(Revised 09 13 18)
Item 1I - Page 9
Item 1G - Page 15
owe c,c /(_
President
Secretary
Chief Financial Officer
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
Assistant Vice President
--·------- -··---------·""··- ~~-
Paul J. Thlel
Paul J. Thiel
Pamela Thiel
Pamela Thiel
Trevo·r J. Thiel
Derek J. Thiel
Dalys Simmers
Scott J. Simmers
Joseph A. Gibbs
Holly Thiel
Ramona Thiel .
Rick Rager
Shelly Macias
Trent Hanna
Mike Beaty
GeoffHill ·
Iv1;,1n Rodriguez
Scott Oaks
Item 1I - Page 10
Item 1G - Page 16
7. Owners/Investors with a 5% beneficial Interest In the Aoolicant Entitv or a related entitv
EXAMPLE
- .
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity _ and name of entitv]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entitv]
B. '·-
[name of owner/investor] [percentage of beneficial Interest in entity
and name of entity]
C.
-- ····-· .... ......... . - · -··---.. -·- • -•-•--•••••••••• . .... -• . •• •••••••H - • , ------- -- ·--------·· ····-·· ·---- -... ,_._, ... ···-- ····-··-·· - - ... , .. •-· ·· ··~·- •-· ------ --- -- ----- [name of owner/investor] [percentage of beneficial interest In entity
and name of entity]
D.
-
[name of owner/investor] [percentage of beneficial Interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
(Revised 09 13 18)
rinted Name, Title- Date
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
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CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
RESOLUTION ACCEPTING THE FIRE DEPARTMENT’S ANNUAL REPORT ON
COMPLIANCE WITH STATE MANDATED INSPECTIONS
RECOMMENDATION:
Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE FIRE DEPARMENT’S REPORT ON COMPLIANCE WITH STATE INSPECTION
MANDATES.”
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1H
CITY COUNCIL STAFF REPORT
DATE: M AY 14, 2025 CONSENT CALENDAR
SUBJECT: RESOLUTION ACCEPTING THE FIRE DEPARTMENT’S ANNUAL REPORT ON COMPLIANCE WITH STATE MANDATED INSPECTIONS.
FROM: Scott C. Stiles, City Manager
BY: Palm Springs Fire Department, Community Risk Reduction
SUMMARY:
Staff recommends th at City Council receive s the Fire Department’s annual report, as provided in this staff report, regarding the inspection of certain occupancies including schools, hotels, motels, lodging houses, apartments, and certain residential care facilities, and adopt a resolution pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
RECOMMENDATION:
1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE FIRE
DEPARMENT’S REPORT ON COMPLIANCE WITH STATE INSPECTION
MANDATES.”
2. Authorize the City Manager to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
N/A.
BACKGROUND:
The California Health and Safety Code requires fire departments within the s tate of California to annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, and certain residential care facilities that are within their jurisdiction.
Item 1H - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
Compliance with State Inspection Mandates
Inspectors look for compliance with building standards and other regulations created by the State Fire Marshal. The inspections focus on public safety and preventing fires.
Pursuant to Senate Bill 1205 (SB1205), the California Health and Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018, to read:
(a) Every city or county fire department, or district, required to perform annual Inspections pursuant to Sections 13146.2 and 13146.3, shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3.
(b) The report, made pursuant to subdivision (a), shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report, made pursuant to subdivision(a), in a resolution or a similar formal document.
(d) For purposes of this section, "administering authority” means a city council, county board of supervisors, or district board.
STAFF ANALYSIS:
The Fire Department’s Community Risk Reduction Division (Division) is responsible for fire and life safety community programs throughout the city of Palm Springs. One of these programs is the California State Fire Marshal Mandated Annual Inspection program. The annual inspection program requirement is conducted and completed by the Division’s inspectors throughout the year.
Division inspectors issue correction notices for violations. The amount of time provided for the correction of violations is dependent upon the violation itself. Immediately dangerous situations, i.e., locked emergency exits, or gaseous materials stored indoors , require immediate correction while less dangerous or more complicated situations, i.e., fire sprinkler system maintenance or building repairs, are given two weeks to thirty days for correction.
As required by SB 105, Section 13146.4, the Division, under the direction of the Fire Chief, is required to annually report to the City Council its compliance with the annual inspection requirements of the California Health and Safety Code. This Bill also requires the City Council to acknowledge receipt of the compliance report in a resolution.
The following table is the Fire Department’s report of all state mandated occupancies within the City, as well as the total number inspected, and the percentage of completed inspections.
Item 1H - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
Compliance with State Inspection Mandates
Occupancy Total Inspected Total Properties Success rate
E 18 18 100%
I 1 1 100%
R1 130 130 100%
R2 552 552 100%
R2.1 5 5 100%
R4 No properties
H No properties
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.
According to Section 15378(b), 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.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council’s Strategic Plan Broad Goal s of Public Safety and Community Services, as well as Infrastructure and Facilities.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Paul Alvarado, Fire Chief
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
Item 1H - Page 3
ATTACHMENT A
Item 1H - Page 4
55575.18135\41322757.1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ACCEPTING THE FIRE
DEPARTMENT’S REPORT ON COMPLIANCE WITH STATE
INSPECTION MANDATES
WHEREAS, the California Health and Safety Code requires fire departments within the state of California to annually inspect buildings, public or private, that are utilized as a school, hotel, motel, lodging house, apartment house, and certain residential care facilities within their jurisdiction.
WHEREAS, inspectors focus on compliance with building standards and other regulations imposed by the State Fire Marshal, and on public safety and fire prevention; and
WHEREAS, pursuant to Senate Bill 1205, section 13146.4 was added to the Health and Safety Code in 2018 to require local fire departments to perform annual inspections and report compliance information annually to its administering authority; and
WHEREAS, in accordance with Senate Bill 1205, the Fire Department hereby submits this report on its compliance with the state inspection mandates to the City Council for review and approval; and
WHEREAS, the City Council of the City of Palm Springs intends this Resolution to fulfill the requirements of the Health and Safety Code regarding acknowledgment of the Palm Springs Fire Department’s compliance with sections 13146.2 and 13146.3.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:
A. The City Council acknowledges and accepts the Fire Department’s submission of an annual report regarding the inspection of certain occupancies, including schools, hotels, motels, lodging houses, apartments, certain residential care facilities, and parcels, in the High Fire Hazard Severity Zones pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
B. The City Manager is authorized to execute all necessary documents associated with the compliance report.
C. This action is not a “Project” as defined by the California Environmental Quality Act (CEQA) because it involves organization or administrative activities of the government that will not result in direct or indirect physical changes in the environment, pursuant to CEQA Guidelines § 15378(a).
Item 1H - Page 5
55575.18135\41322757.1
City Council Resolution No. ____ May 8, 2025
Annual Fire Department Inspection Compliance Report Page 2 of 3
PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, THIS ___ DAY OF ____________________, 2025.
AYES:
NOES:
ABSENT:
Scott Stiles, City Manager
ATTEST:
Brenda Pree, MMC
Cit
y Clerk
Item 1H - Page 6
55575.18135\41322757.1
City Council Resolution No. ____ May 8, 2025
Annual Fire Department Inspection Compliance Report Page 3 of 3
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 ________________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of _________________, 2025.
Brenda Pree, MMC
City Clerk
Item 1H - Page 7
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
APPROVE A RESOLUTION AUTHORIZING THE EXAMINATION OF SALES OR
TRANSACTIONS AND USE TAX RECORDS
RECOMMENDATION:
Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS”
1. Authorize the City Manager or designee to execute all necessary documents. 2.
Attachments
Item 1I
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 CONSENT CALENDAR
SUBJECT: APPROVE A R ESOLUTION AUTHORIZING THE EXAMINATION OF
SALES OR TRANSACTIONS AND USE TAX RECORDS
FROM: Scott C. Stiles, City Manager
BY: Economic Development Department
SUMMARY:
This action requests City Council to approve a resolution authorizing the examination of sales or transactions and use tax records by Civitas Advisors, Inc., as required by Section 7056 of the California Department of Revenue and Taxation Code.
RECOMMENDATION:
1. Adopt a Resolution entitled, “ A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE EXAMINATION OF SALES OR TRANSACTIONS AND USE TAX RECORDS” (Attachment A).
2. Authorize the City Manager or designee to execute all necessary documents.
BACKGROUND:
On January 23, 2025, the City Council directed the City Manager to convene several working groups to oversee various topics related to the revitalization and expansion of the Palm Springs Convention Center. In order to fund the project, staff is evaluating and identifying several potential funding options including a Tourism Improvement District (TID).
STAFF ANALYSIS:
The City has entered into a Consulting Services Agreement with Civitas Advisors, Inc. to provide funding analysis regarding the formation of a T ID. In order for them to complete their analysis, they will need to examine confidential sales or transactions and use tax records. Pursuant to Section 7056 of the California Department of Revenue and Taxation Code, the examination of these records must be approved through a resolution adopted by the City Council.
Item 1I - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
Approval of Resolution Authorizing Examination of Records
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 approve contracts for the above- mentioned services, 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.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports the City Council’s Strategic Plan Broad Goal of Economic Development.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Wayne Olson
City Attorney: Jeff Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
Item 1I - Page 2
ATTACHMENT A
Item 1I - Page 3
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
EXAMINATION OF SALES OR TRANSACTIONS AND USE
TAX RECORDS
WHEREAS, pursuant to Ordinance Nos. 1802, 1945 and 2107 of the City of Palm Springs (City), and Revenue and Taxation Code section 7270, the City entered into a contract with the California Department of Tax and Fee Administration (Department) to perform all functions incident to the administration and collection of sales and use taxes; and
WHEREAS, the City Council of the City of Palm Springs deems it desirable and necessary for authorized officers, employees and representatives of the City to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the City pursuant to that contract; and
WHEREAS, Section 7056 of the California Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Department records, and Section 7056.5 of the California Revenue and Taxation Code establishes criminal penalties for the unlawful disclosure of information contained in, or derived from the sales and transactions and use tax records of the Department.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the Director of Finance and Treasurer or other officer or employee of the City designated in writing by the City Manager to the Department is hereby appointed to represent the City with authority to examine sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected for the City by the Department pursuant to the contract between the City and the Department under the Bradley -Burns Uniform Local Sales and Use Tax Law or the Transactions and Use Tax Law.
SECTION 3. That Civitas Advisors, Inc. is hereby designated to examine the sales or transactions and use t ax records of the Department pertaining to sales, use and transactions taxes collected for the City by the Department. The person or entity designated by this section meets all of the following conditions, which are also included in the contract between the City and Civitas Advisors, Inc.:
a) has a
n existing contract with the City to examine those sales or transactions and use tax records;
Item 1I - Page 4
Resolution No. _____
b) is required by that contract to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee authorized under Section 2 or 3 of this resolution to examine the information;
c) Is prohibited by that contract from performing consulting services for a retailer during the term of that contract; and
d) is prohibited by that contract from retaining the information contained in, or derived from, those sales or transactions and use tax records, after that contract has expired.
SECTION 4. That the information obtained by examination of Department records shall be used only for purposes related to the collection of City sales or transactions and use taxes by the Department pursuant to the contract between the City and the Department.
SECTION 5. That the City Manager is hereby authorized to take such and further actions, and sign such other and future documents, as necessary and proper to implement this Resolution on behalf of the City.
ADOPTED THIS 14TH DAY OF MAY, 2025.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE
CITY CLERK
Item 1I - Page 5
Resolution No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, h ereby 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 _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
Brenda Pree, City Clerk
City of Palm Springs, California
Item 1I - Page 6
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
APPROVE SUBLEASE AGREEMENT WITH DESERT COMMUNITY COLLEGE
DISTRICT
RECOMMENDATION:
Approve the Sublease Agreement with Desert Community College District; and1.
Authorize the City Manager, or designee, to execute all documents necessary. 2.
Attachments
Item 1J
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 CONSENT CALENDAR
SUBJECT: APPROVE SUBLEASE AGREEMENT WITH DESERT COMMUNITY
COLLEGE DISTRICT
FROM: Scott C. Stiles, City Manager
BY: Nicholas S. Gonzalez, Director of Parks & Recreation
SUMMARY:
Approval of this action will allow the City to enter into an agreement with Desert Community College District to convert three vacant tennis courts into twelve temporary pickleball courts for public use while the Demuth Park p ickleball courts are under construction.
RECOMMENDATION:
1. Approve the Sublease Agreement with Desert Community College District (Attachment A); and
2. Authorize the City Manager, or designee, to execute all documents necessary.
BUSINESS PRINCIPAL DISCLOSURE:
N/A.
BACKGROUND:
The City of Palm Springs Department of Parks & Recreation currently maintains and operates twelve pickleball courts at Demuth Park. The current pickleball courts will be renovated and expanded to twenty -four pickleball courts beginning Summer 2025. The construction period is expected to last for approximately eight months.
In the interim, the Department of Parks & Recreation has surveyed pickleball courts throughout the City for the pickleball community to enjoy during construction of the Demuth Park pickleball courts . The College of the Desert currently has a temporary campus location at E. Baristo Road and S. Hermosa Drive (located at 1452 E. Baristo Road) that is leased from the Palm Springs Unified School District. On this property, there Item 1J - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
Sublease Agreement with Desert Community College District
are three vacant tennis courts that are not currently being utilized and are not accessible for the public or for students.
After several conversations with both school districts, staff has confirmed that these three vacant tennis courts can be converted into twelve pickleball courts for public use during the construction period.
STAFF ANALYSIS:
The Department of Parks & Recreation is looking to enter into a sublease agreement with Desert Community College District for use of approximately 14,400 square feet of the temporary campus, currently known as vacant tennis courts. This would allow the City to convert the tennis courts into temporary pickleball courts for public use.
If approved, the City will make minor repairs to existing fencing, removal of any existing obstructions that would inhibit safe use, removal of any debris and vegetation on site, and creation of a path to allow access to the courts from the west side of the property . The courts will also be surface painted and striped to convert three existing tennis courts into twelve pickleball courts, composed of four pickleball courts per existing tennis court, and additional nets will be mounted.
The City will be responsible to maintain safe access to the courts and to provide signage including rules of use, code of conduct, and contact information for questions or concerns.
The City will also close the facility when the District has exams or special events. There will be no public restrooms for this facility and parking will only be available on side streets.
The use of the facility will be only permitted during daylight hours as lights will not be provided in the evening.
The term will begin immediately and shall last for approximately thirteen months (or when the Demuth Park Pickleball Expansion Project finishes construction ). Following the end of the agreement, the City will be responsible to remove all mounts and netting to end the use of the pickleball courts to the public.
The Pickleball Ad-Hoc Committee of the Parks & Recreation Commission supports these temporary pickleball courts to be constructed.
Item 1J - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
Sublease Agreement with Desert Community College District
TEMPORARY PICKLEBALL COURT SITE:
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.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority : Public Safety and Community Services – Provide services that support a high quality of life AND Infrastructure and Facilities – Provide for quality, well-maintained infrastructure and facilities.
FISCAL IMPACT:
The City will be responsible for paying a monthly rental lease expense of $1,637 per month through November 1, 2025. After November 1, 2025, the monthly rental lease expense will increase to $1,655 per month. Expenses related to the conversion of the tennis courts to temporary pickleball courts are approximately $75,000. Costs related to Item 1J - Page 3
LEGEND
Pickleball Court
Pathway
City Council Staff Report
May 14, 2025 -- Page 4
Sublease Agreement with Desert Community College District
the monthly rental lease expense and the improvements to the property will be absorbed in the approved operating budget for the Department of Parks & Recreation.
REVIEWED BY:
Director of Parks & Recreation: Nicholas S. Gonzalez
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Sublease Agreement
Item 1J - Page 4
ATTACHMENT A
Item 1J - Page 5
1300 East Baristo Road
Palm Springs, CA
1 SUBLEASE AGREEMENT
This Sublease Agreement ( “Sublease”) is made effective as of the ___ day of May 2025, (the “Effective Date”) by and between DESERT COMMUNITY COLLEGE DISTRICT, a California public agency (“ Sublandlord”), and CITY OF PALM SPRINGS, a charter city and municipal corporation organized and operating under the laws of the State of California (“ Subtenant”) with reference to the following facts:
A. PALM SPRINGS UNIFIED SCHOOL DISTRICT, a California public agency (“ Master Landlord”) and Sublandlord entered into that certain Lease Agreement dated November 27, 2017 (“Original Master Lease ”), as amended by that certain First Amendment to Lease Agreement dated April 28, 2020 (“ First Amendment ”), that certain Second Amendment to Lease Agreement dated February 11, 2025 (“Second Amendment”) and that certain Third Amendment to Lease Agreement dated May __, 2025 (“Third Amendment”, and together with the Original Master Lease, the First Amendment, and the Second Amendment, collectively, the “Master Lease” ), whereby Master Landlord leased to Sublandlord and Sublandlord leased from Master Landlord those certain premises consisting of approximately 4.15 acres of property located at 1300 East Baristo Road, Palm Springs, County of Riverside, State of California as further set forth in the Master Lease (the “Master Premises”).
B. Sublandlord agrees to sublease to Subtenant, and Subtenant agrees to sublease from Sublandlord, approximately 14,400 square feet of the Master Premises known as tennis court (“Premises”) as described in Exhibit A attached hereto and incorporated by reference upon the terms and conditions set forth in this Sublease.
C. Sublandlord is subleasing the Premises to Subtenant in recognition of the City’s good faith cooperation and in furtherance of their shared commitment to serving the community by providing access to recreational facilities that enhance public health, wellness, and community engagement.
AGREEMENT
1. Sublease of Premises. Subject to the terms and condi tions of this Sublease, Sublandlord hereby subleases to Subtenant and Subtenant hereby subleases from Sublandlord the Premises.
2. Master Lease and Other Agreements.
2.1 Subordinate to Master Lease . This Sublease is subject and subordinate to all of the terms and conditions of the Master Lease. Except as specifically set forth herein, Subtenant hereby assumes and agrees to perform the obligations of “Tenant” under the Master Lease as more particularly set forth hereafter. Unless otherwise defined, all capitalized terms used herein shall have the same meanings as given them in the Master Lease. A copy of the Master Lease is attached hereto as Exhibit B and incorporated herein by this reference. Subtenant shall neither do nor permit anything to be done which would cause the Master Lease to be terminated or forfeited by reason of any right of termination or forfeiture reserved or vested in Master Landlord under the Master Lease, and Subtenant shall indemnify and hold Sublandlord harmless from and against all claims, liabilities, judgme nts, costs, demands, penalties, expenses, and damages of any kind whatsoever, including, without limitation, attorneys ’ fees, consultants’ fees and costs and court costs, ( “Claims”) by reason of any failure on the part of Subtenant to perform any of the obligations of “Tenant ” under the Master Lease which Subtenant has become obligated hereunder to perform, and such indemnity and hold harmless shall survive the expiration or sooner termination of this Sublease. In the event of the termination of the Master Lease for any reason, then this Sublease shall terminate automatically upon such termination without any liability owed to Subtenant by Master Landlord, or by Sublandlord unless the termination is due to Sublandlord’s breach of the Master Lease and not due to Subtenant’s breach of the Sublease.
Item 1J - Page 6
1300 East Baristo Road
Palm Springs, CA
2 2.2 Applicable Provisions. All of the terms and conditions contained in the Master Lease as they may apply to the Premises are incorporated herein and shall be terms and conditions of this Sublease, except those directly contradicted by the terms and conditions contained in this Sublease. Each reference therein to “Landlord”, “Tenant”, “Premises” and “Lease” to be deemed to refer to Sublandlord, Subtenant, Premises and Sublease, respectively, as appropriate.
2.3 Modifications. For the purposes of incorporation herein, the terms of the Master Lease are subject to the following additional modifications:
(a) In all provisions of the Master Lease requiring the approval or consent of Master Landlord, Subtenant shall be required to obtain the approval or consent of both Sublandlord and Master Landlord, under the same standards of consent as set forth in the Master Lease and the approval of Sublandlord may be withheld if Master Landlord’s consent is not obtained. (b) In all provisions of the Master Lease requiring “Tenant” to submit, exhibit to, supply or provide Master Landlord with evidence, certificates, or any other matter or thing, Subtenant shall be required to submit, exhibit to, supply or provide, as the case may be, the same to both Master Landlord and Sublandlord.
(c) Sublandlord shall not be obligated to perform those obligations of Master Landlord which Sublandlord cannot immediately and unilaterally perform as “Landlord” , nor shall Sublandlord be deemed to have adopted as its own any representations made by Master Landlord in the Master Lease.
(d) If and to the extent that Sublandlord ’s rental obligation is abated or reduced pursuant to the Master Lease due to a casualty, condemnation or other interference with the use of the Premises , the Rent hereunder shall be abated or reduced in the same proportion and period as the abatement or reduction under the Master Lease. Subtenant shall not be entitled to any further abatement or reduction in Rent.
(e) Whenever in the Master Lease a time is specified for the giving of any notice or the making of any demand by the “Tenant” thereunder, such time is hereby changed, for the purpose of this Sublease only, by adding two (2) business days thereto and whenever in the Master Lease a time is specified for the giving of any notice or the making of any demand by the “Landlord”, such time is hereby changed, for the purpose of this Sublease only, by subtracting two (2) business days therefrom.
It is the purpose and intent of the foregoing provisions to provide Sublandlord with time within which to transmit to Master Landlord any notices or demands received from Subtenant and to transmit to Subtenant any notices or demands received from Master Landlord.
2.4 Exclusions. Notwithstanding the terms of Section 2.2 above, Subtenant shall have no rights under any of the following provisions of the Master Lease: (i) any rights or options to expand, extend, renew or terminate the Master Lease, this Sublease or the Premises , and (ii) any rights of first offer, rights of first negotiation, or similar rights, or any rights to any tenant improvement allowance.
In addition, the following provisions of the Master Lease are NOT incorporated herein: the second paragraph of Section 1, Section 3.1, Section 3.2, Section 3.4, Section 3.5, first sentence of Section 4.1, the second paragraph of Section 7.2, Section 11, and Section 12.3 of the Original Master Lease, and the first paragraph of Section 2 of “Term; Tenant’s Early Termination Right ” in Section 2 of the Second Amendment. All of the incorporated terms of the Master Lease as referenced and qualified above along with all of the following terms and conditions set forth in this document shall constitute the complete terms and conditions of this Sublease.
2.5 Obligations of Sublandlord. Notwithstanding anything herein contained, the only services or rights to which Subtenant is entitled hereunder are those to which Sublandlord is entitled under the Master Lease, and for all such services and rights Subtenant shall look solely to the Master Landlord under the Master Lease, and the obligations of Sublandlord hereunder shall be limited to using Item 1J - Page 7
1300 East Baristo Road
Palm Springs, CA
3 its reasonable good faith efforts to obtain the performance by Master Landlord of its obligations, provided Subtenant shall reimburse Sublandlord for all reasonable costs incurred by Sublandlord in such efforts.
Sublandlord shall have no liability to Subtenant or any other person for damage of any nature whatsoever as a result of the failure of Master Landlord to perform said obligations except for Master Landlord ’s termination of the Sublandlord’ s interest as “Tenant” under the Master Lease in the event of Sublandlord’s breach of the Master Lease (without cause of Subtenant).
3. Term.
3.1 Initial Term. The term of this Sublease (“Term”) shall commence on the later of (i) May __, 2025, or (ii) the date that the governing board of Master Landlord and Sublandlord approve this Sublease, but in no event before the date of Master Landlord’s con sent of this Sublease (“Commencement Date ”) and shall end upon thirteen (13) months after the Commencement Date (“Expiration Date”), unless sooner terminated pursuant to any provision of the Master Lease applicable to the Premises or the terms of this Sublease. Subl andlord shall have no obligation to Subtenant to exercise any of its options to extend under the Master Lease.
4. Rent.
4.1 Base Rent. Subtenant shall pay to Sublandlord an amount equal to the monthly rent set forth in the following rent schedule (“Base Rent”):
Month Monthly Base Rent
Commencement Date to November 1, 2025 $1,637.00 per month November 1, 2025, to Expiration Date $1,655.00 per month
Base Rent shall be paid in advance on Subtenant’s execution of this Sublease for the first month and thereafter on or before the 1st day of each subsequent month during the Term.
4.2 Rent. All amounts set forth in this Section 4 and any other rent or other sums payable by Subtenant under this Sublease shall constitute and be due as additional rent. Base Rent, and additional rent shall herein be referred to as “ Rent”. Rent for partial months at the commencement or termination of this Sublease shall be prorated. Rent shall be paid to the Sublandlord at its notice address noted herein, or at any other place Sublandlord may from time to time designate by written notice mailed or delivered to Subtenant.
5. Premises.
5.1 Condition of the Premises. Subtenant acknowledges that as of the Commencement Date, Subtenant shall have inspected the Premises, and every part thereof, and by taking possession shall have acknowledged that the Premises is in good condition and without need of repair, and Subtenant accepts the Premises “ as is ”, Subtenant having made all investigations and tests it has deemed necessary or desirable in order to establish to its own complete satisfaction the condition of the Premises. Subtenant accepts the Premises in their condition existing as of the Commencement Date, subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the Premises and any covenants or restrictions of record. Subtenant acknowledges that neither Sublandlord nor Master Landlord have made any representations or warranties as to the condition of the Premises or its present or future suitability for Subtenant’s purposes.
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4 5.2 Maintenance and Surrender. Subtenant , at Subtenant’s sole cost and expense, shall keep the Premises in good order and repair and perform all maintenance, repair and replacement obligations of “ Tenant” required under the Master Lease. Sub tenant, at its sole cost and expense, shall surrender the Premises to Sublandlord and shall remove all Initial Improvements located above ground level, including, without limitation, any and all poles and netting.
6. Insurance.
6.1 Subtenant’s Insurance. Without in any way limiting Subtenant’s liability under this Sublease, Subtenant shall, at its sole cost and expense, procure and maintain in full force and effect, during the Term of this Sublease the following insurance amounts and coverage from a California licensed and/ or admitted insurer with an A -VII, or better rating from A.M. Best, to cover any Claims arising out of or in connection with this Sublease:
(a) A policy of Commercial General Liability insurance and a Comprehensive Auto Liability policy insuring against claims and liabilities arising out of the operation, condition, use, or occupancy of the Premises and all areas appurtenant thereto, including parking areas.
The Comprehensive Auto Liability policy shall insure all vehicle(s), whether hired, owned or non-owned.
The Commercial General Liability insurance shall be at least as broad as the Insurance Service Office (ISO) CG 00-01 form and in an amount of not less than Two Million Dollars ($2,000,000.00) for bodily injury or death and property damage as a result of any one occurrence and a Five Million Dollar ($5,000,000.00) general aggregate policy limit. In addition, Operator shall obtain a personal injury policy in the amount of Two Million Dollars ($2,000,000.00).
(b) Workman’s Compensation with Employer's Liability limits of not less than One Million Dollars ($1,000,000) or statutory limits per each accident. (c) Employers Liability insurance with limits of not less than One Million Dollars ($1,000,000) for each occurrence.
(d) Physical damage insurance providing coverage in the event of fire, vandalism, malicious mischief and all other risks covered under “ All Risk” or “Special Form” coverage, covering the Premises (collectively, “ Property Insurance” ). The Property Insurance shall provide coverage to the extent of one hundred percent (100%) of their full replacement value of the Premises and the alterations, additions and improvement installed thereon. Notwithstanding anything to the contrary, Subtenant hereby assigns all of its rights to the proceeds of the Property Insurance to Sublandlord. All Property Insurance shall name Sublandlord as the loss payee. (e) Certificate of Insurance, satisfactory to Sublandlord, evidencing all coverage above shall be furnished to Sublandlord before commencing any operations under this Agreement, with complete copies of policies upon Sublandlord request. Approval of the insurance by Sublandlord shall not relieve or decrease the liability of the Subtenant hereunder. (f) All liability insurance under items ( a) through ( c) above shall be endorsed to provide: (a) name as additional insured the Sublandlord, its board, officers and employees, (b) such policies shall be primary insurance to any other insurance available to the additional insured, with respect to any claim arising out of this Sublease, and that insurance applies separately to each insured against whom a claim is made, or a suit is brought against, and (c) the certificate of insurance for the above shall provide 30 days advance written notice to Sublandlord regarding cancellation, nonrenewal or reduction of coverage of any of the above insurance.
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5 6.2 Waiver of Subrogation. Sublandlord and Subtenant hereby waive any and all rights of recovery against each other, and agree that their respective insurers shall waive any rights of subrogation, for loss or damage to the leased premises or any property therein to the extent such loss or damage is covered by insurance required under the Sublease or otherwise carried by either party.
7. Use and Alterations.
7.1 Use of Premises. Subtenant acknowledges and agrees that pursuant to Section
4.1 of the Original Master Lease, the use of the Master Premises, including the Premises, is for a college facilities satellite site for College of the Desert. Subject to Master Landlord’s written approval, Subtenant shall be allowed, during the Term of this Sublease, to use the Premises for a temporary public pickleball courts together with rights for access and entry onto the Premises as necessary and convenient for the use of the Premises as a public pickleball court by the public, Subtenant, and its employees, agents, invitees, and contractors (collectively “Subtenant Parties”), and for no other purposes.
7.2 Alterations. Subject to Master Landlord’s prior written approval, Subtenant shall have the right , at its sole costs and expenses, to remove the existing three (3) tennis courts on the Premises and replace with the installation of twelve (12) pickleball courts on the Premises, as more particularly described in the attached Exhibit C (“Initial Improvement”). Subtenant shall not make any alterations, additions or improvement (“ Alterations”), including but not limited to the Initial Improvement, to the Premises without the express prior written consent of Subl andlord and of Master Landlord (to the extent Master Landlord’s consent is required under the Master Lease) , which consent by Sublandlord shall not be unreasonably withheld. Subtenant shall reimburse Subl andlord for all costs which Sublandlord may incur in connection with reviewing Subtenant ’s plans for such Alteration , including, without limitation, reasonable attorneys ’ fees and costs and any fees or costs charged by Master Landlord. On termination of this Sublease, Subtenant shall surrender the Premises to Sublandlord in the condition set forth in Section 5.2 above.
7.3 Parking, Utilities, and Restroom Facilities . Subtenant acknowledges and agrees that (i) (a) p arking is only available on public streets and (b) Sublandlord shall have no obligation to provide or arrange for any parking within the Master Premises for Subtenant Parties in connection with the use of the Premises ; (ii) (a) no utilities, including but not limited to electricity, water, gas, or HVAC services, will be provided to the Premises, and (b) no lighting will be available within the Premises, and the existing lighting, if any, is non-functional, with Sublandlord having no obligation to repair, replace, or maintain any lighting ; and (iii) Sublandlord shall have no obligation to provide restroom or bathroom facilities for Subtenant Parties in connection with the use of the Premises.
7.4 Security. Sublandlord shall have no obligation to provide any security or safeguard measures for the Premises, and any security measures that Sublandlord may implement shall be solely for the benefit of Sublandlord. Subtenant, its employees, agents, invitees, and contractors shall use the Premises at their own sole risk, and Sublandlord shall not be liable for any theft, vandalism, personal injury, property damage, or other losses occurring on or around the Premises. Subtenant shall indemnify, defend, and hold harmless Sublandlord, its affiliates, officers, directors, employees, and agents from and against any and all Claims arising from or related to (i) the use of the Premises by the Subtenant Parties, (ii) any injury, death, or property damage occurring on the Premises in connection with the use of the Premises by Subtenant Parties, and (iii) any claims brought by Subtenant Parties against Sublandlord and/or the Master Landlord related to security, access, or use of the Premises. Subtenant’s obligations under this Section 7.6 shall survive the expiration or earlier termination of this Sublease.
8. Assignment and Subletting.
8.1 Consent Required . Subtenant shall not assign this Sublease or any interest therein nor shall Subtenant sublet, license, encumber or permit the Premises or any part thereof to be used Item 1J - Page 10
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6 or occupied by others (collectively “Transfer”), without Sublandlord ’s and Master Landlord ’s prior written consent. Sublandlord’ s consent shall not be unreasonably withheld; provided, however, Sublandlord’s withholding of consent shall in all events be deemed reasonable if for any reason Master Landlord’s consent is not obtained. The consent by Sublandlord and Master Landlord to any Transfer shall not waive the need for Subtenant (and Subtenant ’s transferees) to obtain the consent of Sublandlord and Master Landlord to any different or further Transfer. All conditions and standards set forth in the Master Lease regarding Transfers shall apply.
9. Default.
9.1 Default Described . The occurrence of any of the following shall constitute a “Default” by Subtenant: (i) failure to pay Rent or any other amount within three (3) days after written notice that such payment is past due; (ii) all those items of default set forth in the Master Lease where the obligation is incorporated in this Sublease which remain uncured after the one- half (½) of the cure period provided in the Master Lease; or (iii) Subtenant’s failure to perform timely and remain uncured after fifteen (15) days written notice of the default, any other provision of this Sublease.
9.2 Sublandlord’s Remedies. In the event of a Default, Sublandlord shall have the remedies set forth in the Master Lease as if Sublandlord is Master Landlord. These remedies are not exclusive; they are cumulative and in addition to any remedies now or later allowed by law.
9.3 Subtenant’s Right to Possession Not Terminated . Sublandlord has the remedy described in California Civil Code Section 1951.4 ( landlord may continue lease in effect after lessee ’s breach and abandonment and recover rent as it becomes due, if lessee has right to sublet or assign, subject only to reasonable limitations). Sublandlord may continue this Sublease in full force and effect, and Sublandlord shall have the right to collect rent and other sums when due. During the period Subtenant is in Default, Sublandlord may enter the Premises and relet them, or any part of them, to third parties for Subtenant’s account and alter or install locks and other security devices at the Premises
9.4 All Sums Due and Payable as Rent . Subtenant shall also pay without notice, or where notice is required under this Sublease, immediately upon demand without any abatement, deduction, or setoff, as additional rent all sums, impositions, costs, expenses, and other payments which Subtenant in any of the provisions of this Sublease assumes or agrees to pay, and, in case of any nonpayment thereof, Sublandlord shall have, in addition to all other rights and remedies, all the rights and remedies provided for in this Sublease or by law in the case of nonpayment of rent.
9.5 No Waiver. Sublandlord may accept Subtenant’s payments without waiving any rights under the Sublease, including rights under a previously served notice of default. No payment by Subtenant or receipt by Sublandlord of a lesser amount than any installment of rent due or other sums shall be deemed as other than a payment on account of the amount due, nor shall any endorsement or statement on any check or accompanying any check or payment be deemed an accord and satisfaction; and Sublandlord may accept such check or payment without prejudice of Sublandlord’ s right to recover the balance of such rent or other sum or pursue any other remedy provided in this Sublease, at law or in equity. If Sublandlord accepts payments after serving a notice of default, Sublandlord may nevertheless commence and pursue an action to enforce rights and remedies under the previously served notice of default without giving Subtenant any further notice or demand. No waiver of any provision of this Sublease shall be implied by any fai lure of Sublandlord to enforce any remedy for the violation of that provision, even if that violation continues or is repeated. Any waiver by Sublandlord of any provision of this Sublease must be in writing. Such waiver shall affect only the provisions specified and only for the time and in the manner stated in the writing. No delay or omission in the exercise of any right or remedy by Sublandlord shall impair such right or remedy or be construed as a waiver thereof by Sublandlord. No act or conduct of Sublandlord, including, without limitation the acceptance of keys to the Premises shall constitute acceptance or the surrender of the Premises by Subtenant before the Expiration Date. Only written notice from Sublandlord to Subtenant of acceptance shall constitute such acceptance or surrender Item 1J - Page 11
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7 of the Premises. Sublandlord ’s consent to or approval of any act by Subtenant which requires Sublandlord’s consent or approval shall not be deemed to waive or render unnecessary Sublandlord ’s consent to or approval of any subsequent act by Subtenant.
9.6 Sublandlord Default . For purposes of this Sublease, Sublandlord shall not be deemed in default hereunder unless and until Subtenant shall first deliver to Sublandlord thirty (30) days ’ prior written notice, and Sublandlord shall fail to cure said default within said thirty (30) day period, or in the event Sublandlord shall reasonably require in excess of thirty (30) days to cure said default, shall fail to commence said cure with said thirty (30) day period, and thereafter diligently prosecute the same to completion.
10. Consent of Master Landlord . Subtenant acknowledges that the Master Lease requires that Sublandlord obtain the consent of Master Landlord to any subletting by Sublandlord. This Sublease shall not be effective unless and until Master Landlord signs a consent to this subletting satisfactory to Sublandlord. Subtenant will sign such consent if required by Master Landlord as reasonably presented by Master Landlord.
11. Notices and Payments . Any notice, demand, request, consent, approval, submittal or communication that either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class certified mail or commercial overnight delivery service. Such Notice shall be effective on the date of actual receipt (in the case of personal service or commercial overnight delivery service) or two days after deposit in the United States mail, to the following addresses:
To the Sublandlord: College of the Desert
43500 Monterey Ave.
Palm Desert, CA 92260
Attention: Raymond West III, Interim Vice President,
Administrative Services
To the Subtenant: City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager
When this Sublease requires service of a notice, that notice shall replace rather than supplement any equivalent or similar statutory notice, including any notices required by Code of Civil Procedure Section 1161 or any similar or successor statute. When a statute requires service of a notice in a particular manner, service of that notice (or a similar notice required by this Sublease) shall replace and satisfy the statutory service-of- notice procedures, including those required by Code of Civil Procedure Section 1162 or any similar or successor statute.
12. Holding Over . Subtenant shall have no right to holdover. If Subtenant does not surrender and vacate the Premises at the expiration or earlier termination of this Sublease, Subtenant shall be a tenant at sufferance, or at the sole election of Sublandlord, a month to month tenancy, and the parties agree in either case that the reasonable rental value, if at sufferance, or the Rent if a month to month tenancy shall be Rent at the greater of (1) the monthly rate of one hundred fifty percent (150%) of the monthly Rent set forth in Section 4, or (2) the rate of one hundred fifty percent (150%) of any and all Rent due to Master Landlord from Sublandlord under the holdover provisions of the Master Lease. In connection with the foregoing, Sublandlord and Subtenant agree that the reasonable rental value of the Premises following the expiration or earlier termination of the Sublease shall be the amounts set forth above per month. Sublandlord and Subtenant acknowledge and agree that, under the circumstances existing as of the Effective Date, it is impracticable and/or extremely difficult to ascertain the reasonable Item 1J - Page 12
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8 rental value of the Premises on the Expiration Date and that the reasonable rental value established herein is a reasonable estimate of the damage that Sublandlord would suffer as the result of the failure of Subtenant to timely surrender possession of the Premises. The parties acknowledge that the liquidated damages established herein is not intended as a forfeiture or penalty within the meaning of California Civil Code sections 3275 or 3369, but is intended to constitute liquidated damages to Sublandlord pursuant to California Civil Code sections 1671, 1676, and 1677. Notwithstanding the foregoing, and in addition to all other rights and remedies on the part of Sublandlord if Subtenant fails to surrender the Premises upon the termination or expiration of this Sublease, in addition to any other liabilities to Sublandlord accruing therefrom, Subtenant shall indemnify, defend and hold Sublandlord harmless from all Claims resulting from such failure, including, without limitation, any Claims by any third parties based on such failure to surrender and any lost profits to Sublandlord resulting therefrom.
13. Certified Access Specialist Disclosure. For purposes of Section 1938 of the California Civil Code, Sublandlord hereby discloses to Subtenant, and Subtenant hereby acknowledges, that to Sublandlord’s actual knowledge, the Premises have not undergone inspection by a CASp.
California Civil Code Section 1938 states:
“A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction- related accessibility standards within the premises.”
Notwithstanding anything to the contrary in the Sublease, Sublandlord and Subtenant hereby agree that Subtenant shall be responsible for (i) the payment of the fee for any CASp inspection that Subtenant desires, and (ii) making, at Subtenant ’s sole cost, any repairs necessary to correct violations of construction-related accessibility standards within the Premises, whether such violations occurred before or occur after the Effective Date, if such CASp inspection at Subtenant ’s request reveals a violation, provided that such repairs shall be in accordance with the terms of the Sublease. Subtenant hereby agrees that: any CASp inspecting the Premises shall be selected by Sublandlord or Master Landlord; Subtenant shall promptly deliver to Sublandlord and Master Landlord any CASp report regarding the Premises obtained by Subtenant; and Subtenant shall keep information contained in any CASp report regarding the Premises confidential, except as may be necessary for Subtenant or its agents to complete any repairs or correct violations with respect to the Premises that Subtenant agrees to undertake. Subtenant shall have no right to cancel or terminate the Sublease due to violations of construction- related accessibility standards within the Premises identified in a CASp report obtained during the Term.
14. Miscellaneous.
14.1 Interpretation. No presumption shall apply in the interpretation or construction of this Sublease as a result of Sublandlord having drafted the whole or any part hereof.
14.2 Waiver of Redemption. Subtenant hereby expressly waives any and all rights of redemption to which it may be entitled by or under any present or future laws in the event Sublandlord shall obtain a judgment for possession of the Premises.
14.3 Damage and Destruction; Condemnation . In the event of any damage, destruction, casualty, condemnation or threat of condemnation affecting the Premises, Rent payable Item 1J - Page 13
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9 hereunder shall be abated but only to the extent that Rent is abated under the Master Lease with respect to the Premises. Subtenant shall have no right to terminate this Sublease in connection with any damage, destruction, casualty, condemnation or threat of condemnation except to the extent the Master Lease is also terminated as to the Premises or any portion thereof.
14.4 Sublandlord’s Costs . In any case where Subtenant requests permission from Sublandlord and/or Master Landlord to assign, sublet, make alterations, or receive any other consent or obtain any waiver from or modification to the terms of this Sublease, Subtenant shall pay to Sublandlord or Master Landlord, as the case maybe, a reasonable administrative charge and reasonable attorney’s fees incurred in reviewing such request or such amount as set forth in this Sublease or Master Lease as the case may be.
14.5 Waiver of Damages . In no event shall Sublandlord be liable for, and Sub tenant hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Sublease.
14.6 Exhibits and Attachments . All exhibits and attachments to this Sublease are a part hereof.
[Signatures appear on following page]
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10 IN WITNESS WHEREOF, Sublandlord and Subtenant have executed and delivered this Sublease on the date first set forth above.
SUBLANDLORD: SUBTENANT:
DESERT COMMUNITY COLLEGE DISTRICT,
a California public agency
CITY OF PALM SPRINGS,
a charter city and municipal corporation organized
and operating under the laws of the State of
California
By: By:
Its: Its:
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A-1
EXHIBIT A
DESCRIPTION OF PREMISES
The area outlined in red on the site plan below represents the Subleased Premises.
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B-1
EXHIBIT B
MASTER LEASE
[See attached]
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C-1
EXHIBIT C
INITIAL IMPROVEMENT PLAN
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CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) FOR THE 2024 CALENDAR YEAR FOR FILING WITH THE CALIFORNIA DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT
RECOMMENDATION:
Accept the report as presented; and1.
Direct staff to make no changes to the report filed on April 3, 2025, with the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.
2. Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: M AY 14, 2025 CONSENT CALENDAR
SUBJECT: ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) FOR THE 202 4 CALENDAR YEAR FOR FILING WITH THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:
The City Council will consider accepting the Housing Element Annual Progress Report (APR) for calendar year 2024, pursuant to Government Code Section 65400.
RECOMMENDATION:
1. Accept the report as presented; and
2. Direct staff to make no changes to the report filed on April 3 , 20 25 with the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.
BACKGROUND:
California Government Code (“GC”) Section 65300 requires each city and county to adopt a General Plan, including seven mandatory elements. The mandated elements include Land Use, Open Space, Conservation, Circulation, Noise, Safety , and Housing. The Housing Element is a policy document that describes goals, policies and programs that are designed to facilitate the development, improvement, and preservation of housing for all income groups in a city or county. Palm Springs adopted an updated Housing Element in 2023 for the 2021-2029 planning period and approved the balance of the General Plan update in January 2025.
State law prescribes scope and content for a ll housing elements, to adequately plan to meet the housing needs of everyone in the community for each planning period. Part of this process involves the California Department of Housing and Community Development (“HCD”) calculating the housing need in each region of the state, followed by the Southern Item 1K - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
Housing Element – 2024 Annual Progress Report
California Association of Governments (“SCAG”) allocating the need amongst each jurisdiction in its region, resulting in the Regional Housing Needs A llocation Plan (commonly referred to as the “ RHNA” or “RHNA Plan” ). The RHNA Plan for the 2021- 2029 planning period required Palm Springs to plan for the following:
Palm Springs RHNA, 2021-2029
Household Income
Levels
Definition
(Percent of
County Median
Family Income)
Total Units Percent of Units
Extremely Low Less than 30% 272 10.5%
Very Low 31% to 50% 273 10.5%
Low 51% to 80% 408 16%
Moderate 81% to 120% 461 18%
Above Moderate Over 120% 1,143 45%
Total 2,557 100%
Source: SCAG, 2020
An annual report analyzing the City’s progress towards meeting the goals and policies of the Housing Element must be prepared by each agency and filed with HCD and the Governor’s Office of Planning and Research (“OPR”), in accordance with Government Code Section 65400. Such report must be considered at a public meeting before the legislative body where members of the public can provide oral testimony and written comments. Submitting the annual report to HCD and OPR ensures the C ity remains compliant with state law and remains eligible for state grant funding opportunities.
STAFF ANALYSIS:
The 2024 Housing Element Annual Progress Report (“APR” or “Report”) includes information on the C ity’s progress towards meeting its goals, policies and RHNA allocation numbers by income levels. The Report (Attachment A) is made up of twelve data tables: A, A2, B, C, D, E , F, F2, G, H, I and J . There is also a summary table that summarizes the data and a Local Early Action Planning (LEAP) Reporting table to update HCD on the status of the City’s application for funding. A summary of the data tables’ requirements and reported data contents for Palm Springs is provided below.
Table A – Housing Development Applications Submitted: This table includes data on housing units and developments for which an application was submitted (and deemed complete) between January 1st and December 31st of 2024. In table A, an “application” is a formal submittal of a project for approval. This application is either an application for a discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right) such as an application for a building permit.
In 2024, the Planning Department received application for 645 total residential units, 236 of which have the potential to be affordable or below market-rate.
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Housing Element – 2024 Annual Progress Report
Table A2 – Annual Building Permit Report Summary – New Construction, Entitled, Permits and Completed Units : This table includes information for very low, low moderate and above moderate income housing affordability categories and for mixed- income projects that received any one of the following: an entitlement, a building permit, or a certificate of occupancy or other form of readiness that was issued during the reporting year. However, it’s worth noting that only building permit s issued are used for the purposes of determining progress towards meeting the City’s RHNA requirement.
In 2024, the Planning Department completed entitlements for 261 units. Of these units, 197 were single-family homes in the “Escena” and “Miralon” projects.
In 2024, the Building Department issued permit approvals for 127 units, including:
• 34 low-income units,
• 11 moderate income units, and
• 82 above moderate-income units.
All single -family dwellings , as well as some condominium projects , were identified as above moderate-income units. The low- and moderate-income units included accessory dwelling units (there were 45 total ADUs permitted in 2024).
Table B – Regional Housing Needs Allocation Progress :
Table B is a summary of
prior permitting activity in the current planning cycle, including permitting activity for the calendar year being reported.
This table reports the number of units for which permits were issued to demonstrate progress in meeting the jurisdiction’s share of regional housing need for the planning period (2021-2029). The information in this table is automatically generated based on the data provided in Table A2.
The table below summarizes the City’s progress in meeting its RHNA allocation by income level through 2024.
Household Income Levels
RHNA
Allocation
2021-2029
Permitted Units
10/15/2021–
12/31/2024
Remaining
RHNA
Extremely Low (Less than 30% of
Area Median Family Income) 272 63 210
Very Low (31% to 50% AMFI) 273 36 174
Low (51% to 80% AMFI) 408 204 204
Moderate (81% to 120% AMFI) 461 62 399
Above Moderate (Over 120% AMFI) 1,143 563 580
Total 2,557 928 1629
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City Council Staff Report
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Housing Element – 2024 Annual Progress Report
Table C – Sites Identified or Rezoned to Accommodate Shortfall Housing Needs :
This table is used to identify Unaccommodated Need of sites from the previous planning period (per Government Code Section 65584.09); has a Shortfall of Sites as identified in the Housing Element (per Government Code Section 65583(c)(1)); or is identifying additional sites required by No Net Loss law (per Government Code Section 65863).
While the City did not have any such changes/data to report in 2024, it did redesignate two sites as part of the General Plan update – the United Methodist Church site and City- owned property on N . Gene Autry Trail. These projects are anticipated to advance and be captured in the 2025 reporting cycle.
Table D – Program Implementation Status pursuant to GC Section 65583 : Table D provides a list of each program/objective from the Housing Element; related timeframes for their completion; and an area for reporting the implementation progress for each program/objective.
With the certification of the City’s housing element by HCD on January 19, 2024, all newly established implementation programs were added to this table. Below are some highlights of programs that have been completed:
• Financial Incentives (Goal HS1.3) . Fee waivers were granted for the Aloe Palm Canyon affordable housing project.
• Inclusionary Housing & Commercial Linkage (Goal HS1.7) . The City hired a consultant to assist with economic feasibility study to provide the data and analysis needed to understand the impact of a commercial linkage fee and an inclusionary housing program on future development. The study was presented to the City Council in 2023, which directed staff to begin drafting an inclusionary and commercial linkage ordinance for future consideration. Further implementation is being considered as part of the comprehensive Zoning Code update. • Housing Rehabilitation (Goal HS 2.4). The City distributed funds to homeowners for a rehabilitation program and increased the allowable amount from $15,000 to $25,000 per homeowner.
• Homeownership and Building Intergenerational Wealth (Goal HS3.5) . T he City issued a Request for Proposals from qualified firms to purchase three properties and establish a Homeownership Opportunity Program on these properties. • Housing for People Living With Aids/HIV (HS5.2). Vista Sunrise II began occupancy in 2025 with 70 affordable units.
• Housing for Families (HS5.6). Monarch affordable apartments were occupied in March 2024.
Table E – Commercial Development Bonus Approved pursuant to GC Section 65915.7: Table E includes information for any commercial development bonuses during the reporting period.
The City had no information to report on this item during 2024.
Item 1K - Page 4
City Council Staff Report
May 14, 2025 -- Page 5
Housing Element – 2024 Annual Progress Report
Table F – Units Rehabilitated, Preserved and Acquired for Alter native Adequate Sites pursuant to GC Section 65583.1(c) : This table is used to report units that have been substantially rehabilitated, converted from non- affordable to affordable by acquisition, and preserved consistent with the standards set forth in Government Code Section 65583.1(c).
The City did not have any such changes/data to report in 2024.
Table F2 – Above Moderate-Income Units Converted to Moderate Income pursuant to GC Section 65400.2: This table allows jurisdictions to report units in existing multifamily building that were converted to deed- restricted rental housing for moderate- income households.
There were no reportable projects to identify in 2024 meeting the required criteria.
Table G – Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to GC S ection 65400.1: Added in 2019, table G requires jurisdictions to include a listing of sites owned by the locality that were included in the Housing Element sites inventory and were sold, leased, or otherwise disposed of during the reporting year.
The City did not have any such changes/data to report.
Table H – Locally Owned Surplus Sites. Added in 2020 (thru AB 1255) requires cities and counties to create an inventory of surplus lands defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the County or City that the County or City or any of its departments, agencies, or authorities owns or controls.
Fifteen sites were identified as Excess for properties throughout the City ranging from
0.02 to 41.6 acres in size.
Table J – Student Housing Development with a Density Bonus . This table is for reporting student housing development for lower income students for which a density bonus was granted, pursuant to Government Code Section 65915.
There was no reportable data in 2024.
Table K – Tenant Preference Policy. Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, pursuant to GC Section 7061.
The City doesn’t have a local tenant preference ordinance, which was identified on this table.
Item 1K - Page 5
City Council Staff Report
May 14, 2025 -- Page 6
Housing Element – 2024 Annual Progress Report
CONCLUSION:
The City submitted the 2024 Housing Element Annual Progress Report to HCD and OPR on April 3, 2025, in order to meet the statutory deadline for filing the Report. In accordance with Government Code requirements, this Report is being provided to City Council for consideration at a public meeting, allowing members of the public to review the report and provide comment. Following any public comments, Staff recommends the Council accept the Report as presented.
ENVIRONMENTAL ASSESSMENT
:
In accordance with the California Environmental Quality Act (CEQA), review and action on the APR must be reviewed to determine if it is subject to environmental review.
Because the APR is an informational report, it will have no physical impact on the environment, directly or indirectly. The APR is a planning study, which qualifies for a Statutory Exemption under Section 15262 of the CEQA Guidelines.
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. 2024 Annual Progress Report for the City’s Housing Element Item 1K - Page 6
ATTACHMENT A
Item 1K - Page 7
Jurisdiction Palm Springs
Reporting Year 2024
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 34
Deed
Restricted 0
Non-Deed
Restricted 11
82 127
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 2 0
Single-family Detached 45 62 0
2 to 4 units per structure 157 0 0
5+ units per structure 57 18 0
Accessory Dwelling Unit 2 45 0
Mobile/Manufactured Home 0 0 0
Total 261 127 0
Infill Housing Developments and Infill Units Permitted # of Projects Units 127 127
0 0
19Total Housing Applications Submitted:
Total Units
Housing Applications Summary
Note: Units serving extremely low-income households are included in the very low-income Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Very Low
Low
Moderate
Item 1K - Page 8
645
247
0 0
0 Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 0 0
Discretionary 19 645
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 41 0
Cells in grey contain auto-calculation formulas
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Use of SB 423 Streamlining Provisions - Applications
Number of SB 423 Streamlining Applications
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 423 Streamlining Permits
Number of SB 423 Streamlining Applications Approved
Item 1K - Page 9
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 3 4 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income
Deed
Restricted
Very Low-
Income
Non Deed
Restricted
Low-
Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Total
PROPOSED
Units by
Project
Total
APPROVED
Units by
project
Total
DISAPPROVE
D Units by
Project
Please select
state
streamlining
provision/s the
application was
submitted
pursuant to.
Did the
housing
development
application
seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were
incentives or
concessions
requested
pursuant to
Government
Code section
65915
approved?
Please
indicate the
status of the
application.
Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 0 0 1 0 236 408 645 247 0 513-363-003 1821 W
Crestview Dr SFR AR-2023-0081 SFD O
7/3/2023
1 1 1 NONE No No Approved Discretionary
Hillisde Home
669-800-001 Miralon Miralon MF PDD2024-0005 2 to 4 O
9/5/2024
157 157 157 NONE No No Approved Discretionary
Multifamily Development in
508-070-016 S Sunrise Way Sunrise Apartments AR-2023-0103 5+ R 7/31/2023
15 15 15 NONE No No Approved Discretionary
Rental Units
677-700-065 4109 Indigo St ADU ADU-2024-0008 ADU R
10/1/2024
1 1 1 NONE No No Approved Discretionary
Non-Standard ADU
504-400-011 1961 Vista
Palizada SFR AR-2024-0027 SFD O
4/9/2024
1 1 1 NONE No No Approved Discretionary
Hillside Home
669-730-058 803 Flamingo
Blvd SFR Miralon PDD-2024-0001 SFD O
2/5/2024
71 71 NONE No No Approved Discretionary
Miralon SFR
507-022-007 Cottonwood Rd 2 Unit Condo AR-2024-0071 SFA O 9/20/2024
2 2 NONE No No Pending Discretionary
504-310-027 1875 N Palm
Canyon Siena Townhomes AR-2024-0006 2 to 4 O
1/30/2024
65 65 NONE No No Pending Discretionary
Siena Architectural Review
513-192-001 TBD Hillside Home AR-2024-0092 SFD O 12/12/2024 1 1 NONE No No Pending Discretionary Hillside Home 677-040-022 TBD EVC/GAT CUP-2024-0012 5+ R
1/15/2024
232 232 NONE No No Pending Discretionary
Large Mixed Use Project
504-390-054 TBD SFR AR-2024-0076 SFD O 10/7/2024 1 1 1 NONE No No Approved Discretionary Hillside Home 507-273-008 1055 E Via
Colusa ADU ADU-2024-0010 ADU R
12/17/2024
1 1 1 NONE No No Approved Discretionary
Non-Standard ADU
504-400-018 2246 Monument
Ct SFR AR-2024-0073 SFD O
12/17/2024
1 1 1 NONE No No Approved Discretionary
Hillside Home
669-750-012 3984 Monroe Dr Miralon SFR PDD-2024-0007 SFD O 11/27/2024
25 25 NONE No No Pending Discretionary
Miralon SFR
504-161-008 2355 Milo Dr SFR AR-2024-0062 SFD O 8/8/2024 1 1 1 NONE No No Approved Discretionary Hillside Home 501-203-021 TBD SFR AR-2024-0072 SFD O 9/23/2024 1 1 1 NONE No No Approved Discretionary Hillside Home 512-300-038 467 Neutra St ADU ADU-2024-0007 ADU R
8/20/2024
1 1 NONE No No Pending Discretionary
Non-Standard ADU
677-250-071 TBD Escena SFR PDD-2024-003 SFD O
6/6/2024
40 40 40 NONE No No Approved Discretionary
Escena Final PD 40 units
501-433-004 2935 San Juan ADU ADU-2024-0006 ADU R
8/1/2024
1 1 NONE No No Approved Discretionary
Non-Standard ADU
508-034-020 450 Calle
Alvarado Dream Hotel Condos PDD-2024-0004 5+ O
6/14/2024
42 42 42 NONE No No Approved Discretionary
Final PDD for 42 Condos
511-232-018 2170 Caliente
Dr ADU ADU-2024-0005 ADU R
4/15/2024
1 1 1 NONE No No Approved Discretionary
Non-Standard ADU
Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
Item 1K - Page 10
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting
Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle
10/15/2021 -
10/15/2029
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
T e rm of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street
Address Project Name +
Local
Jurisdiction
Tracking ID
Unit
Category
(SFA,SFD,2
to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Ve ry Low-
Income
Deed
Restricted
Ve ry Low-
Income
Non Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date
Approved
# of Units
issued
Entitlements
Ve ry Low-
Income
Deed
Restricted
Ve ry Low-
Income
Non Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building
Permits Date
Issued
# of Units Issued
Building Permits
Ve ry Low-
Income
Deed
Restricted
Ve ry Low-
Income
Non Deed
Restricted
Low-
Income
Deed
Restricted
Low-
Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or
other forms of
readiness
(see instructions)
Date Issued
# of Units
issued
Certificates
of
Occupancy
or other
forms of
readiness
How many of
the units
were
Extremely
Low
Income?
Please select
the state
streamlining
provision the
project was
APPROVED
pursuant to.
(may select
multiple)
Infill Units?
Y/N+
Assistance
Programs for Each
Development
(may select
multiple - see
instructions)
Deed
Restriction
Type
(may select
multiple - see
instructions)
For units affordable
without financial
assistance or deed
restrictions, explain how
the locality determined
the units were affordable
(see instructions)
Term of
Affordability or
Deed Restriction
(years) (if affordable
in perpetuity enter
1000)+
Number of
Demolished/Destr
oyed Units
Demolished
or Destroyed
Units
Demolished
/Destroyed
Units
Owner or
Renter
Total Density Bonus
Applied to the Project
(Percentage Increase in
Total Allowable Units or
Total Maximum
Allowable Residential
Gross Floor Area)
Number of Other
Incentives,
Concessions,
Waivers, or Other
Modifications
Given to the
Project (Excluding
Parking Waivers
or Parking
Reductions)
List the
incentives,
concessions,
waivers, and
modifications
(Excluding
Parking
Waivers or
Parking
Modifications)
Did the project
receive a reduction
or waiver of parking
standards? (Y/N)
Notes +
Summary Row: Start Data Entry Below 0 0 0 2 0 15 244 261 0 0 0 34 0 11 82 127 0 0 0 0 0 0 0 0 0 0 513-363-003 1821 W
Crestview Dr SFR AR-2023-0081 SFD O 1 2/28/2024 1 1 1 0 NONE Y 508-070-016
S Sunrise Way Sunrise
Apartments AR-2023-0103
5+ R
15 12/3/2024
15 0 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
669-800-001 TBD Miralon MF PDD-2024-0005 2 to 4 O 157 12/5/2024 157 0 0 NONE Y 677-700-065
4109 Indigo St ADU ADU-2024-0008
ADU R
1 11/21/2024
1 0 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
504-400-011 1961 Vista
Palizada SFR AR-2024-0027 SFD O 1 12/3/2024 1 0 0 NONE Y 501-203-021 TBD SFR AR-2024-0072 SFD O 1 12/3/2024 1 0 0 NONE Y 677-250-071 TBD SFR PDD001-2023 SFD O 40 7/24/2024 40 0 0 NONE Y 513-570-0001 211 Ridge
Mountain Dr SFR AR-2024-0049 SFD O 1 10/24/2024 1 0 0 NONE Y 504-400-040 2215 Vista
Distancia SFR AR-2023-0120 SFD O 1 7/29/2024 1 0 0 NONE Y 501-433-004
2935 San Juan ADU ADU-2024-0006
ADU R
1 8/28/2024
1 0 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
508-034-020 450 Calle
Alvarado
Dream Hotel
Condos PDD-2024-0004 5+ O 42 6/24/2024 42 0 0 NONE Y
505370016
977 Las Palmas
Estates
Palm Springs, CA
92262
BLDR-2023-1532
SFD O
0 1
2/28/2024
1 0 NONE Y
504192034
2100 T uscan RD
Palm Springs CA 2022-5137-110062 SFD O 0 1 2/5/2024 1 0 NONE Y 501445003
3141 E SAN JUAN
RD
PALM SPRINGS, CA
92262
BLDR-2024-4990
SFD O
0 1
12/6/2024
1 0 NONE Y
669730001
798 FLAMINGO
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-3715
SFD O
0 1
5/13/2024
1 0 NONE Y
510140013
2805 ANZA TR
PALM SPRINGS, CA
92264 BLDR-2024-3021
SFD O
0 1
9/7/2024
1 0 NONE Y
669730002
784 FLAMINGO
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-3716
SFD O
0 1
5/13/2024
1 0 NONE Y
680180051
6574 T esla LN
Palm Springs CA BLDR-2023-0572 SFD O 0 1 3/7/2024 1 0 NONE Y 680180051
6576 T esla LN
Palm Springs, CA
92264 BLDR-2023-0606
SFD O
0 1
3/7/2024
1 0 NONE Y
669740044
248 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-4496
SFD O
0 1
8/21/2024
1 0 NONE Y
680621038
6512 34th Avenue
Palm Springs CA BLDR-2023-0809
SFD O
0 1
3/7/2024
1 0 NONE Y
505370021
793 Las Palmas
Estates Drive
Palm Springs, CA
92262
BLDR-2023-2050
SFD O
0 1
2/14/2024
1 0 NONE Y
669740041
296 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-4490
SFD O
0 1
8/20/2024
1 0 NONE Y
513361003
322 W Crestview
DR
Palm Springs, CA
92264-
2023-443-121026
SFD O
0 1
12/16/2024
1 0 NONE Y
513600053
751 Obsidian
Loop W
Palm Springs CA BLDR-2023-1722
SFD O
0 1
7/30/2024
1 0 NONE Y
504083001
409 Y orba RD
Palm Springs, CA
92262- 2021-3834-102367
SFD O
0 1
5/22/2024
1 0 NONE Y
501445003
3123 E SAN JUAN
RD
PALM SPRINGS, CA
92262
BLDR-2024-4989
SFD O
0 1
12/12/2024
1 0 NONE Y
669730001
798 FLAMINGO
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-3197
SFD O
0 1
5/10/2024
1 0 NONE Y
669730003
766 FLAMINGO
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-3717
SFD O
0 1
5/13/2024
1 0 NONE Y
505370022
839 LAS PALMAS
ESTATES DR
PALM SPRINGS CA BLDR-2024-3674
SFD O
0 1
7/30/2024
1 0 NONE Y
669441029
171 Vista Agave
Palm Springs CA 2023-375-120951 SFD O 0 1 2/12/2024 1 0 NONE Y 669740042
280 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-4494
SFD O
0 1
8/20/2024
1 0 NONE Y
669780019
3256
AMBASSADOR DR
PALM SPRINGS, CA
92262
BLDR-2024-4425
SFD O
0 1
8/8/2024
1 0 NONE Y
669740043
264 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-4495
SFD O
0 1
8/20/2024
1 0 NONE Y
680621038
6524 34th Avenue
Palm Springs CA BLDR-2023-0805
SFD O
0 1
3/7/2024
1 0 NONE Y
669760030
656 PALLADIUM
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-4430
SFD O
0 1
8/8/2024
1 0 NONE Y
669740060
283 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-4498
SFD O
0 1
8/21/2024
1 0 NONE Y
505370025
747 Las Palmas
Estates Drive
Palm Springs, CA
92262
BLDR-2023-2142
SFD O
0 1
2/27/2024
1 0 NONE Y
504400001
2399 City View DR
Palm Springs CA 2022-4189-109018
SFD O
0 1
4/10/2024
1 0 NONE Y
669740059
265 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-4497
SFD O
0 1
8/20/2024
1 0 NONE Y
669740063
337 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-4501
SFD O
0 1
8/20/2024
1 0 NONE Y
513570014
110 Ridge
Mountain DR
Palm Springs CA 2023-394-120971
SFD O
0 1
6/25/2024
1 0 NONE Y
669780018
3238
AMBASSADOR DR
PALM SPRINGS, CA
92262
BLDR-2024-4426
SFD O
0 1
8/8/2024
1 0 NONE Y
510140057
2801 ANZA TRAIL
PALM SPRINGS, CA
92264 BLDR-2024-3072
SFD O
0 1
6/17/2024
1 0 NONE Y
505370026
715 Las Palmas
Estates
Palm Springs CA BLDR-2023-1534
SFD O
0 1
2/14/2024
1 0 NONE Y
510340003
1711 PINNACLE
POINT
PALM SPRINGS, CA
92264
BLDR-2023-2201
SFD O
0 1
5/9/2024
1 0 NONE Y
669740061
301 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-4499
SFD O
0 1
8/20/2024
1 0 NONE Y
669401008
265 T ramview RD
Palm Springs CA 2023-575-121166 SFD O 0 1 3/22/2024 1 0 NONE Y 669760049
222 PALLADIUM
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-4427
SFD O
0 1
8/8/2024
1 0 NONE Y
669740062
319 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-4500
SFD O
0 1
8/20/2024
1 0 NONE Y
512260004
3100 GOLDENROD
LN
PALM SPRINGS, CA
92262
BLDR-2023-1645
SFD O
0 1
6/4/2024
1 0 NONE Y
504054019
2737 Junipero
AVE
Palm Springs CA 2022-5299-110244
SFD O
0 1
6/5/2024
1 0 NONE Y
504054018
2732 N Cardillo
AVE
Palm Springs, CA
92262-
2022-5298-110243
SFD O
0 1
6/5/2024
1 0 NONE Y
512320028
3222 Las Brisas
WAY
Palm Springs CA 2022-5138-110063
SFD O
0 1
4/16/2024
1 0 NONE Y
669740054
175 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-5155
SFD O
0 1
11/20/2024
1 0 NONE Y
669740055
193 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-5156
SFD O
0 1
11/20/2024
1 0 NONE Y
669740056
211 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-5157
SFD O
0 1
11/20/2024
1 0 NONE Y
505231002
1150 VIA MONTE
VI STA
PALM SPRINGS, CA
92262
BLDR-2023-2060
SFD O
0 1
3/18/2024
1 0 NONE Y
669760050
210 PALLADIUM
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-4428
SFD O
0 1
8/8/2024
1 0 NONE Y
669760031
634 PALLADIUM
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-4429
SFD O
0 1
8/8/2024
1 0 NONE Y
669740057
229 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-5158
SFD O
0 1
11/20/2024
1 0 NONE Y
669740058
247 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-5160
SFD O
0 1
11/21/2024
1 0 NONE Y
669740047
200 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-5153
SFD O
0 1
11/20/2024
1 0 NONE Y
669740046
216 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-5152
SFD O
0 1
11/20/2024
1 0 NONE Y
669393014
578 Avenida
Cerca
Palm Springs CA 2021-2439-100884
SFD O
0 1
1/8/2024
1 0 NONE Y
504400032
2579 City View DR
Palm Springs, CA
92262 BLDR-2023-0245
SFD O
0 1
12/3/2024
1 0 NONE Y
669395018
416 Rosa Parks
RD
Palm Springs, CA
92262-
2023-576-121167
SFD O
0 1
10/24/2024
1 0 NONE Y
669402002
361 Sunview A VE
Palm Springs CA 2022-3521-108276 SFD O 0 1 10/24/2024 1 0 NONE Y Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Item 1K - Page 11
I
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting
Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle
10/15/2021 -
10/15/2029
Note: "+" indicates an optional field
513600008
195 Morganite
Dr.
Palm Springs CA BLDR-2023-1706
SFD O
0 1
6/11/2024
1 0 NONE Y
504400040
2215 VISTA
DIST ANCIA CT
PALM SPRINGS, CA
92262
BLDR-2024-3172
SFD O
0 1
12/17/2024
1 0 NONE Y
669740045
232 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-5151
SFD O
0 1
11/20/2024
1 0 NONE Y
669740048
184 MUST ANG LN
PALM SPRINGS, CA
92262 BLDR-2024-5154
SFD O
0 1
11/20/2024
1 0 NONE Y
513600057
777 S Palm
Canyon DR
Palm Springs, CA
92264-
BLDC-2024-0529
5+ O
0 1
3/27/2024
1 0 NONE Y
505182005
1424 Camino
Norte
Palm Springs CA BLDC-2024-0551
5+ O
0 1
4/15/2024
1 0 NONE Y
505182005
1424 CAMINO
NORTE
PALM SPRINGS, CA
92262
BLDC-2024-0765
5+ O
0 1
8/21/2024
1 0 NONE Y
505182005
185 PENA LN
PALM SPRINGS, CA
92262 BLDC-2024-0944
SFD O
0 1
8/30/2024
1 0 NONE Y
513600017
736 E Obsidian
LOOP Unit: Bldg C
Unit 69 BLDC-2024-0742
5+ O
0 1
7/18/2024
1 0 NONE Y
513600067
732 E Obsidian
LOOP Unit: Bldg C
Unit 71 BLDC-2024-0744
5+ O
0 1
7/18/2024
1 0 NONE Y
513600067
738 E Obsidian
LOOP Unit: Bldg C
Unit 68 BLDC-2024-0741
5+ O
0 1
7/23/2024
1 0 NONE Y
513600067
734 E Obsidian
LOOP Unit: Bldc C
Unit 70 BLDC-2024-0743
5+ O
0 1
7/18/2024
1 0 NONE Y
513600067
730 E Obsidian
LOOP Unit: Bldg C
Unit 72 BLDC-2024-0745
5+ O
0 1
7/18/2024
1 0 NONE Y
513600067
718 E Obsidian
LOOP Unit: Build
B Unit 73
Palm Springs CA
BLDC-2024-0731
5+ O
0 1
7/13/2024
1 0 NONE Y
513600067
716 E Obsidian
LOOP Unit: Build
B Unit 74
Palm Springs CA
BLDC-2024-0732
5+ O
0 1
7/13/2024
1 0 NONE Y
513600067
712 E Obsidian
LOOP Unit: Bldg B
Unit 76 BLDC-2024-0739
5+ O
0 1
7/18/2024
1 0 NONE Y
513600067
710 E Obsidian
LOOP Unit: Bldg B
Unit 77 BLDC-2024-0740
5+ O
0 1
7/23/2024
1 0 NONE Y
513600067
714 E Obsidian
LOOP Unit: Bldg B
Unit 75 BLDC-2024-0738
5+ O
0 1
7/23/2024
1 0 NONE Y
505182005
183 PENA LN
PALM SPRINGS, CA
92262 BLDC-2024-0943
SFA O
0 1
8/30/2024
1 0 NONE Y
505182005
181 PENA LN
PALM SPRINGS, CA
92262 BLDC-2024-0942
SFA O
0 1
8/30/2024
1 0 NONE Y
513600057
708 Obsidian
LOOP E Unit:
Build A Unit 78
Palm Springs CA
BLDC-2024-0858
5+ O
0 1
7/23/2024
1 0 NONE Y
513600067
706 Obsidian
LOOP E Unit: Bldg
A Unit 79
Palm Springs CA
BLDC-2024-0859
5+ O
0 1
7/23/2024
1 0 NONE Y
513600067
702 Obsidian
LOOP E Unit: Bldg
A Unit 81
Palm Springs CA
BLDC-2024-0861
5+ O
0 1
7/23/2024
1 0 NONE Y
513600067
704 Obsidian
LOOP E Unit: Bldg
A Unit 80
Palm Springs CA
BLDC-2024-0860
5+ O
0 1
7/23/2024
1 0 NONE Y
513600067
700 Obsidian
LOOP E
Palm Springs CA BLDC-2024-0862
5+ O
0 1
7/18/2024
1 0 NONE Y
501445003
3141 E SAN JUAN
RD
PALM SPRINGS, CA
92262
BLDR-2024-4990
ADU R
0 1 12/6/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
504083001
409 Y orba RD
Palm Springs, CA
92262- 2021-3834-102367
ADU R
0 1 5/22/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
501445003
3123 E SAN JUAN
RD
PALM SPRINGS, CA
92262
BLDR-2024-4989
ADU R
0 1 12/12/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
513600053
751 Obsidian
Loop W
Palm Springs CA BLDR-2023-1722
ADU R
0 1 7/30/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
505370022
839 LAS PALMAS
ESTATES DR
PALM SPRINGS CA BLDR-2024-3674
ADU R
0 1 7/30/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
669780019
3256
AMBASSADOR DR
PALM SPRINGS, CA
92262
BLDR-2024-4425
ADU R
0 1 8/8/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
669760030
656 PALLADIUM
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-4430
ADU R
0 1 8/8/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
505370025
747 Las Palmas
Estates Drive
Palm Springs, CA
92262
BLDR-2023-2142
ADU R
0 1 2/27/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
669780018
3238
AMBASSADOR DR
PALM SPRINGS, CA
92262
BLDR-2024-4426
ADU R
0 1 8/8/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
505370026
715 Las Palmas
Estates
Palm Springs CA BLDR-2023-1534
ADU R
0 1
2/14/2024
1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
669760049
222 PALLADIUM
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-4427
ADU R
0 1 8/8/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
512260004
3100 GOLDENROD
LN
PALM SPRINGS, CA
92262
BLDR-2023-1645
ADU R
0 1
6/4/2024
1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
512320028
3222 Las Brisas
WAY
Palm Springs CA 2022-5138-110063
ADU R
0 1 4/16/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
669760031
634 PALLADIUM
B LVD
PALM SPRINGS, CA
92262
BLDR-2024-4429
ADU R
0 1
8/8/2024
1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
513600008
195 Morganite
Dr.
Palm Springs CA BLDR-2023-1706
ADU R
0 1 6/11/2024 1 0 NONE Y
When using SCAG's Regional
ADU affordability anlalysis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
511091008 1445 PLA TO CIR
PALM SPRINGS, CA
92264 BLDR-2024-3113
ADU R
0 1
5/8/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
508441007
1570 CALLE DE
MARIA
PALM SPRINGS, CA
92264
BLDR-2023-2403
ADU R
0 1
4/26/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
511032009
1041 TWIN
PALMS DR
PALM SPRINGS, CA
92264
BLDR-2024-3395
ADU R
0 1
7/9/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
512340015 1049 BELLA VIST A
PALM SPRINGS, CA
92264 BLDR-2024-3144
ADU R
0 1
5/31/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
501445003
3141 E SAN JUAN
RD
PALM SPRINGS, CA
92262
BLDR-2024-4990
ADU R
0 1
12/6/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
507082027
636 PASEO EL
MIRADOR
PALM SPRINGS, CA
92262
BLDR-2023-2777
ADU R
0 1
3/22/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
680134011
4034 E CALLE SAN
RAPHAEL
PALM SPRINGS, CA
92262
BLDR-2023-2307
ADU R
0 1
2/13/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
669383004
473 W SUNVIEW
AVE
PALM SPRINGS, CA
92262
BLDR-2024-3185
ADU R
0 1
9/16/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
511035013
1111 E PALM
CANYON DR Uni t:
103
PALM SPRINGS, CA
92264
BLDR-2024-3970
ADU R
0 1
7/4/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
502073003
1945 E EL ORO
WAY
PALM SPRINGS, CA
92262
BLDR-2023-1361
ADU R
0 1
3/22/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
507081001 600 E Mel A VE
PALM SPRINGS, CA
92262 BLDR-2023-0548
ADU R
0 1
1/17/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
507450014 564 N Cantera CIR
Palm Springs, CA
92262- 2023-1275-121898
ADU R
0 1
5/7/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
501130043 2197 JACQUES DR
PALM SPRINGS, CA
92262 BLDR-2024-2929
ADU R
0 1
5/15/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
504083001 409 Y orba RD
Palm Springs, CA
92262- 2021-3834-102367
ADU R
0 1
5/22/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
501442007
1910 LOS ALAMOS
RD
PALM SPRINGS, CA
92262
BLDR-2023-1362
AD U R
0 1
2/13/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
Item 1K - Page 12
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting
Year 2024
(Jan. 1 - Dec.
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle
10/15/2021 -
10/15/2029
Note: "+" indicates an optional field
501445003
3123 E SAN JUAN
RD
PALM SPRINGS, CA
92262
BLDR-2024-4989
ADU R
0 1
12/12/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
507141023
1030 TACHEVAH
DR
PALM SPRINGS, CA
92262
BLDR-2024-5173
ADU R
0 1
11/15/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
508143008 588 VIST A DE ORO
PALM SPRINGS, CA
92264 BLDR-2023-2172
ADU R
0 1
2/2/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
680054003 642 DESERT WA Y
PALM SPRINGS, CA
92264 BLDR-2023-0380
ADU R
0 1
3/19/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the moderate
income category
502074006 289 CERRITOS DR
PALM SPRINGS, CA
92262 BLDR-2023-2645
ADU R
0 1
2/13/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
508353012
443 AVENIDA
ORTEGA
PALM SPRINGS, CA
92264
BLDR-2023-1671
ADU R
0 1
2/6/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
504221003
2325 Girasol A VE
Palm Springs CA 2022-3812-108608
ADU R
0 1
4/1/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
505072002
1210 LOS ROBLES
DR
PALM SPRINGS, CA
92262
BLDR-2023-2289
ADU R
0 1
2/27/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
680074012
4490 CAMINO
PAROCELA
PALM SPRINGS, CA
92264
BLDR-2023-0882
ADU R
0 1
11/5/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
501433004
2935 SAN JUAN
RD
PALM SPRINGS, CA
92262
BLDR-2024-3741
ADU R
0 1
9/27/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
508181005
767 E SUNNY
DUNES RD E
PALM SPRINGS, CA
92264
BLDR-2023-0382
ADU R
0 1
1/31/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
512300038 467 NEUTRA ST
PALM SPRINGS, CA
92264 BLDR-2024-4239
ADU R
0 1
10/3/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
508201002
837 S RIVERSIDE
DR
PALM SPRINGS, CA
92264
BLDR-2024-5058
ADU R
0 1
12/18/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
501271013
2450 E DEL LAGO
RD
PALM SPRINGS, CA
92262
BLDR-2024-3474
ADU R
0 1
10/12/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
512210040
1405 AVENIDA
SEVILLA
PALM SPRINGS, CA
92264
BLDR-2024-3167
AD U R
0 1
6/29/2024
1 0 NONE Y
When using SCA G's Regional
A DU affordability anlaly sis, it can
be assumed that a 2-person
household would likely occupy
the unit and fulfill the Low
income category
Item 1K - Page 13
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units to
Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - 53 32 - - - - - - Non-Deed Restricted 10 1 - 3 - - - - - - Deed Restricted - - 66 37 - - - - - - Non-Deed Restricted 2 1 21 43 34 - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - 14 37 11 - - - - - Above Moderate 1,143 62 39 294 86 82 - - - - - 563 580 2,557
74 41 448 238 127 - - - - - 928 1,629 5 6 7
Extremely low-
Income Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
273 - 35 28 - - - - - - 63 210 204
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income housing need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 399
99 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 62 Moderate
545
408
461
Please contact HCD if your data is different than the material supplied here 204
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
446
Item 1K - Page 14
I
I I
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of
Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of
Rezone
Very Low-
Income Low-Income Moderate-
Income
Above
Moderate-
Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning
Minimum
Density
Allowed
Maximum
Density
Allowed
Realistic
Capacity Vacant/Nonvacant Description of
Existing Uses
677540036 12-66 N Gene Autry Tr City Affordable
Housing
1/9/2025 40 50 45 Unaccommodated
Need
4.78 High Denity
Residential
R-3 15 du/ac 30 du/ac 135 Non-Vacant Vacant
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Item 1K - Page 15
I I I I I I I I • I I I I I I I
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation HS1.1 Adequate Sites
1. Maintain an inventory and map of sites
available for residential development and
provide at the front counter upon request.
2. If
shortfall
occurs,
select
sites
for
r
edesignating for mixed use housing along
major corridors, and underutilized
commercial areas, and other locations.
3. Monitor t
he
av
ailability of s
ites t
o
ens
ure there is no net loss in capacity at
appropriate densities to accommodate the
RHNA in accordance with SB 166.
4. Report pr
ogress i
n
hous
ing
c
onstruction on an annual basis as part of
the preparation of the Annual Progress
Report.
5. Should
i
nsufficient r
esidential s
ites f
or
t
he RHNA occur, rezone adequate sites
within 180 days to address the remaining
shortfall by income category.
1. Annually .
2. Annually .
3. Annually .
4. Annually as par
t of A
PR.
5. Annually .
Land i
nventory maintained at counter and provided to interested parties as requested.
No shortfall of sites.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 Item 1K - Page 16
HS1.2 Regulatory
Incentives
1. Continue to process minor modifications,
density bonuses, General Plan
amendments, and zone changes for
projects that further City housing goals.
2. Allow f
or t
he
w
aiver of under
grounding
utilities for residential projects where a DDA
is recorded for long term covenants that
provide deed restricted affordable housing.
3. Encourage/allow f
or t
he
c
onsolidation/mergers, and lot line
adjustments of lots less than one acre in
size to facilitate affordable housing. Provide
technical assistance as needed.
1. As pr ojects s ubmitted.
2. As pr
ojects s
ubmitted.
3. As pr
ojects s
ubmitted.
P
rocessing applications as submitted.
HS1.3 Financial Incentives
1. Approve fee reductions and waivers and
other financial assistance, where feasible,
for lower income housing in accordance
with Res. 24654.
2. Continue
t
o
appr
ove
f
ee
def
errals,
r
eductions, and waivers for multifamily
apartments, condominiums and
ADUs/JADUs that serve middle income
housing.
3. Promote
f
inancial and
dev
elopment
as
sistance programs to the community on
an annual basis
1. As pr ojects s ubmitted.
2. As pr
ojects s
ubmitted.
3. Annually .
F
ee waivers granted for Aloe Palm Canyon project.
Item 1K - Page 17
HS1.4 Accessory Dwelling
Units
1. Monitor ADU production and
affordability as part of the annual APR; if
production or affordability falls below levels
needed to satisfy the unmet RHNA, rezone
sites needed within 6 months.
2. Direct
20%
of A
DUs
in
HRIA
of
which
50% ar
e
af
fordable
t
o
l
ower i
ncome
hous
eholds. If ADU assumptions in HRIA
areas do not actualize by 2025, identify at
least 2 mixed use sites in the HRIA for
rezone to residential.
3. Create
and
m
aintain
a
v
olunteer r
ental
r
egistry by mid-2024 that allows owners to
advertise ADUs and links prospective lower
income renters to ADUs.
4. Facilitate
and
s
treamline
A
DU
appr
ovals through the drafting and use of
pre-approved plans. Distribute targeted
educational materials to residents via ONE-
PS.
1. Annually .
2. Annually; 2025/
2026.
3. End
of 2024.
4. End
of 2024.
I
n 2024, the City issued permits for 45 ADU's which is inline for the projected ADUs in the Housing Element.
HS1.5 Small Lot Housing
1. Review existing land use designations
and make amendments as needed to
provide opportunities for middle income
housing.
2. Create
i
ncentives and
des
ign
gui
delines to facilitate and encourage such
housing.
3. Amend
C
ity’s S
B9
or
dinance
t
o
be
m
ore
per
missive than state law, allowing larger
units and nonprofit developers to
build/subdivide SB9 projects.
1. End of 2024.
2. End
of 2024.
3. Ordinance
2026; S
B9
uni
ts 2028
O
ngoing
Item 1K - Page 18
HS1.6 Hotel Conversion
1. Facilitate the conversion of hotels
and/or motels to apartments where
appropriate to encourage the development
of apartments.
2. Consider r
egulations f
or hot
el
c
onversions and, if needed, revise
accordingly to facilitate conversions of
hotels to apartments.
1. Ongoing.
2. End
of 2024. O ngoing
HS1.7 Inclusionary
Housing and Commercial
Linkage Fee
1. Study the feasibility of an IHO and CLF
ordinance, its impact on the housing
market, developers, the local economy, and
production of affordable housing, present
findings to City Council and, if directed,
prepare ordinance for City Council
adoption.
2. If IHO or CLF program is approved, use
of funds should consider strategies for
affordable housing rehabilitation,
preservation, and/or new construction and
prioritized to address AFH considerations or
disadvantaged communities.
1. 2023-2024.
2. 2024.
T
he city hired a consultant to assist with an economic feasibility study to provide the data and analysis needed to understand the impact of a commercial linkage fee and an inclusionary housing program on future development. On July 24, 2023, the study was presented to the City Council, which directed staff to begin drafting an inclusionary and commercial linkage ordinance for future consideration. The ordinance is being incoprrated into the City's ongoing comprehensive zone code update, which will be completed in 2026.
Item 1K - Page 19
HS1.8 Zoning Code
Updates
1. Review land use designations, zoning
districts, and development standards to
identify inconsistencies. Make changes to
resolve actual inconsistencies.
2. Examine
need
f
or and
f
easibility of
par
king space modifications for residential
uses to facilitate the development of quality
multiple-family projects.
3. Amend
z
oning
c
ode
and
adm
inistrative
pr
ocesses to comply with SB 35 (Density
Bonus) and SB 330 (Expedited Permit
Streamlining) for qualified residential
projects.
4. Increase
t
he
num
ber of s
tories al
lowed
t
o 3 stories in the R-3 and R-4 zones,
revise height limit to accommodate 12 feet
per story, and revise open space/
performance standard in each zone to
ensure maximum density can be achieved
in each zone.
1. Annually .
2. End
of 2024.
3. End
of 2024.
4. End
of 2024.
O
n September 14, 2023, the City Council approved the annual zoning code update.
The update is expected to be completed in 2026.
Item 1K - Page 20
HS1.9 Variety of Housing
1. Amend the zoning code to revise
provisions for emergency shelters,
transitional and supportive housing, and low
barrier navigation centers in accordance
with state law.
2. Amend
t
he
z
oning
c
ode
t
o
al
low
ac
cessory dwelling units and junior
accessory dwelling units consistent with AB
897 as codified in Gov’t Code §65852.2 and
62852.22.
3. Amend
t
he
z
oning
c
ode
t
o
r
evise
c
odes
and per
mitting process for residential care
facilities to remove barriers to housing for
disabled people (Program 5.5).
4. Amend
z
oning
c
ode
t
o
def
ine
em
ployee
hous
ing, specify zones where such uses
are permitted, and develop a by-right permit
process per H SC §17021. 5 and 17021. 6.
(
Program 5.4).
1. End of 2024.
2. End
of 2023.
3. End
of 2024.
4. End
of 2024.
C
omprehensive code update commencing in 2024 to be completed in 2026.
HS2.1 Design Standards
1. Implement residential design standards
through architectural review of residential
projects.
2. Adopt obj
ective
r
esidential
dev
elopment and design standards
consistent with SB 330 requirements.
1. As pr ojects s ubmitted.
2. End
of 2024. C omprehensive code update commencing in 2024 to be completed in 2026.
HS2.2 Historic
Preservation
1. Implement the historic preservation
ordinance for residential structures and
encourage Mills Act designations for eligible
properties.
2. Continue
t
o
updat
e
t
he
H
istoric
R
esources Survey (preferably every five
years as recommended by OHR) and
identify additional structures for designation
as Class 1 or Class 2.
1. As pr ojects s ubmitted.
2. As pr
ojects s
ubmitted. O ngoing
Item 1K - Page 21
HS2.3 Property
Maintenance
1. Implement code enforcement using a
progressive approach of voluntary
compliance, administrative citations, and
court action; refer violations to programs
offering funding to make repairs.
2. Provide
out
reach
and
educ
ation
on
c
ode-related requirements with fliers;
distribute at public counter, through social
media, and at community centers; provide
consultations to advise residents.
1. Ongoing.
2. Ongoing. O ngoing
HS2.4 Housing
Rehabilitation
1. Expand homeowner rehabilitation
program to include $275,00 annually,
subject to council approval; increase
maximum grant amount to $15,000 unit. (at
least 25 units/annually)
2. Prioritize
V
LI hous
eholds and
t
arget
di
sadvantaged neighbor-hoods through
affirmatively marketing via ONE-PS and
fliers.
3. Explore
w
ays t
o
i
mprove
t
he
phy
sical
c
ondition of trailers and mobile homes;
review state NOFAs as they become
available.
1. Annually .
2. Annually .
3. End
of 2024.
C ity distributed funds to homeowners for rehabilitation program and increased allowable amount from $15,000 to $25,000 per homeowner.
HS2.5 Developmern
Processing
1. As part of annual process of reviewing
zoning code regulations for cleanup items,
revisit development review process
2. If needed, pr
opose
m
odifications t
o
t
he
dev
elopment process in light of current
building activity and resource availability
1. Annually .
2. Annually .
Made revisions to zoning code as part of annual amendments approved on September 14, 2023, including improvments to ensure clarity of approval timelines and flexibility for Planned Development Districts. Further enhancements are being considered as part of the comprehensive code update to be completed in 2026.
Item 1K - Page 22
HS2.6 Mobilehome Park
Preservation and
Expansion
1. Collaborate with HCD on park
inspection; enforce compliance with
maintenance codes and offer home rehab
assistance
2. Explore
f
easibility of a
C
rime
F
ree
Mul
ti-
Housing program in conjunction with the
Police Department
3. Explore/facilitate
opt
ions f
or f
acilitating
r
esident ownership of mobile home parks
4. Evaluate/revise
dev
elopment s
tandards
f
or mobile home parks to allow expansion
and encourage development of new parks
1. Annually .
2. End
of 2024.
3. End
of 2024.
4. 2024.
O
ngoing
HS2.7 Neighborhood
Services
1. Support, promote, and work with
recognized neighborhoods organizations to
improve and maintain neighborhoods
2. Evaluate
w
ays t
o
enc
ourage
and
i
ncrease participation of multifamily and
mobilehome parks in Neighborhood
Organizations
3. Assist i
n
out
reaching
t
o
and
engagi
ng
hi
storically disadvantaged neighborhoods
(See Program HS5.9
1. Ongoing.
2. Ongoing.
3. One
y
ear of H
E
adopt
ion.
O
ngoing
HS2.8 Capital
Improvements
1. Prepare and implement CIP projects to
improve infrastructure and public facilities
citywide.
2. Prioritize
pr
ojects i
n
di
sadvantaged
nei
ghborhoods to the extent possible (See
Program HS5.9).
3. Include
c
apital i
mprovements t
o
D
H
and D
emuth parks, school and community
gardens, and bicycle routes in Table 3-34.
1. Annually .
2. Annually .
3. Table
3-
34. O
ngoing
Item 1K - Page 23
HS2.9 Neighborhood
Safety
1. Implement and support Neighborhood
Watch programs in each of Palm Springs
neighborhoods.
2. Implement gr
ants t
o
r
educe
dr
ug
us
e
and r
educe crime and violence in Desert
Highlands and San Rafael areas.
3. Investigate
i
mplementing
C
rime
F
ree
Mul
ti housing Program to improve safety
within multiunit housing.
1. Annually .
2. 2023-2026.
3. End
of 2024.
O
ngoing
HS2.10 Economic
Development
1. Continue to develop the IHub campus
to build and grow renewable energy based
companies and work with the College of the
Desert to build a campus in the City.
2. Complete
br
oadband
m
aster pl
an
t
o
as
sess coverage and plan to serve
underserved neighborhoods; program
projects into the Capital Improvement
Program.
3. Implement c
ommunity w
orkforce
agr
eement t
hat r
eserves 30% of t
he
t
otal
hour
s of qualified public works projects
(over $1 million) for disadvantaged groups.
1. Annual.
2. End
of 2024.
3. By J
an
2023.
Ongoing
On March 23, 2023, the City Council approved a four-year contract with the Solis Group to provide Community Workforce Administration Services. As of 2024, the City has undertaken seven public works projects involved a CWA.
HS3.1 Rental Assistance
1. Support County's HCV program;
continue to advocate for 625 vouchers;
publicize program on website and mail
notice to apartment owners where voucher
use is below the city average.
Target
10% i
ncrease
by 2025
and
10%
i
ncrease by 2027
2. Provide
C
DBG f
inancial as
sistance,
w
hen available, to local nonprofit
organizations that can be used for motel
vouchers.
1. Annually , 2025/ 2027.
2. HCV
+
CDBG.
C ity continues to support distribution of HCV's
Item 1K - Page 24
HS3.2 Emergency Rental
Assistance
1. Complete remaining contracts for
emergency rental assistance for income
qualified households using qualified
nonprofit(s).
2. Consider addi
tional opt
ions t
o
augm
ent
t
he rental assistance program to further
housing security of Palm Springs residents.
1. End of 2023.
2. End
of 2023. C ompleted remaining contracts for emergency rental assistance HS3.3 Resource Linkages
1. Continue to maintain and expand
resource linkages as needed to provide a
range of support services to residents.
2. Provide
oppor
tunities f
or f
unding
r
esource linkages through the ConPlan
funding process and other opportunities as
feasible.
1. Ongoing.
2. Ongoing. O ngoing
HS3.4 Mobile Home Rent
Stabilization and
Preservation
1. Maintain mobile home rent stabilization
ordinance; annually review and revise
ordinance to address contemporary
concerns.
2. Explore
oppor
tunities t
o
addr
ess
affordability and high levels of overcrowding
in mobile home parks.
1. Annually.
2. Annually.
T he City maintains Chapter 4.08 (Rent Control) which addresses rentals in mobile home parks
Item 1K - Page 25
HS3.5 Preserve At Risk
Housing
1. Annually monitor the status of 4 at risk
affordable apartment projects (314 units) --
the Heritage, Tahquitz Court, Palos Verdes,
and Palm Springs View.
2. Contact ow
ners of at r
isk pr
ojects
w
ithin one year of expiration to discuss
preserving projects. Extend affordability
controls of Sunnyview Villas affordable
family apartments.
3. Coordinate
w
ith
pr
operty ow
ners t
o
ens
ure notices to tenants are sent out at 3
yrs., 12 and 6 mos.; educate tenants
regarding tenant rights and conversion
procedures pursuant to state law.
4. Reach
out t
o
agenc
ies & qual
ified
ent
ities interested in purchasing or
managing at-risk units. Provide technical,
financial or regulatory assistance as
feasible to preserve projects
1. Annually .
2. End
of 2023.
3. As pr
ojects s
ubmitted.
4. As pr
ojects s
ubmitted.
O n March 9, 2023, the City Council authorized the City Manager to execute agreements with the ownership of Sunnyview Villas to extend the affordability of the 107 unit development beyond the 2023 expiration. No additional projects have been identified as expiring or at risk in 2024.
HS3.6 Assist in
Development of Lower-
Moderate Income Housing
1. Offer low-cost land, fee reductions,
regulatory relief (Program HS1.2, HS1.3),
and project gap funding where feasible.
2. Proactively c
ontact dev
elopers w
ith
t
he
ex
pertise to build affordable projects (e.g.,
CVHC, DAP, etc.).
3. Complete
dev
elopment of 3
l
ower
i
ncome projects—Monarch, Sunrise Vista
II, and Aloe—providing 78 ELI, 37 VLI, 73 LI
units
1. As pr ojects s ubmitted.
2. Annually .
3. End
of 2025.
O
ngoing
Item 1K - Page 26
HS3.7 Homeownership
and Building
Intergenerational Wealth
1. Present homeownership gap closure
program to the City Council for
consideration and adoption.
2. Seek f
unding
and
i
ssue
R
FPs f
or t
hree
s
ites in Desert Highlands neighborhood.
3. Provide
f
unding, l
and, and
hom
eownership assistance to facilitate self-
help projects on 3 sites (6 units).
1. Mid 2023.
2. End
of 2024; s
tart of
2025.
3. End
of 2024; ear
ly 2025.
O n August 31, 2023, the City issued a Request for Proposals from qualified firms to purchase 3 properties and establish a Homeownership Opportunity Program on the properties. The City continues to work with the selected firm to realize the construction of 6 affordable homes on those lots in 2025.
HS3.8 Regional Housing
Forum
1. Attend monthly meetings of the
Collaborative Action Network and seek
opportunities t
o
addr
ess t
he
v
alley’s
hous
ing needs.
2. Pursue
pr
o-housing
des
ignation
w
ith
H
CD to receive preference in housing,
community development, and infrastructure
program.
3. Participate
i
n
ef
forts t
o
i
ncrease
t
he
f
unding commitments in the Catalyst fund
for affordable housing in the valley.
1. Monthly .
2. Monthly .
3. Monthly .
C
ity attends monthly meetings with Lift to Rise.
HS4.1 Hillside
Development
1. Continue implementation of hillside
development standards to protect
viewsheds and topography.
2. Review and
r
evise
hi
llside
dev
elopment
s
tandards, as needed, to continue meeting
preservation objectives.
1. As pr ojects pr esented.
2. As pr
ojects pr
esented. O ngoing as projects are presented
HS4.2 Water Conservation
1. Continue implementation of the review
of water conservation aspects of landscape
ordinance.
2. Develop
appr
opriate
w
ater
c
onservation measures as needed to
conserve water resources in the city.
1. As pr ojects pr esented.
2. As pr
ojects pr
esented. O ngoing
Item 1K - Page 27
HS4.3 Energy
Conservation
1. Continue implementation of residential
energy conservation programs and climate
change mitigation, including solar energy,
and exceed standards to the extent
feasible.
2. Encourage
r
esidents t
o
t
ake
adv
antage
of
the options for energy from the Desert
Community Energy and other programs.
1. As pr ojects pr esented.
2. As pr
ojects pr
esented. O ngoing
HS4.4 CVMSHCP
Continue implementation of the CV-MSHCP
and the Tribal Habitat Conservation Plans. As projects presented. Currently being implemented Item 1K - Page 28
HS5.1 Fair Housing
1. Contract with local fair housing
providers to perform a wide range of
educational, advocacy, and mediation
services, averaging up to 750 landlord-
tenant and 20 fair housing issues.
2. Engage
t
he
H
uman
R
ights C
ommission
t
o promote improved relations; civic peace;
intergroup understanding; and acceptance,
respect, and participation of all persons in
the city.
3. As r
equired
by t
he
f
ederal gov
ernment,
prepare an Analysis of Impediments or AFH
and implement its findings.
4. Distribute
i
nformation
about f
air and
equal
housing laws and resources in
libraries, community centers, social service
offices, and other public locations.
5. Continue
t
o
hol
d
c
ommunity f
orums,
obs
ervances, and educational venues to
improve community relations and
appreciation of the City's diversity.
6. Conduct t
raining
and
educ
ation
t
o
t
he
publ
ic, property owners, and tenants,
focusing on key issues to each audience.
7. Provide
annual s
tatistics on
t
enant-
landlord issues, testing, training and
education, discrimination cases, hate
crimes, and school violence to HRC;
produce summary report.
1. Annual.
2. See
T
able
3-
34. 3.
Every f
ive
y
ears.
4. Annually .
5. See
T
able
3-
34. 6.
2 eac
h
y
ear.
7. w/in
90-
days of A
PR
pr
eparation
1. The City has contracted with Fair Housing Council of Riverside County to provide fair housing assistance to residents. The contract requires they hold two meetings and provide service to 750 participants.
2 The H RC i ssued C ommunity S ervice A wards r ecognizing t he ac copmlishments of c
ommunity members in human rights in Palm Springs; participated in 2nd annual bullying awareness event/festival; and issued proclamations for National Hispanic Heritage Month and Native American Heritage Month;
3. AFH pr
epared
4. Information
di
stributed.
5. Community f
estival/event hel
d
on
bul
lying
at Lei
sure
C
enter.
6. HRC m
embers r
egularly at
tend
c
ommunity ev
ents t
hroughout t
he
y
ear t
o
pr
omote
aw
areness of key issues
7. Information
t
o
be
pr
ovided
Item 1K - Page 29
HS5.2 PLWA/HIV
1. Identify additional housing opportunities
for affordable housing for people living with
HIV/AIDS
2. Expand
c
ollaborative
net
work of
s
upportive services to serve people living
with HIV/AIDS.
3. Support
efforts
of
DAP
to
implement
its
Mas
ter Plan and provide community clinical
services.
Ongoing
Vista Sunrise II began occupany in 2025 with 70 homes providing affordable housing for people living with HIV/AIDS. The DAP campus expansion was approved by Planning.
HS5.3 Seniors
1. Seek opportunities to expand the
amount of affordable senior housing
through new development.
2. Continue, as f
easible, t
o
pr
ovide
and
preserve a full range of housing services for
senior residents.
3. Support t
he
Mi
zell C
enter and
as
sist,
w
here feasible, health, social, transit, and
other services to seniors.
Annually Ongoing
Item 1K - Page 30
HS5.4 Housing for
Disabled People
1. Support and seek opportunities, as
feasible, to expand housing to help address
the diverse needs of disabled persons.
2. Work w
ith
l
ocal and
r
egional s
ervice
pr
oviders to publicize available resources
for housing + services for disabled people.
3. For r
esidential c
are
f
acilities s
erving
6 or
fewer, modify definition, allow by right in
all zones allowing residential uses, and
treat like any other residential use
consistent with state law.
4. For r
esidential f
acilities s
erving
7 or
m
ore residents, remove CUP requirement,
allow by right in all zones allowing
residential, and treat like any other
residential use in the same zone.
5. Explore
opt
ions t
o
i
mprove
des
ign
s
tandards for accessibility in multiple-family
buildings to increase units accessible.
6. Include
f
air hous
ing
out
reach
and
educ
ation to reduce the occurrence of fair
housing complaints related to disability.
7. Review, am
end
as needed
and
i
mplement t
he
C
ity’s A
DA T
ransition
P
lan;
c
ontinue programming improvements.
8. Review H
CD T
echnical A
dvisory on
G
roup Homes; revise codes to remove any
constraints on housing for disabled people.
1. As pr ojects s ubmitted.
2. As
projects
submitted.
3. End
of 2024.
4. End
of 2024.
5. End
of 2023.
6. Annual.
7. End
of 2025.
8. End
of 2024.
O
ngoing. Code updates to occur as part of comprehensive zoning code update which will complete in 2026..
Item 1K - Page 31
HS5.5 Housing Homeless
People
1. Seek and earmark state and federal
funds to continue to provide services and
support existing and future housing
opportunities for homeless people.
2. Work w
ith
c
ounty par
tners, C
VAG, and
l
ocal partners in pursuing local and regional
projects designed to address the housing
and supportive service needs of homeless
people.
3. Amend
c
odes t
o
r
emove
c
onstraints as
f
ollows:
- transitional and supportive housing,
permanent supportive housing, and low
barrier
nav
igation
c
enters per G
ov’t C
odes
65583
(
a)(5), §65651(
a), and
§65662.
-
define SRO units and allow by right in
zones where multifamily and mixed uses
are permitted as required by AB 2162.
- develop a management plan, parking
standards (AB 139), and appropriate
concentration standards to ensure shelters
are designed/operated in an effective
manner.
4. Rezone
up
t
o
9. 1
ac
res i
n
t
he
M-
2 z
one
t
o allow residential uses and emergency
shelters by right, require that emergency
shelters only be subject to specified written,
objective standards, expand the definition
of shelters, modify parking, and make any
other code revisions needed to comply with
AB 2339.
5. Fund, administer, and complete the
1. Annually t hrough
C
onPlan
2. Annually t
hrough
C
onPlan.
3. End
of 2024
4. End
of 2024
5. Annual, by 2025
C
ity implementing ConPlan and will be making further updates in 2025.
Item 1K - Page 32
HS5.6 Housing for
Families
1. Expand family housing options with the
development of affordable and suitable
housing for families; complete the Monarch
Apartments.
2. Support and
f
und
s
ervices f
or f
amilies,
i
ncluding early childcare/literacy, tutoring/
after school, and recreational services to
youth and children.
3. Continue
t
o
i
mprove
hous
ing
s
ecurity
t
hrough advocating for 370 project-based
housing vouchers and preserving the 44-
unit Sunnyview Villas affordable apartment
project for families.
1. Annual
2. 2023/2024
3. Annual. P
reserve
by end
of
2023
Monar
ch apartments unoccupied in March 2024.
HS5.7 Employee Housing
Amend Zoning Code to define employee
housing, specify zones where such uses
are permitted, and develop a by right
permitting
pr
ocess per C
al H
&S C
ode,
17021.5 and 17021.6.
End of 2024 Ongoing
HS5.8 Activate Palm
Springs
1. Conduct workshops and readiness
assessment by the end of 2023 that
outlines the City's needs, assets, and
opportunities for improving program
outcomes.
2. By t
he
m
iddle
of 2024, dev
elop
an
i
mplementation plan that sets forth
transformative actions that will be
implemented citywide and in
neighborhoods, including disadvantaged
neighborhoods.
1. End of 2023
2. By t
he
m
id-2024
C ity conducted community workshops throughout 2024. Work is ongiong on additioanl implementation to be completed later this year.
Item 1K - Page 33
HS5.9 Disadvantaged
Communities
1. Implement all actions, metrics, and
time frames in Table 3-34, contained in the
AFH Section of the Housing Element.
2. Annually r
eport pr
ogress t
o
t
he
H
uman
R
ights Commission and adjust actions to
continue progress and achievement of
goals.
3. With
t
he
i
nitiation
of A
ctivate
P
alm
S
prings program, seek opportunities for
leveraging that effort to further address
disadvantaged communities.
Annual Several projects currently underway and programmed as part of CIP program in disadvantaged communities.
HS5.10 Housing
Opportunity in High
Opportunity Areas
1. Identify sites on underused commercial
centers and/or along major corridors in
HRIAs for low income affordable housing
and rezone sites allowing at least 100 units
by the end of 2025.
2. Offer r
egulatory and
f
inancial i
ncentives
(
HS1.2, HS1.3) to developers to facilitate
apartments, condos, and missing middle
homes that address the unmet need.
Rezone sites by end of 2025
Develop 50 units by end
2027
Develop 50 units by end of
2028
To be completed. The City is advancing a rezoning of a City-owned site to facilitate up to 150 units of affordable housing.
Item 1K - Page 34
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting
Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning 6th Cycle 10/15/2021 - 10/15/2029
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of
Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
Item 1K - Page 35
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2024
(
31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document
how each unit complies with subsection (c) of
Government Code Section 65583.1+.
For detailed reporting requirements, see the
chcklist here:
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+
TOTAL
UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
Item 1K - Page 36
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an
optional field
Reporting
Period 2024 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit
Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Total Moderate Income
Units Converted from
Above Moderate
Date
Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 perc ent of a jur isdiction’s moder ate-income regi onal housi ng need all ocation, the planni ng agency may inc lude the number of unit s in an exi sting mul tifamily buil ding that wer e conv erted to deed-r estricted rent al housi ng for moder ate-income househol ds by the im position of aff ordability cov enants and res trictions for
the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
Item 1K - Page 37
- - I -
Jurisdiction Palm Springs
Reporting
Period 2024
(Jan. 1 - Dec.
31)
Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Realistic
Capacity
Identified in the
Housing
Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting
Item 1K - Page 38
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
677-540-028; 677-
540-036
Gene Autry Trail and Mission
Drive Vacant Excess 5.6
GRIT SETTLEMENT - An RFP to build affordable
housing on this property was previously issued for
this property and followed the Surplus Lands Act
process (notice to affordable housing developers
on the state list, available for 60 days, no developer
was selected for negotiations). A new RFP has gone
out for the property in 2025. Staff began working
on entitlements at the end of 2024 to make the
property more attractive to developers.
513-560-048 Southwest Corner of North
Belardo Road and Museum Drive Vacant Excess 0.45 GRIT SETTLEMENT - Block G: Southwest Corner of North Belardo Road and Belardo Road
504-150-011
through 504-150-
055
West of N. Leonard Road between W. Chino
Canyon Rd. & Sanborn Way Vacant Excess 31.4
GRIT SETTLEMENT - Boulder Property: West of
N. Leonard Road between W. Chino Canyon Rd. &
Sanborn Way.
504-040-046 West of North Vista Grande Ave between
Tramway Rd and W. Racquet Clu Rd Vacant Excess 41.6
GRIT SETTLEMENT - Crescendo Property: West
of North Vista Grande Avenue between Tramway
Road and W. Racuqet Club Road
513 290 013 190 W. Sunny Dunes Rd Vacant Excess 0.16 McKinney Property: 190 W. Sunny Dunes Rd. 680 072 012;
680
‐
072
‐
009;
680
‐
072
‐
006;
680
‐
072
‐
005
4 parcels on eastern half of block located at
southwest corner of Ramon Road and Vella
Road, north of Calle De Ricardo
Vacant Excess 1.07
Previsouly developed as apartment buidling.
Purchased by FAA as noise mitigation Measure.
Airport would like to use the parcels for potential
expansion or commercial development.
680-083-003; 680-
073-004; 680-073-
006; 680-073-005
4 parcels on eastern half of block located at
southwest corner of Calle De Ricardo and Vella
Road, north of Calle De Carlos
Vacant Excess 0.93
Previsouly developed as apartment buidling.
Purchased by FAA as noise mitigation Measure.
Airport would like to use the parcels for potential
expansion or commercial development.
513-091-003 285 N. Indian Canyon Dr Vacant Excess 0.13
Successor Agency parcel purchased by City. Initial
plans were to expand the adjacent fire station using
this parcel. These plans have not been advanced.
Vacant property north of Fire Station #1 (former
Desert Hotel Property) acquired from Successor
Agency in 2018
513-153-017 223 S. Palm Canyon Dr Commercial Excess 0.02 Historic Building, Cultural Use (Lease). Village Green - Cornelia White House
513-153-017 221 S. Palm Canyon Dr Commercial Excess 0.08 Historic Building, Cultural Use (Lease). Village Green - Museum/Gallery
513-153-017 211 S. Palm Canyon Dr Commercial Excess 0.06 Historic Building, Commercial Use (Lease). Village Green - PS Fudge Shop
513-153-017 219 S. Palm Canyon Dr Commercial Excess 0.02 Historic Building, Commercial Use (Lease). Village Green - Ruddy’s General Store
501-401-010 233 W Tramview Rd Vacant Excess 0.17
Desert Highlands Single Family Lot, planned for use
in Sweat Equity/Affordable Home Ownership
Program. . Developer chosen through RFP process.
Developer currently going through permitting
process. Using the SB 9 lot split process, the land
will be split to have 2 single family homes on it for
first time home buyers
501-401-039 El Dorado Blvd Vacant Excess 0.21
Desert Highlands Single Family Lot, planned for use
in Sweat Equity/Affordable Home Ownership
Program. . Developer chosen through RFP process.
Developer currently going through permitting
process. Using the SB 9 lot split process, the land
will be split to have 2 single family homes on it for
first time home buyers
669
‐
353
‐
001 Rosa Parks Road Vacant Excess 0.22
Desert Highlands Single Family Lot, planned for use
in Sweat Equity/Affordable Home Ownership
Program. . Developer chosen through RFP process.
Developer currently going through permitting
process. Using the SB 9 lot split process, the land
will be split to have 2 single family homes on it for
first time home buyers
Summary Row: Start Data Entry Below
Parcel Identifier
Table H
Locally Owned Surplus Sites
Item 1K - Page 39
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting
Period 2024
(Jan. 1 - Dec.
31) Housing Element Implementation
Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
Units
(Beds/Student
Capacity) Granted
Notes
2 3 5 6
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SH - Student
Housing)
Date
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Total Additional
Beds Created Due
to Density Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS
ONLY. This table only needs to be completed if there
were student housing projects WITH a density bonus
approved pursuant to Government Code65915(b)(1)(F)
Annual Progress Report January 2020
Item 1K - Page 40
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2024 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
No
Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage containing authorizing local ordinance and supporting materials.
Notes
Table K
Tenant Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.
The City is considering a local preference policy but it has not been considered by the City Council or adopted.
Item 1K - Page 41
I
Jurisdiction Palm Springs
Reporting Year 2024 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement Requested Other Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 2
Deed Restricted 0
Non-Deed Restricted 15
244
261
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 34
Deed Restricted 0
Non-Deed Restricted 11
82 127
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. -$
Task Status
Item 1K - Page 42
I
I
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
APPROVAL OF PARCEL MAP 38400 WITH CITY LIFESTYLE GROUP, LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY
RECOMMENDATION:
Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38400 WITH
CITY LIFESTYLE GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 299 VIA OLIVERA, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
Attachments
Item 1L
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF PARCEL MAP 38400 WITH CITY LIFESTYLE GROUP,
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Egan Civil, Inc., representing City Lifestyle Group, LLC, a California Limited Liability Company, (the “Developer”), has requested approval of a final map for Tentative Parcel Map 38400 to create 3 residential condominium units at 299 Via Olivera. Approval of a final map for Tentative Parcel Map 384 00 is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City’s ministerial approval of the final map.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 3 8400 WITH CITY
LIFESTYLE GROUP, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY , FOR PROPERTY LOCATED AT 299 VIA OLIVERA, IN SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from the Developer is included as Attachment A.
BACKGROUND:
At its meeting on October 26, 2022, the Planning Commission recommended conditional approval of Tentative Parcel Map
38400 (TPM 38400) for the construction of a residential development consisting of three condominiums on a 0. 3-acre site located North Palm Canyon Drive and Indian Canyon Drive, addressed as 299 Via Olivera.
The expiration date of TPM 38400 was to be October 26, 2024. However, Egan Civil, Inc., representing the Developer, timely filed a final map for TPM 38400 on January 19, 2024.
Item 1L - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
PM 38400
Pursuant to state law (California Government Code Section 66452.6, the “Subdivision Map Act”), once the filing of a final map has been made to the City Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Parcel Map.
STAFF ANALYSIS:
The Developer has completed all required studies and improvement plans but has not yet requested nor been issued applicable grading and encroachment permits at this time.
The project has been identified as “Eden Palm Estates”. A site map is provided below, a vicinity map is included as Attachment B , and a copy of the final map for P M 38400 is included as Attachment C.
The City Engineer has determined that required conditions of approval associated with TPM 38400 have been satisfied, that Parcel Map 38400 is in substantial conformance with the approved Tentative Parcel Map, and that Parcel Map 38400 is ready for City Council approval.
ENVIRONMENTAL ASSESSMENT
:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt under CEQA Section 15303(b) (New construction and location of limited numbers of new, small facilities or structures); a duplex or similar multi -family residential structure totaling no more than four dwelling units. In urbanized areas , this exemption applies to apartments, duplexes, and similar structures designed for not more than six dwelling units
Item 1L - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
PM 38400
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Strategic Plan Broad Goal of Economic Development.
FISCAL IMPACT:
Approval of Parcel Map 38400 for the currently vacant 0.3-acre parcel will allow for the development of three condominiums. Ultimately, upon completion of the units, the City will receive yet to be determined additional property tax revenue. Minor incremental costs for public safety services will be incurred over time.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Business Principal Disclosure
B. Vicinity Map
C. Parcel Map 38400
D. Resolution
Item 1L - Page 3
Attachment A
Item 1L - Page 4
Item 1L - Page 5
/
1. 2.
3. 4.
Name of Entity
.. r r ..
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
C4y L-1 \'2Myl~ ~ Cu-~)
Address of Entity (Principle Place of Business) 9-v..'-~. ~34'1. ~. s~ Qdv:l~'o f4-~H Cf-\.
Locaf or Caltfomla Address (if different than #2)
e\' ~tA
State where Entity Is Registered with Secretary of State ~' r~IO~A
ff other than California, is the Entitv also registered in California? n Yes n No
5. Type of Entity
0 Corporation ~lted Uabl1ily Company O Partnership O Trust D Other (please specify)
6. Officers. Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response Is ,wt II nall.lral person, please Identify all officers, directors , members, managers and other Rduclarles for the member, manager, trust or other entlt,y "'.ht..t. l ~ .,l/\ €. 'D ~ N D Officer O Oire<:tor rg'8mber O Manager (name]
D General Partner D Limited Partner
Other
O Officer D Director O Member O Manager
[name]
D General Partner D Limited Partner
Other
O Officer D Director D Member D Manager
[name)
0 General Partner O Limited Partner
Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
Item 1L - Page 6
7. Owners/Investors with a 5% beneficial Interest 1n the Aoollcant Entity or a related entftv EXAMPLE JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/Investor) [percentage of beneficial Interest In entity and name of entJtvl A.
Jt>OJo C.¼ L,C.c. ~ (,NJP l!\J1 I / t4rn £:c~
[name of owner/investor) (percentage of beneflclat interest In entity and name of enutvl 8.
[name of owner/investor] (percentage of beneficial interest in entity and name of entity) C.
{name of owner/investor) (percentage of beneficial Interest in entity and name of entitvl D.
(name of owner/investor] (percentage of beneficial interest in entity and name of entitvl E.
[name of owner/inv8$lor] [percentage of beneficial interest In entity and name of entltvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or faHure to report information required to be reported may subject you to administrative action by the City. (Revised 05/16/19)
OTY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page2 of2
Attachment B
Item 1L - Page 7
Department of Engineering Services
Vicinity Map
R2
R2
PD
R2
R2C1
R2 R2
R3
PD
C1 C1
C1
C1
R2
R1C
R1C
C1
RGA6
R2
R3
C1
RGA6
R1B R1B
SH-111
VIA OLIVERA
VIA ESCUELA
ZANJERO RD
RACQUET CLUB RD
JUN
IPERO AVE
MARISCAL RD
CARDI
LLO AVE
ROCHELLE RD
Legend
500 Ft Radius
Site
CITY OF PALM SPRINGS
Eden Palm Estates
West Via Olivera Drive
Item 1L - Page 8
•
.
.
W E . .
.
s
Attachment C
Item 1L - Page 9
Item 1L - Page 10
OWNER'S STATEMENT:
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCT/VE BORDER LINES.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES:
LOT "A" - "VIA OLIVERA" TO THE CITY OF PALM SPRINGS FOR PUBLIC ROAD PURPOSES AND THE TWO FOOT WIDE SIDEWALK EASEMENT SHOWN HEREON.
CITY LIFESTYLE GROUP, LLC
BY: ~~->+-lu/_l_i~_-_____ DATE: 1.JJ_<"j_ ( 1.r/J,.S
PRINT NAME AND TITLE: __ _ EJ.eN
NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLE.TING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE
INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA) S.S
COUNTY OF RIVERSIDE)
01'! ~~--2f!J!?, BEFORE ME, A~ ~~ NOTARY PUBLIC, PERSONALLY APPEARED '~h\\ \ffllWHO PROVED TO MEONTE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON (S) WHOSE NAME (S) 1:i / ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANO ACKNOWLEDGED TO ME THAT J:!../ SHE/ THEY EXECUTED THE SAME Ili../;Jl,;;i, /HER/ THEIR AUTHORIZED CA£1;£l!Y (!ES), ANO THAT BY .!:ildi /HER/ THEIR SIGNATURE ON THE
INSTRUMENT, THE PERSON (SJ OR THE ENTITY UPON BEHALF OF WHICH THE PERSON (SJ ACTED, EXECUTED THE INSTRUMENT. -
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HANO ANO SEAL:
NOTARY PUBLIC IN AND FOR SAID STATE
MY COMMISSION EXPIRES 07-2f:5-'2.O2?
MY COMMISSION NUMBER 2'-ff5S'0tb)
MY PRINCIPAL PLACE OF BUSINESS IS IN -~~ti~-- COUNTY.
BENEFICIARY'S STATEMENT:
ARIEL GLOBAL INVESTMENTS, LLC 401 (KJ PROFIT SHARING PLAN FBO URI SHEM ESH, BENEFICIARY UNDER DEED OF TRUST RECORDED AUGUST 24, 2023 AS DOC. #2023-0250836 OF OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
ARIEL GLOBAL INVESTMENTS, LLC 401 (K) PROFIT SHARING PLAN FBO
URI SHEMESH
PRINT NAME ANo nnE: lJ ri S~l-t -~, --~'r_v_s~~~~c::.-__ _ BY: _______________________ _
PRINT NAME AND TITLE: ________________ _
NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE
INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF C41..I™lN!A ) s.sAn-z.on(A.
COUNTY OF !'ltl'ieR&f9E J fv\lll'I Ulfw
ON 02.. 2..s S20~ BEFORE ME, Jr1Vllt (},~a ( A NOTARY PUBLIC, PERSONALLY APPEARED r Wl!IS , WHO PROVED TO ME ON THE BASIS~F SATISFACTORY EVIDENCE TO BE THE PERSON (SJ WHOSE
NAME (SJ IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT ANO ACKNOWLEDGED TO ME THAT HE/ SHE/ THEY EXECUTED
THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY (IESJ, ANO THAT BY HIS/ HER/ THEIR SIGNATURE ON THE
INSTRUMENT, THE PERSON (SJ OR THE ENTITY UPON BEHALF OF WHICH THE PERSON (SJ ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. =~di
NOTARY PUBLBc' IN AND FOR SAID STATE
MY COMMISSi EXPIRES __a,lJ:,.~~'4,,.,~--
MY COMMISSI NUMBER lo 'Z. \ (p D 0~~-
MY PRINCIPAL PLACE OF BUSINESS IS IN N.Q.1'1C0(9'.,v A:z... ___ COUNTY.
IN THE CrTY OF PALM SPRINGS, COUN7Y OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 38400
FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN EGAN CML, INC - BENJAMIN DANIEL EGAN, PE, PLS JANUARY 2024
TAX COLLECTOR'S CERT/FICA TE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS
AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECiAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YU PAYABLE, WHICH ARE ESTIMATED TO BE $. ______ _ DATED: ________ _ 20 __ _ BY: ___________ ~, DEPUTY
MATTHEW JENNINGS
COUNTY TAX COLLECTOR
TAX BOND CERT/FICA TE
I HEREBY CERTIFY THAT A BONO IN THE SUM OF$ _____ HAS BEEN EXECUTED AND FILED WITH THE BOARD
OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE,
COUNTY, MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF
FILING OF THIS MAP WITH THE COUNTY RECORDER ARE A LIEN AGAINST SAID PROPERTY BUT NOT YET PAYABLE ANO SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.
DATE: ________ , 20_
CASH TAX BOND
MATTHEW JENNINGS
COUNTY TAX COLLECTOR
BY: _________ , DEPUTY
SO/LS REPORT
KIMBERLY RECTOR
CLERK OF THE BOARD OF SUPERVISORS
BY: _________ , DEPUTY
PURSUANT TO SECTION 66490 OF THE SUBDIVISION MAP ACT, A PRELIMINARY SOILS REPORT, PROJECT NO. 544-23206 (23-08-390J, WAS PREPARED BY SLADDEN ENGINEERING ON AUGUST 2, 2023 ANO IS ON FILE WITH THE CITY OF PALM SPRINGS, ENGINEERING DEPARTMENT.
NOTARY ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE
INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA J S.S
COUNTY OF RIVERSIDE J
ON _____ , 20_, BEFORE ME, ________ A NOTARY PUBLIC, PERSONALLY APPEARED ________ , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON (SJ WHOSE
NAME (SJ IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/ SHE/ THEY EXECUTED THE SAME IN HIS/ HER/ THEIR AUTHORIZED CAPACITY (!ES), ANO THAT BY HIS/ HER/ THEIR SIGNATURE ON TH[
INSTRUMENT, THE PERSON (SJ OR THE ENTITY UPON BEHALF OF WHICH THE PERSON (SJ ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH JS TRUE AND CORRECT.
WITNESS MY HAND AND SEAL:
SIGNATURE
NOTARY PUBLIC IN AND FOR SAID STATE
MY COMMISSION EXPIRES ________ _
MY COMMISSION NUMBER ________ _
MY PRINCIPAL PLACE OF BUSINESS IS IN COUNTY.
SHEET 1 OF 3
RECORDER'S STATEMENT
FILED THIS __ DAY OF _____ , 20 __ AT __ _ AM I PM
IN BOOK __ _ OF PARCEL MAPS, AT PAGES _____ , AT THE
REQUEST OF THE CITY CLERK OF THE CITY OF PALM SPRINGS.
NO. ---------
FEE _______ _
PETER ALDANA, ASSESSOR-COUNTY CLERK-RECORDER
BY: ____________ , DEPUTY
SUBDIVISION GUARANTEE: FIDELITY NATIONAL TITLE COMPANY
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED ON A
FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF BILL EDEN ON JANUARY 18, 2022.
I HEREBY STATE THAT ALL MONUMENTS ARE OF TH[ CHARACTER AND OCCUPY THE
POSITIONS INDICATED, OR WILL BE SET WITHIN ONE YEAR OF FILING THIS MAP
WITH THE COUNTY RECORDER'S OFFICE, ANO THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS
PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. THE SURVEY IS TRUE AND COMPLETE AS SHOWN. ~~ BENJAMIN DANIEL EGAN, PLS 8756
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN MAP OF PARCEL NO. 38400,
CONSISTING OF J SHEETS, THAT THE PARCEL MAP SHOWN HEREON IS SUBSTANTIALLY
THE SAME AS IT APPEARED ON THE TENTATIVE MAP OR ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF THE STATE SUBDIVISION MAP ACT AND ANY
LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
JOEL MONT AL VO
CITY ENGINEER
R.C.E. NO. 62624
DATED ____ _ 20_
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE MAP ANO THAT I AM SATISFIED THAT SAID MAP JS TECHNICALLY CORRECT.
~c.o~ DATED J- /2
ROBERT C. OLLERTON, PLS 7731
ENGINEERING RESOURCES
OF SOUTHERN CALIFORNIA
CITY CLERKS STATEMENT
I, BRENDA PREE, CITY CLERK ANO EX-OFFICIO ASSESSOR OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, STATE OF CALIFORNIA, HEREBY STATE THAT SAID CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE ___ DAY OF ____ ,20_, DULY APPROVED THE WITHIN MAP OF PARCEL MAP NO. 38400, ANO DID ACCEPTED ON BEHALF OF THE PUBLIC, THE EASEMENT OVER LOT "A", OFFERED FOR PUBLIC ROAD PURPOSES AND THE TWO FOOT WIDE SIDEWALK EASEMENT SHOWN HEREON.
THE TENTATIVE MAP FOR SAID PARCEL MAP WAS APPROVED BY THE PLANNING COMMISSION AT ITS REGULAR MEETING HELO ON THE 17TH DAY OF JANUARY, 2023.
DATED: 20_
SIGNATURE OMISSIONS
BY:~------------
CITY CLERK AND EX-OFFICIO ASSESSOR OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS
PURSUANT TO SECTION 66436 OF THE SUBDIVISION MAP ACT, THE SIGNATURES OF THE FOLLOWING OWNERS OF EASEMENTS AND/OR OTHER INTERESTS HAVE BEEN OMITTED:
HENDERSON AND LAWLER, INC., A CORPORATION, HOLDER OF AN EASEMENT FDR ROAD PURPOSES RECORDED MAY 14, 1947 IN BOOK 835, PAGE 279, OF OFFICIAL RECORDS.
CALIFORNIA ELECTRIC POWER "COMPANY, HOLDER OF AN EASEMENT FOR ELECTRIC LINES AND TELEPHONE LINES AND CABLES, RECORDED FEBRUARY 10, 1949 IN BOOK 1055, PAGE 391, OF OFFICIAL RECORDS.
Item 1L - Page 11
SURVEYOR'S NOTES:
GROSS LAND AREA IS 13,085 SQUARE FEET
(0.3± ACRES), MORE OR LESS.
MONUMENT NOTES:
• INDICATES MONUMENT FOUND, AS NOTED HEREON.
0 INDICATES SU 1" IRON PIPE WITH PLASTIC PLUG
STAMPED "LS 8756" FLUSH IN SURFACE.
LEGEND: FOUND H/4" IRON PIPE, TAG
MISSING, DOWN 0. 1 FOOT,
ACCEPTED AS CORNER PER R5 & R7.
C/L
IP
M
M&R
PMB
R
SDMB
U.N.O.
CENTERLINE
IRON PIPE
MEASURED
MEASURED AND
RECORD ~ PARCEL MAP BOOK
RADIAL
SAN DIEGO MAP BOOK
UNLESS NOTED OTHERWISE "\
EASEMENT NOTES:
FOR EASEMENT NOTES SEE SHEET 3.
RECORD DA TA:
()01
()02
()03
()RI
()R2
()R3
DENOTES RECORD DATA PER DEED REC. 2/14/1946 IN
BOOK 724, PAGE 594 OF DEEDS, OFFICIAL RECORDS.
DENOTES RECORD DATA PER DEED REC. 5/2/1946 IN
BOOK 742, PAGE 370 OF DEEDS, OFFICIAL RECORDS.
DENOTES RECORD DATA PER DEED REC. 11/26/2003
AS DOC. #2003-936231 OF OFFICIAL RECORDS.
DENOTES RECORD DATA PER RS 10/96 (1936)
DENOTES RECORD DATA PER PMB 100/34-35 (1981)
DENOTES RECORD DATA PER RS 83/32 (1989)
()R4 DENOTES RECORD DATA PER RS 143/21 (2015)
()RS DENOTES RECORD DATA PER RS 146/85 (2016)
()R6 DENOTES RECORD DATA PER MB 462/41-43 (2018)
()R7 DENOTES RECORD DATA PER RS 152/36 (2019)
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION.
THENCE NORTH 00' 11' EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 1324. 26 FEET;
THENCE NORTH 89' 58' WEST 710.56 FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE STATE HIGHWAY;
THENCE NORTH 38" 24' WEST ALONG THE NORTHEASTERLY LINE OF SAID STATE HIGHWAY 842.95 FEET;
THENCE SOUTH 89' 57' EAST 277.27 FOR THE TRUE POINT OF BEGINNING; THENCE SOUTH 89' 57' EAST 100 FEET TO A POINT. SAID POINT BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO A. ED WEISS, ET UX BY DEED RECORDED MAY 2, 1946 IN BOOK 742, PAGE 370 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
THENCE SOUTH 0° 11' WEST ALONG THE WESTERLY LINE OF SAID PARCEL 130
FEET MORE OR LESS TO A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN PARCEL DEEDED TO S. E. HENDERSON AND DOROTHY E. HENDERSON BY DEED RECORDED FEBRUARY 14, 1946 IN BOOK 724, PAGE 594 OF OFFICIAL RECORDS OF SAID RIVERSIDE COUNTY;
THENCE NORTH 89' 58' WEST A DISTANCE OF 100 FEET;
THENCE NORTHERLY IN A DIRECT LINE 130 FEET MORE OR LESS TO THE POINT OF BEGINNING.
-------
IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 38400
FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN EGAN CML, INC - BENJAMIN DANIEL EGAN, PE, PLS JANUARY 2024
FOUND GEAR SPIKE AND WASHER,
TAGGED "LS 7070", FLUSH,
ACCEPTED AS CORNER PER R7.
W. RACQUET CLUB RD
ROCHELLE RD
z
0 ~
0 w ?,: __J
-< <
0 8 N z
E C, 0
>-
"' "' "'
>-0 0 z
":\
W. VIA ESCUELA
' \
~
\
'
'
\
\
\
'C.FOUND 1" IRON PIPE, TAG
MISSING, DOWN 0.5 FOOT,
ACCEPTED AS CORNER PER R3.
SHEET 2 OF 3
C/L W VIA OLIVERA _____________ _
PUBLIC STREET
...___.-SEARCHED, FOUND NOTHING,
ESTABLISHED PER RECORDS DOWN 0.8 FOOT, IN MONUMENT WELL D1, R4 & R6, NOTHING SET. ACCEPTED AS CORNER PER R6.
..__.___SEARCHED, FOUND NOTHING,
ESTABLISHED PER RECORD R4,
NOTHING SET.
ti~ i ~itlli)
30 .oo' 33 oo'
-
;1
30.00' 33_00'
tli ~1~f7J~t11)
SEARCHED, FOUND NOTHING,
ESTABLISHED PER RECORD DATA
FOR CENTERLINE OF ZANJERO ROAD
PER R4, NOTHING SET.
332.09' (332.39')R4 (332 20')R3 (332.16')R1
50.00'
50.00'
710 56
7 )D1 & R3 (N89°58'00"W)R1, R3 & R4 FOUND H/2" IRON PIPE, TAG MISSING,...._7 DOWN 0.8 FOOT, IN MONUMENT WELL
ACCEPTED AS CORNER PER R6.
Ct'.
~
w
0 I~
"" Ct'.
~
-rn
0 N
<.O
I '-"
w
a
0 0
-
" 0
0 z ,~
-rn
0 N
<.O
<D
w
0 <O
II
w >
;-...;
0::::
0 z
C)
>-z
-<C
u
z
-<C
;-...;
0 z
;-...;
_J I~
µ
~-Ct'.'.
lw- "° - <.O
VICINITY MAP
W. VISTA CHINO 60 30 0 60 120 180 "" -ONN
j
;::::"'ci
ono z- -
~~-
~I ~~1----1 __ 1---'-11 0
SCALE: 1 "=60 ' LOCATION FOR SE CORNER OF SECTION 3 ~
T4S, R4E, SBM, DID NOT SEARCH, DEPICTED
FOR REFERENCE TO D1, D2 AND D3.
Item 1L - Page 12
EASEMENTS
& AN EASEMENT FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT:
IN FAVOR OF: HENDERSON AND LAWLER, INC., A CORPORATION
PURPOSE: ROAD PURPOSES
RECORDING DATE: MAY 14, 1947
RECORDING NO: BOOK 835, PAGE 279, OF OFFICIAL RECORDS AND MESNE
DOCUMENTS OF RECORD
AFFECTS: SAID LAND MORE PARTICULARLY DESCRIBED THEREIN
ffi EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT:
GRANTED TO: CALIFORNIA ELECTRIC POWER COMPANY
PURPOSE: ELECTRIC LINES AND TELEPHONE LINES AND CABLES, UPON AND BY
MEANS OF ONE LINE OF POLES, FOR THE TRANSMISSION OF ELECTRIC ENERGY RECORDING DATE: FEBRUARY 10, 1949
RECORDING NO: BOOK 1055, PAGE 391, OF OFFICIAL RECORDS
AFFECTS: SAID LAND MORE PARTICULARLY DESCRIBED THEREIN
@ DENOTES 2 FOOT WIDE SIDEWALK EASEMENT DEDICATED HEREON, SURVEYORS'S NOT£·
FOR SURVEYOR'S NOTES, MONUMENT NOTES, BASIS OF BEARINGS, RECORD DATA REFERENCES, LEGAL DESCRIPTION, LEGEND AND VICINITY MAP, SEE SHEET 2.
I
I
-n r--
0 n
w
'
0 --.
0 0
:z
-,-,
IN THE crrr OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PARCEL MAP NO. 38400
FOR CONDOMINIUM PURPOSES
BEING A SUBDIVISION OF A PORTION OF THE NORTHEAST OUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN
C/L W VIA OLIVERA
- -- I N89'57'00"E 100,00'
,
" <;8
f- LOT ,, A,,
-
<;8
f-
0 0 :z 0 :z 0 0 0 w (2,500 SQUARE FEET) 0 0 w
0 ::,; 0 ::::s en en 0 w en 0 w
N r-- N 0 Cf) r-- N 0 Cf)
N <C N <C
0 w 0 w n 0 n 0
<C <C
0 0
oc:: oc::
I
-
N89°57'00"E 100,00'
.-- -' 8
0 e-~ e--
0 - N N
LOT 1
(10,578 SQUARE FEET)
" n r--
en
0 • -0 0 0 0
\ j T ~ C/L ffi T LC/Lffi
f N89 58 oo·w 100,00' t
- -
( 1
-0
0 en
N
' '
I
I
-
r--co
0 n
w
' 0
0 --"o
0 :z
-r--co
en
0 \ )
-
0 II
'
w
_J
« u
U)
SHEET 3 Or 3
10 0 10 20 30
~I ~~1---1:::::::::::.1 ••• .-1
SCALE: 1 "=10'
Attachment D
Item 1L - Page 13
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP
38400 WITH CITY LIFESTYLE GROUP, LLC, A
CALIFORNIA LIMITED LI ABILITY COMPANY, FOR
PROPERTY LOCATED AT 299 VIA OLIVERA, IN SECTION
3, TOWNSHIP 4 SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the Cit y of Palm Springs, at its meeting of October 26, 2022, recommended conditional approval of Tentative Parcel Map 38400, subject to conditions; and
WHEREAS, the Subdivider has filed with the City a final map for Tentative Parcel Map 38400, identified as Parcel Map 38400, in accordance with Section 66458 of the California Government Code; and
WHEREAS, the Subdivider, has offered dedi cation to the City of Palm Springs easement A for public road purposes al ong with a two-foot -wide sidewalk easement.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Parcel Map 38400 is in substantial conformance with the approved Tentative Parcel Map 38400.
SECTION 2. Parcel Map 38400 is in conformance with the General Plan
SECTION
3. Parcel Map 38400 conforms to all requirements of the Subdivision Map Act of the State of California.
SECTION 4. In accordance with Section 66477.1 of the California Government Code, the offers of sidewalk eas ement dedication and public road easement to the public on Parcel Map 38400 shall be accepted by the City Clerk, subject to improvement, who shall certify acceptance by signature on the map thereof.
SECTION 5. Parcel Map 38400 is hereby approved for purposes therein defined.
ADOPTED THIS 14TH DAY OF MAY, 2025.
Item 1L - Page 14
Resolution No. _____
SCOTT C. STILES
CITY MANAGER, CITY OF PALM SPRINGS
ATTEST:
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
Item 1L - Page 15
Resolution No. _____
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 May 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE
CITY CLERK, CITY OF PALM SPRINGS
Item 1L - Page 16
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
APPROVE AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.
FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT 16-08 RECOMMENDATION:
Approve Amendment No. 5 to the Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. to provide design services for an amount not to exceed $25,040; and
1. Authorize the City Manager or designee to execute all necessary documents. 2.
Attachments
Item 1M
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENT NO. 5 TO PROFESSIONAL SERVICES AGREEMENT NO. 23Q183 WITH GROUP 4 ARCHITECTURE,
RESEARCH + PLANNING, INC. FOR PALM SPRINGS PUBLIC LIBRARY RENOVATION, CITY PROJECT 16-08
FROM: Scott C. Stiles, City Manager
BY: Library and Engineering Services Department
SUMMARY:
Approval of Amendment No. 5 to the Professional Services Agreement with Group 4 Architecture, Research + Planning, Inc. for Palm Springs Public Library Renovation, City Project 16-08 (“Project”), will allow for HVAC re-design to remove mechanical equipment from the JC Frey Building roof top. The new system will be a VRF system with dedicated outside air and will be mounted on the ground to the south of the JC Frey Building. Extra services for electrical connection points for the Sunrise Way median island will also be provided as part of the amendment.
RECOMMENDATION:
1. Approve Amendment No. 5 to the Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. to provide design services for an amount not to exceed $25,040; and
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Conflict of Interest and Non- Discrimination Certification and Public Integrity Disclosure form (Attachment A) submitted on May 3, 2023, Group 4 Architecture, Research + Planning, Inc., is a corporation registered in the s tate of California.
Item 1M - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
Amendment 5 to PSA with Group 4 – Library Renovation
BACKGROUND:
On September 14, 2023, the City Council approved Professional Services Agreement No. 23Q183 with Group 4 Architecture, Research + Planning, Inc. for Phase 1 architectural and design services for an amount not to exceed $1,838,898. Based on the Agreement, Group 4 Architecture, Research + Planning, Inc. was to provide architectural design services for the grant-funded portion of the Main Library and work on the JC Frey Building and programming and estimating for all the non-grant funded work.
On January 11, 2024, the City Council approved the additional Scope of Work for the Library renovation project , requiring an amendment to the Professional Services Agreement No. 23Q183.
On February 29, 2024, Amendment No. 1 incorporating the additional Scope of Work was approved by the City Council in the amount of $1,197,200. Amendment No. 2 in amount of $ 19,695 for geotechnical work was approved under City Manager authority.
Amendment No. 3 in the amount of $7,513 for exploratory demolition of the concrete and wood components of the library’s construction was approved under City Manager authority. Amendment No. 4 in the amount of $56,360 for design and landscape architecture of the median island completion on Sunrise Way was approved by City Council on January 9, 2025.
STAFF ANALYSIS:
During plan check review of the Frey Building exterior elevations , the City Planning Department submitted a comment that the corrugated metal was not compatible and had concerns regarding the visual impact of the 5 ft. tall mechanical screening. The HVAC mechanical system will be redesigned to remove it from the roof and eliminate the need for any rooftop screening. The new system will be a VRF system with dedicated outside air and will be mounted on the ground to the south of the Frey building. Existing conditions also need to be assessed for the newly designed median island on Sunrise Way to design connection points to utilize existing irrigation and electrical connections to supply the new median island.
Group 4 Architecture has prepared an additional services request (Attachment B) for an additional cost of $25,040. Staff reviewed the additional services request and request approval of Amendment No. 5 to Professional Services Agreement No. 23Q183 (Attachment C).
ENVIRONMENTAL ASSESSMENT
:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines, the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not consider a “Project.” However, future Item 1M - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
Amendment 5 to PSA with Group 4 – Library Renovation
phases of this Project may require CEQA actions.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council’s Strategic Plan Broad Goal of Infrastructure and Facilities.
FISCAL IMPACT:
Sufficient funds have been budgeted and are available to cover the additional costs of Amendment No. 5 in Fund 260, the Measure “J” Fund.
REVIEWED BY:
City Engineer: Joel Montalvo
Library Director: Jeannie Kays
Deputy City Manager: Flinn Fagg
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Public Integrity Disclosure Form
B. Additional Services Request
C. Amendment No. 5 to Professional Services Agreement 23Q183
Item 1M - Page 3
Attachment A
Item 1M - Page 4
53 GROUP 4 ARCHITECTURE E . FORMS
Item 1M - Page 5
1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Group 4 Architecture, Research + Planning, Inc
Address of Entity (Principal Place of Business)
211 Linden Ave South San Francisco, CA 94080
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
12\j Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
Dawn Merkes [29 Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
David Schnee
IZ] Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
Jonathan Hartman [29 Officer D Director D Member D Manager [name] D General Partner D Limited Partner
Other
54 GROUP 4 ARCHITECTURE E . FORMS
Item 1M - Page 6
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
A. 25.91% Dawn Merkes Group 4 Architecture, Research + Planning, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B. 25.00%
David Schnee Group 4 Architecture, Research + Planning, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C. 21.36%
Jonathan Hartman Group 4 Architecture , Research + Planning, Inc [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D. 15.46%
Andrea Gifford Group 4 Architecture, Research + Planning, Inc - [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E. 5.46%
Jill Eyres Group 4 Architecture, Research + Planning, Inc [name of owner/investor) [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
-
~ D:;}? ~;,r;_ ame, Title
Date
s-j~:2,£
Rosan?J;£n, Controller
_ :::,.
Attachment B
Item 1M - Page 7
Joel Montalvo CLIENT CONTR #: CP 16-18
C
ITY OF PALM SPRINGS
ADD SERVICE #: 05
3 200 E Tahquitz Canyon Way,
Palm Springs, California 92262 BILLING TYPE: Lump Sum
PROJECT NAME: PROJECT #: G4 PHASE #:
Palm Springs Public Library Renovation 2 3601-01 I03
COMPANYCOMPANYCOMPANYCOMPANY
PROPOSAL PROPOSAL PROPOSAL PROPOSAL
DATEDDATED DATEDDATED
EST. EST. EST. EST.
HOURSHOURS HOURSHOURS RATERATE RATERATE DESIGN FEEDESIGN FEEDESIGN FEEDESIGN FEE CA FEECA FEE CA FEECA FEE MARKUPMARKUP MARKUPMARKUP EXTENSIONEXTENSIONEXTENSIONEXTENSION Design West Engineering 04.08.25
Mechanical $7,380 $1,100 $8,480
Plumbing Condensate $1,510 $200 $1,710
Eletrical Power $3,510 $500 $4,010
Group 4 - Arch 04.18.25
Principal 4 $250 $1,000 $ 1,000
Architect II 32 $180 $5,760 $ 5,760
Architectural Staff I 16 $145 $2,320 $ 2,320
Rios Landscape 04.22.25
Irrigation - Sweeney +
Associates $1,600 $ 160 $1,760
DESIGN FEE SUB-TOTAL: $25,040
REIMBURSABLE EXPENSESREIMBURSABLE EXPENSESREIMBURSABLE EXPENSESREIMBURSABLE EXPENSES
PROPOSAL PROPOSAL PROPOSAL PROPOSAL
DATEDDATED DATEDDATED REIMB. ESTIMATEREIMB. ESTIMATEREIMB. ESTIMATEREIMB. ESTIMATE MARKUPMARKUP MARKUPMARKUP R.E. MAXIMUMR.E. MAXIMUMR.E. MAXIMUMR.E. MAXIMUM Per Contract $ 0 $0 $0
MAX. REIMBURSABLES SUB-TOTAL: $0
MAX. INCLUDING REIMB. EXPENSES: $25,040
Jonathan Hartman
P
rincipal
Joel Montalvo
City Engineer
Date
22 April 2025
SCOPE SUMMARY:
Frey Building Mechanical Redesign
Per direction from the planning department on 3/18/2025 after the first two plan check submissions, the mechanical system will be redesigned to remove it from the roof and eliminate the need for any rooftop screening. The new system will be a VRF system with Dedicated Outside Air and will be mounted on the ground to the south of Frey Building.
ADD SERVICE REQUEST
4/22/2025
Date
Median Irrigation Existing Condition Verification
Extra service for irrigation to conduct their irrigation existing condition assesment.
Item 1M - Page 8
GROUP 4
ARCHITECTURE
RESEARCH +
PLANNING , INC
211 LINDEN AVENUE
SO . SAN FRANCISCO
CA 94080 USA
T:650•871 •0709
F:650•871•791
www . g4arch . com
JONATHAN HARTMAN
ARCH I TECT
DAWNE . MERKES
ARC HI T E CT
DAV ID SCHNE E
ARCH I TECT
ANDREA GIFFORD
ARCH I TECT
CAROLYN CARLBERG
ARCH I TECT
GARY C HIN G
ARC HI T E CT
J I L L E Y R E S
ARCH I TECT
BENJAMIN IRIN AGA
ARCH I TECT
DANIEL LAROSSA
ARCH I TECT
WI LL I AM LI M
ARC HI T E CT
TERESA
ARCH I T
R O M
C T
412 E. Vanderbilt Way | San Bernardino, CA 92408
Pacific Northwest 425.458.9700 | Southern California 909.890.3700 | DesignWestEng.com Date: April 8, 2025
Company: Group 4 Architecture
211 Linden Avenue
South San Francisco, CA 94080
Attention: David Schnee
Subject: Palm Springs Library Renovation – JC Frey
Our Project #23-308 AS-2
PROPOSAL FOR ADDITIONAL ENGINEERING SERVICES – AS-2
The following proposal is based on plans and information received to date. If accepted, this proposal will become the contract for services rendered.
We intend to provide Engineering Services for the JC Frey redesign of the previous Roof Top Package Units design to a VRF system with a DOAS unit for $12,400.00. Services to include:
1) Mechanical plan(s) including the following:
a) Schedule of VRF mechanical equipment
b) Revised Energy calculations for the mechanical requirements c) Location of new VRF HVAC units and equipment as required d) Locations of new DOAS (Dedicated Outside Air System) e) Locations of new Relief Exhaust System
f) Duct layout and air distribution for all equipment listed above 2) Plumbing plan(s) including the following:
a) Condensate piping for HVAC units
3) Electrical power plan(s) including the following:
a) Revised Single line diagram
b) Revised Load schedules
c) Revised Panel schedules
d) Electrical connections to low voltage devices as specified by other system designs e) VRF HVAC equipment power connections specified by Mechanical Engineer Break out Fee:
JC Frey VRF Mechanical $ 7,380.00
JC Frey VRF Plumbing Condensate $ 1,510.00
JC Frey VRF Electrical Power $ 3,510.00
Total Fee $12,400.00
Item 1M - Page 9
(D oESIGN WEST ENGINEERING
Palm Springs Library Renovation – JC Frey
Initial ______
Mechanical I Electrical I Plumbing I Commissioning I Fire Protection I Technology I Energy Payment terms and other terms and conditions for services rendered outlined above shall be as stated in the original contract for the above-mentioned project. If the above terms and conditions meet with your approval, please acknowledge below by signing and returning a copy to our office.
Respectfully,
Joshua Lukacs
DESIGN WEST ENGINEERING
Accepted by (Sign): ______________________________
Accepted by (Print):______________________________
Date: ______________________________
Client Job Number: ______________________________
DWE Project Number: 23-308 AS-2
Item 1M - Page 10
Attachment C
Item 1M - Page 11
55575.18100\42913029.1
(BB&K 2024)
AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES
AGREEMENT 23Q183 BETWEEN THE CITY PALM SPRINGS
AND GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.
1. Parties and Date.
This Amendment No. 5 to the Professional Services Agreement 23Q183 is made and entered into as of this 14 th day of May, 2025, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Group 4 Architecture, Research + Planning, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Consultant entered into an agreement titled “Professional Services Agreement 23Q183, Palm Springs Public Library Renovation Design Services” dated September 18, 2023 (“Agreement”) for the purpose of retaining the services of Consultant to provide Design Services for an amount of $1,838,898 and a term of September 18, 2023 to September 17, 2026.
2.2 Amendment No. 1. City and Consultant entered into Amendment No. 1 to the Agreement dated February 29, 2024, for the purpose of providing additional design services for the library renovation.
2.3 Amendment No. 2. City and Consultant entered into Amendment No. 2 to the Agreement dated February 29, 2024, for the purpose of providing a geotech investigation.
2.4 Amendment No. 3. City and Consultant entered into Amendment No. 3 to the Agreement dated November 6, 2024, for the purpose of providing materials testing.
2.5 Amendment No. 4. City and Consultant entered into Amendment No. 4 to the Agreement dated January 9, 2025, for the purpose of providing the design and landscape architecture of the median island completion on Sunrise Way.
2.6 Amendment No. 5 Purpose. City and Consultant now desire to amend the Agreement for the JC Frey Building redesign and median irrigation existing condition verification.
2.7 Amendment Authority. This Amendment No. 5 is authorized pursuant to Exhibit “B” Section 3.2. Additional Services Contingency of the Agreement.
3. Terms.
3.1 Scope of Services. Section 1.1 of the Agreement is hereby amended as follows:
Exhibit “A” is hereby amended to include the additional scope of services as set forth in “ASR 05” dated 22 April 2025 attached hereto and incorporated herein by reference.
Item 1M - Page 12
55575.18100\42913029.1
(BB&K 2024)
3.2 Maximum Contract Amount. Section 2.1 of the Agreement is hereby amended to read as follows:
The total compensation for Phase I and Phase II is increased by $25,040 for a new not to exceed amount of $3,144,706 (“Maximum Contract Amount”).
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.
3.5 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6 Counterparts. This Amendment No. 4 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1M - Page 13
55575.18100\42913029.1
(BB&K 2024)
SIGNATURE PAGE FOR AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT 23Q183 BETWEEN THE CITY PALM SPRINGS AND
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates stated below.
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC.:
By: ____________________________ By: ______________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: _______ Item No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:
By: _______________________________ Date:
City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1M - Page 14
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
APPROVAL OF FUNDING SOURCE ADJUSTMENT FOR BID SCHEDULE B AND CONTINGENCY FOR THE 2025 PAVEMENT REHABILITATION PROJECT, CITY PROJECT NO. 25-01(“PROJECT”)
RECOMMENDATION:
Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,705,000 with all change orders reported to the City Council;
1. Appropriate $1,705,000 from Measure A; and2.
Authorize the City Manager or designee to execute all necessary documents.3.
Attachments
Item 1N
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF FUNDING SOURCE ADJUSTMENT FOR BID
SCHEDULE B AND CONTINGENCY FOR THE 20 25 PAVEMENT
REHABILITATION PROJECT, CITY PROJECT NO. 25-01(“PROJECT”)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
Approval of this item will adjust the funding source from Measure J to Measure A funds for Bid Schedule B and contingency for the Pavement Rehabilitation Project.
RECOMMENDATION:
1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $1,705,000 with all change orders reported to the City Council;
2. Appropriate $1,705,000 from Measure A; and
3. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
Not Applicable.
BACKGROUND:
On April 23, 2025, the City Council approved the award of a construction contract to Matich Corporation (Matich) in the amount of $7,903,650. The contract consisted of Bid Schedule A (primary street list schedule), Bid Schedule B (added streets), and Bid Schedule D (Wastewater Treatment Plant streets). Bid Schedule C was removed by Staff as it was no longer needed to install a conduit on Tachevah Drive.
Item 1N - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
Funding Adjustment for 2025 Pavement Rehabilitation Project, CP 25-01
STAFF ANALYSIS:
On April 28, 2025 , the Finance & Treasury Department and Engineering Services Department discussed funding accounts, project strings, and upcoming projects where Measure J will be used. It was decided by both Departments to use Measure J to fund the Primary Street List and Measure A for the added streets. Staff recommends the City Council approve an allocation of $1,705,000 from Measure A Funds.
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 202 5 Pavement Rehabilitation, City Project No. 25-01, is considered categorically exempt from CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the City Council’s Strategic Plan Broad Goal of Infrastructure and Facilities.
FISCAL IMPACT:
Sufficient funds are available from Measure A to cover the appropriation of the Appropriate $1,705,000.
REVIEWED BY:
City Engineer: Joel Montalvo
Director of Finance: Kristopher J. Mooney
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
None.
Item 1N - Page 2
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
APPROVE CONTRACT SERVICES AGREEMENT NO. 25P107 WITH TOWNSEND PUBLIC AFFAIRS, INC. FOR GRANT WRITING & LEGISLATIVE ADVOCACY
SERVICES
RECOMMENDATION:
Approve Contract Services Agreement No. 25P107 with Townsend Public Affairs, Inc., to provide grant writing and legislative services for an initial three-year term in an amount not to exceed $264,000 beginning May 15, 2025, through May 14, 2028, with two one-year extension options at the City’s sole discretion; and
1. Authorize the City Manager or designee to execute all necessary documents.2.
Attachments
Item 1O
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 CONSENT CALENDAR
SUBJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 25P107 WITH TOWNSEND PUBLIC AFFAIRS, INC. FOR GRANT WRITING &
LEGISLATIVE ADVOCACY SERVICES
FROM: Scott C. Stiles, City Manager
BY: City Manager’s Office
SUMMARY:
This action will approve Contract Services Agreement No. 25P107 with Townsend Public Affairs, Inc. for grant writing & legislative advocacy services.
RECOMMENDATION:
1. Approve Contract Services Agreement No. 25P107 (Attachment A ) with Townsend Public Affairs, Inc., to provide grant writing and legislative services for an initial three-year term in an amount not to exceed $264,000 beginning May 15, 2025, through May 14, 2028, with two one-year extension options at the City’s sole discretion; and
2. Authorize the City Manager or designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
According to the Public Integrity Disclosure form (Attachment B) submitted on March 18, 2025, Townsend Public Affairs, Inc., is registered in the state of California.
BACKGROUND:
The City requires consultant services to help with grant writing and legislative advocacy.
In May 2022, a Request for Proposals (RFP) was issued by the P rocurement and Contracting Department. The City received five proposals, and Townsend Public Affairs was awarded the contract.
The current agreement with Townsend is set to expire on May 15, 2025.
Item 1O - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
Award Grant Writing & Legislative Advocacy Services Contract
STAFF ANALYSIS:
The City Manager’s Office worked with the Procurement and Contracting Department to issue an RFP to find a contractor for the grant writing and legislative advocacy services.
The RFP was advertised in the local newspaper and published on the PlanetBids website.
Seven proposals were received by the deadline of March 18, 2025, as follows:
• Boules Consulting – Costa Mesa, CA
• Custom Stack – Madera, CA
• Eleventh House Solutions – Easton, MD
• Engineering Solutions Services, Inc. – Laguna Hills, CA • GTC 360 Advisors – Austin, TX
• Joe A. Gonsalves & Son – Sacramento, CA
• Townsend Public Affairs – Newport, CA
The evaluation team made up of City staff from the Fire, Police and Office of Sustainability Departments evaluated the proposals received against published criteria that included the firm’s experience, the staff experience, the understanding of the scope of work, local preference, price, and interviews.
Engineering Solutions Services, Inc., was ranked the highest by the evaluation team, but given their proposal exceeded the budget for these services, staff requested a best and final offer, which still far exceed ed the available budget. Staff then reached out to Townsend Public Affairs, Inc., the firm r anked second highest by the evaluation team , who is now being recommended for award of the contract.
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 approve contracts for the above- mentioned services, 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.
ALIGNMENT WITH STRATEGIC PLANNING:
Grant writing will assist with potential funding for projects aligned with City Council ‘s four Broad Goals including Economic Development, Public Safety and Community Services, Infrastructure and Facilities, and Housing.
Item 1O - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
Award Grant Writing & Legislative Advocacy Services Contract
FISCAL IMPACT:
The annual cost for this agreement is $88,000 for a three- year term, not to exceed $264,000. Sufficient funds are available in 1001000-40105.
REVIEWED BY:
Acting Procurement & Contracting Manager: Tabitha Richards Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:
A. Agreement No. 25P107
B. Public Integrity Disclosure
Item 1O - Page 3
ATTACHMENT A
Item 1O - Page 4
CONTRACT SERVICES AGREEMENT 25P107
GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on May 15, 20 25, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Townsend Public Affairs Inc., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a licensed and qualified firm to provide grant wri ting and legislative advocacy services, (“Project”).
B. Contractor has submitted to City a proposal to provide grant writing and legislative advocacy services, under the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Contractor for the Project.
NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. CONTRACTOR SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”) .
Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees.
Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the t erms set forth in this Agreement, the terms set forth in this Agreement shall govern.
1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.
Item 1O - Page 5
1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.
3. COMPENSATION OF CONTRACTOR
3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $264,000.00.
3.2 Method of Payment . In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the schedule of fees set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.
3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.
4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s Item 1O - Page 6
performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the fact s and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified.
The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three years, commencing on May 15, 2025, and ending on May 14, 2028, unless extended by mutual written agreement of the Parties. In addition, the term may be extended at the sole discretion of the City upon written notice to the Contractor, for two additional one-year terms.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.
Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Contractor . The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Christopher Townsend, President.
It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.
5.2 Contract Officer . The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.
Item 1O - Page 7
5.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreemen t shall create any contractual relationships between any subcontractor and City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.
5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City M anager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.
Name: Title:
Christopher Townsend President
Niccolo De Luca Vice President
Ben Goldeen Federal Advocacy Director
Anastasia Heaton Senior Associate
5.6 California Labor Code Requirements.
A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which Item 1O - Page 8
include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.
6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement.
This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Part ies for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.
7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.
8. RECORDS AND REPORTS
8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
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8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.
8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.
8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.
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9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive rel ief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non- prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisio ns of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non -discrimination in city contracting.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre- paid, first-class mail to the address set forth below.
Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed Item 1O - Page 11
as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.
To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Townsend Public Affairs Inc.
Attention: Christopher Townsend, President
1401 Dove Street, Suite 330
Newport Beach, CA 92260
11.2 Integrated Agreement . This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.
11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third- party beneficiary or otherwise, upon any entity or person not a party to this Agreement.
11.7 Recitals. The above- referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
11.10 Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.
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[SIGNATURES ON NEXT PAGE]
Item 1O - Page 13
SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND TOWNSEND PUBLIC AFFAIRS INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________
CITY OF PALM SPRINGS:
APPROVED BY CITY COUNCIL:
Date: May 14, 2025 Item No. ________ Agreement No. _________
APPROVED AS TO FORM: ATTEST:
By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:
By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1O - Page 14
EXHIBIT “A”
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1O - Page 15
1.1 Background:
The City provides a wide variety of services to its citizens on a daily basis. Budgets are stretched thin to provide these services and therefore there is always a need to locate outside funding through grants to allow Departments to do even more for its citizens. The Contractor will provide a critical role in identifying the needs, locating the funding sources and providing assistance to the City in obtaining available funding that will bring the most value to the City.
1.2 Scope:
A. Strategic Planning/Needs Assessment
1. The Contractor shall provide an experienced team that will work with City preferably for term of contract.
2. The Contractor will meet with the City team and review Capital Improvement Plan and other strategic planning documents to identify funding needs and project scopes.
B. Identify, Research, Monitor Funding Opportunities
1. The Contractor will identify best projects, those likely to be most competitive for grant award.
2. The Contractor shall research funding opportunities at county, state and federal level as well as from private grant entities that align with City’s strategic needs.
3. The Contractor will provide an understanding of the grant application process with ability to answer questions clearly and thoroughly.
4. The Contractor will provide monthly report on grant opportunities available and grant applications submitted and their status throughout the life of the grant.
C. Grant Application Development & Submittal
1. The Contractor shall prepare and submit grant applications.
2. The Contractor will prepare/gather demographic information, statistics, and collateral material such as letters of support to tell a complete story of our community need.
3. The Contractor will use its most qualified resources in writing successful grants for City departments including but not limited to Parks & Recreation, Libraries, Engineering/Public Works/Transportation, Airports, Public Safety (Fire and Police), Community & Economic Development, Planning, and Sustainability & Recycling.
4. The Contractor will present grant applications to entities for funding such as Caltrans, Southern California Associated Governments (SCAG), Riverside County Transportation Commission (RCTC), state & federal funding for transportation and active transportation grants, Proposition 68 funding, the Land Water and Conservation Fund, and other state/federal parks funds, the California State Library, National Endowment of the Arts and other arts funding sources.
5. The Contractor will offer expert advice on how to determine outputs, outcomes, and measure of success as required in most grant applications.
6. The C
ontractor will offer expert advice on how to make grant applications as competitive as possible.
Item 1O - Page 16
7. The Contractor will be available for meetings with staff and stakeholders to facilitate grant development.
8. The Contractor will develop timelines and work with staff to ensure team meets grant deadlines and submits complete and competitive applications.
D. Advocacy and Follow-up
1. The Contractor will advocate for funding after grant application submitted by contacting legislators and/or officials.
2. The Contractor will prepare any requested follow-up materials.
3. The Contractor will assist with post-award administration and compliance.
4. For unsuccessful applications, the Contractor shall conduct a briefing with awarding agency to learn how application could be improved in the future.
E. Legislative Advocacy Services
The Contractor will provide occasional legislative advocacy services to include:
1. Develop legislative strategy for specific agenda items
2. Organize advocacy visits
3. Prepare materials
4. Lobby for legislation
5. Provide regular status updates to client
6. Prepare and file applicable lobbying disclosure reports
1.3 Schedule:
Work will commence on issuance of notice to proceed and all work shall be completed by the end of the term.
1.4 Compensation:
Work will be compensated on a monthly retainer amount. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.
Item 1O - Page 17
Item 1O - Page 18
ITEM
1 2
3 ATTACH MENT "G"
COST PROPOSA L
REQUES T FOR PROPOSAL (RFP 03-25)
GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES
THIS FORM MUST BE COMPLETED AND SUBMI TTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal ", !iQI.w ith Electro nic File #1 , Tec hnical/Work Proposal"") DESCRIPTION Unit of Quantity Rate SUBTOTAL Measure
Monthly All-Inclusive Retainer $7,000 $84,000
for Grant Writing and Monthly 12 Legislative Advocacy Services - Year 1
Monthly All-Inclusive Retainer $7,500 $90,000
for Grant Writing and Monthly 12 Legislative Advocacy Services - Year 2
Monthly All-Inclusive Retainer $7,500 $90,000
for Grant Writing and Monthly 12 Legislative Advocacy Services - Year 3
TOTAL $264,000
Firm Name: TOWNSEND PUBLIC AFFAIRS
Signature of Authorized Person: 1-a,..~ ....... -F--.J-------------- Printed Name: CHRISTOPHER TOWNSEND
Title: PRESIDENT
Date: 3/18/2025
EXHIBIT “B”
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1O - Page 19
INSURANCE
1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.
Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.
2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___x_____ is not required;
4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.
Item 1O - Page 20
5. Sufficiency of Insurers . Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.
6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time.
Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsem ent with the following endorsements stated on the certificate:
A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
B. "This insurance is primary and non-contributory over any insurance or self-insurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).
C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.
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7. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.
8. Severability of Interests (Separation of Insureds) . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.
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EXHIBIT “C”
EXECUTIVE ORDER N-6-22 CERTIFICATION
Item 1O - Page 23
REQUESTS FOR PROPOSALS (RFP 03-25)
GRANT WRITING AND LEGISLATIVE ADVOCACY SERVICES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.
Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant funds, certify that the person is not the target of any economic sanctions against Russia and Russian entities and individuals.
The contractor hereby certifies, SUBJECT TO PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.
Signature: ~
Printed Name: CHRISTOPHER TOWNSEND
Title: PRESIDENT
Firm Name: TOWNSEND PUBLIC AFFAIRS
Date: 3/18/2025
ATTACHMENT B
Item 1O - Page 24
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
2. Address of Entity (Principal Place of Business)
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California? F Yes F No
5. Type of Entity
F Corporation F Limited Liability Company F Partnership F Trust F Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all office rs, di
rectors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ F Officer F Director F Member F Manager [name] F G eneral Partner F Limited Partner
FOther ___________________________
_______________________________ F Officer F Director F Member F Manager [ n a m e ] F General Partner F Limited Partner
F Other __________________________
________________________________ F Officer F Director F Member F Manager [
n a m e ] F General Partner F Limited Partner
F Other __________________________
TOWNSEND PUBLIC AFFAIRS
1401 DOVE ST, STE 430, NEWPORT BEACH, CA 92660
CALIFORNIA
CHRISTOPHER TOWNSEND
PRESIDENT
Item 1O - Page 25
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
B.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
C.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
D.
[name of owner/investor]
[percentage of beneficial interest in entity and
name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in entity
and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date 3/18/2025
g
CHRISTOPHER TOWNSEND
100%, TOWNSEND PUBLIC AFFAIRS, INC.
Item 1O - Page 26
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
INTERVIEW AND APPOINTMENT PROCESS FOR CITY’S HUMAN RIGHTS
COMMISSION CANDIDATES
RECOMMENDATION:
Direct City staff to schedule interviews of Human Rights Commission candidates before the entire City Council.
Attachments
Item 1P
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 CONSENT CALENDAR
SUBJECT: INTERVIEW AND APPOINTMENT PROCESS FOR CITY’S HUMAN
RIGHTS COMMISSION CANDIDATES
FROM: Scott C. Stiles, City Manager
BY: Office of the City Clerk
SUMMARY:
At the February 27, 2025 City Council meeting, a majority of the Council requested City staff to bring back a discussion on whether interviews for candidates to the City’s Human Rights Commission should be conducted by the entire City Council or a subcommittee of Council.
This agenda item provides the City Council with the opportunity to have that discussion and possibly include the Human Rights Commission in the list of Boards/Commissions that the City Council interviews candidates, as the entire Council.
RECOMMENDATION:
Direct City staff to schedule interviews of Human Rights Commission candidates before the entire City Council.
BACKGROUND:
Palm Springs Charter Section 602 provides that members of each City board or commission shall be appointed by motion of the City Council, adopted by at least three (3) affirmative votes. Nominations for appointment to a City board or commission are made by the Mayor or any other member of the City Council at a public meeting. Final appointment authority rests with the City Council, with a simple majority vote requirement.
For the past 25 years, the City Council has followed the appointment process, as outlined below:
1. The City Council as a whole interviews all candidates, at an open and public meeting, for the Historic Site Preservation Board, the Measure “J” Oversight Commission, and the Planning Commission.
Item 1P - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
HRC Interview and Appointment Process
2. The City Council appoints a two-member subcommittee, consisting the Mayor and Mayor Pro Tem, to review applications and interview candidates for all boards or commissions except those above.
3. The City Council subcommittee recommends to the City Council candidates for appointment, and the full City Council votes on the appointment of all candidates for all Boards/Commissions at an open and public meeting.1
The City Council recently directed staff to bring back for Council consideration a proposal to have full-Council interviews for candidates seeking positions on the City’s Human Rights Commission.
This agenda item provides the City Council with the opportunity to include the City’s Human Rights Commission in its group of Boards/Commissions for which the entire City Council participates in the interview process for its candidates.
FISCAL IMPACT:
There is not likely to be any significant financial impact to the City, regardless of whether the interviews are conducted by the entire City Council or by a subcommittee of the City Council.
REVIEWED BY:
Department Director: Brenda Pree
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution No. 18804
1 Resolution No. 18804 , adopted in 1996, establishes a policy by which, among other things, Council subcommittees screen applications and the full City Council interviews all finalists for City Boards/Commissions. However, as noted above, for over two decades, it appears that this policy has been waived by the City Council for the majority of City Boards/Commissions. Should the City Council wish to review the policies set forth in Resolution No. 18804, the City Council can direct that a further discussion be brought back for consideration.
Item 1P - Page 2
ATTACHMENT A
Item 1P - Page 3
Item 1P - Page 4
I
I
I
RESOLUTION NO. 18804
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ESTABLISHING REQUISITES FOR CONSIDERATION OF APPOINTMENTS TO CI'rY BOARDS AND COMMISSION, AND
PROCEDURES FOR MAKING APPOINTMENTS THERETO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, AS FOLLOWS:
Section 1.
Section 2.
Generally. (a) The City's boards and commissions
perform a critical role in the governance of. the
City and in the relationship between the City
Council, the governmental organization, and the
citizens of Palm Springs. The boards and
commissions serve to assist in making policy,
perform administrative functions, are a reservoir
of experience and judgment, and assist in the two
way communications between the City and its
citizens. To this end, it is the goal of the City
Council that the process for recruiting board and
commission members be as open as possible and
designed to bring forward those persons best suited
by interest, character, and experience to assist in
these objectives, and who will at the same time
represent the diverse interests in the community.
(b) Any reference herein to "commission" shall be
deemed to apply to all boards, commissions, or
committees unless otherwise stated.
(c) This policy shall apply to boards,
commissions, and committees established by
ordinance, resolution, or other formal action of
the City Council to the extent required by the
Brown Act (Government Code Section 54950, et .!a!..filL.); and, insofar as is possible, it shall be followed
in appointments to other such temporary advisory
boards and committees that are otherwise
established. The Mayor and City Council may,
however, in making such appointments to temporary
advisory boards and committees depart from these
guidelines if permitted by the Brown Act.
(d) Nothing stated in this resolution is intended
to diminish or derogate the prerogatives of the
Mayor or of the City Council pertaining to
appointments, as contained in Government Code
Section 40605.
Criteria for Selection.
follow the following
commission members:
'l'he City Council will
policies in selecting
(a) Residents. All appointees shall be bonafide
residents and registered voters of the City of Palm
Springs.
(b) Experience/education. The Council is seeking
applicants who demonstrate that by their
background, experience, and education, they will be
enthusiastic and knowledgeable commissioners who
will exercise sound judgement.
FS2\276\0l4084 0001\2189921.1 u03/28/96 -1-
Item 1P - Page 5
18804
Section 3.
Section 4.
(c) Cultural diversity. Appointees should reflect
the social, ethnic and cultural diversity of the
community.
(d) Attendance. Attendance at prior commission
meetings during the previous six (6) months will be
an important indicator of the applicant's interest
in the activities of the commission and will allow I
the Council during the interview to determine the
applicant's understanding of the function of the
commission
(e) Conflicts. Commissioners shall comply with
appropriate provisions of law relative to
disclosure of financial interests. It shall be the
policy of the City Council not to appoint or
approve appointment of any person to a commission
who would have continually recurring conflicts of
interest to the extent of impairing their
effectiveness as a commissioner.
Schedule. It shall be the goal of the City Council
to undertake the appointment process in accordance
with this schedule. The availability of positions
shall be noticed annually by March 1. At that time
the Mayor shall appoint Council subcommittees for
screening applications. Applications will be due
by the end of March. The applications will be
screened by mid-April and an interview schedule
established. Interviews will then be conducted so
that appointments can be made at the time of the
City Council's second meeting in May. Appointees
should attend all commission meetinqs after
appointment as observers until they take office.
Terms commence on July 1 or as soon thereafter as
the commissioners are appointed and qualified.
Notice of Availability. (a) Pursuant to
Government Code Section 54972, prior to December 31
each year, the City Clerk is hereby directed to
prepare an Appointments List of all re(JUlar and
onqoing commissions which are appointed by the
legislative body which shall contain the
information required in said section; the Library
Center is hereby designated as the Library to
receive the Appointment List required by Section
54973 of said Code. (Note: Established by Minute
Order 8/12/92.)
(b) All efforts will be made to provide timely
public information relative to vacancies prior to
the time for appointment. To insure that members
reflect a broad cross section of the community, a
strategic recruitment shall be undertaken, at least
annually, which may include, but not be limited to,
(1) Use of local consumer media such as
radio,, television, and newspaper;
(2) Preparation of flyers for distribution in
the community; and through Community
organizations and contact persons.
(c) Government Code Section 54974 provides that
whenever an unscheduled vacancy occurs, a special
vacancy notice shall be posted in the office of the
I
I
FS2\276\0l4084-0001 \2189921.1 a03/28/96 -2-
Item 1P - Page 6
I
I
I
Rl8804
Section 5.
Section 6.
Section 7.
City Clerk, and as may otherwise be directed by the
City Council, within twenty (20) days after the
vacancy occurs; and that final appointment to fill
such vacancy shall not be made for at least ten ·
(10) working days after such posting.
Notwithstanding such provisions, the Mayor and City
Council shall endeavor to fill vacancies on City
boards and commissions within forty-five (45) days
from the date the vacancy occurs.
Any person desiring to be considered for
appointment to any City commission, including
incumbent commission members, shall complete an
application stating the applicant's name, address,
telephone number, the appointment desired, and any
other pertinent facts on an application form to be
provided by the City Clerk. No person may be
appointed who has not timely submitted such an
application.
Applicants
commissions,
one.
may not apply for more than two
nor concurrently serve on more than
It shall be the policy of the City Council that the
following basic procedures shall apply in making
appointments to commissions created by the City
Council:
(a) The application shall include, but not be
limited to the foll.owing information:
(1) The number of commission meetings
attended in the prior six (6) months;
(2) Outline the criteria for selection in
Section 2 hereof.
(3) The applicant's experience and
qualifications for the position.
(4) The applicant's education.
(5) The applicant's ideas and goals for the
commission.
(bl The Mayor shall appoint Council subcommittees,
each consisting of the Mayor and one alternating
Councilmember, to screen applications to determine
qualified applicants.
(c) The City Clerk shall compile and distribute to
the City Council a list of all "qualified
applicants" (as determined by the subcommittees) .
Any Councilmember may add the name of one other
person filing an application to the list by so
informing the City Clerk.
(d) The City Clerk shall schedule interviews with
the full City Council of all finalists for a
particular commission. The Chairperson of the par
ticular commission, or the Chairperson's
commissioner-designee, shall be invited to the
interview.
FS2\276\0l4084-0001 \2189921.1 u03/28/96 -3-
Item 1P - Page 7
R18804
(e) Councilmembers shall indicat:e
for selection, and the Mayor
preferences into consideration.
their preference
may take such
Section 8. Appointments to commissions shall be made at a regular,. or adjourned regular mE;,eting of the City
Council ..
Section 9. Resolut:Lon No.
guidelines for
commissions is
its entirety.
18020 previously establishing
Council appointments to boards and
hereby superseded and repealed in
ADOPTED this _c.c3rc..:d=-------- day of -------'-A-"p-'--r-'--i-'--l _________ , 19 9 6 • AYES:
NOES:
ABSENT:
ATTEST:
Members Barnes, Hodges, Oden and Mayor Kleindienst
None
Member Spurgin
REVIEWED & APPROVED ____ _,,_?f/...._.,---=tJ.=-c, _____________ _ FS2\276\0140&4-0001 \2189921.1 a0J/28/96 -4-
I
I
I
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
ANNEXATION OF CERTAIN PROPERTIES INTO COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 27,
CALLING AND CONDUCTING THE SPECIAL ELECTION
RECOMMENDATION:
Open the public hearing and take public testimony and property owner protests for proposed Annexation No. 27 into Community Facilities District No. 2005-1 (Public Safety Services).
1. Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE
LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.”
2. Conduct special election and the City Clerk to canvass results.3.
Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF
A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING
VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”
4. Attachments
Item 2A
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 PUBLIC HEARING
SUBJECT: ANNEXATION OF CERTAIN PROPERTIES INTO COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005 -1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 27, CALLING AND CONDUCTING THE SPECIAL
ELECTION
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
The City Council previously established Community Facilities District 2005 -1 (Public Safety Services, CFD 2005-1) in September 2005 to levy a special tax on "fee status" (non-Indian Allottee Leased or non- Tribal Trust properties) 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.
The City Council will conduct a public hearing. If no majority protest is received for the annexation, the City Council will call and conduct a special election and adopt a resolution declaring the results of the special landowner election.
RECOMMENDATION:
1) Open the public hearing and take public testimony and property owner protests for proposed Annexation No. 27 into Community Facilities District No. 2005-1 (Public Safety Services).
2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A
SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.”
3) Conduct special election and the City Clerk to canvass results.
Item 2A - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
CFD No. 2005-1 (Annexation No. 27)
4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A
SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY
OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846, INTO COMMUNITY FACILITIES DISTRICT NO. 2005 - 1 (PUBLIC SAFETY SERVICES).”
BACKGROUND:
The City Council created Community Facilities District 2005- 1 (Public Safety Services) CFD 2005- 1) to allow the City to levy a special tax on certain "fee status" (non- Indian Allottee Leased or Tribal Trust properties) 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 Act of 1982 (“Act”), 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 the original CFD 2005- 1. As new residential developments on " fee status" lands have been approved by the City, they are conditionally approved with a requirement to annex into CFD 2005- 1. CFD 2005-1 was specifically established separately from the City's other CFD, Community Facilities District 2007 -1 (Public Safety Services) (CFD 2007- 1), for developments located on Indian Allottee Leased or Tribal Trust lands and cannot be annexed into the existing CFD 2005-1 due to their unique ownership status.
STAFF ANALYSIS:
The City Council has identified the need for additional funding sources for police protection, fire protection, and life safety services, especially those services that are created by new development within the City. In response to the need for additional funding for such services, the City Council formed Community Facilities District 2005- 1 (the "CFD") and the levy of special taxes therein.
The City Council created the Community Facilities District to assist in the financing of police, fire, and life safety services to new residential development. This type of financing program, which is authorized under the Act, envisioned the participation of all future new development projects, either by formation of new districts or annexation into the existing CFD.
This project has a condition of project approval, a requirement to participate in the process of annexing into the CFD for public safety services. Although the City could form a separate CFD for this development, it is simpler and less costly to annex this project into the existing CFD since the Rate and Method of Apportionment established for CFD 2005- 1 governs the levy of special taxes not only within the original boundaries of the CFD but, also, within all subsequent annexations.
Item 2A - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
CFD No. 2005-1 (Annexation No. 27)
On March 27, 2025, the City Council declared its intention to annex territory to the CFD by the adoption of Resolution No. 25285, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN (ANNEXATION NO. 27, SIENA, TRACT MAP NO. 38846).”
Staff recommend that the City Council conduct the public hearing and receive public testimony and any landowner protests. If a majority protest is not received, the City Council may call and conduct the special landowner election for Annexation No. 27 to CFD 2005-1. Following the canvass of ballots by the City Clerk, the results of the special election will be announced, and the City Council may adopt the resolution declaring the election results. Upon adoption of the resolution, the City Clerk shall record the Notice of Special Tax Lien with the County Recorder.
ENVIRONMENTAL ASSESSMENT
:
The requested action by the City Council 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 the potential to result 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.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Strategic Plan Broad Goal of Economic Development.
FISCAL IMPACT:
Following the annexation of the Siena project into CFD 2005-1, and after construction of the housing units (issuance of building permits), the special tax to be levied within the development will generate an additional $29,194 annually, based on the Fiscal Year 2024-25 rates, to be used specifically for public safety services. Fiscal Year 2025-26 rates are not yet available as CPI numbers have not yet been published as of May 1, 2025.
REVIEWED BY:
City Engineer: Joel Montalvo
Director of Finance: Kristopher J. Mooney
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
Item 2A - Page 3
City Council Staff Report
May 14, 2025 -- Page 4
CFD No. 2005-1 (Annexation No. 27)
ATTACHMENTS:
A. Resolution No. _____ Authorizing Annexation No. 27
B. Resolution No. _____ Declaring Annexation No. 27 Election Results
Item 2A - Page 4
ATTACHMENT A
Item 2A - Page 5
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 27, SI ENA, TRACT MAP NO. 38846,
INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY
OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF
SPECIAL TAX TO QUALIFIED ELECTORS.
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 Sp rings Community Facilities District No. 2005-1 (Public Safety Services) (the "District"), and
WHEREAS, this City Council on March 27, 2025, adopted its Resolution No. 25285 entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring its Intention to Annex Territory in to a Community Facilities District and to Authorize the Levy of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1, (Public Safety Services), Annexation No. 27, Siena, Tract Map No. 38846" ("Resolution of Intention") stating its intention to annex the territory to the District pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intent ion, incorporating a description and map of the propos ed boundaries of the territory to be annexed to the District, stating the services to be funded by t he District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and
WHEREAS, at the hearing all interested pers ons desiring to be heard on all matters pertaining to the annexation of territo ry to the District and the levy of special taxes within the area proposed to be annex ed were heard and a full and fair hearing was held; and
WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of te rritory to the District by (i) any registered voter residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of the owners of land in the existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and
Item 2A - Page 6
WHEREAS, Annexation Map No. 27 of the District has been filed with the County Recorder of the County of Riv erside, which map shows the territory to be annexed in these proceedings and a copy of the map is on file with the City Clerk.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. All prior proceedings taken by this City Council with respect to the District and the proposed 27th annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act and the District has been validly established pursuant to the Act.
SECTION 3. The boundarie s of the territory to be annexed to the District, as set forth in the map entitled "Annexation Map No. 27 of Community Facilities District No. 2005-1 (Public Safety Services)," on file wit h the City Clerk and heret ofore recorded in the Riverside County Recorder's Office on April 7, 2025, at 1:58 p.m. in Book 95 of Maps and Community Facilities Districts at P age 78, are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
SECTION 4. The provisions of the Re solution of Intention are, by this reference incorporated herein, as if fully set forth herein.
SECTION 5. Pursuant to the provisions of the Act, the pr oposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefore as hereinafter provided.
SECTION 6. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territor y proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these annexation proceedings.
Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that the qualified electors for purposes of the annexati on election are the landowners within the territory proposed to be annexed to the District and that t he vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.
SECTION 7.
This City Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the City Council immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of the proposed Item 2A - Page 7
boundaries of the territory to be annexed to the District, and a sufficient description to allow the City Clerk to determi ne the boundaries of the territory to be annexed to the District.
SECTION 8. The voted ballots shall be returned to the City Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted, the election shall be closed.
SECTION 9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code.
SECTION 10. This City Council acknowle dges that the City Clerk has caused to be delivered to the qualified electors of th e area to be annexed a ballot in the form set forth in Exhibit "A" hereto. The ballot indicat ed the number of votes to be voted by each landowner.
SECTION 11. The ballot was accom panied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) t he name and address of the landowner, (b) a declaration, under penalty of perjury, stati ng that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signatur e, and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope cont ains an official ballot and is to be opened only by the canvassing City Council.
SECTION 12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.
SECTION 13. The City Clerk shall accept th e ballots of the qualified electors in the City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The City Clerk shall have ballots available which may be marked at said loca tion on the election day by the qualified electors.
SECTION 14.
This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that, to the extent that the qualif ied elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments and will have thereby been Item 2A - Page 8
fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election.
SECTION 15. This Resolution shall take effect upon its adoption.
ADOPTED this 14
th day of May 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 May 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
Item 2A - Page 9
EXHIBIT A
OFFICIAL BALLOT
LANDOWNER SPECIAL TAX ELECTION
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES) ANNEXATION NO. 27
SIENA, TRACT MAP NO. 38846
This ballot is for a special landowner elec tion. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 5:30 p.m. on May 14, 2025, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262.
To vote, mark a cross (X) in the voting sq uare after the word "YES" or after the word "NO". All distinguishing marks other wise made are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another.
BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2005-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 27 to the CFD in accordance with the rate and method of apportionment described in Resolution of Intention No. 25285, adopted by the City Council of the City of Palm Sprin
gs on March 27, 2025?
YES:
NO:
By execution in the space provided below, you 1) declare under penalty of perjury that you are the owner of record or the authorized representativ e of the landowner entitled to vote this ballot; and 2) confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to t he ballot measure, as such waivers are described and permitted by Sections 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 5
Property Owner: Monaghan Palm Canyon
Attention: Attn: Mark Wortmann
305 San Antonio
San Diego, CA 92106
B y :
T i t l e :
Item 2A - Page 10
ATTACHMENT B
Item 2A - Page 11
RESOLUTION NO.
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ANNEXATION LANDOWNER
ELECTION, DETERMININ G VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF
AN AMENDED NOTICE OF SPECIAL TAX LIEN FOR
ANNEXATION NO. 27, SIEN A, TRACT MAP NO. 38846,
INTO COMMUNITY FACILITI ES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
WHEREAS, under the Mello-Roo
s 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 Sp rings (the "City") pr eviously conducted proceedings to establish the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (the "CFD"), and
WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this City Council has adopted a Resolution entitled "A Resolution of the City Council of the City of Palm Springs, California, Authorizing Annexation No. 27, Siena, Tract Map No. 38846, into Community Facilities District No. 2005-1 (Public Safety Services), Authorizing the Levy of a Special Tax, an d Submitting the Levy of Special Tax to Qualified Electors," (the "Resolution of Annexation"), which called for a special election of the qualified landowner elec tors in the territory of land proposed to be annexed to the CFD; and
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held, and the City Clerk has on file a Canvass and Statement of Results of Election (the "Canvass") a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the CFD.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY
RESOLVES, DETERMINES AND APPROVES AS FOLLOWS
SECTION 1. The foregoing recitals are true and correct.
SECTION
2. The issue presented at the special election was the levy of a special tax within the territory annexed to the CFD, to be levied in accordance with the formula heretofore approved by this Cit y Council, all as described in Resolution No. 25285, 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 and to Authorize the Item 2A - Page 12
Levy of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1, (Public Safety Services), Annexation No. 27, Siena, Tract Map No. 38846," adopted by this City Council on March 27, 2025.
SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was appro ved by the landowners of the territory annexed to the CFD by more than two-thirds (2/3) of the votes cast at the special election.
SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the CFD and this City Council may levy special taxes therein as heretofore provided in these proceedings.
SECTION 5. It is hereby found that a ll prior proceedings and actions taken by this City Council with respect to the CFD and the territory annexed thereto were valid and in conformity with the Act.
SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Riverside an Amended Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code, a copy of which is attached hereto as Exhibit B.
SECTION 7. This Resolution shall take effect upon its adoption.
ADOPTED this 14th day of May 2025.
Scott Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
Item 2A - Page 13
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 May 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
Item 2A - Page 14
Item 2A - Page 15
EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 27
SIENA, TRACT MAP NO. 38846
I hereby certify that on May 14, 2025, I canvassed the returns of the election held on May 14, 2025, for the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 27, and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows, and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner Ballots Landowner Votes
Ballots Cast Votes Cast YES NO
City of Palm Springs
CFD No. 2005-1, Annexation No. 27
Landowner Special Tax Election
May 14, 2025 1 1 5 5 5 0
______
BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2005-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 27 to the CFD in accordance with the rate and method of apportionment described in the Resolution of Intention adopted by the City Council of the City of Palm Springs on March 27, 2025?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON this 14th day of May 2025.
Isl Brenda Pree
City Clerk
City of Palm Springs
Item 2A - Page 16
EXHIBIT B
AMENDED NOTICE OF SPECIAL TAX LIEN
Item 2A - Page 17
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
AMENDED NOTICE OF SPECIAL TAX LIEN
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 27 SIENA, TRACT # 38846
Pursuant to the requirements of Sectio n 3114.5 of the Calif ornia Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned City Clerk of the City of Palm Springs (the “City”), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of police services, fire protection, suppression services, and life safety services, and said special tax is to be levied according to the rate and method of apportionment set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the Co unty Recorder of the Co unty of Riverside, State of California on November 1, 2005, as Document No. 2005-0804134, in Book 64, Pages 71-77, of Maps of Assessment and Community Facilities Districts, to which reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference.
This 27th Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) the lands set forth in that certain “Annexation Map No. 27 of the Community Facilities District No. 2005-1 (Public Safe ty Services), County of Riverside, State of California,” heretofore recorded on April 7, 2025, at 1:58 p.m., in Book 95 of Maps of Assessment and Community Facilities Districts at Page 78, in the office of the County Recorder of the County of Riverside, State of California.
The assessor’s parcel numbers of all pa rcels or any portion thereof which are included in this 27
th Amendment to Notice of Special Tax Lien, together with the names of the owners thereof, as they appear on the latest secured assessment roll as of the date of Item 2A - Page 18
recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.
For further information concerning the current and estima ted future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the Ci ty of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262; telephone number (760) 322-8361.
Date: ___________________
By: _______________________________________
District Clerk
Item 2A - Page 19
EXHIBIT A
DESCRIPTION OF LANDOWNER PROPERTIES
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 27 SIENA, TRACT # 38846
Assessor’s Parcel Number Acres Property Owner
504-310-027 4.37 PALM CANYON MONAGHAN
Item 2A - Page 20
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
ANNEXATION OF CERTAIN PROPERTIES INTO COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 28,
CALLING AND CONDUCTING THE SPECIAL ELECTION
RECOMMENDATION:
Open the public hearing and take public testimony and property owner protests for proposed Annexation No. 28 into Community Facilities District No. 2005-1 (Public Safety Services).
1. Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 28, SERENA PARK, TRACT MAP NOS. 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE
LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.”
2. Conduct special election and the City Clerk to canvass results.3.
Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF
A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING
VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 28, SERENA PARK, TRACT MAP NOS. 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”
4. Attachments
Item 2B
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 PUBLIC HEARING
SUBJECT: ANNEXATION OF CERTAIN PROPERTIES INTO COMMUNITY FACILITIES DISTRICT (CFD) NO. 2005 -1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 2 8, CALLING AND CONDUCTING THE SPECIAL
ELECTION
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
The City Council previously established Community Facilities District 2005 -1 (Public Safety Services) (CFD 2005- 1) in September 2005 to levy a special tax on "fee status" (non-Indian Allottee Leased or non- Tribal Trust properties) 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.
The City Council will conduct a public hearing. If no majority protest is received for the annexation, the City Council will call and conduct a special election and adopt a resolution declaring the results of the special landowner election.
RECOMMENDATION:
1) Open the public hearing and take public testimony and property owner protests for proposed Annexation No. 28 into Community Facilities District No. 2005-1 (Public Safety Services).
2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 28, SERENA PARK, TRACT MAP NOS. 39025, 36691 -1, 36691-2, 36691-3, 36691- 4, 36691- 5, 36691- 6, AND 36691, INTO COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (P UBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A
SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.”
3) Conduct special election and the City Clerk to canvass results.
Item 2B - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
CFD No. 2005-1 (Annexation No. 28)
4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A
SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY
OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 28, SERENA PARK, TRACT MAP NOS. 39025, 36691-1, 36691-2, 36691-3, 36691- 4, 36691- 5, 36691- 6, AND 36691, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).”
BACKGROUND:
The City Council created Community Facilities District 2005- 1 (Public Safety Services) CFD 2005- 1) to allow the City to levy a special tax on certain "fee status" (non- Indian Allottee Leased or Tribal Trust properties) 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 Act of 1982 (“Act”), 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 the original CFD 2005- 1. As new residential developments on " fee status" lands have been approved by the City, they are conditionally approved with a requirement to annex into CFD 2005- 1. CFD 2005-1 was specifically established separately from the City's other CFD, Community Facilities District 2007 -1 (Public Safety Services) (CFD 2007- 1), for developments located on Indian Allottee Leased or Tribal Trust lands and cannot be annexed into the existing CFD 2005-1 due to their unique ownership status.
STAFF ANALYSIS:
The City Council has identified the need for additional funding sources for police protection, fire protection, and life safety services, especially those services that are created by new development within the City. In response to the need for additional funding for such services, the City Council formed Community Facilities District 2005- 1 (the "CFD") and the levy of special taxes therein.
The City Council created the Community Facilities District to assist in the financing of police, fire, and life safety services to new residential development. This type of financing program, which is authorized under the Act, envisioned the participation of all future new development projects, either by formation of new districts or annexation into the existing CFD.
This project has a condition of project approval, a requirement to participate in the process of annexing into the CFD for public safety services. Although the City could form a separate CFD for this development, it is simpler and less costly to annex this project into the existing CFD since the Rate and Method of Apportionment established for CFD 2005- Item 2B - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
CFD No. 2005-1 (Annexation No. 28)
1 governs the levy of special taxes not only within the original boundaries of the CFD but, also, within all subsequent annexations.
On March 27, 2025, the City Council declared its intention to annex territory to the CFD by the adoption of Resolution No. 25286, "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN ANNEXATION NO. 28.”
Staff recommends that the City Council conduct the public hearing and receive public testimony and any landowner protests. If a majority protest is not received, the City Council may call and conduct the special landowner election for Annexation No. 28 to CFD 2005-1. Following the canvass of ballots by the City Clerk, the results of the special election will be announced, and the City Council may adopt the resolution declaring the election results. Upon adoption of the resolution, the City Clerk shall record the Notice of Special Tax Lien with the County Recorder.
ENVIRONMENTAL ASSESSMENT
:
The requested action by the City Council 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 the potential to result 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.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Strategic Plan Broad Goal of Economic Development.
FISCAL IMPACT:
Following the annexation of the Serena Park project into CFD 2005- 1, and after construction of the housing units (issuance of building permits), the special tax to be levied within the development will generate an additional $193,000 annually, based on the Fiscal Year 2024-25 rates, to be used specifically for public safety services. Fiscal Year 2025- 26 rates are not yet available as CPI numbers have not yet been published as of May 1, 2025.
Item 2B - Page 3
City Council Staff Report
May 14, 2025 -- Page 4
CFD No. 2005-1 (Annexation No. 28)
REVIEWED BY:
City Engineer: Joel Montalvo
Director of Finance: Kristopher J. Mooney
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution No. _____ Authorizing Annexation No. 28
B. Resolution No. _____ Declaring Annexation No. 28 Election Results
Item 2B - Page 4
ATTACHMENT A
Item 2B - Page 5
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION
NO. 28, SERENA PARK, TRACT MAP NOS. 39025, 36691-1,
36691-2, 36691-3, 36691-4, 36691- 5, 36691-6, AND 36691, INTO COMMUNITY FACILITI ES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF
A SPECIAL TAX, AND SUBMITTI NG THE LEVY OF SPECIAL
TAX TO QUALIFIED ELECTORS.
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 Sp rings (the "City") previously conducted proceedings to establish the City of Palm Sp rings Community Facilities District No. 2005-1 (Public Safety Services) (the "District"), and
WHEREAS, this City Council on March 27, 2025, adopted its Re solution No. 25286 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 and to Authorize the Levy of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services ), Annexation No. 28, Serena Park, Tract Map Nos. 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, and 36691" ("Resolution of Intention") stating its int ention to annex the terr itory to the District pursuant to the Act; and
WHEREAS, a copy of the Resolution of Int ention, incorporating a description and map of the proposed boundaries of the te rritory to be annexed to the District, stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and
WHEREAS, at the hearing all interested pers ons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and
WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of te rritory to the District by (i) any registered voter residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of the owners of land in the Item 2B - Page 6
existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and
WHEREAS, Annexation Map No. 28 of the District has been filed with the County Recorder of the County of Riverside, which map shows the territory to be annexed in these proceedings and a copy of the map is on file with the City Clerk.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. All prior proceedings taken by this City Council with respect to the District and the proposed 28th annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act and the District has been validly established pursuant to the Act.
SECTION 3. The boundaries of the terri tory to be annexed to the District, as set forth in the map entitled "Annexation Map No. 28 of Community Facilities District No. 2005-1 (Public Safety Services)," on file wit h the City Clerk and heret ofore recorded in the Riverside County Recorder's Office on April 7, 2025, at 1:58 p.m., in Book 95 of Maps and Community Facilities Districts at P age 79, are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
SECTION 4. The provisions of the Re solution of Intention are, by this reference incorporated herein, as if fully set forth herein.
SECTION 5. Pursuant to the provisions of the Act, the pr oposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefore as hereinafter provided.
SECTION 6. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territor y proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these annexation proceedings.
Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that the qualified electors for purposes of the annexati on election are the landowners within the territory proposed to be annexed to the District and that t he vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.
SECTION 7.
This City Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room Item 2B - Page 7
of the City Council immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the City Clerk to determi ne the boundaries of the territory to be annexed to the District.
SECTION 8. The voted ballots shall be returned to the City Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted, the election shall be closed.
SECTION 9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code.
SECTION 10. This City Council acknowle dges that the City Clerk has caused to be delivered to the qualified electors of th e area to be annexed a ballot in the form set forth in Exhibit "A" hereto. The ballot indicat ed the number of votes to be voted by each landowner.
SECTION 11. The ballot was accom panied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) t he name and address of the landowner, (b) a declaration, under penalty of perjury, stati ng that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signatur e, and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope cont ains an official ballot and is to be opened only by the canvassing City Council.
SECTION 12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.
SECTION 13. The City Clerk shall accept th e ballots of the qualified electors in the City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The City Clerk shall have ballots available which may be marked at said loca tion on the election day by the qualified electors.
SECTION 14.
This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this City Council finds and Item 2B - Page 8
determines that, to the extent that the qualif ied elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measur e analysis and arguments and will have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election.
SECTION 15. This Resolution shall take effect upon its adoption.
ADOPTED this 14
th day of May 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 May 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
Item 2B - Page 9
EXHIBIT A
OFFICIAL BALLOT
LANDOWNER SPECIAL TAX ELECTION
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 28 - SERENA PARK
TRACT MAP NOS. 39025, 36691-1, 36691-2, 36691-3,
36691-4, 36691-5, 36691-6, AND 36691
This ballot is for a special landowner elec tion. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 5:30 p.m. on May 14, 2025, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262.
To vote, mark a cross (X) in the voting sq uare after the word "YES" or after the word "NO". All distinguishing marks other wise made are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another.
BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2005-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 28 to the CFD in accordance with the rate and method of apportionment described in the Resolution of Intention No. 25286 adopted by the Council of the Cit
y of Palm Springs on March 27, 2025?
YES:
NO:
By execution in the space provided below, you 1) declare under penalty of perjury that you are the owner of record or the authorized representativ e of the landowner entitled to vote this ballot; and 2) confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to t he ballot measure, as such waivers are described and permitted by Sections 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 155
Property Owner: Serena 386
Attention: Attn: Nick Pappas
265 Baywood Drive
Newport Beach, CA 92660
B y :
T i t l e :
Item 2B - Page 10
ATTACHMENT B
Item 2B - Page 11
RESOLUTION NO. ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS,
CALIFORNIA, DECL ARING THE RESULTS OF A
SPECIAL ANNEXATION LANDOWNER ELECTION,
DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND
DIRECTING THE RECORDING OF AN AMENDED NOTICE OF
SPECIAL TAX LIEN FOR ANNEXATION NO. 28, SERENA PARK,
TRACT MAP NOS. 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691, IN TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
WHEREAS, under the Mello-Roo
s 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 Sp rings (the "City") pr eviously conducted proceedings to establish the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (the "CFD"), and
WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this City Council has adopted a Resolution entitled "A Resolution of the City Council of the City of Palm Springs, California, Authorizing Annexation No. 28, Serena Park, Tract Map Nos. 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, and 36691, into Community Facilities District No. 2005-1 (Public Safety Services), Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors," (the "Resolution of Annexation"), which call ed for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the CFD; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held, and the City Clerk has on file a Canvass and Statement of Results of Election (the "Canvass") a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the CFD.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION
2. The issue presented at the special election was the levy of a special tax within the territory annexed to the CFD, to be levied in accordance with the formula heretofore approved by this Cit y Council, all as described in Resolution No. 25286, 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 and to Authorize the Item 2B - Page 12
Levy of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 28, Serena Park, Tract Map Nos. 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, and 36 691," adopted by this City Council on March 27, 2025.
SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was appro ved by the landowners of the territory annexed to the CFD by more than two-thirds (2/3) of the votes cast at the special election.
SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the CFD and this City Council may levy special taxes therein as heretofore provided in these proceedings.
SECTION 5. It is hereby found that a ll prior proceedings and actions taken by this City Council with respect to the CFD and the territory annexed thereto were valid and in conformity with the Act.
SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Riverside an Amended Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code, a copy of which is attached hereto as Exhibit B.
SECTION 7. This Resolution shall take effect upon its adoption.
ADOPTED this 14th day of May 2025.
Scott Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
Item 2B - Page 13
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 May 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
Item 2B - Page 14
Item 2B - Page 15
EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 28 – SERENA PARK
TRACT MAP NOS. 39025, 36691-1, 36691-2, 36691-3,
36691-4, 36691-5, 36691-6, AND 36691
I hereby certify that on May 14, 2025, I canvassed the returns of the election held on May 14, 2025, for the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 28, and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows, and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner Ballots Landowner Votes
Ballots Cast Votes Cast YES NO
City of Palm Springs
CFD No. 2005-1, Annexation No. 28
Landowner Special Tax Election
May 14, 2025 1 1 155 155 155 0
______
BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2005-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 28 to the CFD in accordance with the rate and method of apportionment described in the Resolution of Intention adopted by the City Council of the City of Palm Springs on March 27, 2025?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON this 14th day of May 2025.
Isl Brenda Pree
City Clerk
City of Palm Springs
Item 2B - Page 16
EXHIBIT B
AMENDED NOTICE OF SPECIAL TAX LIEN
Item 2B - Page 17
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
AMENDED NOTICE OF SPECIAL TAX LIEN
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 28 - SERENA PARK, TRACT MAP
NOS. 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691
Pursuant to the requirements of Section 3114.5 of the Cali fornia Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned City Clerk of the City of Palm Springs (the “City”), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of police services, fire protection, suppression services, and life safety services, and said special tax is to be levied according to the rate and method of apportionment set forth in that certain Notice of Special Tax Lien heretofore recorded in the Office of the Co unty Recorder of the Co unty of Riverside, State of California on November 1, 2005, as Document No. 2005-0804134, in Book 64, Pages 71-77, of Maps of Assessment and Community Facilities Districts, to which reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference.
This 28th Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) the lands set forth in that certain “Annexation Map No. 28 of the Community Facilities District No. 2005-1 (Public Safe ty Services), County of Riverside, State of California,” heretofore recorded on April 7, 2025, at 1:58 p.m., in Book 95 of Maps of Assessment and Community Facilities Districts at Page 79, in the office of the County Recorder of the County of Riverside, State of California.
Item 2B - Page 18
The assessor’s parcel numbers of all pa rcels or any portion thereof which are included in this 28th Amendment to Notice of Special Tax Lien, together with the names of the owners thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.
For further information concerning the current and estima ted future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the Ci ty of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262; telephone number (760) 322-8361.
Date: ___________________
By: _______________________________________
District Clerk
Item 2B - Page 19
EXHIBIT A
DESCRIPTION OF LANDOWNER PROPERTIES
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 28 – SERENA PARK, TRACT MAP
NOS. 39025, 36691-1, 36691-2, 36691-3, 36691-4, 36691-5, 36691-6, AND 36691
Assessor’s Parcel Number Acres Property Owner
501-190-011 84. 61 SERENA 386
501-190-014 83. 65 SERENA 386
669-480-027 33. 72 SERENA 386
669-590-066 0.26 SERENA 386
Item 2B - Page 20
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
ANNEXATION OF CERTAIN PROPERTIES INTO COMMUNITY FACILITIES DISTRICT (CFD) NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 4,
CALLING AND CONDUCTING THE SPECIAL ELECTION
RECOMMENDATION:
Open the public hearing and take public testimony and property owner protests for proposed Annexation No. 4 into Community Facilities District No. 2007-1 (Public Safety Services).
1. Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 4, LATITUDE 61, TRACT MAP NO. 38776, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE
LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.”
2. Conduct special election and the City Clerk to canvass results.3.
Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF
A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING
VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDED NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 4, LATITUDE 61, TRACT MAP NO. 38776, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES).”
4. Attachments
Item 2C
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 PUBLIC HEARING
SUBJECT: ANNEXATION OF CERTAIN PROPERTIES INTO COMMUNITY FACILITIES DISTRICT (CFD) NO. 2007 -1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 4, CALLING AND CONDUCTING THE SPECIAL
ELECTION
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
The City Council previously established Community Facilities District No. 2007- 1 (Public Safety Services)(“CFD 2007- 1”) in October 2007 to levy a special tax on leasehold interests in Tribal Trust and allotted lands located within the City of Palm Springs. The CFD was created to provide a long- term financing mechanism to sustain the delivery of police, fire, and life safety services to new development occurring on Tribal lands within the City.
The City Council will conduct a public hearing regarding the proposed annexation of certain properties, identified as Annexation No. 4 (Latitude 61, Tract Map No. 38776), into CFD 2007-1. If no majority protest is received at the hearing, the City Council will proceed to call and conduct a special landowner election and adopt a resolution declaring the results of that election.
RECOMMENDATION:
1) Open the public hearing and take public testimony and property owner protests for proposed Annexation No. 4 into Community Facilities District No. 2007- 1 (Public Safety Services).
2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 4, LATITUDE 61, TRACT MAP NO. 38776, INTO COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE
LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.”
Item 2C - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
CFD No. 2007-1 (Annexation No. 4)
3) Conduct special election and the City Clerk to canvass results.
4) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A
SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY
OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDED NO TICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 4, LATITUDE 61, TRACT MAP NO. 38776, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES).”
BACKGROUND:
The City Council created Community Facilities District No. 2007- 1 (Public Safety Services) (“CFD 2007-1”) in October 2007 to provide a financing mechanism to support the delivery of police, fire, and life safety services to new residential development on Indian Allottee Leased and Tribal Trust lands located within the City of Palm Springs. This type of financing program, authorized under the Mello- Roos Community Facilities Act of 1982 (the “Act”), envisioned the participation of future development projects on these lands through either the formation of new districts or annexation into CFD 2007-1. Unlike CFD 2005 -1, which was formed to levy special taxes on “fee status” properties, CFD 2007-1 was specifically established to account for the unique jurisdictional and ownership status of Indian lands, including land held in trust by the United States g overnment.
Properties located on Tribal Trust or Indian Allotment lands are not eligible to annex into CFD 2005-1 and must instead be annexed into CFD 2007- 1 if they are to contribute to the funding of public safety services through special tax levies.
STAFF ANALYSIS:
The City Council has identified the need for additional funding sources for police protection, fire protection, and life safety services, particularly those services necessitated by new residential development within the City. In response to this need, the City Council formed Community Facilities District No. 2007-1 (Public Safety Services) (“CFD 2007-1”) to allow for the levy of special taxes on Indian Allottee Leased and Tribal Trust lands where development occurs. CFD 2007- 1 was created to provide a dedi cated and sustainable financing mechanism to support the delivery of public safety services to new development projects on federally managed Indian lands. This type of special tax financing, which is authorized under the Mello- Roos Community Facilities Act of 1982, envisions the participation of future Tribal and Allottee land development projects through annexation into CFD 2007-1.
The Latitude 61 project (Tract Map No. 38776) has a condition of approval requiring participation in the annexation process for CFD 2007-1 to ensure it contributes equitably to the costs of City public safety services. While the City could technically form a new district for this project, it is administratively simpler and more cost -effective to annex the property into the existing CFD 2007-1, which already has an established Rate and Method Item 2C - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
CFD No. 2007-1 (Annexation No. 4)
of Apportionment governing the levy of special taxes both within the original CFD boundaries and any subsequent annexations.
On March 27, 2025, the City Council declared its intention to annex territory to Community Facilities District No. 2007-1 (Public Safety Services) by adopting Resolution No. 25284, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2007 -1 (PUBLIC SAFETY
SERVICES) AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN (ANNEXATION NO. 4, LATITUDE 61, TRACT MAP NO. 38776).”
Staff recommends that the City Council conduct the public hearing and receive public testimony and any landowner protests. If a majority protest is not received, the City Council may proceed to call and conduct the special landowner election for Annexation No. 4 to CFD 2007-1. Following the canvass of ballots by the City Clerk, the results of the election will be announced, and the City Council may adopt the resolution declaring the election results. Upon adoption of that resolution, the City Clerk will execute and record the Amended Notice of Special Tax Lien with the Riverside County Recorder.
ENVIRONMENTAL ASSESSMENT
:
The requested action by the City Council 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 the potential to result 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 2007- 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.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Strategic Plan Broad Goal of Economic Development.
FISCAL IMPACT:
Following the annexation of the Latitude 61 project into CFD 2007- 1, and after construction of the housing units (issuance of building permits), the special tax to be levied within the development will generate an additional $29,683 annually, based on the Fiscal Year 2024-25 rates, to be used specifically for public safety services. Fiscal Year 2025- 26 rates are not yet available as CPI numbers have not yet been published as of May 1, 2025.
Item 2C - Page 3
City Council Staff Report
May 14, 2025 -- Page 4
CFD No. 2007-1 (Annexation No. 4)
REVIEWED BY:
City Engineer: Joel Montalvo
Director of Finance: Kristopher J. Mooney
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution No. ___ Authorizing Annexation No. 4
B. Resolution No. ___ Declaring Annexation No. 4 Election Results
Item 2C - Page 4
ATTACHMENT A
Item 2C - Page 5
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 4, LATITUDE 61, TRACT NO. 38776,
INTO COMMUNITY FACILI TIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES ), AUTHORIZING THE LEVY
OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF
SPECIAL TAX TO QUALIFIED ELECTORS.
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. 2007-1 (Public Safety Services) (the "District"), and
WHEREAS, this City Council on March 27, 2025, adopted its Resolution No. 25284 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 "Resolution of Intention") stating its intention to annex the territory to the District pursuant to the Act; and
WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District, stating the services to be funded by the District and t he rate and method of apportionment of the special tax to be levied within t he District to pay for the servic es is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and
WHEREAS, at the hearing all interested per sons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were hear d and a full and fair hearing was held; and
WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of t he owners of land in the existing District, or (ii) any of the owners of land in the territory proposed to be annexed to the District; and
WHEREAS, Annexation Map No. 4 to the Distri ct has been filed with the County Recorder of the Count y of Riverside, which map shows the territory to be annexed in Item 2C - Page 6
these proceedings, and a copy of the map is on file with the City Clerk.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. All prior proceedings taken by this City Council with respect to the District and the proposed 4 th annexation of territory ther eto have been duly considered and are hereby determined to be valid and in conformity with the Act and the District has been validly established pursuant to the Act.
SECTION 3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled "Annexation Map No. 4 of Community Facilities District No. 2007- 1 (Public Safety Services)," on file with the City Clerk and heretofore recorded in the Riverside County Recorder's Office on April 7, 2025, in Book 95 of Maps and Community Facilities Districts at Page 80, are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
SECTION 4. The provisions of the Reso lution of Intention are, by this reference incorporated herein, as if fully set forth herein.
SECTION 5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annex ed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefore as hereinafter provided.
SECTION 6. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of t he public hearing heretofore conducted and concluded by this City Council for the purposes of these annexation proceedings.
Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that the qualified electors for purposes of the annexation election ar e the landowners within the territory proposed to be annexed to the Distric t and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.
SECTION 7.
This City Council hereby calls a special election to consider the measure described in Section 5 above, which el ection shall be held in the meeting room of the City Council immediately following adoption of this Reso lution. The City Clerk is hereby designated as the official to conduct sa id election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to th e District, and a sufficient description to allow the City Clerk to determine the boundarie s of the territory to be annexed to the Item 2C - Page 7
District.
SECTION 8. The voted ballots shall be returned to the City Clerk no later than immediately following the adopti on of this Resolution; and when the qualified electors have voted, the election shall be closed.
SECTION 9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code.
SECTION 10. This City Council acknowle dges that the City Clerk has caused to be delivered to the qualified electors of th e area to be annexed a ballot in the form set forth in Exhibit "A" hereto. The ballot indicated the number of votes to be voted by each landowner.
SECTION 11. The ballot was accom panied by all supplies and written instructions necessary for t he use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and addr ess of the landowner, (b) a declaration, under penalty of perjury, stating that the vote r is the owner of re cord or authorized representative of the landowner entitled to vote and is t he person whose name appears on the envelope, (c) the print ed name, signature, and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope cont ains an official ballot and is to be opened only by the canvassing City Council.
SECTION 12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.
SECTION 13. The City Clerk shall accept th e ballots of the qualified electors in the City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The City Clerk shall have ballots available which may be marked at said lo cation on the election day by the qualified electors.
SECTION 14.
This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contain a waiver of any time limit pertaining to the conduct of the election and a wa iver of any requirement for ballot measure analysis and arguments in connection with the election. A ccordingly, this City Council finds and determines that, to the extent that the qua lified elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments and will have thereby been fully protected in these proceedings. This City Council al so finds and determines that the City Clerk has concurred in the shortened time for the election.
Item 2C - Page 8
SECTION 15. This Resolution shall take effect upon its adoption.
ADOPTED this 14
th day of May 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 May 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
Item 2C - Page 9
EXHIBIT A
OFFICIAL BALLOT
LANDOWNER SPECIAL TAX ELECTION
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES) ANNEXATION NO. 4
LATITUDE 61, TRACT MAP NO. 38776
This ballot is for a landowner special tax election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 5:30 p.m. on May 14, 2025, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262.
To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All distinguishing marks other wise made are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another.
BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2007-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 4 to the CFD in accordance with the rate and method of apportionment described in the Resolution of Intention No. 25284 adopted by the Council of the Cit
y of Palm Springs on March 27, 2025?
YES:
NO:
By execution in the space provided below, you 1) declare under penalty of perjury that you are the owner of record or the authorized representative of the landowner entitled to vote this ballot; and 2) confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notic e of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Sections 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 5
Property Owner: Agua Caliente Band of Cahuilla Indians Attn: Reid D. Milanovich
5401 Dinah Shore Drive
Palm Springs, CA 92264
B y :
T i t l e :
Item 2C - Page 10
ATTACHMENT B
Item 2C - Page 11
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ANNEXATION LANDOWNER
ELECTION, DETERMININ G VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF
AN AMENDED NOTICE OF SPECIAL TAX LIEN FOR
ANNEXATION NO. 4, LATITU DE 61, TRACT NO. 38776
INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government C ode; 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. 2007-1 (Public Safety Services) (the "CFD"), and
WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this City Council has adopted a Resolution entitled "A Resolution of the City Council of the City of Palm Springs, Ca lifornia, Authorizing Annexation No. 4, Latitude 61, Tract Map No. 38776, into Community Facilities District No. 2007-1 (Public Safety Services), Authorizing the Levy of a Special Tax, an d Submitting the Levy of Special Tax to Qualified Electors," (the "Resolution of Annexation"), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the CFD; and
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the s pecial election has been held, and the City Clerk has on file a Canvass and Statement of Results of Election (the "Canvass") a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the CFD.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION
2. The issue presented at the special election was the levy of a special tax within the territory annexed to the CFD, to be levied in accordance with the formula heretofore approved by this City Council, all as described in Resolution No. 25284, entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring its Intention to Annex Territory into a Comm unity Facilities District and to Authorize the Item 2C - Page 12
Levy of Special Taxes for City of Palm Spri ngs Community Facilities District No. 2007-1 (Public Safety Services), Annexation No. 4, Latitude 61, Tract Map No. 38776," adopted by this City Council on March 27, 2025.
SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the CFD by more than two-thirds (2/3) of the votes cast at the special election.
SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the CFD and this City Council may levy special taxes therein as heretofore provided in these proceedings.
SECTION 5. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the CFD and the territory annexed th ereto were valid and in conformity with the Act.
SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Riverside an Amended Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code, a copy of which is attached hereto as Exhibit B.
SECTION 7. This Resolution shall take effect upon its adoption.
ADOPTED this 14
th day of May 2025.
Scott Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
Item 2C - Page 13
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 May 14, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
Item 2C - Page 14
EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 4
LATITUDE 61, TRACT # 38776
I hereby certify that on May 14, 2025, I canvassed the returns of the election held on May 14, 2025, for the City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services) Annexation No. 4, and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows, and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner Ballots Landowner Votes
Ballots Cast Votes Cast YES NO
City of Palm Springs
CFD No. 2007-1, Annexation No. 4
Landowner Special Tax Election
May 14, 2025 1 1 5 5 5 0
______
BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2007-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 4 to the CFD in accordance with the rate and method of apportionment described in the Resolution of Intention adopted by the City Council of the City of Palm Springs on March 27, 2025?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON this 14th day of May 2025.
Isl Brenda Pree
City Clerk
City of Palm Springs
Item 2C - Page 15
EXHIBIT B
AMENDED NOTICE OF SPECIAL TAX LIEN
Item 2C - Page 16
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
City Clerk
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
AMENDED NOTICE OF SPECIAL TAX LIEN
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 4 LATITUDE 61, TRACT #38776
Pursuant to the requirements of Section 3114.5 of the Cali fornia Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned City Clerk of the City of Palm Springs (the “City”), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City, on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of police services, fire protection, suppression services, and life safety services, and said special tax is to be levied according to the rate and method of apportionment set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the Co unty Recorder of the Co unty of Riverside, State of California on October 24, 2007, as Do cument No. 2007-0654008, in Book 72, Page 36 of Maps of Assessment and Community Facilities Districts, to which the reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference.
This 4th Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of the City of Palm Springs Comm unity Facilities District No. 2007-1 (Public Safety Services) the lands set forth in that certain “Annexation Map No. 4 of the Community Facilities District No. 2007-1 (Public Safety Services), County of Riverside, State of California,” heretofore recorded on April 7, 2025, at 1:58 p.m., in Book 95 of Maps of Assessment and Community Facilities Districts at Page 80 in the office of the County Recorder of the County of Riverside, State of California.
The assessor’s parcel numbers of all pa rcels or any portion thereof which are included in this 4
th Amendment to Notice of Special Tax Lien, together with the names of the owners thereof, as they appear on the latest secured assessment roll as of the date of Item 2C - Page 17
recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof.
For further information concerning the current and estima ted future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the Ci ty of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262; telephone number (760) 322-8361.
Date: ___________________
By: _______________________________________
District Clerk
Item 2C - Page 18
EXHIBIT A
DESCRIPTION OF LANDOWNER PROPERTIES
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 4 LATITUDE 61, TRACT #38776
Assessor’s Parcel Number Acres Property Owner
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 2C - Page 19
CITY COUNCIL STAFF REPORT
05/14/2025
SUBJECT:
DELINQUENT WASTE DISPOSAL CHARGES
RECOMMENDATION:
Open the public hearing and receive public testimony.1.
Adopt Resolution No. entitled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN
WASTE DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE
PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX
ROLLS FOR COLLECTION.”
2. Attachments
Item 2D
CITY COUNCIL STAFF REPORT
DATE: MAY 14, 2025 PUBLIC HEARING
SUBJECT: DELINQUENT WASTE DISPOSAL CHARGES
FROM: Scott C. Stiles, City Manager
BY: Office of Sustainability
SUMMARY:
In accordance with the Palm Springs Municipal Code, all residential properties must have trash collection services and pay a mandatory waste disposal fee, unless granted an exemption from the City. Annually, the City receives a list from its franchised waste hauler, Palm Springs Disposal Services, of all properties that have not paid their waste disposal fee. In order to collect the unpaid charges, Palm Springs Disposal Services, pursuant to their franchise agreement with the City, has requested that these properties be placed on the County Property Tax Rolls for collection. The waste hauler has made all reasonable efforts to diligently pursue and collect all fees and charges due to them. However, a number of accounts still remain unpaid , as indicated in the list on file in the City Clerk’s Office. This action is consistent with past practice and the applicable legal requirements.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE
DISPOSAL ACCOUNTS TO BE DELINQUENT AND DIRECTING THE
PLACEMENT OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX
ROLLS FOR COLLECTION.”
BACKGROUND:
The City requires all residential properties to have trash collection services and to pay a mandatory waste disposal service fee, unless granted an exemption as provided under Palm Springs Municipal Code Section 6.04.200(d). The collection of trash from all inhabited properties is essential to maintaining the health and safety of the community at large.
Item 2D - Page 1
City Council Staff Report
May 14, 2025 -- Page 2
Delinquent Waste Disposal Charges
State law authorizes cities to collect trash bills (or, if they wish, only delinquent trash bills) on the tax rolls (Sections 38790.1 and 25831 of the California Government Code). The justification for this is that the provision of trash service does, in t he State Legislature’s view, provide value to the real property – specifically, it prevents the property from becoming a nuisance.
STAFF ANALYSIS:
Each year Palm Springs Disposal Services provides a list of all delinquent accounts to the City for placement on the property tax rolls. Collection of delinquent solid waste charges through the tax rolls is authorized under Palm Springs Municipal Code Section
6.04.215 and Sections 38790.1 and 25831 of the California Government Code. This year, a total of 858 customers were identified with delinquent accounts representing approximately $698,127.76 in lost revenues to the waste disposal company. A list of all delinquent accounts is available to the public by calling the City Clerk’s Office at (760) 323-8204.
Notification of this hearing was mailed to each property owner on the delinquent list in advance of the 14- day notification deadline. Since the mailing of these notices, Palm Springs Disposal Services has received payment from numerous property owners, reducing the need to lien all properties on the list. City of Palm Springs staff has also received calls from property owners and has assisted them in contacting Palm Springs Disposal Service to make payments. Delinquent account holders may contact Palm Springs Disposal Service until June 6, 2025 at 5:00 PM to pay the balance due by credit card, check or cash.
A final list, with any payments, credits and other adjustments received after the public hearing, will be submitted to the County Auditor-Controller’s Office on June 30, 2025. Any account still delinquent after this date will be placed on the County property tax rolls for collection. All amounts collected by the County will be remitted to the City. Palm Springs Disposal Services has agreed to pay the City 10% of the total amou nt collected as reimbursement of its cost to place these accounts on the tax rolls.
The proposed hearing is consistent with past practice and applicable legal requirements.
Action to collect debts through the tax roll process is a cost effective and efficient method of debt collection. Moreover, if Palm Springs Disposal Services is unable to collect from these delinquent accounts, the service fees for all other customers may have to be increased to cover the bad debt.
ENVIRONMENTAL ASSESSMENT
:
Section 15061 (b)(3) of the California Environmental Quality Act (“CEQA”) Guidelines exempts activities that are covered under the general rule that CEQA applies only to projects that have the potential to cause significant effects on the environment. Where it can be seen with certainty that there is no possibility the activity in question may have a Item 2D - Page 2
City Council Staff Report
May 14, 2025 -- Page 3
Delinquent Waste Disposal Charges
significant effect upon the environment, the activity is not subject to CEQA.
ALIGNMENT WITH STRATEGIC PLANNING:
This resolution aligns with the City Council’s sustainability priorities.
FISCAL IMPACT:
Because the City receives franchise, administrative, recycling and diversion facility fees from Palm Springs Disposal Services, collection from all delinquent accounts should provide additional revenues to the City. In addition, Palm Springs Disposal Services has agreed to pay the City 10% of the total amount collected as reimbursement of its expenses for placing these delinquent accounts on the tax roll.
REVIEWED BY:
Department Director: Lindsey-Paige McCloy
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution
B. Notice of Public Hearing
C. Affidavit and Declaration from Palm Springs Disposal Services D. List of Delinquent Waste Charges and Letters Mailed (on file with the City Clerk) Item 2D - Page 3
ATTACHMENT A
Item 2D - Page 4
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DETERMINING CERTAIN WASTE DISPOSAL
ACCOUNTS TO BE DELINQUENT AND DIRECTING THE PLACEMENT
OF THESE ACCOUNTS ON THE COUNTY PROPERTY TAX ROLL FOR
COLLECTION.
WHEREAS, the City Council has determined that the collection of trash from all inhabited properties is essential to maintaining the health and safety of the community at large; and
WHEREAS, the City of Palm Springs (“City”) requires all residential properties to have trash collection services and to pay a mandatory waste disposal service fee unless granted an exemption as provided under Palm Springs Municipal Code Section
6.04.200(d); and
WHEREAS, the City’s franchised waste hauler, Palm Springs Disposal Services, is required to provide trash collection services to all residential properties regardless of whether payment has been made; and
WHEREAS, in lieu of Palm Springs Disposal Services discontinuing service where accounts become delinquent, the City of Palm Springs has agreed that the collection of delinquent accounts shall, after public hearing thereon, be made in the same manner, and at the same time, as the collection of ad valorem tax assessments; and WHEREAS, Section 38790.1 of the California Government Code authorizes the City to collect delinquent refuse bills through the placement of a special assessment to be collected with county taxes; and
WHEREAS, pursuant to Section 38790.1 and 25831 of the California Government Code all property owners have been notified of the delinquent account and the public hearing has been noticed and scheduled for May 14, 2025; and WHEREAS, the City Council, on May 14, 2025, held a duly-noticed public hearing on the delinquent accounts, heard all protests thereto, and found that said accounts were delinquent and should be placed on the tax roll to be collected as ad valorem tax assessments, as provided by California Government Code Section 38790.1 and Section 6.04.215 of the Palm Springs Municipal Code.
THE CITY COUNCIL OF THE CITY OF PAL M SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That Section 6.04.200 of the Pal m Springs Municipal Code provides that trash collection service s is mandatory, and the Cit y Council hereb y finds that the Item 2D - Page 5
Resolution No. _____