Agenda packet — Coachella City Council, September 11, 2024 (part 2 of 2)

Item 28.

2.2 California Identification System (CAL-ID) and Records Management System. (RMS) City agrees as a condition of receiving services hereunder to participate in CAL-ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings.

2.2A Definitions. For purposes of this Agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference:
a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases.

b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City.

c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS.

d) LAWNET shall mean the County’s law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below.
e) County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS.

2.2B Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice.

2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC-based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PCbased equipment used to provide services herein without the permission of Sheriff's Information Technology Officer.

2.2D Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of this Agreement.

3. LEVEL OF SERVICE

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3.1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference.

3.2 Variation in Level of Service. Variationsin the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms:

If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits.

If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.

4. CHIEF OF POLICE

The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with City and consult with City on final selection for the position.

5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT

5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services.

5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriff's specifications shall remain within the City limits, and ownership title thereto shall remain with City.

However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this Agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis.

5.3 City-Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the

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motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriff’s personnel, or persons authorized by the Sheriff.

City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city-approved functions.

5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the Cityowned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this Agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance.

General Insurance Provisions - All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City-owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section.

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c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

6. EMPLOYMENT STATUS OF PERSONNEL

6.1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers’ compensation coverage, pension, or civil service benefits from City.

6.2 Labor Shortage. In the event of a work slow-down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received.

7. COMPENSATION

7.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriff’s Office personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL-ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriff's Special Investigations Bureau, Emergency Services Team and Aviation Unit.

7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend.

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7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriff’s Office at County-owned or leased facilities. Costs are prorated according to the facility’s square footage occupied by a Sheriff’s Office Bureau or Unit.

7.3A Calculation of Facility Rates. The total of the facility’s cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city’s share of the facility cost.

The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriff’s decision to move Contract or unincorporated County Patrol positions from the Station.

7.4 Payment of Costs. County, through the Sheriff’s Office, shall provide to City within thirty (30) days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within thirty (30) days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907.

7.5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service.

7.6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement.

8. INDEMNIFICATION AND HOLD HARMLESS

8.1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by

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City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County.

8.2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City.

9. ADMINISTRATION
The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County.

10. RECORDS
County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County’s appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement.

11. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties.

No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof.

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12. NOTICES
Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:

County City
Chad Bianco, Sheriff City of Coachella
Riverside County Sheriff’s Office 53-990 Enterprise Way Post Office Box 512 Coachella, California 92236
Riverside, California 92502 Attn: City Manager
or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to:

Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1st Floor
Riverside, California 92501
Notice shall be deemed given when in writing and delivered personally or mailed with confirming delivery receipt addressed as set out above.

13. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

14. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriff’s personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.

15. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.

16. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions

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thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith.

17. ELECTRONIC/DIGITAL SIGNATURES
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Signatures on Following Page]

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10 IN WITNESS WHEREOF, the City of Coachella, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.

CITY OF COACHELLA
Dated:_________________ By:________________________
Gabriel Martin, City Manager
ATTEST:

Name:

Title:

By:___________________

COUNTY OF RIVERSIDE
Dated:__________________ By:___________________________ Chuck Washington
Chair of the Board of Supervisors
Riverside County Board of Supervisors
ATTEST: APPROVED AS TO FORM:

Kimberly A. Rector Minh C. Tran
Clerk of the Board County Counsel
By:____________________ By:_________________
Deputy Amrit P. Dhillon
Deputy County Counsel

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11 ATTACHMENT A

CITY OF COACHELLA

LEVEL OF SERVICE
Average Patrol Services
90 supported hours per day. (Equivalent of 17.5 Deputy Sheriff positions @ 1,884 annual productive hours per position)
Dedicated Positions
One (1) Sheriff’s Sergeant position
One (1) Deputy Sheriff position (fully supported) Traffic Officer Three (3) Deputy Sheriff position (fully supported) Community Action Team One (1) Deputy Sheriff position (unsupported) Coachella Valley Narcotics Task Force

One (1) Deputy Sheriff position (unsupported) Violent Crime Gang Task Force Three (3) Community Service Officer II positions

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City of Coachella
Staffing Proposal
FY 2024-2025
To
FY 2028-2029
Prepared By:

Lieutenant Randy Vasquez
April 12, 2024
Exhibit “B”

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City of Coachella
Staffing Proposal FY 24-25 to FY 2028-2029
2 Background:

The Riverside County Sheriff’s Department currently provides 90 hours of general law enforcement services per 24-hour period. In addition to general law enforcement services, the city of Coachella funds a dedicated sergeant position, and three deputy sheriff positions, which make up the Coachella Community Action Team (CCAT). There is one deputy sheriff assigned to each of the following Task Forces:
the Coachella Valley Narcotics Task Force, the Coachella Valley Violent Crime and Gang Task Force, and the Post Release Accountability and Compliance Team (PACT). In FY 19-20, the city of Coachella, added two Community Service Officer positions. In FY 21-22, the city of Coachella added a third CSO which is funded by a three-year Tobacco Grant. The Police Services Budget Total for the FY 23-24 is $10,760,440.

The budget includes line items for operations, overtime, special events, facility fees, CAL-ID, jail access, professional services, vehicle mileage, traffic programs.

The current law enforcement service contract with the County of Riverside expires at the end of FY 23-24.

At the request of the city manager, the following plan for an increase in law enforcement service over the next five years is as follows.

FY 24-25 (addition of traffic deputy)
Increase law enforcement services with the addition of one dedicated deputy sheriff position for the purpose of traffic enforcement. Cost of amendments all-inclusive over current contract services +/- $426,000, Total Contract: $11,249,000
Current Contract: $10,823,000
FY 25-26 (Addition of CCAT deputy & CSO to replace tobacco grant CSO Increase law enforcement services with the addition of one dedicated CCAT deputy. This will even out the numbers on the team and allow even pairing of staff for enforcement. This would also assist with special events staffing (4th of July, El Grito Etc.)
Addition of one CSO to replace the expiring tobacco grant position. This CSO would be utilized as a community outreach position to continue the work of enforcement and education of the tobacco related violations, prevention/education at schools and added responsibility of community outreach programs such as neighborhood watch.

Cost of amendments all-inclusive over current contract services +/- $1,067,000, Total Contract:
$12,415,000
Current Contract: $11,348,000

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City of Coachella
Staffing Proposal FY 24-25 to FY 2028-2029
3 FY 26-27 (Increase contract hours to 96 per day from 90) Current contract is for 90 hours of patrol service. With the deputies working 12 hour shifts this equates to 4 deputies during dayshift and 3 deputies during night shift. Raising the contract hours to 96 would allow even distribution of shift personnel to 4 deputies per shift (day & night).

Cost of amendments all-inclusive over current contract services +/- $1,692,000, Total Contract:
$13,591,000
Current Contract: $11,899,000
FY 27-28 (Addition of 2
nd traffic enforcement deputy)
Increase law enforcement services with the addition of one dedicated deputy sheriff position for the purpose of traffic enforcement. This would raise traffic staffing to two traffic deputies. With anticipated increase in population, traffic congestion, and collisions, a second deputy would be recommended. This would also be with the anticipation of converting these two positions to motorcycle enforcement officers in FY 2028-2029.

Cost of amendments all-inclusive over current contract services +/- $2,277,000, Total Contract:
$14,791,000.

Current Contract: $12,514,000
FY 28-29 (Convert two existing traffic enforcement deputies motorcycle enforcement deputies) Convert the two existing traffic enforcement deputy positions into motorcycle enforcement deputies. The suggested conversion would increase the efficiency of traffic enforcement within the City of Coachella Motorcycle enforcement is best utilized in pairs.

Cost of amendments all-inclusive over current contract services +/- $2,358,000, Total Contract:
$15,430,000
Current Contract: $13,072,000
Budget Proposal Disclosures:

Rate Calculations: Rate Calculations are completed and released in April/May of every year for the current fiscal year. Rates for FY 23-24 will be released in April/May of 2024. Calculations for FY 24-25 are estimated and calculated at 4.2%. Rates for the following fiscal years were calculated at an estimated

5.0% increase. This calculation was done to provide a high estimate although yearly increases are typically +/- 3.0%.

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City of Coachella
Staffing Proposal FY 24-25 to FY 2028-2029
4 Anticipated Rate Increase: FY 24-25 rates are realistic estimates based on an expected 4.2% increase due to increased pension costs.

The city of Coachella has experienced a steady population, housing and economic growth since 2008.

Pursuant to the 2019 Southern California Association of Government (SCAG) Report, Coachella’s population has grown at a rate of 18%, from 38,521 in 2008 to 45,635 in 2018, whereas the law enforcement level of service has not adjusted or grown in proportion to meet the needs and demands of the community.

In 2008, the level of service included 110 patrol hours per day, 2 Special Enforcement Team Deputies, a dedicated Sergeant, a School Resource Deputy, a Gang Task Force Deputy, a Narcotics Task Force Deputy, 2 Motor Officers and 2 Community Service Officers. The current level of service includes 90 patrol hours per day, 3 Special Enforcement Team Deputies, a dedicated Sergeant, a Gang Task Force Deputy, a Narcotics Task Force Deputy, a PACT Deputy (Reimbursed) and 3 Community Service Officers ( 1 Tobacco funded). As a result, the current level of service is less with a higher population and community need than it was in 2008.

Based on the community’s need of consistent traffic enforcement, crime mitigation, and community engagement efforts, I recommend the City of Coachella implement this plan of increased service over the next five years.

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STAFF REPORT
9/11/2024
TO: Honorable Mayor and City Council Members
FROM: Andrew Simmons, P.E., City Engineer
SUBJECT: Construction Contract with Urban Habitat in the amount of $3,307,524.42 plus 10% contingency for the Avenue 50 Street and Median Improvements Phase 1, City Project No.ST-93
STAFF RECOMMENDATION:

Authorize a construction contract with Urban Habitat in the amount $3,307,524.42 plus 10% contingency for the Avenue 50 Street and Median Improvements Phase 1, City Project No.ST-93.

BACKGROUND:

On July 14, 2021 City Council authorized staff to enter into an amended reimbursement agreement with the Coachella Valley Association of Governments (CVAG) and established a total budget for the project. The total amended cost to complete improvements for this project is an amount of $9,250,000, currently there is a reimbursement agreement between CVAG and The City of Coachella to provide funding with the regional share of 75% (CVAG) for an amount $6,937,500 of the total cost. The Project is among the Top 10 projects listed in the 2015 Transportation Project Prioritization Study (TPPS).

The City is the lead agency for this proposed work. The project will widen the existing street and construct concrete curb and gutter and center landscape medians within areas where none exists between Calhoun Street and Cesar Chavez Street. The finished project will complete the planned widening of Avenue 50 to two traffic lanes in each direction, and include pedestrian, bicycle and drainage facilities and landscape medians and utility undergrounding as needed. Due to ongoing right-of-way and utility coordination City Staff has decided to separate the project into two phases.

The first phase includes the improvements on Avenue 50 from La Colonia to Calhoun Street and Van Buren Street to Pavon Palma. Phase two will include the improvements from Pavon Palma to Cesar Chavez. A small portion of this work has been completed from Calhoun Street to Van Buren Street in cooperation with D.R. Horton.

DISCUSSION/ANALYSIS:

The City requested public bids in accordance with City standards and in compliance with the California Public Contract Code. On July 10, 2024, the City issued the Notice Inviting Bids with a non-mandatory job walk held on July 25, 2024. The project bid opening was held on August 15,

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2024 at 10:00 a.m., with Two (2) companies submitting a bid for this project. The bid opening results are listed below:

Company Name: City: Bid Amount:

Urban Habitat La Quinta, CA $3,307,524.42
Granite Construction Company Indio, CA $3,859,000.00
Staff has reviewed the bid and determined that Urban Habitat is the lowest, responsive, responsible bidder. The total project cost, including design engineering, construction engineering, materials testing, construction and a 10% contingency is as follows:

Project Item: Project Cost:

Materials Testing $ 20,000
Construction $ 3,307,524.42
Construction Survey $ 25,000.00
Construction Contingency (10%) $ 330,752.44
TOTAL PROJECT COST: $ 3,683,276.86
FISCAL IMPACT:

The project has been included in the City’s approved CIP FY 2024/25 budget. There is no fiscal impact to the budget. The contract amount of $3,307,524.42, budget for materials testing and construction survey amount of $45,000 and contingency in an amount of $330,752.44 will be reimbursed at 75% CVAG ($2,762,457.64), and 25% City ($920,819.22). The City’s allocation is funded by Fund 185 (Developer Deposit) in the amount of $195,521.79, Fund 117 (Measure A) in the amount of $500,000 and Fund 109 (SB1) in the amount of $225,297.43. With this action, City Council authorizes the appropriation of these funds.

ATTACHMENTS:

1. Construction Contract for Urban Habitat

2. Bid Comparison Summary

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AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -52- CONTRACT FOR CONSTRUCTION

CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), is made and entered into this ____ day of _______, ______, by and between City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, Coachella, California 92236, sometimes hereinafter called the “City” and Urban Habitat, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

ARTICLE 1. SCOPE OF WORK.

The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:

AVENUE 50 STREET & MEDIAN IMPROVEMENTS-PHASE 1
CITY PROJECT NO. ST-93
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION.

Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 120 Working Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE.

The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Million Three Hundred Seven Thousand Five Hundred Twenty-Four Dollars and Forty-two Cents ($3,307,524.42). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.

ARTICLE 4. LIQUIDATED DAMAGES.

Contractor acknowledges that the City will sustain actual damages for each and every Working Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages.

Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $ 1,500.00 for each and every Working Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated

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Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -53- CONTRACT FOR CONSTRUCTION Damages and not as a penalty or forfeiture, if the Bagdouma Court Improvements are not completed by the date set forth in the Invitation to Bid. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.

The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Drug-Free Workplace Certification
Asbestos-Free Material Certification
Recycled Content Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Technical Specifications
Addenda
Construction Plans and Drawings
City of Coachella Standard Specifications and Procedures (June 2007) City of Coachella Standard Infrastructure Drawings (2007 Edition) including Surface Improvement Standards and Water Standards
Standard Specifications for Public Works Construction “Greenbook” (2018), Except Sections 1-9
Standard Plans for Public Works Construction “Greenbook” (2018) Caltrans Standard Specifications (2018), except Division 1 Caltrans Standard Plans (2018)
Applicable Local Agency Standards and Specifications, as last revised Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract

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Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -54- CONTRACT FOR CONSTRUCTION The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 7. INDEMNIFICATION.

Contractor shall provide indemnification and defense as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES.

Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.

ARTICLE 9. FALSE CLAIMS.

Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

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Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -55- CONTRACT FOR CONSTRUCTION IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF COACHELLA
By:

Gabriel Martin
City Manager
ATTEST:

By:

Andrea Carranza, City Clerk
APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

URBAN HABITAT

IF CORPORATION, TWO SIGNATURES,

PRESIDENT OR VICE PRESIDENT AND

SECRETARY OR TREASURER REQUIRED
By:

Its:

Printed Name:

By:

Its:

Printed Name:
963744 ______________________________
Contractor’s License Number and Classification
1000003890____________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)

END OF CONTRACT

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Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -56- CONTRACT FOR CONSTRUCTION Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On ,______ , before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

Page 274 ends

Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -57- PERFORMANCE BOND

BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Coachella, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 53990 Enterprise Way, California 92236, (hereinafter referred to as the “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Avenue 50 Street & Median Improvements-Phase 1, City Project No. ST-93, (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.

The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under

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Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -58- PERFORMANCE BOND the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

Page 276 ends

Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -59- PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, ______.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)

Page 277 ends

Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -60- PERFORMANCE BOND Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 2024, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Page 278 ends

Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -61- PERFORMANCE BOND Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.

END OF PERFORMANCE BOND

Page 279 ends

Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -62- PERFORMANCE BOND Payment Bond (Labor and Materials)
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Coachella, a municipal corporation organized and operating under the laws of the State of California (hereinafter designated as the “City”), by action taken or a resolution passed on _______Date___________ , , has awarded to ________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: Avenue 50 Street & Median Improvements-Phase 1, City Project No. ST-93 (the “Project”); and WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of

Page 280 ends

Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -63- PERFORMANCE BOND any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, _____.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title

Page 281 ends

Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -64- PERFORMANCE BOND Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On ,_____ , before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.

Page 282 ends

Item 29.

AVENUE 50 STREET& MEDIAN IMPS-PHASE 1 -65- PERFORMANCE BOND Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.

END OF PAYMENT BOND

Page 283 ends

Item 29.

CITY OF COACHELLA
AVE 50 MEDIAN LANDSCAPE IMPS- PHASE 1
Project No. ST-93
Bid Comparison Summary
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED

PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Mobilization 1 LS $180,329.38 $180,329.38 $190,000.00 $190,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 2 Dust Control/Stormwater Best Management
Practices (BMP’s) 1 LS $31,418.13 $31,418.13 $168,490.00 $168,490.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 3 Traffic Control/Site Protection 1 LS $163,155.66 $163,155.66 $295,000.00 $295,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $374,903.17 $653,490.00 $0.00 $0.00 $0.00
4 Sawcut and Remove Existing Asphalt
Pavement & Subgrade (18”-24” Depth) (F) (D) 6,530 SF $6.39 $41,726.70 $8.00 $52,240.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 Construct 8” Type D Curb (Over 6” CL2 AB)
per COC Std. S-10 (D) 930 LF $29.40 $27,342.00 $38.00 $35,340.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 6 Construct/Patch 6 AC/ 12” CL2 AB Around
New Median Curbs per Limits as Shown On
Plans
1,945 SF $19.42 $37,771.90 $35.00 $68,075.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 7 1’ Wide Asphalt Grind & Overlay (2” Thick)
Around New Median Curb Patches per Limits
as Shown On Plans (F) (D)
970 LF $20.98 $20,350.60 $12.00 $11,640.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 8 Furnish & Install (F&I) Landscape & Electrical
Sleeves (F) (D) 110 LF $186.87 $20,555.70 $150.00 $16,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 9 F & I - CL2 CAB Fill Material for Median
Island Stamped PCC Noses (F) (D) 200 CY $96.56 $19,312.00 $60.00 $12,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10 Construct 4” Thick Quarry Red Median Nose
Stamped PCC (Mixed Paver Pattern) (D) 1,460 SF $16.24 $23,710.40 $10.00 $14,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 11 F & I - Suitable Clean Soil Material for Median
Island Planter/Landscaping (F) (D) 170 CY $85.17 $14,478.90 $80.00 $13,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 12 Construct 4” Thick Quarry Red 1’ Wide (4”
Thick) Stamped PCC Median Buffer Strip
(Mixed Paver Pattern) Over 6” CL2 AB (D)
445 SF $21.71 $9,660.95 $27.00 $12,015.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 13 Adjust Water Valve to Grade per CVWD STD.

W-17 & W-18 1 EA $4,960.76 $4,960.76 $1,200.00 $1,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 14 Adjust Manhole to Grade per CVWD STD. D10 1 EA $4,528.31 $4,528.31 $1,500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 15 F & I - 110/240 Electrical Meter Pedestal per
Plan (D) 1 EA $17,329.32 $17,329.32 $14,250.00 $14,250.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 16 F & I - Uplights per Plan (D) 4 EA $3,009.85 $12,039.40 $2,775.00 $11,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 17 F & I - Palm Tree Ring Lights per Plan (D) 3 EA $3,669.61 $11,008.83 $5,075.00 $15,225.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 18 F & I - Electrical Receptacles per Plan (D) 2 EA $3,885.89 $7,771.78 $3,250.00 $6,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 19 F & I - Electrical Conduits, Conductors &
Pullboxes per Plan 1 LS $46,992.32 $46,992.32 $47,385.00 $47,385.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 20 F & I - Landscape Controller & Cabinet per
Plan (D) 1 EA $12,802.64 $12,802.64 $16,500.00 $16,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 21 F & I - Landscape Irrigation Piping &
Equipment per Plan 1 LS $16,640.31 $16,640.31 $16,500.00 $16,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 22 Soil Prep, Weed Abatement, & Fine Grade (F)
(D) 2,160 SF $0.85 $1,836.00 $0.80 $1,728.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 23 F & I – 6” Permaloc Aluminum Edging per
Plan (F) (D) 175 LF $10.01 $1,751.75 $9.20 $1,610.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 24 F & I -15’ BTH Date Palm Tree per Plan (D) 3 EA $4,420.08 $13,260.24 $3,650.00 $10,950.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 25 F & I - 36” Drake Elm Tree per Plan (D) 1 EA $1,755.03 $1,755.03 $1,300.00 $1,300.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 26 F & I - 36” Flamboyant Tree per Plan (D) 1 EA $2,015.04 $2,015.04 $1,450.00 $1,450.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 27 F & I – 1 Gal Shrub per Plan (D) 40 EA $20.80 $832.00 $9.20 $368.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 28 F & I – 5 Gal Shrub per Plan (D) 48 EA $52.00 $2,496.00 $42.00 $2,016.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 29 F & I – 3” Compacted 3/8”- Decomposed
Granite (California Gold) per Plan (D) 1,100 SF $1.63 $1,793.00 $2.00 $2,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 30 F & I – 3” Compacted 3/8”- Decomposed
Granite (Pepper Red) per Plan (D) 400 SF $1.89 $756.00 $2.40 $960.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 31 F & I – 3” Thick 3/4”- Loose Aggregate Rock
(Baja Cresta Grey) per Plan 270 SF $2.02 $545.40 $2.25 $607.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 32 F & I – 2”- 5” Angular Rock Cobble (Apache
Brown) with DG ”Grout” per Plan (D) 390 SF $3.90 $1,521.00 $5.75 $2,242.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 33 90 Day Landscape Maintenance Period 1 LS $3,475.84 $3,475.84 $2,200.00 $2,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 34 Remove Existing Striping & Markers per Plan 1 LS $11,787.67 $11,787.67 $4,574.00 $4,574.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 35 F & I – Type II REAS Slurry (With Crackfill) (D)
(S) 69,380 SF $1.55 $107,539.00 $1.00 $69,380.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 36 F & I - Road Striping & Markers per Plan 1 LS $44,254.00 $44,254.00 $34,495.00 $34,495.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 37 Furnish, Install, or Modify Signage per Plan 1 LS $1,749.12 $1,749.12 $1,480.00 $1,480.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 38 Furnish & Install 1” Copper Water Service and
Install City Furnished 3/4” Allegro Water Meter
per CVWD Std. W-7
1 EA $19,842.57 $19,842.57 $10,000.00 $10,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $566,192.48 $513,731.00 $0.00 $0.00 $0.00
39 Sawcut and Remove Existing Asphalt
Pavement & Subgrade (18”-24” Depth) (F) (D) 38,145 SF $6.50 $247,942.50 $8.00 $305,160.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 40 Remove Existing Median Curb, Landscape,
Soil, Irrigation, Etc. & Modify as Needed for
New Median Tie-In (F)
1 LS $40,511.74 $40,511.74 $20,000.00 $20,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 41 Construct 8” Type D Curb (Over 6” CL2 AB)
per COC Std. S-10 (D) 4,770 LF $31.07 $148,203.90 $38.00 $181,260.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 42 Construct/Patch 6 AC/ 12” CL2 AB Around
New Median Curbs per Limits as Shown On
Plans
11,700 SF $19.42 $227,214.00 $35.00 $409,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 43 1’ Wide Asphalt Grind & Overlay (2” Thick)
Around New Median Curb Patches per Limits
as Shown On Plans (F) (D)
4,040 LF $20.98 $84,759.20 $12.00 $48,480.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 44 Furnish & Install (F&I) Landscape & Electrical
Sleeves (F) (D) 1,430 LF $143.23 $204,818.90 $150.00 $214,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 45 F & I - CL2 CAB Fill Material for Median
Island Stamped PCC Noses (F) (D) 680 CY $96.56 $65,660.80 $60.00 $40,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 46 Construct 4” Thick Quarry Red Median Nose
Stamped PCC (Mixed Paver Pattern) (D) 3,360 SF $16.32 $54,835.20 $10.00 $33,600.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 47 F & I - Suitable Clean Soil Material for Median
Island Planter/Landscaping (F) (D) 1,605 CY $87.54 $140,501.70 $80.00 $128,400.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 48 Construct 4” Thick Quarry Red 1’ Wide (4”
Thick) Stamped PCC Median Buffer Strip
(Mixed Paver Pattern) Over 6” CL2 AB (D)
3,695 SF $17.49 $64,625.55 $27.00 $99,765.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 49 Adjust Water Valve to Grade per CVWD STD.

W-17 & W-18 1 EA $5,008.54 $5,008.54 $1,200.00 $1,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 50 Adjust Manhole to Grade per CVWD STD. D10 1 EA $4,540.88 $4,540.88 $1,500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 51 F & I - 110/240 Electrical Meter Pedestal per
Plan (D) 1 EA $17,329.32 $17,329.32 $14,250.00 $14,250.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 52 F & I - Uplights per Plan (D) 50 EA $1,044.75 $52,237.50 $2,775.00 $138,750.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 53 F & I - Palm Tree Ring Lights per Plan (D) 12 EA $1,920.49 $23,045.88 $5,075.00 $60,900.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 54 F & I - Electrical Receptacles per Plan (D) 10 EA $3,403.70 $34,037.00 $3,250.00 $32,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 55 F & I - Electrical Conduits, Conductors &
Pullboxes per Plan 1 LS $154,943.95 $154,943.95 $260,029.00 $260,029.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 56 F & I - Landscape Controller & Cabinet per
Plan (D) 1 EA $13,910.26 $13,910.26 $16,500.00 $16,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 57 F & I - Landscape Irrigation Piping &
Equipment per Plan 1 LS $105,691.95 $105,691.95 $108,000.00 $108,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 58 Soil Prep, Weed Abatement, & Fine Grade (F)
(D) 23,210 SF $0.59 $13,693.90 $0.80 $18,568.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 59 F & I – 6” Permaloc Aluminum Edging per
Plan (F) (D) 1,325 LF $10.01 $13,263.25 $9.20 $12,190.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 60 F & I -15’ BTH Date Palm Tree per Plan (D) 12 EA $4,355.08 $52,260.96 $3,650.00 $43,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 61 F & I - 36” Drake Elm Tree per Plan (D) 16 EA $1,192.12 $19,073.92 $1,300.00 $20,800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 62 F & I - 36” Flamboyant Tree per Plan (D) 9 EA $1,618.53 $14,566.77 $1,450.00 $13,050.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 63 F & I – 1 Gal Shrub per Plan (D) 545 EA $10.40 $5,668.00 $9.20 $5,014.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 64 F & I – 5 Gal Shrub per Plan (D) 462 EA $49.40 $22,822.80 $42.00 $19,404.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 65 F & I – 3” Compacted 3/8”- Decomposed
Granite (California Gold) per Plan (D) 15,560 SF $1.43 $22,250.80 $2.00 $31,120.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 66 F & I – 3” Compacted 3/8”- Decomposed
Granite (Pepper Red) per Plan (D) 2,810 SF $1.56 $4,383.60 $2.40 $6,744.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 67 F & I – 3” Thick 3/4”- Loose Aggregate Rock
(Baja Cresta Grey) per Plan 1,930 SF $2.02 $3,898.60 $2.25 $4,342.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 68 F & I – 2”- 5” Angular Rock Cobble (Apache
Brown) with DG ”Grout” per Plan (D) 2,910 SF $3.90 $11,349.00 $5.75 $16,732.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 69 90 Day Landscape Maintenance Period 1 LS $10,427.52 $10,427.52 $6,877.00 $6,877.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 70 Remove Existing Striping & Markers per Plan 1 LS $5,405.74 $5,405.74 $5,797.00 $5,797.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 71 F & I – Type II REAS Slurry (With Crackfill) (D)
(S) 296,045 SF $1.27 $375,977.15 $1.00 $296,045.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 72 F & I - Road Striping & Markers per Plan 1 LS $76,400.05 $76,400.05 $61,695.00 $61,695.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 73 Furnish, Install, or Modify Signage per Plan
Item 1 LS $5,325.37 $5,325.37 $4,506.00 $4,506.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 74 Furnish & Install 1” Copper Water Service and
Install City Furnished 3/4” Allegro Water Meter
per CVWD Std. W-7
1 EA $19,842.57 $19,842.57 $10,000.00 $10,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,366,428.77 $2,691,779.00 $0.00 $0.00 $0.00
$3,307,524.42 $3,859,000.00 $0.00 $0.00 $0.00
Indicates Staff correction of the math.

Indicates Apparent Low Bidder
TOTAL
Bid Schedule URBAN HABITAT GRANITE CONSTRUCTION CO. Contractor 3 Contractor 4 Contractor 5 BASE BID AREA 1- MOBILIZATION, TRAFFIC CONTROL & BMP's
BASE BID AREA 2- CALHOUN ST. TO WEST OF COLONIA
TOTAL
TOTAL
BASE BID AREA 3- VAN BUREN ST. TO PAVON PALMA
TOTAL

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Item 29.
1 STAFF REPORT
9/11/2024
TO: Honorable Mayor and City Council Members
FROM: Maritza Martinez, Public Works Director
SUBJECT: Public Hearing on the Formation of the Community Facilities District (CFD) 2024-1:

Resolution 2024-45, Establishing the Community Facilities District (CFD) 2024- 1;
Resolution 2024-46, Calling a Special Election for CFD 2024-1; Resolution 2024-47, Declaring the Results of the Special Election and Directing Recording of a Notice of Special Tax Lien for CFD No. 2024-01; and Ordinance 1214, of City of Coachella Community Facilities District No. 2024-1 (Public Services) and to Authorize the Levy of a Special Tax Therein to Finance Certain Services
STAFF RECOMMENDATION:

1. Open the public hearing for the purpose of receiving public testimony and property owner protests regarding the formation of the proposed CFD for public services.

2. Close public hearing and tabulate ballots for the Formation of Community Facilities District 2024-1.

3. Approve Resolution 2024-45, resolution of formation for Community Facilities District(CFD) 2024-1; resolution of formation of the City Council of the City of Coachella to establish City of Coachella Community Facilities District No. 2024-1 (Public Services), to establish an appropriations limit therefor, to authorize the levy of a special tax therein, and to submit th establishment of an appropriations limit and the levy of special taxes to the qualified electors thereof;

4. Approve Resolution 2024-46, a resolution of the City Council of the City of Coachella calling a special election and submitting to the qualified electors of City of Coachella Community Facilities District No. 2024-1 (Public Services) propositions regarding the establishment of an appropriations limit and the annual levy of a special tax within the Community Facilities District;

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Item 30.
2 5. Approve Resolution 2024-47, a resolution of the City Council of the City of Coachella declaring the results of a special election in the City of Coachella Community Facilities District No. 2024- 1 (Public Services) and directing the recording of a notice of special tax lien; and

6. Approve Ordinance 1214, an ordinance of the City Council of the City of Coachella, California, levying special taxes within the City of Coachella Community Facilities District No. 2021-1 (Public Services).

BACKGROUND:

On March 13, 2024, the City Council of the City of Coachella approved Resolution No. 2024-09, approving Final Tract Map No. 38557-1 (Sevilla II). The Project will consist of a 204-lot residential development. The project includes pedestrian sidewalks; landscaping; an approximate 1.0-acre recreational park area; an approximate 1.37-acre water retention basin; an approximate 0.23-acre dedicated future well site; monument signage; and street and utility improvements.

On July 24, 2024 the City Council adopted a Resolution of Intent with the intent of forming a MelloRoos community facilities district, CFD 2024-1 (Public Services) to finance the impact by new development on park maintenance, landscaping and lighting maintenance, drainage maintenance and street maintenance.

The City Council set September 11, 2024, as the date of the public hearing to receive public testimony and property owner protests, if any, with regard to the formation of the district and the levy of a special tax.

After receiving public testimony, the City Council will consider (1) adopting a Resolution of Formation forming and establishing CFD 2024-1, (2) calling and declaring the results of a special landowner election, and (3) based on the results of the election, introducing an Ordinance authorizing the levy of a special tax within the boundaries of CFD 2024-1.

The City has received the consent and waiver form from the property owner within the proposed CFD waiving the time limits for conducting the election and waiving the analysis and arguments regarding the ballot measure. The City’s consultant, Willdan Financial Services, has determined that there are less than twelve registered voters residing within the CFD boundaries. As a result, an election by property owners is all that is necessary. The property owners have received a special election ballot for the CFD, which allows them one vote per acre or portion thereof. The City Clerk has canvassed the ballots that were returned to the City Clerk.

A CFD Report prepared by Willdan Financial Services is included as required by the Mello-Roos Community Facilities Act of 1982. This report provides a brief description of the public services, which will be required to adequately meet the needs of the CFD and estimates of costs of providing those public services. In addition, the report includes a map showing the boundaries of the proposed CFD.

DISCUSSION/ANALYSIS:

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Item 30.
3 The conditions of development of the Project requires it to be part of a CFD to provide funding to offset the increased cost of public services created due to new development for park maintenance, landscaping and lighting maintenance, drainage maintenance and street maintenance.

To fund the impact of new development on the City’s public services, staff recommends that the City Council approve the establishment of CFD 2024-1 (Public Services), a Mello-Roos Community Facilities District, by holding a public hearing and adopting the Resolution of Formation, the resolution calling for a special election, and the resolution declaring the election results, followed by the first reading of the Ordinance authorizing the special tax. The special taxes collected from the property owners within the proposed CFD 2024-1 are to be used for the funding of park maintenance, landscaping and lighting maintenance, drainage maintenance and street maintenance required due to the development of the property within the proposed CFD 2024-1.

The Project proposed for inclusion in the CFD 2024-1 is owned by Pulte Home Company, LLC and is generally located west of Van Buren Street and south of Avenue 50. The Project currently includes the development of 204 single family residential parcels. The boundary of the CFD includes the area within assessor’s parcel numbers 779-280-002 and 779-320-001.

Once the formation is complete, and the election results are at least two-thirds approval, the property owners of the development will be required to pay annual special taxes for CFD 2024-1, beginning the fiscal year after they are issued a building permit, as itemized on their property tax bill, in accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax.

ALTERNATIVES:

1. Hold the public hearing, approve the resolutions establishing the CFD, calling for a special election, declaring the election results, and the first reading of the Ordinance authorizing the special tax.

2. Take no action.

3. Continue this item and provide staff with direction.

FISCAL IMPACT:

The City expects to collect an annual special tax of $655, plus an annual inflationary adjustment per detached dwelling unit within CFD 2024-1. In accordance with the rate set forth in the Rate and Method of Apportionment of Special Tax, the annual special tax will be collected beginning the fiscal year after a building permit is issued and will be reflected as itemized charge on their property tax bill. CFD 2024-1 will result in a new annual special tax totaling $133,620 for 204 single family residential parcels; subject to annual inflationary adjustment.

RECOMMENDED ALTERNATIVE(S):

Staff recommends Alternative #1 as stated above.

Attachments:

1. Resolution No. 2024-45

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Item 30.
4 2. Resolution No. 2024-46

3. Resolution No. 2024-47

4. CFD Report

5. Ordinance No. 1214

Page 288 ends

Item 30.
80237.00021\6952238.1
RESOLUTION NO. 2024-45

RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF

COACHELLA TO ESTABLISH CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SERVICES), TO ESTABLISH AN APPROPRIATIONS

LIMIT THEREFOR, TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN,

AND TO SUBMIT THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND

THE LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS THEREOF WHEREAS, on July 24, 2024, the City Council adopted a resolution entitled “A Resolution of the City Council of the City of Coachella Declaring Its Intention to Establish a City of Coachella Community Facilities District No. 2024-1 (Public Services)” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. 2024-1 (Public Services) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”);
WHEREAS, the Resolution of Intention, setting forth a description of the proposed boundaries of the CFD, Services to be financed by the CFD, including incidental expenses, and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the Services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; WHEREAS, the Resolution of Intention set September 11, 2024, or as soon thereafter as practical, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method; WHEREAS, a notice of the public hearing to be held on September 11, 2024 was published in accordance with the Act;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD; WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council, at the conclusion of said hearing, is fully advised in the premises; WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and

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Item 30.
80237.00021\6952238.1
WHEREAS, the Special Tax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes.

WHEREAS, City Staff reviewed the proposed CFD formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”). CEQA Guidelines Section 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “[t]he creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).)
WHEREAS, the CFD is intended to fund park maintenance, landscaping and lighting maintenance, drainage maintenance and street maintenance attributable to new growth within the City.

WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:

1. Recitals Correct. The foregoing recitals are true and correct.

2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.

3. No Majority Protest. The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.

4. Prior Proceedings Valid. All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special Tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.

5. Name of the District. The community facilities district designated “City of Coachella Community Facilities District No. 2024-1 (Public Services)” of the City is hereby established pursuant to the Act.

6. Boundaries of the District. The Resolution of Intention provides the boundaries of the territory proposed for inclusion in the CFD, as set forth in the map of the CFD heretofore recorded in the Riverside County Recorder’s Office on August 2, 2024, in Book 93 at Page 74 as Recording Reference No. 2024-0230987 of Maps of Assessment and Community Facilities Districts.

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Item 30.
80237.00021\6952238.1

7. Description of Services. The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.

8. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.

9. CFD Report. The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD, and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.

10. Increased Demands. It is hereby found and determined that the Services are necessary to meet increased demands placed upon the City, as the result of development occurring in the CFD.

11. Responsible Official. The Public Works Director, or his or her designee, of the City of Coachella, located at 53990 Enterprise Way, Coachella, CA, 92236, telephone number (760) 501- 8111, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.

12. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.

13. Description of Voting Procedures. The voting procedures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.

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Item 30.
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b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD, the Special Election shall be conducted by the City Clerk pursuant to Section 53326 of the Act as follows:
(i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special Tax to finance the Services and (ii) the establishment of an appropriations limit for the CFD. (ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors. (iii) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid, or by personal service. (iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election. (v) The official ballot to be mailed (or delivered) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner's land ownership within the CFD. (vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.

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(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 6:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted. (viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

14. Annexation Territory. Other property within the boundaries of the City may be annexed into the CFD pursuant to Article 3.5 of the Act.

15. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

16. Appropriations Limit. An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to all the proceeds of the Special Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.

17. Special Tax Accountability Measures. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof. b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.
c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The Public Works Director, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.

18. CEQA. The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment. Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City

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Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.

19. Effective Date. This resolution shall take effect upon its adoption.

PASSED, APPROVED and ADOPTED this 11th day of September, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven Hernandez, Mayor
City of Coachella
ATTEST:
_________________________________
Angela M. Zepeda, City Clerk
City of Coachella
I hereby certify that the foregoing is a true and correct copy of a resolution, being Resolution No. 2024-XX, duly passed and adopted at a meeting of the City Council of the City of Coachella, California, held on September 11, 2024.
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella

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APPROVED AS TO FORM:
____________________________________
Carlos L. Campos, City Attorney
City of Coachella

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Exhibit A
City of Coachella Community Facilities District No. 2024-1 (Public Services)
Description of Services
It is the intention of this City Council to finance certain services described below (the “Services”). The City Council hereby finds that the Services are in addition to those provided in the territory within the CFD prior to the establishment of the CFD and that such Services will not supplant services already available within that territory. A general description of the services to be provided is as follows:

Landscaping and Lighting Maintenance: includes the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain public landscaping and lighting improvements for, within, or associated with the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD.

Park Maintenance: includes the estimated and reasonable costs of providing public park maintenance for, within, or associated with the CFD, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services.

Drainage Maintenance: includes the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain public drainage improvements for, within, or associated with the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD.

Street Maintenance: includes the labor, material, administration, personnel, equipment and utilities necessary to maintain public streets, streetlights and associated appurtenant facilities for, within, or associated with the CFD, including City overhead costs associated with providing such services within the CFD.

The cost of the Services shall include incidental expenses, including, but not limited to, the costs associated with forming the CFD, determination of the amount of the Special Taxes, collection of the Special Taxes, payment of the Special Taxes, and costs incurred in order to carry out the authorized purposes of the CFD.

All Services shall be provided by the City of Coachella, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Coachella.

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Nothing in this description of Services or any Resolution of the City Council shall be construed as committing the City or the CFD to provide all of the authorized Services. The provision of Services shall be subject to the successful formation of the CFD and the availability of sufficient proceeds of special taxes within the CFD. The City may annually prioritize, at its discretion, the authorized Services that would be funded and the amount of the special tax proceeds that it will use for each Service.

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Exhibit B
City of Coachella Community Facilities District No. 2024-1 (Public Services)
Rate and Method of Apportionment
A Special Tax of City of Coachella Community Facilities District No. 2024-1 (Public Services) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2024/25 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below.

All of the real property in the CFD, 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:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended. “Administrative Expenses” means the following actual or reasonably estimated costs incurred by the City as administrator of the CFD, provided that such costs are directly related to administration of the CFD: costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparation of required reports and any other costs required to administer the CFD in accordance with the Act, as determined by the City.
“Affordable Housing” means for each Fiscal Year, any Residential Unit(s) located on an Assessor’s Parcel of Developed Property that is available at an affordable housing cost due to a regulatory agreement of no less than 15 years, restricting 100% of the Residential Unit(s) on the Assessor’s Parcel of Developed Property to be affordable to households that are extremely low to low income, as defined in Health and Safety Code Section 50079.5.

The City will have the authority to approve and establish policies regarding Affordable Housing and their status.
“Annual Escalation Factor” means the greater of (i) two percent (2%) or (ii) the Annual percentage increase in the Consumer Price Index for All Urban Consumers for RiversideSan Bernardino-Ontario, CA Area (not seasonally adjusted) as determined by the Bureau of Labor Statistics. If said index is discontinued, then an alternative index may be used as determined by the Special Tax Administrator.
“Assessor's Parcel” means a Lot or parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.
“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

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“Attached Residential” means an Assessor’s Parcel of Developed Property, which is not Affordable Housing Property, within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls and/or common spaces, qualified as Attached Residential at the City’s discretion, consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied.
“Base Year” means Fiscal Year ending June 30, 2025.
“Building Permit” means a permit issued for new construction of a residential or nonresidential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy. “CFD” means City of Coachella Community Facilities District No. 2024-1 (Public Services).
“City” means the City of Coachella.
“City Clerk” means the City Clerk for the City or his or her designee. “Council” means the City Council of the City, acting as the legislative body of the CFD. “County” means the County of Riverside, California.
“Detached Residential” means an Assessors’ Parcel of Developed Property within the CFD, which is not Affordable Housing Property, for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family detached Dwelling Unit, including Mobile Homes, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Property” means, for Detached Residential, Attached Residential, or Affordable Housing Property, an Assessor’s Parcel within the CFD for which a Building Permit was issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or Building Square Footage, as applicable, per City or County records for that Assessor’s Parcel. “Drainage Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain public drainage improvements for, within, or associated with the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD. “Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non-residential use only, and as defined in the City of Coachella's Municipal Code.

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“Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy, and (v) Welfare Exemption Property. “Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development 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. “Landscaping and Lighting Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing landscaping and lighting maintenance within, or associated with the CFD, including the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain public landscaping and lighting improvements for, within, or associated with the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD.
“Land Use Class” means any of the classes listed in Table 1 and defined herein. “Lot” means an individual legal lot created by an Assessor’s Parcel Map or Final Map. “Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.
“Mobile Home” means a vehicle designed and equipped for human habitation as defined by the California Health & Safety Code § 18008.
“Park” means a public park, open space, trail, dog park dedicated to and/or managed by the City of Coachella.
“Park Maintenance Requirement” means, for any Fiscal means, for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing park maintenance services within, or associated with the CFD, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services.

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“Property Owner Association Property” means, for each Fiscal Year, any property within the CFD 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, which consists of property owned in common by owners of surrounding properties and it is intended for use for community purposes. “Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Developed Property to the Maximum Special Tax per Assessor’s Parcel of Developed Property is equal for all Assessor’s Parcels of Developed Property. “Proportionately” means, for Undeveloped Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Undeveloped Property to the Maximum Special Tax per Assessor’s Parcel of Undeveloped Property is equal for all Assessor’s Parcels of Undeveloped Property.
"Public Property" means, in any Fiscal Year: (i) all Parcels within the boundaries of the CFD that are owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that Taxable City Property shall not be categorized as Public Property, and any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; and (ii) all Parcels within the boundaries of the CFD that are encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Reserve Fund” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover maintenance and operational cost overruns, and delinquencies in the payment of Special Taxes. “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 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.
“Special Tax Requirement” means the sum of (i) Streetscape and Landscape Maintenance Requirement, (ii) Administrative Expenses of the CFD, and (iii) and any amounts required to establish or replenish a Reserve Fund for that Fiscal Year. “State” means the State of California.
“Street Maintenance Requirement” means, for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, administration, personnel, equipment and utilities necessary to maintain public streets, streetlights and associated appurtenant facilities for, within, or associated with the CFD, including City overhead costs associated with providing such services within the CFD.

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“Streetscape and Landscape Maintenance Requirement” means the sum of the Landscaping and Lighting Maintenance Requirement, the Park Maintenance Requirement, the Street Maintenance Requirement, and the Drainage Maintenance Requirement. “Taxable Property” means all Assessor’s Parcels of Developed Property and Undeveloped Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.
“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Building Permit has not been issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Exempt Property.
“Welfare Exemption Property” means, in any Fiscal Year, any Parcels that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2024/25, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2024/25, Taxable Property shall be further classified as Attached Residential, Detached Residential, Affordable Housing Property, or Undeveloped Property.

C. MAXIMUM SPECIAL TAX RATES
Land Use
Class Land Use Description Fiscal Year 2024/25 Maximum Special Tax Rate 1 Detached Residential $655 per Dwelling Unit
2 Attached Residential $524 per Dwelling Unit
3 Affordable Housing Property $306 per Dwelling Unit
4 Undeveloped Property $4,247 per Lot acre
For each Fiscal Year following the Base Year, the Maximum Special Tax rates shall be increased by the Annual Escalation Factor. A different Maximum Special Tax may be added to the CFD as a result of future annexations or if future annexations involve a new Land Use Class.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2024/25, and for each subsequent Fiscal Year, the Special Tax 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:

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Step 1: The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax to meet the Special Tax Requirement. The applicable Maximum Special Tax shall be based on the Developed Property’s classification as Detached Residential, Attached Residential, or Affordable Housing Property.

Step 2: If after applying the method of apportionment in Step 1, if additional funds are needed to satisfy the Special Tax Requirement, the Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax to meet the remainder of the Special Tax Requirement needed. The applicable Maximum Special Tax shall be based on the Undeveloped Property’s classification.

E. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section A.

For each Fiscal Year, if the use or ownership of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in Section A, therefore making such Assessor's Parcel no longer eligible to be classified as Exempt Property, such Assessor's Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Sections B, C, and D.

F. APPEALS
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the Special Tax Administrator regarding such error. If following such consultation, the Special Tax Administrator determines that an error has occurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Public Works Director, who shall either (1) refer the matter to the City’s existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special threemember Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The hearing board or Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision of the hearing board or Review/Appeal Committee shall be final and binding to all persons.

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G. MANNER OF COLLECTION
Special Taxes 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 (i) the CFD may directly bill the Special Tax, and (ii) the CFD may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.

H. TERM OF SPECIAL TAX
Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity or until the City Council takes appropriate actions to terminate the Special Tax pursuant to the Act.

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RESOLUTION NO. 2024 - 46

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA CALLING

A SPECIAL ELECTION AND SUBMITTING TO THE QUALIFIED ELECTORS OF CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC

SERVICES) PROPOSITIONS REGARDING THE ESTABLISHMENT OF AN

APPROPRIATIONS LIMIT AND THE ANNUAL LEVY OF A SPECIAL TAX WITHIN

THE COMMUNITY FACILITIES DISTRICT
WHEREAS, on September 11, 2024 the City Council (the “City Council”) of the City of Coachella (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No. 2024-1 (Public Services) (the “District”).

WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Coachella to Establish City of Coachella Community Facilities District No. 2024-1 (Public Services), to Establish an Appropriations Limit therefore, to Authorize the Levy of a Special Tax therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that less than twelve (12) persons are registered to vote in the territory of the District; and WHEREAS, the City Clerk has advised the City Council that she has received Consent and Waiver forms from each and every landowner within the District, pursuant to which each landowner has expressly waived certain requirements related to the conduct of the election.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:

1. Recitals. The above recitals are all true and correct.

2. Call of Election. The City Council hereby calls and schedules a special election for September 11, 2024, to consider the proposition described in Section 3 below.

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3. Proposition.
a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act. b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation. c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on file in the office of the City Clerk and by this reference incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:

Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Coachella to Establish City of Coachella Community Facilities District No. 2024-1 (Public Services), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Coachella Community Facilities District No. 2024-1 (Public Services), to pay for police and fire services, the maintenance of streets, landscaping, lighting, parks and drainage, and incidental expenses related thereto, and shall the appropriations limit be established, all as set forth in the Resolution of Formation?

4. Electors Determined. The City Council finds that 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the special election called by this Resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election.

5. Conduct of Election. Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

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6. Election Procedures.
a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation. b. The City Council hereby finds that the qualified electors of the CFD have waived the time limits for conducting the special election by unanimous written consent.

7. Concurrence of City Clerk. The City Council hereby finds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act.

PASSED, APPROVED and ADOPTED this 11th day of September, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven Hernandez, Mayor
City of Coachella
ATTEST:
_________________________________
Angela M. Zepeda, City Clerk
City of Coachella
I hereby certify that the foregoing is a true and correct copy of a resolution, being Resolution No. 2024-46, duly passed and adopted at a meeting of the City Council of the City of Coachella, California, held on September 11, 2024.
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
____________________________________
Carlos L. Campos, City Attorney
City of Coachella

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Item 30.

RESOLUTION NO. 2024 - 47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA

DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SERVICES) AND

DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN WHEREAS, in proceedings heretofore conducted by the City Council of the City of Coachella (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code (the “Act”), the City Council adopted Resolution No. 2024-46 on September 11, 2024, entitled “Resolution of the City Council of the City of Coachella Calling a Special Election and Submitting to the Qualified Electors of City of Coachella Community Facilities District No. 2024-1 (Public Services) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. 2024-1 (Public Services) (the “District”); and
WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on September 11, 2024, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and
WHEREAS, this City Council has reviewed said Certificate and hereby approves it.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:

1. Recitals. The above recitals are all true and correct.

2. Ballot Measure. The ballot measure (the “Ballot Measure”) presented to the qualified electors is set forth in Exhibit B attached hereto and by this reference incorporated herein.

3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A. Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.

4. Ballot Measure Authorized. This City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.

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Item 30.

5. Finding of Validity. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act.

6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.

PASSED, APPROVED and ADOPTED this 11th day of September, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven Hernandez, Mayor
City of Coachella
ATTEST:
_________________________________
Angela M. Zepeda, City Clerk
City of Coachella
I hereby certify that the foregoing is a true and correct copy of a resolution, being Resolution No. 2024-47, duly passed and adopted at a meeting of the City Council of the City of Coachella, California, held on September 11, 2024.
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
____________________________________
Carlos L. Campos, City Attorney
City of Coachella

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Item 30.

EXHIBIT A

CITY OF COACHELLA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(PUBLIC SERVICES)

CERTIFICATE OF THE CITY CLERK AS TO THE

RESULTS OF THE CANVASS OF THE ELECTION RETURNS
I, Angela M. Zepeda, City Clerk of the City of Coachella, hereby certify that I canvassed the returns of the Special Election in the City of Coachella Community Facilities District No. 2024-1 (Public Services) (the “District”), that the election was held in the Chambers of the City Council at 1515 6th St, Coachella, California 92236 on September 11, 2024.

I further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct:

Community Facilities District No. 2024-1
(Public Services) Special Tax Election,
September 11, 2024
Qualified
Eligible
Votes
Votes
Cast Yes No
Ballot Measure 40
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 11th day of September, 2024.

By: __________________________
Angela M. Zepeda
City Clerk
City of Coachella

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Item 30.
80237.00021\6952238.1

EXHIBIT B

CITY OF COACHELLA
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(PUBLIC SERVICES)
Ballot Measure:

Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Coachella to Establish City of Coachella Community Facilities District No. 2024-1 (Public Services), to Establish an Appropriations Limit therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof” (the “Resolution of Formation”) be levied annually on taxable property within City of Coachella Community Facilities District No. 2024-1 (Public Services), to pay for the maintenance of streets, landscaping, lighting, parks and drainage, and incidental expenses related thereto, and shall the appropriations limit be established, all as set forth in the Resolution of Formation?

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Item 30.

City of Coachella
Community Facilities District No 2024-1
(Public Services)

CFD REPORT

March 2012
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com/financial

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Item 30.

TABLE OF CONTENTS
I. INTRODUCTION 1
II. DESCRIPTION OF SERVICES 2
III. COST ESTIMATE 3
IV. DESCRIPTION OF BOUNDARIES 5
V. RATE AND METHOD OF APPORTIONMENT 7

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 1
I. INTRODUCTION
WHEREAS, the City Council of the City of Coachella (hereinafter referred to as the “Council”), in the State of California, did, pursuant Section 53321.5 of Chapter 2.5 of Part 1, of Division 2, of Title 5 of the Government Code of the State of California, as amended (the “Act”), expressly order the filing of a written Community Facilities District Report (“Report”) with the City of Coachella for a proposed Community Facilities District, which Community Facilities District shall be referred to as Community Facilities District No. 2024-1 (Public Services), (hereinafter referred to as the “CFD”); and WHEREAS, the Report generally contains the following:

A brief description of the public services (the “Services”) which are required to adequately meet the needs of the CFD; and
an estimate of the cost of financing such Services; and the rate and method of apportionment of the special tax in sufficient detail to allow each property owner within the proposed CFD to calculate the Maximum Special Tax that may be levied against their property.

For particulars, reference is made to the Resolution of Intention, Resolution No. 2024- 42, as previously approved. All capitalized terms not defined herein are defined in the Rate and Method of Apportionment of Special Tax section of this Report.

NOW THEREFORE, Willdan Financial Services, the appointed responsible firm directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit said Report.

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 2
II. DESCRIPTION OF SERVICES
The services (the “Services”) described below are proposed to be financed by City of Coachella Community Facilities District No. 2024-1 (Public Services) (the “CFD”). The Services are in addition to those provided in the territory of the CFD before establishing the CFD. The Services do not supplant services already available within the territory of the CFD before establishing the CFD.

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 3
All Services shall be provided by the City of Coachella, with its own forces or by contract with third parties, or any combination thereof, to be determined entirely by the City of Coachella.

Nothing in this description of Services or any Resolution of the City Council shall be construed as committing the City or the CFD to provide all of the authorized Services. The provision of Services shall be subject to the successful formation of the CFD and the availability of sufficient proceeds of special taxes within the CFD. The City may annually prioritize, at its discretion, the authorized Services that would be funded and the amount of the special tax proceeds that it will use for each Service.

Substitution of Services
The description of the Services, as set forth herein, is general in its nature. The final nature of the Services will be determined upon the City’s approval of services. The approval thereof may show substitutes in lieu of, or modification to, the proposed Services in order to provide the public Services necessitated by development occurring in the CFD, and any such substitution shall not be a change or modification in the proceedings as long as such substitute Services serve a function or provide a service substantially similar to that function served or the service provided by the Services described in this Report.

III. COST ESTIMATE
Cost Estimates for Services
The CFD is being formed to mitigate the financial impact of providing additional Public Services created by new development in the City. The initial Maximum Special Tax that may be levied annually for each land use type is shown in Table 1 of the Rate and Method of Apportionment.

For each fiscal year following the Base Year (Fiscal Year 2024/25), the initial Maximum Special Tax rates shall be automatically increased in accordance with the Annual Escalation Factor.

The budget below represents the estimated cost of Services within the CFD. The City’s budget was used to calculate the initial CFD Budget for Fiscal Year 2024/25 and Special Tax rates and was the basis for the amount necessary to pay for the CFD’s proportionate share of the Services, which are in addition to the Services already provided to the area, if any, before the CFD was created. The budget is expected to increase as annexations to the CFD occur.

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 4
Description
CFD 2024-1
Fiscal Year 2024/25
Estimated Budget
Landscape Maintenance Contract $35,000
Park Maintenance 35,000
Landscape Utilities 9,000
Tree Maintenance 8,500
Streetlight Utilities 7,200
Storm Drainage Maintenance 10,000
Street Maintenance 19,000
CFD Administration 10,000
Total $133,700
The estimated budget may increase after Fiscal Year 2024/25 due to new development and cost inflation.

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 5
IV. DESCRIPTION OF BOUNDARIES
A description of the exterior boundaries of the territory proposed for inclusion in the CFD, including properties and parcels of land proposed to be subject to the levy of a special tax by the CFD, is as shown on the boundary map designated as “PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SERVICES),” which is on file in the office of the City Clerk and is shown as follows for reference.

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Item 30.

MAP OF PROPOSED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 2024-1
(PUBLIC SERVICES)

CITY OF COACHELLA

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

VICINITY MAP
§¨¦10
SITE
Legend
Proposed CFD Boundary
Map Reference Number
SHEET 1 OF 1
1 /
Legend

CITY OF COACHELLA
1 2
VA
N
B
U
R
E
N
S
T
AVENUE 50
FILED IN THE OFFICE OF THE CITY CLERK THIS ____________ DAY OF ___________, 20__.

I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SERVICES),

CITY OF COACHELLA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,

WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF COACHELLA AT A REGULAR MEETING THEREOF, HELD ON THE _____________, DAY OF _____________, 20__, BY ITS RESOLUTION NO. _____________________.
_____________________________________

CITY CLERK

CITY OF COACHELLA
FILED THIS ___________ DAY OF _____________, 20__, AT THE HOUR OF ______________ O'CLOCK ___.M. IN BOOK ______ OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) ______, IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.

PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER
_____________________________________

BY DEPUTY

COUNTY RECORDER

COUNTY OF RIVERSIDE

STATE OF CALIFORNIA

THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS DIAGRAM SHALL

BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR'S MAPS FOR THOSE PARCELS LISTED.

THE RIVERSIDE COUNTY ASSESSOR'S MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES AND DIMENSIONS OF SUCH LOTS OR PARCELS.

MAP

REFERENCE
NUMBER

ASSESSOR'S

PARCEL NUMBER
1 779-280-002
2 779-320-001

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 7
V. RATE AND METHOD OF APPORTIONMENT
A Special Tax of City of Coachella Community Facilities District No. 2024-1 (Public Services) (“CFD”) shall be levied on all Assessor's Parcels within the CFD and collected each Fiscal Year commencing in Fiscal Year 2024/25 in an amount determined by the Special Tax Administrator through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the CFD, 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:
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter

2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended.
“Administrative Expenses” means the following actual or reasonably estimated costs incurred by the City as administrator of the CFD, provided that such costs are directly related to administration of the CFD: costs to determine, levy and collect the Special Taxes, including an allocable share of the salaries and benefits of City employees, the fees of consultants, and legal counsel; the costs of collecting installments of the Special Taxes upon the general tax rolls, including any charges levied by County departments; and the preparation of required reports and any other costs required to administer the CFD in accordance with the Act, as determined by the City.
“Affordable Housing” means for each Fiscal Year, any Residential Unit(s) located on an Assessor’s Parcel of Developed Property that is available at an affordable housing cost due to a regulatory agreement of no less than 15 years, restricting 100% of the Residential Unit(s) on the Assessor’s Parcel of Developed Property to be affordable to households that are extremely low to low income, as defined in Health and Safety Code Section 50079.5. The City will have the authority to approve and establish policies regarding Affordable Housing and their status.
“Annual Escalation Factor” means the greater of (i) two percent (2%) or (ii) the Annual percentage increase in the Consumer Price Index for All Urban Consumers for Riverside-San Bernardino-Ontario, CA Area (not seasonally adjusted) as determined by the Bureau of Labor Statistics. If said index is discontinued, then an alternative index may be used as determined by the Special Tax Administrator.
“Assessor's Parcel” means a Lot or parcel of land shown on an Assessor's Parcel Map with a parcel number assigned by the Assessor of the County that corresponds to a number shown on the County Assessor’s roll.

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City of Coachella CFD 2024-1 (Public Services) 8
“Assessor's Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
“Attached Residential” means an Assessor’s Parcel of Developed Property, which is not Affordable Housing Property, within the CFD for which a Building Permit has been issued for purposes of constructing a residential structure or structures sharing common walls and/or common spaces, qualified as Attached Residential at the City’s discretion, consisting of two or more Dwelling Units, including, but not limited to duplexes, triplexes, and apartment units, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied. “Base Year” means Fiscal Year ending June 30, 2025.
“Building Permit” means a permit issued for new construction of a residential or non-residential structure. For purposes of this definition, “Building Permit” shall not include permits issued solely for grading, utility improvements, or other such improvements that are constructed and installed and are not intended for human occupancy.
“CFD” means City of Coachella Community Facilities District No. 2024-1 (Public Services).
“City” means the City of Coachella.
“City Clerk” means the City Clerk for the City or his or her designee. “Council” means the City Council of the City, acting as the legislative body of the CFD.
“County” means the County of Riverside, California.
“Detached Residential” means an Assessors’ Parcel of Developed Property within the CFD, which is not Affordable Housing Property, for which a Building Permit has been issued for purposes of constructing a residential structure consisting of one single-family detached Dwelling Unit, including Mobile Homes, as of June 30th preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Property” means, for Detached Residential, Attached Residential, or Affordable Housing Property, an Assessor’s Parcel within the CFD for which a Building Permit was issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied, based on the number of Dwelling Units or Building Square Footage, as applicable, per City or County records for that Assessor’s Parcel.

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 9
“Drainage Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, testing, reporting, remediation, permitting, general administration, personnel, equipment and utilities necessary to maintain public drainage improvements for, within, or associated with the CFD, including drain inlets, filters, detention basin, storm drain pipeline, and associated appurtenant facilities located within, or associated with, the CFD. “Dwelling Unit” means each separate residential unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential units, in which a person or persons may live, which comprises an independent facility and is not considered to be for non-residential use only, and as defined in the City of Coachella's Municipal Code.
“Exempt Property” means for each Fiscal Year, an Assessor's Parcel within the CFD not subject to the Special Tax. Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement such as railroad parcels, roads and landscape lots, (iv) property reasonably designated by the City or Special Tax Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors that may make development of such property impractical for human occupancy, and (v) Welfare Exemption Property. “Final Map” means an Assessor’s Parcel Map, a Final Subdivision Map, parcel map, condominium plan, or any other map functionally considered to be an equivalent development 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.
“Landscaping and Lighting Maintenance Requirement” means for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing landscaping and lighting maintenance within, or associated with the CFD, including the labor, material, administration, personnel, equipment and utilities (i.e., water and power) necessary to maintain public landscaping and lighting improvements for, within, or associated with the CFD, including trees, turf, ground cover, shrubs, weed removal, irrigation systems, sidewalk, drainage facilities, lighting, signs, monuments, graffiti removal, walkways, and associated appurtenant facilities located within, or associated with, the CFD. “Land Use Class” means any of the classes listed in Table 1 and defined herein.
“Lot” means an individual legal lot created by an Assessor’s Parcel Map or Final Map.

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 10
“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below, that can be levied by the CFD in any Fiscal Year on any Assessor’s Parcel.
“Mobile Home” means a vehicle designed and equipped for human habitation as defined by the California Health & Safety Code § 18008. “Park” means a public park, open space, trail, dog park dedicated to and/or managed by the City of Coachella.
“Park Maintenance Requirement” means, for any Fiscal means, for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing park maintenance services within, or associated with the CFD, including but not limited to (i) the costs of contracting for park maintenance services, including trees, plant material, restrooms, irrigation systems, sidewalks, drainage facilities, weed control, lighting, and parking lot maintenance, (ii) the salaries and benefits of City staff, including maintenance staff, that directly provide park maintenance services, (iii) the expense related to equipment, apparatus, and supplies related to these services and authorized by the Act, (iv) utility costs such as water, sewer, lighting and power and (v) City overhead costs associated with providing such services.
“Property Owner Association Property” means, for each Fiscal Year, any property within the CFD 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, which consists of property owned in common by owners of surrounding properties and it is intended for use for community purposes.
“Proportionately” means, for Developed Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Developed Property to the Maximum Special Tax per Assessor’s Parcel of Developed Property is equal for all Assessor’s Parcels of Developed Property. “Proportionately” means, for Undeveloped Property, that the ratio of the actual Special Tax levied per Assessor’s Parcel of Undeveloped Property to the Maximum Special Tax per Assessor’s Parcel of Undeveloped Property is equal for all Assessor’s Parcels of Undeveloped Property.
"Public Property" means, in any Fiscal Year: (i) all Parcels within the boundaries of the CFD that are owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency; provided, however, that Taxable City Property shall not be categorized as Public Property, and any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act (as such section may be amended or replaced) shall be taxed and classified in accordance with its use; and (ii) all Parcels within the boundaries of the CFD that are encumbered by an

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City of Coachella CFD 2024-1 (Public Services) 11
unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Reserve Fund” means a fund that shall be created and maintained for the CFD for each Fiscal Year to provide necessary cash flow to cover maintenance and operational cost overruns, and delinquencies in the payment of Special Taxes. “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 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.
“Special Tax Requirement” means the sum of (i) Streetscape and Landscape Maintenance Requirement, (ii) Administrative Expenses of the CFD, and (iii) and any amounts required to establish or replenish a Reserve Fund for that Fiscal Year.
“State” means the State of California.
“Street Maintenance Requirement” means, for any Fiscal Year in which the Special Taxes are levied, the amount equal to the budgeted costs for providing the labor, material, administration, personnel, equipment and utilities necessary to maintain public streets, streetlights and associated appurtenant facilities for, within, or associated with the CFD, including City overhead costs associated with providing such services within the CFD.
“Streetscape and Landscape Maintenance Requirement” means the sum of the Landscaping and Lighting Maintenance Requirement, the Park Maintenance Requirement, the Street Maintenance Requirement, and the Drainage Maintenance Requirement.
“Taxable Property” means all Assessor’s Parcels of Developed Property and Undeveloped Property within the CFD that are not Exempt from the Special Tax pursuant to law or as defined herein.
“Undeveloped Property” means, for each Fiscal Year, an Assessor’s Parcel within the CFD for which a Building Permit has not been issued on or prior to June 30th preceding the Fiscal Year in which the Special Tax is being levied and is not classified as Exempt Property.
“Welfare Exemption Property” means, in any Fiscal Year, any Parcels that have received a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code and for which such welfare exemption is still in place.

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 12
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, commencing with Fiscal Year 2024/25, using the definitions above, each Assessor’s Parcel within the CFD shall be classified as Taxable Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2024/25, Taxable Property shall be further classified as Attached Residential, Detached Residential, Affordable Housing Property, or Undeveloped Property.

Step 1: The Special Tax shall be Proportionately levied each Fiscal Year on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax to meet the Special Tax Requirement. The applicable Maximum Special Tax shall be based on the Developed Property’s classification as Detached Residential, Attached Residential, or Affordable Housing Property.

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Item 30.

City of Coachella CFD 2024-1 (Public Services) 13
Maximum Special Tax shall be based on the Undeveloped Property’s classification.

E. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section A.

F. APPEALS
Any landowner who pays the Special Tax and believes that the amount of the Special Tax levied on their Assessor’s Parcel is in error shall first consult with the Special Tax Administrator regarding such error. If following such consultation, the Special Tax Administrator determines that an error has occurred, the Special Tax Administrator may amend the amount of the Special Tax levied on such Assessor’s Parcel. If following such consultation and action, if any, the landowner believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor’s Parcel. Upon the receipt of any such written notice, the City Clerk shall forward a copy of such notice to the City Finance Director, who shall either (1) refer the matter to the City’s existing hearing board for administrative appeals; or (2) establish as part of the proceedings and administration of the CFD, a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The hearing board or Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner appeals, as herein specified. The decision of the hearing board or Review/Appeal Committee shall be final and binding to all persons.

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City of Coachella CFD 2024-1 (Public Services) 14
G. MANNER OF COLLECTION
Special Taxes 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 (i) the CFD may directly bill the Special Tax, and (ii) the CFD may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the City Council.

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Item 30.
80237.00021\6952238.1
ORDINANCE NO. 1214

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COACHELLA,

CALIFORNIA, LEVYING SPECIAL TAXES WITHIN THE CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC SERVICES) WHEREAS, on July 24, 2024, the City Council of the City of Coachella (the “City Council”) adopted Resolution No. 2024-42 entitled “A Resolution of the City Council of the City of Coachella Declaring Its Intention to Establish City of Coachella Community Facilities District No. 2024-1 (Public Services) and to Authorize the Levy of a Special Tax Therein to Finance Certain Services” (the “Resolution of Intention”), stating its intention to establish the City of Coachella Community Facilities District No. 2024-1 (Public Services) (the “District”) to fund certain services described therein (the “Services”) pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code section 53311 et seq. (the “Act”); and WHEREAS, notice was published as required by the Act of the public hearing called pursuant to the Resolution of Intention as to the City Council’s intention to form the District and to provide for the costs of the Services; and
WHEREAS, the Resolution of Intention called for a public hearing on the District to be held on September 11, 2024, and on this date the City Council held a public hearing, as required by the Act, relative to its decision to proceed with the formation of the District and the levy of special taxes therein; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the special taxes were heard, evidence was presented and considered by this City Council and a full and fair hearing was held; and WHEREAS, subsequent to the close of the public hearing, this City Council adopted resolutions entitled "Resolution of Formation of the City Council of the City of Coachella to establish City of Coachella Community Facilities District No. 2024-1 (Public Services), to establish an Appropriations Limit therefor, to authorize the Levy of A Special Tax therein, and to Submit the establishment of an Appropriations Limit and the Levy of Special Taxes to the Qualified Electors thereof” (the “Resolution of Formation”), and "Resolution of the City Council of the City of Coachella calling a Special Election and submitting to the Qualified Electors of City of Coachella Community Facilities District No. 2024-1 (Public Services) propositions regarding the establishment of an appropriations Limit and the annual Levy of a Special Tax Within the Community Facilities District", which resolutions established the District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax within, and establishing an appropriations limit for, the District; and WHEREAS, an election was held within the District in which the landowners approved said propositions by ballots cast in the election.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Coachella as follows:

1. By the passage of this Ordinance, this City Council hereby authorizes and levies special taxes within the District, pursuant to the Act, at the rate and in accordance with

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Item 30.
80237.00021\6952238.1
the rate and method of apportionment of special taxes appended as Exhibit B to the Resolution of Formation (the “Rate and Method of Apportionment”), which Resolution of Formation is by this reference incorporated herein. The Special Tax is hereby levied to pay for the Services for the District, as contemplated by the Resolution of Formation and the Rate and Method of Apportionment, commencing in fiscal year 2024-25 and in each fiscal year thereafter.

2. The Public Works Director of the City or her designee is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for each parcel of real property within the District, in the manner and as provided in the Rate and Method of Apportionment.

3. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method of Apportionment.

4. All of the collections of the special tax shall be used as provided for in the Act and in the Resolution of Formation, including, but not limited to, the payment of costs of providing the Services, the payment of City costs in administering the District and the costs of collecting and administering the special tax.

5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District. The special taxes will be collected in the same manner as ordinary ad valorem property taxes, and the special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of California Government Code section 53356.1 shall apply to delinquent special tax payments. The Public Works Director or her designee is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Riverside and to take all actions necessary to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at the times necessary to satisfy the financial obligations of the District in each fiscal year.

Notwithstanding the foregoing, any special taxes that cannot be collected on the County tax roll, or are not so collected, may be collected through direct billing by the City.

6. If for any reason a court with jurisdiction finds any portion of this ordinance to be invalid or finds the special tax to be inapplicable to any particular parcel, then the balance of this ordinance and the application of the special tax to the remaining parcels shall not be affected.

7. This ordinance shall take effect and be in force immediately as a tax measure; and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published and circulated in the District.

PASSED, APPROVED and ADOPTED this 11th day of September, 2024 by the following votes:

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Item 30.
80237.00021\6952238.1
AYES:

NOES:

ABSENT:

ABSTAIN:

Steven Hernandez, Mayor
City of Coachella
ATTEST:
_________________________________
Angela M. Zepeda, City Clerk
City of Coachella
I hereby certify that the foregoing is a true and correct copy of an ordinance, being Ordinance No. 1214, duly passed and adopted at a meeting of the City Council of the City of Coachella, California, held on September 11, 2024.
___________________________________
Angela M. Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
____________________________________
Carlos L. Campos, City Attorney
City of Coachella

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Item 30.

STAFF REPORT
9/11/2024
TO: Honorable Mayor and City Council Members
FROM: Gabriel Perez, Development Services Director
SUBJECT: Community Facilities District (CFD No. 2005-01) Annexation No. 36 – (Sevilla II-Pyramid Ranch)
SPECIFICS: a) Adopt Resolution No. 2024-48 Determining the Validity of Prior Proceedings relating to Annexation of Property (Annexation No. 36) in the City of Coachella CFD No. 2005-01 (Law Enforcement, Fire and Paramedic Services).
b) Adopt Resolution No. 2024-50 on Behalf of CFD No. 2005-01 Calling a Special Election within Annexation Area No. 36 (Sevilla II-Pyramid Ranch). c) Adopt Resolution No. 2024-51 Canvassing The Results of The Election Held Within CFD No. 2005-01 Area No. 36 (Sevilla II-Pyramid Ranch). d) Adopt Ordinance No. 1215 on Behalf of CFD No. 2005-01 Authorizing the Levy of a Special Tax within Annexation Area No. 36 Annexed to Said District (1st Reading)
STAFF RECOMMENDATION:

Staff recommends that the City Council open the public hearing and take the following actions:
1) Adopt Resolution No. 2024-48 and Direct City Clerk to orally verify proof of publication of notices pursuant to Mello-Roos CFD Act of 1982, and confirm absence of any landowner protest;
2) Adopt Resolution No. 2024-50 Calling a Special Election. 3) Adopt Resolution No. 2024-51 Canvassing the Results of The Election within CFD No. 2005-01 Annexation Area No. 36 (Sevilla II-Pyramid Ranch). 4) Introduce for 1st Reading, by title only, Ordinance No. 1215 Authorizing the Levy of a Special Tax within Annexation Area No. 36 Annexed to CFD No. 2005-01.

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Item 31.

BACKGROUND:

On September 14, 2005 the City Council adopted Resolution No. 2005-93 establishing the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended. The District and several annexations of territory have been established in the City of Coachella over the past 19 years. The annexation areas consist of new residential subdivisions and multi-family residential development projects.

On July 24, 2024, the City Council adopted Resolution No. 2024-40 stating its intention to annex certain property (APN# 779-280-002 and 779-320-001), consisting of the Pyramid Ranch project (previously known as Sevilla II) (“Annexation Area No. 36”) into the District pursuant to the Act.

A copy of Resolution No. 2040-40 which includes a description and map of Annexation Area No. 36, and the rate and method of apportionment and manner of collection of the special tax are on file with the City Clerk.

DISCUSSION/ANALYSIS
Pursuant to the conditions of approval imposed on the Pyramid Project which includes construction of a new 204 single-residential community on 39.35 acres generally located west of Van Buren Street and south of Avenue 50, the project site must be annexed into the City-wide Community Facilities District (CFD No. 2005-01).

The resolution of intention affirmed the Annexation 36 Map, and the rate and method of tax collection for the annexed property. The CFD is collected through the annual property tax assessment rolls and, for this project, may be subject to a subsequent Agreement for deferral of assessments. There is currently one landowner, and they have filed a “Petition and Waiver” with the City Clerk’s Office certifying their desire to annex to the District under shortened timelines.

Attached for the City Council’s review and approval are the following resolutions and Ordinance action items:

Resolution 2024-48 of the City Council Determining the Validity of Prior Proceedings relating to Annexation of Property (Annexation Area No. 36) in the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services).

Resolution 2024-50 of the City Council acting on Behalf of the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) Calling a Special Election within Annexation Area No. 36.

Resolution 2024-51 of the City Council acting on Behalf of the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and Paramedic Services) Canvassing the Results of the Election Held Within Annexation Area No. 36 Annexed to Said District.

Ordinance No. 1215 - An Ordinance of the City Council acting on Behalf of the City of Coachella Community Facilities District No. 2005-01 (Law Enforcement, Fire and

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Item 31.

Paramedic Services) Authorizing the Levy of a Special Tax Within Annexation Area No. 36 Annexed to Said District (First Reading).

On the night of the public hearing, staff will provide the Mayor, or designee, with specific instructions on the necessary procedures and public announcements for conducting the above public hearings, and adopting the resolution and ordinance actions.

FISCAL IMPACT:

The attached resolutions and ordinance actions would pave the way to annex the Pyramid Ranch site (Annexation No. 36) into the City-wide CFD which would collect an annual special tax that pays for Law Enforcement, Fire and Paramedic Services. The current rate and apportionment method would collect $1,516.52 plus CPI per every dwelling unit that is constructed within the developed single-family residential project. Ultimately, these funds will be used to augment the operating costs for police, fire, and paramedic services in the City of Coachella.

ALTERNATIVES:

1. Adopt the attached resolutions and introduce Ordinance 1215 for 1st Reading, by title only.

2. Continue this item and provide staff with direction.

3. Take no action.

RECOMMENDED ALTERNATIVE(S):

Staff recommends alternative #1.

Attachments:

1. Resolution No. 2024-48 Determining Validity of Prior Proceedings

2. Resolution No. 2024-50 Calling Special Election_

3. Resolution No. 2024-51_Canvassing Results

4. Ordinance No. 1215 (1st Reading)

5. Exhibit A - Rate and Method (CFD 2005-01)

6. Exhibit B - CFD Annexation Map 36

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Item 31.

RESOLUTION NO. 2024-48

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA

DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING
TO ANNEXATION OF PROPERTY (ANNEXATION NO. 36) INTO CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW

ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Coachella, California (the “City”), has heretofore adopted Resolution No. 2024-40 stating its intention to annex certain property, consisting of Sevilla II (Pyramid Ranch) – (“Annexation Area No. 36”), into City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 2024-40 incorporating a description and map of the proposed boundaries of Annexation Area No. 36, and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 36, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 36, prior to the annexation of Annexation Area No. 36, respectively, to the District and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 36, are on file with the City Clerk and incorporated herein by reference; and WHEREAS, Resolution No. 2024-40 set September 11, 2024 as the date of the public hearing on the annexation of Annexation Area No. 36 to the District and this Council held the said public hearing as required by law; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 36 to the District were heard and a full and fair hearing was held; and
WHEREAS, at said hearings evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearings is fully advised in the premises;

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:

Section 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines that the proceedings prior hereto were valid and in conformity with the requirements of the Act.

Section 2. Annexation Area No. 36 is hereby annexed into the District.

Section 3. The description and map of the boundaries of Annexation Area No. 36 on file in the City Clerk’s office and as described in said Resolution No. 2024-40 and incorporated herein by reference, shall be the boundaries of Annexation Area No. 36. The map of the proposed

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Item 31.
boundaries of Annexation Area No. 36 has been recorded in the Office of the County Recorder of Riverside County, California in Book 93, page 97 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2024-0257482).

Section 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 36 prior to the annexation thereof to the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 36. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services.

Section 5. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in Annexation Area No. 36, and this lien shall continue in force and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases.

Section 6. Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within Annexation Area No.

36. Section 7. The Council finds that there is not an ad valorem property tax currently being levied on property within Annexation Area No. 36 for the exclusive purpose of financing law enforcement, fire and paramedic services.

Section 8. Written protests against annexation of Annexation Area No. 36, or against the furnishing of specified services or facilities or the levying of a specified special tax within Annexation Area No. 36, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within Annexation Area No. 36.

Section 9. The Office of the City Manager, 1515 Sixth Street, Coachella, California 92236, (760) 398-3502, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.

Section 10. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax.

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Item 31.

PASSED, APPROVED and ADOPTED this 11th day of September, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven Hernandez, Mayor
City of
Coachella
ATTEST:
_________________________________
Angela Zepeda, City Clerk
City of Coachella
I hereby certify that the foregoing is a true and correct copy of a resolution, being Resolution No. 2024-48, duly passed and adopted at a meeting of the City Council of the City of Coachella, California, held September 11, 2024.
___________________________________
Angela Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
____________________________________
Carlos L. Campos, City Attorney

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Item 31.

City of Coachella

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

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Item 31.

RESOLUTION NO. 2024-50

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA

ACTING ON BEHALF OF CITY OF COACHELLA COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE AND

PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “Council”) of the City of Coachella, California (the “City”), has heretofore adopted Resolution No. 2024-40 stating its intention to annex certain properties, consisting of Sevilla II – Pyramid Ranch (“Annexation Area No. 36”), into City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 2024-40 incorporating a description and map of the proposed boundaries of Annexation Area No. 36, and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 36, which will be used to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 36 prior to the annexation of Annexation Area No. 36, respectively, to the District and do not supplant services already available within the territory of proposed to be included in Annexation Area No. 36, are on file with the City Clerk and incorporated herein by reference; and WHEREAS, on September 11, 2024, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 36 into the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 36 into the District were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. 2024-48 determining the validity of prior proceedings relating to such annexations; and
WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 36 to finance the above referenced public services has not been precluded by protest of the owners of one-half (1/2) or more of the area of land within Annexation Area No. 36; and WHEREAS, this Council wishes to present to the respective qualified electors of Annexation Area No. 36 a proposition to levy special taxes on property within Annexation Area No. 36;

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:

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Item 31.
2 Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 36 a proposition (the “Proposition 25”) to levy special taxes on property within Annexation Area No. 36 in accordance with the rate and method specified in Resolution 2024-40 of the Council. The Proposition 25 is attached as hereto.

Section 2. A special election is hereby called for Annexation Area No. 36 on the Proposition 25 set forth in Section 1 above.

Section 3. The date of the special elections shall be on the 11th day of September, 2024. The voter ballots shall be returned to the City Clerk at 53990 Enterprise Way, Coachella, California 92236, no later than 11:00 o’clock a.m. on September 11, 2024.

Section 4. The Council finds and determines that there were no registered voters residing within the territories of Annexation Area No. 36 at the time of the protest hearing and ninety (90) days prior thereto. The requirements of Section 53326 of the Government Code having been waived by the sole landowner or sole landowners, the ballot for the special election shall be mailed or hand delivered to the landowner or landowners within each of Annexation Area No. 36.

Section 5. Annexation Area No. 36 shall constitute a single election precinct for the purpose of holding said election.

Section 6. The Council hereby directs that the election be conducted by the City Clerk of the City of Coachella, as the elections official.

PASSED, APPROVED and ADOPTED this 11th day of September, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Steven Hernandez, Mayor
City of
Coachella

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Item 31.
3 ATTEST:
________________________________
Angela Zepeda, City Clerk
City of Coachella
I hereby certify that the foregoing is a true and correct copy of a resolution, being Resolution No. 2024-50, duly passed and adopted at a meeting of the City Council of the City of Coachella, California, held on September 11, 2024.
___________________________________
Angela Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
___________________________________
Carlos L. Campos, City Attorney
City of Coachella

ATTACHMENT

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Item 31.

RESOLUTION NO. 2024-51

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COACHELLA ACTING ON BEHALF OF CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 36 ANNEXED TO SAID DISTRICT.

WHEREAS, the City Council of the City of Coachella, California (the “Council”) has previously conducted proceedings pertaining to the annexation of certain properties, consisting of Sevilla II – Pyramid Ranch (“Annexation Area No. 36”), into the City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “District”), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of an election in regard to the foregoing; and WHEREAS, on September 11, 2024, an election was held within Annexation Area No. 36 regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such election the proposal for the rate and method of apportionment and manner of collection of the special tax for Annexation Area No. 36 was approved by the qualified electors of Annexation Area No. 36;

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:

Section 1. It is hereby determined that the election conducted within Annexation Area No. 36 was duly and validly conducted.

Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of the District, as specified in Resolution No. 2024-48 determining the validity of prior proceedings adopted by the City Council on September 11, 2024.

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Item 31.

PASSED, APPROVED and ADOPTED this 11th day of September, 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

Steven Hernandez, Mayor
City of
Coachella
ATTEST:
_________________________________
Angela Zepeda, City Clerk
City of Coachella
I hereby certify that the foregoing is a true and correct copy of a resolution, being Resolution No. 2024-51, duly passed and adopted at a meeting of the City Council of the City of Coachella, California, held on September 11, 2024.
___________________________________
Angela Zepeda, City Clerk
City of Coachella
APPROVED AS TO FORM:
___________________________________
Carlos L. Campos, City Attorney
City of Coachella

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Item 31.

ORDINANCE NO. 1215

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COACHELLA ACTING AS

THE LEGISLATIVE BODY OF CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 36 ANNEXED TO SAID DISTRICT
WHEREAS, on July 24, 2024, the City Council (the “Council”) of the City of Coachella, California (the “City”), adopted Resolution No. 2024-40 stating its intention to annex certain properties, consisting of Sevilla II – Pyramid Ranch (“Annexation Area No. 36”), into City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, notice was published as required by law relative to the intention of the Council to annex Annexation Area No. 36 into the District; and
WHEREAS, on September 11, 2024 this Council held a noticed public hearing as required by law relative to the determination to proceed with the annexation of Annexation Area No. 36 into the District and the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 36 to finance certain public services; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 36 were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2024-48 determining the validity of prior proceedings relative to the annexation of Annexation Area No. 36 into the District and authorized the levy of a special tax within Annexation Area No. 36; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2024-50 which called an election within Annexation Area No. 36, for September 11, 2024 on the proposition of levying a special tax; and
WHEREAS, on September 11, 2024 an election was held within Annexation Area No. 36, in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax;

NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF COACHELLA AS FOLLOWS:

Section 1. A special tax is levied within the boundaries of Annexation Area No. 36 Exhibit “B”, pursuant to the formula set forth in Exhibit “A” attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 36, prior to the annexation of Annexation Area No. 36, respectively, into the District.

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Item 31.

Section 2. This legislative body is hereby further authorized each year, by resolution adopted as provided in section 53340 of the Act, to determine the specific special tax rate and amount to be levied for the next fiscal year, except that the special tax rate to be levied shall not exceed the maximum rate set forth in Exhibit “A.”
Section 3. All of the collections of the special tax shall be used as provided for in the Act and Resolution No. 2024-48 of the Council.

Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes.

Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.

Section 6. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Coachella on this 11th day of September 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Steven Hernandez, Mayor
ATTEST:
_____________________________
Angela Zepeda, City Clerk

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Item 31.

APPROVED AS TO FORM:
______________________________
Carlos Campos, City Attorney

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE ) SS

CITY OF COACHELLA )
I, Angela Zepeda, City Clerk of the City of Coachella do hereby certify that the foregoing is a true and correct copy of an ordinance, being Ordinance No. 1215 duly passed and adopted at regular meeting of the City Council of the City of Coachella, California held on the 11th day of September, 2024.

By: _________________________
Angela Zepeda, City Clerk

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Item 31.

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

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Item 31.

NOTICE OF ADOPTION OF ORDINANCE NO. 1215
NOTICE IS HEREBY GIVEN that on September 11, 2024, the City Council of the City of Coachella, in its capacity as the legislative body of the City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services), held a public hearing and adopted Ordinance No. 1215. A summary of Ordinance No. 1215 follows and is marked as Exhibit “A”. At said time and place the testimony of all interested persons or taxpayers for or against said ordinance was heard.

Ordinance No. 1215 was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By: Angela Zepeda, City Clerk
City of Coachella

Dated: September 11, 2024

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Item 31.

EXHIBIT “A”

BEFORE THE CITY COUNCIL OF THE CITY OF COACHELLA IN ITS

CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE

AND PARAMEDIC SERVICES)
IN THE MATTER OF Authorizing
the Levy of a Special Tax Within
Annexation Area No. 36 Annexed
to City of Coachella Community
Facilities District No. 2005-1 (Law
Enforcement, Fire and Paramedic
Services)
) ORDINANCE NO. 1215 SUMMARY
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The ordinance authorizes the levy of an annual special tax within Annexation Area No. 36 annexed to City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services) (the “District”), collected in the same manner as ordinary ad valorem taxes, in an amount necessary to finance a portion of the cost of providing law enforcement, fire and paramedic services that are in addition to those provided in the territory within Annexation Area No. 36, prior to the annexation of Annexation Area No. 36, respectively, to the District, which is necessary to meet increased demands placed upon the City as a result of development or rehabilitation occurring within Annexation Area No. 36.

By: Angela Zepeda, City Clerk
City of Coachella
Dated: September 11, 2024

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1 Exhibit A - Ordinance 1215

RATE AND METHOD OF APPORTIONMENT FOR
CITY OF COACHELLA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Community Facilities District No. 2005-1 of the City of Coachella (the “CFD”) and collected each Fiscal Year commencing in Fiscal Year 2006-07, in an amount determined by the City Council of the City of Coachella, through the application of the Rate Method of Apportionment as described below. All of the real property in the CFD, 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:
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “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 County Assessor of the County designating parcels by Assessor’s parcel number.
“CFD Administration” means an official of the City, or designee thereof, responsible for providing for the levy and collection of the Special Taxes. “CDF” means City of Coachella Community Facilities District No. 2005-1 (Law Enforcement, Fire and Paramedic Services).
“City” means the City of Coachella.
“City Council” means the City Council of the City.
“Commercial or Industrial Property” means for each Fiscal Year, property for which a building permit for new construction of a commercial or industrial use building has been issued. “County” means the County of Riverside.
“Developed Multi-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit for new construction of a multi-family dwelling with four or more units was issued prior to June 30 of the prior Fiscal Year, exclusive of property for which the property owner pays Transient Occupancy Taxes or the property owner has entered into an agreement with the City pursuant to which such property owner pays Transient Occupancy Taxes.

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2 “Developed Property” means for each Fiscal Year, all Developed Multi-Family Residential Property and Developed Single-Family Residential Property. “Developed Single-Family Residential Property” means for each Fiscal Year, all Taxable Property for which a building permit new construction of a single-family dwelling unit was issued prior to June 30 of the prior Fiscal Year.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Resolution of Formation” means the resolution adopted by the City as authorized by Section 53325.1 of the California Government Code.
“Special Tax” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel Taxable Property.
“State” means the State of California.
“Taxable Property” means all the Assessor’s Parcels within the boundaries of the CFD which are not exempt from the Special Tax pursuant to law or Section E below. “Transient Occupancy Taxes” means those transient occupancy taxes payable to the City pursuant to Ordinance.
“Undeveloped Property” means, for each Fiscal Year, all Assessor’s Parcels not classified as Developed Property or Commercial or Industrial Property.

B. ASSIGNMENT TO LAND USE CLASSES
Each Fiscal Year, all Taxable Property within the CFD classified as Developed Single-Family Residential Property or Developed Multi-Family Residential Property shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX

1. Developed Single-Family Residential Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel classified as Developed SingleFamily Residential Property shall be $846.76 for Police Services and $511.34 for Fire/Paramedic Services.
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2015, the Maximum Special Tax shall be increased by an amount equal to the percentage increase in the U.S. Department of Labor Statistics, Consumer Price Index, for Los Angeles-Riverside-Orange County, California, for the 12

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3 month period ending the preceding December 31, of the amount in effect for the previous Fiscal Year.

2. Developed Multi-Family Residential Property
a. Maximum Special Tax
The Maximum Special Tax for each Assessor’s Parcel classified as Developed MultiFamily Residential Property shall be $846.76 for Police Services and $511.34 for Fire/Paramedic Services multiplied by the number of separate dwelling units applicable to such Assessor’s Parcel.
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2015, the Maximum Special Tax shall be increased by an amount equal to the percentage increase in the U.S. Department of Labor Statistics, Consumer Price Index, for Los Angeles-Riverside-Orange County, California, for the 12 month period ending the preceding December 31, of the amount in effect for the previous Fiscal Year.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the City Council shall levy the Special Tax at the Maximum Special Tax on all Developed Single-Family Residential Property and Developed Multi-Family Residential Property.

E. EXEMPTIONS: EXCLUSIONS
No Special Tax shall be levied on Undeveloped Property, Commercial or Industrial Property or for Developed Property developed as part of a development with less than 4 units. In the event that a Developed Multi-Family Residential Property that has been excluded from a levy of the Special Tax by reason of the payment by the property owner of Transient Occupancy Tax, and should that payment be terminated, such Assessor Parcel shall not longer be excluded from Developed MultiFamily Residential Property and will be subject to the Special Tax.

F. APPEALS AND INTERPRETATIONS
Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the calculation of the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Board by filing a written notice of appeal with the Board Secretary, provided that the appellant is

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4 current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the CFD may directly bill the Special Tax, may collect Special Taxes at different time or in a different manner if necessary to meets its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. PREPAYMENT OF THE SPECIAL TAX
The Special Tax may not be prepaid.

I. TERM OF THE SPECIAL TAX
The Annual Maximum Special Tax shall be levied in perpetuity or unit Law Enforcement, Fire and Paramedic Services are no longer being provided by the City within the CFD, whichever is earlier.

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Item 31.

Coachella City CouncilSeptember 11, 2024

Coachella City Council
September 11, 2024