Agenda packet — Palm Springs City Council, March 27, 2025 (part 2 of 6)

EXHIBIT B

TRACT MAP OF THE PROPOSED ANNEXATION TERRITORY

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 4
LATITUDE 61, TRACT # 38776

Item 1F - Page 10

Item 1F - Page 11
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Item 1F - Page 12

IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 38776
GOVERNMENT LOT 154, BEING THEE 1/2 OF THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.8.M.

FOR LEASE AND CONDOMINIUM PURPOSES
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Item 1F - Page 13
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EXHIBIT C

LIST OF PARTICIPATING ASSESSOR’S PARCELS

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)

ANNEXATION NO. 4
LATITUDE 61, TRACT #38776

APN Acres Landowner
508-070-056 1.67 USA BIA
508-070-057 0.67 USA BIA
508-070-058 0.53 USA BIA
508-070-059 0.03 USA BIA
508-070-060 0.07 USA BIA
508-070-061 0.10 USA BIA
508-070-062 1.17 USA BIA

Item 1F - Page 15
1 2

EXHIBIT D

RATE AND METHOD OF APPORTIONMENT

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)

A Special Tax of Community Facilities District No. 2007-1 (Public Safety Services) of the City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2008-09 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services.

"Administrative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to a dminister the District as determined by the City.

"Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles -Riverside-Orange County, CA as reflected in the then -current April update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index.

Item 1F - Page 16
1 2

"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number.

"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number.

"Base Year" means Fiscal Year ending June 30, 2008.

"BIA" means the Bureau of Indian Affairs within the Department of the Interior and any tribe acting on behalf of the BIA

"City" means the City of Palm Springs.

"Council" means the City Council of the City of Palm Springs, acting as the legislative body of the District.

"County" means the County of Riverside, California.

"Developed Multi -Family Residence" means an Assessor's Parcel of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of more than one residential Dwelling Unit which share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.

"Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued prior to May 1 st preceding the Fiscal Year in which the Special Tax is being levied.

"Developed Single -Family Residence" means an Assessor's Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential Dwelling Unit.

"District Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

"District" means Community Facilities District No. 2007-1 (Public Safety Services) of the City of Palm Springs.

"Dwelling Unit" means any separate residential unit in which a person or persons may live, which includes provisions for sleeping, cooking and sanitation, and is not considered to be for commercial or industrial use.

"Fiscal Year" means the period starting July 1 and ending on the following June 30.

Item 1F - Page 17
1 2

"Government Land" means an area of land, or interest therein, in which the Surface Estate is owned by the United States of America and is administered by the BIA.

"Indian Land" means an area of land in which interest in the Surface Estate is owned by a tribe or individual Indian, including but not limited to Government Land or Tribal Land.

"Interest" means an ownership right to the Surface Estate of Indian Land that may be unlimited or uncertain in duration.

"Land Use Class" means any of the classes listed in Table 1.

"Lease" means a written agreement between the Government or Indian landowner(s) and the Lessee, whereby the Lessee is granted a right to possession of Government or Indian Land, for a specified purpose and duration.

"Leasehold Interest" means the Lessee's independent and exclusive right to possession of, or claim to, the property under the terms and conditions specified in the Lease or Sublease, For purposes of this definition, Leasehold Interest is also referred to as possessory interest within the County.

"Lessee" means a person or entity who has acquired a legal right of possession to Indian Land by a Lease or Permit as defined in Section A, for which said person or entity holds a possessory interest in the property. For purpose of this definition, the Lessee may also be referred to as the tenant.

"Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor's Parcel which is classified as either a Single -Family Residence or a Multi Family Residence as defined in Section A.

"Non-Residential Property" means an Assessors' Parcel for which a building permit(s) has been issued for a non-residential used and does not contain any residential Dwelling Units as defined in Section A.

"Permit" means a written agreement between the Indian Landowner(s) and the applicant for the permit, also referred to as a permittee, whereby the permittee is granted a revocable privilege to use Indian Land or Government Land, for a specified purpose.

"Property Owner Association Property" means any property within the boundaries of the District that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association.

"Proportionately" means in a manner such that the ratio of the actual Special Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels within classified as Developed Property.

Item 1F - Page 18

"Public Property" means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency.

"Public Safety Service Costs" means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulance, and paramedics, fire apparatus, supplies, (iii) the salaries and benefits oi City staff that directly provide police services and fire protection and suppression services and life safely services, respectively, and (iv) City overhead costs associated with providing such services within the District. The Special Tax provides only partial funding for police, fire and life safely services.

"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.

"Special Tax Requirement" means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year's Special Tax levy.

"State" means the State of California.

"Sublease" means written agreement by which the Lessee grants to an individual or entity a right to possession no greater than that held by the Lessee under the Lease.

"Surface Estate" means on ownership of the surface of a particular area of land by any person or persons who holds record title to the surface of the land, and which is identified by the ownership records of the County in which the real property is located.

"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax.

Tax-Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non-Residential Property, and (iv) property designated by the City or District Administrator as Tax-Exempt Property.

"Tribal Land" means the Surface Estate of land or any interest therein held by the United States of America in trust for a tribe, band, community, group or pueblo of Indians, and land that is held by a tribe, band, community, group or pueblo of Indians, subject to federal restrictions against alienation or encumbrance, and includes such land reserved for BIA administrative purposes when it is not immediately needed for such purposes.

Item 1F - Page 19

B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year using the definitions above, all property within the District shall be classified as either Developed Property or Tax -Exempt Property. Developed Property shall be further classified as Developed Single -Family Residence or Developed Multi Family Residence. Commencing with the Base Year and for eac h subsequent Fiscal Year, all Developed Property shall be subject to Special Taxes pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property

TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2007-1
(Public Safety Services)

Land Use Class Description Maximum
Special Tax
1 Developed Single-Family
Residence
$362.24 per Dwelling
Unit
2 Developed Multi-Family
Residence
$305.32 per Dwelling
Unit

On each July 1 following the Base Year (i.e., July 1, 2008), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax per Dwelling Unit is equal to $500 per Dwelling Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax per Dwelling Unit shall not exceed $500.

2. Tax-Exempt Property

No Special Tax shall be levied on Tax-Exempt Property.

3. Multiple Land Use Classes

In some instances, an Assessor's Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2008-09, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Item 1F - Page 20

Section A and levy the Special Tax upon each Dwelling Unit of the Leasehold Interest (also known as the "possessory interest") as follows, until the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year upon the Leasehold Interest of each Assessor's Parcel of Developed Property Proportionately between Developed Single -Family Residential Dwelling Units and Developed Multi-Family Residential Dwelling Units up to 100% of the applicable Maximum Special Tax.

E. APPEALS

Any tax payer that believes that the amount of the Special Tax assigned to an Assessor's Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer.

If the District Administrator verifies that the tax should be changed the Special Tax levy shall be corrected and, if applicable in any case, an adjustment shall be made.

F. EXEMPTIONS

1. Assessor Parcels classified as Developed Property

Developed Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax:

a. A Residential Property consisting of one or two person(s) collectively earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption, or
b. A Residential Property consisting of three persons collectively earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or
c. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services.

The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F.

G. MANNER OF COLLECTION

Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, many collect Special T axes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

Item 1F - Page 21

H. TERM OF SPECIAL TAX

Every Five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity.

Item 1F - Page 22

EXHIBIT E

NOTICE OF PUBLIC HEARING

Notice is hereby given that the City Council of the City of Palm Springs will conduct a public hearing on Wednesday, May 14, 2025, at 5:30 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, to consider the following:

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 4
LATITUDE 61, TRACT #38776

On March 27, 2025 , the City Council, as the legislative body for the District, adopted a resolution entitled " A Resolution Of The City Council Of The City Of Palm Springs, California, Declaring Its Intention To Annex Territory Into A Community Facilities District To Authorize The Levy Of Special Taxes " (the "ROI"). Pursuant to the ROI, the City Council determined that the public convenience and necessity require that certain territory, as more particularly described in the ROI, be annexed to the existing District, all as provided in the Mello -Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the "Act"). Reference is hereby made to the ROI, on file with the City Clerk of the City for further particulars. The following is a summary of the provisions of the ROI.

In the ROI, the City Council declared its intention to annex territory into Community Facilities District No. 2007-1 (Public Safety Services) (the "District"). The area proposed to be annexed to the District is as shown on Annexation Map No. 4, on file with the City Clerk, and identified in Exhibit A of the ROI. The District shall fund police services, fire protection and suppression services, and life safety services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the District and the territory proposed to be annexed to the District. The ROI provides that the special taxes heretofore caused to be levied in the District shall be levied in the territory proposed to be annexed, subject to public hearing and owner consent proceedings as specified in the Act.

At the public hearing the testimony of all interested persons for and against the annexation of said territory to the District or the levying of special taxes within the territory proposed to be annexed will be heard. Any person interested may file a protest in writing with the City Clerk.

Isl Brenda Pree
City Clerk
City of Palm Springs
Item 1F - Page 23

CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE A RESOLUTION OF INTENTION AND PROPOSED

BOUNDARY MAPS TO ANNEX TERRITORY TO COMMUNITY
FACILITIES DISTRICT NO. 2005 -1 (PUBLIC SAFETY SERVICES) , ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

The
City Coun cil previously estab lished Comm unity Fa cilities Dis trict 2005-1 (Pub lic Safety Services, CFD 20 05-1) in October 20 05 to levy a s pecial tax on properties identified as “fee statu s” (non-Indian A llottee Leased or n on-Tribal Trust p roperties) located within the City, to provide a financing mechanism to sustain the delivery of public safety services to new residential developments located on those properties. This action declares the City Council’s intention to annex additional property identified as Annexation No. 27 for Tract Map No. 38846; the action also schedules a Public Hearing for May 14, 2025, to officially annex the additional property into CFD 2005-1.

RECOMMENDATION:

1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO

ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT TO

AUTHORIZE THE LEVY OF SPECIAL TAXES FOR THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005 -1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846.”

2) Set the public hearing for 5:30 p.m. on May 14, 2025, for public comment and for the filing of written protest by any property owner regarding the annexation of territory to CFD 2005-1, the levy of a special tax for public safety services, and a special landowner election.

Item 1G - Page 1
City Council Staff Report
March 27, 2025 -- Page 2
CFD No. 2005-1 (Annexation No. 27 – Siena)

STAFF ANALYSIS:

The Ci ty Council created Community Facilities District 2005-1 (Public Safety Services) (CFD 2005-1) to allow the City to levy a special tax on certain properties identified as “fee status” (non-Indian Allottee Leased or T ribal Trust properties) located within the City to provide a fi nancing mechanism to susta in the de livery of public safety services to n ew residential developments located on t hose properties. This type of financing pr ogram, which is authorized under the Mello-Roos Community Fac ilities A ct of 1982, envisioned the participation of all future new residential development projects on “fee status” lands, either by formation of new districts or as an annexation into CFD 2005-1.

As
new residential developments on fee status l ands have been approved by the City, they are conditionally approved with a requirement to annex into CFD 2005-1. CFD 2005- 1 was specifica lly es tablished separately from the City’s ot her district, Comm unity Facilities District 2007-1 (Public Safety Services, CFD 2007-1), for developments located on Indian Allottee Leased or Tribal Trust lands that cannot be annexed into the existing CFD 2005-1 due to their unique ownership status.

At this time, one residential de
velopment approved on fee status land is recommended
for annexation into CFD 2005-1:

 Annexation No. 27 – Tract Map No. 38846, a residential development consisting of 60 multi-family condominiums, located on North Palm Canyon Dr, north of West Vista Chino.

In orde
r to com mence the annexation process, the City Council is r equired to a dopt a Resolution of Intention (ROI). The Resolution sets forth terms and conditions for annexing property i nto CFD 2005-1 and inclu des the ra te and method o f apportionment of the special tax to be levied. The Resolution also schedules a Public Hearing on the proposed annexation, which by statute must be held between 30 to 60 days following the adoption of the Resolution. In accordance with this requirement, staff recommends tha t the Public Hearing be scheduled for May 14, 2025. Pursuant to the Mello-Roos Community Facilities Act of 1982, there are less than 12 r egistered voters on the property to be annexed into CFD 2005-1; therefore, the special election will be a landowner vo te within t he annexation.

P
roperty owners within the territory to be annexed into the District have executed and submitted a petition with waivers to the City, waiving certain timing and noticing requirements under the Election Code. This will enable the City to expedite the annexation process by holding the special election immediately after the public hearing on May 14, 2025.

The special tax currently being assessed on properties within CFD 2005-1 is based upon a Fiscal Impact Analysis that was prepared by MuniFinancial. Based on this analysis, the Fiscal Year 2 024/25 special tax for a multi- family residence is $ 486.58 per year. Other Item 1G - Page 2
City Council Staff Report
March 27, 2025 -- Page 3
CFD No. 2005-1 (Annexation No. 27 – Siena)

rates are detailed in the Rate and Method of Apportionment, included as Exhibit D of the referenced resolution. The special tax is collected as part of the Riverside County annual property tax bill.

ENVIRONMENTAL ASSESSMENT:

The req ue
sted City C ouncil act ion is no t a “Project” as defined by the Ca lifornia Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a r easonably fores eeable i ndirect physical change in t he environment. The requested action is to authorize annexation of certain properties into CFD 2005-1, and is exempt from CEQA pursuant to Section 15378(b), in that a “Projec t” does not include: (5) Or ganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

CFD 2005-1 funds are exclusively allocated for public safety services. In fiscal year 2024- 25, CFD 2005- 1 included 2,851 taxable parcels, generating a total levy of $1,267,101.

Upon annexation of the Siena development into CFD 2005-1 and the issuance of building permits for the new units, the special tax will generate an additional $29,194 annually based on the proposed 60 multi -family units, based on Fiscal Year 2024- 25 multi-family home special tax rates.

REVIEWED BY:

City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution
Item 1G - Page 3

ATTACHMENT A
Item 1G - Page 4
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DECLARING ITS

INTENTION

TO ANNEX TERRITORY INTO A COMMUNITY

FACILITIES DISTRICT TO AUTHORIZE THE LEVY

OF SPECIAL TAXES FOR THE CITY OF PALM

SPRINGS COMMUNITY FACILITIES DISTRICT
NO.
2005-1 (PUBLIC SAFETY SERVICES)
ANNEXATION NO. 27 SIENA, TRACT # 38846
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the "Act"), the City Council of the City of Palm Springs (the "City") previously conducted proceedings to establish the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (the "District"), and

WHEREAS
, under the Act, this City Council is the legislative body for the proposed annexation of territory to the District and is empowered with the authority to annex territory to the District
and levy special taxes within the annexation territory; and

WHEREAS
, the City Council has received petitions from all landowners (100%) within the proposed annexation territory, r equesting the City to initiate annexation proceedings into the District; and

WHEREAS
, this City Council now desires to commence proceedings to consider
the annexation of territory to the District.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:

SECTION 1. This City Council proposes to begin the proceedings necessary to annex territory to the Distr
ict pursuant to the Act.

SECTION 2. The name of the existing District is City of Palm Springs, Community Facilities District No. 2005-1 (Public Safety Services).

SECTION 3.

A general description of the te rritory included in the existing District is shown on the boundary map recorded in t he office of the County Recorder for the County of Riverside on Novem ber 1, 2005, in Book 64, pages 71-77 of Maps of Assessments and Community
Facilities Districts, to which map reference is hereby made.

SECTION 4. The territory now proposed to be annexed to the District is shown on Annexation Map No. 27 of the District on f ile with the City Clerk, a copy of which is attached hereto as Exhib
it A, which Exhibit is, by this reference, inco rporated herein. The boundaries of which territory are hereby preliminarily approved and to which map Item 1G - Page 5

reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said Annexat ion Map No. 27 of the District in the office of the County Recorder of t he County of Riverside within fifteen days of the date of adoption of this Resolution. The Tract Map(s) for the territory proposed to be annexed is attached as Exhibit B. The list of partici pating assessor’s parcels to be annexed is attached as Exhibit C.

SECTION 5. The types of services to be funded by the District and pursuant to the Act consist of those services (the "Services") described in Resolution No. 21402 entitled "A Resolution of the City Counc il of the City of Palm Springs , California, Declaring its Intention to Establish Community Facilities District No. 2005-1 (Public Safety Services) to Authorize the Levy of Specia l Tax Therein to Finance Cert ain Services" adopted by the City Council on September 7, 2005 (the "ROI" ), which ROI is, by this reference, incorporated herein. It is pres ently intended that the Services will relate to the existing territory in the District and the territory proposed to be annexed to the District.

SECTION 6. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax suffici ent to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real proper ty in the District (including the property being annexed thereto) , will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this City Council shall determine, including direct billing of the affected property owners. The rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate th e maximum amount such owner will have to pay, is attached in Exhibit D.

SECTION 7. The special tax proposed to be levied for Services to be supplied within the proposed territory to be annexed will be equal to the special taxes levied to pay for the same Services in the District, except that a higher or lower special tax may be levied within the proposed territory to be annexed to the extent that the actual cost of providing the Services in that territory is higher or lower t han the cost of providing those Services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher then the maximum special tax aut horized to be levied pursuant to the rate and method of apportionment of the special tax.

SECTION 8. Notice is given that on Wednesday, May 14, 2025, at 5:30 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this City Council in the Council Chambers, at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the annexation of te rritory to the District and c onsider and finally determine whether the public interest, convenience, and necessity require said annexation of territory to the District and the levy of said special tax therein.

Item 1G - Page 6

SECTION 9. The City Clerk is hereby di rected to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit E hereto.

SECTION 10. This Resolution shall take effect upon its adoption.

ADOPTED this 27th day of March 2025.

Scott Stiles, City Manager

ATTEST:

Brenda Pree, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS)

I, BRENDA PREE, City Clerk of the City of Pa lm Springs, hereby certify that Resolution No. is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 27, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California
Item 1G - Page 7

EXHIBIT A

PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 27
SIENA, TRACT # 38846
Item 1G - Page 8

Item 1G - Page 9
,_ ___________ ~ _______ W_Vista Chino
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CLERK 'S MAP FILING STATEMENT

FILED IN THE OFFICE OF THE CITY CLERK OF THE
CITY OF PALM SPRINGS THIS DAY OF 2025.

CLERK OF THE BOARD

CLERK 'S MAP CERT IFICATE

I DO H EREBY CERT IFY THAT THE WITH IN MAP SHOWING

TERRITORY PROPOSED TO BE ANNEXED INTO
COMM UNITY FACILITIE S DISTRICT NO. 2005- 1
(PUBLIC SAFETY SERVICES ),

CITY OF PALM SPRINGS , COUNTY OF RIVERSIDE ,

STATE OF CALIFORN IA,

WAS APPROV ED BY THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS

AT A MEET ING THEREOF, HELD ON
THE DAY OF _____ , 2025,
BY ITS RESOLUTION NO. ___ _

CLERK OF THE BOARD

RECORDER'S CERTIFICATE
FILED THIS DAY OF~--~ • 2025 AT THE
HOUR OF ~~~~ O'CLOCK IN BOOK
OF MAPS OF ASSESSMENT AND COMMUN ITY FA- C~I_LI_T-IE~S
DISTRICTS AT PAGE ___ IN THE OFFICE OF THE COUNTY

RECORDER IN THE COUNTY OF RIVERSIDE ,

STATE OF CALIFO RNIA

COUNTY RECORDER , COUNTY OF RIVERS IDE
NOTE:

REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP
ENTITLED "CITY OF PALM SPRINGS COMMUN ITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SE RVICES)," RECORDED

WITH THE RIVERSIDE COUNTY RECORDER 'S O FFICE ON
NOVEMB ER 1, 2005 AS DOC UMENT NO. 2005-0804134, IN BOOK 64, PAGES 71-77, OF MAPS OF ASSESSMENT AND COMMUN ITY
FACILITIES DISTR ICTS.

REFERE NCE IS HEREBY MADE TO THE MAPS AND DEEDS OF

RECORD IN THE OFFICE OF THE ASS ESSOR OF THE COU NTY

OF RIVERS IDE FOR A DETAILED DESCRIPTION OF THE LINES
"C ~ ,._ AND DIMENSIONS OF ANY PARCELS SHOWN HERE IN. THOSE 0:: O MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE
L ~J
~ ctJ c: I LINES AND DIMENSIONS OF SUCH PARCELS. EACH PARC EL IS ~ w Via Sol ~ g_ I IDENTIFIED IN SAID MAPS BY ITS DISTINCT IVE ASS ESSOR'S w Via Sol C: PARCELNUMBER(APN ).

I--'-'--'-'-"'---------------------------'"-'----------------'------'----' Legend
Proposed Boundaries of CFD No. 2005-01 Annexation No. 27 D City of Palm Springs Parcels
SCIConsultingGroup
Pu b lic Fi na nce Co n sul t i n g Ser v ices
Assessor's Parcel Numbe rs:
504-310-027
ANNEXATION MAP NO. 27 OF
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES) OF THE COUNTY OF

RIVERSIDE , STATE OF CALIFORNIA

Page 1 of 1 ends

EXHIBIT B

TRACT MAP OF THE PROPOSED ANNEXATION TERRITORY

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 27 SIENA, TRACT # 38846
Item 1G - Page 10

Item 1G - Page 11
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IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE , STATE OF CALI FORNIA TENTATIVE PARCEL MAP 38846
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EXHIBIT C

LIST OF PARTICIPATING ASSESSOR’S PARCELS

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 27 SIENA, TRACT # 38846
APN ACRES LANDOWNER
504‐310‐027 4.37 PALM CANYON MONAGHAN
Item 1G - Page 12

EXHIBIT D

RATE AND METHOD OF APPORTIONMENT

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)

A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:
“Acre of Acreage” means the land area of an Assesso r’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivi sion map, other final map, other parcel map, other condominium plan, or functionally equivalent map or inst rument recorded in the Office of the County Recorder. The squar e footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.
“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of t he Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services.

“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the sa laries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting inst allments of the Special Ta xes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.

“Annual Escalation Factor” means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase of salaries and benefits for public safety employees as stated in the Memorandum of Understanding for the fiscal year of the Special Tax. The annual CPI used shall be for the area of Los Angeles-Riverside- Orange County, CA as reflected in the then-current April Item 1G - Page 13

update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research (www.dir.ca. gov/dlsr). If the fo regoing index is not available, the District Administrator shall select a reasonably comparable index.

“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.

“Base Year” means Fiscal Year ending June 30, 2007.

“BIA” means the Bureau of Indian A ffairs within the Department of the Interior and any tribe acting on behalf of the BIA.

“City” means the City of Palm Springs.
“Council” means the City Council of t he City of Palm Springs, acting as the legislative body of the District.
“County” means the County of Riverside, California.
“Developed Multi-Family Residence” means an Assessor’s Parcel of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of more t han one residential Dwelling Unit which share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.
“Developed Property” means all Taxable Property, e xclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006, and prior to May 1 st preceding the Fiscal Year in which the Special Tax is being levied.
“Developed Single-Family Residence” means an Assessor’s Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential Dwelling Unit.

“District Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.

“District” means Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs.

Item 1G - Page 14

“Dwelling Unit” means any separate residential unit in which a person or persons may live, which includes provisions for sleeping, cooking and sanitation, and is not considered to be for commercial or industrial use.

“Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the Special Tax is bei ng levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, e xcluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.

“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condomin ium plan, or functionally equi valent map that has been recorded in the Office of the County Recorder.

“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Land Use Class” means any of the classes listed in Table 1. “Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.
“Maximum Special Tax” means the maximum Special Ta x, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel.
“Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential used and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence. “Property Owner Association Property” means any property within the boundaries of the District that is owned by, or irrevocabl y dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association.

“Proportionately” means in a manner such that the ration of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class.

“Public Property” means any property within the boundaries of the District that is, at the time of the District formation or at the time of an annexation, expected to be used for rights- of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, t he City or any other public agency.

Item 1G - Page 15

“Public Safety Service Costs” means the estimated and reasonable costs of providing police services and fire protection and suppre ssion services and life safety services, including but not limited to (i) the costs of contracting servic es, (ii) equipment, vehicles, ambulances, and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each Ju ly 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services.

“Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special Taxes levied or to be levied under Sections C and D, below.

“Special Tax Requirement” means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Servic e Costs; (ii) pay reas onable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previ ous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy. “State” means the State of California.

“Taxable Property” means all of the Assessor’s Parc els within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.
“Tax-Exempt Property” means an Assessor’s Parcel not subject to the Special Tax.

Tax- Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non- Residential Property, and (iv) property designated by the City or District Administrator as Tax- Exempt Property.

“Undeveloped Property” means, for each Fiscal year, all Assessor’s Parcels of Taxable Property not classified as Developed Property or Entitled Property, including an Assessor’s Parcel that is designated as a remainder parcel and is not identified as potential Public Property by any final documents and/or maps available to the District Administrator.

“Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capabl e of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions abov e, all property within the District shall be classified as either Developed Property or Tax-Exempt Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi- Item 1G - Page 16

Family Residence. Commenci ng with the Base Year and for each subsequent Fiscal Year, all Developed Property shall be subject to Special Taxes pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)

Land
Use
Class
Description Maximum
Special Tax
1 Developed Single-Family Residence
$350 per Dwelling
Unit
2 Developed Multi-Family Residence
$295 per Dwelling
Unit

On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maximum Special Tax per Dwelling Unit is equal to $500 per Dwelling Unit, no further Annual Escalation Factor shall be applied and the Maximum Special Tax per Dwelling Unit shall not exceed $500.

2. Entitled Property

Table 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)

Land Use Class

Description

Maximum Special Tax
Per Lot
3 Entitled Property $100 per Lot

No Annual Escalation Factor shall be applied to the Maximum Special Tax per Lot for Entitled Property.

Item 1G - Page 17

3. Undeveloped Property

Undeveloped Property will be assigned a Maximum Special Tax Rate of $500 per Acre or portion thereof, with a mi nimum rate of $100 for Undeveloped Property less than or equal to one-fourth (1/4) of an Acre as described in Table 3.

Table 3
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1
(Public Safety Services)

Land Use Class

Description Maximum Special Tax
Per Parcel/Acre

4 Undeveloped Property less
than or equal to ¼ Acre
$100 per
Assessor’s Parcel

5 Undeveloped Property > ¼
Acre

$500 per Acre

No Annual Escalation Factor shall be applied to the Maximum Special Tax per Parcel/Acre for Undeveloped Property.

4. Tax-Exempt Property
No Special Tax shall be levied on Tax-Exempt Property.

5. Multiple Land Use Classes

In some instances an Assessor’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONME NT OF THE SPECIAL TAX

Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Ta x 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 Requirem ent. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single-Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on Item 1G - Page 18

each Assessor’s Parcel of Entitled Property up to 100% of t he applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax s hall be levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property.

E. APPEALS

Any tax payer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to ha ve occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer.

If the District Administrator verifies that the tax should be changed the Special Tax Levy shall be corrected and, if applicable in any case, a refund shall be granted.

F. EXEMPTIONS

1. Residential Property
Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or
c. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electric al or gas services or the Lifeline exemption for telephone services.

The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F.

G. MANNER OF COLLECTION

Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the S pecial Tax, many collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

Item 1G - Page 19

H. TERM OF SPECIAL TAX

Every Five years after the establishment of the District, the City Council may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fi scal Impact Analysis, otherwis e the Special Tax shall be levied in perpetuity.

Item 1G - Page 20

EXHIBIT E

NOTICE OF PUBLIC HEARING

:Notice is hereby given that the City Council of t he City of Palm Springs will conduct a public hearing on Wednesday, May 14, 2025, at 5: 30 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 3200 East Tahquitz Canyon Way, Palm Springs, California , 92262, to consider the following:

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 27
SIENA, TRACT # 38846

On March 27, 2025, the City Co uncil, as the legislative body for the District, adopted a resolution entitled "A Resolution Of The City Council Of The City Of Palm Springs, California, Declaring Its Intention To Annex Te rritory Into A Community Facilities District To Authorize The Levy Of Special Taxes" (t he "ROI"). Pursuant to the ROI, the City Council determined that the public convenienc e and necessity require that certain territory, as more particularly described in the ROI, be annexed to the existing District, all as provided in the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the "Act"). Reference is hereby made to the ROI, on file with the City Clerk of the City for further par ticulars. The following is a summary of the provisions of the ROI.

In the ROI, the City Council declared its intention to annex territory into Community Facilities District No. 2005-1 (Public Safety Services) (the "District"). The area proposed to be annexed to the District is as shown on Annexation Map No. 27, on file with the City Clerk, and identified in Exhibit A of the ROI. The District shall fund police services, fire protection and suppression services, and life safety services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the District and the territory proposed to be annex ed to the District. The ROI provides that the special taxes heretofore caused to be le vied in the District shall be levied in the territory proposed to be annexed, subject to public hearing and owner consent proceedings as specified in the Act.

Isl Brenda Pree
City Clerk
City of Palm Springs
Item 1G - Page 21

CITY COUNCIL STAFF REPORT

DATE: M ARCH 27, 2025 CONSENT CALENDAR

SUBJECT: APPROVE RESOLUTION OF INTENTION AND PROPOSED BOUNDARY

MAPS TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005- 1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 28 , SERENA PARK, TRACT MAP NUMBERS 39025, 36691- 1, 36691- 2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691

FROM: Scott C. Stiles, City Manager

BY: Engineering Services Department

SUMMARY:

The
City Coun cil previously estab lished Comm unity Fa cilities Dis trict 2005-1 (Pub lic Safety Services, “CFD 20 05-1”) in October 20 05, to levy a s pecial tax on properti es identified as “fee statu s” (non-Indian A llottee Leased or n on-Tribal Trust p roperties) located within the City, to provide a financing mechanism to sustain the delivery of public safety services to new residential developments located on those properties. This action declares the City Council’s intention to annex additional property identified as Annexation No. 28 ( for Tract Map N umbers 39025, 36691-1, 36691-2,36691-3, 36691-4, 36691-5, 36691-6, and 36691); the action al so schedules a Public Hearing for Wednesday, May 14, 2025, to officially annex the additional property into CFD 2005-1.

RECOMMENDATION:

1) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO

ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT TO

AUTHORIZE THE LEVY OF SPECIAL TAXES FOR THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1, (PUBLIC SAFETY SERVICES), ANNEXATION NO. 2 8, TRACT MAP NUMBERS 39025, 36691- 1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691.”

Item 1H - Page 1
City Council Staff Report
March 27, 2025 -- Page 2
CFD No. 2005-1 (Annexation No. 28 – Serena Park)

STAFF ANALYSIS:

The Ci ty Council created CFD 2005-1 to allow the City to levy a s pecial tax on certain properties identified as “fee status” (non-Indian Allottee Leased or Tribal Trust properties) located within the City to provide a financing mechanism to sustain the delivery of public safety services to new residential developments located on those properties. This type of financing program, which is authorized under the Mello-Roos Community Facilities A ct of 1982, envisioned the participation of all futur e ne w residential development projects on “fee status” lands, either by formation of new districts or as an annexation into CFD 2005-1.

At this time, one residential de
velopment approved on fee status land is recommended
for annexation into CFD 2005-1:

 Annexation No. 28 – Serena Park - Tract No. 39025, Tract No. 36691-1 (51 units), Tract No. 36691-2 (29 units), Tract No. 36691-3 (81 units) Tract No. 36691-4 (82 units), Tract No. 36691-5 (31 units), Tract No. 36691-6 (20 units) and Tract No. 36691 (92 units) Approximately 126 acres.

In orde
r to com mence the annexation process, the City Council is r equired to a dopt a Resolution of Intention (ROI). The Resolution sets forth terms and conditions for annexing property i nto CFD 2005-1 and inclu des the ra te and method o f apportionment of the special tax to be levied. The Resolution also schedules a Public Hearing on the proposed annexation, which by statute must be held between 30 to 60 days following the adoption of the Resolution. In accordance with this requirement, staff recommends that the Public Hearing be s c heduled for May 14, 2025. Pursuant to the Mello-Roos Community Facilities Act of 1982, there are less than 12 r egistered voters on the property to be annexed into CFD 2005-1; therefore, the special election will be a landowner vo te within t he annexation.

The special tax currently being assessed on properties within CFD 2005-1 is based upon a Fiscal Impact Analysis that was prepared by MuniFinancial. Based on this analysis, the Item 1H - Page 2
City Council Staff Report
March 27, 2025 -- Page 3
CFD No. 2005-1 (Annexation No. 28 – Serena Park)

Fiscal Year 2 024/25 s pecial tax for a multi- family resi dence is $486.58 per year and $500.00 for a single-family residence. Other rates are detailed in the Rate and Method of Apportionment, included as Exhibit D of the referenced resolution. T he special tax i s collected as part of the Riverside County annual property tax bill.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to authorize annexation of certain properties into CFD 2005-1, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

CFD 2005- 1 funds are exclusively allocated for public safety services. In Fiscal Year 2024-25, 2,851 taxable parcels within the district were levied a total of $1,267,101 in special tax revenue. Upon annexation of Serena Park into CFD 2005-1 and the issuance of building permits for the new units, the special tax will generate an additional $193,000 annually based on the proposed 386 units, based on Fiscal Year 2024- 25 single-family home special tax rates.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Resolution

Item 1H - Page 3

ATTACHMENT A
Item 1H - Page 4
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DECLARING ITS

INTENTION TO ANNEX TERRITORY INTO A COMMUNITY

FACILITIES DISTRICT TO AUTHORIZE THE LEVY OF

SPECIAL TAXES FOR THE CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES) ANNEXATION NO. 28 SERENA PARK,
TRACT #’s 39025, 36691-1, 36691- 2, 36691-3, 36691-4, 36691-5, 36691-6, 36691
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the "Act"), the City Council of the City of Palm Springs (the "City") previously conducted proceedings to establish the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (the "District"), and
WHEREAS, under the Act, this City Council is the legislative body for the proposed annexation of territory to the District and is empowered with the authority to annex territory to the District and levy special taxes within the annexation territory; a nd WHEREAS, the City Council has received petitions from all landowners (100%) within the proposed annexation territory, requesting the City to initiate annexation proceedings into the District; and
WHEREAS, this City Council now desires to commence proceedings to consider the annexation of territory to the District.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:

SECTION 1. Thi s City Council proposes to begin the proceedings nece ssary to annex territory to the District pursuant to the Act.

SECTION 2. The name of the existing District is City of Palm Springs, Commun ity Facilities District No. 2005-1 (Public Safety Services).

SECTION 3. A general description of the territory included in the existing District is shown on the boundary map recorded in the office of the County Recorder for the County of Riverside on November 1, 2005, in Book 64, pages 71- 77 of Maps of Assessments and Community Facilities Districts, to which map reference is hereby made.

SECTION 4. The territory now proposed to be annexed to the District is shown on Annexation Map No. 28 of the District on file with the City Clerk, a copy of which is attached hereto as Exhibit A, which Exhibit is, by this reference, incorporated herein. The Item 1H - Page 5

boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said Annexation Map No. 28 of the District in the office of the County Recorder of the County of Riverside within fifteen days of the date of adoption of this Resolution. The Tract Map(s) for the territory proposed to be annexed is attached as Exhibit B. The list of participating assessor’s parcels to be annexed is attached as Exhibit C.

SECTION 5. The types of services to be funded by the District and pursuant to the Act consist of those services (the "Services") described in Resolution No. 21402 entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring its Intention to Establish Community Facilities District No. 2005-1 (Public Safety Services) to Authorize the Levy of Special Tax Therein to Finance Certain Services" adopted by the City Council on September 7, 200 5 (the " ROI"), which ROI is, by this reference, incorporated herein. It is presently intended that the Services will relate to the existing territory in the District and the territory proposed to be annexed to the District.

SECTION 6. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non -exempt real property in the District (including the property being annexed thereto), will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this City Council shall determine, including direct billing of the affected property owners. The rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the maximum amount such owner will have to pay, is attached in Exhibit D.

SECTION 7. The special tax proposed to be levied for Services to be supplied within the proposed territory to be annexed will be equal to the special taxes levied to pay for the same Services in the District, except that a higher or lower special tax may be levied within the proposed territory to be annexed to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the rate and method of apportionment of the special tax.

SECTION 8. Notice is given that on Wednesday, May 14, 2025, at 5:30 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this City Council in the Council Chambers, at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the annexation of territory to the District and consider and final ly determine whether the public interest, convenience, and necessity require said annexation of territory to the District and the levy of said special tax therein.

Item 1H - Page 6

SECTION 9. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit E hereto.

SECTION 10. This Resolution shall take effect upon its adoption.

ADOPTED this 27th day of March 2025.

Scott Stiles, City Manager

ATTEST:

Brenda Pree, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS)

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ______ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 27, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California
Item 1H - Page 7

EXHIBIT A

PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 28

SERENA PARK, TRACTS
39025, 36691-1, 36691-2, 36691-3,
36691-4, 36691-5, 36691-6, 36691

Item 1H - Page 8

Item 1H - Page 9
ltingGroup SCIConsu . Services
Consulting Pu b lic Finance
501-190-0 14
I Numbers : 's Paree
Assess~69-590-066
669-480-027
501-190-014
501-190-011

G STATEMENT
CLERK'S MAP FILIN HE CITY CLERK OF THE 2025.

OFFICE OFT DAY OF -FILED IN THE SPRINGS THIS CITY OF PALM

CLERK OF THE BOARD

CLERK'S MAP CERTIFICATE E WITHIN MAP SHOWING

RTIFY THAT TH NEXED INTO
I DO HER~~~~~POSED TOS~~I~~ NO. 2005- 1 TERRITO AGILITIES DI COMMUNITY F y SERVICES), OF RIVERSIDE, (PUBLIC SAE~TSPRINGS, COUNTY E CITY OF p~ALIFORNIA, TY COUNCIL OF TH STATE OF OVED BY THE Cl

WAS APPR PRINGS N
CITY OF PA~~ ~HEREOF, HELD O , 2025, AT A MEETI DAY OF
THE -ESOLU TION NO. BY ITS R

CLERK OF THE BOARD
RECORDER'S CERTIFICATE ' 2025 AT THE
DAY OF IN BOOK TIES FILED THIS - O 'CLOCK COMMUNITY FACl~IE HO~~~; OF ASSESSMENT ANI~ THE OF:~0Eo:siDE ,
grsTRICTS AT p:i:R IN THE COUNTY 0

COUNTY RECO FORNIA

STATE OF CALI OF RIVERSIDE

R COUNTY RECORDE ,

COUNTY MAP
THAT CERTAIN C ILITIES NOTE: HEREBY MADE TO S COMMUNITY F~ REFEREE~~~l~Y OF PALMB~~R~~~ETY SERV~~~]R DER'S ENTITL 2005-1 (PU E COUNTY DISTRICTE~OWITH THE RIV~~i~~S DOCUME~TA~~ OF
RECO~DON NOVEMBER ~ PAGES 71 -77, 0; DISTRICTS. OFFIC 134 IN BOOK 6 , NITY FACILITIE 2005-0804 NT AND COMMU ND DEEDS OF

ASSESSME O THE MAPS A E COUNTY

HEREBY MADE T SSESSOR OF TH HE LINES
REFER~Nl~ET~E OFFICE o,:iL~~E ;ESCR IPTli~~;EiN . THOSE ~~~~:1~~~~1~~~'6~ ~~OTY ::~(~~~A~~s06'L~N~!~~ l~1°R6~~ AND D GOVERN F CH PARCE · MAPS SHAL~IMENSIONS OF SB~ ITS DISTINCTIVE
LIN~~t~~ IED IN SAID ~~~~E R {APN). IS I SOR'S PARCEL ASSES MAP NO. 28 OF 2005-1
ANNE~iL~~ES DISTRI~~ Nc°ouNTY OF
coMMUN~JT~ SERVICES) 0{AIIFORNIA (PUBLIC SA RSIDE STATE OF RIVE '

Page 1 of 1 ends

EXHIBIT B

TRACT MAPS OF THE PROPOSED ANNEXATION TERRITORY

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 28

SERENA PARK, TRACTS
39025, 36691-1, 36691-2, 36691-3,
36691-4, 36691-5, 36691-6, 36691

Item 1H - Page 10

Item 1H - Page 11
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Item 1H - Page 12

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THIS SU8Dl\.1SION

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AREA - 24.94 OC.

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TENTATIVE TRACT MAP NO. 39025

IN THE CITY OF PALM SPRINGS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

EXHIBIT C

LIST OF PARTICIPATING ASSESSOR’S PARCELS

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)

ANNEXATION NO. 28 SERENA PARK,
TRACT #’s 39025, 36691-1, 36691-2, 36691-3,
36691-4, 36691-5, 36691-6, 36691

APN ACRES LANDOWNER
501-190-011 84.61 SERENA 386
501-190-014 35.65 SERENA 386
669-480-027 33.72 SERENA 386
669-590-066 0.26 SERENA 386

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EXHIBIT D

RATE AND METHOD OF APPORTIONMENT

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)

A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs (the “District”) shall be levied on all Assessor’s Parcels in the District and collected each Fiscal Year commencing in Fiscal Year 2006 -07 in an amount determined by the City through the application of the rate and method of apportionment of the Special Tax set forth below. All of the real property in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Acre of Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel map, other condominiu m plan, or functionally equivalent map or instrument recorded in the Office of the County Recorder. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.

“Act” means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California, as amended, which authorizes the establishment of the District to finance: a) police protection services, and b) fire protection and suppression services, and life safety services including but not limited to ambulance and paramedic services.

“Administrative Expenses” means the actual or estimated costs incurred by the City as administrator of the District to determine, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties are directly related to administration of the District and the fees of consultants, legal counsel, the costs of collecting installments of the Special Taxes upon the general tax rolls, preparation of required reports; and any other costs required to administer the District as determined by the City.

update. The annual CPI used shall be as determined by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Labor Statistics and Research ( www.dir.ca.gov/dlsr). If the foregoing index is not available, the District Administrator shall select a reasonably comparable index.

“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.

“Base Year” means Fiscal Year ending June 30, 2007.

“BIA” means the Bureau of Indian Affairs within the Department of the Interior and any tribe acting on behalf of the BIA.

“City” means the City of Palm Springs.

“Council” means the City Council of the City of Palm Springs, acting as the legislative body of the District.

“County” means the County of Riverside, California.

“Developed Multi-Family Residence” means an Assessor’s Parcel of Developed Property for which a building permit has been issued for purposes of constructing a residential structure consisting of more than one residential Dwelling Unit which share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.

“Developed Property” means all Taxable Property, exclusive of Property Owner Association Property, Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in which the Special Tax is being levied.

“Developed Single-Family Residence” means an Assessor’s Parcel of Developed Property for which a building permit(s) has been issued for purposes of constructing one single-family residential Dwelling Unit.

“District” means Community Facilities District No. 2005-1 (Public Safety Services) of the City of Palm Springs.

“Dwelling Unit” means any separate residential unit in which a person or persons may Item 1H - Page 15

live, which includes provisions for sleeping, cooking and sanitation, and is not considered to be for commercial or industrial use.

“Entitled Property” means an Assessor’s Parcel and/or Lot in the District, which has a Final Map recorded prior to January 1 st preceding the Fiscal Year in which the Special Tax is being levied, but for which no building permit has been issued prior to the May 1st preceding the Fiscal Year in which the Special Tax is being levied. The term “Entitled Property” shall apply only to Assessors’ Parcels and/or Lots, which have been subdivided for the purpose of residential development, excluding any Assessor’s Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator.

“Final Map” means an Assessor’s Parcel Map, a final subdivision map, other parcel map, other final map, other condominium plan, or functionally equivalent map that has been recorded in the Office of the County Recorder.

“Fiscal Year” means the period starting July 1 and ending on the following June 30.

“Land Use Class” means any of the classes listed in Table 1.

“Lot” means property within a recorded Final Map identified by a lot number for which a building permit has been issued or may be issued.

“Maximum Special Tax” means the maximum Special Tax, determined in accordance with Section C below that can be levied in the District in any Fiscal Year on any Assessor’s Parcel.

“Non-Residential Property” means all Assessors’ Parcels for which a building permit(s) has been issued for a non-residential used and does not contain any residential units as defined under Developed Single Family Residence or Developed Multi-Family Residence.

“Property Owner Association Property” means any property within the boundaries of the District that is owned by or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association.

“Proportionately” means in a manner such that the ration of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class.

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“Public Safety Service Costs” means the estimated and reasonable costs of providing police services and fire protection and suppression services and life safety services, including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles, ambulances, and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City staff that directly provide police services and fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year the increases attributed to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire and life safety services.

“Special Tax Requirement” means that amount required in any Fiscal Year for the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from the previous Fiscal Year’s Special Tax levy.

“State” means the State of California.

“Taxable Property” means all of the Assessor’s Parcels within the boundaries of the District and any future annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein.

“Tax-Exempt Property” means an Assessor’s Parcel not subject to the Special Tax.

Tax- Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property, (iii) Non- Residential Property, and (iv) property designated by the City or District Administrator as Tax- Exempt Property.

“Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

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B. ASSIGNMENT TO LAND USE CATEGORIES

Each Fiscal Year using the definitions above, all property within the District shall be classified as either Developed Property or Tax -Exempt Property. Developed Property shall be further classified as Developed Single -Family Residence or Developed Multi - Family Residence. Commencing with the Base Year and for each subsequent Fiscal Year, all Developed Property shall be subject to Special Taxes pursuant to Sections C and D below.

C. MAXIMUM SPECIAL TAX RATE

1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)

Land Use
Class Description
Maximum
Special Tax
1 Developed Single-Family
Residence $350 per Dwelling Unit
2 Developed Multi-Family
Residence $295 per Dwelling Unit

2. Entitled Property
Table 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)

Land Use Class

Description

Maximum Special Tax
Per Lot
3 Entitled Property $100 per Lot

No Annual Escalation Factor shall be applied to the Maximum Special Tax per Lot for Entitled Property.

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3. Undeveloped Property

Undeveloped Property will be assigned a Maximum Special Tax Rate of $500 per Acre or portion thereof, with a minimum rate of $100 for Undeveloped Property less than or equal to one-fourth (1/4) of an Acre as described in Table

3. Table 3
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1
(Public Safety Services)

Land Use
Class

Description

Maximum Special
Tax Per Parcel/Acre

4 Undeveloped Property less than
or equal to ¼ Acre
$100 per
Assessor’s Parcel

5 Undeveloped Property > ¼ Acre
$500 per Acre

No Annual Escalation Factor shall be applied to the Maximum Special Tax per Parcel/Acre for Undeveloped Property.

4. Tax-Exempt Property

No Special Tax shall be levied on Tax-Exempt Property.

5. Multiple Land Use Classes

In some instances, an Assessor’s Parcel may contain more than one Land Use Class. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Administrator shall calculate the Special Tax Requirement based on the definitions in Section A and levy the Special Tax as follows until the amount of the Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Developed Property Proportionately between Developed Single-Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tax Requirement has not Item 1H - Page 19

been satisfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special Tax shall be levied each Fiscal Year on each Assessor’s Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property.

E. APPEALS

Any tax payer that believes that the amount of the Special Tax assigned to an Assessor’s Parcel is in error may file a written notice with the District Administrator appealing the levy of the Special Tax. This notice is required to be filed with the District Administrator during the Fiscal Year the error is believed to have occurred. The District Administrator or designee will then promptly review the appeal and, if necessary, meet with the taxpayer.

If the District Administrator verifies that the tax should be changed the Special Tax Levy shall be corrected and, if applicable in any case, a refund shall be granted.

F. EXEMPTIONS

1. Residential Property

Residential Properties which annually meet one or more of the following standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or
c. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services.

The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F.

G. MANNER OF COLLECTION

Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the District Administrator may directly bill the Special Tax, many collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Administrator.

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H. TERM OF SPECIAL TAX

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EXHIBIT E

NOTICE OF PUBLIC HEARING

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)

SERENA PARK, TRACTS
39025, 36691-1, 36691-2, 36691-3,
36691-4, 36691-5, 36691-6, 36691

On March 27, 2025, the City Council, as the legislative body for the District, adopted a resolution entitled " A Resolution Of The City Council Of The City Of Palm Springs, California, Declaring Its Intention To Annex Territory Into A Community Facilities District To Authorize The Levy Of Special Taxes " (the " ROI"). Pursuant to the ROI, the City Council determined that the public convenience and necessity require that certain territory, as more particularly described in the ROI, be annexed to the existing District, all as provided in the Mello -Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the "Act"). Reference is hereby made to the ROI, on file with the City Clerk of the City for further particulars. The following is a summary of the provisions of the ROI.

In the ROI, the City Council declared its intention to annex territory into Community Facilities District No. 2005-1 (Public Safety Services) (the "District"). The area proposed to be annexed to the District is as shown on Annexation Map No. 28, on file with the City Clerk, and identified in Exhibit A of the ROI. The District shall fund police services, fire protection and suppression services, and life safety services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the District and the territory proposed to be annexed to the District. The ROI provides that the special taxes heretofore caused to be levied in the District shall be levied in the territory proposed to be annexed, subject to public hearing and owner consent proceedings as specified in the Act.

Isl Brenda Pree
City Clerk
City of Palm Springs
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CITY COUNCIL STAFF REPORT

DATE: MARCH 27, 2025 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF OUTDOOR EXERCISE EQUIPMENT INSTALLATION

AND SURFACING IMPROVEMENTS AT DESERT HIGHLAND PARK

FROM: Scott C. Stiles, City Manager

BY: Nicholas S. Gonzalez, Director of Parks & Recreation

SUMMARY:

Formal City Council acceptance of the outdoor exercise equipment installation at Desert Highland Park (the “Project”) is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1) Accept the public works improvement identified as Desert Highland Park Surfacing Improvements, as completed in accordance with the Construction Contract; 24C253.

2) Authorize the Director of Parks & Recreation to execute and file for recordation with the Riverside County Recorder a Notice of Completion ( Attachment A) for Desert Highland Park Surfacing Improvements project.

3) Accept the public works improvement identified as Desert Highland Park Exercise Equipment Purchase and Installation, as completed in accordance with the Construction Contract; 24I283.

4) Authorize the Director of P arks & Recreation to execute and file for recordation with the Riverside County Recorder a Notice of Completion ( Attachment B) for Desert Highland Park Exercise Equipment Purchase and Installation.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form ( Attachment C), Miracle Recreation Equipment Company is a corporation registered in the state of Missouri; and Playcore Wisconsin, Inc., dba GameTime is a corporation registered in the state of Alabama (Attachment D).

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City Council Staff Report
March 27, 2025 -- Page 2
Acceptance of Outdoor Exercise Equipment Installation – Desert Highland Park

BACKGROUND:

In FY 2021-2022, the Measure J Commission approved an application for a Community Initiated project to purchase and install exercise equipment at Desert Highland Park.

The Parks and Recreation Commission reviewed the Project as recommended by Measure J on December 18, 2023, and directed staff to move forward with the project , and to seek out additional improvements to enhance the experience by incorporating rubber surfacing and concrete curbing for each installation.

In December of 2023 , Parks & Recreation staff met with the Desert Highland Gateway Estates Community Action Association to develop a list of desired outdoor exercise equipment along with a list of preferred locations. Following the finalization of the exercise equipment locations, staff solicited quotes through cooperative purchasing vendors and obtained three quotes for the purchase and installation of equipment.

On November 7, 2024, the City Manager approved Construction Contract 24I283 (Attachment E) with Playcore Wisconsin, Inc., dba Game Time to purchase and install outdoor exercise equipment at Desert Highland Park for an amount not to exceed $69,032.38.

On October 1 7, 202 4, the City Manager approved Construction Contract 24C253 (Attachment F ) with Miracle Recreation Equipment Company, to provide surfacing improvements including the installation of rubberized surfacing and concrete curbing for the outdoor exercise equipment sites at Desert Highland Park for an amount not to exceed $79,662.

STAFF ANALYSIS:

Following the approval of Construction Contract 24I283, a notice to proceed was issued identifying a start date of November 7, 2024.

Construction of the Desert Highland Park Exercise Equipment Purchase and Installation Project began on January 13, 2025, with the installation of eleven (11) pieces of exercise equipment by Playcore Wisconsin, Inc., dba GameTime and was determined to be substantially completed on January 31, 2025.

Following the approval of Construction Contract 24C253, a notice to proceed was issued identifying a start date of December 3, 2024.

During construction, on February 4, 2025, staff identified that vandalism damages had occurred and required rubber surfacing to be replaced at five (5) of the eleven (11) pieces of exercise equipment, initiating Contract Change Order No. 1 ( Attachment G) in the amount of $5,000 for the removal and installation of approximately 530 square feet of rubberized surfacing, for a revised contract amount not to exceed $84,662.

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City Council Staff Report
March 27, 2025 -- Page 3
Acceptance of Outdoor Exercise Equipment Installation – Desert Highland Park

Construction of the Desert Highland Park Surfacing Improvements Project began on February 3, 2025, and was determined to be substantially completed on February 11, 2025.

Staff recommends that City Council accept the Project s as required by Section 9200 of the California Civil Code and authorize the Director of Parks & Recreation to file and record Notice of Completions to be submitted to the County.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the subject Project, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2, Community Infrastructure.

FISCAL IMPACT:

The original contract amount for Desert Highland Park Exercise Equipment Purchase and Installation Construction Contract 24I283 was $69,032.38. The City is currently holding retention in the amount of $3,451.62 (5%), for Playcore Wisconsin Inc., dba GameTime pending the acceptance of improvements and filing of the Notice of Completion with the County Recorder’s Office.

The original contract amount for Desert Highland Park Surfacing Improvements Construction Contract 24C253 was $79,662, and throughout the duration of the project the City entered into one contract change order for a total increase of $5,000, and a final construction cost of $ 84,662. The City is currently holding retention in the amount of $4,233.10 (5%), pending the acceptance of improvements and filing of the Notice of Completion with the County Recorder’s Office.

REVIEWED BY:

Director of Parks & Recreation: Nicholas S. Gonzalez
Acting Procurement & Contracting Manager: Tabitha Richards Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

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City Council Staff Report
March 27, 2025 -- Page 4
Acceptance of Outdoor Exercise Equipment Installation – Desert Highland Park

ATTACHMENTS:

A. Notice of Completion 24C253
B. Notice of Completion 24I283
C. Public Integrity Disclosure Miracle Recreation Equipment Company D. Public Integrity Disclosure Playcore Wisconsin, Inc., dba Game Time E. Construction Contract 24I283
F. Construction Contract 24C253
G. Contract Change Order 1

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ATTACHMENT A

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Name
Street
Address
City &
State

SPACE ABOVE THIS LINE FOR RECORDERS USE

NOTICE OF COMPLETION
(CA Civil Code §§ 8180-8190, 8100-8118, 9200-9208)
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is an owner of an interest of estate in the hereinafter described real property, the nature of which interest or estate is:
_________________________________________________________________________________ (e.g. fee, leasehold, joint tenancy , etc.)

2. The full name and address of the undersigned owner or reputed owner and of all co -owners or reputed co -owners are:

Name Street and No. City State
__________________________________________________________________________________________________________

3. The name and address of the direct contractor for the work of improvement as a whole is:
__________________________________________________________________________________________________________

4. This notice is given for (check one):
⁭ Completion of the work of improvement as a whole.
⁭ Completion of a contract for a particular portion of the work of improvement (per CA Civ. Code § 8186).

5. If this notice is given only of completion of a contract for a particular portion of the work of improvement (as provided in CA Civ. Code § 8186), the name and address of the direct contractor under that contract is:
___________________________________________________________________________________________________________

6. The name and address of the construction lender, if any, is:
___________________________________________________________________________________________________________

7. On the ____________ day of ___________, 20___, there was completed upon the herei n described property a work of improvement as a whole (or a particular portion of the work of improvement as provided in CA Civ. Code § 8186) a general description of the work provided:
___________________________________________________________________________________________________________

8. The real property herein referred to is situated in the City of __________________________, County of _______________________ _ State of California, and is described as follows:

___________________________________________________________________________________________________________

9. The street address of said property is:
___________________________________________________________________________________________________________

10. If this Notice of Completion is signed by the owner’s successor in interest, the name and address of the successor’s transferor is:

___________________________________________________________________________________________________________ I certify (or declare) under pe nalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: _______________________________________ By: ________________________________________________________ Signature of Owner or Owner’s Authorized Agent
City of Palm Springs

Page 1 of 2 ends

Recording Requested By:

When Recorded Mail To:

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Page 2 of 2 ends

VERIFICATION
I, _______________________________________________, state: I am the ________________________________ __ (“Owner∫, “President”, “Authorized
Agent”, “Partner”, etc.) o
f the Owner identified in the foregoing Notice of Completion. I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge.

I decl
are under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on _______________________, _______ (date) , at _______________________________________________ ______ (City), ________ (State). ______________________________________________________
Signature of Owner or Owner’s Authorized Agen
David McAbee: Director of Public Works
City of Palm Springs

PROOF OF SERVICE DECLARATION
a.
b.
c. ⁭
_____________________________________________________________ (Signature of Person Making Service)

STATE OF CALIFORNIA
COUNTY OF ______________________________________
On _____________________________ ____________, ________ (date), before me, ________________________________ ____________, Notary Public (name and title of officer) 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 authorize d 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 PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.

Witness my hand and official seal.
_____________________________________________
Signature
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.

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ATTACHMENT B

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