Agenda packet, regular meeting — Cathedral City City Council, May 11, 2022 (part 1 of 2)

CITY COUNCIL
AGENDA

Regular Meeting
Wednesday, May 11, 2022
5:30 PM

THIS MEETING WILL BE CONDUCTED IN PERSON AND VIA VIDEOCONFERENCE. IF YOU WOULD LIKE TO ATTEND VIA ZOOM PLEASE USE THE FOLLOWING LINK TO REGISTER IN ADVANCE:

AFTER REGISTERING, YOU WILL RECEIVE A CONFIRMATION EMAIL CONTAINING INFORMATION ABOUT JOINING THE MEETING.

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

MAYOR
Ernesto Gutierrez

CITY COUNCIL MEMBERS

Mayor Pro Tem
Rita Lamb

Councilmember
Mark Carnevale

Councilmember
Nancy Ross

Councilmember
Raymond Gregory
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• INVOCATION (MOMENT OF REFLECTION)
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.

1. PUBLIC COMMENT
Cathedral City P a g e 2
This is the opportunity for members o f the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not o n the agenda but may briefly respond to statements made or ask a questio n for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Public Comment will be limited to three (3) minutes.

2. COUNCIL REPORTS
This is an opportunity for each member of the City Council to report on any conferences they attend, local events or make any other comments they may have.

3. CONSENT AGENDA
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.

A. Waive Full Reading of Ordinances on Agenda
B. Minutes Approval

1. City Council - Special Meeting - Apr 20, 2022 2:00 PM

2. City Council - Study Session - Apr 27, 2022 3:00 PM

3. City Council - Regular Meeting - Apr 27, 2022 5:30 PM C. Cathedral City Fire Department Strategic Plan Adoption Recommendation: Approve the amended the 2021-2025 Cathedral City Fire Department Strategic plan.

D. ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT BUDGET
Recommendation: Adopt three Resolutions to renew the annual assessments with Street Lighting and Landscape Maintenance District No. 1 (Zones 1 through 54).

4. ITEMS PULLED FROM CONSENT

5. PUBLIC HEARINGS

6. LEGISLATIVE ACTIONS
A. Battle in the Desert Amateur Boxing Tournament
Recommendation: To approve SUP #22-004 to hold the annual Battle in the Desert on October 1, 2022 in the Cathedral City Community Amphitheater.

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B. Contract for Services Extension for Locations Unlimited and Locations 760
Recommendation: To approve a two-year contract extension for Locations Unlimited and Locations 760 as booking agents for the
Cathedral City Community Amphitheater.

C. Approval of the proposed SiFi Networks License Agreement an Open Source Fiber Optic Development Agreement
Recommendation: Approve the proposed License Agreement with SiFi Networks Cathedral City, LLC. to construct a citywide fiber optic network.

D. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.

Update on Emergency Actions taken by City, County, State of Federal Agencies.

Possible consideration of additional measures to be taken.

Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

7. DISCUSSION ON FUTURE AGENDA ITEMS
This is an opportunity for members of the City Council to request that, and for the City Council to discuss whether, one or more items should be added to the agenda of a future regular or s pecial City Council meeting. To comply with the Brown Act, discussion should be limited to whether to add the item(s), and direction given to the City Manager regarding scheduling and prioritization of the item(s).

8. CLOSED SESSION

ADJOURN
NOTES TO THE PUBLIC:

The City of Cathedral City complies with the Americans with Disab ilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.

If you desire to address the City Council during the meeting, please comp lete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon at the appropriate time.

Any documents provided to a majority o f the City Council regarding any item on this agenda will be made availabl e for public inspection in the City Clerk’s office at City Hall located at 68 -700 Avenida Lalo Guerrero during normal business hours. In addition, such documents will be posted on the City’s website at www.cathedralcity.gov.

CITY COUNCIL

MINUTES

Special Meeting
Wednesday, April 20, 2022
2:00 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

This meeting was conducted in person and via Zoom.

• CALL TO ORDER
The meeting was called to order at 2:00 PM by Mayor Ernesto Gutierrez. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 2:00 PM
Rita Lamb Mayor Pro Tem Present 2:00 PM
Mark Carnevale Councilmember Present 2:00 PM
Nancy Ross Councilmember Present 2:00 PM
Raymond Gregory Councilmember Present 2:00 PM

• AGENDA FINALIZATION
There were no changes to the Agenda.

1. AGENDA ITEMS
A. Cannabis Regulation and Tax Update
Recommendation: This item is presented for information, discussion and direction only.

City Manager Charles McClendon, reported that after the Ja nuary 12, 2022 City Council Meeting a staff working group was formed, consisting of staff involved in cannabis licensing, enforcement and tax collection, who were tasked with the assignment to review in de tail the current ordinances governing the operation of cannabis businesses in the City. He reported that the proposed changes were presented to the Cannabis Task Force on April 11, 2022. He provided a summary of the issues related to the ordinance that w ere identified and related policy questions that ne ed to be addressed. He noted that the Task Force

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agreed with the majority of the recommended changes and had robust discussions on just a few of the items. The only item that the Task Force did not necessarily agree with was related to the moratorium on local licensing for dispensaries south of interstate 10. He also presented an overview of the total of all Cannabis Taxes, the retail Cannabis Taxes, what the Coachella Valley Cultivation Tax Rates are, a nd what the Coachella Valley Manufacturing Tax Rates are. He also provided information on the Cultivation Tax structure, Retail Tax structure and the Manufacturing Tax structure.

Anna Gaeta, UFCW Local 1167, encouraged the City Council to leave the requirement to have a Labor Peace Agreement at 10 employees or more.

Maria Scagliotti expressed her support for outdoor consumption lounges. She also stated that she is not in support of lifting the moratorium for new dispensary licenses. She also expresse d her frustration that the City charges a cultivati on tax on square footage even when businesses are not cultivating. She feels that the activity or production of cultivating should be taxed, businesses not producing shouldn't be taxed. She feels that ch anges need to be made to move the industry forward.

Scott Reusczyk, Coachella Valley Cannabis Alliance Network (CVCAN), indicated that a number of concerns they had have been addressed in the report.

He stated that they are in favor of lifting the morato rium on dispensary licenses and requiring backgroun d checks to be in line with the State. He feels that consumption lounges are a good idea, and they support them. He urged the Council to lower taxes for the cannabis industry, he believes that it will bri ng more business to the community.

Rich Eaton than ked the Council for everything that they have done for the cannabis industry. He proposed that the City do a six month trial and lower the tax to 3% - 5%. He stated that if the City does the reduction an d loses money which results in the loss of a police officer, he will pay the salary for that position out of his own pocket.

Tom Lopez, referred to a press release that was put out by the California Department of Cannabis Control where they awarded nearly $100 million in grants to local governments throug h their Local Jurisdiction Assistance Program and encouraged the City to look into grant programs, they may be eligible for in an effort to assist the industry.

Charles Kieley, Co -Founder and CEO Kings Ga rden, indicated that he is a member of the Cannabis Task Force, and they spent a good amount of time discussing the items that are before the City Council. He stated that he is in support and recommends most of what the staff has recommended. He feels that any way the City can align with the State as it relates to licensing will streamline the operations for the businesses and will make it more desirable to operate a business in town. He would like to see a reduction in taxes. If the City does nothing it will likely lose more. He encouraged the Council to think from all perspectives.

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John Chaisson, Owner of Atomic Budz, stated that he does not support lifting the moratorium of dispensary licenses in the City. He feels that pricing is a determining factor and believes if there is a reduction in the tax , the amount of sales will increase. He stated that there has been no assistance for the cannabis industry and expressed how difficult it has been for them. He encouraged the Council to lower the taxes.

Kenneth Churchill expressed his concern with the t ax that the City charges for cannabis. He feels that if the taxes are not lowered the revenue received from the cannabis businesses will diminish. He feels there is going to be a loss one way or another. He believes that Cathedral City is not aligned wi th the other Coachella Valley cities, stating that the City has the highest taxes statewide. He stated that he does not support raising the cap on dispensary licenses. He feels that the City does not care about the issues of the industry.

The City Council recessed at 3:30 p.m.

The City Council reconvened at 3:35 p.m.

After Council discussion, it was the consensus of the City Council to support the recommended changes to the ordinance except for the fol lowing items, which Council would like further info rmation provided to them in order to make a decision:

• Additional follow-up information on Labor Peace Agreements. • Additional Information on Background Checks including the definition of “manager”.
• 5.88.070 Dispensary Operational Requirements - Product not visible to the Public - Work with legal on regulations related to advertisement. • Provide more information related to regulations on outdoor consumption lounges.
• Provide additional language on the definition of Residential Zone. • Provide informa tion to facilitate discussion related to retail and cultivation taxes.

ADJOURN
Mayor Ernesto Gutierrez adjourned the April 20, 2022, Special City Council Meeting at 4:23 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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CITY COUNCIL

MINUTES

Study Session
Wednesday, April 27, 2022
3:00 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

This meeting was conducted in person and via Zoom.

• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor Ernesto Gutierrez. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 3:00 PM
Rita Lamb Mayor Pro Tem Present 3:00 PM
Mark Carnevale Councilmember Present 3:00 PM
Nancy Ross Councilmember Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM

• AGENDA FINALIZATION

1. CLOSED SESSION
City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the following items listed on the agenda.

A. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1):

Name of Case and Number: Koslow v. DataTicket, et al.

Case Number: CVPS2103087
B. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees: Non-represented Employees

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Brad Anderson, Rancho Mirage, expressed his concern with other cities taking advantage of Closed Session to discuss items not listed on the agenda, and hopes the Council will only discuss the items listed on the agenda. He also encouraged the City Council to keep in mind what other cities are doing with employee negotiations and consider the cost of inflation when discussing Item B under Closed Session.

The City Council recessed to Closed Session at 3:05 p.m.

The City Council reconvened at 4:04 p.m.

City Attorney Eric Vail announced that the City Council met in Closed Session to discuss Item A. Conference with Legal Counsel for one case of existing litigation and there was no reportable action taken. They also discussed Item B . Conference with Labor Negotiator where direction was given, however, there was no reportable action taken.

2. PUBLIC COMMENT

3. STUDY SESSION
A. Community Development Block Grant (CDBG) FY 2022-27 Consolidated Plan Final Review, CDBG FY 2022-23 Annual Action Plan Introduction and Formation of a City Council Public Services Review Subcommittee Recommendation: Final review of the City's Community Development Block Grant (CDBG) FY 2022-27 Consolidated Plan (Con Plan);
and for Staff to introduce the FY 2022-23 Annual Action Plan (AAP); and, for the City Council to appoint a Subcommittee to assist Staff in the review of the Public Services proposals received.

Andrew Lee, Assistant Engineer, provided a p resentation related to the final review of the CDBG FY 2022 -2027 Con Plan and FY 2022 -23 Annual Action Plan Introduction. He indicated that staff would like to form a Public Services Subcommittee to help staff review proposals and asked that Council provid e their input on any organizations they would like t o receive proposals from. The following points where presented:

• Purpose of Study Session
• Schedule
• Con Plan
• Con Plan Public Outreach Process- Three Steps
• City Council Con Plan Discussions
• City Council Discussed Priority Needs
• FY 2022-23 AAP Introduction
• Background
• Past FY 2021-22 Allocation Table Template
• Public Services
• Public Improvements
• Public Services Subcommittee
• Public Services List for Initial Considerations

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• Staff Requests

Mayor Ernesto Gutierrez would like staff to requ est proposals from the Cathedral City High School Band program.

Councilmember Mark Carnevale would like staff to look into a cooling center.

Councilmember Raymond Gregory requested that staff request pr oposals from the arts and sports programs at the Cathedral City High School as well.

It was the consensus of the City Council to appoint Councilmember Raymond Gregory and Councilmember Mark Carnevale to the Public Services Subcommittee to assist staff with reviewing public services proposals received.

This item was for information and direction only. There was no formal action taken by the City Council.

B. Introduction to SiFi Networks License Agreement an Open Source Fiber Optic Development Agreement
Recommendation: An Introduction to the SiFi Networks License Agreement, an Open-Source Fiber Optic Development Agreement, for
Council Review, Discussion and Direction Only.

Michael Kashiwagi, City Consultant, provided and overview of the proposed SiFi Networks FiberCity License Agreement. The following points were presented:

• Background
• Basic Terms of License Agreement
• Potential Risk and Liability
• Benefits to the City
• Next Steps

City Attorney Eric Vail indicated that after reviewing the draft agreement there are areas that warrant review by City Staff and SiFi.

1. There is a confidentiality clause that imposes an obligation upon the City to have a process in place to protect SiFi’s trade secrets information, and if violated the City is potenti ally liable. There is a provision in the agreement that caps SiFi’s liability at 5 million dollars, however, there is no cap for the City and expressly exempts any type of cap for release of trade secret information. This provision also allows SiFi to sue the City for consequential damages. Furthermore, this provision is also not clear that SiFi has to identify when they are proving trade secret information so we can know what to protect. This can create a conflict in relation to the City releasing public r ecords requests and feels this provision needs to be redefined.

2. There is an indemnity provision that has a fairly good standard, however, there is a defense obligation which means the City may be required to hire or pay for attorney fees to defend SiFi in the event of a claim or lawsuit.

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He feels the threshold for this provision is not good for the City and needs to be changed as it exposes the City to significant potential costs.

3. There is a termination clause that allows SiFi the ability to termin ate the agreement at any time, which leaves potentia l for the City to retain costs and not be compensated for if SiFi terminates the agreement.

4. The proposed insurance rates should be increased.

Councilmember Nancy Ross expressed concern with the req uired time and deadlines to process SiFi related wor k and how it could affect services to residents and local businesses. She also questioned how the City intends to keep trade secrets protected relating to the distribution of public records requests.

Assistant City Manager Katherine Fuentes explained the process of SiFi covering the cost for a project manager to dedicate the time to the SiFi related work, which should mitigate that concern. She further explained the process of redacting confidential infor mation on public records requests and asked that Sco tt Bradshaw, President SiFi Networks, provide further details of what has been the case this far with other agencies they have dealt with.

Scott Bradshaw, President SiFi Networks, provided a brief overvi ew of the process with other agencies. He indicated that the City Attorney made some very valid points and they will adjust the draft document accordingly prior to bringing it back to the City Council on May 11, 2022.

Councilmember Raymond Gregory requested clarification on non-inclusive.

Scott Bradshaw, President SiFi Networks, provided clarification.

City Attorney Eric Vail provided his clarification and indicated that the language can be clarified in the agreement.

Councilmember Raymond Gregory expr essed concern with the language that relates to SiFi servicing the primary premises and feels the entire City should be covered as well as future development. He would like to know the cost to cover all of the existing areas.

Scott Bradshaw, President Si Fi Networks, explained that it is SiFi’s intention t o cover 100% of the City and they want to ensure that 95% is covered. They will also be looking at a 20 -year view to see what the City may be developing in the future. They intend to address these concerns on the draft agreement.

This item was for information and direction only, there was no formal action taken by the City Council.

ADJOURN
Mayor Ernesto Gutierrez adjourned the Study Session meeting at 5:27 p.m.

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Mayor, City of Cathedral City City Clerk, City of Cathedral City

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CITY COUNCIL

MINUTES

Regular Meeting
Wednesday, April 27, 2022
5:30 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

This meeting was conducted in person and via Zoom.
• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE
Councilmember Nancy Ross led the Pledge of Allegiance.
• INVOCATION (MOMENT OF REFLECTION)
Mayor Ernesto Gutierrez offered the invocation.
• ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 5:30 PM
Rita Lamb Mayor Pro Tem Present 5:30 PM
Mark Carnevale Councilmember Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM

• AGENDA FINALIZATION

1. PUBLIC COMMENT
Maria Scagliotti expressed her concern with the current cultivation tax.

Dorian Whitney expressed his concern with the lack of public transit in the City.

Chuck Parker expressed his concern with the Salton Sea and urged the City Council to consider a resolution

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Feliz Nunez expressed her concern with the health i ssues caused by the Salton Sea.

Mitchell Velasco, Cathedral City High School Rotary Interact, invited the City Council to their upcoming Cinco de Mayo event.

2. SPECIAL PRESENTATION - Janeshia Adams-Ginyard
The City Council presented Janeshia Adams -Ginyard, Cathedral City Resident, with proclamation recognizing and congratulating her for her many accomplishments as an Emmy-nominated actress and stunt woman.

3. SPECIAL RECOGNITION - Gary Marshall and Antonio Baciu The City Council presented Antonio Baciu an d Gary Marshall with a Certificate of Recognition for their role in bringing Yoga Classes at the Cathedral City Community Amphitheater to residents.

4. SPECIAL RECOGNITION - Terry Applegate and Sue Townsley The City Council presented Sue Townsley and Terry Applegate with a Certificate of Recognition for their extraordinary service to the Cathedral City Community.

5. COUNCIL REPORTS
Councilmember Gregory reported on the Special City Council meeting held on April 20, 2022, where they discussed cannabis regu lations. He reported that he attended the ERICA Board meeting, where the maintenance budget was approved . On April 18, 2022, he attended the Desert Business Association Awards where he was honored to presen t the Heritage Award to Ron Celona from CVREP. He reported that he attended the Riverside County Transportation Commission Budget and Implementation Committee meeting, they have started their budget process. The Coachella Festivals have been taking place, the first two are over and Stagecoach is coming up which he plans to attend. He announced that there will be a Spring Fest at Century Park from 8:30 a.m. to 12:00 p.m., Hall of Flowers will be held on May 4th and 5th, the SCAG Conference will be held on Ma y 5th and 6th. He announced that May 13, 2022, is the grand opening of the Panorama Dog Park at 9:00 a.m. He also announced that the College of the Desert Board of Trustees has decided to keep the Road Runner Motors program at the original location in Cath edral City and thanked all those involved. He reminded everyone that Mother's Day is coming up.

Mayor Pro Tem Rita Lamb recognized Ron Celona. She reported that she attended the 2022 Coachella Valley Business Conference and Economic Forecast, which was wonderful. She wanted to do a special acknowledge of Steve Fraiser for the CV Firebirds. He and Shannon Miller brought a hockey demonstration to the Boys and Girls Club. She reported that she stopped by the Riverside County Office of Social Services on Perez Road. In suite A they provide services for CalFre sh, Calworks, and Medi -Cal. In suite B they provided Women Infants and Children nutrition services (WIC). She thanked Patty Wexler for Yoga and expressed what a wonderful event it was. She reported that Gar y Marshall represented the City on the Trails Subcommittee in her place due to it being a conflict with the City Council Special meeting, she and Mr. Marshall will be meeting with Jim Karpiak, Director of the

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Mountains Conservancy. She announced that she w ill be attending the City on the Palm Springs Unif ied School District 2x2 committee meeting on Monday. She also announced that last week was Mosquito Awareness Week. She had the opportunity to participate in the FIND Food Bank fundraiser telethon event, an d noted that FIND Food Bank Executive Director, De bbie Espinoza, is being recognized for her efforts.

She will be attending the upcoming AMVETS meeting. She announced that the Desert Recreation District and the City will be offering swim lessons this summe r.

She recited a quote, “Live purposely and walk humbly.”

Councilmember Mark Carnevale reported on the last Special City Council meeting , which was very productive. He attended the CVAG Homeless Committee and reported that they secured a 3 -year $300,0 00 grant from the State for homeless services. He pro vided an update on the CV 200 program. He reported that he is working on a cooling center with no luck so far and has reached out the Supervisor Perez for help. He attended a meeting, along with Councilmemb er Ross and Deanna Pressgrove, Environmental Conservation and Public Works Manager, for an update on SB 1383. He also reported that he attended the 2022 Coachella Valley Business Conference and Economic Forecast. He announced that he had two constituent co ncerns which were referred to Police Chief Crum an d City Manager McClendon. He reported that he will be attending the SCAG Conference on May 5th and 6th, along with is fellow Councilmembers. He will also be attending the upcoming Coachella Valley Animal Campus meeting. He announced the upcoming Spring Fest at Century Park from 8:30 a.m.to 12:00 p.m.

Councilmember Nancy Ross reported that she attended the CVAG Energy and Environment Resources Committee meeting, where they received $80,000 from the Coachella Valley Air Quality Enhancement. She also stated that the CVAG Energy and Environment Resources Committee also supports water importation to the Salton Sea. She, along with volunteers, handed out hundreds of flyers in the Ocotillo Park area to inform the public of two upcoming meetings to have discussion s with Desert Recreation District, the Police Department, the Fire Department, Coachella Valley Water District, Director of Engineering, Assistant City Manager and City Manager. She held the first of these two meetings on April 21, 2022. She reported that she met with a constituent about the importance of shade trees. She also reported that she met with the Museum of Ancient Wonders , where they discussed their ideas of a larger museum. She indicated that she met with two gated communities. She reported that she, along with Councilmember Carnevale , are working on SB 1383 guidelines and there will be a lot of education for residents. On April 18, 2022, she reported that she also attended a meeting with SCAG, an d reported that she is assisting with their Annual Elected Officials Corn Hole Tournament scheduled for September 30, 2022. She reported that she also attended the SCAG Housing Forum, met with a former Commissioner, and spoke with some Cannabis Industry Leaders. On April 21, 2022, she attended a meeting w ith a gated community to discuss their relationship with their neighbors, Extended Stay. She reported that she attended the SunLine Transit Agency Board meeting and stated that she is working with the CEO o f SunLine on some upcoming projects. She reported she took a meeting with the Cathedral City Chamber of Commerce and took a tour of a Senior Living Center. She also reported that she attended a meeting regarding the future of hydrogen. On April 26, she met a friend for breakfast, caught up on phone calls , met with City Manager McClendon, met with HR Manager

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Eugenia Torres and Fire Chief Muhr. She thanked Stone James, Economic Development Director, and Terry Applegate for their efforts with the College of th e Desert Road Runner Motors program issue.

Mayor Ernesto Gutierrez hopes everyone is staying healthy. He announced that last week was Greek Easter and hopes everyone had fun. He also announced that the College of the Desert Board of Trustees has decided t o keep the Road Runner Motors program in the origi nal location in Cathedral City and thanked all those involved. He reported that he met with City Manager McClendon and Assistant City Manager Fuentes for his weekly meeting. He reported that he also met wit h a resident from Desert Princess who expressed hi s concerns with the vehicles speeding on Vista Chino and Landau, which he will be working on with Police Chief Crum. He reported that he attended the California Cities Mayors Meeting , where they discussed i mplementation and grants for AB 1383. He also repo rted on the Special City Council meeting held on April 20, 2022. He reported that he attended the CVAG Executive Committee meeting , where they discussed Transportation Uniform Mitigation Fees. He encouraged those who qualify to take advantage of Edison’s discount programs as temperatures rise. He reported that he spoke with a constituent related to code enforcement. He wished everyone a Happy Mother’s Day.

6. CONSENT AGENDA
A motion was made by Councilmembe r Gregory and seconded by Councilmember Carnevale to approve the following Consent Agenda items:

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A. Waive Full Reading of Ordinances on Agenda
M.O. 2022-79
B. Minutes Approval
M.O. 2022-80

1. City Council - Study Session - Apr 13, 2022 3:00 PM

2. City Council - Regular Meeting - Apr 13, 2022 5:30 PM C. Receive and File Payment of Claims and Demands for March 2022 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency and the Cathedral City
Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of $11,342,642
for the month of March, 2022.

M.O. 2022-81

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D. Second Reading of Zone Ordinance Amendment No. 22-001 Recommendation: Provide second reading by title only, and adopt an ordinance amending Section 9.62.070 of the Cathedral City Municipal Code to prohibit new billboards in the City.

Ord 860

7. ITEMS PULLED FROM CONSENT

8. PUBLIC HEARINGS

9. LEGISLATIVE ACTIONS
A. Waiver of Traffic Signal Contribution for College of the Desert Roadrunner Motors
Recommendation: Waive the requirement that College of the Desert Roadrunner Motors participate by paying a share of the cost of a traffic signal at Margot Murphy Way and East Palm
Canyon Drive.

Terry Applegate expressed her concern with the wavier of the Traffic Signal Contribution and feels the City should be cautious.

M.O. 2022-82

A motion was made by Councilmember Carnevale and seconded by Councilmember Gregory to waive the requirement that College of the Desert Roadrunner Motors participate by paying a share of the cost of a traffic signal at Margot Murphy Way and East Palm Canyon Drive.

RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Bringas Bridge Artwork: Public Art Commission Artist Recommendations
Recommendation: Authorize the Public Arts Commission to utilize the Art in Public Places Fund to commission and compensate the
below listed artists in an amount not to exceed $2,000.00 per pilaster for a total project cost not to exceed $57,776.00.

Piper Scott, Public Arts Commissioner, indicated that she would like to see fewer artists selected so the art works well together like an art gallery.

DeeAnn Hopings, Public Arts Commissioner, explained the process to complete the project and expressed her concern with keeping up with too many artists.

Danielle Mead expressed her excitement about this item. She mentioned that photos can be digitalize at local drug stores like CVS. She would also like to see more artists included.

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M.O. 2022-83

A motion was made to authorize the Public Arts Commission to utilize the Art in Public Places Fund to commission and compensate artists in the amount not to exceed $2,000 per pilaster for a total project cost not to exceed $5 7,776; and authorize the Public Arts Commission to select the artists to complete draft artwork for the City Council's consideration and approval.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
C. Contract for Services - SoundSkilz and Fantasy Balloon Flights Recommendation: Approve two-year contract extensions with Fantasy Balloon Flights to produce the 2023 and 2024 Cathedral City Hot Air Balloon Festival and Food Truck Fiesta, with SoundSkilz, Inc., to produce the 2023 and 2024 Taste of Jalisco Festival and Cathedral City LGBT Days.

Danielle Mead expressed her concern with focusing on tourism rather than members of the Community.

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A mot ion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve the following:

A two-year contract extension with Fantasy Balloon Flights to produce the 2023 and 2024 Cathedral City Hot Air Balloon Festival and Food Truck Fiesta

A two -year contract extension with SoundSkilz, Inc., to produce the 2023 and 2024 Taste of Jalisco Festival and Cathedral City LGBT Days at the rate of $75,000.00 per event.

Reduce the 2022 Snow Fest Event budget in the a mount of $20,000.00 and a budget a mendment in the amount of $20,000.00 to cover the $40,000.00 increase for the 2023 Taste of Jalisco Festival and Cathedral City LGBT Days events.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
D. PACT Team Staffing

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Minutes Acceptance: Minutes of Apr 27, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 7 Printed on 5/05/2022
Recommendation: Staff recommends City Council authorize two additional sworn full-time positions for the Police Department using funding allocated through the PACT Team Memorandum of
Understanding (MOU).

M.O. 2022-85

A motion was made by Mayor Pro Tem Lamb and seconded by Councilmember Gregory to authorize two additional sworn full -time positions for the Police Department using funding allocated through the PACT Team Memorandum of Understanding (MOU).

RESULT: APPROVED [UNANIMOUS]
MOVER: Rita Lamb, Mayor Pro Tem
SECONDER: Raymond Gregory, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
E. CALBO Dinner Party
Recommendation: Approve Special Use Permit #22-003 allowing CALBO to utilize the Cathedral City Community Amphitheater for its annual convention dinner party.

M.O. 2022-86

A motion was made by Councilmember Gregory and seconded by Councilmember Ross to approve Special Use Permit #22-003 allowing CALBO to utilize the Cath edral City Community Amphitheater for its annual convention dinner party on May 11, 2022.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
F. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.

Update on Emergency Actions taken by City, County, State of Federal Agencies.

Possible consideration of additional measures to be taken.

Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

City Manager Charles McClendon provided an update on emergency actions related to COVID -19. He stated tha t he continues to monitor the data from the Riverside County Department of Pu blic Health. He indicated that has had one case among the workforce, which is a reminder that we need to remain vigilant and take proper precautions. He will continue to update the City Council.

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Minutes Acceptance: Minutes of Apr 27, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 8 Printed on 5/05/2022

This item was for information and direction only. There was no formal action taken by the City Council.

10. DISCUSSION ON FUTURE AGENDA ITEMS

11. CLOSED SESSION

ADJOURN
Mayor Ernesto Gutierrez adjourned the Regular Meeting at 8:56 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

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Minutes Acceptance: Minutes of Apr 27, 2022 5:30 PM (Minutes Approval)

Cathedral City Page 1 of 1 Printed on 5/12/2022

Staff Report

City Council

Item No. 3.C

Meeting Date: May 11, 2022
From: John Muhr, Fire Chief
Title: Cathedral City Fire Department Strategic Plan Adoption

City Council

RECOMMENDATION:

Approve the amended the 2021-2025 Cathedral City Fire Department Strategic plan.

BACKGROUND:

On February 9th, Chief Muhr provided a comprehensive overview of the proposed Fire Department Strategic Plan to carry the department through 2025. After the presentation, Chief Muhr revised the plan incorporating changes which include more specific fiscal information.

DISCUSSION:

It is the City of Cathedral City’s desire that the fire department maintain an up -to-date strategic plan and to continually look ahead to ensure we are preparing for challenges that are sometimes foreseeable. In this planning process, the fire department developed a strategic plan that was presented to City Council on February 9th. As part of the recommended changes, fiscal impacts were identified and listed by initiative.

Additionally, this vers ion of the Strategic Plan was utilized in the development of the City’s five-year plan as it relates to the Fire Department.

FISCAL IMPACT:

Fiscal impacts are specifically itemized in the plan for each goal. Some impacts are estimated in hours dedicated by staff members, while other impacts are broken down by estimated cost in dollars.

ATTACHMENTS:

Revised CCFD 2021-2025 strategic plan

ATTACHMENTS:

Strategic Plan 2021-2025 FINAL

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Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) I am pleased to present the Cathedral City Fire Department’s 20 21 - 2025 Strategic Plan. The Cathedral City Fire Department (CCFD) provides emergency medical services, ﬁ re suppression, hazardou s materials mitigation, community risk reduction, community emerg ency response preparedness, and public education to the residents, w orkers and visitors within the department’s jurisdiction of the Coachella Valley.

CCFD consistently works towards achieving a higher level of professionalism and transparency with our external and internal customers. CCFD has embarked on the journey with the Center for Public Safety Excellence (CPSE) to facilitate a method to document the department’s path into the future.

The CPSE utilizes a community-driven process to go beyond the d evelopment of annual documents.

It challenges departmental members to critically examine paradi gms, values, philosophies, beliefs and desires. Furthermore, it provides an opportunity to participate in the development of long term vision and goals.

The community-driven process establishes a comprehensive vision and mission statement that provides the department with a clear path forward. Also, the pr ocess identiﬁ es core values that embody how members, both individually and collectively, will carry out the department’s mission.

My personal commitment to Cathedral City is to ensure that our department’s goals, objectives and culture are consistent with our mission and is welcoming to all future members. We know that a diverse department equals a productive department. We also kno w that an environment that embraces the team concept creates environments that people want to be an integral part of. I invite all members of the community to join us in supporting this vision for the future.

Fire Chief
Forward
Fire Chief
John Muhr
Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) Table of Contents
Organizational Background ...................................................................................................................4 Organizational Structure ........................................................................................................................5 Community Driven Strategic Planning ...................................................................................................6 Mission Statement .................................................................................................................................7 Programs and Services .........................................................................................................................8 SWOT Analysis ......................................................................................................................................9 Strategic Initiative ...................................................................................................................................9 Goals and Objectives ...........................................................................................................................10 Critical Issues and Service Gaps .........................................................................................................10 Strategic Initiatives Expanded .............................................................................................................. 11 Vision ...................................................................................................................................................29 Performance Measurement .................................................................................................................30 The Success of the Strategic Plan .......................................................................................................31 Glossary of Terms, Acronyms ..............................................................................................................32 Works Cited .........................................................................................................................................34 Appendix One ......................................................................................................................................35 Strengths .......................................................................................................................................35 Weaknesses ..................................................................................................................................36 Opportunities .................................................................................................................................37 Threats ..........................................................................................................................................38 Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) Organizational Background
The Cathedral City Fire Department (CCFD) was dedicated and beg an service on January 1, 1988 with twenty full-time ﬁ re personnel operating from two stations. Administration, which was housed at station 412, consisted of the Fire Chief, Administrative Cap tain, and a part-time Secretary.

Reserve ﬁ reﬁ ghters, for the ﬁ rst year, provided on-call staﬃ ng for a third ﬁ re engine.

Currently, the ﬁ re department’s two ﬁ re engines and one ﬁ re truck are staﬀ ed each with three personnel: a Captain, an Engineer, and a Fireﬁ ghter or Fireﬁ ghter/Paramedic. CCFD also staﬀ s two Advanced Life Support (ALS) ambulances with two Fireﬁ ghter /Paramedics. Cathedral City Council direction has identiﬁ ed the need and to place a third ambulance in service at station 412 by December, 2021. This change will include implementation of a new Ambulance Operator (AO) Program.

The engine and truck companies provide both ﬁ reﬁ ghting and emergency medical services. The ALS ambulances provide for emergency medical evaluation, treatment, and transport to nearby hospitals.

Our minimum deployment conﬁ guration is three (3) personnel on each ﬁ re engine and truck, with two (2) personnel and/or AO’s on each ambulance, respectively. In addition, there is a Battalion Chief on duty 24/7.

The ﬁ re department can assemble an initial response force of 16 personnel on ﬁ re scenes, provided our ﬁ re department ambulances are available for response. Increased staﬃ ng accounts for council’s direction and an additional ambulance will be necessary to main tain adequate staﬃ ng and transport capabilities.

The Cathedral City Fire Department is managed by the Fire Chief , under the direction of the City Manager and the City Council. The Fire Chief and staﬀ collaboratively manage the department in cooperation with IAFF Local 3654 and AFSCME Local 3961.

The Cathedral City Fire Department is licensed by the Californi a Emergency Medical Services Authority and the Riverside Emergency Medical Services Agency to provide pre-hospital emergency medical services using state licensed emergency medical technic ians and paramedics. This is possible through a Non-Exclusive Operating Area Agreement with REMSA. We are authorized to operate 911 ambulance services in the City of Cathedral City.

Emergency Medical Services and resident assistance account for approximately 75% of all of the department’s emergency response activity. This trend should increase as density intensiﬁ es. 4 Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) Organizational Structure
5 Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) Community Driven Strtegic Planning
For many successful departments, the voice (priorities and conc erns) of the community drives their operations and deﬁ nes their path for the future. A community-d riven emergency service department is one that gathers and utilizes the needs and expectations of the community in the development, as well as the improvement of the programs and services provide d. To instill the community as the focal point of the department’s direction, a community-driven s trategic planning process is used to develop a dynamic strategic plan.

Community Driven Strategic Planning Process Outline
Deﬁ ne programs and services provided to the community.

Establish the community’s priorities and expectations of the department within the guidelines and goals set by City Council and the City Manager.

Identify any concerns the community may have regarding the department, along with any aspects of the department the community views as positive.

Revisit the mission statement, giving attention to the services and programs currently provided, and those that can be provided in the future.

Revisit the values of the department’s members.

Identify internal strengths and weaknesses of the department.

Identify areas of opportunity or potential threat to the department.

Identify any critical issues or service gaps.

Determine strategic initiatives for departmental improvement.

Establish realistic goals and objectives for each initiative.

Identify implementation tasks for the accomplishment of each objective.

Determine the vision of the future, looking beyond the current strategic plan.

Develop departmental and community commitments to plan accomplishment. 6 Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) Mission Statement
The consensus of the Cathedral City Fire Department’s internal stakeholders adopted and reconﬁ rmed the mission statement above for this planning period. The purpose of the mission statement is to answer :

Mission Statement Questions of the Cathedral City Fire Department Who are we? Why do we exist? What do we do?
Why do we do it? For whom do we do it?
“If you don’t know where you
are going, you might wind up
someplace else.”
- Yogi Berra
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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) Programs and Services
In order to determine where attention is placed when assessing critical issues within the department, there must be a separation between core programs and supporting services. Core programs are those core service aspects provided by the department. Supporting services include all of the internal and external programs and services that assist the department in meeting its core program needs.

The department’s internal stakeholders identiﬁ ed the following core programs provided to the community, as well as many of the services that enable the department to deliver those programs:

Core Programs of the Cathedral City Fire Department
Emergency Medical Services Fire Suppression Hazardous Material Mitigation
Community Risk Reduction Public Education Community Emergency Re- sponse
Supporting Services of the Cathedral City Fire Department Training IAFF, Local 3654 Law Enforcement
Public works Human Resources Dept. Finance Dept.

American Medical Response Desert Regional Hospital Eisenhower Med ical Center Information Services Facilities Dept. Dispatch
Planning Dept. Building Dept. Code Compliance
Fleet Maintenance AFSCME, Local 3961
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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) SWOT Analysis
Through a SWOT analysis (Strengths, Weaknesses, Opportunities, and Threats), a department candidly identiﬁ es its positive and negative attributes. The SWOT analysis also provides an opportunity for the department to evaluate its operating environment to ide ntify areas that can be maximized, as well as those that pose a threat.

Appendix One consists of the SWOT data and analysis collected. “Someone’s sitting in the
shade today because
someone planted a tree a
long time ago.”
- Warren Buﬀ et
StrategicInitiatives
Strategic Initiatives of the Cathedral City Fire Department Emergency Management Emergency Medical Services Administrative Em ergency Services
Diversify Recruitment Internal Health and Training Radio Communic ation External communication CPSE Accreditation
Based upon all previously captured information and the review o f critical issues and service gaps, the following strategic initiatives were identiﬁ ed as the foundation for the development of goals and objectives.
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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) Goals and Objectives
To continuously achieve the mission of the Cathedral City Fire Department, realistic goals and objectives, with timelines for completion, must be established to enhance strengths, address any identiﬁ ed weaknesses, provide a clear direction, and address the concerns of the community. These should become a focus of the department’s eﬀ orts, as they will direct the department to its desired future while reducing the obstacles and distractions along the way. Leadership-established workgroups should meet and manage progress towards accomplishing these goals and objectives, adjusting timelines and priorities as needed. Regular reports of progress and chang es should be shared with all internal stakeholders.

Critical Issues and Service Gaps
As part of the CPSE accreditation process, the department will review the ﬁ ndings of the SWOT analysis with department stakeholders to identify primary critical issues and service gaps. The critical issues and service gaps identiﬁ ed by stakeholders provide further guidance toward the identiﬁ cation of strategic initiatives, improvement of current initiatives, and guide direction for the development of goals, objectives, critical tasks and timelines.
“Eﬀ ort and courage are not
enough without purpose and
direction.”
- John F. Kennedy
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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) STRATEGIC INITIATIVE: EMERGENCY MANAGEMENT
OBJECTIVE 1 EOC READINESS
GOAL 1 Identify Materials and/or Equipment Needed in the EOC Timeframe 12 Months Assigned to: EOC Battalion Chief Critical Tasks
• Evaluate current materials/equipment lists.
• Remain up-to-date on Federal and State requirements.
• Research of other agencies best practices.
• Develop list of recommended improvements.
• Conduct cost analysis.
• Research and/or obtain funding mechanisms, as needed. • Provide information/training of revisions to department membe rs. • Implement revisions to EOC materials and equipment.
• Review annually for intent/actual result.

Fiscal Impact Personnel Costs: Estimated 24 hours of staﬀ time.

GOAL 2 Evaluate current EOC deployment and activation practices Timeframe 12 Months Assigned to: EOC Battalion Chief Critical Tasks
• Evaluate current deployment and activation procedures. • Remain up-to-date on Federal and State requirements.
• Research of other agencies best practices.
• Develop list of recommended improvements.
• Conduct cost analysis.
• Research and/or obtain funding mechanisms, as needed. • Provide information/training of revisions to department membe rs. • Implement revisions to EOC materials and equipment.
• Review annually for intent/actual result.

Fiscal Impact Personnel Costs: Estimated 24 hours of staﬀ time. 11 Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) GOAL 3 Evaluate training to improve service delivery during EOC activation Timeframe 12 Months Assigned to: EOC Battalion Chief Critical Tasks
• Evaluate current EOC activation training.
• Remain up-to-date on Federal and State requirements.
• Research of other agencies best practices.
• Develop list of recommended improvements.
• Provide information/training of revisions to department membe rs. • Review annually for intent/actual result.

Fiscal Impact Personnel Costs: Estimated 24 hours of staﬀ time. 12 Strategic Plan
STRATEGIC INITIATIVE: EMERGENCY MANAGEMENT (CONT’D)

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) STRATEGIC INITIATIVE: EMERGENCY MEDICAL SERVICES
OBJECTIVE 1 REDUCE SERVICE DELIVERY TIMES REGARDING EMERGENCY

RESPONSE
GOAL 1 Identify terminology deﬁ nitions regarding time intervals of response Timeframe 4 Months Assigned to: Accreditation Manager Critical Tasks
• Identify common deﬁ nitions regarding time interval tracking. • Establish tracking mechanism of time intervals.
• Research of other agencies best practices.
• Develop a reporting tool of established time intervals. • Review annually for intent/actual result.

Fiscal Impact Personnel Costs: Estimated 12 hours of staﬀ time.

Strategic Plan
GOAL 2 Analyze current service delivery times with each geographical planning zone
Timeframe 4 Months Assigned to: Accreditation Manager Critical Tasks
• Analyze established time interval reporting data.
• Evaluate date against industry standards and/or recommendatio ns. • Research other agencies best practices.
• Identify improvements using the risk assessment document. • Review monthly for intent/actual result.

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) GOAL 3 Assess current service delivery times with CPSE risk assessment docu- ment
Timeframe 12 Months Assigned to: Accreditation Manager Critical Tasks
• Identify recommended improvements.
• Provide information/training to departmental members. • Implement recommended improvements, following administration approval.
• Review monthly for intent/actual result.

Fiscal Impact Personnel Costs: Estimated 40 hours of battalion chief time. 14 Strategic Plan
STRATEGIC INITIATIVE: EMERGENCY MEDICAL SERVICES (CONT’D)

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) STRATEGIC INITIATIVE: EMERGENCY MEDICAL SERVICES (CONT’D) OBJECTIVE 2 IMPROVE OUT-OF-HOSPITAL CARDIAC ARREST OUTCOMES GOAL 1 Review and analyze the implementation of High Performance CPR (HP- CPR) and out-of-hospital cardiac arrest outcomes.

Timeframe 4 Months Assigned to: EMS Division Critical Tasks
• Evaluate prehospital return of spontaneous circulation (ROSC) attainments.
• Evaluate survival-to-discharge outcomes.
• Evaluate neurological and functional recovery outcomes. • Assess HP-CPR team composition and roles.
• Review HP-CPR team composition and outcomes over program history.
• Remain up-to-date on State and Local (LEMSA) guidelines. • Research other agencies best practices and team composition. • Comparative analysis of other agencies team composition and outcomes.
• Develop list of recommended improvements.
• Provide analysis results to administration with recommended improvements.
• Provide information to department members on analysis results . • Review annually for intent/actual result.

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 16 OBJECTIVE 3 IMPROVE THE QUALITY OF EMERGENCY SERVICES DELIVERY GOAL 1
Implement AO (Ambulance Operator) Program:

Phase One: Emergency Medical Technician - Paramedic
Phase Two: Emergency Medic Technician - 1A
Timeframe 6-12 Months Assigned to: Fire Chief Critical Tasks
• Implement AO Program
• Recruit and hire qualiﬁ ed personnel.
• Purchase required personal protective equipment.
• Provide orientation and training.
• Review and update sworn/non-sworn unit assignments.
• Review and update dispatch procedures.
• Evaluate intent
- to provide an increase of ﬁ eld medical resources.
- to provide an increase of personnel responding to ﬁ re related incidents
- to provide a pathway for young community members to pursue a career in the ﬁ re service by obtaining required credentials incrementally.
- to develop opportunities in obtaining credentials while employed in the occupation of pursuit.
- to provide mentorship, assess departmental long-term suitability, and pathway as an eﬀ ective hiring and retention tool.
• Research other agencies best practices.
• Review annually for intent/actual result.

Fiscal Impact Personnel Costs: Approximately $1,125,000.00 • PHASE ONE
9 AO Paramedics (minus three ﬁ reﬁ ghter positions) = $343,178 annually
• PHASE TWO
9 AO EMTs (after build-out) = $781,000 annually
STRATEGIC INITIATIVE: EMERGENCY MEDICAL SERVICES (CONT’D) Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) STRATEGIC INITIATIVE: ADMINISTRATIVE EMERGENCY SERVICES OBJECTIVE 1 ANALYZE CURRENT AND FUTURE ADMINISTRATIVE FIRE

PERSONNEL POSITIONS TO ENSURE HIGH QUALITY SERVICE TO

OUR COMMUNITY
GOAL 1 Evaluate the feasibility and impact of maintaining a Fire Inspector vacancy while ﬁ lling a dedicated Fire Marshal position within the department.

Timeframe 6 Months Assigned to: Fire Chief Critical Tasks
• Evaluate industry standards of qualiﬁ cations for ﬁ re department positions.
• Identify qualiﬁ cations for prospective personnel based on industry standards.
• Collaborate with human resources to identify qualiﬁ cations required. • Evaluate ﬁ nancial impact of out-sourcing Fire Marshal duties. • Evaluate ﬁ nancial impact against savings oﬀ set to maintain Inspector vacancy.
• Collaborate with Finance department to evaluate Contract Serv ices cost.
• Develop recommendations related to Fire Marshal position and enhanced community involvement.
• Provide report and make recommendations on evaluation ﬁ ndings.

Fiscal Impact Personnel Costs: Estimated between $125,000 and $150,000. 17 Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 18 OBJECTIVE 1 ENCHANCE EXTERNAL COMMUNICATION BETWEEN THE

DEPARTMENT AND POTENTIAL APPLICANTS
GOAL 1 Analyze current communication platforms for best practices and improvement
Timeframe 12 Months Assigned to: Battalion Chief, Training Critical Tasks
• Analyze current communication platforms for external customer s. • Research other agencies best practices.
• Develop list of recommended improvements.
• Conduct cost analysis.
• Research/obtain funding mechanisms as needed.
• Implement revised external communication guidance.
• Review annually for intent/actual result.
• Evaluate public perception of the department’s image as it re lates to diversity and inclusion.

Fiscal Impact Personnel Costs: Estimated internal 12 hours of staﬀ time.

STRATEGIC INITIATIVE: DIVERSIFY OUR RECRUITMENT PROCESS GOAL 2 Analyze communication platforms with outside agencies and recommended
improvements
Timeframe 12 Months Assigned to: Battalion Chief, Training Critical Tasks
• Analyze current platforms.
• Develop list of recommended improvements.
• Implement revised communication platform.
• Review annually for intent/actual result.

Fiscal Impact Personnel Costs: Estimated internal cost of 12 hours of staﬀ time.

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) GOAL 3 Develop and implement a marketing strategy to inform potential applicants of opportunities within the department
Timeframe 12 Months Assigned to: Battalion Chief, Training Critical Tasks
• Analyze current platforms.
• Research other agencies marketing strategies.
• Develop a marketing strategy, attracting a diversiﬁ ed workforce. • Conduct cost analysis.
• Research/obtain funding mechanisms as needed.
• Implement revised marketing strategy.
• Review annually for intent/actual result.

Fiscal Impact Personnel Costs: Estimated $20,000 budgeted, which includes advertise- ment, printing, and consultant.
19 Strategic Plan
STRATEGIC INITIATIVE: DIVERSIFY OUR RECRUITMENT PROCESS (CONT’D)

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) GOAL 4 Study the incorporation of equitable, gender neutral personal space in the ﬁ re station while using a safety and health management process to limit the occupational exposure to health hazards.

Timeframe 12 Months Assigned to: Fire Chief Critical Tasks
• Analyze current accommodations for future growth and diversit y needs.
• Evaluate conﬁ guration alternatives to dormatory and personal facility areas.
• Evaluate the impact on living space ﬂ exibility and equitable privacy in current public and private spaces.
• Evaluate employee recovery time using private, climate-contro lled sleeping areas.
• Research the impact of occupational infectious agents and exp osure in individual sleeping areas.
• Research current guidance on environmental infection control measures.
• Develop list of recommended improvements.
• Submit ﬁ nal draft to the Fire Chief for administrative review.

Fiscal Impact $4,050,000 *
$50,000 added to add a ﬁ re protection system at Station 412. *This initiative has an estimated ﬁ scal impact of $4,000,000 for both stations. The intent of the ini- tiative is to have plans set aside for use when funding opportunities occur. Lakeside Fire Protection District in Eastern San Diego County recently renovated a similarly sized ﬁ re station with the intent of making more living quarters and addressing multiple maintenance needs at the same time. The associated costs for this renovation was $330 per square foot. Similarly, the City of Davis hired an architect to design plans to renovate their stations 31 and 32 at a cost of $95,000 for both stations.

Strategic Plan
STRATEGIC INITIATIVE: DIVERSIFY OUR RECRUITMENT PROCESS (CONT’D) 20 3.C.a
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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 21 GOAL 2 Evaluate current policies for best practices and recommended improvements
Timeframe 12 -24 Months Assigned to: Policy Committee Critical Tasks
• Review departmental administrative and operational policies. • Research other agencies best practices.
• Develop list of recommended improvements.
• Submit ﬁ nal draft policies to Fire Chief for review. • Provide information to department members of revisions. • Review annually for intent/actual result.

Fiscal Impact Personnel Costs: Estimated internal costs of 90 hours of staﬀ time.

Strategic Plan
STRATEGIC INITIATIVE: INTERNAL STAKEHOLDER HEALTH AND TRAINING OBJECTIVE 1 ENHANCE POLICIES AND PROCEDURES TO MAXIMIZE HEALTH

AND PREVENT INJURY
GOAL 1 Implement policy review committee to evaluate current policies and health concerns
Timeframe 12 - 24 Months Assigned to: Policy Committee Critical Tasks
• Review policies and procedures for Federal and State complian ce. • Develop list of recommended improvements.
• Submit ﬁ nal draft policies to Fire Chief for review. • Provide information to department members of revisions. • Review annually for intent/actual result.

Fiscal Impact
Personnel Costs: Estimated internal 12 hours of staﬀ time, in addition to that of other departments.

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) Strategic Plan
GOAL 2 Identify external opportunities for training focused on core program skills Timeframe 12 Months Assigned to: Battalion Chief, Training Critical Tasks
• Review current training program practices.
• Remain up-to-date on required training.
• Centralize training materials and information.
• Conduct cost analysis.
• Research/obtain funding mechanisms as needed.
• Review annually for intent/actual result.
• Provide budgetary suggestions for future training.

Fiscal Impact Personnel Costs: 25% of one battalion chief (training chief) is currently allocated to this program.

OBJECTIVE 2

ENHANCE TRAINING OPPORTUNITIES TO ENSURE AN

OUTSTANDING LEVEL OF SERVICE TO THE COMMUNITY AND

MAINTAIN A SKILLED WORKFORCE
GOAL 1 Improve in-service training opportunities focused on core programs Timeframe 12 Months Assigned to: Battalion Chief, Training Critical Tasks
• Review current training program practices.
• Remain up-to-date on required training.
• Centralize training materials and information.
• Review annually for intent/actual result.

Fiscal Impact Personnel Costs: 25% of one battalion chief (training chief) is currently allocated to this program.

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GOAL 3 Develop a program for departmental members seeking promotional opportunities
Timeframe 24 Months Assigned to: Battalion Chief, Training Critical Tasks
• Review current training program practices focused on promotio nal processes.
• Remain up-to-date on required training.
• Centralize training materials and information.
• Conduct cost analysis.
• Research/obtain funding mechanisms as needed.
• Review annually for intent/actual result.

Fiscal Impact Personnel Costs: 25% of one battalion chief (training chief) is currently allocated to this program.

STRATEGIC INITIATIVE: INTERNAL STAKEHOLDER HEALTH AND TRAINING (CONT’D)

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STRATEGIC INITIATIVE: RADIO COMMUNICATION
OBJECITVE 1 NCREASE RADIO SYSTEM RELIABILITY, COVERAGE, AND

INTEROPERABILITY
GOAL 1 Evaluate PSEC (Public Safety Enterprise Communication) system expansion, system capabilities and its associated infrastructure.

Timeframe 6 - 12 Months Assigned to: Senior Staﬀ Critical Tasks
• Analyze current network’s coverage, functionality and interop erability. • Evaluate potential impacts on current coverage: building, pop ulation growth.
• Evaluate current radio system’s security during large scale d isasters. • Evaluate simulcasted radio transmission platforms, PSEC. • Study the feasibility of the PSEC system and conversion. • Research other PSEC agencies radio systems, coverage, and reliability.
• Develop a list of recommended improvements.
• Conduct cost analysis.

Fiscal Impact Reallocate the cost of a repeater replacement that was budged at $260,000 for 2022/2023, and spend $380,000 toward portables and mobile radio funds for 30 model APX9000 radios ($120,000 one time expenditure).

Additionally, $100,000 annually to be budgeted for service fees.

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 25 Strategic Plan
STRATEGIC INITIATIVE: EXTERNAL COMMUNICATION
OBJECTIVE 1 ANALYZE CURRENT PUBLIC INFORMATION PLATFORMS FOR

BEST PRACTICES
GOAL 1 Enhance technology to improve customer service
Timeframe 12 Months Assigned to: Social Media Workgroup Critical Tasks
• Analyze current platforms.
• Research other agencies public information strategies. • Develop a list of recommended improvements.
• Conduct cost analysis.
• Research/obtain funding mechanisms as needed.
• Create standardized procedures/directive for public communica tion. • Provide information/training to departmental members of revis ions. • Implement revised external communication guidance.
• Review annually for intent/actual result.

Fiscal Impact Personnel Costs: Estimated internal 20 hours of staﬀ time.

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 26 Strategic Plan
GOAL 2 Conduct a community hazard and risk assessment
Publish a ‘Community Risk Assessment - ‘Standards of Cover’ document Timeframe 12 - 18 Months Assigned to: Fire Chief Critical Tasks
• Perform community hazard and risk assessment.
• Evaluate historical community response data.
• Establish benchmark and baseline performance objectives. • Publish community hazard and risk assessment.
• Maintain and annually review ‘Standards of Cover’ document fo r revisions.

Fiscal Impact Personnel Costs: Estimated internal 40 hours of staﬀ time.

OBJECTIVE 1 PREPARE AND PURSUE INTERNATIONAL ACCREDITATION TO

BETTER SERVE EXTERNAL AND INTERNAL STAKEHOLDERS
GOAL 1 Identify team members needed to complete accreditation process Timeframe 6 Months Assigned to: Fire Chief Critical Tasks
• Identify members needed for accreditation process.
• Establish responsibilities and criteria for team members. • Encourage participation in the accreditation process. • Complete member selection.
• Provide information and training on accreditation process.

Fiscal Impact Personnel Costs: Estimated internal 40 hours of staﬀ time.

STRATEGIC INITIATIVE: CPSE ACCREDITATION

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GOAL 4 Implement the developed Community Driven Strategic Plan Timeframe 24 Months Assigned to: Fire Chief Critical Tasks
• Identify members to review developed strategic plan.
• Provide internal stakeholders the opportunity to evaluate pla n. • Provide internal stakeholders the opportunity to clarify goal s/intent. • Determine workplan to accomplish each identiﬁ ed goal. • Annually evaluate objectives focusing towards goal completion . • Report annual plan progress to external and internal stakehol ders.

Fiscal Impact Personnel Costs: Estimated internal 80 hours of staﬀ time.

GOAL 3 Develop a Community Driven Strategic Plan
Timeframe 18 - 24 Months Assigned to: Fire Chief Critical Tasks
• Reconvene an external stakeholder meeting group.
• Identify expectations, priorities, strengths, weaknesses, con cerns and feedback.
• Conduct an internal stakeholder meeting.
• Evaluate mission, vision, values, strengths and weaknesses, opportunities.
• Identify critical issues and service gaps.
• Determine strategic initiatives.
• Develop goals and objectives, critical tasks and appropriate timelines. • Identify levels of measurability.
• Create a vision for the developed plan’s success.
• Publish Community Driven Strategic Plan for external and inte rnal stakeholders.

Fiscal Impact Personnel Costs: Estimated internal 150 hours of staﬀ hours.

STRATEGIC INITIATIVE: CPSE ACCREDITATION (CONT’D)

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GOAL 5 Identify CPSE Self Assessment criteria towards accreditation Timeframe 24 - 36 Months Assigned to: Fire Chief Critical Tasks
• Obtain instruction on developing the CPSE self assessment document.
• Identify additional steps towards CPSE accreditation.

Fiscal Impact Personnel Costs: Estimated internal 80 hours of staﬀ time.

STRATEGIC INITIATIVE: CPSE ACCREDITATION (CONT’D)

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 29 Vision
The following is our strategic vision for the future, based on this comprehensive plan.

By embarking on the journey toward accreditation, the department’s goals and objectives will be focued on the priorities of the community and city leadership. This v ision provides a target of excellence to strive toward.

The Cathedral City Fire Department envisions moving towards international accreditation, reﬂ ecting the best industry work practices in the delivery of core and su pport programs and services to our community. Pursuing identiﬁ ed goals, we wi ll continually demonstrate improvement, guided by our core values: Compassion, Honesty, Integrity, and Professionalism (CHIP).

Through workforce development and training, the department will invest in its greatest departmental asset - its members. Enhancing policies and procedures to maximize the health and prevention of injury will strengthen Company integrity.

Our focus on the community by improving public information syst ems and implementing a marketing strategy informing of opportunities, will further prove our support for those we serve.

We will realize individual and departmental excellence as we hold each other accountable for fulﬁ lling our mission, living our values, obtaining our goals, and encouraging each other to make the vision a reality.

Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 30 Performance Measurement
To assess and ensure that the department is delivering on the p romises made in its strategic plan, the leadership of the department must deﬁ ne performance measures t hat are fully accountable. Output measurements can be challenging, butthe department must focus on the assessment of progress toward achieving improved output. Jim Collins states:
“What matters is not ﬁ nding the perfect indicator, but settling upon a consistent and intelligent method of assessing your output results, and then tracking your trajectory with rigor.”(1) Departments must further be prepared to revisit and revise thei r goals, objectives, and performance measures to maintain pace with accomplishments and environmental changes.

To establish that the department’s strategic plan is achieving results, performance measurement data will be implemented and integrated as part of the plan. An integrated process known as “Managing for Results” will be utilized, and is based upon:

Managing for Results
Identify Strategic Goals Identify Strategic Objectives Resource D etermination Analyze Performance Data Evaluate Performance Data Use Data for I mprovement A ‘Family of Measures’ frequently used to indicate and measure performance include:

Family of Measures
Input: Value of resource used to produce an output.

Output: Quantiﬁ able units produced which are activity-oriented and measurable.

Eﬃ ciency: Input(s) used as Output(s)
Service Quality: The degree to which customers are satisﬁ ed with a program or service.

Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 31 The Success of the Strategic Plan
The Cathedral City Fire Department has approached the developme nt of the preceding strategic plan by requesting and receiving input during the ongoing developmen t stage of the planning process.

The department acknowledges the importance of a Community Drive n Strategic Planning process, guided by professional standards, utilizing input from the comm unity and members of the department - external and internal stakeholders.

The success of this, and subsequent, strategic plan(s) will not only depend on the dynamic implementation of the strategic initiatives, their associated goals and related objectives, but also on the support received from the City of Cathedral City leadership, th e members of the department, and the community-at-large.

Provided the Community Driven Strategic Planning process is kept dynamic and supported by leadership and active participation continues, it will be a signiﬁ cant opportunity to unify departmental and community stakeholders - our customers. This can be accomplished through a developed understanding of the department’s direction, focusing on all parties, working to achieve the mission, goals and objectives, and fulﬁ lling its vision. Further opportunities must be explored on how the department will measure and be accountable for its progress and success.
“You must expect great
things of yourself before yo
can do them.”
- Michael Jordan
Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 32 Glossary of Terms
Accreditation A process by which an association, organization, o r department evaluates and recognizes a program of study or an institution as meeting certain predetermined standards or qualiﬁ cations. It applies only to departments and their programs of study or their services. Accreditation ensures a basic level of quality in the services received from an department.

AFSCME American Federation of State, County and Municipal Employ ees CPSE Center for Public Safety Excellence
Customer(s) The person or group who establishes the requirement of a process and receives or uses the outputs of that process; or the person or entity directly served by the department.

Eﬃ ciency A performance indication where inputs are measured per unit of output (or vice versa).

Environment Circumstances and conditions that interact with and aﬀ ect a department. These can include economic, political, cultural, and physical conditions inside and outside the boundaries of the department.

HP-CPR High Performance Cardio Pulmonary Resuscitation. High Performance Cardio Pulmonary Resuscitation.

IAFF International Association of Fireﬁ ghters
Input A performance indication where the value of resources are used to produce an output.

LEMSA Local Emergency Medical Services Agency.

Mission An enduring statement of purpose; the department’s reaso n for existence. Describes what the department does, for whom it does it, and how it does it.

Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 33 Glossary of Terms
Outcome A performance indication where qualitative consequences are associated with a program or service.

Output A performance indication where a quality or number of uni ts produced is identiﬁ ed.

Performance Measure A speciﬁ c measurable result for each goal a nd/or program that indicates achievement.

ROSC Return Of Spontaneous Circulation.

Stakeholder Any person, group, or organization that can place a claim on, or inﬂ uence the department’s resources or outputs, is aﬀ ected by those outputs, or has an interest in/or expectation of the
department. Any person, group, or organization that can place a claim on, or inﬂ uence the department’s resources or outputs, is aﬀ ected by those outputs, or has an interest in/or expectation of the department.

Strategic Plan A long-range planning document that deﬁ nes the m ission of the department and broadly identiﬁ es how it will be accomplished, and that provides the framework for more detailed annual and
operational plans.

Strategic Planning The continuous and systematic process whereby guiding members of a department to make decisions about its future, develop the necessary procedures and operations to achieve that future, and determine how success is to be measured.

Vision An idealized view of a desirable and potentially achievab le future state (where or what a department would like in the future).

Strategic Plan

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1 Collins, J. (2009). Good to Great and the Social Sectors. Boulder: Jim Collins Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 35 STRENGTHS OF THE CATHEDRAL CITY FIRE DEPARTMENT (CCFD) CCFD members are accustomed to ‘doing more with less’, being a smaller sized department.

Members strive to produce a better result, product, or outcome than a larger sized department that may have more personnel assigned to a project. The tenure of personnel provides a wealth of knowledge and helps the department run smoothly amid increased workloads.

CCFD’s paramedic program, being able to transport patients, res ults in the department’s paramedics being some of the best in the Coachella Valley. Cont inued relationship building with hospital staﬀ , nurses and physicians, allows for seamless patient care.

CCFD members are supportive and available to assist each other through strong communication channels. Being a smaller department, members are allowed to be an active participant.

The department’s equipment and vehicle resources are among the best in the Coachella Valley and state. Departmental members routinely show pride in its maintenance and upkeep.

Strengths
Strategic Plan
Appendix One

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 36 WEAKNESSES OF THE CATHEDRAL CITY FIRE DEPARTMENT (CCFD) As a result of injuries, retirements and newly implemented prog rams, the department is experiencing a tremendous growth phase; many promoted members have a limited time in rank. As promotional vacancies have occurred at an accelerated rate, newly promoted members may not have had extensive experience in their previous positio n, resulting in the potential for inconsistencies among crews.

The department routinely experiences an increased workload, due to multiple incidents at the same time, assigned projects and individual program management. Company Oﬃ cers and their crew, manage multiple responsibilities, when compared to other departments that may have additional personnel to balance the workload.

Many senior personnel have retired in recent years, as a result , the inherent historical knowledge and experience of tenured employees has retired with them as we ll. Currently, many members of the department are highly motivated and are empowered to dev elop new skill sets; however, the basic succession training program of the department, poten tially presents a weakness, if the preceding is not addressed and incorporated into future training.

As personnel have promoted within the department, ﬁ lling vacancies at multiple ranks, challenges have been seen in the training program’s format and curriculum. Training topics, drills and assignments are required to encompass a large subject matter, r esulting in specialized training being limited for a particular position. When newly promoted personnel have limited time in rank, the challenge to the department’s training program will be to meet the need on an individual basis.

The department’s Fire Prevention division would beneﬁ t from im provement. Based on continual growth in the City and the development of specialized businesse s, the department would beneﬁ t from an internal Fire Marshal position.

Weaknesses
To continue moving forward, a department must be able to identify strengths as well as areas that need improvement. These are not necessarily considered threats, but rather day-to-day concerns that may inhibit progress.

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 37 Opportunities
The opportunities for a department depend on the identiﬁ cation of strengths and weaknesses, and how they can be enhanced. The focus on identiﬁ ed opportunities is not only on existing service, but on expanding and developing new possibilities both inside and outside traditional areas.

OPPORTUNITIES OF THE CATHEDRAL CITY FIRE DEPARTMENT (CCFD) To increase community involvement, opportunities should be soug ht throughout the year, to put a ‘name to the face’, during ﬁ re department participation at events. Opportunities, aside from solely ﬁ re prevention activities, should be pursued, such as: reaching out to schools and community groups.

Activities that enhance community relationships should be identiﬁ ed and acted upon.

Opportunities to create and engage department personnel with ot her City department personnel would be beneﬁ cial. It is much easier to work as a team when the team members know each other.

The beneﬁ ts of networking with other City department personnel, would enhance all department’s ability to reach their goals and objectives.

With the rising costs associated with injuries and the health a nd safety of personnel; instituting a Safety Committee to review Workman Compensation documentation ( Green/Purple folders) and injury origin may be a beneﬁ t. Alternatives could be explored once identiﬁ cation of activities that may cause injury are identiﬁ ed. As an example, relocation of the wildland drill site to an area that provided the necessary training but limited injury exposure beneﬁ ted all members.

To increase a diverse workforce, the department (in participati on of Human Resources and City leadership) should seek avenues to notify potential members of department opportunities. The Coachella Valley and its desert communities are visited by many people from outside the area.

Billboards and advertising would be a potential opportunity to reach some that may otherwise not be seeking an employment change.

Implementation of an AO (Ambulance Operator) program would allo w young community mem- bers the ability to enter a profession and obtain needed creden tials incrementally. By attracting community members, the pursuit of credentials could occur simultaneously while employed. Through department mentorship and guidance, the AO program could be a valuable recruitment and retention tool, enhancing services to the community.

Strategic Plan

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Attachment: Strategic Plan 2021-2025 FINAL (3206 : Cathedral City Fire Department Strategic Plan Adoption) 38 Threats
By recognizing possible threats, a department can reduce the po tential for losses. Fundamental to any strategic plan is the understanding that identiﬁ ed thr eats are not completely controlled or directed by the department.

POTENTIAL THREATS TO THE CATHEDRAL CITY FIRE DEPARTMENT (CCFD) The department’s ambulance program is based on a non-exclusive agreement with the Riverside County EMS Agency (REMSA) and not as part of Section 1797.201 of the Health and Safety Code.

The department has entered into a formal agreement with REMSA s ince it began providing its EMS level of service after June 1, 1980. Should denial of renew al ever occur, the department could experience an impact of 6 to 7 paramedic positions.

Emergency Medical Dispatching (EMD) is a service level greatly needed by the ﬁ re department. The department provides the highest emergency medical service level (Advanced Life Support), yet a caller does not receive pre-arrival instructions. Increasingly, this service level is becoming standard within communities and could potentially negatively impact a provider agreement if not instituted.

The current retirement formulas and beneﬁ t packages reformatted as part of the Public Employees’ Pension Reform Act (PEPRA) may potentially lead to the loss of employees after a tremendous amount of training and department resources have been invested.

Strategic Plan

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Cathedral City Page 1 of 2 Printed on 5/12/2022

Staff Report

City Council

Item No. 3.D

Meeting Date: May 11, 2022
From: Kevin Biersack, Accounting Services Manager
Title: ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING

DISTRICT BUDGET

City Council

RECOMMENDATION:

Adopt three Resolutions to re new the annual assessments with Street Lighting and Landscape Maintenance District No. 1 (Zones 1 through 54).

BACKGROUND:

In August 2001, City Council adopted Res. 2001 -57 approving the formation of an assessment district created under the Street Landsc aping and Lighting Maintenance District Act of 1972. The original district was initiated with six proposed benefit zones, but after the required Proposition 218 ballot process, only four Benefit Zones were approved. Since the initial formation, annexatio ns of additional zones have been approved by City Council and passed by property owners through the Proposition 218 ballot process, making a total of sixteen (16) current zones (Zones 1 thru 54, non - sequential).

The 1972 Act provides that assessments may be levied annually. Proposition 218 laws provide assessment increase limitations. Assessments for labor, material and utility increases cannot exceed an amount greater than the Consumer Price Index (CPI) for the previous year. Re -balloting is required if increases exceed the CPI limitations or if the scope of work accomplished by the LLD Zone were to change. Under the preliminary Engineer’s Report, there are no LLD Zone levy increases exceeding the CPI limitation nor are there any scope changes as currently proposed.

DISCUSSION:

As stated in the Recommendation above, the prescribed process includes the City Council adopting resolutions. To meet the time requirements to levy the parcels for the FY 2022 -2023 tax year, the Resolutions need to be approved b y May 11, 2022. A Public Hearing will be scheduled on June 8, 2022, duly published and made available at least 10 days prior to the Public Hearing. The Final Engineer’s Report and Levy for LLD Zones 1 through 54 (non -sequential) will be presented at the June 8th meeting. At that time, the Council shall consider adoption of a Resolution approving the Engineer’s

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Cathedral City Page 2 of 2 Printed on 5/12/2022
Report and a Resolution regarding the Establishment of the Maximum Assessment and Ordering the Levy and Collection of the Assessment.

FISCAL IMPACT:

Final acceptance of the Engineer’s Report and the Resolution Ordering the Levy and Collection of Assessment will allow the City to collect the appropriate levies from the parcel owners for these 16 LLD zones. Two (2) of these LLD zones provide for a 10 0% contribution from the City’s General Fund for the maintenance of public parks (Century Park and Panorama Park). In addition, the arterial streetlights in these zones are funded with a 50% contribution from the City's General Fund.

ATTACHMENTS:

FY2223-LLD Initiating Resolution
FY2223-LLD Intention Resolution
FY2223-LLD Preliminary Approval Resolution
FY 2223-CathedralCity-EngineersReport to City_v2

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RESOLUTION NO. _____________

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,

CALIFORNIA INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF

ASSESSMENTS FOR THE CITY OF CATHEDRAL CITY STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023

The City Council of the City of Cathedral City (hereafter referred to as the “City Council”) resolves as follows:

WHEREAS, The City Council of the City of Cathedral City, California has, by previous Resolutions, formed the District known and designated as the City of Cathedral City Street Lighting and Landscaping District No. 1 (hereafter referred to as the “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”), providing for levy and collection of assessments by the County of Riverside for the City of Cathedral City to pay the maintenance and services of street lighting, landscaping, and all appurte nant facilities and operations related thereto; and,

WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the annual levy of the Districts, and to prepare and file a “Engineer’s Annual Levy Report” (hereafter referred to as the “Report”) report with the Deputy City Clerk in accordance with the Act.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:

Section 1: The City Council hereby orders Willdan Financial Services to prepare the Report concerning the levy of assessments for the Districts in accordance with Chapter 3, Section 22622 of the Act.

Section 2: The descriptions of the District boundary and the Zones therein are outlined in the Report and by reference are made part of this Resolution. The District consists of sixteen (16) Benefit Zones. The District is designated as “City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1.”

Section 3: The improvements within the District include but are not limited to: turf, ground cover, shrubs and trees, irrigation systems, street lighting, graffiti removal, drainage systems and all appurtenant facilities and operations related thereto. The Report describes all new improvements or substantial changes in existing improvements.

Section 4: The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.

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PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF ________________, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

___________________________
Mayor

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_____________________________ ____________________________ City Attorney Department Head

REVIEWED:

_____________________________
City Manager

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Attachment: FY2223-LLD Initiating Resolution (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT BUDGET) RESOLUTION NO. _____________

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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT

ASSESSMENTS FOR THE CITY OF CATHEDRAL CITY STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023

The City Council of the City of Cathedral City (hereafter referred to as the “City Council”) resolves as follows:

WHEREAS, The City Council has by previous Resolutions formed the City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1 (hereafter referred to as the “District”), and initiated proceedings for Fiscal Year 2022/2023, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500) (hereafter referred to as the “Act”) provid ing for the levy and collection of assessments by the County of Riverside for the City of Cathedral City to pay for the maintenance and services of improvements and facilities related thereto; and,

WHEREAS, the assessments for the District were previously approved in accordance with the requirements of the California State Constitution, Article XIIID; and,

WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the Annual Levy of the District, and to prepare and file an “Engineer’s Annual Levy Report” (hereafter referred to as the “Report”) with the City Clerk in accordance with the Act; and,

WHEREAS, the Report for Fiscal Year 2022/2023 has been filed with the City Clerk, presented to the City Council and preliminarily approved by the City Council, as required by Chapter 3 Sections 22623 and 22624 of said act.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:

Section 1: The above recitals are true and correct.

Section 2: Intention: Pursuant to the Act, the City Council hereby declares its intention to seek the annual levy and collection of assessments within the District, over and including the land within the District boundary, and to levy and collect assessments on such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for Fiscal Year 2022/2023.

Section 3: Boundaries and Designation: The description of the District boundary and the Zones therein are outlined in the Report and by reference made part of this Resolution. The District consists of sixteen (16) Benefit Zones. The District is designated as “City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1.”

Section 4: Description of Improvements: The improvements within the District include but are not limited to: turf, ground cover, shrubs and trees, irrigation systems, street lighting, graffiti removal, drainage systems and all appurtenant facilities and operations related

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Attachment: FY2223-LLD Intention Resolution (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT BUDGET) RESOLUTION NO. _____________

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thereto. The Report describes all new improvements or substantial changes in existing improvements.

Section 5: Proposed Assessment Amounts: The proposed district assessments are within the limits previously approved by the property owners and do not constitute an increased assessment. The assessments outlined in the Report have not been increased over the Consumer Price Index as previously approved by the property owners, and do not require additional property owner approval in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID.

Section 6: Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act.

Section 7: Notice: The City shall give notice of the time and place of the Public Hearing to the property owners within the District by cau sing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices.

Section 8: Notice Of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on June 8, 2022 at 5:30pm, or as soon thereafter as feasible in the Council Chambers at City Hall, 68 -700 Avenida Lalo Guerrero, Cathedral City, CA 92234.

Section 9: The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law.

Section 10: That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.

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PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF ________________, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

___________________________
Mayor

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_____________________________ ____________________________ City Attorney Department Head

REVIEWED:

_____________________________
City Manager

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Attachment: FY2223-LLD Intention Resolution (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT BUDGET) RESOLUTION NO. _____________

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A RESOLUTION OF THE CITY COUNCIL OF CATHEDRAL CITY, CALIFORNIA FOR PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT FOR THE CITY OF

CATHEDRAL CITY STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023

The City Council of the City of Cathedral City, California (hereafter referred to as the “City Council”) resolves as follows:

WHEREAS, the City Council of the City of Cathedral, California has, by previous Resolution, ordered the preparation of the Fisc al Year 2022/2023 Engineer’s Report for the District known and designated as the City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1 (hereafter referred to as the “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and,

WHEREAS, there has now been presented to this City Council the “Engineer’s Annual Levy Report” (hereafter referred to as the “Report”) as required by Chapter 1, Article 4, Section 22566 of said Act; and,

WHEREAS, this City Council has examined and reviewed the Report as presented, and is preliminarily satisfied with the District, each of t he budget items and documents as set forth therein, and is satisfied the assessments have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Report.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:

Section 1: That the above recitals are true and correct.

Section 2: That the Report as presented, consists of the following:
a) A Description of Improvements (Plans & Specifications). b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance)
c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each said District for Fiscal Year 2022/2023. d) District Assessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein.
e) The Fiscal Year 2022/2023 Assessment Collection Roll with the proposed assessment apportioned to each lot or parcel.

Section 3: That the Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the Office of the City Clerk as a permanent record, and remains open to public inspection.

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Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Report.

Section 5: That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.

PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF ________________, 2022.

AYES:

NOES:

ABSENT:

ABSTAINED:

___________________________
Mayor

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_____________________________ ____________________________ City Attorney Department Head

REVIEWED:

_____________________________
City Manager

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Attachment: FY2223-LLD Preliminary Approval Resolution (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT

City of Cathedral City

Street Lighting and Landscaping
Maintenance District No.1

2022/2023 ENGINEER’S ANNUAL LEVY REPORT

Intent Meeting: May 11, 2022
Public Hearing: June 8, 2022

27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510

www.willdan.com

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Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT

ENGINEER'S REPORT AFFIDAVIT

Street Lighting and Landscaping Maintenance District No. 1

City of Cathedral City,
County of Riverside, State of California

This Engineer’s Report and the enclosed diagrams showing the exterior boundaries of the City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1 ; any relevant zones therein; and the lines and dimensions of ea ch lot, parcel, and subdivision of land within said District, as the same existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimens ions of parcels within the District.

The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2022.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of Cathedral City
By: ________________________________
Josephine Moses, Assistant Director (Special District Services) District Administration Services
By: ________________________________
Tyrone Peter
P.E. # C 81888

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TABLE OF CONTENTS

I. OVERVIEW ........................................................................................................... 1

II. DESCRIPTION OF THE DISTRICT .............................................................. 2

A. Improvements Within the District ....................................................... 2

B. District Zone Boundaries and Improvements ..................................... 3

C. Improvements Authorized By The 1972 Act ....................................... 8

III. Method of Apportionment ........................................................................... 10

A. General ............................................................................................ 10

B. Methodology .................................................................................... 11

C. Assessment Adjustment Formula to Offset Inflation ......................... 13

IV. DISTRICT BUDGET ......................................................................................... 15

A. Description of Budget Items ............................................................. 15

APPENDIX A ................................................................................................................ 20

APPENDIX B ................................................................................................................ 21

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I. OVERVIEW

The City of Cathedral City (“City”) annually levies and collects special assessments in order to provide and maintain improvements within the Street Lighting and Landscaping Maintenance District No. 1 (“District”). In August 2001, the District was formed by passage of City Council Resolution No. 2001-57, after a public hearing and protest ballot process in accordance with Article XIIID of the California Constitution (“Article XIIID”). The District was originally formed with four (4) benefit zones (“Zones”) and, along with all subsequent annexations of additional Zones, is described herein. The District assessment is levied annually pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and Article XIIID.

This Engineer’s Annual Levy Report (“Report”) describes the District and improvements, any proposed changes to the District or improvements and the proposed budgets and assessments for Fiscal Year (“FY”) 2022/2023. The assessments are based on the City’s estimated cost to maintain the improvements that provide a special benefit to properties assessed within the District. The improvements within the District and the corresponding costs and the annual levy are budgeted and assessed for each separate Zone, including expenditures, deficits, surpluses, revenues, and reserves.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number by the Riverside County (“County”) Assessor’s Office.

The County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties assessed for special district benefits on the County tax roll.

Following consideration of public comments and written protests at a noticed public hearing, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments, the City Council may then order the levy and collection of assessments for FY 2022/2023 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel in FY 2022/2023.

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II. DESCRIPTION OF THE DISTRICT

A. Improvements Within the District
The improvements in each of the Zones of the District include the operation, maintenance, rehabilitation and servicing of landscaping, lighting and appurtenant facilities including but not limited to, the cost of personnel, electrical energy, water service, materials, equipment, contracting services, and other items necessary for the satisfactory operation of these services described as follows:

Landscaping and Appurtenant Facilities

Landscaping improvements include but are not limited to: ground cover, shrubbery, trees, irrigation systems, hardscapes, fixtures ; sidewalk maintenance resulting from landscape growth, drainage basin cleaning and maintenance, graffiti removal, and related facilities ; and work in public rights -of-way, medians, p arkways and dedicated easements within the boundaries of said District.

Lighting and Appurtenant Facilities

Street lighting improvements include but are not limited to: energy costs, poles, fixtures, bulbs, conduits, conductors, equipment (including guy s, anchors, posts and pedestals), metering devices and appurtenant facilities required to provide safety lighting and landscape lighting in public rights -of-way, medians, parkways and dedicated easements.

The public lighting system in each of the Zones is maintained to provide adequate illumination. Power for streetlights is furnished by the Southern California Edison Company. Rates for power are those authorized by the California Public Utilities Commission.

“Maintenance” means the furnishing of service s, materials and labor for the ordinary and usual operation, maintenance, care and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, publi c lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubb ish, debris and other solid waste; the replacement of dead or dying vegetation, plants and (50%) trees; the cleaning, sandblasting, and painting of walls and other improvements to remove graffiti; and the cleaning, grading, disking, and maintenance of dra inage basins to maintain their appearance, percolation, and storage volume.

“Servicing” means the furnishing of water for the irrigation of the landscaping and the furnishing of electric current, gas or other illuminating agent for the public lighting fac ilities, or for the decorative lighting or operation of landscaping or appurtenant facilities.

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The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference herein made a part of this Report.

B. District Zone Boundaries and Improvements
The District is presently divided into sixteen (16) Zones , based on the special benefit received by the property within each of the respective Zones.

Zone One (Vista Del Rey, Tract 29664)

Zone One is a seventy-two (72) lot single-family residential development, located south of 30th Avenue east of Date Palm Drive. There are two (2) arterial streetlights located on 30 th Avenue and nine (9) located within the interior streets of the tract.

Landscaping improvements maintained in this Zone include the parkway on 30 th Avenue associated with the development.

Zone Two (La Paloma, Tract 29584)

Zone Two is a sixty-five (65) lot single-family residential development, located on the northwest corner of 30 th Avenue and Da Vall Drive. There are six (6) arterial streetlights located on 30 th Avenue and Da Vall Drive and eight (8) located within the interior streets of the tract. Landscaping improvements maintained in this Zone include the parkways on 30 th Avenue and on Da Vall Drive associated with the development. Also included is the graffiti removal from the perimeter walls along both 30th Avenue and Da Vall Drive and maintenance of a drainage basin.

Zone Five (Tapestry, Tract 29487 and Tract 29487-1)

Zone F ive contains eighty (80) single -family residential lots, located at the southwest corner of 30 th Avenue and Santoro Drive. There are three (3) arterial streetlights located on 30 th Avenue and Santoro Drive and nine (9) located within the interior streets of the tract. Landscaping improvements maintained in this Zone include the parkways on 30 th Avenue and on Santoro Drive associated with the development. Also included is the graffit i removal from the perimeter walls along both 30th Avenue and Santoro Drive.

Zone Seven (Montage, Tract 29771)

Zone Seven is a one hundred twenty -eight (128) lot single -family residential development, located at the southwest corner of Gerald Ford Dr ive and Da Vall Drive, of which 50% is in the City of Cathedral City and the other 50% is in the City of Rancho Mirage. The City of Rancho Mirage ’s landscape contractor maintains the landscaping and irrigation. There are twelve (12) arterial streetlights located on Gerald Ford Drive and Da Vall Drive. Landscaping improvements maintained in this Zone include a raised median island on Gerald Ford Drive and on Da Vall Drive associated with the development. Also included is the graffiti removal from the perimeter walls along both Gerald Ford Drive and Da Vall Drive.

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Zone Eight (Baristo, Tract 30256 and Tract 30256-1)

Zone Eight is a forty -two (42) lot single -family subdivision, locat ed south of McCallum Way and west of Santoro Drive, at the ends of Victor Road, Neuma Road, and El Toro Road. Tract 30256 has twenty-two (22) single-family residential lots and Tract 30256 -1 has twenty (20) single -family residential lots. The improvements maintained for this residential subdivision include four (4) interior streetlights on the four streets in this tract.

Zone Nine (La Pasada Neighborhood, Tract 27097-8)

Zone Nine is an eighty-six (86) lot single-family subdivision, located on interior public streets, abutting Vista Chino, an arterial highway, and bisected by Avenida Maravilla, a collector street which intersects Vista Chino and is also the main entryway into the La Pasada development.

The improvements maintained and asses sed to this Zone include the streetlights on the interior streets of Tract 27097-8, and the Zone’s proportional special benefit from the maintenance and upkeep of the Vista Chino and Avenida Maravilla landscaping, street lighting improvements, and graffiti removal. Zone Nine represents 27.4% of the total number of lots in the La Pasada Neighborhoood that benefit from improvements on Vista Chino and Avenida Maravilla. These properties are assessed proportionately for the cost of those improvements based on 27.4%. There are three (3) arterial streetlights and six (6) interior streetlights within this Zone.

Zone Eleven (Downtown Core Area, Tract 28339)

Zone Eleven is a n eleven (11) parcel zone . Ten (10) parcels in the zone are Commercial/Industrial with a combined acreage of 14.77 for a total EDU count of

88.62. One (1) parcel in the zone is a Multifamily Residential with sixty-one (61) Units for a total of 48.80 EDUs. Therefore, the total number of EDUs in the entire Zone is 137.42. The Downtown Core area is designated in the Downtown Specific Plan. It includes the Cathedral City Civic Center, a parking structure, theaters, Town Square and Downtown commercial-retail development sites. The properties within this Zone benefit from five (5) arterial streetlights located along the sidewalk and parkway areas of both East Palm Canyon and Cathedral Canyon Drive, as well as forty-six (46) interior streetlights located in the Core area.

Zone Twelve (Mercy Housing Project)

Zone Twelve contains two (2) Multi-Family Residential parcels with seventy -five (75) units for a total of 60.00 EDUs. The Mercy Housing project is an affordable housing project on the block between “A” Street and “ C” Street, and betwe en Cathedral Canyon Drive and West Buddy Rogers Avenue. The project site was originally comprised of fifteen (15) parcels, which were combined into one large parcel that was subsequently split into two (2) parcels. The project is a

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development of seventy -five (75) living units, and a 5,000 Sq. Ft. senior cent er area. The improvements maintained by the Zone include streetlights and landscaping. The operators of the development maintain the landscaping improvements around the site and in the street parkways. There are six (6) streetlights around the perimeter of the site; one (1) arterial streetlight is on Cathedral Canyon Drive and the other five (5) are within the interior of the Zone.

Zone Fifteen (Landau Homes, Tract 21491 & 24982)

Zone Fifteen consists of the one hundred eleven (111) lots, parcels and tracts of land located in the subdivision known as Landau Homes, which contains two (2) single-family residential tracts , 21491 and 24982. Zone Fifteen is located within the boundaries of the City, generally south of 30th Avenue, north of Vega Road and west of Landau Boulevard.

Landscaping improvements maintained in this Zone include the parkway along the west of Landau Boulevard, between 30th Avenue and Vega Road and the graffiti removal along a block wall on Landau Boulevard’s west side. A total of twenty-nine (29) streetlights, including eighteen (18) interior and eleven (11) arterial, are maintained.

Zone Sixteen (Century Park, Tract 20765-1 thru 8 & 29139)

Zone Sixteen consists of five hundred ninety-nine (599) parcels. Zone Sixteen consists of the lots, parcels and tracts of land located in the subdivisions collectively known as Century Park. Zone Sixteen is located within the boundaries of the City, border ed by 30th Avenue to the north, Da Vall Drive to the east, McCallum Way to the south, and Santoro Drive to the west. The parcels within the Zone consist of only residential parcels in addition to a neighborhood park owned by the City. The improvements maintained and assessed to Zone Sixteen include all streetlights within the residential subdivisions in the Zone and lighting and maintenance of Century Park. There are a total of two hundred (200) streetlights within the Zone, including forty-eight (48) arterial, one hundred forty (140) interior, and twelve (12) within the park.

Zone Sixteen provides for a one hundred percent (100%) contribution from the City’s General Fund for the maintenance of the public park. In addition, the arterial street lights in this zone are funded with a fifty percent (50%) contribution from the City's General Fund.

Zone Seventeen (Panorama Park, Tract 2040 & 2232)

Zone Seventeen consists of two thousand four hundred two (2,402) parcels with a total 2,523.44 EDUs and is comprised of the following:
• Sixty-one (61) Commercial/Industrial parcels with 15.15 cumulative acreage for a total of 90.84 EDUs.

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• One hundred twenty -two (122) Multi -Family Residential parcels with a cumulative three hundred twenty -seven ( 327) units for a total of 261.60 EDUs.
• Four (4) Mobile Home Park parcels for a total of 2 EDUs. • Two thousand one hundred and twenty-three (2,123) Single -Family Residential parcels for a total of 2,123.00 EDUs.
• Ninety-two (92) Vacant Residential parcels for a total of 46.00 EDUs.

Zone Seventeen consists of the lots, parcels and tracts of land located in the subdivisions collectively known as Panorama Park. Zone Seventeen is located within the boundaries of the City, bordered by Vista Chino to the north, Date Palm Drive to the east, 30th Avenue to the south, and Landau Boulevard to the west. The improvements maintained in Zone Seventeen include the maintenance and landscaping of facilities located within Panorama Park and the maintenance and servicing of one hundred seventy-three (173) streetlights within the Zone, including sixty-one (61) arterial, one hundred eight (108) interior, and four (4) within the park.

Zone Seventeen provides for a one hundred percent (100%) contribution from the City’s General Fund for the maintenance of the public park. In addition, the arterial street lights in this zone are funded with a fifty percent (50%) contribution from the City's General Fund.

Zone Eighteen (Landau Manor, Tracts 27962, 27962-1 & 30744)

Zone Eighteen contains eighty one (81) parcels with 80.5 EDUs. There are eighty (80) Single Family Residential homes for a total of 80 EDUs. There is one (1) Vacant Single-Family Residential parcel for a total of 0.5 EDU. Zone Eighteen consists of the lots, parcels and tracts of land located in the subdivision known as Landau Manor. Zone Eighteen is located within the boundaries of the City of Cathedral City, generally south of Vega Road, north of McCallum Way, east of Keith Avenue and west of Landau Boulevard. The properties within the Zone include single-family residential parcels and open space retention basins.

The improvements maintained in Zone Eighteen include: streetscape maintenance, including graffiti removal along the 6 foot high block wall on Landau Boulevard’s west side be tween Vega Road and McCallum Way; retention basin maintenance including clean out of debris and weed control at the three sites located at the southwest sections of each tract; all street lighting within the residential subdivisions in the Zone; street lig hts at Vega Road, McCallum Way and Landau Boulevard; and public street lighting and other public lighting facilities on the streets surrounding or adjacent to the development and other public areas associated or necessary for development of properties with in the Zone. A total of twenty (20) streetlights, including eight (8) interior and twelve (12) ar terial, are maintained.

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Zone Nineteen (Alicante, Tract 24035-1)

Zone Nineteen consists of the lots, parcels and subdivisions of land located in the Alicante Neighborhood. Th is Zone contains sixty -three (63) single -family residential units in Tract No. 24035 and is located in the northwest quadrant of the intersections of McCallum Way and San Eljay Drive. More s pecifically, this includes properties that are south of Rosemount Road, west of San Eljay Drive, and north of McCallum Way.

The improvements maintained in Zone Nineteen include the landscaping and maintenance of parkways on the north side of McCallum Way from San Eljay west approximately 600 linear feet; parkways on the west side of San Eljay Drive from McCallum Way to Rosemont Road; graffiti removal, paint and wall repairs along the masonry block wall on McCallum Way and San Eljay Drive; lighting and servicing of four (4) interior streetlights located at the end of each of the cul -de- sacs located within the tract, and nine (9) arterial streetlights located along McCallum Way, San Eljay Drive, and Rosemount Road.

Zone Twenty (Cimarron, Tract 25804-1)

Zone Twenty consists of the lots, parcels and subdivisions of land located in the Cimarron Neighborhood. The Zone contains thirty -two (32) single -family residential units in Tract 25804-01 and is located in the northeast quadrant of the intersection of 30 th Avenue and Santoro, the interior streets of Borrego Road, Santa Rosa Street and Cimarron Court.

The improvements maintained in Zone Twenty include the landscaping and maintenance of two (2) landscaped parkways to include a total of 16,000 square feet in the north side of 30 th Avenue (Santoro Drive to east tract limits) and the east side of Santoro Drive (30 th Avenue to the north tract limit); and lighting and servicing of six (6) interior streetlights located throughout the tract and three (3) arterial streetlights located along Santoro Drive and 30th Avenue.

Zone Twenty-One (Santoro Estates, Tract 25804-1)

Zone Twenty-One consists of the lots, parcels and subdivisions of land located in the Santoro Estates Neighborhood. The Zone contains thirty-six (36) single-family residential units in Tract 25804 and is located in the southwest corner of Santoro Drive and Tortuga Road. This incl udes properties east of Santoro Drive, west of Da Vall Drive, south of Tortuga Road, north of Borrego Road and the interior streets of Santa Rosa Street, Anza Court and Manzanita Court.

The improvements maintained in Zone Twenty-One include a landscaped parkway on the east side of Santoro Drive (from To rtuga Road south to the Cimarron tract line just north of Borrego Road), pedestrian safety streetlights, graffiti removal and litter control along Santoro Drive; lighting and servicing of six (6) interior streetlights located throughout the tract; and three (3) arterial streetlights located along

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Santoro Drive. In addition, the assessment, includes the landscape maintenance associated with a retention basin (on two (2) of the parcels) servicing this Zone.

Zone Fifty-Four (Jack-in-the-Box, Tract 019196)

Zone Fifty-Four is one (1) commercial parcel with a Chevron gas station and a Jack-in- the-Box located on the parcel. Zone Fifty-Four is located on Palm Drive just east of the I-10 freeway.

The improvements maintained and assessed in this Zone include a s treetlight on Palm Drive and Paul Road, and the landscaped median on Palm Drive. The maintenance and servicing of landscaping within the public right -of-way, includes the trimming, fertilizing, weeding and replanting of trees, shrubs, grass and other ornamental vegetation. The maintenance and servicing of irrigation and electrical facilities associated with the landscaping, including but not limited to electricity for operation of the irrigation system and water for irrigation ; and t he provision of electricity to all streetlights within the public right-of-way, including incidental costs and expenses.

C. Improvements Authorized By The 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;

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• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painti ng of walls and other improvements to remove or cover graffiti.

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III. METHOD OF APPORTIONMENT

A. General
Part 2 of Division 15 of the 1972 Act, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance, rehabilitation and servicing of street lights, parks and landscaping.

The 1972 Act requires that maintenance assessments be levied according to the special benefit received. Section 22573 provides that:

“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements”.

The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location and extent of the improvements, the various areas will recei ve different degrees of benefit from the improvement" (Sec. 22574). In addition, Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits.

General Benefit: Articles XIIIC and XIIID of the California Constitution require that the benefit to the public at large be identified for any improvements being funded through an assessment district. This general benefit may not be assessed to the parcels through an assessment district. The following Method of Assessment for the District analyzes the benefit to the public at large from the land scaping and lighting improvements provided by the City for the District.

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Special Benefit: Article XIIID of the California Constitution defines special benefit as “a particular and distinct benefit over and above the general benefits conferred on real p roperty located in the district or to the public at large.” General enhancement of property values does not constitute ‘special benefit’. The following Method of Assessment for the District analyzes the special benefit each parcel receives from the improve ments funded in each Zone of the District. The cost of the landscaping maintenance is distributed to parcels in each Zone based on the special benefit each parcel receives. The District has an assessment formula based on spreading the costs associated with each Zone over the parcels within the Zone. The costs are spread to the individual parcels based on their proportional special benefit utilizing an Equivalent Dwelling Unit Method of Apportionment.

The City determined that 50% of the collector/arterial lighting is considered general benefit with the remaining 50% of the costs (the special benefit component) to be apportioned to each parcel based on the established Equivalent Dwelling Unit calculations.

B. Methodology
Each parcel is assigned a weighting fac tor known as an Equivalent Dwelling Unit (EDU) to identify the parcel’s proportionate special benefit from the improvements.

Each parcel’s EDU is calculated based on the parcel’s land use, development status and/or size as compared to other parcels that ar e associated with the improvements. All single-family residential properties are assigned an EDU of 1.0, and all other property types are assigned an EDU proportionate to the special benefits they receive as compared to this single -family residential prope rty. For each Zone, the total EDU’s are divided into the total amount to be assessed to establish the Assessment per EDU (Rate). This Rate is then multiplied by each parcel’s individual EDU to establish the parcel’s levy amount.

The following is a list of EDU’s by land use type:

Single-Family Residential (SFR): This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EDU per lot or parcel.

Condominium: Condominium units will be treated the same as Single -Family Residential units, and therefore these parcels will be assessed 1.0 EDU per dwelling unit.

Multi-family Residential (Apartments), Mobile Home Parks, and Recreational Vehicle Parks: Studies have consistently shown that the average apartment unit impacts infrastructure approximately 80% as much as a single -family residence, and the average mobile home or recreational vehicle (RV) unit impacts infrastructure approximately 50%. This equivalency fact or is in general use in the State of California. Therefore, multi -family residential parcels (parcels with more than one dwelling on the parcel) will be assessed 0.8 EDU per dwelling unit and mobile home and RV parks 0.5 EDU per dwelling unit due to the higher population density of these types of dwelling units and reduced unit size compared to the

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typical density and size of single-family units.

The EDU's assigned to a multi-residential or a mobile home/RV parcel is calculated based on the number of dwel ling units and the appropriate EDU factor. For example, the 0.8 EDU factor for multi -residential is multiplied by the number of dwelling units or apartments on the parcel to determine the total EDU's for the parcel. Similarly, the total EDU's for a mobile home or a RV park parcel are calculated by multiplying the 0.5 EDU factor by the number of mobile home spaces or RV spaces on the parcel.

Commercial/Industrial: In converting improved Commercial/Industrial properties to EDU's, the factor used is the Cit y’s average single-family residential density of 6 dwelling units per acre. Therefore, the Commercial/Industrial parcels, including institutional uses and vacant Multi -family parcels, will be assessed 6.0 EDU per acre or any portion thereof.

Vacant Residential: This land use is defined as property currently zoned for single-family detached or multi -family residential development, but a tentative or final tract map has not been submitted and/or approved. Parcels designated as vacant residential land -use will be assessed 0.5 EDU per dwelling unit including vacant subdivided residential parcels or lots.

Vacant-rural: Parks and vacant parcels with no immediate development potential will be designated vacant-rural. These parcels will be assigned EDU's a t the rate of 12.5% of the developed Commercial/Industrial properties, or 0.75 EDU per acre, up to a maximum of 5 acres per parcel. Vacant parcels with approved subdivision maps will be assessed based on the approved future designated use.

Public Property: Public property, which is developed and used for residential or business purposes will be assessed the same as private property with the same use. Schools will be assessed as Commercial/Industrial uses for those portions of the parcels with building imp rovements on them, and the playground and athletic fields will not be assessed. Parks will be assessed as vacant-rural property.

Exempt: Public streets, public alleys, public easements and rights-of-ways, public greenbelts, and parkways are exempt from a ssessment. An exception to this is where the public agency owning the otherwise exempt property chooses to participate and to pay its assessment. Also exempt from assessment are utility rights-of-way, common areas (such as in condominium complexes) and landlocked parcels that do not benefit from the improvements.

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A summary of Equivalent Dwelling Unit (EDU) rates is shown in the table below:

Land-Use Category

EDU Factor
Exempt 0.0 EDU
Single-Family Residential (SFR) 1.0 EDU
Condominium 1.0 EDU
Multi-Family Residential (MFR) 0.8 EDU/UNIT
Mobile Home Park 0.5 EDU/SPACE
Recreation Vehicle park 0.5 EDU/SPACE
Commercial/Industrial 6.0 EDU/ACRE
Vacant Residential, SFR or MFR 0.5 EDU/UNIT
Vacant Rural / Parks 0.75 EDU/ACRE
5 acres max.

Public Property
Residential / Business use
School building parcels
School playground / fields
Public Parks

Same as Private
Same as Comm./Ind.

Not assessed
Same as Vac./Rural

The following formulas are used to calculate each property’s assessment for each Zone:

Total Budget FY 2022/2023 / Total EDUs = Assessment per EDU (Rate) Parcel EDU x Assessment Rate per EDU = Parcel Levy Amount

C. Assessment Adjustment Formula to Offset Inflation

It is recognized that the cost of maintaining the improvements may increase slightly every year as a result of inflation.

New or increased assessments require certain noticing, meeting, and balloting requirements. However, Government Code Section 54954.6 (a) provides that a “new or increased assessment” does not include “an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of an increased assessment was later confirmed by Senate Bill 919 (The Implementing Legislation for Proposition 218).

The Zone assessments include a formula for increasing assessments for each fiscal year to offset increases in costs due to inflation. This assessment adjustment formula complies with the above referenced Government Code Section and was adopted by the City Council as approved by the property owners when they were balloted for their assessments. The increase to the maximum assessment amount will be applied to each zone within the Street Lighting and Landscape Maintenance District No.1 except Zone 54.

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Starting with Fiscal Year 20 19/2020, the maximum assessment amount allowed for each fiscal year shall be increased by an amount equal to the annual percentage increase of the Local Consumer Price Index (“CPI”) for Riverside - San Bernardino - Ontario Counties Southern Region (new region created). For the prior fiscal years, the CPI index used was within the region generally known as the Los Angeles-Long Beach -Anaheim County Area. The calculation of the allowable maximum assessment rate is calculated independently from the budgeted annual assessment and may be increased each fiscal year even if the budgeted annual assessment rate is unchanged.

Each fiscal year the City shall identify the percentage difference between the CPI for the current January and the CPI for the previous January. This percen tage difference shall then establish the range of increased assessments allowed based on CPI. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.

The percentage difference for the CPI for the Riverside - San Bernardino - Ontario Counties Southern Region applicable for FY 2022/2023 is 8.59%. Therefore, the maximum assessment rates allowed for FY 2022/2023 have been adjusted over the prior year’s maximum assessment rates. For the rates per Zone, see Section IV, District Budget.

If the budget and assessments for a given Zone require an increa se greater than the adjustment set forth in the formula, then the proposed increase would be subject to the procedural requirements of Section 4 of Article XIIID.

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IV. DISTRICT BUDGET

A. Description of Budget Items
The following describes the services and costs that are funded through the District, shown in the budget:

Maintenance & Operations : Includes third -party maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Also, graffiti removal may be included, which can vary from minor to major in the scope and removal.

Public Works Maintenance Labor : Includes Cathedral City employee maintenance labor required to properly maintain the authorized improvements and services within the District.

Water: The cost of irrigation water for the landscape to be maintained is ba sed upon actual Desert Water Agency and Coachella Valley Water District billings on public landscaped areas being maintained within the District.

Arterial and Interior Streetlights : Energy costs for streetlights. For streetlights on arterial highways and collectors where there is some general benefit, 50% of this cost is levied to the parcels within the benefit zones and 50% is general contribution from the City . Interior residential streetlights are a full benefit of the adjacent parcels and are assessed at 100% of the cost for their energy and maintenance.

Electrical energy: Energy costs included are those necessary for the operation of irrigation controls.

Incidental costs : Costs for special items, such as costs of levying the assessments with the County Tax Collector and Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer’s Report, and other related costs, such as publication of notices, mailings, etc. per Section 22526 of the Streets and Highways Code.

Reserve Fund: A reserve is authorized under the provisions of Section 22569(a) of the Streets and Highways Code in an amount not to exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year in question, or whenever the City expects to receive its apportionment of special assessments from the County, whichever is later. Consistent with this authority, during the 2001 District formation proceedings, Council set a general policy of establishing the reserve amount for each Zone at 25% of the total estimated maintenance costs for that Zone, subject to the Zone ’s ability to fund the reserve through the assessments. The reserve amount is also authorized to be used for any unanticipated, ordinary and usual “maintenance”, as that term is defined in Section 22531 of the Streets and Highways Code. Repairs required by unanticipated,

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extraordinary and catastrophic occurrences would not fall within the definition of ordinary and usual “maintenance” and thus could not be paid for with reserve monies.

To the extent reserve amounts are not expended in a particular fiscal y ear, then they will be carried over to the next fiscal year and included as surplus in the Engineer’s Report, as required by Section 22656 of the Streets and Highways Code. The amount of any surplus shall be credited against the amount of any authorized reserve for each fiscal year. So, for example, to the extent 25% of the estimated costs of the improvements for the upcoming fiscal year already exist in the fund for a particular zone, no collection for a reserve would be required for that zone. (Note: This section was modified by act ion of the City Council on July 31, 2002).

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STREET LIGHTING & LANDSCAPING
MAINTENANCE DISTRICT NO. 1
PROPOSED BUDGET FOR FY 2022/2023
ZONE 1
Tract 29664
Vista Del Rey
ZONE 2
Tract 29584
La Paloma
ZONE 5
Tract 29487 &
29487-1
Tapestry
ZONE 7
Tract 29771
Montage
ZONE 8
Tract 30256 &
30256-1
Baristo
County Fund Number 68-2222 68-2212 68-2213 68-2214 68-2215 Equivalent Dwelling Units 72 65 80 128 42
Total Parcels Levied 72 65 80 128 42
Maintenance & Operations 11,202.49$ 28,401.39$ 24,695.78$ 4,650.00$ 0.00$ Public Works Maintenance Labor 1,847.65 658.06 4,604.22 0.00 0.00 Professional & Technical 0.00 0.00 0.00 0.00 0.00
Water 624.10 1,046.94 2,357.44 0.00 0.00
Interior Street Lights 1,844.89 1,608.90 1,880.17 0.00 717.56 Arterial Street Lights 411.85 1,208.83 806.78 2,413.17 0.00 Less: 50% General Fund Contribution (Arterial only) (205.92) (604.42) (403.39) (1,206.59) 0.00 Electricity 288.85 471.56 503.97 0.00 0.00
Less: General Fund Contribution to Park Maintenance Costs Subtotal Maintenance Costs: 16,013.90$ 32,791.27$ 34,444.96$ 5,856.59$ 717.56$ Assessment Engineering 700.96$ 1,162.22$ 1,611.57$ 790.91$ 182.23$ City Admin Fees 1,509.05 1,381.78 1,654.50 700.00 963.61 County Fees for Assessment Collection 121.07 117.78 124.83 147.39 106.97 Subtotal Incidental Costs: 2,331.08$ 2,661.79$ 3,390.90$ 1,638.30$ 1,252.82$ Total Operating Budget FY 2022/2023 18,344.98$ 35,453.06$ 37,835.86$ 7,494.89$ 1,970.38$ Reserve Fund
July 1, 2022 Estimated Beginning Balance ¹ 28,061.60$ 10,064.26$ 23,804.12$ (300.33)$ 4,628.46$ FY 2022/2023 Reserve Fund Collection/(Contribution) (5,744.98) (2,953.06) (5,835.86) 328.47 111.56 June 30, 2023 Estimated Ending Balance 22,316.61$ 7,111.20$ 17,968.26$ 28.14$ 4,740.02$ Maximum 25% Reserve of Maintenance costs for FY 2022/2023 ² 4,003.48$ 8,197.82$ 8,611.24$ 1,464.15$ 179.39$ Balance To Levy 12,600.00$ 32,500.00$ 32,000.00$ 7,823.36$ 2,081.94$ 2021/2022 Maximum Assessment Rate ³ 246.94$ 800.91$ 717.10$ 56.28$ 45.64$ 2021/2022 Applied Assessment Rate 125.00$ 450.00$ 350.00$ 56.28$ 45.64$ 2022/2023 Maximum Assessment Rate ³ 268.16$ 869.73$ 778.72$ 61.12$ 49.57$ 2022/2023 Applied Assessment Rate 175.00$ 500.00$ 400.00$ 61.12$ 49.57$ Applied Rate Over/Under Maximum Rate (93.16)$ (369.73)$ (378.72)$ (0.00)$ 0.00$ Consumer Price Index Adjustment
CPI Adjustment 8.59% 8.59% 8.59% 8.59% 8.59%
Difference between Applied 2021/2022 and Applied 2022/2023 per parcel 50.00$ 50.00$ 50.00$ 4.84$ 3.93$ Difference between Max 2021/2022 and Max 2022/2023 per parcel 21.22$ 68.82$ 61.62$ 4.84$ 3.92$ Total Budget FY 2022/2023 12,600.00$ 32,500.00$ 32,000.00$ 7,823.36$ 2,081.94$ ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items). ³ For Fiscal Year 2018/2019 and prior, Maximum Assessment Rate was increased by the Consumer Price Index (CPI), Los Angeles-Riverside-Orange County Area, for all Urban Consumers from February to February. Starting Fiscal Year 2019/2020 New CPI region Riverside/San Bernardino Counties Southern Region will be used from January to January because this region is only availble on odd months.

CPI increases will affect all zones within the District except Zone 54.

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STREET LIGHTING & LANDSCAPING
MAINTENANCE DISTRICT NO. 1
PROPOSED BUDGET FOR FY 2022/2023
ZONE 9
Tract 27097-8
La Pasada
ZONE 11
Tract 28339
Downtown Core
ZONE 12
Mercy Housing
Project
ZONE 15
Tract 21491 &
24982
Landau Homes
ZONE 16
Tract 29139
Century Park
Zone
ZONE 17
Tract 2040 &
2232
Panorama
County Fund Number 68-2216 68-2217 68-2218 68-2219 68-2220 68-2221 Equivalent Dwelling Units 86 137.42 60 111 599 2,523.44 Total Parcels Levied 86 11 2 111 599 2,402
Maintenance & Operations 10,869.86$ 0.00$ 0.00$ 26,067.73$ 84,958.92$ 43,769.02$ Public Works Maintenance Labor 0.00 0.00 97.73 230.21 76,013.54 83,164.19 Professional & Technical 0.00 0.00 0.00 0.00 0.00 0.00
Water 0.00 0.00 1,343.14 973.42 31,610.40 41,028.13
Interior Street Lights 1,206.81 3,175.84 0.00 3,343.65 11,065.22 23,224.36 Arterial Street Lights 658.74 651.54 0.00 2,257.71 7,666.62 13,539.29 Less: 50% General Fund Contribution (Arterial only) (329.37) (325.77) 0.00 (1,128.85) (3,833.31) (6,769.65) Electricity 484.54 0.00 0.00 241.07 3,043.84 3,088.54
Less: General Fund Contribution to Park Maintenance Costs (135,798.35) (194,274.24) Subtotal Maintenance Costs: 12,890.58$ 3,501.61$ 1,440.88$ 31,984.94$ 74,726.88$ 6,769.65$ Assessment Engineering 1,653.69$ 571.14$ 165.81$ 1,668.95$ 7,472.80$ 13,558.38$ City Admin Fees 700.00 399.99 236.36 2,218.12 11,090.58 43,871.39 County Fees for Assessment Collection 127.65 92.40 88.17 139.40 368.76 1,216.17 Subtotal Incidental Costs: 2,481.34$ 1,063.53$ 490.34$ 4,026.47$ 18,932.14$ 58,645.94$ Total Operating Budget FY 2022/2023 15,371.93$ 4,565.14$ 1,931.21$ 36,011.41$ 93,659.02$ 65,415.58$ Reserve Fund
July 1, 2022 Estimated Beginning Balance ¹ 6,182.34$ 19,182.52$ 1,196.46$ 37,756.99$ 30,127.69$ 124,265.23$ FY 2022/2023 Reserve Fund Collection/(Contribution) 19,028.07 931.66 340.39 (142.87) (9,799.02) 22,904.82 June 30, 2023 Estimated Ending Balance 25,210.41$ 20,114.18$ 1,536.85$ 37,614.11$ 20,328.66$ 147,170.04$ Maximum 25% Reserve of Maintenance costs for FY 2022/2023 ² 3,222.65$ 875.40$ 360.22$ 7,996.23$ 18,681.72$ 1,692.41$ Balance To Levy 34,400.00$ 5,496.80$ 2,271.60$ 35,868.54$ 83,860.00$ 88,320.40$ 2021/2022 Maximum Assessment Rate ³ 382.72$ 125.59$ 34.86$ 297.57$ 235.53$ 71.54$ 2021/2022 Applied Assessment Rate 382.72$ 40.00$ 34.86$ 297.56$ 127.81$ 35.79$ 2022/2023 Maximum Assessment Rate ³ 415.60$ 136.38$ 37.86$ 323.14$ 255.77$ 77.68$ 2022/2023 Applied Assessment Rate 400.00$ 40.00$ 37.86$ 323.14$ 140.00$ 35.00$ Applied Rate Over/Under Maximum Rate (15.60)$ (96.38)$ 0.00$ (0.00)$ (115.77)$ (42.68)$ Consumer Price Index Adjustment
CPI Adjustment 8.59% 8.59% 8.59% 8.59% 8.59% 8.59%
Difference between Applied 2021/2022 and Applied 2022/2023 per parcel 17.28$ 0.00$ 3.00$ 25.58$ 12.19$ (0.79)$ Difference between Max 2021/2022 and Max 2022/2023 per parcel 32.88$ 10.79$ 3.00$ 25.57$ 20.24$ 6.15$ Total Budget FY 2022/2023 34,400.00$ 5,496.80$ 2,271.60$ 35,868.54$ 83,860.00$ 88,320.40$ ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items). ³ For Fiscal Year 2018/2019 and prior, Maximum Assessment Rate was increased by the Consumer Price Index (CPI), Los Angeles-Riverside-Orange County Area, for all Urban Consumers from February to February. Starting Fiscal Year 2019/2020 New CPI region Riverside/San Bernardino Counties Southern Region will be used from January to January because this region is only availble on odd months.

CPI increases will affect all zones within the District except Zone 54.

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STREET LIGHTING & LANDSCAPING
MAINTENANCE DISTRICT NO. 1
PROPOSED BUDGET FOR FY 2022/2023
ZONE 18
Tract 27962,
27962-1 & 30744
Landau Manor
ZONE 19
Tract 24035-1
Alicante
ZONE 20
Tract 25804-1
Cimarron
ZONE 21
Tract 25804-1
Santoro
Estates
Zone 54
Jack in the Box
Total
County Fund Number 68-2200 68-2210 68-2211 68-2209 68-1247 Equivalent Dwelling Units 80.5 63 32 36 1 4,116.36
Total Parcels Levied 81 63 32 36 1 3,811
Maintenance & Operations 12,679.17$ 17,426.10$ 7,166.94$ 20,505.68$ 0.00$ 292,393.08$ Public Works Maintenance Labor 722.12 551.64 0.00 434.36 0.00 168,323.72$ Professional & Technical 0.00 0.00 0.00 0.00 0.00 0.00$ Water 1,416.40 766.57 760.42 1,091.30 0.00 83,018.26$
Interior Street Lights 1,260.52 723.60 1,147.10 875.70 0.00 52,074.35$ Arterial Street Lights 1,840.16 1,628.69 557.28 489.47 511.83 34,641.96$ Less: 50% General Fund Contribution (Arterial only) (920.08) (814.34) (278.64) (244.73) (255.91) (17,320.98)$ Electricity 532.81 460.40 143.40 484.69 607.07 10,350.74$ Less: General Fund Contribution to Park Maintenance Costs (330,072.59) Subtotal Maintenance Costs: 17,531.10$ 20,742.65$ 9,496.51$ 23,636.47$ 862.99$ 293,408.54$ Assessment Engineering 842.86$ 1,266.25$ 434.34$ 708.51$ 168.51$ 32,959.14$ City Admin Fees 1,672.68 1,345.42 781.80 854.53 218.18 69,598.00 County Fees for Assessment Collection 125.30 116.84 102.27 104.15 87.70 3,186.85 Subtotal Incidental Costs: 2,640.84$ 2,728.51$ 1,318.41$ 1,667.19$ 474.39$ 105,743.99$ Total Operating Budget FY 2022/2023 20,171.95$ 23,471.16$ 10,814.92$ 25,303.65$ 1,337.38$ 399,152.52$ Reserve Fund
July 1, 2022 Estimated Beginning Balance ¹ 2,662.13$ 16,824.59$ 2,105.83$ 12,520.76$ 15,594.22$ 334,676.83$ FY 2022/2023 Reserve Fund Collection/(Contribution) (2,586.72) 265.35 1,040.76 (3,703.65) (837.38) 13,347.53 June 30, 2023 Estimated Ending Balance 75.40$ 17,089.94$ 3,146.59$ 8,817.10$ 14,756.84$ 348,024.36$ Maximum 25% Reserve of Maintenance costs for FY 2022/2023 ² 4,382.78$ 5,185.66$ 2,374.13$ 5,909.12$ 215.75$ 73,352.13$ Balance To Levy 17,585.23$ 23,736.51$ 11,855.68$ 21,600.00$ 500.00$ 412,500.06$ 2021/2022 Maximum Assessment Rate ³ 201.16$ 346.96$ 341.17$ 782.08$ 5,000.00$ 2021/2022 Applied Assessment Rate 201.16$ 346.96$ 341.16$ 525.00$ 500.00$ 2022/2023 Maximum Assessment Rate ³ 218.45$ 376.77$ 370.49$ 849.28$ 5,000.00$ 2022/2023 Applied Assessment Rate 218.45$ 376.77$ 370.49$ 600.00$ 500.00$ Applied Rate Over/Under Maximum Rate 0.00$ 0.00$ 0.00$ (249.28)$ (4,500.00)$ Consumer Price Index Adjustment
CPI Adjustment 8.59% 8.59% 8.59% 8.59% 0.00%
Difference between Applied 2021/2022 and Applied 2022/2023 per parcel 17.29$ 29.81$ 29.33$ 75.00$ 0.00$ Difference between Max 2021/2022 and Max 2022/2023 per parcel 17.28$ 29.81$ 29.31$ 67.20$ 0.00$ Total Budget FY 2022/2023 17,585.23$ 23,736.51$ 11,855.68$ 21,600.00$ 500.00$ 412,500.06$ ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items). ³ For Fiscal Year 2018/2019 and prior, Maximum Assessment Rate was increased by the Consumer Price Index (CPI), Los Angeles-Riverside-Orange County Area, for all Urban Consumers from February to February. Starting Fiscal Year 2019/2020 New CPI region Riverside/San Bernardino Counties Southern Region will be used from January to January because this region is only availble on odd months.

CPI increases will affect all zones within the District except Zone 54.

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APPENDIX A

District Assessment Diagrams

The Assessment Boundary Map (attached) shows the exterior boundaries of the Assessment District and/or the benefit Zones therein. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report.

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3.D.d
Packet Pg. 92
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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3.D.d
Packet Pg. 93
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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3.D.d
Packet Pg. 94
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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3.D.d
Packet Pg. 95
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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3.D.d
Packet Pg. 96
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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3.D.d
Packet Pg. 97
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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3.D.d
Packet Pg. 98
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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3.D.d
Packet Pg. 99
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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3.D.d
Packet Pg. 100
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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3.D.d
Packet Pg. 101
Attachment: FY 2223-CathedralCity-EngineersReport to City_v2 (3217 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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2021/2022 Street Lighting and Landscaping Maintenance District No.1 Page 21

APPENDIX B

2022/2023 Collection Roll

Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor's map for the year in which this Report is prepared.

The land use classification for each parcel is based on the Riverside County Assessor’s Roll. A listing of parcels assessed within this District, along with the proposed assessment amounts, shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report.

Non-assessable lots or parcels may include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated lots, and any other property that cannot be developed. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. Properties outside the District boundary receive no direct or special benefits from the improvements provided by the District and are not assessed.

Approval of this Report (as submitted or as modified) confirms the method of apportionment and the maximum assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessmen ts for the fiscal year. The parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for the fiscal year.

If any parcel submitted for collection is identified by the Count y Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report.

Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be rec alculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.

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Cathedral City Page 1 of 2 Printed on 5/12/2022

Staff Report

City Council

Item No. 6.A

Meeting Date: May 11, 2022
From: Chris Parman, Communicaions and Events Manager
Title: Battle in the Desert Amateur Boxing Tournament

City Council

RECOMMENDATION:

To approve SUP #22-004 to hold the annual Battle in the Desert on October 1, 2022 in the Cathedral City Community Amphitheater.

BACKGROUND:

Produced by Jesus Gonzalez, an officer with the Cathedral City Police Department, the “Coachella Valley Battle in the Desert” is an annual amateur boxing to urnament geared towards those who work in the public safety professions. The boxing event has occurred over the last five plus years and sold out in 2021 with 800 tickets. Mr.

Gonzalez would like to conduct the boxing event again on Saturday, October 1, 2022, from 5:00 pm to 11:00 pm. The event is sanctioned by USA Boxing, and it encourages law enforcement officers and public safety personnel to compete in the sport of boxing.

Some of the proceeds generated go to local charities. The event will take pl ace for the first time at the Cathedral City Community Amphitheater in Downtown Cathedral City.

DISCUSSION:

The boxing event is open to the public with a paid admission. Food, non -alcoholic and alcoholic beverages will be sold. Proceeds of the admission and concessions will benefit the organizer. The organizer is asking the City Council to sponsor the Special Use Permit application fee of $510.

Suggested conditions of the SUP would be that the organizer show proof of a City business license, secure e vent insurance naming the City as an additional insured, allow the City attorney to review and make edits to liability waivers that must be signed by all boxing participants, and the organizer must show proof of all health permits for food and beverages as well as permits from the Alcohol Beverage Commission to sell alcohol. The organizer plans to request the restroom trailer or offer portable toilets in front of the parking garage. The amphitheater is fenced for alcohol and crowd control.

Although the p ermit states the event running until 11:00 p.m., the likelihood of it going past 10:00 p.m. is slim based on the previous years' end time. The first bout typically starts after 6 pm. All sound is geared to face inward towards the boxing ring which

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dramatically reduces noise issues. If the organizer decides to use the City’s sound and lighting equipment then he would need to contract with the City’s preferred sound, light and stage operator that has exclusive control over city equipment and pay the associated costs.

The organizer would begin setting up for the event on Friday, September 30 th and teardown would occur around midnight on Saturday, October 1, 2022. All equipment must be removed by Sunday, October 2, 2022, as public works will scalp the gra ss for the fall season on Monday, October 3, 2022. The organizer expects to attract up to 1,000 attendees.

Security will be handled by either CCPD officers, private security guards, or both.

FISCAL IMPACT:

Since this has become an annual city sponsored e vent, there is no rental fee charge to use the amphitheater. Since it will be located in the amphitheater much of the in -kind support provided by the public works as in years past will be minimized as there will be no need to use the city’s metal crowd co ntrol barriers. The organizer has done a great job cleaning up after the event and leaving the area in good condition.

ATTACHMENTS:

SUP 22-004 Battle in the Desert

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Cathedral City Page 1 of 2 Printed on 5/12/2022

Staff Report

City Council

Item No. 6.B

Meeting Date: May 11, 2022
From: Chris Parman, Communicaions and Events Manager
Title: Contract for Services Extension for Locations Unlimited and Locations 760

City Council

RECOMMENDATION:

To approve a two-year contract extension for Locations Unlimited and Locations 760 as booking agents for the Cathedral City Community Amphitheater.

BACKGROUND:

The City Council approved a Contract for Services Agreement with the two leading venue booking agents in the Coachella Valley, Locations 760 and Locations Unlimited, to book for-profit events at the Cathedral City Community Amphitheater. These agents represent about 80% of all bookings at more than 100 properties in the surrounding areas. They have booked events such as the Louis Vuitton Event at the Bob Hope Estate that brought in 1,000 people, filled 5,000 hotel nights, and held 6 corporate events. They contract for corporate events for all the major weekends like Coachella 1 and 2, Stagecoach, and BNP Paribas Tennis Tournament. The contract was signed in February 2020 along with a one-year mutually agreed to extension.

Due to COVID-19, which started a month after their contracts were approved as well as construction delays at the Amphitheater, these two firms have not been able to book any events. However, now that events are ramping back up and construction on the amphitheater is near completion, they are ready to start promoting and booking events at the Amphitheater. Recently, one of the agents gave a tour with City staff to Redfin for a potential event in January for 1,900 guests.

DISCUSSION:

This contract for services agreement keeps all the same elements of the original contract except it now offers a two-year agreement with a one-year extension if mutually agreeable by the City and each of the booking agents. The two companies are:

Locations 760
Mr. Richard “Kip” Serafin
1775 E. Palm Canyon Drive, Ste. 110-250
Palm Springs, CA 92264

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Cathedral City Page 2 of 2 Printed on 5/12/2022

Locations Unlimited Inc.

Mr. Thies Lemke
41106 Yucca Lane
Bermuda Dunes, CA 92203

These two companies would perform the following tasks for booking events at the Cathedral City Community Amphitheater:

1. Market the amphitheater to potential clients

2. Negotiate the price of the amphitheater according to the fee schedul e approved by the City Council

3. Have each client fill out the Special Use Permit to be submitted to City Staff for review and to be approved by the City Council

4. Appear at Council Meetings to answer any questions about the Special Use Permit submitted by their client

5. Collect all fees and security deposits to be paid to the order of “City of Cathedral City”

6. Check the client in, monitor their use of the amphitheater, and check them out.

7. Document any problems, damages, etc. to City Staff

8. City Staff will determine refunds of security deposits based on any documented damages during the client’s usage.

They will also abide by prior agreements with Pepsi and Kickback Cinemas as well as any future sound, light, and stage management agreement when using City’s sound and lighting equipment at the amphitheater. They will refer their clients to those approved contracted third parties.

FISCAL IMPACT:

The contract for services for booking the Cathedral City Community Amphitheater is commission based. For special events with a rental fee of $2,500 - $5,000, the booking agent would receive a commission of $1,000. For all events over $5,000, the booking agent would receive a commission of 20% of the gross rental fee. The agents receive no monetary compensation unless the City is paid through their booking of an event.

These seasoned agents have the potential to book clients unknown to the city and bring in significant dollars to go towards the park reserve fund for future improvements and maintenance.

ATTACHMENTS:

Agreement for Booking and Management Services - CCCA - May 12 2022 Concessionaire Agreement - Exhibit E of Agreement
Signed Pepsi Contract Cathedral City - FINAL - Exhibit D of Agreement

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1 AGREEMENT FOR BOOKING AND MANAGEMENT SERVICES

BY AND BETWEEN

THE CITY OF CATHEDRAL CITY,
LOCATIONS UNLIMITED INC.

AND
LOCATIONS 760

This Agreement for Booking and Management Services (“Agreement”) is entered into as of this 1 2th day of May , 202 2 (“Effective Date”) by and between the City of Cathedral City, a California Charter (“City”), Locations Unlimited, Inc., a California corporation and Locations 760, a Sole Proprietor (Locations Unlimited Inc. and Locations 760 are hereinafter collectively referred to as “ Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
WHEREAS, City is the owner of certain improved real property known as the Cathedral City Community Amphitheater, located in Cathedral City, County of Riverside, State of California, which is more particularly described on Exhibit “A” attached hereto and incorporated herein by reference (“Property” or “Amphitheater”); and WHEREAS, the City has sought the performance of the services defined and described particularly in Section 2 of this Agreement; and WHEREAS, Service Provider was selected through direct negotiation by the City to perform those services.

WHEREAS, Service Provider shall market the Amphitheater to provide for the booking of Events and in coordination with the City shall assist in executing the appropriate contract(s) between the City and Amphitheater Clients. Service Provider shall also oversee Events that occur at the Amphitheater.

OPERATIVE PROVISIONS
NOW, THEREFORE , in consideration of the mutual promises and agreements made by the Parties and contained herein and for other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. DEFINITIONS
(a) “Amphitheater Client” means an individual, business, organization or City department, which is obtained, procured and scheduled by Service Provider and is granted use of the Amphitheater for an Event or Event Day which may be open to the general public or to a private audience.

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 2 (b) “City Liaison” means the City Manager or his or her designee, who will administer the Agreement for the City and who will interface with Service Provider to facilitate open communication between the Parties with respect to the booki ng and management of the Amphitheater.
(c) “City Marks” shall mean any name or mark that (1) contains, in whole or part, name(s) and/or mark(s) (including service marks, trademarks, names, titles, descriptions, slogans, insignias, emblems or logos) of the City of Cathedral City; or (2) imparts the color of authority of the City of Cathedral City. City Marks shall not include the official Seal of the City of Cathedral City.
(d) “Event” means any activity that occurs at Amphitheater whether open to the general public or exclusive to a private audience.
(e) “Event Days” means any day in which Amphitheater is in use for any purpose to support any type of an Event. This includes but is not limited to, rehearsal, technical staging of lights and sound, set up and strike of stage and actual performance days. For the avoidance of doubt an Event Day shall include days, which cannot be rented to other Amphitheater Client(s) that are work days used to support a coming Event. Notwithstanding the foregoing, rehearsals or similar activities are not deemed to be an Event but are deemed to be Event Days.
(f) “Performing Artist” means any individual or group who perform any of a wide range of performance disciplines including , without limitation to , a play, musical, dance or similar performance Event for an audience at Amphitheater.

SECTION 2. GENERAL SCOPE; ENGAGEMENT OF SERVICE PROVIDER The City hereby engages Service Provider to promote and book Performing Artists to the Cathedral City Community Amphitheater subject to the terms and conditions of this Agreement and Service Provider hereby accepts such engagement.

SECTION 3. SERVICE PROVIDER SCOPE OF SERVICES
(a) Scope of Services. Service Provider shall provi de for the management and operation of Amphitheater as set forth in Exhibit “B” [Scope of Services]. (b) Changes to the Scope of Services. Parties may modify the Services by mutual agreement, in writing signed by the duly authorized representative of each Party.

SECTION 4. MUTUAL OBLIGATIONS
Parties shall work together to review issues and other matters related to the smooth, orderly and efficient booking and management of the Amphitheater. The Parties shall develop a proposed plan for remediation of any such issues.

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 3 SECTION 5. BILLING AND PAYMENT
(a) Invoice. Service Provider shall provide an invoice to the City detailing charges for work performed within thirty (30) days after the completion of an Event. (b) Payment. City shall pay Service Provider one thousand dollars ($1,000.00) for each completed Event that generates at least two thousand five hundred dollars ($2,500.00) but no more than five thousand dollars ($5,000.00) in revenue.

Further, City shall pay Service Provider twenty percent of the revenue received for each completed Event that generates five thousand and one dollars ($5,001.00) or more. No compensation shall be provided for Events that generate less than two thousand five hundred dollars ($2,500.00) in revenue. Payment for all services shall be due to Service Provider within thirty (30) days of City’s receipt of required invoice. (c) Fee Disputes. In the event the City disputes any particular item or amount on an invoice, City shall provide Service Provider with wr itten notice within seven (7) days of receipt of the invoice, stating the particulars of the dispute. The Parties shall mutually cooperate to resolve any such disputes in good faith and by mutual agreement.

All items not in dispute shall be paid as provided for above.

SECTION 6. EXPENSES PAID BY SERVICE PROVIDER
The Service Provider’s business and travel expenses are to be paid by the Service Provider and not by the City.

SECTION 7. CITY MARKS
(a) Use of City Marks. During the t erm of this Agreement, and subject to the terms and conditions of this Agreement, the City grants to Service Provider a limited, non-exclusive, non-transferable, worldwide, royalty free license to use the City Marks , as defined in Section 1, in connection with the operation and promotion of the Amphitheater and for the purposes of fulfilling Service Prov iders obligations under this Agreement (each a “Licensed Use” or collectively, the “Licensed Uses”). No other or different rights are granted hereunder to Service Provider and Service Provider shall have no right to use any of the City Marks apart from the Licensed Uses. Other than the express licenses granted herein with respect to the City Marks, nothing herein will grant Service Provider any other right, title or interest in the City Marks, which are reserved by the City.
(b) Conditions of Use. Service Prov ider agrees that the City Marks will always be reproduced as shown in Exhibit “ C” [City Marks] in their entirety with no alterations, obstructions or modifications. Service Provider agrees that it will comply with any additional trademark usage and guideli nes that City may communicate to Service Provider from time to time. Service Provider shall be required to obtain written approval of City Liaison prior to each use of the City Marks on any products, materials, or premiums designed, manufactured, marketed or sold under or pursuant to this Agreement or in connection with any marketing or promotional materials under this

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 4 Agreement provided such use: (i) is a Licensed Use and (ii) the appearance (e.g. form, color, type, style, orientation, etc.) of the City Marks is unaltered.

SECTION 8. TERM OF AGREEMENT
Subject to the provisions of Section 17 "Termination" of this Agreement, the initial term of this Agreement shall be for a period of two (2) year s commencing on the Effective Date fir st ascribed above. This Agreement shall renew automatically for a subsequent one (1) year term unless either Party provides written notice of nonrenewal at least ninety (90) days before the end of the initial term.

SECTION 9. SERVICE PROVIDER REPRESENTATIONS
(a) Standard of Performance. Servic e Provider shall perform services with the degree, skill and care observed by national firms performing the same or similar services.
(b) Compliance with Laws. Service Provider shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Service Provider represents and warrants to City that it has and shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, pe rmits, insurance and approvals which are legally required for Service Provider to practice its profession. (c) No Discrimination. Service Provider shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any f ederal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code Section 12940.
(d) Independent Contractor. Service Provider is not to be considered an agent or employee of City for any purpose, and neither Service Provider nor any employees of Service Provider are entitled to any of the benefits that City provides for City's employees. It is understood that Service Provider is free to contract for similar services to be performed for other cities, persons or entities during the term of the Agreement.

Service Provider shall be fully responsible for all income, social security or other taxes or deductions relating to the services it performs for City.

SECTION 10. CITY REPRESENTATIONS
(a) Authority. City represents and w arrants that it owns and controls the Amphitheater. City has the authority to enter into this Agreement with Service Provider for the booking, management and operation of the Amphitheater and for the production of entertainment, performing arts, school and community events.

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 5 (b) Maintenance and Repair of the Amphitheater . City shall maintain, or cause to be maintained the buildings, appurtenances and grounds of the Amphitheater in substantial compliance with applicable laws, statutes, ordinances and regulations in accordance with commercial reasonable standards, including such maintenance as, without limitation thereof, electrical and plumbing, equipment, carpentry, and such other normal maintenance and repair work as may be reasonably necessary. (c) Acknowledgment of Risk . City acknowledges that the production and promotion of Events in the entertainment and cultural arts industry have associated inherent risks, which include but are not limited to financial and other general liabilities.

Both Parties also acknowl edge that a decision to produce entertainment, recreation, cultural Events, or any specific Event, may at times be made by City for reasons other than financial profit potential and that at times City may elect to produce Events which will require financial subsidy in order to achieve other community service objectives.

SECTION 11. EXCLUSIVE PEPSI BEVERAGE AGREEMENT
During the term of this Agreement, Service Provider shall notify all Amphitheater Clients and vendors of the City’s Beverage Agreement with Pepsi Co., attached hereto as Exhibit “D”. All Amphitheater Clients and vendors booked through Service Provider shall purchase soda products and other covered beverages using the City’s account code per the City’s Bevera ge Agreement with Pepsi , where applicable. All rebates earned for sale of covered beverages made on the Property will be paid to City and Service Provider shall not have claim to these funds.

SECTION 12. CONCESSIONAIRE AGREEMENT
During the term of this Agreement, Service Provider shall notify all Amphitheater Clients and vendors of the City’s Concessionaire Agreement with Kick Back Cinemas, LLC, attached hereto as Exhibit “E” where applicable.

SECTION 13. PERSONAL SERVICES NOT REQUIRED
(a) Employees. Service Provider shall have sole responsibility and authority in the selection, hiring, compensation, benefits, training, supervision, discipline and/or discharge of all Service Provider employees. For all purposes, all Service Provider employees shall be deemed to be only employees of Service Provider and not the City.

In the event that City requests or requires training unique to the City, City shall reimburse Service Provider for costs associated with employee time and expenses of employees to attend such training.
(b) No Co-Employment. In consideration of the liabilities that may accrue to a co-employer, Parties agree that they shall not be co- employers. Service Provider employee(s) assigned to work at the Amphitheater shall work exclusi vely for Service Provider. City shall have no authority in the selection, hiring, compensation, benefits, supervision, discipline and/or discharge of any employee of Service Provider. City Project Liaison and or City personnel shall not direct Service Provider employees.

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 6 SECTION 14. NO SET WORK HOURS
The Service Provider has no set hours of work. There is no requirement that the Service Provider work full time or otherwise account for work hours.

SECTION 15. SOCIAL MEDIA; OWNERSHIP OF SOCIAL MEDIA CONTACTS Service Provider may, in fulfillment of the obligations set forth in this Agreement, create and/or use social media accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) for the promotion of the Amphitheater . City reserves the right to amend , limit and/or terminate Service Provider’s authority to use social media accounts promoting the Amphitheater at any time. Service Provider shall not have access to City controlled social media accounts.

Any social media c ontacts, including “followers” or “friends” that are acquired through accounts created by the Service Provider (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used in promotion of the Amphitheater are the property of the Service Provider.

SECTION 16. INDEMNITY
To the fullest extent permitted by law, the Parties shall defend, indemnify, and hold harmless each other and their respective officers, elected officials, employees, agents, and volunteers (collectively “Indemnitees”) from and against any and all claims, loss, cost, damage, injury , expense and liability of every kind, nature and description (including, without limitation, fines, penalties, incidental and consequential damages, reasonable court costs and attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith, and costs of investigation), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by the Parties.

Neither termination of this Agreement nor completion of the services shall release the Parties from their obligations under thi s Agreement, as long as the event giving rise to the claim, loss, cost, damage, injury, expense or liability occurred prior to the effective date of any such termination or completion.

SECTION 17. TERMINATION
(a) City Termination. City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress.
(b) Suspension. City may temporarily suspend this Agreement, at no additional cost to City, provided that Service Provider is given written notice of temporary suspension. If City gives such notice of temporary suspension, Service Provider shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this Section.

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 7 (c) Service Provider Termination. Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(d) Performance of Material Obligations. If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice.
(e) Final Invoice. Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Design Professional shall furnish to C ity a final invoice for work performed by Service Provider, as set forth in Section 5 of this Agreement. This final invoice shall be reviewed and paid in the same ma nner as set forth in Section 5 of this Agreement.

SECTION 18. EFFECT OF TERMINATION
(a) Records and Execu tory Contracts. Upon termination of this Agreement, for any reason, all of the records in the Service Provider’s possession pertaining to the operation of the Amphitheater, together with the supplies, equipment, or other property of the City in Service Provider’s possession shall be delivered to the City. (b) Booking Contracts . Upon termination of this Agreement, all duties and obligations of Service Provider with respect to negotiation and booking of an Event shall cease. In no event shall City have the rig ht to reduce or deduct any of the fees due to Service Provider under the terms and conditions of this Agreement.

SECTION 19. ASSIGNMENT
Service Provider shall not assign, delegate, or transfer any interest in this Agreement nor the performance of any Service Provider's obligations hereunder, without the prior written consent of the City.

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 8 SECTION 20. NOTICES
All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by: (a) certified or registered mail, postage pr epaid, return receipt requested, (b) personal delivery, or (c) a recognized overnight carrier that provides proof of delivery, and shall be addressed as follows:

If to City: If to Service Provider:

City of Cathedral City
Attn: City Manager
68700 Avenida Lalo Guerrero
Cathedral City, California 92234
Locations Unlimited LLC
Attn: Thies Lemke
41106 Yucca Lane
Bermuda Dunes, California 92203

Locations 760
Attn: Richard “Kip” Serafin
1775 E. Palm Canyon Drive,
Suite 110-250
Palm Springs, California 92264
Notices shall be deemed effective upon receipt or rejection only.

SECTION 21. LAW TO GOVERN; VENUE
This Agreement shall be governed by the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall take place in the Superior Court of the State of California for the County of Riverside, or if in federal court the United States District Court for the Central District of California, Eastern Division.

SECTION 22. AMENDMENT
Any amendment to this Agreement will be effective only if it is in writing signed by all Parties to this Agreement.

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 9 SECTION 23. OWNERSHIP OF DOCUMENTS
All plans, studies , documents and other writings, including working notes and internal documents, prepared by and for Service Provider , its officers, employees and agents and sub- Service Providers in the course of implementing this Agreement, shall become the property of Ci ty upon payment to Service Provider , and City shall have the sole right to use such materials in its discretion without further compensation to Service Provider or to any other Party. Service Provider shall, at Service Provider ’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. All documents prepared by Service Provider are confidential and shall be maintained to preserve their confidential nature. Release of any such documents to third parties shall only be made upon written consent of City.

SECTION 24. WAIVER
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

SECTION 25. SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 26. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the Parties with respect to the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be in writing and signed by both Parties. [Signatures on Following Page]

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 10 CITY OF CATHEDRAL CITY:

By: _______________________________
Charles P. McClendon
City Manager
LOCATIONS UNLIMITED INC.

By:

Its:

By:

Its:

LOCATIONS 760
By:

Its:

Approved as to form:

BURKE, WILLIAMS & SORENSEN, LLP
By: ___
Eric S. Vail
City Attorney

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 11 EXHIBIT “A”

DEPICTION OF PROPERTY
Cathedral City Community Amphitheater
68-526 Avenida Lalo Guerrero, Cathedral City, CA 92234
Located on the Northeast corner of Cathedral Canyon Drive and Avenida Lalo Guerrero

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 12 EXHIBIT “B”

SCOPE OF SERVICES
Development of Booking and Marketing Systems:

1) Develop and establish a professional booking and marketing system designed to provide for the on-going administration of the Amphitheater.

Amphitheater Management and Consultation:

1) Represent the City of Cathedral City with regard to the use of the Amphitheater by third parties for the production of public and private events.

2) Assist in the management, upon consultation with the City Liaison, of the master calendar of Events for Amphitheater including, but not limited to, performance, rehearsal, technical and production needs for all Events.

3) Confirm whether the Amphitheater C lients would like operation of Concession Stand by Kickback Cinemas, LLC during an Event.

Marketing and Business Development:

1) Business development and marketing for t he Amphitheater operation including the development of technical specification brochures, sales materials, website, on- line marketing strategies, social media and other required collateral materials.

Coordination, Planning and Communication with City:

1) Recommend operating budgets, programming models, rental rates, operating policies, business strategies and changes to the Business Plan, where necessary, to the City. Final approval shall be provided by the City Council.

2) Coordinate all reporting requi rements for the City Council and the City Manager through the City Liaison.

3) Meet regularly with the City Liaison.

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 13 EXHIBIT “C”

CITY MARKS

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 14 EXHIBIT “D”

PEPSI BEVERAGE AGREEMENT

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations 15 EXHIBIT “E”

CONCESSIONAIRE AGREEMENT

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Attachment: Agreement for Booking and Management Services - CCCA - May 12 2022 (3214 : Contract for Services Extension for Locations C2c

CONCESSIONAIRE AGREEMENT
This Concessionaire Agreement (" Agreement") dated as of the 1st day of October, 2021 (" Effective Date"), is made and entered into by CITY OF CATHEDRAL CITY, a California charter city and municipal corporation (" City"), and KICK BACK CINEMAS CATHEDRAL CITY, LLC, a California limited liability company (" Kick Back Cinemas").

Hereafter, City and Kick Back Cinemas may sometimes be referred to individually as a" Party," and collectively as the " Parties."

RECITALS
WHEREAS, City is the owner of certain improved real property known as the Cathedral City Community Amphitheater, located in Cathedral City, County of Riverside (" County"), State of California (" State"), which is more particularly described on Exhibit " A" attached hereto and incorporated herein by reference (" Property"); and WHEREAS, Kick Back Cinemas desires an agreement for exclusive access and use of portions of the Property for the purpose of conducting the Permitted Activities; and City has agreed to grant Kick Back Cinemas such accessto and use of portions of the Property, subject to the terms and conditions set forth in this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the mutual covenants contained herein, the Parties agree as follows:

1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits:
a) " City Event" means a function, party, dinner, show, performance, concert, pageant, parade, play, movie, festival or any other type of event designated by the City as a City Event, whether wholly or partially organized, hosted, sponsored or otherwise undertaken by the City on the Property.
b) " Concessions" mean only Popcorn (including flavored popcorns, such as but not limited to, kettle corn, caramel corn, and cheese popcorn), hot dogs, nachos, candy, chips, cookies, fountain or bottled soda, bottled drinks ( excluding beer, wine and other beverages containing alcohol), bottled water, coffee or other pre-packaged items sold at the Mary Pickford Theatre located at 36850 Pickfair Street, Cathedral City, CA 92234. c) " Concession Stand" means that portion of the Property more particularly described in Exhibit " B," which is attached hereto and incorporated herein by reference, which is improved with a structure commonly known as the concession stand where patrons can purchase Concessions.
d) " Hawk" means to offer for sale by a person walking on the Property, carryingConcessionsfor salein asuitablecontainerandcalling aloudin public. 1 RN# 4849- 3950- 2765 v5

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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations e) " Third Party" means a person or group not affiliated with the Parties renting the Property.
f) " Third Party Event" means a function, party, dinner, show, performance, concert, pageant, parade, play, movie, festival or any othertype of eventdesignatedby the City as a Third Party Event, whether wholly or partially organized, hosted, sponsoredor otherwise undertaken by a Third Party on the Property.

2. Grant of License: Scope. City herebygrants to Kick Back Cinemas, its officers, employees, agents, and representatives ( collectively, the " Kick Back Cinemas Parties"), a license to use the ConcessionStand solely for the Permitted Uses set forth in Section3. This license includes the right of the Kick Back Cinemas Parties to access and have ingress and egress over the Property to the extent reasonably necessary for operation of the Concession Stand. a) No Lease or Easement. Kick Back Cinemas agrees that the rights granted hereunder do not constitute a lease of any portion of the Property or Concession Stand, nor create or vest in Kick Back Cinemas or the Kick Back Cinemas Parties a leasehold estate, easement, or anyotherrealproperty interestin or to anyportion of thePropertyor ConcessionStand. b) Needed Access. City shall provide to Kick Back Cinemas such identification,badges, tickets or passesrequiredfor entry into the Propertywhenbeingutilized for a City Eventfor thepurposeof permitting the Kick Back CinemaPartiesto have accessto andto operate the Concession Stand and to otherwise Hawk Concessions during the City Event. City shallalsoprovidefour( 4) complementaryticketsto Kick BackCinemasfor eachCity Event.

3. Permitted Activities. Subject to the terms and conditions set forth in this Agreement and all local, state and federal laws and regulations, Kick Back Cinemas shall use the ConcessionStandduring the Term of this Agreementsolely for the following purposes, andfor no otherpurposes, unlessagreedto in writing in advanceby City in its soleand absolutediscretion collectively, the " Permitted Activities"):
a) During City Events, the sale of Concessionsfrom the ConcessionStand, and the Hawking of Concessionson the Property, unless Hawking is otherwise restricted or prohibitedby theCity for specificCity Events;
b) During Third Party Events, the sale of Concessionsfrom the Concession Standandthe Hawking of Concessionson the Property, unlessHawking is otherwiserestrictedor prohibitedby theorganizerof theThird PartyEvent.

4. Term. The term of this Agreement will commence on October 1, 2021 at 7: 00 a. m., or upon the City' s issuance of a certificate of occupancy for Property ( including the Concession Stand)( the" Commencement Date") and will expire on December 31, 2022 at 11: 59 p. m. (" Termination Date"). The period between the Commencement Date and Termination Date shall be referred to collectively as the" Term."

5. exclusive Right to Sell.
a) At City Events. Subject to City' s reserved rights, during the Term, Kick Back Cinemas shall have the exclusive right to use the Concession Stand to sell Concessions and to Hawk Concessions( unless otherwise restricted or prohibited by City as provided in Section 3) 2 RIV# 4849- 3950- 2765 v5

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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations on the Property during City Events. At such times as Kick Back Cinemas is operating the Concession Stand during a City Event, and except as is expressly provided below, no Concessions ( as expressly defined in this Agreement) shall be sold or offered for sale by any other vendor on the Property. City reserves the right to permit other vendors to sell and offer for saleduring City Events, fountain or bottled soda, bottled drinks, bottled water, cookiesandchips only if offered as part of a meal combination and not as a single item sale) and any food or consumable items not included within the defmition of Concessions. Such vendors may include food trucks, local restaurants, caterers and similar vendors. b) Reservation of Rights in Event Service is Declined for City Event. In the event Kick Back Cinemas declines to, or is otherwise unable to, operate the Concession Stand and/or Hawk Concessions at a City Event as provided in Section 6, City reserves the right to contract with or otherwise retain the services of another concessionaire to operate the Concession Stand and to sell and Hawk Concessions during the City Event. In such event, Kick Back Cinemas shall have no right to payment from City or have any right to any of the revenues generatedfrom suchsalesatthat specificCity Event.
c) Third Party Events. Kick Back Cinemas may, but is not obligated to, and does not have any right ( exclusive or otherwise) to, operatethe ConcessionStand, to Hawk Concessionsor to provide cateringor otherfood andbeverageservicesat Third PartyEvents,but may do so by arrangement with the organizer of the Third Party Event and with the written permission of City. Cityreserves the right to make such arrangements with the organizer f any Third Party Event for Concessions, Hawking, catering or other food or beverage services as City and the organizer may agree upon.

6. Right of Refusal. The Parties agree that operation of the Concession Stand by Kick Back Cinemas at City Events is mutually beneficial to City and Kick Back Cinemas and as such Kick Back Cinemas shall make its best effort to operate the Concession Stand for City Events. Kick Back Cinemas shall be notified of booked City Events at least twenty( 20) days prior to the event. Kick Back Cinemas shall have the right to decline to open and operate the Concession Stand or to Hawk Concessions at any City Event which City anticipates will not draw at least 100 guestsper hour at the City Event.

7. License Fee. During the Term of the Agreement, Kick Back Cinemas shall pay to City a license fee (" License Fee") in the amount of 40% of the Net Receiptsfor eachCity Event and Third Party Event which Kick Back Cinemas operates the Concession Stand. Net Receipts shall be defined as Gross Sales Receipts of Kick Back Cinemas from all sources at the City Event minus the sum of sales tax, cost of goods, and a monthly internet connection for the Concession Stand not to exceed $200 per month, prorated per City Event per Month. An accounting of sales from each event, along with documented expenses and payment in U. S. dollars, shall be made within 30 days of the end of each event.

8. Right to Negotiate Product Prices with Third Party. Kickback Cinemas shall have a right to directly negotiatethe price of Concessionswith any Third Party of the Property sold during Third Party Events.

9. Exclusive Pepsi Beverage Agreement. During the Term of the Agreement, Kick Back Cinemas shall purchase soda products and other covered beveragesusing the City' s account code per the City' s Beverage Agreement with Pepsi Co., attached hereto as Exhibit C." Kick Back Cinemas is responsible for all payments of soda products utilized in the 3 RIV# 4849- 3950- 2765 v5

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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations Concession Stand. All rebates earned for sale of covered beverages made on the premises will be paid to City and Kick Back Cinemas shall not have claim to these funds. Kick Back Cinemas acknowledges that they have read and understand the terms of the Pepsi Beverage Agreement in Exhibit " C."
Initials

10. Health Permit. Kick Back Cinemas shall be responsible, at its sole expense, to obtainandmaintainavalid healthpermit for operationof the ConcessionStandduring theTerm of this Agreementasrequiredby RiversideCounty, including but not limited to, food handlerscards.

This expenseshall not be deductedasan expensefrom GrossSaleswhen determiningthe License Fee. Fees associated with plan check and construction of the Concession Stand will be the responsibility of the City.

11. Maintenance and Use of Concession Stand. Kick Back Cinemas agrees to maintain the Concession Stand in a neat and clean condition free of all debris, trash and refuse.

Kick Back Cinemas shall comply with all applicable laws, codes, ordinances, and other City requirements specific to the Permitted Activities, or affecting the cleanliness, safety, occupation, and use of the Concession Stand during the Term. Kick Back Cinemas covenants that no hazardous, toxic, flammable, or explosive material shall be permitted or released within the Concession Stand, as further set forth in this Agreement. Kick Back Cinemas shall not commit or suffer any nuisance upon or about the Concession Stand. In no event may Kick Back Cinemas conduct business other than as expressly provided in Section 3, above. Kick Back Cinemas shall be fmancially responsiblefor any damageor maintenancecostscausedby his/her negligence.

City shall be responsible for routine building maintenance. " Routine building maintenance" shall include, but not be limited to, structural repairs, plumbing and electrical repairs.

12. Cleaning Deposit. Upon execution of this Agreement by both Parties, Kick Back Cinemas shall either ( a) pay to City the amount of One Thousand Dollars ($ 1,000. 00) as a security and cleaning deposit (" Deposit"); or ( b) install within thirty ( 30) days inside of the Concession Stand permanent shelving, counters, and/ or equipment or other tenant improvements of equivalent value to the Deposit amount, all of which must be approved by the City in writing in advance of installation, and all of which shall be considered to be permanent fixtures to the Property (" Fixtures"). Upon expiration or termination of this Agreement. if Kick Back Cinemas fails to timely comply with Section 17 of this Agreement then City may use the Deposit, or any portion thereof, to pay for the removal of such personal property or equipment or for the cleaning and repair of the ConcessionStand. Any amount of the Deposit not used by the City shall be returned to Kick Back Cinemas. If no Deposit was made, or if such Deposit was not adequate to cover the cost of the cleaning or repair, then City may pursue such legal and equitable remedies against Kick Back Cinemas as are available to City.

13. Modifications to the Property. Kick Back Cinemas may not make any material or permanent modifications to the Concession Stand without the City' s prior written approval, which City may give or withhold in its sole and absolute discretion. If approved, all work undertaken by Kick Back Cinemas or its contractors, subcontractors and other agents in connection with the modifications shall be undertaken and completed in a good and workmanlike manner by professional, licensed and qualified personnel and contractors. Any fixtures installed by Kick Back Cinemas that cannot be removed without damage to the Property, or that remain on the Property after the expiration or earlier termination of this Agreement shall, at City' s option and without payment or other compensation to Kick Back Cinemas, become the sole property of 4 RIV# 4849- 3950- 2765 v5

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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations City upon such expiration or termination. Any non-affixed equipment and all furnishings shall be retrieved by Kick Back Cinemasat the end of the Term and Kick Back Cinemasshall fully repair any damage caused by such removal.

14. Provided Equipment.
a) City shall provide at its own expense, within the Concession Stand for use by Kick BackCinemasthefollowing: anice machine,PepsiSodaTowers,power plugs, electricity, internet service, water, hot water, sewer, restroom, and menu board signage. b) Kick Back Cinemas shall provide at its own expense, point of sale terminals, needed interior shelving and tables, hot dog grills, microwave oven or portable convection oven, popcorn popper, cheesemachines, condiment dispensers, and any other needed equipment that may be usedto sell Concessionsnot identified in subsection( a) above.

15. Maintenance of Eauinment. During the Term of the Agreement Kick Back Cinemas shall be responsible for maintaining and cleaning of City' s equipment in the Concession Stand.

16. Utilities. The cost of all utilities will remain the responsibility of City.

17. Surrender; Obligation to Remove Personal Property. Upon the expiration or earlier termination of this Agreement, Kick Back Cinemas shall surrender the Agreement to City and return possession of the Property to City in substantially the same condition as it exists on the Effective Date. Kick Back Cinemas shall also be responsible for removing any and all personal propertyor equipment belon ing to Kick Back Cinemas and to leave Concession Stand in a neat and clean condition.

18. Insurance. From and after the Commencement Date, and continuing thereafter until the expiration or sooner termination of the Term, Kick Back Cinemas shall carry and maintain, at its sole cost and expense, the following types of insurance in the amounts specified and, in the form hereinafter provided for:
a) Commercial or comprehensive general liability insurance ( including bodily injury and property damage) in an amount of not less than a single limit per occurrence of One Million Dollars($ 1, 000, 000) and One Million Dollars ($ 1,000,000) aggregate, insuring City and its principals, officers, employees, agents, contractors, lenders, and insurers ( collectively, City Parties") against any and all loss and liability arising out of Kick Back Cinemas' or the Kick Back Cinemas Parties' use of the Concession Stand. b) Workers' compensation for Kick Back Cinemas' employees in the amount required by law.
c) Any other form of insurance for risks and/or perils against which a prudent person would protect itself and as are customarily obtained by Cities of similar operations in the State of California, including fire and casualty insurance, and/or increases in the amounts of coverage under any or all of the liability or other insurance policies carried by Kick Back Cinemas to the extent commercially reasonable and typically obtained by Cities of similar operations.
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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations d) As an express condition precedent to Kick Back Cinemas' first use of the Concession Stand for any purpose, Kick Back Cinemas shall furnish to City properly executed certificates of insurance and endorsements to those policies as required herein, and copies of its policies of insurance. Such policies shall clearly evidence all coverage required of Kick Back Cinemas and hereunder shall have commercially reasonable deductibles and shall provide that such insuranceshall not be materially changed, terminated or allowed to expire at any time during the Term. All policies obtained by Kick Back Cinemas must be primary and non- contributing with any policies that City may elect to obtain and must contain waiver of subrogation provisions acceptable to City. All policies required hereunder must be endorsed to name City and the City Parties as additional insureds and copies of those endorsements must be provided to City. All policies shall be issued by insurers qualified to do business in the State of California whose financial strength is acceptable to City in its reasonable discretion and shall be in a form reasonably satisfactory to City.
e) Kick Back Cinemas acknowledges that neither it nor any of the Kick Back CinemasPartieswill be subjectto coverageunder anypolicy of insurancethat City may elect(in its sole and absolute discretion) to obtain.

19. Indemnification.
a) General Indemnification. Except to the extent attributable to City' s sole gross negligence or willful misconduct, City shall not be liable to Kick Back Cinemas or Kick Back Cinemas Parties for any damage to Kick Back Cinemas or Kick Back Cinemas Parties ( or to Kick Back Cinemas' or the Kick Back Cinemas Parties' property) from any cause whatsoever, including, without limitation, theft, mysterious disappearance, rodents, vermin and acts of God.

Kick Back Cinemas and Kick Back Cinemas Parties shall jointly and severably indemnify, protect, defendand hold harmlessthe Property, ConcessionStand, City or City Partiesfrom and against any and all actual or alleged claims, and/or damages, liens, judgments, penalties, attorneys' and consultants' fees, expensesand/or liabilities arising out of, involving, or in connection with, a Kick Back Cinemas Default or the use and/or occupancy of the Concession Stand by Kick Back Cinemas or the Kick Back Cinemas Parties or any act or omission of Kick Back Cinemas or the Kick Back Cinemas Parties. If any action or proceeding is brought against City or City Parties by reason of any of the foregoing matters, Kick Back Cinemas shall, upon notice, defendthe sameat Kick Back Cinemas' sole expenseby counselreasonablysatisfactory to City. The indemnification provided for in this Section shall survive the expiration or termination of the Agreement granted herein as to matters occurring or accruing during the Term or by reason of Kick Back Cinemas' or the Kick Back Cinemas' Parties' occupancy or use of the Property.

20. Compliance with Applicable Laws. Rules. and Regulations. Kick Back Cinemas represents, warrants, and agrees that it shall use and occupy the Concession Stand in compliance with all applicable laws, statutes, ordinances, rules, regulations, orders and requirements in effect during the Term, or any part of the Term hereof, which regulate use or occupancy by Kick Back Cinemas of the Concession Stand or the conduct of the Permitted Activities. Kick Back Cinemas represents, warrants, and agrees that it and the Kick Back Cinemas Parties shall use and occupy the Concession Stand in compliance with all applicable Environmental Laws ( defined below). Kick Back Cinemas further warrants and agrees that it shall remediate and clean, to the extent required by Environmental Laws, applicable to its or the Kick Back Cinemas Parties' use of the Concession Stand, any spills or releases of Hazardous 6 RN# 4849- 3950- 2765 v5

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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations Substances ( defined below), to the extent caused or contributed to by Kick Back Cinemas, or the Kick Back Cinemas Parties, or their respective agents, Kick Back Cinemas, invitees, and successorsand assigns' use or occupancy of the Concession Stand. a) " Environmental Laws" shall mean all federal, state, local, or municipal laws, rules, orders, regulations, statutes, ordinances, codes, decrees, or requirementsof any government authority regulating, relating to, or imposing liability or standardsof conduct concerning any Hazardous Substance ( as hereinafter defined), or pertaining to occupational health or industrial hygiene (and only to the extent that the occupationalhealth or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Concession Stand), occupational or environmental conditions on, under, or about the Concession Stand, as now or may at any later time be in effect, including without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (" CERCLA") 42 U. S. C. A §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (" RCRA") 42 U. S. C. A §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (" FWPCA") [ 33 U. S. C. A §§ 1251 et seq.]; the Toxic Substances Control Act TSCA") [ 15 U. S. C. A §& 2601 et seq.]; the Federal Insecticide, Fungicide, Rodenticide Act [ 7 U. S. C. A §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [ 42 U. S. C. A &§ 9601 et seq.]; the Clean Air Act [ 42 U. S. C. A §§ 7401 et seq.]; the Safe Drinking Water Act [ 42 U. S. C. A && 300f et seq.]; the Solid Waste Disposal Act [ 42 U. S. C. A §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [ 30 U. S. C. A && 1201 et seq.]; the Emergency Planning and Community Right- to- Know Act [ 42 U. S.C. A §§ 11001 et seq.]; the Occupational Safety and Health Act [ 29 U. S. C. A && 655 and 657]; the California Underground Storage of Hazardous Substances Act [ Health & Saf. Code §§ 25280 et seq.]; the California Hazardous Substances Account Act [ Health& Saf. Code §§ 25300 et seq.]; the California Hazardous Waste Control Act [ Health & Saf. Code &§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [ Health & Saf. Code §§ 25249. 5 et seq.]; the Porter- Cologne Water Quality Act [ Wat. Code §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above and any other federal, state, or local law, statute, ordinance, or regulation now in effect or later enacted that pertains to occupational health or industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations relate to Hazardous Substances on, under, or about the Concession Stand, or the regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface water, or land use.
b) " Hazardous Substances" shall mean and include ( a) those substances included within the definitions of " hazardous substance," " hazardous waste," " hazardous material," " toxic substance," " solid waste," or " pollutant or contaminant" in CERCLA, RCRA, TSCA, or under any other Environmental Law; ( b) those substances listed in the United States Department of Transportation ( DOT) Table [ 49 C. F. R. 172. 101], or by the Environmental Protection Agency ( EPA), or any successor agency, as hazardous substances [40 C.F.R. Part 302]; ( c) other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state, or local laws or regulations; and (d) any material, waste, or substance that is ( i) a petroleum or refined petroleum product, ( ii) asbestos, iii) polychlorinated biphenyl, ( iv) designated as a hazardous substance pursuant to 33 U. S. C. A § 1321 or listed pursuant to 33 U. S. C. A § 1317, ( v) a flammable explosive, or ( vi) a radioactive material.
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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations

21. Events of Default: Termination. The material breach of any provision of this Agreement by Kick Back Cinemas shall constitute a default and material breach of this Agreement (" Default"). In the event of a Default by Kick Back Cinemas, City ( in addition to any other remedies available at law or in equity), at its option, and without further notice to Kick Back Cinemas, shall have the right to ( i) terminate the Agreement and all rights of Kick Back Cinemas in or to the Property; ( ii) take full possession of the Property; and ( iii) remove all of Kick Back Cinemas' equipment, facilities and other personal property from City' s Property and either deliver the same at Kick Back Cinemas' cost or place it in storage for Kick Back Cinemas' account and give Kick Back Cinemas notice of the location of the same. In such event, neither Party shall have any further rights or obligations hereunder.

22. Non- Assignment. This Agreement shall not be assigned or otherwise transferred by Kick Back Cinemas, nor may any portion of the Property sublicensed by Kick Back Cinemas, without City' sprior written approval,which City may withhold in its soleandabsolutediscretion.

23. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be sent by: ( a) certified or registered mail, postage prepaid, return receipt requested, (b) personal delivery, or ( c) a recognized overnight carrier that provides proof of delivery, and shall be addressedas follows:

If to City : If to Kick Back Cinemas:

City of Cathedral City Kick Back Cinemas Cathedral City, LLC Attn: City Kick Back Cinemas Attn: Damon Rubio
68- 700 Avenida Lalo Guerrero 354 Rimhurst Court
Cathedral Ci CA 92234 Oceanside, CA 92058City,
Notices shall be deemed effective upon receipt or rejection only.

24. No Recordation. This Agreement may not be recorded.

25. Severability. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid, illegal, or unenforceable, then such portion shall be deemed severed from this Agreement and the Parties shall negotiate in good faith to modify this Agreement to fulfill as closely aspossible the original intent and purpose of this Agreement.

26. Entire Agreement: Amendment. This Agreement contains the entire agreement between the Parties with respect to the subject matter herein and supersedes any and all prior or contemporaneous negotiations, correspondence, or oral or written agreements between the Parties. No supplement, amendment, or modification of any provision of this Agreement shall be effective unless it is in writing and executed by both Parties.

27. Independent Contractor. In the operation of the Concession Stand granted by this Agreement, Kick Back Cinemas is an independent contractor and is not an agent or employee of City. Kick Back Cinemas, its officers, employees, agents, and subcontractors, if any, shall have no power to bind or commit City to any decision or course of action, and shall not represent to any person or business that they have such power. Kick Back Cinemas has and shall retain the right to exercise full control of the supervision of the services and over the employment, direction, compensation and discharge of all persons assisting Kick Back Cinemas 8 RN# 4849- 3950- 2765 v5

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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations in the performance of this Agreement. Kick Back Cinemas shall be solely responsible for all mattersrelating to the paymentof its employees, including compliancewith social security and income tax withholding, worker' s compensation insurance and all other regulations governing such matters.

28. Records and Audits. Kick Back Cinemas shall permit City and its authorized representatives to inspect and examine Kick Back Cinemas' books, records, accounts, and any and all data relevant to this Agreement at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Kick Back Cinemas pursuant to this Agreement and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and dataduring the three (3) year period following the termination of this Agreement and Kick Back Cinemas shall in no event dispose of, destroy, alter or mutilate said books, records, accounts and data in any manner whatsoever for three ( 3) years after the termination of this Agreement.

29. Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same Agreement.

30. Governing Law. This Agreement shall be governed by and construed in accordance with the procedural and substantive laws of the State of California, without regard to its conflicts of laws principles. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venueshall lie exclusivelyin theCentralDistrict of California, in Riverside.

31. Attorneys' Fees. In the event of a suit by either Party against the other arising out of this Agreement, the prevailing Party shall be entitled to recover from the other Party all reasonable costs and expenses of suit, including attorneys' fees and the fees of other professionals.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY": KICK BACK CINEMAS":

City o Ca al C' , Kick Back Cinem. athedral City, LLC By qk ._; . A By:

Ah_
A
Charles P. McClendon Name:

City Manager Its: ; .' f r1
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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations EXHIBIT " A"

DEPICTION OF PROPERTY
Cathedral City Community Amphitheater
68-526 Avenida Lalo Guerrero, Cathedral City, CA 92234
Located on the Northeast corner of Cathedral Canyon drive and Avenida Lalo Guerrero z•,
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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations EXHIBIT " B"

CONCESSION STAND AREA
Concession Stand located within the Cathedral City Community Amphitheater located at 68-526 Avenida Lalo Guerrero, Cathedral City, CA 92234
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Attachment: Concessionaire Agreement - Exhibit E of Agreement (3214 : Contract for Services Extension for Locations Unlimited and Locations EXHIBIT" C"

PEPSI BEVERAGE AGREEMENT

PEPSI BEVERAGES COMPANY

BEVERAGE SALES AGREEMENT
Thissetsforththeagreement("Agreement')betweenBottlingGroup,LLC,aDelawarelimited liabilitycompany,anditsaffiliatesand/orrespectivesubsidiariescollectivelycomprisingPepsiBeveragesCompanywithanofficelocatedat6659SycamoreCanyonBlvd., Riverside, CA 92507("Pepsi")andCathedralCity,withitsprincipalplaceofbusinessat68700AvenueLalo Guerrero, CathedralCity, CA92234onitsownbehalf,onbehalfofitsaffiliate+andwholly- ownedsubsidiaries, andon behalfof its individualfranchiseesandlicensees, if any (theCustoms'". Thesupportdescribedbelowis in lieu of anyotherdiscounts, allowancesor rebatesto whichtheCustomermightotherwisebeentitledfromtimeto time. Whenfully executed,thisAgreementwill constituteabindingobligationof bothpartiesuntilexpirationor termination.PepsiandCustomeraresometimeshereinafterindividuallyreferredtoas"Party"orhereinaftercollectivelyreferredto asthe" Parties." Definitions
As usedin this Agreement, the followingcapitalizedtermshavetherespectivemeanings assigned thereto below.

Beverage" or "Beverages" meansall carbonatedandnon-carbonated, non-alcoholicdrinks, howeverdispensedduringtheTermof theAgreement. "Beverage" or"Beverages"excludes bottledwater,alcoholicbeveragesandcannabisinfusedbeverages.

Cases"meanscasesofPackagedProducts (asdefinedherein)purchasedbyCustomerfrom PepsiduringtheTerm,initiallydeliveredinquantitiesof24plasticbottles,aluminumcans,glass bottles(orequalized24packcases,e.g.,two12-packcases),eight2-literplasticbottles,orsuch othersize,quantityandtypeof containersasPepsimaymakeavailablefromtimetotimeduringthe Term.

CompetitiveProduce" meansanyandall BeveragesotherthantheProducts.

Equipment'meansequipmentloanedbyPepsitoCustomertodispense,storeorcoolProducts asdefinedbelow),asmorefully describedfn Section4 herein.

Gallons"meansgallonsofthePoatmnrProductspurchasedbyCustomerfromPepsiduringthe Term.

Outlets"meansexisting, futureandafter-acquired(providednotalreadyunderapre-existing beverageagreementwithPepsi) outletsowned, operated, managed, leasedorfranchisedby CustomerundertheCathedralCitytrademark[s]aslistedinattachedExhibitA(andanyrelated or similartrademarks, includinganysuccessortrademarks) includingtheparkinggaragesor otherCustomer-owned/controlled/operatedsurroundingareaslocatedatorwithinthosefacilities andshallincludeanyoutletorotherfacilityin Customer's systemthatmaybeopenedor acquiredbyCustomernoworinthefuture,includingunderdifferentconceptand/ortrademark duringtheTerm.ThisexcludesbeverageswithinCityHall,andCityparkpropertiesorfacilities, 6575- 1
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unless the Partiesmutually agreeto identify additional Outlets inanupdated Exhibit A.

Ibckllgal hotl uctY" means Beverages that are sold or distrDutcd by Pepsi in pre- packaged form( eg.,bottles and cans).A currattlist of Pepsi'sPackagedProduclll islisted in attached Exhibit B which maybeamended by Pepsifrom time to time.

Postalix Protbu: is" means Beverages 901d 11J1d/ordistrbuted by Pepsiand used to create and prepare fountain beverages, frozen carlxmated ornon- carbonated beverages. A current list of Pepsi's Postmix Products is listed in attached Exhibit B which may be amended by Pepsi from time to time.

Prodllcls" means Postmix Products, and Packaged Products.

Ynr(a)" means each 12-month period during the Term commencing on the first day of the Term or an anniversary thrreot:

L 111II
1 hctermofthisAgreementwillcommenceonDecemberIS, 2019andthetmmwillexpireupon the later of five( S) Ycrs or at such time as Customer' s collective purchases ofProducu meets or exceedsa volume threshold( the"' ibhuru 7'hm/UJII')of 12,250 Cases( the" Tmty or if terminated pursuant to Section 6( B) o fthis Agreement. Thus, inthe event the VolumeThreshold isnotmetonorbeforethe dateindicatedabove,thenthe Tmn will automatically extendforthe periodoftime nccessary until theVolumeThresholdhasbeen met(the'AuttHlUlticExtmsionj.

Exceptforapplicable Rebates,which maybeeamedduringtheAutomaticExtension,Pepsiwil I not provide anyotherfundingtoCustomer.

2. Performance
This Agreement,includingall of Pepsi'ssupporttoCustomerasdesciil>edbelow.iscontingent upon Customer complying, throughout the Term, with all of the following perfonnance criteria:

A) Exdusivity. Pepsi is the exclusive Beverage supplier to Customer' s Outlets. Customer aiJ:eestotakeallnecessarystepsto ensurethattheProducts aretheexclusiveBeveragesof their respective types sold, dispensed or otherwise made available, or in any way advertised, displayed, representedor promoted at or in connection with the Outletsby my method or throughany medium whatsoever ('including without limitation print, broadcast, direct mail, coupons, handbills, displays and signage), whether public orprivate. The Outlets will not aerve, dispense or otherwise make available or permit the availability of or in any way advertise, display,representorpromote, Beverageproducts licensedby,or produced by bottlers 1icemed by, The Coca- Cola Company or any affiliate thereof, or any other supplier of Competitive Products.

B) Purchase of Produds. Customer agrees to purchase, and require its Outlets and purcbaaingrepresentatives topurchase, Beverage Products exclusively and directly from Pepsi. 6S1S- 1
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C) Fountain Products. Customer agreesto use the Poslmix Products for use inpreparing the fountain beverage products( the' F' ounlldn Pro" 11 cts).( i) in accordance with the standards established by Pepsi and( n)only for immediateor imminent consumption; Customeragreesnot toresellthePostmix Productseitherto I!Ollaffiliated outlets or to consumersin anyform other than theFountain Products.
ct Andllary Product. Customer agrees to purchase, and require its purchasing representatives to purchase all their respective rcquirem. cnts for carbon dioxide and bnmdcd disposablecups\.A.ncilltuyProdllcd9exclusively ftom Pepsi.

E) Advertising Rigtts. Pepsi may advertise and promote its Products in and with respectto Custom.erandits Outletsuponmutually agreedto termsandconditions. Inaddition, Customer mustdisplay appropriatebrand identification for eachProduct servedon allmenus(including catering and digital), menu boards and postmix dispensing valves at each of the Outlets throughout the Term.

F) Changes hi Outlet(). Customer will promptly notify Pepsi, inwriting, of any Outlet which isclosed, soldor otherwise disposedofdwing the Tennsothat thePartiesmay promptly update Elllbit A.

G) Product Mn; Minimum SKU' Brud Requirement. Customer must mandate the distribution of a minimum core assortmentof Products, including a mix of both Postmix Products mid PackagedProducts at eachofthe OutletsthroughouttheTenn,asidentified by Pepsi. based on F.quipment type atthe Outlets.

H) Realrictionl for Products. The Parties recognize and agree that there are certain additional territorial restrictions that pertain to the purchase and resale of the Products. To the extentanyprospectiveOutlet(s)arebcatedoutsidetheterritories servicedby Pepsi,thenPepsi may, upon request by the Customer, use commercially reasonable efforts to fiu: ilitatc an agreementbetweenthePepsi-Colabottler servicingthe applicableterritory andtheCustomer with tamsflUbstantially similar tothetermsof thisAgreement. Fwthermore,Customeragrees not to disM'bule or resell theProducts,directly cr indirectly, outsidethe territories serviced by Pepsiandshallcauseitspurohasingrepresentativetoabidebysuchterritorialrest fictions.

3. Funding
Provided Customer is not in breach of this Agreement, Pepsi agrees to provide Customer with thefundingdescribedbelow.

A) Annual Sponaonhip Support Fundi. Pepsi agrees to provide Customer with annual sponsorshipsupportfunds inthe 11D1OUDtof SevenThousandUS Dollars($ 7,000),payableto Customerwithin ninety( 90)daysafterthelater of( i) thefirst dayof the Term or(} thesigning of this Agreement by both Parties( the ". A. nnulll Sponsorship Support Frutb'). The Annual Sponsorship Support Fllllds areearnedby Customerover theTmn andmay be iacreasedto include additional Outlets acquiredby Customer. In the event of early termination for any reasonothel" than anuncuredmaterial breach by Pepsipursuantto Section6(A) herein, the 6575- 1
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unearned Annual SponsorshipSupportFunds will berepaidto Pepsipursuanttothetermsof Section 6(B)n herein. The funds will used to sponsor the following events listed.$ 1,000- Cathedral City Hot Air Balloon Festival, $ 1000- North Pole Mllage at Snow Fest,$ 11)00- Movies in the Park, S1,000- Taste of Jalisc.o Festival,$ 1,000• Cathedral City LGBT Days, 1000- EasterKidapalooza,$ 1,000- East Palm Canyon BannerProgram.

B) Marketing Support. Each Year during the Term, Pepsi will provide Customer with marketing support, valued et up to Two Thousand Five HUDdred US Dollars ($ 2,500) C'Markding Support). The Marketing Supportwill be usedand spentby Pepsitopay for umbrellas and ice barrels,asmutually agreedtoby theParties.Customeracknowledgesand agreesthat unused Marketing Supportin anyYcarwill notbecarriedoverto asubsequentYear andwill notbe redeemable for a cashpayment.

C) Rebates. Each Year throughout the Tenn, Pepsi agrees to calculate the total number of eligible Casesand Gallons purchasedby each of the applicable Outlets from Pepsi purBU8Dt to this Agreement, and willprovide Customer with rebates calculated based on applicable rates set forth below( the" RelHltd). The Rebates, as applicable, will be paid by Pepsi within sixty( 60) days after the end of eachYear. The Parties agree that Pepsi will notaccrue orpay any Rebates for sales to Outlets that are in breach of the Performance Recuiremerts listed in Section 2 above. to""... I
yu@ble Products- .

2. 00/ Gallon All Postmix. PrUducts, Crush, Dr Pepper,El Nino and Lipton leed Tea

2. 00/ Case** ; All CSDs as noted in Emibit B
Thefollowing YrOdUCtS area.eludedfromRebates:12and24oz.CSDs,169Aquafina 24- pk or uivalent( e.g., two( 2) 12.pk)
D) Commfssion1Pepsi shall provide Customer with commissions, as a percentage of the actualcashC'Clllh krbag'or"CIB')collectedbyPepsifromtheVendingMachinesplacedat the Outlets, less any applicable government-imposedtaxes/fees and deposits, as applicable C' Co.,,, lnions"). Such Commissions shall be at the rate( s) set forth below( the" Comrnmum t//) and shall be calculated as follows:

CIB* Comminion Rate)- applicable CRV- Commission due
Pr01ua bUdal 1' adl' i ke* RA U**
All 20oz.. r@,, rateCSDs 3.00 . . 35%
20 oz. Gatorade 3{) 0 3S%
20 oz. Aquafina 300 35%
PcpSi shall havethe right to increase ven I pnces my', 1. meac o ' ears t roug .

Commission Rates and Vend Prices for new Product will bemutually agreeduponby Pepsi t. a in ri 06. iston- zer
1) Commissions Payment. Pepsi shall pay Commissions to the Customer within thirty( 30) days ofthe end of each 4- weck accounting period established by Pepsi. Pepsi shall makeall pertinentrevenueandsalesrecordsrespectingthe Vending Machines 6575- 1
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availableto Customer. Customer agrees that it isresponsible forreviewing such rccotds andthatanyclaimordisputerelatingtothe Commissionsmustbebrou& ht by Customer in writing within one( 1) year of the date such Commissions payment is due. Customer further acknowledges andagreesthat it shall not receive any Commissions payment from Pepsi ifCommissions failto reach acertain threshold amountperperiod orquarter. The current threshold amounts are$ 50per four- week period or$ 75 per quarter. The threshold may berevised by Pepsi from time to time.
2) Change to Commission RaW/ Formula. Customer agrees that Pepsi shall have the right to change the Commission Rate and/ or its formula/ method for calculating Commissions asmay be required by applicable laws or asreasonablynecessaryto respond to legislative acts in order thattheCommissionRateremains costneutral. 3) Vend Price. The initial vend prices and minimum scheduled incmi. ses that are necessary for Customertoqualify for anyCommissionsaresetforthin theCommission chart above. Customer acknowledges that Pepsi has the right to pass through any incremental fees, deposits, taxes or other governmentally imposed charges( whether local, state,federal orjudicially imposed on manufacturers, distributors, CODSUIIICIIIor otherwise). Thepass-through of any suchgovenmmntally imposed fees, deposits, taxes or chargesonthe Productswill be in additionto anyacheduledVend Pricesincreases set forth herein ornotification restrictions that may be specified in this Agreement.

4. Euuinment and Service
A) Equipment. Pepsi will loan to the Customer, at no charge, appropriate Equipment for dispensing the Products at the Outlets. Customer agrees that the Equipment will be allusively usedtodisplayandmerchandisetheProductsasreasonablydeterminedby Pepsi,andsubjectto applicable local law, n] l.eorregulation. Customer willmt useth eEquipment to display, stock, advertise,sell or maintain anyotherproducts(includingontheexteriorofthe Equipment). Title to such Equipment will remain vested in Pepsi or its affiliate and Customer will return all Equipment to Pepsi upon expiration or earlier termination of this Agreement. At Pepsi' srequest, Customer will provide Pepsi with a written Equipment verification list indicating the 888Ct number, Equipment type and location of the Equipment loaned to Customer pursuant to this Agreement. To the extent that future technology enhancements, equipment platfonns or products to support these platfurms arc substantially different in scope or composition COl DparM to existing cquipmc: Ut components and products, Pepsi and Customer will work ingood faith to negotiate the economic teims for implementation ofthe new technology equipment.

B) Vending Machinet. With respect to the vending machine Equipment placed at the Outlets(the" VaulbtgMachina'), Pepsiwill havetheadditional responsibility for( i) stocking theVending MachineswiththeProducts and(ii) collecting, for itsown account,all cashmonies from the Veruling Machines and for all related accounting for collected monies. Customer agreesto provide reasonable assistance to Pepsi in apprehending and prosecuting vandals. Pepsi shall not be obligated to pay Commissions on docmnented revenue 1088esresulting from vandalism ortheft of Product with respect to any Vending Machines. Pepsi shall not be asl ICSsed common area maintenance fees, taxes or other charges based on its occupation of the space 116575- I
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allocated to its Equipment attheOutlets.

C) Senice. Pepsi will provide, at DO charge to Customer, preventative maintenance and service to the Equipment. Pepsi will also provide Customer with a telephone number to request emergencyrepairs and receivetechnicalassistancerelatedtothe F.qupmentafter businesshours.

Pepsi will promptlyrespondto eachCustomer request,andwill usereasonableefforaito remedy the related Equipment problem as soon as poSSIble, however because delays in service may be causedbyfactorswell outsideofPepsi'scontrol, Pepsi'sscrvic:crecord will bemeasuml inthe aggregate such that an isolated failure isnot amaterial breachofthe Agrec: m.ent.

5. Customer Will purchase, and will require that any third parties or purchasing representative for the Outlets to purchase, Products and Ancillary Products directly and exclusively from Pepsi pursuant to the pricing and terms and conditions set forth herein. The initial pricing schedule for Products is set forth on attached Ellibit B, which may be changed by Pepsi from time to time during the Term. Pepsi will be entitled to pass-through any incremental fees, deposits, taxes or othergovernmentally imposedcharges(whethertical, state, federal orjudicially imposedon manuftictures, distributors, consumers or otherwise). The pass-through of any such governmentally imposed fees, deposits, taxes or charges on the Products will not be subject to anypricingcap ornotificationrestrictionsthat maybespecifiedinthis Agreement

6. GeneralTen rrl
A) Terminadon for Default. Either Party may terminate this Agreement if the other commits a material breach of this Agreement; provided, however, that the taminating Party has given the other Partywritten notice of the breach and the other Partyhas failed to n: mcdyor cun:
the breachwithin thirty( 30) daysof suchuoticc. Iffor anyreasonCustomer closesoneor more Outlets or ifone or more Outlets breaches the Agreement, then Pepsi shall have the option, in lieu of termination of the entire Agreement, to( i) adjust Funding in Section 3 commensurate with the projected decline involume; % tenninate the Agreement only as it pertains to the sold, closed or brcacbing Outlet(s);. mid( iii) obtain an equitable reimbursement for the portions of Fuoding and other cosbi athibutable to such sold, closed or breaching Outlet(s). Notwithstanding theforegoing,thisparagraphwill notapply to seasonal Outlet dosureswith Pepsiprior written approval,such approval not to beunreasonably withheld.

Remedies. If the Tenn of this Agreement is terminated early for any reason other than an uncured material breach by Pepsi pursuant to subsection( A) above, the Customerwill surrender to Pepsi all Equipment provided by Pepsi and will forfeit all Funding not paid ss of the date of termination. Inaddtion, without prejudice to any other right or remedy available to Pepsi, Pepsi will have lhc right to immediately acck reimbursement from Customer and the Outlets for the following:
1) An amount reflecting reimbursement for all Fundingpreviously advancedby Pepsi but notearnedby Customerpursuant to thetermsof this Agreement. With regard to the Annual Sponsorship Support Funds, if any, the amount of such reimbursement will 0575- 1
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be the result of multiplying. the Animal SponsorshipSupportFundsbyafraction, the numerator of which is the numbec of months remaining in the Year in which the Agreement is terminated at the time such termination occurs and the denominator of whichis 12 ( twelve);
2) An amount reflecting reimbursementfor the cost of installation, serviceand refurbishing of Equipment provided during the Term and the cost of removal of all F. quipment that has beeninstalled inthe Outlets, as applicable; and 3) An amount as liquidated damages, for lost sales suffered by Pepsi as a resuh of such termination, equal to the sum of:( a) the product of$ 7 multiplied by the projected number of Gallons of Poshnix Prodicts that Customer would have been expected to purchase during the remainder of the Term based on the Volume Threshold and Customer' saverage annualized purchase rate and( b) theproduct of$ 10multiplied by the projected number of 24-pk case equivalents of Packaged Products that Customer would have been expected to purchase during the remainder of the Term based on the Volume Threshold and Customer' saverage annnaliud purchase rate.

C) Expiration. Upon expiration of this Agreement. if Customer has not entered into a further agreement with Pepsi for the purchase ofthe Products, Customer will summer to Pepsi all Equipment installed inthe Outlets.

D) Rpt of Offset. Pepsi reserves the right to withhold payments due hereunder as an offilet againstamountsnot paid by Customeror its Outlets for Products ordered from and deliveredbyPepsiandanyandall balancesdueandpayableto Pepsipursuanttothis.Agrccment.

E) Non- Disclosure. Except as may otherwise be required by law or legal process or as reasonablynecessaryfor eitherPartytoenforceitsrightshereunder,neitherPartywill discloseto UDI' Cllated third parties the terms and conditions of this Agreement without the consent of the other.

F) Alignment. Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned or otherwise transferred by either Party( whether by operation of law orothmwise) without the prior written consent of the other Party,provided, however, that Pepsi may assignand transferthis Agreement (in whole and not in part) to an affiliate without the coment of Customer hcRto ifsuch affiliate is( a) capable of fully performing all obligations of the assignor hereunder and( b) agrees, inwriting to perform all of the obligations and assumeall liabilities of the assignor hereunder. In the event that a third party acquires Customer or substantiallyall OutletsorifCustomer isacquiredor mergeswith athird party,Customerwill, in connectionwith suchtransaction,causethe acquiring party/magedentity, in writing, to ratify this Agreement and assume all of the obligations of Customer hereunder. In the event that Customer does not deliver written evidence of such ratification and assumption of this Agreementby theacquiring party or mergedentity within ten( 10)daysfollowing theclosingof the transaction. Customer will be in breach of this Agreement and Pepsi may, at its option, terminate this Agreementeffective immediately and Customer will pay to Pepsi all sums specified inSection 6( B) herein.
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G) Governing Law. The laws of the stateof California govern all matters arisingout of this Agreement.

H) Price Dthepancy. Any price discrepancy claim mustbe submitted t.o Pepsi within 36S daysofthe dateof the invoicein question. If Customermakesaprice discrepancyclaim within 90 days of the invoice date, Customer must submit a written request the particular Product, amount in dispute andreason forthe dispute. This request should be addressed to:

Accounts Receivable
Pepsi- Cola Customer Service Center
P. O. Box 10
Winston- Salem, North Carolina 27102
If Customermakesaprice discrepancyclaim from 91to 365 daysafterthe dateof invoice, in addition to the written request as specified above, Customer mnst submit to Pepsi acopy ofthe invoice inquestion,copiesof anycheckremittancespursuanttotheinvoice in questionand any additionalsupportingdocumentation.
1) Tu. Neither Pepsinor its affiliates will be responsiblefor any taxespayable,feesor other tax liability incurred by Customer in connection with the consideration or any other fees payableby Pepsi under this Agreement. IfPepsi ischarged common areamaintenanoc fees, taxes or other charges related to Pepsi' s occupation of the space allocated to its Equipment at the Outlets, Pepsi may makeanadjustmenttotheconsiderationprovided inSection4abovetooffset for such costs.

J) Force Majeure. Pepsiwilloot beresponsiblefor anydelay or lack ofdelivezy resulting directly or indirectly from any foreignor domestic embargo,productdetention, seizure,actof God, insurrection, war and/ or continwmcc of war, the passage or enactment of any law ordinaru: e, regulation, ruling, or order interfering directly or indirectly with or rendering more burdensome the purchase, production, delivery orpayment hereunder, including the lack ofthe usual means of transportation due to fire, flood, explosion, riot, strike or other acts ofnature or manthatarebeyondthe controlofPepsi orthatofthe suppliersto Pepsiunlesssuchcontingency is specifically excludedin anotherpartofth is Agreement. Subjectt.otheprovisionsbelow, this Agreement will be suspended as to both Product and delivery during any of the above force majeure contingencies. Any and all suspended deliveries will resume after such contingencies cease to exist, ifpossble, and this Agreement will resume in accordance wth its terms, unless otherwiseprovided for herein.

K) Waiver. No failure or delay of either Party to exercise any rigbm or remedies under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any rights or remedies preclude any further or other exercise of the same or anyother rights or remedies.

Any waiver must be in writing and signedby the Party waiving therights.

L) Relationship of theParties. ThePartiesareindependentcontractorswith respectto eachother.Nothing containedinthisAgreementcreatesajointventurepartnershipbetweenthe 6575- 1
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Parties.

M) Conll roction. CUstomer and Pepsi acknowledge that both Parties participated equally in the negotiation of this Agreement and that, accordingly, in intapret: ing this Agrmrumt, no weight shall be placed upon which Party hereto or its counseldrafted the provision being interpreted.

N) Notices. Any notice which either Party is respired or permitted 1D give herewider will be in writing, signed by the notifying Party and will be either delivery by hand or nationally- recognized overnight courier service or deposited in the United States mail, certified or registered mail, return receipt requested, postage paid, addressed 88 follows: If tn Customer, 1D the name and address set furth inthe preamble herein. If to Pepsi, to the name and address set forth in the preamble herein, with a copy thereof ID: PepsiBeverages Company, 1111 Westchester Avenue, White Plains, NY 10604, Attention: Law Department or to such addresses 88the Partiesmay subsequentlyprovide inwriting. Notice will be deemedto havebeen given when delivered by hand or nationally recognized overnight courier service, or when received as evidenced by the retum receipt. orthedate suchnoticeisfirst refused, ifthatbethe case. 0) Right of First Negotiation/ Refusal. As of the commencement of this Agreement until ninety( 90) days prior to the expiration of the Term, Customer hereby agrees to gnml Pepsi exclusive negotiation rights with respect to extending the current Agreement or entering into a new agreement for Beverage pouring rights at the Outlets upon expiration of the ctmmt Tenn.

Ifthe Partieshavenot entered into newagreementby the ninetieth daypriorto expiration of the Term, Customer will be free to enter into discussions/ negotiations with third parties except that Customer hereby grmts Pepsithe absolute right offirst refusal to match any bona fide offers made by athirdparty with respect to Beverage pouring rights/ sales atthe Outlets. Customer will provide Pepsi with details of any such bona fide offers, and Pepsi will have a fifteen( 15) day window to decide whether it wilt match such offer and exercise its right of first refusal. The Partiesagreethat beveragetype/category andnot brand nameswill be considered for the pw: poses of determining amatch. Inthe event that Pepsi declines 1D match such offer, or fails to respOnd within the fifteen( 15) day period, then Customer will be free to enter into anagreement with any third party based on turns and conditions equal or favorable to those presented to Pepsi inconnection with the notice specified herein.

P) Distribution Limitatloa1. Pepsi reserves the right to limit quantities, withhold or deductFundingasan offset to amountsnot paid by Customeror terminate this Agreement if Customer ( i) sells Products directly or indirectly for resale outside of the Pepsi's exclusive territory where the Outlet operates and( ii) purchases Products outside Pepsi's exclusive territory where the Outlet operates and resells such Products within Pepsi'sexclusive territory.

Q) Entire Agreement. This Agreement contsins the entire agreement between the Parties hereto regarding the subject matter hereof and supersedes all other agreements between the Parties. This Agreementmay be amendedor modified only by a writing signedby eachof the Parties.

R) Representations. The Parties, represents and warrants to the other Party that( 1) the 116575- 1
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execution, delivery and performance of this Agreement will not violate any agreemcnls with, or rights o( third parties or any statute, rule or regulation applicable to the party or any of its properties, assets or operations ( including witbDut limitation any financial reporting and disclosure requirements promulgated by the Securities and Exchange Commission) and ( 2) is duly authorized and empowered to bind itself to the terms and conditions of this Agreement for the duration of the Tenn and( 3) it possesseslegal authority to enter into and perform the terms and conditions of this Agreement.

IN WITNESSWHEREOF,theundersigned havecausedthis Agreementto beduly executedas ofthe date set forth below.

Bottling Group, LLC Cathedral City
Print
Ni
PrintName: CharlesP McClcodon
TjpaTS R CZ w ffi5( dQ-') Title City Manager
Dame: 12121 2011 Date: //— .: J..' 7-/ CI
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EXHIBIT A
Customer Outlets
Downtown Festivals
Snow Fest
Taste ofJalisco
Food Truck Mash Up
Cathedral City LOBT Days
Easter Kidapalooza
CoachellaValleyBattleintheDesert
Tejano Music Fest
Halloween Spooktacular
Cathedral CityHotAir BalloonFest
Movies intheParle
Exclusivity for all cvenfll at the Cathedral City Community Amphitheater Onevending machine insidetheCathedral CityCommunityAmphitheater 6S/ S- 1
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EXHIBIT B
Products and Prces
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Staff Report

City Council

Item No. 6.C

Meeting Date: May 11, 2022
From: Michael Kashiwagi,
Title: Approval of the proposed SiFi Networks License Agreement an Open Source Fiber Optic Development Agreement

City Council

RECOMMENDATION:

Approve the proposed License Agreement with SiFi Networks Cathedral City, LLC. to construct a citywide fiber optic network.

BACKGROUND:

During the January 2022 City Council Strategy Session, the Council identified improving fiber optic broadband as an important Cit y goal. Over the last several months, staff has been exploring various options to accomplish th is goal of bridging the digital divide through expansion of city-wide broadband infrastructure. The City has been engaged in discussions with SiFi Networks (SiFi) to explore the investment of private sector dollars to construct a city -wide fiber optic network. The 100% privately funded network would significantly improve internet connectivity, speed, and accessibility for citizens, businesses, and government.

Once viewed as an enhancement to our quality of life, access to the internet and all of its services and capabilities are now an essential service to reduce the gaps of disparity and socioeconomic differences which exist in cities in California and throughou t the nation. The COVID-19 pandemic has highlighted the importance of affordable, reliable, and high-capacity internet services to provide for basic human needs such as educating our youth, access to jobs and ability to work, ordering food, and access to healthcare.

Although there have been many debates regarding the growing socioeconomic gaps caused by the Digital Divide, there is little doubt that the global pandemic has intensified the disparity between those with and those without reliable and afforda ble internet services.

The current model of providing internet services relies on individual Internet Service Providers (ISP’s) to invest and expand services in communities like Cathedral City. And in many cases, subscriber numbers may not warrant and /or support capital investments required to increase and expand services. Partnering with the private sector to finance, build, and operate an “open access” network provides a new and different model which could benefit Cathedral City now and many years into the future.

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Open Access is a high-speed broadband network with unlimited capacity which all ISP’s can tap into, access, and share. This enables ISPs of all sizes to compete in the Cathedral City market by removing the cost prohibitive barriers of constructing individual broadband systems. More internet providers equates to greater consumer choice for Cathedral City residents and business es. Potential benefits to our community include improved internet services, improved customer support, and competitive pricing.

SiFi is an international fiber optic network developer who privately funds, builds, and operates citywide open access fiber networks for cities in California and across the nation. They are in the business of building high -capacity broadba nd networks to deliver ultra -fast internet as well as connectivity for next generation services.

Participating agencies within California, where SiFi’s FiberCity networks are being constructed and will serve over 1.2 million people include : Rancho Cordova, Lancaster, Palmdale, Fullerton, Placentia, Yuba City, Pico Rivera, Lynwood, Pittsburg, Downey, Corona, and Simi Valley.

Fiber optic broadband is the fastest and most reliable method of delivering high quality internet services. It is about 10 -20 times f aster than cable internet services, which is what most of the community experiences today. Providing a faster, more reliable, and sustainable broadband network supports the City’s goal of eliminating barriers to affordable and reliable internet services for Cathedral City residents and businesses.

At the April 13, 2022, Study Session, SiFi introduced and shared information regarding their company, their business focus, and the proposed FiberCity broadband infrastructure project for Cathedral City. This included a description of the FiberCity model as compared to existing internet technology products available in the market today. SiFi described how their multimillion -dollar private investment to construct, maintain, and operate a 350 -mile Open Access net work throughout the City would be privately funded as well as their communication and outreach strategies to keep residents and business fully aware of the networks ongoing construction and availability.

DISCUSSION:

On April 2 7, 2022, City Council conduc ted a follow -up Study Session to preview and discuss a draft License Agreement which provides the required access rights and City commitments necessary for SiFi to proceed with project financing, design, and construction. The draft License Agreement includ ed the following primary business points:
• Thirty (30) year initial term with automatic fifteen (15) year extensions as long as SiFi stays in material compliance with the Agreement;
• The project is a 100% privately funded Fiber Optic Network which will be ow ned, operated, and maintained by SiFi;
• Provides rights for SiFi to enter and occupy City’s right -of-way (ROW) to install, operate, and maintain said system;
• City has final approval authority over the construction of the Fiber Optic System through review and approval of permit applications; and, • City required to meet specific timeframes for review, approval, and issuance of permits.

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The materials presented at the April 27 th Study Session generated a number of questions and comments from City Council and C ity Attorney. These items along with how the draft License Agreement was modified are summarized below:

• Definition of Primary Premises in S ection 1 raised concerns regarding the potential for economically disadvantaged areas of the City to be excluded fr om service due to the cost to serve remote or difficult to reach areas – language was added to the Primary Premises definition to establish a different economic threshold for “a census tract, neighborhood, or area of City that qualifies as, or is deemed to be, disadvantaged under California Public Resources Code section 39711(a)(2)”
• Concern expressed regarding the vagueness of the Exclusivity Provision in Section 2.1.1 (SiFi License to Use Public Way) – language was added to clarify the non -exclusive term d oes not apply to specific locations occupied by SiFi facilities (fiber optic trenches, cabinets, chambers, shelters)
• Concern regarding confidentiality requirements and potential financial liabilities to City for breaches of obligation by City representativ es required by Paragraph 5.3 (Treatment of Trade Secret and Privileged Information) – Substitute language was provided by the City Attorney and changes were accepted by SiFi. • Concern raised regarding the Insurance Coverage Limits contained in S ection 6 (Insurance) – Coverage limits reviewed by City Risk Management. No changes made to existing language; however, SiFi did agree to adding an additional umbrella excess insurance with single and aggregate limits up to $5,000,000. This was above and beyond any executed agreement SiFi has with the other cities currently under contract. This was also acceptable to Risk Management.
• Concern expressed regarding Indemnification provision (8.4 – Indemnification) – Modifications drafted and inserted into paragraphs 8.4.1 and 8.4.2 • Concern expressed regarding Limitation of Liability provision – Deletions and modifications added to Paragraph 8.5 Limitation of Liability • Concern expressed regarding impacts to staff resources and concerns of SiFi receiving preferential plan review and processing treatment due to requirements stated in Section 2.3 Efficient Permitting Process and Related Compensation – as required by paragraph 2.3.2, the City will provide staff solely dedicated to meet the plan review and permit issuance requi rements outlined in Section 2.3. All staff costs to provide these dedicated services will be paid by SiFi. This will be an additional staff resource, not a re -assignment or re- purposing of existing staff. The additional workload resulting from the SiFi project will not take away from, supersede, or take priority over other daily staff activities. The SiFi project will not impact existing staff resources and will not impact the pipeline of non -SiFi projects in the City’s development queue.

Over the last week, staff and the City Attorney’s Office have worked with SiFi to finalize an agreement that that protects the City and provides a state of the art service to our community. Staff recommends approval of the proposed License Agreement with SiFi Networks Cathedral City LLC to construct a citywide fiber optic network. SiFi’s

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commitment to finance, build, operate, and maintain an ultra-fast, high-capacity broadband fiber optic network in Cathedral City will benefit residents, businesses, and government now and many years into the future.

The “open access” network provided by SiFi will enable ISPs of all sizes to compete in the Cathedral City market. More ISPs mean greater consumer choice, improved services, and competitive pricing. Open access networks s hould also minimize future damage and disruptions to City streets and to residents and business by eliminating the need for individual ISPs to construct their own systems.

Unlike many existing ISPs and telecommunication companies who have pre -existing rights to access the City’s ROW, SiFi requires City permission which provides the City with an extra layer of control and leverage through the License Agreement.

Accordingly, potential risks and liability to the City from SiFi is no different and may be less than risks presented by existing ISP’s and telecoms who already construct, own, operate, and maintain facilities in Cathedral City.

FISCAL IMPACT:

The SiFi FiberCity Project is a 100% privately funded Fiber Optic Network and will not require City contributions or taxpayer subsidies. As required by the License Agreement, the City must provide a Project Manager during the project development and design phase. Contract staff will be retained to provide these services and SiFi will reimburse the City for the cost of these services.

The License Agreement also requires the City to provide a Single Point of Contact (SPOC) responsible for permit plan review, permit issuance, and construction monitoring during construction of the SiFi System. Contract staff ded icated to the project will also be retained to provide these services and SiFi will reimburse the City for the costs of these services.

There is no fiscal impact to the general fund for this project.

ATTACHMENTS:

SiFi License Agreement Cathedral City PN 5-02-2022_FINAL SiFi Exhibit A_FINAL

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RIV #4868-3123-2286 v1
DRAFT 5/12/22

LICENSE AGREEMENT
This License Agreement (the “Agreement”) is made this ___ day of May, 2022 (“Effective Date”), by and between the City of Cathedral City (“City”), a charter city and municipal corporation organized and existing within in the State of California, (“State”), a and SiFi Networks Cathedral City LLC, a Delaware limited liability company (“SiFi”) (each of City and SiFi, a “Party” and collectively, the “Parties”).

RECITALS
WHEREAS, the City desires to implement a fiber optic network System (as defined below) for community benefit in the City and SiFi desires to install such a System; WHEREAS, SiFi owns the rights to the FOCUS (as defined below) proprietary fiber optic cable System technology;
WHEREAS, the City has agreed to grant to SiFi all necessary license rights to access and use the Public Way to install, operate, and maintain the System; and NOW, THEREFORE, in consideration of the mutual obligations of the Parties, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties covenant and agree as follows:

SECTION 1

1. Definition of Terms.

1.1 Terms. For the purpose of this Agreement, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. “Access” means facilitation of all necessary City permits encroachments and/or license and/or lease agreements for specified areas within the Public Way. “Boundary” means the legal boundaries of the City as of the Effective Date. “Cabinets” means above ground enclosures placed within the Public Way for the protection of active and passive equipment for the provision of Service throughout the System and as further described in Exhibit A.
“Chambers” means underground enclosures placed within the Public Way facilitating access to the active and passive equipment for the provision of Service throughout the System. “Commencement Date” means the date that Substantial Completion, as that term is defined herein, of the System has been achieved.
“Construction” means breaking ground for the installation of the System.

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Attachment: SiFi License Agreement Cathedral City PN 5-02-2022_FINAL (3226 : SiFi Networks an Open Source Fiber Optic Developer)

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Cathedral City City CouncilMay 11, 2022

Cathedral City City Council
May 11, 2022