CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, December 14, 2022
5:30 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
MAYOR
Rita Lamb
CITY COUNCIL MEMBERS
Mayor Pro Tem
Mark Carnevale
Councilmember
Nancy Ross
Councilmember
Raymond Gregory
Councilmember
Ernesto Gutierrez
• 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. SPECIAL PRESENTATIONS
1. Recognition Jurassic Wonders
2. SoCal APWA Award - Ofelia Bringas Bridge Presentation - John A. Corella
2. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Cathedral City P a g e 2
Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also req uest 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.
3. COUNCIL REPORTS
This is an opportunity for each member of the Ci ty Council to report on any conferences they attend, local events or make any other comments they may have.
4. CONSENT AGENDA
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Counci l 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 - Study Session - Nov 30, 2022 3:00 PM
2. City Council - Regular Meeting - Nov 30, 2022 5:30 PM C. Council Appointments to Various Local Agencies
Recommendation: To review the list of Local Agency Assignments and ratify the appointments.
D. Ratify the Nomination of Tom Rudolph to serve on the Public Arts Commission and appoint him to fill the unexpired term continuing through June 30, 2024
Recommendation: Ratify the nomination of Tom Rudolph by Councilmember Nancy Ross to serve on the Public Arts Commission and
appoint him to fill the unexpired term continuing through June 30, 2024.
E. Ratification of Agreement Between the City of Cathedral City and the Cathedral City Police Management Association (CCPMA)
Recommendation: To ratify the agreement between the City of Cathedral City ("City") and Cathedral City Police Management Association ("CCPMA") via the Memorandum of Understanding ("MOU")
for the period of July 01, 2022, through June 30, 2025.
F. Agua Caliente Tribal Food and Beverage Sales Tax Agreements Recommendation: To approve two Memoranda of Understanding (MOU) with the Agua Caliente Band of Cahuilla Indians (ACBCI)
regarding sharing of food and beverage taxes collected from businesses on tribal lands.
Cathedral City P a g e 3
G. Seeking Authorization to Purchase One (1) 2023 Ford Explorer PIU With Emergency Equipment for the Police Department
Recommendation: To authorize staff to purchase one 2023 Ford Explorer PIU (Police Interceptor Unit), including upfitting of emergency equipment, estimated sales tax and delivery, from Dana
Safety Supply for a total cost of $72,302.44
H. Reimbursement Agreement with the Coachella Valley Water District (CVWD) in conjunction with the upcoming Via De Anza Street Improvements Phase II Project
Recommendation: To authorize the City Manager to execute a 100% Reimbursement Agreement with the Coachella Valley Water District (CVWD) for the relocation and replacement of a water main at an estimated construction cost of $470,000 within the limits of the upcoming Via De Anza Street
Improvements Phase II Project, located along Via De Anza between Dinah Shore Drive and Olancha Road.
5. ITEMS PULLED FROM CONSENT
6. PUBLIC HEARINGS
A. CFD 2006-1, IA #15, Formation, Election and Ordinance Public Hearing Recommendation: For the City Council of the City of Cathedral City, acting on behalf of Improvement Area (IA) No. 15 of the City of
Cathedral City Community Facilities District (CFD) 2006-1 (law enforcement, police, paramedic, park and general
maintenance services), to adopt the following:
Resolution of Formation determining the validity of prior proceedings (Resolution 2021-34, Resolution of Intention)
Resolution Calling for a Special Election
Resolution Canvassing the Results of the Special Election
Introduce the 1st reading of an Ordinance Authorizing the Levy of a Special Tax
7. LEGISLATIVE ACTIONS
A. Interview Applicant for the Palm Springs International Airport Commission and Consider an Appointment to fill the Vacant Seat with a term expiring on June 30, 2024.
Recommendation: Staff recommends the City Council interview the applicant that submitted an application for possible appointment to fill one vacant seat on the Palm Springs International Airport Commission with a term expiring on June 30, 2024.
Cathedral City P a g e 4
B. FIND Food Bank Services for the Edible Food Recovery Program Recommendation: To authorize the City Manager to enter into an Agreement with FIND Food Bank for the purpose of meeting SB-1383
regulatory requirements and providing support to the
Cathedral City Edible Food Recovery Program.
C. 2023 State of the City (SOC: Greater Coachella Valley Chamber of Commerce to Manage SOC Event
Recommendation: To approve a Contract for Services with the Greater Coachella Valley Chamber of Commerce to organize and
manage the 2023 State of the City event.
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.
E. Speed Hump Policy Review
8. 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 special 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).
9. CLOSED SESSION
ADJOURN
NOTES TO THE PUBLIC:
The City of Cathedral City complies with the Americans with Disabilit ies 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 complete 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 of the City Council regarding any item on this agenda will be made available fo r public i nspection 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
Study Session
Wednesday, November 30, 2022
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
• 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
City Manager Charles McClendon announced that item 1A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6, would be pulled from the agenda.
1. CLOSED SESSION
A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees:
AFSCME - American Federation of State, County and Municipal Employees
This item was pulled from the agenda.
2. PUBLIC COMMENT
There were no members of the public that wished to speak.
3. STUDY SESSION
4.B.1
Packet Pg. 5
Minutes Acceptance: Minutes of Nov 30, 2022 3:00 PM (Minutes Approval) Cathedral City Pa ge 2 Printed on 12/14/2022
A. Presentation - Update on the Coachella Valley Rail Project Recommendation: This is a presentation only. There is no formal action required.
Aaron Hake, Deputy Exec utive Director for Riverside County Tr ansportation Commission, provided an update on the Coachella Valley Rail Project. The following points were presented:
• Overview of the Project
• Purpose and Process
• Status of the Project
• Tier 2 EIS/EIR Overview
• Continued Outreach
• Next Steps
This item was for discussion and information only, there was no formal action taken by the City Council.
B. Agua Caliente Tribal Food and Beverage Sales Tax Agreement Recommendation: This item is presented for information, discussion and direction only.
Robert Tucker, Agua Caliente Band of Cahuilla Indians, provided an overview on the Agua Caliente Tribal Food and Beverage Sales Tax Agreement. The following points were presented:
• CDTFA Regulations 1616
• ACBCI Food and Beverage Sales Tax Facts
• City Allocation
This item for was discussion and information only, there was no formal action taken by the City Council.
C. FY 2022/2023 CDBG Sidewalk Repair Assistance Program Recommendation: Staff will be presenting Cathedral City's FY 2022-2023 Community Development Block Grant (CDBG) Sidewalk
Repair Assistance Program for City Council review,
discussion, and direction.
Armando Baldizzone, City Engineer, provided an overview on the CDBG Sidewalk Repair Assistance Program. The following points were presented:
• Background of the Program
• Sidewalk Code Violation Examples
• Program
• HUD LMI by Census Block Group Map 2022
• Identification
• Program Eligibility Requirements
• Program Documents
• Program Flow Chart
4.B.1
Packet Pg. 6
Minutes Acceptance: Minutes of Nov 30, 2022 3:00 PM (Minutes Approval) Cathedral City Pa ge 3 Printed on 12/14/2022
• Fiscal Impact
• Proposed Future Item on Corner Ramps
This item was for discussion and information only, there was no formal action taken by the City Council.
The City Council recessed at 4:04 p.m.
The City Council reconvened at 4:09 p.m.
D. Cannabis Task Force Update
Recommendation: This item is presented for information, discussion and direction only.
City Manager Charles McClendon provided a Cannabis Task Force update. The following points were presented:
• Total Cannabis Taxes
• Retail Cannabis Taxes
• Coachella Valley Retail Tax Rates
• Coachella Valley Cultivation Tax Rates
• Coachella Valley Manufacturing Tax Rates
• Task Force Discussion
• Recommendations
Kenneth Churchill, West Coast Cannabis Club, provided information on the tax structure of other c ities in California. He urged the Cit y Council to reduce retail cannabis taxes.
Jocelyn Kane CVCAN, urged the City Council to reduce cannabis taxes.
Paula Turner discussed cultivation tax and how other cities tax those facilities.
She urged the City Council to reduce cannabis taxes.
Robert Lowe, Greenscape , expressed his concern about the cannabis industry and urged City Council to reduce cannabis taxes.
Jeremy Goodlander, Atomic Budz, expressed his concern with potentially losing his employment as a cannabis worker and urged the City Council to help.
Lisa Goldfine, Double Eye Dispensary , expressed her concern with the current tax rate and urged the City Council to reduce retail cannabis taxes.
John Ramistella, Desert Kush, has not made a dollar with his business and urged the City Council to take that into consideration.
Mayor Ernesto Gutierrez expresses the importance of the City’s budget and resources. He also expressed his support of a tax reduction in a balanced way that the City’s budget c an accommodate. He also feels the Cou ncil should act sooner than later.
4.B.1
Packet Pg. 7
Minutes Acceptance: Minutes of Nov 30, 2022 3:00 PM (Minutes Approval) Cathedral City Pa ge 4 Printed on 12/14/2022
Councilmember Mark Carnevale expressed support of the Task Force’s recommendation and feels the Council should act now. He urged the businesses to do their part to revamp their businesses during these challenging times, as it is not the City’s job to make sure their businesses are a success.
Councilmember Raymond Gregory expressed the importance of recognizing that the voters were promised a public benefit with regards to cannabis in the City. He expressed his concern a nd that he may be willing to support reduced rates that will be in the best interest of the City and the residents, while remaining competitive with the rest of the Valley . He also feels it is premature to act now and suggests monitoring the situation.
Councilmember Nancy Ross expressed the need for a better understanding of the whole picture and how a reduction will affect businesses and the City, in order for her to make an educated decision , however, she would suppor t her fellow Councilmembers if they c hose to move forward with a tax reduction at this time.
Mayor Pro Tem Rita Lamb stated that she has looked at the data and knows the businesses are hurting. She feels there are other factors also contributing to the issue, however, she does not want to l ose this industry. She suggested staff analyze further to provide the Council with options on how to best move forward.
It was the consensus of the City Council to direct staff to work with industry members and staff to evaluate how a tax reduction would affect their bottom line, and how it would affect the City’s budget.
ADJOURN
Mayor Ernesto Gutierrez adjourned the Study Session meeting at 5:22 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City
4.B.1
Packet Pg. 8
Minutes Acceptance: Minutes of Nov 30, 2022 3:00 PM (Minutes Approval)
CITY COUNCIL
MINUTES
Regular Meeting
Wednesday, November 30, 2022
5:30 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE
Mayor Ernesto Gutierrez led the Pledge of Allegiance.
• INVOCATION (MOMENT OF REFLECTION)
Mayor Pro Tem Rita Lamb offered a moment of silence for Councilmember Gregory's mother, who recently passed away.
• 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
There were no changes to the agenda.
• SPECIAL PRESENTATION - Special Recognition Henry Chan The City Council presented outgoing City Treasurer, Henry Chan, with a Certificate of Recognition for his 20 years of service to the City.
1. PUBLIC COMMENT
Corwin DeVeas expres sed his concern with the lack of appreciation and comments
4.B.2
Packet Pg. 9
Minutes Acceptance: Minutes of Nov 30, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 2 Printed on 12/08/2022
that were made by members of the Police Department related to meals that were provided by Councilmember Carnevale and Mayor Gutierrez.
2. COUNCIL REPORTS
Councilmember Raymond Gregory reported tha t he attended the Veterans Village grand opening, Fields of Valor event, the Hot Air Balloon Festival, and the CVAG Public Safety Committee meeting, where he introduced Fire Chief Contreras. He also attended the Dinner with Patsi at Meester Zebra along wit h other members of Council, which benefited the Cathedral City Senior Center. He reported that he attended and chaired the Riverside County Transportation Commission Budget and Implementation Committee meeting. He also reported that he attended the Police Officers and Public Safety Awards. He announced the upcoming City Hall at Your Corner, which will be held on December 6, 2022 at 2:00 p.m., the Mayor’s Tree lighting, which will be held on December 7, 2022 at 5:00 p.m., and the Special City, which will be held on December 13, 2022 4:30 p.m.
Mayor Pro Tem Rita Lamb reported that she attended the Veterans Village grand opening. She also reported that she attended the Fields of Valor event, and recognized Jo Anne Kennon for her efforts. She read the obituary for Buford Crites , who passed away on November 12, 2022. She announced that the Cathedral City High School Chamber Singers will be performing holiday songs at the Tram on December 9, 2022 from 5:00 to 7:00 p.m.
Councilmember Mark Carnevale reported that he along with Robert Rodriguez, Planning/Building Director, met with the owners of the Sunniva project to discuss their plans to redesign of their building. He reported that he attended multiple meetings related to the Chamber of Commerce agreement, along with Councilmember Ross, which went well. He reported that he and his wife cooked Thanksgiving Dinner for the veterans at the new veteran’s facility, who were very appreciative. He reported that he attended the Evening Rotary meeting where they discussed t he upcoming Mayor's Golf Tournament. He also reported that he attended the Fields of Valor event, which was amazing. He announced that he will be attending the Chanukah celebration at Boomers, which is always a lot of fun. He reported on the Homeless Liaison Officers most recent accomplishments.
Councilmember Nancy Ross reported that she is still recovering from being sick.
She reported that she loved the Hot Air Balloon Festival. She was able to ride in one of the balloons with Conrad Corral and thanked him. She reported that she attended the Fields of Valor event, which was awesome. She shared information on her father and husband who both served in the Military , and is very proud of them. She reported that she has completed her Leadership Academy and l earned so much.
She also reported that she conducted applicant interviews for the vacant seat on the Public Arts Commission. Both applicants were great, which made her decision difficult. She announced that she will be taking two trips to Washington DC to represent things she is interested in and to meet with Congressional allies. She commented on her Thanksgiving, which she feels was the best Thanksgiving ever.
She reported that she attended Dinner with Patsi and the Police Officers and Public Safety Award s. She will be attending the upcoming City Hall at Your Corner. She reported on the recent meetings she took with constituents, businesses and Commissioners. She announced that she will be recognizing those involved with
4.B.2
Packet Pg. 10
Minutes Acceptance: Minutes of Nov 30, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 3 Printed on 12/08/2022
bringing the Jurassic Wonders to th e City at the City Council meeting on December 14, 2022.
Mayor Ernesto Gutierrez reported that he spent Thanksgiving with his family, which is his favorite holiday of the year. He reported that he attended the grand opening of the Veterans Village, where he heard some very compelling stories from the Veterans and their families. He also attended the Fields of Valor, which was a great event. He reported that he met with the City Manager and the Police Chief. He also reported that he attended the Hot Air Ba lloon Festival and enjoyed the Pink Floyd cover band which sounded amazing. He reported that he spoke with a Veteran who was facing homelessness and was able, along with Officer Powers, to get him help with resources. He thanked Robert Rodriguez, Planning/ Building Director, for his assistance with a local business owner who is in the process of relocating his business. He also reported that he met with a local cannabis business owner where they discussed the issues his business is currently facing. He remin ded everyone as temperatures drop, for those who qualify, Southern California Gas provides up to 20% off on their gas bill. For more information call at 1-800-427-2200.
3. CONSENT AGENDA
A motion was made by Councilmember Gregory and seconded by Council member Ross to approve the following Consent Agenda items:
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A. Waive Full Reading of Ordinances on Agenda
M.O. 2022-192
B. Minutes Approval
M.O. 2022-193
1. City Council - Study Session - Nov 9, 2022 3:00 PM
2. City Council - Regular Meeting - Nov 9, 2022 5:30 PM C. Receive and File Payment of Claims and Demands for October 2022 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency, the Cathedral City Public Finance Authority Board, and the Cathedral City Downtown Foundation Board receive and file payment of claims and demands in the aggregate sum of $5,159,952.09 for the
month of October 2022.
M.O. 2022-194
4.B.2
Packet Pg. 11
Minutes Acceptance: Minutes of Nov 30, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 4 Printed on 12/08/2022
D. Approval of Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians regarding the Date Palm Drive Pavement Rehabilitation Project
Recommendation: To authorize the City Manager to execute the attached Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians (ACBCI) regarding the Date Palm Drive Pavement Rehabilitation Project.
M.O. 2022-195
E. Ratify the Nomination of Danielle Mead by Councilmember Raymond Gregory to serve on the Historic Preservation Committee and appoint her to fill the unexpired term continuing through June 30, 2025 Recommendation: Ratify the nomination of Danielle Mead by Councilmember Raymond Gregory to serve on the Historic Preservation
Committee and appoint her to fill the unexpired term
continuing through June 30, 2025.
M.O. 2022-196
F. License Agreement with the Riverside County Flood Control District and Water Conservation District (RCFCD) for the Operation and Maintenance of the Ramon Road Bridge Widening Project (EP 3382).
Recommendation: To approve a license agreement with Riverside County Flood Control and Water Conservation District (RCFCD) for the Operation and Maintenance of the Ramon Road Bridge
Widening Project; and, authorize the City Manager to
execute all necessary documents.
M.O. 2022-197
G. Second Reading and Adoption of an Ordinance Adding Chapter 8.62 (Historic Preservation) to the Cathedral City Municipal Code Recommendation: To provide second reading and adopt an Ordinance adding Chapter 8.62 - Historic Preservation - to the Cathedral City Municipal Code.
Ord 865
H. Purchase of two (2) 2022 Ford F-250 4x4 Crew Cab Trucks for the Public Works and Engineering Department
Recommendation: To authorize the purchase of two (2) 2022 Ford F-250 4x4 Crew Cab Pick Up Trucks, with emergency lighting, radio and computer equipment, as replacements for the Public
Works and Engineering Departments, respectively, at a total cost of $130,769.22; and authorize the City Manager, or his designee, to execute all required documents for the
purchases.
M.O. 2022-198
I. ASSEMBLY BILL (AB) 1600 FISCAL YEAR (FY) 2021/2022
DEVELOPMENT IMPACT FEE REPORT
4.B.2
Packet Pg. 12
Minutes Acceptance: Minutes of Nov 30, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 5 Printed on 12/08/2022
Recommendation: To approve a resolution accepting the Annual Assembly Bill (AB) 1600 Development Impact Fee Report for the Fiscal
Year 2021/2022
Reso 2022-55
J. California SB 165, Government Code (GC) 50075.1 Fiscal Year (FY) 2021/2022 Report for CFD 2006-1
Recommendation: Receive and File the Annual FY 2021/2022 California Senate Bill (SB) 165, Government Code (GC) Section 50075 Community Facilities District (CFD) 2006-1 Revenues and Expenditures Report
M.O. 2022-199
4. ITEMS PULLED FROM CONSENT
5. PUBLIC HEARINGS
A. 2022 Building and Fire Codes Adoption
Recommendation: To conduct a public hearing, provide second reading, and adopt an ordinance adopting by reference the 2022 editions of the California Building and Fire Codes including local additions and amendments, with the requisite findings in support of local additions and amendments to the codes.
City Manager Charles McClendon introduced the ordinance for second reading.
Mayor Ernesto Gutierrez opened the Public Hearing to receive public comment, seeing none, he closed the Public Hearing and returned discussion to the City Council.
Ord 866
A motion was made by Mayor Pro Tem Lamb and seconded by Councilmember Gregory to approve the second reading, and adopt an ordinance adopting by reference the 2022 editions of the Cal ifornia Building and Fire Codes including local additions and amendments, with the requisite findings in support of local additions and amendments to the codes.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rita Lamb, Mayor Pro Tem
SECONDER: Raymond Gregory, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
6. LEGISLATIVE ACTIONS
A. Adopt a Resolution authorizing the City of Cathedral City’s Code Compliance Division to serve as the enforcement agency for AB 1276 (Single-Use Foodware Accessories and Condiments) within the City of Cathedral City, California
4.B.2
Packet Pg. 13
Minutes Acceptance: Minutes of Nov 30, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 6 Printed on 12/08/2022
Recommendation: To adopt a Resolution authorizing the City of Cathedral City's Code Compliance Division to serve as the
enforcement agency for AB 1276 (Single-Use Foodware
Accessories and Condiments) within the City of Cathedral City, California.
Reso 2022-56
A motion was made by Mayor Pro Tem Lamb and seconded by Councilmember Gregory to approve the To adopt a Resolution authorizing the City of Cathedral City's Code Compliance Division to serve as t he enforcement agency for AB 1276 (Single -Use Foodware Accessories and Condiments) within the City of Cathedral City, California.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rita Lamb, Mayor Pro Tem
SECONDER: Raymond Gregory, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. North City Specific Plan Economic Development Resolution Recommendation: To approve this Economic Development Resolution to facilitate development within the North City Specific Plan (NCSP) and the North City Extended Specific Plan
(NCESP).
Rob Bernheimer, Attorney Representing Katrina Heinrich, property owner in the North City area, thanked the City Council, commended staff and expressed his support of the Resolution.
Reso 2022-57
A motion was made by Councilmember Gr egory and seconded by Councilmember Carnevale to approve a Resolution of the City Council to facilitate development within the North City Specific Plan (NCSP) and the North City Extended Specific Plan (NCESP).
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
C. 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.
4.B.2
Packet Pg. 14
Minutes Acceptance: Minutes of Nov 30, 2022 5:30 PM (Minutes Approval) Cathedral City P a g e 7 Printed on 12/08/2022
Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.
City Manager Charles McClendon provide an update on emergency actions related to COVID -19, Monkeypox and Respiratory Syncytial Virus (RSV). He reported that there has been an incre ase in case which is normal for this time of year. He re commends that the City Council take action to extend Resolution 2020-06.
City Attorney Eric Vail stated that the Governor has announced that he will be terminating the State Emergency Order in Februa ry of 2023. Once that occurs the City's emergency order will also have to terminate or be based on specific facts related to either a County declared emergency or a City specific emergency.
M.O. 2022-200
A motion was made by Councilmember Gregory and sec onded by Councilmember Ross to extend Resolution 2020 -06, which proclaims the existence of an emergency situation and local emergency due to the worldwide spread of COVID-19.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
7. DISCUSSION ON FUTURE AGENDA ITEMS
There was no discussion on future agenda items.
8. CLOSED SESSION
ADJOURN
Mayor Ernesto Gutierrez adjourned the Regular City Council meeting at 6:53 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City
4.B.2
Packet Pg. 15
Minutes Acceptance: Minutes of Nov 30, 2022 5:30 PM (Minutes Approval)
Cathedral City Page 1 of 2 Printed on 12/14/2022
Staff Report
City Council
Item No. 4.C
Meeting Date: December 14, 2022
From: Tracey Hermosillo, City Clerk
Title: Council Appointments to Various Local Agencies
City Council
RECOMMENDATION:
To review the list of Local Agency Assignments and ratify the appointments.
BACKGROUND:
Each year the City Council reviews the list of Local Agency Assignments in the event any changes need to be made due to schedule changes and/or Council changes due to an election. This list includes the following local agencies and other assignments:
Coachella Valley Association of Governments – Executive Committee * Coachella Valley Association of Governments – Conservation Commission Coachella Valley Association of Governments – Energy & Environment Resources Committee
Coachella Valley Association of Governments – Homeless Committee Coachella Valley Association of Governments – Public Safety Committee Coachella Valley Association of Governments – Transportation Committee Coachella Valley Animal Campus
Coachella Valley Economic Partnership (CVEP) *
Coachella Valley Mosquito and Vector Control Board of Trustees Coachella Valley Mountains Conservancy Board
ERICA – Board of Directors
Greater Palm Springs Convention & Visitors Bureau (CVB) * Riverside County Transportation Commission
Southern California Association of Governments (SCAG) – Annual Meeting * SunLine Transit Agency
Palm Springs Unified School District 2x2 Sub-Committee
Tri-Cities (PS, DHS, CC)
Community Assistance Program Sub-Committee
Coachella Valley Water District 2X2 Sub-Committee
Parks and Community Events Commission Liaison
Public Arts Commission Liaison
Historic Preservation Commission Liaison
Sphere of Influence (Palm Desert) 2X2 Sub-Committee
4.C
Packet Pg. 16
Cathedral City Page 2 of 2 Printed on 12/14/2022
SB 1383 Recycling Compliance
Coachella Valley Conservation Commission Trails Management Sub-Committee
*indicates the Mayor typically represents the City, however, it is not required.
DISCUSSION:
Attached for your review is a recommended list of assignments. Staff recommends the City Council ratify the assignments . The City Clerk will notify all agencies of the respective appointments.
FISCAL IMPACT:
There is no fiscal impact with this item.
ATTACHMENTS:
Proposed Committee Assignments Council - Local Agency (Council 2023)
4.C
Packet Pg. 17
City Council
Local Agency Assignments
Committee Meeting Location & Time Representative Alternate Coachella Valley Association of Governments
Executive Committee
Last Monday of each month at 4:30 p.m.
73-710 Fred Waring Drive, Room 119, Palm Desert
$100.00 per meeting
Rita Lamb* Mark Carnevale
Coachella Valley Association of Governments
General Assembly
Last Monday in June at 6:00 p.m.
Location TBD
Entire Council
Coachella Valley Association of Governments
Coachella Valley Conservation Commission
Second Thursday of each month at 10:30 a.m.
73-710 Fred Waring Drive, Room 119, Palm Desert
$75.00 per meeting
Ernesto Gutierrez Rita Lamb
Coachella Valley Association of Governments
Energy & Environment Resources Committee
Second Thursday of each month at noon
73-710 Fred Waring Drive, Room 119, Palm Desert
$75.00 per meeting
Nancy Ross Ernesto Gutierrez
Coachella Valley Association of Governments
Homeless Committee
Third Wednesday of each month at 10:00 a.m.
73-710 Fred Waring Drive, Room 119, Palm Desert
$75.00 per meeting
Mark Carnevale Ernesto Gutierrez
Coachella Valley Association of Governments
Public Safety Committee
Second Monday of each month at 9:00 a.m.
73-710 Fred Waring Drive, Room 119, Palm Desert
$75.00 per meeting
Raymond Gregory Mark Carnevale
Coachella Valley Association of Governments
Transportation Committee
First Monday of each month at 10:00 a.m.
73-710 Fred Waring Drive, Room 119, Palm Desert
$75.00 per meeting
Raymond Gregory Mark Carnevale
Coachella Valley Animal Campus
First Thursday of every three months at 9:30 a.m.
Coachella Valley Animal Campus
72-050 Pet Land Place, Thousand Palms
Mark Carnevale Ernesto Gutierrez
Coachella Valley Economic Partnership (CVEP)
Third Wednesday of each month at 8:00 a.m. – Location
Changes each month
(Dark in August and December)
Mark Carnevale* Ernesto Gutierrez
Coachella Valley Mosquito & Vector Control
Board of Trustees
760 342-8287 (700 Form)
Second Tuesday of each month at 6:00 p.m.
43-420 Trader Place, Administration Building
Indio, CA 92201
$100.00 per meeting
Nancy Ross
2 Year Term
Expires 12-31-2024
No Alternate
Coachella Valley Mountains Conservancy Board Second Monday of every other month at 3:00 p.m. Rita Lamb Nancy Ross
4.C.a
Packet Pg. 18
Attachment: Proposed Committee Assignments Council - Local Agency (Council 2023) (3529 : Council 73-710 Fred Waring Drive, Room 115, Palm Desert
January 1 0, March 14, May 9 July 1 1, September 1 2,
November 14
$75.00 per meeting
Eastern Riverside County Interoperable Communications
Authority (ERICA) – Board of Directors
Usually April & October and as needed: Dates TBD
Study Session Room at City Hall or TBD
April 8, 2021
October 14, 2021
Raymond Gregory Mark Carnevale
Greater Palm Springs Convention & Visitors Bureau (CVB)
Fourth Friday at 8:00 a.m.
70100 Highway 111 Rancho Mirage
Rita Lamb* Mark Carnevale
League of California Cities
Riverside County Division General Membership Meeting
Second Monday of every other month generally begins at
5:30 p.m. Location Changes each meeting.
Entire Council and Staff
Riverside County Transportation Commission
Second Wednesday of each month at 9:30 a.m.
4080 Lemon Street, Riverside
$100.00 per meeting, not to exceed $400.00 per month
Raymond Gregory Mark Carnevale
Southern California Association of Governments (SCAG) Rita Lamb* Mark Carnevale SunLine Transit
Fourth Wednesday of each month at noon
32505 Harry Oliver Trail, Thousand Palms
$25.00 per meeting
Nancy Ross Raymond Gregory
Committee Meeting Location & Time Representatives
Palm Springs Unified School District 2X2 Sub-Committee Quarterly City Hall, Upstairs Conference Room
Ernesto Gutierrez Rita Lamb
Tri-Cities 2x2 (PS, DHS, CC) Quarterly – Location rotates Ernesto Gutierrez Rita Lamb Community Assistance Program Once per year to review Community Assistance Program Applications and make recommendations of funding
approval to Council.
Mark Carnevale Raymond Gregory
Coachella Valley Water District 2X2 Sub-Committee Twice per year to discuss matters of mutual interest. Mark Carnevale Ernesto Gutierrez Parks and Community Events Liaison Every Other Month Raymond Gregory Ernesto Gutierrez Public Arts Commission Liaison As Needed Mark Carnevale Rita Lamb Historic Preservation Commission Liaison As Needed Mark Carnevale Nancy Ross Coachella Valley Conservation Commission Trails
Management Sub-Committee
Third Wednesday of every other month, September through May at 1:30 p.m.
Gary Marshall Nancy Ross
SB 1383 Recycling Compliance As Scheduled Mark Carnevale Nancy Ross Sphere of Influence (Palm Desert) 2X2 Sub-Committee As Scheduled Rita Lamb Mark Carnevale *Mayor Represents 12/2022
4.C.a
Packet Pg. 19
Attachment: Proposed Committee Assignments Council - Local Agency (Council 2023) (3529 : Council
Cathedral City Page 1 of 1 Printed on 12/14/2022
Staff Report
City Council
Item No. 4.D
Meeting Date: December 14, 2022
From: Tracey Hermosillo, City Clerk
Title: Ratify the Nomination of Tom Rudolph to serve on the Public Arts Commission and appoint him to fill the unexpired term continuing through June 30, 2024
City Council
RECOMMENDATION:
Ratify the nomination of Tom Rudolph by Councilmember Nancy Ross to serve on the Public Arts Commission and appoint him to fill the unexpired term continuing through June 30, 2024.
BACKGROUND:
The Public Arts Commission currently has one vacant seat with a term expiring on June 30, 2024. This seat shall be nominated by Councilmember Nancy Ross, pursuant to City Council Resolution 2022-47.
DISCUSSION:
The vacancy on the Public Arts Commission was post ed as required by Government Code 54974. The deadline to receive applications was the close of business on October 28, 2022 . Staff received two applications, one from Tom Rudolph and one from Dr. Jane S. Galloway , which are attached for your review. Cou ncilmember Nancy Ross conducted interviews with both applicants and has nominated Tom Rudolph to fill the vacant seat on the Commi ssion. It is staff’s recommendation that, pursuant to City Council Resolution 2022 -47, City Council ratify the nomination by Councilmember Nancy Ross of Tom Rudolph to serve on the Public Arts Commission and to formally appoint him to fill the unexpired term continuing through June 30, 2024.
FISCAL IMPACT:
There is not fiscal impact with this item.
ATTACHMENTS:
Applications_Public Arts Commision_12142022
4.D
Packet Pg. 20
4.D.a
Packet Pg. 21
Attachment: Applications_Public Arts Commision_12142022 (3528 : Ratify Nomination and Appoint Tom Rudolph to the Public Arts
4.D.a
Packet Pg. 22
Attachment: Applications_Public Arts Commision_12142022 (3528 : Ratify Nomination and Appoint Tom Rudolph to the Public Arts
4.D.a
Packet Pg. 23
Attachment: Applications_Public Arts Commision_12142022 (3528 : Ratify Nomination and Appoint Tom Rudolph to the Public Arts
4.D.a
Packet Pg. 24
Attachment: Applications_Public Arts Commision_12142022 (3528 : Ratify Nomination and Appoint Tom Rudolph to the Public Arts
4.D.a
Packet Pg. 25
Attachment: Applications_Public Arts Commision_12142022 (3528 : Ratify Nomination and Appoint Tom Rudolph to the Public Arts
4.D.a
Packet Pg. 26
Attachment: Applications_Public Arts Commision_12142022 (3528 : Ratify Nomination and Appoint Tom Rudolph to the Public Arts
4.D.a
Packet Pg. 27
Attachment: Applications_Public Arts Commision_12142022 (3528 : Ratify Nomination and Appoint Tom Rudolph to the Public Arts
4.D.a
Packet Pg. 28
Attachment: Applications_Public Arts Commision_12142022 (3528 : Ratify Nomination and Appoint Tom Rudolph to the Public Arts
Cathedral City Page 1 of 3 Printed on 12/14/2022
Staff Report
City Council
Item No. 4.E
Meeting Date: December 14, 2022
From: Eugenia Torres, Human Resources Manager
Title: Ratification of Agreement Between the City of Cathedral City and the Cathedral City Police Management Association
(CCPMA)
City Council
RECOMMENDATION:
To ratify the agreement between the City of Cathedral City ("City") and Cathedral City Police Management Association ("CCPMA") via the Memorandum of Understanding ("MOU") for the period of July 01, 2022, through June 30, 2025.
BACKGROUND:
The City and the Cathedral City Police Management Association ( CCPMA) began negotiations over a successor Memorandum of Understanding ( MOU) on March 9, 2022, and met by zoom and telephone. The negotiation teams reached a full agreement for a three (3) year contract.
DISCUSSION:
The terms agreed to by the parties include the following:
1. Term – July 1, 2022, through June 30, 2025 (3-year term)
2. Salary Increase – Effective the first full payroll period following the following designated dates:
Sergeants: 3.0% upon ratification; 3.5% 07/01/2023; 3.5% 07/01/2024 Commanders: 3.5% upon ratification; 4.0% 07/01/2024; 4.0% 07/01/2025
3. Salary on Promotion - Clean up effective dates
4. Salary on Reinstatement - Clean up language; clarify new hire date/seniority
5. Overtime (Effective July 1, 2023)
i. Commanders’ classification to change from non-exempt to exempt ii. Overtime hours worked by Commanders where the City is reimbursed by an outside party is eligible for overtime pay.
iii. Call Out Pay - removed for Police Commanders
4.E
Packet Pg. 29
Cathedral City Page 2 of 3 Printed on 12/14/2022
6. Bilingual Pay – Increase from $200 to $215 per pay period; change to process
7. Assignment Differential
i. Increase Detective Sergeant from $250 to $280
ii. Add PACT Team Sergeant $250 per pay period
8. Police Employee Court Appearance Time – (Effective July 1, 2023) i. Remove Police Commanders
9. Management Incentive Pay – (Effective July 1, 2023)
i. Increase from 1.55 hours per pay period to 5 hours per pay period.
10. Automatic Resignation – Clean up language
11. Hours of Work – Clean up - remove Friday as a closed day
12. Work Schedule Affecting Associate Members – Add Division Manager to distinguish between operations managers.
13. Work Week – Distinguish non-sworn
14. Effect of Absence on Vacation Crediting – Clarify intent
15. Compensatory Time Off – Clarify only available for sergeants, allow cash out throughout the year.
16. Sick Leave Accrued Limit and Payoff – Clean up language
17. Jury Duty – Clean up language
18. Educational Incentive – Change payout from fiscal year to calendar year
19. Health Insurance – Increase health cap effective January 1, 2025, by:
• Single = $70
• Single + 1 = $150
• Family = $300
20. Group Health Plan Continuation upon Retirement – Clarified vested language
21. Remove side letter – Commander classification study
FISCAL IMPACT:
The budget for the three -year ag reement was planned to be $598,171. With this agreement, the updated budgeted cost is $619,744, for a net increase of $21,573.
ATTACHMENTS:
4.E
Packet Pg. 30
Cathedral City Page 3 of 3 Printed on 12/14/2022
CCPMA MOU_2022 -2025_Final
4.E
Packet Pg. 31
CITY OF CATHEDRAL CITY
MEMORANDUM OF
UNDERSTANDING
CATHEDRAL CITY POLICE
MANAGEMENT ASSOCIATION
(CCPMA)
JULY 1, 2022– JUNE 30, 2025
4.E.a
Packet Pg. 32
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 1 | P a g e
Table of Contents
ARTICLE 1: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR DECERTIFICATION ... 4 ARTICLE 2: SEVERABILITY ...................................................................................................................... 4 ARTICLE 3: STRIKES AND/OR JOB ACTIONS .......................................................................................... 5 ARTICLE 4: SUCCESSOR NEGOTIATIONS ............................................................................................... 5 ARTICLE 5: TERM ................................................................................................................................... 5 ARTICLE 6: GENERAL PROVISIONS ........................................................................................................ 5
6.1 Equal Employment Opportunity ..................................................................................... 5
6.2 Safety and Health ............................................................................................................ 5
6.3 Employee Activities ......................................................................................................... 6
6.4 Inconsistent Employee Activities .................................................................................... 6
6.5 Improper Use of City Equipment Prohibited ................................................................... 7
6.6 Political Activity ............................................................................................................... 7
6.7 Criminal Conviction – Ineligibility for Employment. ........................................................ 7
6.8 Tobacco Products ............................................................................................................ 8 ARTICLE 7: MANAGEMENT RIGHTS ...................................................................................................... 8
7.1 Exclusive Control of Certain Aspects ............................................................................... 8
7.2 Not Subject to Grievance Procedure. .............................................................................. 9 ARTICLE 8: COMPENSATION ................................................................................................................. 9
8.1 Salary Increase................................................................................................................. 9
8.2 Salary Advancement – Full-time Employees ................................................................... 9
8.3 Salary on Promotion. ..................................................................................................... 10
8.4 Salary on Demotion ....................................................................................................... 10
8.5 Salary on Reinstatement ............................................................................................... 11
8.6 Salary on Transfer.......................................................................................................... 11
8.7 Salary on Position Reclassification ................................................................................ 11
8.8 Special Salary Adjustments ........................................................................................... 11
8.9 Overtime ........................................................................................................................ 12
8.10 Other Compensatory Time Off ...................................................................................... 12
8.11 Call Out Pay. .................................................................................................................. 12
8.12 Compensation for Layoff ............................................................................................... 12
8.13 Compensation During Suspension ................................................................................ 12
8.14 Salary on Voluntary Demotion. ..................................................................................... 13
8.15 Compensation for Temporary Assignment to Higher Classification ............................. 13
8.16 Bilingual Pay .................................................................................................................. 14
8.17 Special Assignment Pay ................................................................................................. 14
8.18 Compensation for Vehicle Use ...................................................................................... 14
4.E.a
Packet Pg. 33
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 2 | P a g e
8.19 Restitution ..................................................................................................................... 14
8.20 Correcting Errors in Salary Rate and Other Provisions .................................................. 15
8.21 Certification and Education Incentives. ........................................................................ 15
8.22 Police Employee Court Appearance Time. .................................................................... 15
8.23 Management Incentive Pay........................................................................................... 16 ARTICLE 9: RECRUITMENT AND SELECTION ........................................................................................ 16
9.1 Physical Requirements .................................................................................................. 16
9.2 Separation ..................................................................................................................... 16
9.3 Voluntary Demotion ...................................................................................................... 16 ARTICLE 10: PROBATION ..................................................................................................................... 16
10.1 Probation Period ........................................................................................................... 16
10.2 Probation on Reinstatement ......................................................................................... 17
10.3 Objective of Probationary Period .................................................................................. 17
10.4 Satisfactory Completion of Probation Period ............................................................... 17
10.5 Unsuccessful Probation Period ..................................................................................... 17
10.6 Unsuccessful Reinstatement Probation ........................................................................ 17
10.7 Probation Following Layoff ........................................................................................... 17 ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES ................................................................................... 17
11.1 Purpose of Layoffs ......................................................................................................... 17
11.2 Order of Layoff .............................................................................................................. 18
11.3 Abolishment of Position(s). ........................................................................................... 18
11.4 Layoff Appeal ................................................................................................................. 18
11.5 Reinstatement List......................................................................................................... 18 ARTICLE 12: ATTENDANCE AND LEAVES ............................................................................................. 18
12.1 Attendance At Work; Absence Without Leave ............................................................. 18
12.2 Automatic Resignation. ................................................................................................. 19
12.3 Hours of Work ............................................................................................................... 19
12.4 Work Week .................................................................................................................... 21
12.5 Leave of Absence; Continuation of Benefits ................................................................. 21
12.6 Military Duty .................................................................................................................. 21
12.7 Vacation Leave .............................................................................................................. 22
12.8 Compensatory Time Off ................................................................................................ 22
12.9 Holiday-in-Lieu Pay and Observation of Holidays ......................................................... 23
12.10 Jury Duty ........................................................................................................................ 24
12.11 Bereavement Leave ....................................................................................................... 24
12.12 Family Medical Leave .................................................................................................... 24
12.13 Sick Leave ...................................................................................................................... 24
4.E.a
Packet Pg. 34
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 3 | P a g e
12.14 Sick Leave Accrued Limit and Payoff. ............................................................................ 25
12.15 Sick Leave Conversion ................................................................................................... 25
12.16 Effect of Absence on Sick Leave .................................................................................... 25
12.17 Family Illness Leave ....................................................................................................... 25
12.18 Unauthorized Leave ...................................................................................................... 26
12.19 Catastrophic Leave Donation ........................................................................................ 26 ARTICLE 13: GRIEVANCE PROCEDURE ................................................................................................ 27
13.1 Matters Subject to Grievance Procedures .................................................................... 27
13.2 Informal Grievance Procedure ...................................................................................... 27
13.3 Formal Grievance Procedure ......................................................................................... 27
13.4 Appeal to the City Manager .......................................................................................... 28
13.5 Extension of Time Limitations ....................................................................................... 28 ARTICLE 13.A DISCIPINE AND APPEALS PROCEDURES ......................................................................... 28
13.A.1 Standards of Conduct .................................................................................................... 28
13.A.2 Improper Employee Conduct ........................................................................................ 28
13.A.3 Disciplinary process ....................................................................................................... 28
13.A.4 Hearings, Appeals and Grievances ................................................................................ 30 ARTICLE 14: EMPLOYEE REPORTS AND RECORDS .............................................................................. 32
14.1 Personnel File. ............................................................................................................... 32
14.2 Disclosure of Information .............................................................................................. 32 ARTICLE 15: EDUCATION INCENTIVES ................................................................................................ 33
15.1 Education Incentives ..................................................................................................... 33 ARTICLE 16: FRINGE BENEFITS ............................................................................................................ 33
16.1 Enrollment in Group Insurance Plans ............................................................................ 33
16.2 Public Employees’ Retirement System .......................................................................... 35
16.3 Uniform/Equipment Allowances ................................................................................... 35
16.4 Deferred Compensation ................................................................................................ 36
16.5 Long Term Disability Income, Accidental Death and Dismemberment ........................ 36
16.6 Life Insurance ................................................................................................................ 36
16.7 Group Health Plan Continuation upon Retirement....................................................... 36
16.8 Additional Retirement Benefit ...................................................................................... 38
16.9 PERS 1959 Survivor Benefit ........................................................................................... 38 ARTICLE 17: AGREEMENT ALL INCLUSIVE ........................................................................................... 38
4.E.a
Packet Pg. 35
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 4 | P a g e
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CATHEDRAL CITY AND THE
CATHEDRAL CITY POLICE MANAGEMENT ASSOCIATION
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Cathedral City Police Management Association is recognized under the provisions of the Meyers-Milias-Brown Act of the State of California as the majority representative of the following employees:
Sergeant
Commander
Dispatch Supervisor
B. Representatives of the Cathedral City Police Management Association (hereinafter sometimes referred to as “ CCPMA”) and the City of Cathedral City (hereinafter sometimes referred to as the "City") have met and conferred in good faith on wages, hours, and other terms and conditions of employment for the employees represented by CCPMA in the bargaining unit listed above and have reached agreements which are set forth in this Memorandum of Understanding (hereinafter sometimes referred to as the "MOU" or "Agreement"). The parties have fully discharged their obligations to each other pursuant to the Meyers -Milias-Brown Act (“MMBA ,” Gov. Code § 3500 et.seq.) for all matters within the scope of representation for the term of this MOU.
C. This Memorandum of Understanding is established in accordance with the pro visions of the Meyers-Milias-Brown Act ( Government Code Section 3500, et seq.), effective only upon ratification by the City Council of the City of Cathedral City and by majority vote of the bargaining unit of employees represented by CCPMA.
Subject to the foregoing limitations, CCPMA and the City agree as follows:
ARTICLE 1 : MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR
DECERTIFICATION
The Association will maintain records of employee authorizations for dues deductions and shall provide the City with information regarding the amount of dues deductions and the list of Association members who have authorized dues deductions. To the extent required by the Government Code, the City shall rely on the information provided by CCPMA and deduct those authorized Association dues.
The Association agrees to indemnify and hold the City of Cathedral City harmless from any liabilities of any nature which may arise as a result of the application of provisions of this Article.
ARTICLE 2: SEVERABILITY
It is understood and agreed by the parties that this MOU is subject to all present and future applicable Federal and State laws and regulations, and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. The parties hereto
4.E.a
Packet Pg. 36
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 5 | P a g e
have bargained with regards to some provisions which are covered by the Fair Labor Standards Act, and, to the extent that the Fair Labor Standards Act permits employers and employee groups to contract for modification of the procedures otherwise utilized under the Fair Labor Standards Act, and to the extent that such modification is authorized by Federal law, the parties intend that this contract shall take precedence over the provisions of the Fair Labor Standards Act. If any part of this Agreement is in conflict or is found to be inconsistent with such applicable provisions of State or Federal law or regulation, or otherwise found to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended, and the provisions of the applicable laws and regulations shall prevail; in such event, however, the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.
ARTICLE 3: STRIKES AND/OR JOB ACTIONS
CCPMA, on behalf of all of its members, agrees that neither CCPMA, nor its representatives, nor members of the CCPMA, shall engage in, cause, instigate, encourage, or condone a strike or job action of any kind during the term of this Agreement.
ARTICLE 4: SUCCESSOR NEGOTIATIONS
Representatives of the City and CCPMA shall commence negotiations for a successor Agreement within a reasonable period of time prior to the expiration of this Agreement. The parties shall also make a good faith effort to conclude said negotiations prior to the expiration of this Agreement.
ARTICLE 5: TERM
The term of this Agreement shall be from July 1, 2022 through June 30, 2025. Except as otherwise agreed to in this Agreement, this Agreement shall not be reopenable for any purpose except by mutual agreement of the parties.
Unless otherwise provided for in this Agreement, all financial changes go into effect the pay period following ratification by the City Council.
ARTICLE 6: GENERAL PROVISIONS
6.1 Equal Employment Opportunity . Appointments and promotions of individuals shall be made on the basis of job related standards of education, training, experience, merit and ability. No appointment to or removal from a position in the City’s personnel system shall be affected or influenced by any consideration of race, color, or national origin, religious creed, ancestry, age, sex, marital status, physical disability, mental disability, medical condition, pregnancy, child birth or related medical condition, sexual orientation, domestic partnership status or religious opinion or affiliation, and and/or other l egally protected status.
6.2 Safety and Health . Each employee shall comply with CAL/OSHA safety laws, rules and regulations. All employees shall follow safe practices, use personal protective equipment
4.E.a
Packet Pg. 37
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 6 | P a g e
as required, render every possible aid to safe operations, and report all unsafe conditions or practices. Special equipment, if it is required, shall be provided by the City.
6.2.1 Intoxicating Substances. Employees shall avoid using intoxicating substances at least eight (8) hours prior to reporting to the scheduled work shift and at any time during the work day, including lunch or dinner breaks, except when necessary to conduct an approved investigation. Employees shall not have in their possession any intoxicating substan ces while on duty, unless the possession of such substances is in the course of their duties. No employee shall be on duty while impaired for the performance of duty or under the influence of alcohol, any unlawful drug or any controlled substances, or oth erwise be in violation of the department’s drug and alcohol policy.
6.2.2 Safety Equipment. Any safety equipment required by the City or by OSHA regulations shall be provided and replaced by the City; an employee will be responsible for replacement of equipment damaged through abuse.
6.3 Employee Activities. During the employee’s work day, he or she is expected to devote his or her full-time in the performance of his or her assigned duties as a City employee. No employee shall engage in any outside emp loyment, enterprise, or remunerated activity without the prior approval of his or her department head or appointing power. At no time shall any such outside employment or activity be conducted on City time. No employee shall engage in any employment, out side activity or enterprise which is inconsistent, incompatible, in conflict with, or interferes with his or her ability to perform the duties, functions or responsibilities of his or her position as a City employee, nor shall he or she engage in any outside activity which will directly or indirectly contribute to the lessening of his or her effectiveness as a City employee. No employee shall engage in any type of activity relating to an employee organization during such time as employee is on duty, except as expressly permitted by the City Manager or designee, State and Federal laws, MOU, or Council resolution.
6.4 Inconsistent Employee Activities . In making a determination as to the consistency or inconsistency of outside activities, the department head or appointing power shall consider, among other pertinent factors, whether the activity:
a. Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course of his or her City employment as a part of his or her duties as a City employee; or,
b. Involves conditions or factors which would be incompatible or in conflict with the duties, functions or responsibilities of the employee in his or her regular City employment; or,
c. Involves the performance of an act in other than his or her capacity as a local agency officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which he or she is employed; or,
4.E.a
Packet Pg. 38
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 7 | P a g e
d. Involves such time demands as would render performance of his or her duties as a local agency officer or employee less efficient; or,
e. Involves the use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or confidential information of one’s City office or employment; or,
f. Involves the solicitation of future employme nt with a business having business transactions with the City over which the employee has some control or influence in his or her official capacity at the time of the transaction.
6.5 Improper Use of City Equipment Prohibited . No City -owned equipment, au tos, trucks, instruments, tools, supplies, machines, badges, patches, identification cards, or other items which are the property of the City shall be used by an employee except upon prior approval of the employee’s department head or appointing power or d esignee duly authorized to give such approval.
6.6 Political Activity. Except as necessary to meet requirements, if any, of Federal law, no restrictions shall be placed on the political activities of any officer or employee of the City of Cathedral City other than the following:
a. Use of office, authority or influence to obtain change in position or compensation.
No employee shall, directly or indirectly, use, promise, threaten or attempt to use his or her office, authority or influence, to secure, or to obstruct or prevent another person from securing, any position, nomination, confirmation, promotion, or change in compensation or position within the City, upon the condition that his or her vote or another’s vote, influence or action shall be given or used on behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. (Government Code Section 3204.) b. Soliciting political funds or contributions from other officers or employees. No employee shall directly or indirectly solicit political funds or contributions from other employees of the City. The employee, however, is not prohibited from communicating through the mail or by other means, requests for political funds or contributions to a significant segment of the public which may include officers or employees of the City. (Government Code Section 3205.) c. No employee shall engage in political activity during working hours nor engage in political activities at any time on City premises. (Government Code Section 3207.) d. No employee of the City may engage, during his or her working hours, in the solicitation or receipt of political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rat e of pay, hours of work, retirement, civil service or other working conditions of the employees of the City; nor shall entry be permitted into the workplace during working hours for those purposes. (Government Code Section 3209.)
e. Employees, the City an d CCPMA shall in all other respects comply with the provisions of Government Code sections 3201-3209.
6.7 Criminal Conviction – Ineligibility for Employment. Except as otherwise hereinafter provided, no person convicted of a felony, or of a misdemeanor involving moral turpitude, shall be eligible for employment in the service of the City; provided, however, that the
4.E.a
Packet Pg. 39
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 8 | P a g e
City Manager may disregard such conviction, if he or she finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of conviction, or the fact that performing with in the classification applied for would not be affected by the conviction.
The City Manager and his or her authorized designees are hereby authorized to have access to the “State Summary Criminal History Information” as provided for in Section 11105 of the California Penal Code, in order to enable the City Manager to fulfill his or her duties in the employment, supervision and termination of City employees.
6.8 Tobacco Products. City employees are encouraged not to consume tobacco products as they are proven detriment to health, safety and productivity. Tobacco use is not allowed in City buildings. Tobacco use is not permitted while on duty if prohibited by existing department rules. Tobacco use is not permitted in City vehicles or other City equipment.
ARTICLE 7: MANAGEMENT RIGHTS
7.1 Exclusive Control of Certain Aspects . The City of Cathedral City retains all its exclusive rights and authority under State law, and expressly and exclusively retains its management rights and to exercise its management rights without the obligation to meet and confer over the decision to exercise any retained management rights, which include, but not be limited to:
a. the exclusive right to determine the mission of its constituent departm ents, commissions, and boards;
b. set standards and levels of service;
c. determine the procedures and standards of selection for employment and promotions;
d. direct its employees;
e. establish and enforce dress and grooming standards;
f. determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
g. maintain the efficiency of governmental operations;
h. determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
i. determine the content and intent of job classifications; j. determine methods of financing;
k. determine style and/or types of City -issued wearing apparel, equipment or technology to be used;
l. determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; m. determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City;
4.E.a
Packet Pg. 40
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 9 | P a g e
n. assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
o. establish and modify productivity and performance programs and standards; p. discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law; q. establish employee performance s tandards including, but not limited to, quality and quantity standards, and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and
r. exercise complete control and discretion over its organization and the technology of performing its work.
7.2 Not Subject to Grievance Procedure. The exercise by the City through its Council and management representatives of its management rights as set forth above shall not in any way, directly or indirectly, be subject to the grievance procedure. The City shall, on request of CCPMA, meet and confer on the impact, if any, of the exercise of any management rights. This, however, will not in any manner limit the city’s prerogative to exercise any retained management right.
ARTICLE 8: COMPENSATION
8.1 Salary Increase. Employees shall receive the following across -the-board increases during the term of this agreement, effective the first full payroll period following the following designated dates:
Sergeants:
3.0% Effective the pay period following ratification by the City Council.
3.5% Effective the first full pay period following July 1, 2023
3.5% Effective the first full pay period following July 1, 2024
Commanders:
3.5% Effective the pay period following ratification by the City Council.
4.0% Effective the first full pay period following July 1, 2024
4.0% Effective the first full pay period following July 1, 2025
8.2 Salary Advancement – Full-time Employees. Except as otherwise provided in this Article, full-time employees may be considered for an increase in salary according to the following rules:
a. Advancement to a next higher merit increase step may be made after a twelve (12) month interval from the hire date or from the effective date of the employee’s last increase, and for continued satisfactory service. A merit increase based on educational or P.O.S.T. Certificate Achievement shall not change the otherwise effective merit review date.
b. At the time of each employee’s next merit review, as extended, advancement to a next higher mer it increase step may be made. Thereafter, advance to a next higher merit step increase may be made after a twelve (12) month interval from
4.E.a
Packet Pg. 41
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 10 | P a g e
the hire date or the date of the last merit increase, whichever is most recent, for continued satisfactory service.
c. Except for the extension of the merit review date as specified in subparagraph a, advancement to the next higher merit increase step shall not be automatic. Such salary increase or denial of salary increase shall require the specific recommendation, th rough a performance evaluation, of the employee’s department head and the approval of the Human Resources Manager. When an employee is denied an increase, he or she may be reconsidered for such advancement at any subsequent time with a satisfactory performance evaluation. d. Except for the extension of the merit review date as specified in subparagraph a, advancement to merit step 6 and above may occur after two (2) years satisfactory service in the next preceding step in the respective salary range. Any such advancement shall be granted only as a result of a written evaluation of continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of his or her position. e. A 7.5% longevity pay a djustment shall occur after fifteen (15) years of City employment, and a 5% longevity pay adjustment shall occur after twenty (20) years of City employment. Further, a 2.5% longevity pay adjustment shall occur after twenty-five (25) years of City employment, effective 07/01/2015. f. Employees hired on or after January 1, 2013 are not eligible for longevity provisions described in Section e. above.
g. The parties agree that, to the extent permitted by law (2 CCR section 571 and 2CCR section 571.1), longevity pay shall be reported to CalPERS as special compensation or pensionable compensation.
8.3 Salary on Promotion. Any employee promoted to Sergeant will be placed at the step that provides a minimum of 15% increase over their prior base rate of pay at the time of promotion. Any employee promoted to Commander will be placed at the step that provides a minimum of 10% increase over their base rate of pay at the time of promotion.
Any employee promoted to Dispatch Supervisor will be placed at the step that provides a minimum of 5% increase over their prior base rate of pay at the time of promotion. No employee may be given a new base rate of pay that exceeds the highest merit/longevity increase step of th e new range. The employee’s merit review date shall change to the effective date of the promotion for consideration in subsequent years. “Base rate of pay” is the salary provided to the employee based on his/her step placement in the then - current publicly-available pay schedule, and shall not include any specialty pays, stipends, or other enhancements or increases that the employee may be entitled to in the position the employee holds prior to promotion.
8.4 Salary on Demotion . Any employee who is demot ed may be placed at a lower step, or may be placed at a step in a lower range or may be placed at step “Y” which is equal to the employee’s current salary step. The employee’s merit review date shall not change.
An employee receiving Step “Y” shall remain in the Step “Y” until such time as the position is assigned to a salary range in which the last step is equivalent to or higher than the Step “Y”, at which time the employee shall be placed in the next highest step. Such employee shall not receive salary adjustments until such time as Step “Y” is equivalent to or less than the highest merit increase step of the salary range of the employee’s position.
4.E.a
Packet Pg. 42
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 11 | P a g e
8.5 Salary on Reinstatement. An employee who resigned in good standing may, within one (1) year of such resignation and upon recommendation of the department head and approval of the City Manager, be reinstated in a position in the class in which the employee had previously served, subject to an available budgeted position and satisfaction of statutory and departmental requirements for reinstatement. Employees who are reinstated more than 180 days after their voluntary separation must satisfy the minimum selection requirements set forth in the POST Commission Regulations §§1951- 1955, which may include reading and writing ability assessment, oral interview, background investigation update, medical evaluation and psychological evaluation.
Employees who are reinstated within 180 days after their voluntary separation, on the other hand, are exempt from the se requirements. All reinstated employees must continue to meet the statutory requirements of Government Code sections 1029, 1031 and 1031.5.
Upon such reinstatement, the employee shall not receive a salary higher than the step in the salary range the e mployee previously received prior to the employee’s separation.
The employee shall be given a new hire date, for purposes of benefits and seniority.
8.6 Salary on Transfer . Any employee who is transferred from one position to another position in the same class, or to another position in a classification having the same salary range, shall be compensated at the same step in the salary range as the employee previously received. The employee’s merit review date shall not change.
8.7 Salary on Position Reclassification . When an employee in the classified service is reclassified to a lower classification, the employee shall retain his or her rate of pay and his or her merit review date or shall be placed in the step of the lower salary range closest to the employee’s salary rate. If the last step of the salary range of the lower job class is lower than the employee’s salary rate, the current salary step shall be identified as Step “Y” because of a downward reclassification, and the employee shal l remain in the Step “Y” until such time as his or her job is assigned to a salary range in which the highest step is equivalent to or higher than the Step “Y”, at which time the employee shall be placed in the next higher step. Such employee shall not re ceive annual or other periodic salary adjustments until such time as Step “Y” is equivalent to or less than the highest step of the salary range of the employee’s reclassified position. When an employee is reclassified to an equivalent classification, the employee shall retain his or her salary rate and merit review date. When an employee is reclassified to a higher classification, the employee shall be placed on Step A in the new higher range or placed at the step which is a minimum 5% salary increase for the employee, not to exceed the highest merit increase step of the new range. The employee’s merit review date shall change to the effective date of the reclassification for consideration in subsequent years.
8.8 Special Salary Adjustments. A department head may recommend in writing , to raise an employee’s salary step to a higher merit/longevity increase step prior to the eligibility times specified in this article so as to recognize meritorious service, advanced educational achievements or other extraordinary attributes related to the employee’s public service.
Such increased compensation is subject to the approval of the City Manager and the
4.E.a
Packet Pg. 43
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 12 | P a g e
availability of budgeted funds. The employee’s merit review date shall change to the effective date of the special increase.
8.9 Overtime. A department head may require an employee to work beyond the employee’s regular hours of employment . Any overtime hours worked by the Police Sergeants and Police Commanders will be paid overtime at the rate of one and one-half (1 ½) times the employees regular rate of pay or, compensatory time may be earned if the maximum accrual will not be exceeded (see Section 12.8).
Any overtime hours worked by Non -Sworn employees in excess of forty (40) hours in a work week shall be paid at one and one-half (1-1/2) times the employee’s regular rate of pay or compensatory time may be taken if the maximum accrual will not be exceeded (see Section 12.8).
However, this section will not apply to Police Commanders as effective July 1, 2023, Police Commanders will be classified as exempt employees and will no longer be eligible for overtime hours except , any overtime hours worked by Police Commanders, where the City is reimbursed by an outside party for the overtime hours (such as festivals), shall be eligible for overtime pay.
8.10 Other Compensatory Time Off . The City Manager may grant compensatory time off to any City employee in unique situations where actions of the employee, over and above the call of duty, clearly merit such consideration.
8.11 Call Out Pay. Dispatch Supervisors and Police Sergeants receive regular compensation for call-outs (including overtime, if applicable).
For Police Commanders only, the City shall pay for any call out during any weekend or after hours call out if the employee had been released from work on a normal business day. However, effective July 1, 2023, this section shall no longer apply, except as provided in 8.9 above.
8.12 Compensation for Layoff. An employee who is terminated from the classified service of the City as a result of a layoff shall be paid for accrued vacation and accrued overtime.
Payment shall also be made under the provisions of Section 1 2.14, if a laid off employee has three (3) or more years of employment with the City. Accrued sick leave shall be restored to an employee if the employee is re -employed within one (1) year. Should an employee be re-employed in the formerly held position, the employee shall be placed at the same salary step as when the layoff occurred. No credit shall be received toward a step increase or seniority during the period of layoff.
Employees who have att ained regular status at the time of layoff and who are re - employed within a period of one (1) year shall retain their assigned merit review dates.
Regular employees who are re-employed after a period of one (1) year will be assigned a new merit review date.
8.13 Compensation During Suspension . An employee who is suspended with pay under the disciplinary procedures shall be paid normal salary at that salary rate that the employee
4.E.a
Packet Pg. 44
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 13 | P a g e
was entitled to prior to the suspension. An employee who is suspended witho ut pay under the disciplinary procedures shall not be paid for those specific days of suspension.
Additionally, an employee suspended without pay shall not accrue sick leave, vacation, seniority or other benefits during a suspension of more than fifteen ( 15) working days, except that health and life insurance benefits will be maintained.
8.14 Salary on Voluntary Demotion. At the discretion of the City Manager, any employee who elects to take a voluntary demotion may be placed at a lower step, or may be placed at a step in a lower range or may be placed at Step “Y” which is equal to the employee’s current salary step. The employee’s merit review date shall not change.
An employee receiving Step “Y” shall remain in the Step “Y” until such time as the position is assigned to a salary range in which the highest merit increase step is equivalent to or higher than the Step “Y” at which time the employee shall be placed in the next higher merit increase step. Such employee shall not receive salary adjustments until such time as Step “Y” is equivalent to or less than the highest step of the salary range of the employee’s position.
8.15 Compensation for Temporary Assignment to Higher Classification . An employee may receive adjusted compensation of five percent (5%) of their base rate of salary for working in an assignment in a higher classification. Working at a higher classification shall mean that the employee is performing a significant part of the duties of a position in a higher salary range for a period of fifteen (15) consecutive working days or more.
Employees may not be assigned to work in a higher classification for longer than six (6) months. An extension of this time may be approved in writing with the concurrence of the Police Chief and the Human Resources Manager for up to an additional six (6) months, for a total term of twelve (12) months. However, when an appointment is made under this section due to a position that is vacant and is scheduled to be filled following the completion of a recruitment process, the temporary out-of-class assignment is limited to 960 hours in a fiscal year.
Employees who are assigned to work in a higher classification under this section will be notified that this placement is temporary, and that after the assignment, they will be returned to their regular position. At the end of the term of assignment to a higher classification, the employee will be returned to the rate of pay in the classification and step they would have achieved if they were never assigned to the out of class position.
Employees on any form of leave time in excess of 15 consecutive calendar days shall be deemed not to be assigned to the higher classification and shall be ineligible to receive the additional compensation under this section until the employee returns to duty and is reassigned to temporary assignment in a higher classification.
The parties agree that, to the extent permitted by law (2 CCR section 571), compensation for working at a higher assignment shall be reported to CalPERS as special compensation for Classic CalPERS members.
4.E.a
Packet Pg. 45
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 14 | P a g e
8.16 Bilingual Pay. Employees who have the ability to fluently converse in Spanish or another language designated by the Police Chief may be designated as a bilingual employee required to use their skills as a part of their City employment. This designation must be made by the Chief of Police or designee and approved by the City Manager or designee in writing. Designated sworn employees shall receive bilingual compensation in the amount of $215 per pay period unless or until said compensation is voluntarily eliminated by the employee. Designated non-sworn employees shall receive bilingual compensation in the amount of $90 per pay period unless or until said compensation is voluntarily eliminated by the employee. An employee’s refusal to use bilingual skills will result in the elimination of the bilingual pay. Eligible employees must successfully pass an initial assessment to receive such compensation. Changes to the assessment process are subject to meet and confer. Employees in this unit who already receive bilingual pay will be grandfathered in and do not need to take an initial assessment . However, new employees and employees coming into the unit (individuals promoted) must take and pass an initial assessment to be eligible to receive this pay.
Employees on any form of leave time in excess of 30 consecutive calendar days shall be deemed not to be using their bilingual skills on a regular basis and shall be ineligible to receive bilingual pay until the employee returns to duty.
The parties agree that, to the extent permitted by law (2 CCR section 571 and 2 CCR section 571.1), bilingual pay shall be reported to CalPERS as special compensation or pensionable compensation.
8.17 Special Assignment Pay. Sergeants who are assigned by the Police Chief to designated Special Assignments will be eligible for an additional stipend per pay period while assigned to the Special Assignment. Special Assignments are temporary in nature. The following are the approved special assignments:
Detective Sergeant $280 /pp
Police Administrative Officer/ Professional Standards $250/pp Police Liaison Premium/Homeless Liaison $250/pp
Narcotics $250/pp
Special Operations $250/pp
PACT Team Sergeant $250/pp
The parties agree that, to the extent permitted by law (2 CCR section 571 and 2 CCR section 571.1), special assignment pay shall be reported to CalPERS as special compensation or pensionable compensation.
8.18 Compensation for Vehicle Use. Compensation for an employee’s use of his/her personal vehicle shall be in accordance with the City’s Travel Expenses Policy.
8.19 Restitution. An employee may be required in a manner approved by the City Manager to provide restitution to the City for willful, wanton or malicious destruction of City property.
Restitution shall be treated as a disciplinary matter.
4.E.a
Packet Pg. 46
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 15 | P a g e
8.20 Correcting Errors in Salary Rate and Other Provisions. Should an employee be paid on the basis of a higher step in the salary range for his or her class than that for which he or she was recommended, or receive additional salary than that authorized, or accrue leaves or receive other benefits through error, such error shall be corrected immediately following its discovery. Reimbursement to the City by the employee of the overpayment caused by said error shall be made by one of the following methods or a combination thereof:
a. Application of accrued equivalent time off for overtime service; b. Application of equivalent time off for overtime service earned during the time immediately following the date of the discovery of said error; c. Application of the increase in the employee’s salary following his or her next merit or longevity merit salary increase; or
d. Any other method mutually agreed to.
Determination of which one or combination of the above methods of reimbursement should be used shall be made by the department head in consultation with the affected employee, subject to the approval of th e City Manager, subject to the grievance procedures of Article 13. Should the employee terminate before full reimbursement to the City has been made the money required to complete reimbursement shall be deducted from his or her last paycheck, if authorize d by law. Reimbursement shall not be sought for payments made more than one (1) year prior to discovery, unless the error was caused by the affected employee.
8.21 Certification and Education Incentives.
A. Dispatch Supervisor . Dispatch Supervisors who successfully completed a P.O.S.T. - approved civilian supervisory course shall be compensated with a $ 165 stipend per pay period. In addition, Dispatch Supervisors who possess a Bachelor of Arts or Bachelor of Science degree shall be compensated with a $165 stipend per pay period.
B. Police Sergeants. Police Sergeants who possess a P.O.S.T. Supervisory certificate shall be compensated with a $250 stipend per pay period. Police Sergeants who possess a Bachelor of Arts or Bachelor of Science degree shall be compensated with a $250 stipend per pay period.
C. Police Commanders . Police Commanders who possess a P.O.S.T. Management certificate shall be compensated with a $295 stipend per pay period. In addition, Police Commanders who possess a Master's degree shall be compensated with a $295 stipend per pay period.
8.22 Police Employee Court Appearance Time. A Police Sergeant and/or Commander who is scheduled to appear in Court during non -duty hours shall be paid for a minimum of four (4) hours for such appearance at his or her overtime rate. However, effective July 1, 2023, this section shall no longer apply to Police Commanders as provided in 8.9 above.
4.E.a
Packet Pg. 47
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 16 | P a g e
8.23 Management Incentive Pay . The City shall pay Police Commanders 1.55 hours per pay period of additional compensation as management incentive pay.
However, effective July 1, 2023, the City shall increase the incentive and from thereafter, pay Police Commanders 5 .00 hours per pay period of additional compensation as management incentive pay.
ARTICLE 9: RECRUITMENT AND SELECTION
9.1 Physical Requirements. The City Manager may require that each applicant and employee be in such physical and mental condition as reasonably necessary to properly perform the duties of his or her job and may require a medical or psychological evaluation at City’s expense at any time on a showing of good cause. No employee shall hold any position in a classification in which he or she cannot physically or mentally perform all the duties of the job adequately or without hazard to himself/herself or others. Within the limitations indicated, the City’s policy shall be to make such efforts as are consistent with the provisions of this Agreement to place physically disabled employees in such positions as are available in the City service for which they are qualified, where their disa bilities will not substantially interfere with their performance of duties. The employee’s qualifications, length of service, nature of past performance and the availability of openings may be considered in placing disabled employees. The City shall make reasonable accommodations for disability, as required by law.
9.2 Separation. An employee in the classified service may be separated from employment with the City through retirement, for mental or physical inability to perform the duties of the job, res ignation, probationary failure, death, dismissal, or layoff. An employee choosing to resign shall file with the employee’s supervisor a written resignation stating the effective date. Such resignation shall be presented at least two (2) weeks before leaving the service. (Failure to present the resignation in advance as specified shall justify a decision by the Human Resources Manager to note on the personnel file that the employee is not eligible for rehire.) The resignation shall be immediately reported to the Human Resources Manager. The other forms of separation described above are explained elsewhere in this MOU. Prior to separation, an employee must return all City items issued to him/her in order to receive final compensation, failing which the City may withhold from final compensation, to the extent permitted by law, the reasonable value of unreturned property.
9.3 Voluntary Demotion . An employee may request a voluntary demotion under the disciplinary procedures, in lieu of other discipline, or for reasons stated in a special request to the City Manager. The City Manager shall have full discretion in determining whether to approve such request. The employee will be placed in the top step of the salary range for the position to which the employee demotes.
ARTICLE 10: PROBATION
10.1 Probation Period . The initial probationary period for full -time employees of the City covered by this Agreement is twelve (12) months. Any employee promoted to a higher
4.E.a
Packet Pg. 48
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 17 | P a g e
level shall serve a probationary period of twelve (12) months before the promotion is final.
10.2 Probation on Reinstatement . Except as otherwise provided , in a written agreement , a reinstated employee serves a new probationary period of six (6) months. Reinstatements will not be permanent until the successful completion of this probationary period.
10.3 Objective of Probationary Period. The work and conduct of probationary employees shall be subject to close scrutiny and evaluation. The probationary period shall be regarded as a part of the t raining and examination process and shall be used for securing the most effective adjustment of a new employee to a position.
10.4 Satisfactory Completion of Probation Period . If a probationary employee’s probation period has been satisfactory, and advan cement to regular status is warranted, the department head shall so recommend on a Personnel Action Form together with a performance evaluation submitted to the Human Resources Manager. The City Manager, upon receipt of these documents, may authorize the end of the employee’s probationary period by the execution of a Personnel Action Form. The employee shall only then be advanced to regular status upon completion of the probationary period.
10.5 Unsuccessful Probation Period. If a probationary employee’s initial probation period has not been satisfactory, it shall be so stated in a Personnel Action Form. The City Manager, by signing the Personnel Action Form, may authorize the release of the employee without cause and without the right of appeal or grie vance, unless otherwise required by law, except that a probationary promotional employee, shall be returned to the position from which he or she had been promoted. Notification of failure of probation or other action shall be in writing and shall be given to the probationary employee prior to release from employment for any initial probationary employee, or return to the former position for a promotional probationary employee.
10.6 Unsuccessful Reinstatement Probation . If a probationary employee’s perfor mance following reinstatement has not been satisfactory, it shall be so stated in a performance evaluation. In cases involving reinstatement, the City Manager upon receipt of a performance evaluation, may authorize the release of the employee under the provisions of Section 10.5.
10.7 Probation Following Layoff . Employees laid off while on probation must serve a new probationary period following re-employment.
ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES
11.1 Purpose of Layoffs. For reasons of economy, of efficiency, or in the interest or mandate of the public, reductions or curtailments of the City services may be required. Whenever, in the judgment of the City Council, it becomes necessary, the City Council may abolish any position or employment and the employee holding such position or employment may be laid off.
4.E.a
Packet Pg. 49
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 18 | P a g e
11.2 Order of Layoff. In the event of a layoff the following order shall be followed:
a. Temporary, interim and probationary employees.
b. In the case of the Police Department, the order of layoff shall be determined based on seniority in rank.
c. There shall be “bumping” rights within the CCPMA membership within the department, such that individuals in higher -ranking positions, if meeting the criteria in subsection b above, will “bump” into a lower rank if layoffs occur. d. For those members of the Association who are laid off, the City shall provide severance pay in an amount equal to three months’ salary. e. For those members of the Association who may be laid off, the City shall be obliged to return them to the position from which they were laid off if an opening in that position should occur, within one year of the effective date of the layoff.
11.3 Abolishment of Position(s). When layoffs are to occur, the City Manager shall prepare a list of those positions to be abolished in each department. For each affected department, the City Manager shall assemble a list of those employees within the classification designated for posi tion abolishment. Such list shall be forwarded to the appropriate department head. The department head shall prepare a list establishing the order of employee layoffs within a classification. The department head shall determine the individual layoff ranking of each employee based upon seniority. In this order, temporary, interim and probationary employees shall be laid off prior to the layoff of any regular employee within the same classification in the department.
11.4 Layoff Appeal. A regular employee shall have the right to request review on appeal. Such request must be made in writing to the City Manager within five (5) working days after receipt of a layoff notice. The City Manager shall prepare and deliver a decision on the appeal within five (5) working days after receipt of the appeal.
The scope of the appeal shall not include such issues as the need for layoff, the reasons for layoff, the extent of layoff, the classifications selected for layoff, or the exercise of other City prerogatives involved in layoff. The issues of such appeal shall be limited only to whether or not there was substantial compliance with the procedures for layoffs and the established order of departmental layoff within a classification.
11.5 Reinstatement List. In the event of layoff of permanent employees, the employee shall be carried for up to one (1) year on a reinstatement list, and shall be entitled to re - employment consideration for any position for which he or she is qualified. Placement on such list does not assure re-employment for any particular vacancy, but does assure eligibility for consideration. Any reinstated employee shall serve an initial probationary period as specified in Section 10.1.
ARTICLE 12: ATTENDANCE AND LEAVES
12.1 Attendance At Work; Absence Without Leave. Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees, which shall be reporte d
4.E.a
Packet Pg. 50
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 19 | P a g e
to the Administrative Services Director, or his or her designee, in the form and on the dates they shall specify. Failure on the part of an employee, absent without leave, to return to duty within forty-eight (48) hours after a due notice to return to work has been delivered shall be cause for immediate dismissal. A certified letter delivered by U.S. mail to the employee’s last known address shall be reasonable notice.
12.2 Automatic Resignation. Absence without leave, whether voluntary or involuntary, for five (5) consecutive working days, is an automatic resignation from City employment, as of the last date on which the employee worked. Any employee who fails to report for work within forty-eight (48) hours after delivery of a notice as specified in Section 12.1 above, who by the expiration of the forty-eight (48) hours has missed or will have missed five (5) or more consecutive working days, shall also be deemed to have resigned from City employment, as of the last date on which the employee worked. Upon a determination by the department head or Human Resources Manager that such an absence has occurred, and that the employee has resigned, notice of the deemed automatic resignation and of the employee’s right to request reinstatement for good cause u pon timely request therefor, shall be sent by ordinary first class mail, postage prepaid thereon, or by certified mail, or both, to the employee at his or her last known address. An employee who has been deemed to have automatically resigned in accordance with the terms of this Section shall have fifteen (15) days after the date of mailing of such notice within which to request reinstatement. Any request for reinstatement must be made in writing and must be received by the City within fifteen (15) days of the date of mailing of the notice. Request for reinstatement may be made within ninety (90) days after the effective date of the deemed resignation if the notice specified above was not sent to the employee in the manner specified in this Section. Reinstatement shall be granted only if the employee makes a satisfactory explanation to the department head as to the cause of his or her absence and as to the reason for his or her failure to obtain leave therefor.
Evidence that the employee reasonably believ ed leave had been granted shall justify reinstatement. The department head, to order for reinstatement to occur, shall find that the employee is ready, able and willing to resume the performance of the duties of the employee’s former position or, if not t hen able to immediately resume such duties, the department head may consent to a leave of absence to commence upon reinstatement.
An employee so reinstated shall not be paid salary for the period of his or her absence or separation or any portion thereof. Denial of reinstatement shall be subject to appeal and guided by Government Code Section 19996.2 and case law related thereto, including Phillips v. California State Personnel Board (1986) 184 Cal. App. 3d 651, 229 Cal. Rptr. 502, and in such appeal the City shall have the burden to establish that the absence was in fact unauthorized and that the department head reasonably believed the employee had abandoned his or her employment.
12.3 Hours of Work. Daily hours of work (or shifts) for employees within departments shall be assigned by department heads as required to meet the operational requirements of said department. Any foreseeable absence or deviation from regularly scheduled working hours desir ed by an employee shall, in advance be cleared through the employee’s department head, and such absences shall be noted on the employee’s time sheet.
4.E.a
Packet Pg. 51
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 20 | P a g e
Unless otherwise authorized by the City Manager, the City offices shall be kept open for regular business on all days of the year except , Saturday, Sunday and holidays approved by Council. Employees for whom necessity requires a different regular work schedule than that generally applied, shall work according to a work schedule approved by the employee’s department head.
12.3.1 Work Schedule Affecting Association Members of the Police Department Assigned to Patrol. A 3/12 work schedule is in place for Police Sergeants assigned to teams.
Operations Division Manager and specifically designated assignments work a 4/10 work schedule. The Chief of Police will evaluate schedules continuously for effectiveness and cost -savings, and may modify or cancel schedules at his sole discretion with 180 days’ notice except for emergency situations or to ensure appropriate coverage.
The parties agree that if the Cathedral City Police Officers Association agrees to modify their schedules from a 3/12 to a different schedule, then Sergeants assigned to Patrol will shift the same schedule as the CCPOA. The City agrees that any such change will allow for a minimum of 180 days’ notice to affected Sergeants.
12.3.2 Work Schedule; Police Sergeants; Police Commanders; Administrative Duties .
Police Sergeants and Commanders shall be regularly scheduled to work eighty (80) hours during a two (2) week pay period (FLSA 7k exemption) . Police Sergeants and Commanders also may be assigned up to, but no more than, six (6) additional hours of work to provide time for administrative duties, payable at a Sergeant’s or Commander’s regular hourly rate. Such administrative duties may include, but are not limited to, preparation of patrol briefings, specialized projects, specialized details or assignments, community presentations, department training assignments and/or other responsibilities which are administrative in nature. This time represents discretionary administrative time and is not meant to replace scheduled overtime or unanticipated overtime that is not administrative in nature.
12.3.3 Work Schedule (Non-Sworn Employees) – Non-Sworn employees are generally scheduled to work a 4/10 schedule and shall be scheduled within the workweek to meet the needs of the Department. I f the employee works in excess of forty (40) hours in a work week, such employee shall be paid at one and one -half (1- 1/2) times the employee’s regular rate of pay.
Non-Sworn employees are entitled to unpaid meal periods during which they shall be entirely relieved of responsibilities a nd restrictions. Such time shall not constitute hours worked. Non-exempt employees shall be entitled to 30 -minute unpaid meal periods. Supervisors shall schedule meal periods to ensure appropriate coverage. All employees shall take reasonable measures whe rever feasible to avoid the need for work to be performed during meal periods. Where required, time spent on such work shall be kept to a minimum, and may only occur with the prior authorization of a supervisor. Non -Sworn employees who work during their meal periods shall be paid for time worked.
4.E.a
Packet Pg. 52
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 21 | P a g e
Non-Sworn employees are entitled to two 15-minute paid rest periods during each continuous period of work over 3.5 hours. Breaks shall be included in the calculation of “continuous period.” Such time shall constitute hours worked.
Supervisors shall schedule rest p eriods to ensure appropriate coverage. Rest periods shall not be taken at the start or end of the workday , and shall not be combined with the employee’s meal period.
12.4 Work Week. The non-sworn work week shall consist of (40 hours during the seven (7) day period beginning at 12:01 a.m. Sunday and ending Midnight the following Saturday.
12.5 Leave of Absence; Continuation of Benefits . The City Manager, with the concurrence of the affected department head, may grant a regular employee a leave of absence for a period not to exceed one year. No such leave shall be granted except upon written request of the employee setting forth the rea son for the request. Approval shall be in writing.
Upon expiration of an approved leave, the employee shall be reinstated in the position held at the time leave was granted, subject to the conditions of the leave or as provided by State and/or Federal la ws. Failure on the part of an employee on leave to report promptly at its expiration shall be cause for dismissal. The depositing in the U.S. mail of a certified letter, addressed to the employee’s last known place of address shall be reasonable notice of dismissal for failure to return to work.
Such a leave shall generally be without pay, provided that the City Manager shall have discretion to grant pay for the first fifteen (15) consecutive work days. Any employee on an approved leave of absence shall accrue no vacation and no sick leave after fifteen (15) consecutive work days. City contributions to retirement, health and medical plans shall be suspended until the employee is reinstated. An employee who is on leave of absence shall be responsible for reimbursing the City for any payroll deductions that the employee has authorized. An employee reinstated after a leave of absence shall receive the same step in the salary range the employee received when the leave of absence began. Time spent on such leave shall not count towards service for increases within the salary range or benefit accruals. The employee’s anniversary shall be set forward in time one month for each thirty (30) consecutive calendar days taken. The employee shall retain accumulated vacation credits, sick leave credits, and other similar credits; however, such credits or seniority shall not accrue to a person granted such leave during the period of absence. When an employee is granted a leave of absence without pay, the City shall discontinue payment of medical, health, and other similar insurance premiums for the employee and dependents. At the time the employee requests a leave of absence, the employee may pre -pay the insurance premiums by depositing funds with the Finance Department prior to the expiration of coverage, provided that such a continuation of coverage is authorized by the City’s contract for medical insurance.
12.6 Military Duty. Military leave of absence shall be granted in accordance with State and Federal law, and resulting administrative provisions developed by the City.
4.E.a
Packet Pg. 53
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 22 | P a g e
12.7 Vacation Leave.
12.7.1 Vacations. All employees shall accrue vacation credits according to the following schedule:
Hrs./Pay Period Hrs./Yr.
Less than 2 years employment 3.69 96
2 years to 5 years 4.62 120
6 to 9 years 5.54 144
10 to 14 6.46 168
15 years or more 8.31 216
12.7.2 Vacation Accumulation; Cashing Out Option. Employees are encouraged to use their accrued vacation time annually and will be allowed to use their accrued vacation regardless of any impact on overtime . Earned vacation credits shall be accumulated. Employees may, however, carry over unused vacatio n credits to succeeding calendar years. Except upon written approval by the City Manager, accumulated vacation credits shall not exceed the employee’s two (2) year maximum rate of accrual. Accumulated vacation time which exceeds the two (2) year accrual maximum, and is not carried by approval, must be paid as time worked.
Upon a four (4) week prior written request, one (1) time per calendar year, each employee may receive pay for unused vacation time; provided, however, that a minimum of at least once in the preceding twelve (12) months, forty (40) hours of vacation time or vacation time combined with credited holiday leave is taken off in a block which guarantees a minimum of one (1) full work week off at one time.
The City Manager may waive this condition if he or she is satisfied adequate vacation will be taken in the immediate future.
12.7.3 Holidays or Illness Within Vacation Period. Holidays falling within the vacation period shall not be considered as part of the employee’s vacation and shall not be charged against vacation credits. Illness during a vacation period shall not be considered as sick leave, unless confirmed by a physician’s statement and approved by the City Manager.
12.7.4 Vacation Credits When Employment Terminates. Upon t ermination of employment, an employee shall be paid for unused vacation credits.
12.7.5 Effect of Absence on Vacation Crediting. Absence due to sick leave or other approved leave of absence will not affect computations for vacation credits unless such absences exceed one month, in which case the time over one month (unless such absence is for vacation being used) shall be excluded from computation.
12.8 Compensatory Time Off . Any sworn employee who is a member of the bargaining unit represented by CCPMA shall be authorized to accumulate, to the extent allowed by the
4.E.a
Packet Pg. 54
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 23 | P a g e
Fair Labor Standards Act (“FLSA”), up to one hundred sixty (160) hours of compensatory time. Any non-sworn employee shall be authorized to accumulate, to the extent allowed by the FLSA, up to eighty (80) hours of compensatory time. The accumulation of such hours shall be in accordance with the Fair Labor Standards Act. If a sworn employee has more than one hundred sixty (160) hours or a non-sworn employee has more than eighty (80) hours of “comp” time on the books, over-time work shall be paid.
Effective July 1, 2023, this section shall no longer apply to Police Commanders except as provided in 8.9 above.
Note that time that is worked by an employee where the City is reimbursed by an outside party (such as a festival) is ineligible for CTO and any such overtime worked must be paid to the employee.
Sworn employees shall be authorized to accumulate 160 hours of compensatory time off.
Non-sworn employees shall be authorized to accumulate 80 hours of compensatory time off. Upon receipt of a four (4) week prior written request, each employee may receive pay for all or part of the compensatory time they have accrued, at the employees then current regular rate of pay. The City recognizes the vested nature of such accumulated hours. The use of compensatory time off shall be taken by the employee, if the employee so elects, only at a time satisfactory to the department head.
12.9 Holiday-in-Lieu Pay and Observation of Holidays . Police Sergeants and Commanders do not receive holiday leave, and holidays are not observed. These employees may be required to work on a holiday without any enhanced compensation or consideration. In lieu of receiving Holiday leave, Police Sergeants and Commanders will receive Holiday-in- lieu pay in the amount of 5.75% of a Commander’s base rate of pay, and 6.0% of a Sergeant’s base rate of pay.
12.9.1 Holidays/Float Hours: for Non-Sworn employees:
A. Holidays: The public offices of the City of Cathedral City shall be closed on the dates set forth in the approved Annual Holiday Council Resolution. If the holidays fall on the employee’s regular day off, the value of the holiday will be credited as a floating holiday.
B. Float: In addition, employees shall be credited with two floating holiday hours (equivalent to their shift) with the first credited on January 1, the second credited on July 1 to bring a total combined hours of holiday and float hours to 144 per calendar year.
Extra Pay for Working on a Holiday: Non-Sworn employees required to work on a holiday by a supervisor in order to maintain City services shall be paid their regular straight time pay, plus extra compensation of time and one half at the employees’ regular rate of pay for the hours worked on the holiday (therefore, total compensation for a non -sworn employee working on a holiday will be 2.5 times the employee’s regular rate of pay).
4.E.a
Packet Pg. 55
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 24 | P a g e
12.10 Jury Duty. An employee summoned to and serving on jury duty shall submit evidence of the Summons to the department head. The employee may be absent from duty with pay for time required to be away from the employee’s regularly scheduled work hours. An employee who is released by the court from jury duty on any regularly scheduled work day shall return to work to complete any remaining portion of regularly scheduled work hours unless otherwise excused by the department head. The employee shall be entitled to retain juror fees as reimbursement for expenses associated with jury duty. Those employees who work shifts slightly off the normal jury duty scheduled will have their shifts adjusted to match that of jury duty.
12.11 Bereavement Leave. Bereavement leave with pay, not to exceed three (3) days per year, shall be allowed for full -time employees at the discretion of the City Manager. If the employee needs additional time off due to the death of a member of the employee ’s immediate family, said time off shall be taken from the employee’s accrued sick leave.
Leave shall be based on demonstrated need and shall be limited to death within the immediate family. The immediate family is defined as the employee’s mother, father, brother, sister, spouse/domestic partner, children, grandparents, and legal guardians, or any in-law bearing one of those relationships to the employee’s spouse/domestic partner.
12.12 Family Medical Leave. Family-related medical leave shall be granted in accordance with Federal and State law, and resulting administrative provisions developed by the City.
12.13 Sick Leave . An employee may use accrued sick leave for illness of the employee or physical incapacity of the employee due to illness or injury, or for physical examinations, including eyes, dentist appointments or other commonly accepted health related matters. Employees shall be eligible to use sick leave to attend to a seriously ill parent, child, spouse or domestic partner to the extent allowed by Labor Code section 233.
All regular full-time employees working a 40-hour work week shall be credited with 3.69 hours of sick leave per pay period, or major fraction thereof. Accrued sick leave may be used for illness of the employee or physical incapacity of the employee, or for physical examinations, including eyes, dentist appointments or other commonly accepted health related matters.
If an absence because of illness or disability ex tends beyond two (2) consecutive scheduled work days or the employee has used more than four (4) sick days in a calendar year, the employee may be required to submit a physician’s written certification to the department head before the employee is eligible to receive sick leave pay.
Observed holidays occurring during sick leave shall not be charged against an employee’s accrued sick leave.
An employee may be required to take physical examinations at periodic intervals while on sick leave from a physician designated and paid for by the City.
In the event that an employee uses all the sick leave he/she has accrued, he/she then shall have the vacation days he/she has accrued deducted for each day he/she is absent due to illness. Vacation days shall continue to be deducted until the employee either
4.E.a
Packet Pg. 56
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 25 | P a g e
returns to work or all of accrued vacation days are used. The employee may apply to receive a leave of absence without pay if the employee does not have any accrued vacation or sick days.
12.14 Sick Leave Accrued Limit and Payoff.
Tier One Employees (hired prior to January 1, 2013). Any unused portion of accumulated sick leave may be carried over into the next calendar year provided however, an employee’s accumulated sick leave may not exceed 960 hours unused sick leave; sick leave over the maximum will be paid out in November of each year. However, to encourage attendance at work and discourage the frivolous use of excess s ick leave, employees with continuous employment of five (5) years or more may receive a payment of 25% of unused sick leave when they resign or retire.
Employees with continuous employment over nine (9) years may receive 50% of the unused sick leave when they resign or retire. Compensation shall be paid at the employee’s straight time.
Upon four (4) weeks advance notice, one (1) time in any fiscal year, an employee is entitled upon request to payment for accumulated sick leave in excess of three hundred eighty (380) hours; payment shall be base salary rate.
Employees hired on or after January 1, 2013, may accrue sick leave without limit, but may not cash out unused sick leave.
12.15 Sick Leave Conversion. Tier One employees with at least three (3) years employment with the City may at their option convert accrued sick leave in excess of one hundred twenty (120) hours to be vacation days in accordance with the following schedule:
Employees with more than three (3) Two (2) hours of sick leave to one (1) year’s employment with the City hour of vacation
Employees hired on or after January 1, 2013, may not cash out sick leave or convert sick leave to vacation leave. Instead, sick leave may be converted to PERS service credit upon retirement.
12.16 Effect of Absence on Sick Leave . Absence due to sick leave or other approved leave of absence will not affect computations of sick leave unless such absence exceeds one (1) month, in which case that month or more, shall be excluded from computation.
12.17 Family Illness Leave. If an employee requests to be absent from duty because of illness in the employee’s immediate family, which requires the employee’s attendance, the City Manager may approve use of the employee’s accrued sick l eave not to exceed the equivalent of one half of the employee’s annual sick leave accrual amount . The immediate family is defined as mother, father, brother, sister, spouse, domestic partner, children, grandparents, in-laws and legal guardians. Where the employee and reason for leave qualify, the employee will be eligible for leave under FMLA and the California Family
4.E.a
Packet Pg. 57
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 26 | P a g e
Rights Act (CFRA) and be subject to all of the rights and obligations under both FMLA and CFRA.
12.18 Unauthorized Leave. Any employee w ho is absent from work without approved leave shall be subject to termination.
12.19 Catastrophic Leave Donation . Circumstances may arise where an employee or the employee’s immediate family may suffer an unforeseen event, which may have a catastrophic ef fect on the employee and/or the employee’s family. Under such a circumstance the employee may request leave donation from fellow employees under the following procedures:
12.19.1 Employee’s Own Personal Extended Illness. An employee who is suffering from a serious illness or a serious accident may have sick leave donated to cover the cost for the City -provided health insurance upon expiration of family medical leave. This leave donation shall only cover the cost of any insurance plan offered by the City and shall not be used for salary.
12.19.2 Serious Illness or Injury of a Member of the Employee’s Immediate Family. An employee whose immediate family member is suffering from a serious illness or injury may have leave donated to provide him/her time off from work to care for that family member.
12.19.3 Leave Donation Eligibility Procedures.
12.19.3.1 The employee seeking leave donation must have exhausted all available leave, sick leave, vacation leave and compensatory leave.
12.19.3.2 The employee must submit a request for leave donation to the Human Resources Office for review and approval of the City Manager or designee. The employee will be required to provide medical documentation for the need of this leave donation.
12.19.4 Leave Donation Procedure.
12.19.4.1 The donation of leave is voluntary and is irrevocable once donated.
12.19.4.2 Employees wishing to donate leave will submit to the Human Resources Office an authorization for transfer of leave form.
12.19.4.3 Employees may donate accrued sick leave in excess of 96 hours with a maximum donation of eight (8) hours of sick leave.
12.19.4.4 Employee may donate a maximum of eight (8) hours of accrued vacation leave.
12.19.4.5 The donated leave will be put into a “Ca tastrophic Leave” account and can only be used to care for the immediate family member or to pay for
4.E.a
Packet Pg. 58
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 27 | P a g e
the cost of insurance offered by the City for those persons suffering from a personal illness for which the leave was donated.
12.19.4.6 Donated leave wil l be credited to the “Catastrophic Leave” account on an hour -for-hour basis . In no case shall the total amount of leave exceed eight (8) hours of sick leave and eight (8) hours vacation leave per donor.
12.19.4.7 Any time remaining in the employee ’s “Cat astrophic Leave” account upon return to work will be transferred to a “Catastrophic Leave Bank” for use by other employees who qualify under the provisions of this Article. The “Catastrophic Leave Bank” will have a cap of 320 hours.
Any remaining leave in excess of 320 hours will be converted to a cash value and placed in a fund for an employee program to be determined at a later date.
12.19.4.8 In no case will an employee be able to convert the donated leave to cash or be paid for any remaining balance of donated leave.
12.19.4.9 All donations will be maintained as confidential information.
ARTICLE 13: GRIEVANCE PROCEDURE
13.1 Matters Subject to Grievance Procedures. A grievance is a complaint by an employee that the employee has been adversely affected due to a misinterpretation or misapplication of this MOU, or, where a grievance is specifically authorized in this Agreement, that the action grieved is excessive, un duly harsh or unjustified. Disciplinary action or the appeal of disciplinary action is not subject to the grievance procedure.
13.2 Informal Grievance Procedure. Every effort shall be made to resolve a grievance through discussion between the employee and/or the employee’s designated representative, and the employee’s immediate supervisor. If, after such discussion, the employee does not feel that the grievance has been satisfactorily resolved, the employee shall have the right to discuss the matter with the supervisor’s superior, if any, within the department organization. Otherwise, the employee shall have the right to discuss the matter with the department head.
13.3 Formal Grievance Procedur e. If the employee is not in agreement with the decision rendered in the informal grievance procedure, an employee shall have the right to present a formal grievance in writing to the department head within ten (10) calendar days after the occurrence of the incident in the grievance. The department head shall meet with the employee and/or the employee’s designated representative within ten (10) working days after the department head’s receipt of the written grievance. The department head shall review the grievance and render a decision in writing and return it to the empl oyee and/or the employee’s designated representative within ten (10) working days after meeting with the employee.
4.E.a
Packet Pg. 59
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 28 | P a g e
13.4 Appeal to the City Manager . If the employee does not agree with the decision reached by the department head, the employee may present an ap peal in writing to the City Manager within ten (10) calendar days after the employee’s receipt of the department head’s decision. The appeal shall be signed and delivered to the Human Resources Manager who shall set a meeting with the City Manager and the employee and/or the employee’s representative to discuss the grievance within ten (10) calendar days. Within ten (10) calendar days the City Manager shall deliver a copy of the decision to the employee and/or the employee’s representative and the department head. The decision of the City Manager shall be final, and shall not be appealable to the City Council.
13.5 Extension of Time Limitations. All time limitations mentioned in the Grievance Procedure may be extended by mutual written agreement between the City and the employee.
ARTICLE 13.A DISCIPINE AND APPEALS PROCEDURES
13.A.1 Standards of Conduct. It is expected that all City employees shall render the best possible service and reflect credit on the City, and therefore, high standards of conduct are essential.
13.A.2 Improper Employee Conduct. Improper conduct may be cause for disciplinary action up to and including termination of employment. The term “improper conduct” means not only any improper action by an employee in the employee’s official capacity, but also conduct by an employee not connected wit h the employee’s official duties that affects the employee’s ability to perform official duties, and any improper use of the position as an employee for personal advantage. In addition, improper conduct includes, but is not limited to, violation of law and/ or any City or Department rule, policy, or procedure.
13.A.3 Disciplinary process . The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to remedy violations of l aw and/ or any City or Department rule, policy, or procedure. The City will verbally counsel an employee when circumstances warrant it, prior to taking any formal disciplinary action. This gives the supervisor an opportunity to communicate in a non-disciplinary fashion that a problem is perceived and that the supervisor is available to help solve it.
Discipline may be initiated for various reasons, including, but not limited to, violations of law and/ or any City or Department rule, policy, or procedure. The severity of the action depends on the nature of the offense and an employee’s record, and may range from verbal counseling to immediate dismissal.
The disciplinary process outlined below has been established to provide general guidelines for a fair me thod for disciplining employees. Disciplinary actions imposed under this article shall be in accordance with section 3300 -3311 of the California Government Code.
4.E.a
Packet Pg. 60
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 29 | P a g e
13.A.3.1 Normal progressive discipline sequence:
A. Verbal Reprimand: To communicate to the employee that a repeat action may result in more serious disciplinary action. (Not appealable)
B. Written Reprimand: A written communication to the employee that the same or related offense has been committed. A copy of this warning is given to the employee and one copy is filed in the employee’s personnel file. Written reprimands may be appealed to the Chief of Police within ten (10) calendar days. The decision of the Chief of Police shall be final. In addition, the employee may submit a w ritten response within thirty (30) calendar days. The employee’s response will be attached to the written reprimand.
C. Suspension: Temporary removal of an employee from his/her duties without pay for misconduct. Employees may be suspended on the spot by their immediate supervisor when there is a clear threat to the safety of other employees or the public. (Managers must notify the Human Resources Director when instituting an on-the-spot suspension as soon as it is practical.)
D. Demotion: This step involves either the reduction in pay step or reduction in class.
E. Dismissal: The final step in the disciplinary process.
13.A.3.2 Disciplinary Procedure: Although one or more of these steps may be taken in connection with a particular employee, no formal order or system is necessary.
The City reserves the right to deviate from this sequence when it feels that circumstances are so severe that such a deviation is warranted. The City Manager or designee is vested with the authority to determine the appropriate course of action.
Further steps in the discipline involving suspension, demotion or dismissal should not be taken without consulting the department head and the Human Resources Director.
A. Suspension, Demotion, Dismissal. Subject to the Hearings and Appeals Procedures specified in Section 13.A.4, the City may impose a suspension without pay upon an employee when, in his/her judgment, such action will best serve the interests of the City. Such suspension shall, however, not exceed a period of thirty (30) working days except that if the suspension is imposed because of an employee’s trial by a court of law, the suspension may extend to such time as that court has rendered its decision.
4.E.a
Packet Pg. 61
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 30 | P a g e
B. Suspension without Pay. Suspensions shall occur only after t he notice procedures specified in Section 13.A.4.1 and shall be subject to appeal in accordance with Section 13.A.4.2.
C. Demote a regular employee to a position in a lower class with an appropriate reduction in pay or a reduction in pay step, for reason s including, but not limited to, unsatisfactory performance.
D. Dismiss for cause any regular employee.
13.A.4 Hearings, Appeals and Grievances . Only discipline involving suspension, demotion or dismissal is subject to an appeal as outlined below.
13.A.4.1 Pre-Discipline Meeting Procedures.
Prior to undertaking the personnel actions set forth in Section 13, the department head or designee shall first provide the employee with a written specification of reasons for the proposed action and all docume nts relied on to support the action being taken. The statement shall either be delivered personally to the employee or sent by Certified Mail, Return Receipt Requested, and shall notify the employee of his/her right to request a meeting with the department head. The employee may, accordingly, request a meeting to determine if there is cause for the proposed personnel action. A request for a meeting must be in writing and must be delivered to the department head on or before five (5) working days after the e mployee’s receipt of notice of intended action.
Upon receipt of the Request for Meeting, the department head shall notify the employee of the time and place for a meeting to be held not later than ten (10) working days after receipt of the request therefo re. The employee shall be entitled to be present at such meeting together with an attorney and/or designated representative. The meeting is to be conducted by the department head or designee and shall provide the employee with the opportunity to refute, explain, or otherwise address the proposed statement of charges. All decisions of the department head or designee shall be rendered within ten (10) working days after conclusion of the meeting, and shall be final unless timely appealed by the employee as provided in the section 13.A.4.2.
13.A.4.2 Appeals Procedures.
Any regular employee subjected to any disciplinary action set forth herein (suspension, demotion or dismissal) may appeal any decision of the department head or designee by filing a written Notice of Appeal with the City Manager or designee within five (5) working days after his/her receipt of the decision. The employee’s appeal shall be heard by an impartial hearing officer selected in a manner mutually agreeable to the City Manager and the employee; if no agreement is reached the hearing officer shall be selected
4.E.a
Packet Pg. 62
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 31 | P a g e
from a list of advisory arbitrators from the California State Mediation Conciliation Service or from a list agreed to between the City Manager and the employee. This will occur at a selection meeting, to be set by the Human Resources Director or his/her representative.
The arbitrator selection must occur within ten (10) working days after r eceipt of the appeal, unless otherwise agreed to by the parties. If the employee does not attend the arbitrator selection meeting, they must contact the Human Resources officer within five (5) working days and provide written good cause for missing this meeting. If no good cause is found or the employee does not contact Human Resources, the City will deem the appeal to have been waived.
A. Representation. The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney.
B. Hearing. The Hearing Officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party.
The hearing shall be recorded by a certified shorthand reporter.
C. Evidence. Or al evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross -examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party first called him/her to testify, and to rebut the evidence against him/her.
At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.
The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The r ules of privilege shall be effective to the same extent that they are not or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
D. Expenses. The expenses for the hearing officer shall be borne equa lly by the City and the Union, and each party shall be responsible for expenses they incur. Expenses for such recording services shall be borne equally by the City and CCPMA, provided, however, that each party shall be responsible for any specialized or ex traordinary services they might
4.E.a
Packet Pg. 63
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 32 | P a g e
individually request. The parties may instead by agreement record the hearing electronically.
E. Hearing Officer Findings. After the close of the hearing the Hearing Officer shall prepare written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Manager and the employee within thirty (30) calendar days. In rendering an award, the Hearing Officer shall be limited to the expres s terms of this document and shall not have the power to modify, amend or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same.
F. Final Decision. The City Manager or designee mutually agreeable to the City Manager and the employee shall review the Hearing Officer’s recommendation, but shall not be bound thereby. If the City Manager or, if appropriate, the designee decides not to follow the Hearing Officer’s recommendation, he or she shall notify the employee in writing regarding this determination. Such notice shall be sent to the employee not later than sixty (60) days after the City Manager’s or, if appropriate, the designee’s receipt of the Hearing Officer’s recommendation. If the City Manager or, if appropriate, the designee fails to notify the employee of his or her determination within this sixty (60) day period, the Hearing Officer’s recommended decision shall be final a nd binding, subject only to review by the courts under the procedures set forth in California Code of Civil Procedure section 1094.5. Otherwise, the City Manager’s or, if appropriate, the designee’s decision shall be final and binding, subject only to review by the courts under the procedures set forth in California Code of Civil Procedure section 1094.5.
ARTICLE 14: EMPLOYEE REPORTS AND RECORDS
14.1 Personnel File. The Human Resources Manager shall maintain, or cause to be maintained, a personnel file for each employee of the City. Employees have the right to inspect the contents of their respective personnel files during a scheduled appointment.
14.2 Disclosure of Information. No information shall be disclosed from the personnel file of a current or former employee other than the employee’s job title, work location, work phone number, salary verification (with written employee authorization only) and departmental assignment, to any person other than the City Manager, City Attorney or their designated representatives. The City Manager or City Attorney may authorize release of other information under subpoena or under requests based upon the Public Records Act, upon de termining that such request should be honored. Peace Officers’
4.E.a
Packet Pg. 64
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 33 | P a g e
personnel records shall not be released except in compliance with Penal Code Sections 832.7 and 832.8, and in compliance with Evidence Code Section 1043, unless the peace officer specifically consents, in writing, to such release. An employee or former employee may authorize the disclosure of information from their file only when written permission is provided. Nothing herein shall preclude nor specifically deny the use of any information in Personnel files in any phase of a disciplinary or probationary action, nor when disclosure is required by any court or administrative tribunal.
ARTICLE 15: EDUCATION INCENTIVES
15.1 Education Incentives. The City shall adopt procedures under which an employee shall qualify for educational assistance in an amount not to exceed $4,000 in any one calendar year, on a reimbursement basis, with a lifetime total accumulation of such assistance not to exceed $ 8,000. Reimbursement shall be based upon the City reimbursing to the employee 80% of the reasonably incurred cost of education, including tuition, fees and books. Employees seeking reimbursement under this provision are required to receive advance authorization of the City Manager or designee.
Education covered by this provision must be job related and taken at a licensed public or private school or college, or a recognized training program leading to a job or professional certification, and shall include both academic and professional certification programs.
Post-graduate programs (Master’s degree programs or higher) are not covered without a determination that the program has a relationship to the job performed by the employee, or preparation for a prom otional opportunity within the City’s employment.
Reimbursement shall be made at the conclusion of a course, upon presentation of evidence of satisfactory completion thereof (grade “C” or better), department head review and approval of the City Manager or designee. This benefit shall be available only for the acquisition of one (1) degree.
If an employee voluntary resigns his/her employment with the City or is terminated for disciplinary reasons within six (6) months after receiving reimbursement under th ese provisions, employee shall reimburse the City for all monies paid him/her for educational reimbursement received dating back six (6) months from his/her termination date.
ARTICLE 16: FRINGE BENEFITS
16.1 Enrollment in Group Insurance Plans. City agrees to continue to enroll with and subscribe to the Public Employees’ Retirement Health Care Plan pursuant to the Public Employees’ Hospital and Medical Care Act (PEHMCA), Government Code Sections 22751 et seq., for the provision of health insurance for members of the unit. The health insurance benefit provided through PEMHCA shall be part of the cafeteria plan in accordance with IRS Code Section 125.
Basic City Contribution . For all bargaining unit employees and retirees, the City pays the PEMHCA statutory minimum as determined by CalPERS under Government code Section 22892.
4.E.a
Packet Pg. 65
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 34 | P a g e
Supplemental City Contribution . In addition to the basic City contribution, the City shall contribute a supplemental amount toward group insurance plan premiums to activ e employees and certain retirees as described below.
The City shall offer a cafeteria plan for health, dental, vision and short -term disability.
Employees may choose a medical plan less expensive than the maximum City contribution and may use the remain ing balance to pay for dental, vision and/or short -term disability insurance. Employees selecting plans and coverage levels with premiums that exceed the City’s maximum contribution are responsible for paying the difference through automatic bi- weekly payroll deduction. Any amount remaining stays with the City.
Effective January 1, 2020, the City’s maximum contribution toward group insurance plans, inclusive of the CalPERS statutory minimum for health insurance shall be:
Category Maximum City Contribution
Unit Member Only $930
Unit Member + 1 $1800
Family $2300
Effective January 1, 20 25, the City’s maximum contribution toward group insurance plans, inclusive of the CalPERS statutory minimum for health insurance shall be:
Category Maximum City Contribution
Unit Member Only $1,000
Unit Member + 1 $1950
Family $2600
Unit members who elect to purchase health insurance independent of the Plan, may withdraw from or decline to participate in the Plan by executing, in writing, an election to withdraw from, a declination to participate in, and/or a waiver of benefits (as ap propriate) on such form as may be required by City. For medical coverage, if an employee elects to opt out of coverage offered by the City, they must provide proof of “minimum essential coverage” (as defined by the Affordable Care Act) through another sou rce (other than coverage in the individual market, whether or not obtained through Covered California). Unit members who elect not to participate in the Plan will be reimbursed the sum of $250.00 per month as an in-lieu payment.
Should such coverage subsequently be unavailable to the employee, the employee shall have the right to seek reinstatement to coverage under the City’s policy upon written request. In such a case, the City shall reinstate the employee’s coverage and cancel the in-lieu payment if reinstatement is permitted under the provisions for reinstatement then in effect wit h the City’s health insurance provider.
4.E.a
Packet Pg. 66
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 35 | P a g e
16.2 Public Employees’ Retirement System.
A. All regular employees of the City are automatically covered by the City’s contract with the Public Employees ’ Retirement System. Membership shall commence immediately upon employment.
B. Any regular employee who has cashed out PERS may purchase service credit through payroll deduction on a pre-taxed basis as approved by PERS.
C. Tier One Employees -Sworn. The Public Employees’ Retirement System (PERS) contract provides the 3% @ 55 retirement benefit with single highest year compensation consideration for all sworn officers of the CCPMA hired prior to January 1, 2013. Sworn members shall pay their full 9% member contribution. The City shall contribute 7% of the normal member contribution (known as Employer Paid Member Contribution or EPMC) for all sworn members of the CCPMA hired before January 1, 2013. Sworn members of CCPMA hired before January 1, 2013 agree to a cost sharing arrangement in which the members cost -share an additional 12% toward the employee cost/rate. These additional contributions will be reported on a pre-tax basis.
D. Tier One Employees -Non-Sworn. The Public Employees ’ Retirement System (PERS) contract provides the 2% @ 55 retirement benefit with single highest year compensation consideration for non-sworn employees of the CCPMA hired prior to January 1, 201 3. Non-sworn members shall pay their full 7% m ember contribution. The City shall contribute 7% of the normal member contribution (known as Employer Paid Member Contribution or EPMC) for all non -sworn members of the CCPMA hired before January 1, 2013. Non -sworn members of CCPMA hired before January 1, 2013 agree to a cost sharing arrangement in which the members cost-share an additional 9% toward the employee cost/rate. These additional contributions will be reported on a pre-tax basis.
E. Employees hired on or after January 1 , 2013. The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes a new retirement plan for employees hired on or after January 1, 2013. All employees hired on or after that date shall be subject to the retirement plan provided for “classic” or “new members” under PEPRA.
16.3 Uniform/Equipment Allowances. Uniform /equipment allowance shall be paid to sworn employees of the Police Department for purchase, maintenance and replacement of uniforms and equipment.
Sergeants and Police Commanders: The City shall provide a standard $140.00 per month uniform allowance.
Dispatch Supervisors: The City shall provide a standard $ 90.00 per month uniform allowance, and employees are required to wear a uniform in accordance with Department Policy when on duty.
4.E.a
Packet Pg. 67
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 36 | P a g e
The parties agree that to the extent permitted by law ( 2 CCR section 571), uniform allowance shall be reported to CalPERS as special compensation for Classic CalPERS members.
If at any time the Chief of Police designates a change in uniform or equipment that replaces a previously approved uniform or equipmen t, the City will provide employees with at least six (6) months to complete the change. This notice period shall not apply when additional options in uniforms or equipment are offered, but are not completely replacing a previously approved uniform or equipment. If the City cannot provide or does not wish to provide the six (6) -month notice period, the City will incur the cost of the uniform change by reimbursing the employee for his/her out -of-pocket expenses in replacing the uniform.
The City shall incur all costs of uniform replacement, by reimbursing the employee for his/her out-of-pocket expenses, if the uniform is soiled by hazardous materials, damaged beyond repair during the course of employment.
16.4 Deferred Compensation.
A. 457 Pl an: The City provides a deferred compensation plan for members of the Association under which the City shall match the employee’s contribution up to $46.16 per pay period.
B. 401(a) Plan: Employees covered by these Regulations shall participate in a 401(a) plan from ICMA whereby each member formally agrees to contribute $150 to the plan each pay period.
16.5 Long Term Disability Income, Accidental Death and Dismemberment . All employees covered by this Agreement shall be included in the City’s long-term disability programs providing partial coverage for disabling injuries and illnesses non-industrial in nature (not covered by workers’ compensation), and including accidental death and dismemberment benefits.
16.6 Life Insurance. The City shall provide, through an insurer or on a self -insured basis, life insurance for each employee covered by this Agreement in an amount twice the annual base salary of each employee covered by this Agreement.
16.7 Group Health Plan Continuation upon Retirement. Group Health Plan Continuation Upon Retirement. An employee retiring from the City, who takes a qualified retirement under the Public Employees Retirement System (PERS), may continue their PERS health insurance benefit enrollment upon retirement, provided the employee’s effective date of retirement is within 120 days of separation. For those retirees, except as may be provided below, the City will only contribute the mandatory statutory minimum monthly premium employer contribution (i.e., the statutory mi nimum) as may be required by CalPERS for the particular calendar year.
4.E.a
Packet Pg. 68
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 37 | P a g e
All retirees will be required to comply with any of the requirements of CalPERS as provided by PEMHCA. This may include, but not be limited to, enrolling in Medicare when age appropriate and becoming eligible to receive Medicare. The City will not pay for the cost of Medicare enrollment as it will continue to pay the CalPERS statutory minimum for all retired annuitants.
A. Employees hired prior to January 1, 2013: All such retired Miscellaneous and Safety employees covered by these Regulations shall have a vested right to a supplemental City-paid contribution equivalent to the current amount provided to active employees – to include dental and vision.
In the event of the employee’s death, the City’s obligation to continue making dental and vision contributions will end. The surviving spouse/domestic partner may remain on the dental and vision plans as a retiree at their own expense, without a City contribution to the premium.
B. Employees Hired on or after January 1, 2013 : After five (5) years of service with the City, the percentage of employer contribution payable for retirement health benefits only (no dental or vision contribution) shall be consistent with the following table:
Credit Years of CalPERS Service Percentage of Employer Contribution 5-10 PEMHCA Minimum
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
Retiring employees may, at their own expense, continue in the City’s dental and vision insurance program. The retiree shall bear the full cost.
C. For all employees hired by the City after August 1, 2019, there will be no supplemental City contribution fo r retiree health benefits. The City shall contribute only the CalPERS statutory minimum. The City will, for these employees, make a $ 100.00 per month contribution to an employee Health Reimbursement Arrangement (HRA) and associated fixed dollar cost of administration.
This contribution is for active employees only and shall cease when the employee leaves City employment.
4.E.a
Packet Pg. 69
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 38 | P a g e
16.8 Additional Retirement Benefit. The City will pay and report the value of any specified employer paid member contributions (“EPMC”) to PERS as individual compensation for all sworn employees covered by this Agreement.
16.9 PERS 1959 Survivor Benefit . The City shall maintain in effect the PERS 4 th level 1959 survivor benefit for all employees covered by this Agreement.
ARTICLE 17: AGREEMENT ALL INCLUSIVE
The parties hereto acknowledge that they have engaged in extended negotiations of any and all issues either party has desired to have included in this Memorandum of Understanding (MOU).
The parties recognize that, in the give and take of bargaining, some items sought by the employer have not been agreed upon, and some items sought by the employee association have not been agreed upon. This agreement constitutes a compromise upon which each party agrees. The parties agree that this Memorandum of Understanding is all -inclusive and that no other agreements, undertakings or understandings have been made outside of the specific terms of this Agreement relating to wages, hours or terms or conditions of employment of the employees covered by this Agreement , with the exception of duly negotiated and mutually agreed upon Letter(s) of Agreement. Except by mutual agreement, this Memorandum of Understanding is not subject to reopening for any purpose. All of the agreements of the parties are evidenced herein.
The absence of reference to any topic shall be deemed as proof that no agreement was reached thereon, and any claim based thereon shall be null and void and of no effect. Each party has had every opportunity during the course of these negotiations to bring up any new or additional topics it desired to have considered as part of this Agreement, and, fo r the duration of this Agreement, no additional topics shall be added thereto, except upon specific mutual agreement of the parties evidenced in writing.
4.E.a
Packet Pg. 70
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION) CCPMA | July 1, 2022 – June 30, 2025 39 | P a g e
CITY OF CATHEDRAL CITY CATHEDRAL CITY POLICE MANAGEMENT
ASSOCIATION
_______________________________________
Charles P. McClendon, City Manager
_____________________________________
Jon Enos, President
_______________________________________
Eugenia Torres, HR Manager
_____________________________________
Nathaniel Hanley, Vice President
_______________________________________
Al Ford, Burke, Williams & Sorensen, LLP
_____________________________________
Heather Olsen, Treasurer
_____________________________________
Brian Olivo, Mastagni Holstedt, A.P.C
APPROVED BY THE CITY COUNCIL
Executed this day of ,2022
ATTEST:
________________________________
Tracey R. Hermosillo, City Clerk
4.E.a
Packet Pg. 71
Attachment: CCPMA MOU_2022 -2025_Final (3508 : RATIFY AGREEMENT BETWEEN CITY AND POLICE MANAGEMENT ASSOCIATION)
Cathedral City Page 1 of 2 Printed on 12/14/2022
Staff Report
City Council
Item No. 4.F
Meeting Date: December 14, 2022
From: Charles McClendon, City Manager
Title: Agua Caliente Tribal Food and Beverage Sales Tax Agreements
City Council
RECOMMENDATION:
To approve two Memoranda of Understanding (MOU) with the Agua Caliente Band of Cahuilla Indians (ACBCI) regarding sharing of food and beverage taxes collected from businesses on tribal lands.
BACKGROUND:
The state of California, through the California Department of Tax and Fee Administration (the “CDTFA”), recently amended CDTFA Regulation 1616 to clarify federal law preempts the California sales and use tax when a non -Indian retailer sells meals, food, and beverages from a leased space on a reservation for consumption on the reservation where the sales take place.
DISCUSSION:
The amendments to CDTFA Regulation 1616 mean the sale and purchase of meals, food, and beverages sold on the Reservation by a non -Indian retailer to a non-Indian or an Indian who does not reside on the Reservation are not subject to the California sales and use tax when all of the following requirements are met:
(i) a sales or use tax is imposed by the Tribe on the sales or purchases of meals, food, and beverages;
(ii) the non-Indian retailer’s business is operated on the Reservation pursuant to a federally or tribally authorized lease or sublease; (iii) the non -Indian retailer’s business is an eating or drinking establishment, such as a restaurant or bar; and
(iv) the meals, food, and beverages are sold and purchased for consumptio n on the Reservation.
When the Federal Preemption Requirements are met, the Tribe can impose and collect its Tribal Sales Tax from non -Indian retailers without the economic ramifications of double taxation.
4.F
Packet Pg. 72
Cathedral City Page 2 of 2 Printed on 12/14/2022
Under this authority, the Agua Caliente Band of Cahuilla Indians has notified the City they will begin collecting their tribal sales tax beginning January 1, 2023. The ACBCI are also notifying the affected businesses.
To hold the cities harmless, the ACBCI are proposing agreements with the cities i n their jurisdiction (Palm Springs, Cathedral City and Rancho Mirage) to share back with the cities sales tax collections equal to the rates of the local taxes under the current state sales tax collections.
Staff and tribal representatives discussed the p roposed agreements at the study session on November 30, 2022.
The agreements are now ready for Council consideration and approval.
FISCAL IMPACT:
There should be no fiscal impact as the intent of the proposed agreements is to hold the cities harmless relative to current sales tax collections from the affected businesses.
ATTACHMENTS:
Tribal Sales Tax Agreement (9-27-2022) (003)
Tribal Sales Tax Agreement RCTC (9-27-2022) (003)
4.F
Packet Pg. 73
1 TRIBAL SALES TAX AGREEMENT
THIS TRIBAL SALES TAX AGREEMENT (this “Agreement”) is made and entered into on December 14, 2022 (“Effective Date”) by and between the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe (“Tribe”), and the city of Cathedral City, a California charter city and municipal corporation (“City”). Tribe and City are individually referred to herein as a “Party” and collectively as the “Parties.”
RECITALS
A. The Tribe has retained the inheren t power of taxation as an essential aspect of its sovereignty and therefore has the power to tax except when limited by federal law.
B. Section (i) of article V of the Constitution and Bylaws of the Agua Caliente Band of Cahuilla Indians (the “Tribal Constitution”) authorizes the Tribal Council of the Tribe to promulgate and enforce assessments or permit fees upon non-members doing business and obtaining special privileges on the Agua Caliente Indian Reservation (the “Reservation”).
C. Pursuant to the Tribe’s inherent power of taxation and the Tribal Constitution, the Tribal Council has authorized, through the adoption of Chapter 3.08 of the Agua Caliente Tribal Code, the imposition and collection of a sales tax on the sale and purchase of meals, food, an d beverages sold on Indian Lands (defined below) by non-Indian retailers.
D. The state of California, through the California Department of Tax and Fee Administration (the “CDTFA”), recently amended CDTFA Regulation 1616 (Cal. Code. Regs., tit. 18, § 1616) to clarify that federal law preempts the California sales and use tax when a non-Indian retailer sells meals, food, and beverages from a leased space on a reservation for consumption on the reservation where the sales take place.
E. Pursuant to the amendments to CDTFA Regulation 1616, the sale and purchase of meals, food, and beverages sold on the Reservation by a non-Indian retailer to a non-Indian or an Indian who does not reside on the Reservation are not subject to the California sales and use tax when all of the following requirements are met (collectively, the “Federal Preemption Requirements”): (i) a sales or use tax is imposed by the Tribe on the sales or purchases of meals, food, and beverages; (ii) the non-Indian retailer’s business is operated on the Reservation pursuant to a federally or tribally authorized lease or sublease; (iii) the non-Indian retailer’s business is an eating or drinking establishment, such as a restaurant or bar; and (iv) the meals, food, and beverages are sold and purchased for consumption on the Reservation.
F. When the Federal Preemption Requirements are met, the Tribe can impose and collect its Tribal Sales Tax (defined below) from non -Indian retailers without the economic ramifications of double taxation.
G. The Tribe’s imposition and collection of the Tribal Sales Tax is an appropriate method of generating revenues for the Tribe and paying for a portion of the costs of governmental services and programs incident to the preservation of Tribal existence and the continued economic development of the Reservation.
H. For the purposes set forth herein, the Tribe desires to share with the City a portion of the Tribal Sales Tax revenue generated from non-Indian retailers and the City desires to accept this revenue in accordance with the terms of this Agreement.
4.F.a
Packet Pg. 74
Attachment: Tribal Sales Tax Agreement (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
2 TERMS
1. Incorporation of Recitals. The Pa rties acknowledge and agree that the foregoing recitals constitute the factual basis upon which the Tribe and City have entered into this Agreement. The Tribe and City each acknowledge the accuracy of the recitals and agree that the recitals are incorpora ted into this Agreement as though fully set forth at length.
2. Purpose. The purpose of this Agreement is to promote greater government to government cooperation and to establish a funding mechanism to defray the cost of providing governmental services that benefit portions of the Reservation that are located within the City’s jurisdictional boundaries.
3. Term. The term of this Agreement shall commence on January 1, 2022 and expire on December 31, 2031, unless earlier terminated as provided herein.
4. Definitions. Unless the context otherwise requires, the terms defined in this Section 4 shall for all purposes hereto, and for any amendment hereof, have the meanings defined herein. The following definitions shall be equally applicable to both the singular and plural forms of any terms defined herein.
a. “City Allocation” means an amount equal to a percentage of the rate established for the Tribal Sales Tax pursuant to Section 3.08.1230 of the Agua Caliente Tribal Code. The Tribe will establish this percentage, in its sole and absolute discretion, through Tribal Council resolution. In no event shall the percentage used to calculate the City Allocation exceed the combined percentage of the California sales and use tax and district tax that the City receives from the state of California pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Cal. Rev. & Tax. Code, §§ 7200 et seq.) and the Transactions and Use Tax Law (Cal. Rev. & Tax. Code, §§ 7251 et seq.). For purposes of illustration and not limitation, if the City receives an amount calculated at a tax rate of 1% (i.e., the equivalent to the Bradley-Burns Uniform Local Sales and Use Tax for that jurisdiction ) and an amount calculated a t a tax rate of 1.5% (i.e., the equivalent to the Transactions and Use Tax for that jurisdiction), the City allocation would not exceed the combined tax rate of 2.5% of the sales and use tax that City would otherwise receive from the state of California.
b. “Commencement Date” means January 1, 2023.
c. “Fiscal Quarter” means one calendar year quarter commencing on January 1st, April 1st, July 1st, or October 1st, and ending on, as applicable, the immediately following March 31st, June 30th, September 30th, or December 31st, respectively. As an example, the Fiscal Quarter commencing January 1st shall end on the immediately following March 31st, the Fiscal Quarter commencing on April 1st shall end on the immediately following June 30th, and so on. Tax returns and payments are due at the end of the month immediately following the end of the Fiscal Quarter. For example, the tax returns and payments for the Fiscal Quarter ending on March 31st shall be due on April 30th. The tax returns and payments for the Fiscal Quarter ending on June 30th shall be due on July 31st, and so on.
d. “Fiscal Year” means January 1st through December 31st.
e. “Indian Lands” has the meaning ascribed to it in Section 3.08.050 of the Agua Caliente Tribal Code.
f. “Notice” means all notices, requests, consents, claims, demands, waivers, and other communications hereunder sent to a Party in accordance with Section 13(d) hereof.
4.F.a
Packet Pg. 75
Attachment: Tribal Sales Tax Agreement (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
3 g. “Public Safety” means the provision of law enforcement, emergency medical services, fire suppression and prevention, and emergency management by the City or a government or private entity that the City contracts with.
h. “Term” means the term of this Agreement as specified in Section 3 hereof.
i. “Tribal Council” means the Agua Caliente Tribal Council.
j. “Tribal Sales Tax” means the sales tax imposed and collected pursuant to Chapter 3.08 of the Agua Caliente Tribal Code.
5. Distribution of City Allocation. Commencing on the Commencement Date and during the Term of this Agreement, the Tribe will remit the City Allocation to the City in accordance with this Agreement. The Tribe will remit the City Allocation to the City four times each Fiscal Year, with the Tribe remitting (a) the first City Allocation within thirty (30) days following the due date for tax returns and payments for the first Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the first Fiscal Quarter; (b) the second City Allocation within thirty (30) days following the due date for tax returns and payments for the second Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the second Fiscal Quarter; (c) the third City Allocation within thirty (30) days following the due date for tax returns and payments for the third Fiscal Quarter, representing the Tribal Sales Tax collected , net of any refunds allowed and paid, from non-Indian retailers for the third Fiscal Quarter; and (d) the fourth City Allocation within thirty (30) days following the due date for tax returns and payments for the fourth Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the fourth Fiscal Quarter. The obligations of this Section 5 shall only apply Tribal Sales Tax funds collected from non-Indian retailers located on lands owned by an individual Indian(s) which is either held in trust by the United States or is subject to a statutory restriction on alienation.
6. Permissible Uses of Tribal Sales Tax. The Parties acknowledge and agree that it is within the Tribe’s sole and absolute authority to use Tribal Sales Tax funds to fund any governmental service that benefits the Reservation community , whether this service is provided by the Tribe , City, or any other governmental entity . The Parties further acknowledge and agree that the Tribe’s distribution of City Allocation funds to the City is meant to fund governmental services that benefit portions of the Reservation located within the territorial boundaries of the City. The City agrees that it shall only use City Allocation funds to fund Public Safety and that the Tribe’s distribution of City Allocation funds to the City is conditioned upon the City’s compliance with this requirement . The City may carryover any remaining portion of City Allocation funds not expended in the then current Fiscal Year to the next Fiscal Year to fund governmental services in accordance with this Agreement.
7. Annual Tribal Sales Tax Report . By March 31, 2024 and by March 31st of each Fiscal Year thereafter, the City shall prepare and transmit to the Tribe a Tribal sales tax report. The annual Tribal sales tax report shall be in a form acceptable to the Tribe and shall include the following information:
a. Total Tribal Sales Tax Revenue Received. The total amount of City Allocation funds that the City received during the prior Fiscal Year.
b. Description of Budgeted Expenditures. A listing of all services, supplies, capital outlays, employee expenses, and any other costs or expenses that the City ide ntified to fund (i.e., budgeted) using City Allocation funds during the prior Fiscal Year.
4.F.a
Packet Pg. 76
Attachment: Tribal Sales Tax Agreement (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
4 c. Description of Actual Expenditures . A listing of all services, supplies, capital outlays, employee expenses, and any other costs or expenses that the City funded using City Allocation funds during the prior Fiscal Year.
d. Carryover. The amount of City Allocation funds not expended during the prior Fiscal Year and carried over to the then current Fiscal Year.
e. Certification. A certification, executed by the mayor, certifying the receipt and the use of City Allocation funds in accordance with this Agreement.
8. Recapture. In the event the City does not comply w ith the terms of this Agreement, is otherwise in default, or falsifies any documents required under this Agreement, the City, pursuant to the provisions herein shall refund to the Tribe an amount equivalent to the extent of noncompliance within thirty (30) days of receipt of a written notice of noncompliance.
9. Non-Appropriation of Funds. All obligations of the Tribe under this Agreement are subject to the availability of Tribal Sales Tax funds and the City acknowledges that the ability of the Tribe to perform under this Agreement is contingent upon the continued availability of these funds. The Tribe has no obligation to make distributions under this Agreement from any other revenue or funding source apart from the Tribal Sales Tax funds the Tribe sets aside to carry out the purposes of this Agreement. The Tribe’s decisions with respect to the City Allocation are within the exclusive discretion of the Tribal Council.
10. Indemnification. The City agrees to defend, indemnify, and hold harmless the Tribe, its Tribal Council, and each member thereof, and its officers, agents, and employees, against any and all claims, lawsuits, judgments, causes of action, costs, and expenses for personal injury (including death), property damage, or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the City’s breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of the City, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this Agreement; except that the indemnity provided for in this Section shall not apply to any liability resulting from the sole negligence of the Tribe, its officers, agents, employees, or separate contractors. The provisions of this Section are solely for the benefit of the Parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
Both Parties expressly agree that this Agreement does not assign any responsibility for civil liability to the Tribe that may arise by virtue of this Agreement.
11. No Opposition. In consideration for the City’s receipt of City Allocation funds from the Tribe, the City agrees not to oppose the Tribe’s exercise of its inherent and constitutional right to impose and collect the Tribal Sales Tax on Indian Lands.
12. Termination. Either Party may terminate this Agreement without cause by providing the non-terminating Party no less than ninety (90) days prior written notice of the effective date of termination.
The Tribe may also terminate this Agreement for breach of any provision of this Agreement, upon written notice of the breach and the City shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the Tribe. If the City fails to cure the breach to the satisfaction of the Tribe within the timeframe set forth herein, the Tribe may proceed with terminating this Agreement as set forth above.
13. Appeal Process. If the City wishes to appeal any decision of the Tribe relating to this Agreement, the City shall present its appeal to the Tax Director in writing within ten (10) business days of the Tribal action giving rise to the appeal. Upon receipt of the appeal and within a reasonable amount of
4.F.a
Packet Pg. 77
Attachment: Tribal Sales Tax Agreement (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
5 time, the Tax Director will present the appeal to the Tribal Council for consideration. The Tribal Council will review the appeal within thirty (30) days of the Tribe’s receipt and decide whether to grant, conditionally grant, or deny the appeal. The decision of the Tribal Council shall be final a nd shall not be appealable.
14. Miscellaneous Provisions.
a. Expenses. All costs and expenses incurred in connection with this Agreement and each agreement, document, and instrument contemplated by this Agreement and the transactions contemplated hereby and thereby shall be paid by the Party incurring such costs and expenses.
b. Further Assurances . Each of the Parties shall execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be reason ably required to carry out the provisions hereof and give effect to the transactions contemplated hereby and thereby.
c. Notices. All Notices shall be in writing and shall be deemed to have been given (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third (3rd) day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage prepaid). Notices must be sent to the respective Parties at the following addresses (or at such address for a Party as shall be specified in a Notice given in accordance with this Section 13(d):
If to Tribe: Agua Caliente Band of Cahuilla Indians
Tax Department
5401 Dinah Shore Drive
Palm Springs, California 92264
Attention: Tax Director
With a copy to: Agua Caliente Band of Cahuilla Indians Legal Department
5401 Dinah Shore Drive
Palm Springs, California 92264
Attention: General Counsel
If to City: City of Cathedral City
City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Charles McClendon, City Manager
With a copy to: Burke Williams & Sorenson, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507-2479
Attention: Eric S. Vail, City Attorney
d. Interpretation. For purposes of this Agreement, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a
4.F.a
Packet Pg. 78
Attachment: Tribal Sales Tax Agreement (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
6 whole. Unless the context otherwise requires, references herein: (iv) to sections, schedules, and exhibits mean the sections of, and schedules and exhibits attached to, t his Agreement; (v) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (vi) to a statute means su ch statute as amended, renumbered, or restated from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. The schedules and exhibits referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.
e. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
f. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Upon such determination that any term or other p rovision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactio ns contemplated hereby be consummated as originally contemplated to the greatest extent possible.
g. Amendment and Modification . This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.
h. Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
i. Cumulative Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
j. Assignment. Neither Party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the assigning or delegating Party of any of its obligations hereunder.
k. Successors and Assigns . This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective permitted successors and permitted assigns.
l. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
4.F.a
Packet Pg. 79
Attachment: Tribal Sales Tax Agreement (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
7 m. Governing Law. This Agreement is made, entered into, and p erformed within the Agua Caliente Indian Reservation, and shall in all respects be interpreted, enforced, and governed by the following applicable laws, which are stated in their order of priority in the event of a conflict between them:
the laws of the United States, the laws of the Agua Caliente Band of Cahuilla Indians, and the laws of the State of California. This Agreement shall not be construed either for or against Tribe or City, but this Agreement shall be interpreted in accordance with the general tenor of the language in an effort to reach an equitable result.
n. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
o. Relationship of the Parties. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the othe r Party or to bind the other Party to any contract, agreement, or undertaking with any third party.
p. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date.
TRIBE CITY
By: _____________________________________
Reid D. Milanovich
Chairman
By: _____________________________________
Rita Lamb
Mayor
ATTEST
By: _____________________________________
Tracey R. Hermosillo
City Clerk
4.F.a
Packet Pg. 80
Attachment: Tribal Sales Tax Agreement (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
8 APPROVED AS TO FORM
By: _____________________________________
John T. Plata
General Counsel
APPROVED AS TO FORM
By: _____________________________________
Eric S. Vail
City Attorney
4.F.a
Packet Pg. 81
Attachment: Tribal Sales Tax Agreement (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
1 TRIBAL SALES TAX AGREEMENT
THIS TRIBAL SALES TAX AGREEMENT (this “Agreement”) is made and entered into on December 14, 2022 (“Effective Date”) by and between the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe (“Tribe”), and the city of Cathedral City, a California charter city and municipal corporation (“City”). Tribe and City are individually referred to herein as a “Party” and collectively as the “Parties.”
RECITALS
A. The Tribe has retained the inheren t power of taxation as an essential aspect of its sovereignty and therefore has the power to tax except when limited by federal law.
B. Section (i) of article V of the Constitution and Bylaws of the Agua Caliente Band of Cahuilla Indians (the “Tribal Constitution”) authorizes the Tribal Council of the Tribe to promulgate and enforce assessments or permit fees upon non-members doing business and obtaining special privileges on the Agua Caliente Indian Reservation (the “Reservation”).
C. Pursuant to the Tribe’s inherent power of taxation and the Tribal Constitution, the Tribal Council has authorized, through the adoption of Chapter 3.08 of the Agua Caliente Tribal Code, the imposition and collection of a sales tax on the sale and purchase of meals, food, an d beverages sold on Indian Lands (defined below) by non-Indian retailers.
D. The state of California, through the California Department of Tax and Fee Administration (the “CDTFA”), recently amended CDTFA Regulation 1616 (Cal. Code. Regs., tit. 18, § 1616) to clarify that federal law preempts the California sales and use tax when a non-Indian retailer sells meals, food, and beverages from a leased space on a reservation for consumption on the reservation where the sales take place.
E. Pursuant to the amendments to CDTFA Regulation 1616, the sale and purchase of meals, food, and beverages sold on the Reservation by a non-Indian retailer to a non-Indian or an Indian who does not reside on the Reservation are not subject to the California sales and use tax when all of the following requirements are met (collectively, the “Federal Preemption Requirements”): (i) a sales or use tax is imposed by the Tribe on the sales or purchases of meals, food, and beverages; (ii) the non-Indian retailer’s business is operated on the Reservation pursuant to a federally or tribally authorized lease or sublease; (iii) the non-Indian retailer’s business is an eating or drinking establishment, such as a restaurant or bar; and (iv) the meals, food, and beverages are sold and purchased for consumption on the Reservation.
F. When the Federal Preemption Requirements are met, the Tribe can impose and collect its Tribal Sales Tax (defined below) from non -Indian retailers without the economic ramifications of double taxation.
G. The Tribe’s imposition and collection of the Tribal Sales Tax is an appropriate method of generating revenues for the Tribe and paying for a portion of the costs of governmental services and programs incident to the preservation of Tribal existence and the continued economic development of the Reservation.
H. For the purposes set forth herein, the Tribe desires to share with the City a portion of the Tribal Sales Tax revenue generated from non-Indian retailers and the City desires to accept this revenue in accordance with the terms of this Agreement.
4.F.b
Packet Pg. 82
Attachment: Tribal Sales Tax Agreement RCTC (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
2 TERMS
1. Incorporation of Recitals. The Pa rties acknowledge and agree that the foregoing recitals constitute the factual basis upon which the Tribe and City have entered into this Agreement. The Tribe and City each acknowledge the accuracy of the recitals and agree that the recitals are incorpora ted into this Agreement as though fully set forth at length.
2. Purpose. The purpose of this Agreement is to promote greater government to government cooperation and to establish a funding mechanism to defray the cost of providing governmental services that benefit portions of the Reservation that are located within the City’s jurisdictional boundaries.
3. Term. The term of this Agreement shall commence on January 1, 2022 and expire on December 31, 2023, unless earlier terminated as provided herein.
4. Definitions. Unless the context otherwise requires, the terms defined in this Section 4 shall for all purposes hereto, and for any amendment hereof, have the meanings defined herein. The following definitions shall be equally applicable to both the singular and plural forms of any terms defined herein.
a. “City Allocation” means an amount equal to a percentage of the rate established for the Tribal Sales Tax pursuant to Section 3.08.1230 of the Agua Caliente Tribal Code. The Tribe will establish this percentage, in its sole and absolute discretion, through Tribal Council resolution. In no event shall the percentage used to calculate the City Allocation exceed the percentage of the California district tax for the Riverside County Transportation Commission pursuant to the Transactions and Use Tax Law (Cal. Rev. & Tax. Code, §§ 7251 et seq.). For purposes of illustration and not limitation, the City will receive an amount calculated at a tax rate of 0.5% (i.e., the equivalent to the Transactions and Use Tax for the Riverside County Transportation Commission ). T he City Allocation would not exceed the tax rate of 0.5% of the Transactions and Use Tax for the City.
b. “Commencement Date” means January 1, 2023.
c. “Fiscal Quarter” means one calendar year quarter commencing on January 1st, April 1st, July 1st, or October 1st, and ending on, as applicable, the immediately following March 31st, June 30th, September 30th, or December 31st, respectively. As an example, the Fiscal Quarter commencing January 1st shall end on the immediately following March 31st, the Fiscal Quarter commencing on April 1st shall end on the immediately following June 30th, and so on. Tax returns and payments are due at the end of the month immediately following the end of the Fiscal Quarter. For example, the tax returns and payments for the Fiscal Quarter ending on March 31st shall be due on April 30th. The tax returns and payments for the Fiscal Quarter ending on June 30th shall be due on July 31st, and so on.
d. “Fiscal Year” means January 1st through December 31st.
e. “Indian Lands” has the meaning ascribed to it in Section 3.08.050 of the Agua Caliente Tribal Code.
f. “Notice” means all notices, requests, consents, claims, demands, waivers, and other communications hereunder sent to a Party in accordance with Section 13(d) hereof.
g. “Public Safety” means the provision of law enforcement, emergency medical services, fire suppression and prevention, and emergency management by the City or a government or private entity that the City contracts with.
4.F.b
Packet Pg. 83
Attachment: Tribal Sales Tax Agreement RCTC (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
3 h. “Term” means the term of this Agreement as specified in Section 3 hereof.
i. “Tribal Council” means the Agua Caliente Tribal Council.
j. “Tribal Sales Tax” means the sales tax imposed and collected pursuant to Chapter 3.08 of the Agua Caliente Tribal Code.
5. Distribution of City Allocation. Commencing on the Commencement Date and during the Term of this Agreement, the Tribe will remit the City Allocation to the City in accordance with this Agreement. The Tribe will remit the City Allocation to the City four times each Fiscal Year, with the Tribe remitting (a) the first City Allocation within thirty (30) days following the due date for tax returns and payments for the first Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the first Fiscal Quarter; (b) the second City Allocation within thirty (30) days following the due date for tax returns and payments for the second Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the second Fiscal Quarter; (c) the third City Allocation within thirty (30) days following the due date for tax returns and payments for the third Fiscal Quarter, representing the Tribal Sales Tax collected , net of any refunds allowed and paid, from non-Indian retailers for the third Fiscal Quarter; and (d) the fourth City Allocation within thirty (30) days following the due date for tax returns and payments for the fourth Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the fourth Fiscal Quarter. The obligations of this Section 5 shall only apply Tribal Sales Tax funds collected from non-Indian retailers located on lands owned by an individual Indian(s) which is either held in trust by the United States or is subject to a statutory restriction on alienation.
6. Permissible Uses of Tribal Sales Tax. The Parties acknowledge and agree that it is within the Tribe’s sole and absolute authority to use Tribal Sales Tax funds to fund any governmental service that benefits the Reservation community , whether this service is provided by the Tribe , City, or any other governmental entity . The Parties further acknowledge and agree that the Tribe’s distribution of City Allocation funds to the City is meant to fund governmental services that benefit portions of the Reservation located within the territorial boundaries of the City. The City agrees that it shall only use City Allocation funds to fund Public Safety and that the Tribe’s distribution of City Allocation funds to the City is conditioned upon the City’s compliance with this requirement . The City may carryover any remaining portion of City Allocation funds not expended in the then current Fiscal Year to the next Fiscal Year to fund governmental services in accordance with this Agreement.
7. Annual Tribal Sales Tax Report . By March 31, 2024 and by March 31st of each Fiscal Year thereafter, the City shall prepare and transmit to the Tribe a Tribal sales tax report. The annual Tribal sales tax report shall be in a form acceptable to the Tribe and shall include the following information:
a. Total Tribal Sales Tax Revenue Received. The total amount of City Allocation funds that the City received during the prior Fiscal Year.
b. Description of Budgeted Expenditures. A listing of all services, supplies, capital outlays, employee expenses, and any other costs or expenses that the City ide ntified to fund (i.e., budgeted) using City Allocation funds during the prior Fiscal Year.
c. Description of Actual Expenditures . A listing of all services, supplies, capital outlays, employee expenses, and any other costs or expenses that the City funded using City Allocation funds during the prior Fiscal Year.
4.F.b
Packet Pg. 84
Attachment: Tribal Sales Tax Agreement RCTC (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
4 d. Carryover. The amount of City Allocation funds not expended during the prior Fiscal Year and carried over to the then current Fiscal Year.
e. Certification. A certification, executed by the mayor, certifying the receipt and the use of City Allocation funds in accordance with this Agreement.
8. Recapture. In the event the City does not comply w ith the terms of this Agreement, is otherwise in default, or falsifies any documents required under this Agreement, the City, pursuant to the provisions herein shall refund to the Tribe an amount equivalent to the extent of noncompliance within thirty (30) days of receipt of a written notice of noncompliance.
9. Non-Appropriation of Funds. All obligations of the Tribe under this Agreement are subject to the availability of Tribal Sales Tax funds and the City acknowl edges that the ability of the Tribe to perform under this Agreement is contingent upon the continued availability of these funds. The Tribe has no obligation to make distributions under this Agreement from any other revenue or funding source apart from the Tribal Sales Tax funds the Tribe sets aside to carry out the purposes of this Agreement. The Tribe’s decisions with respect to the City Allocation are within the exclusive discretion of the Tribal Council.
10. Indemnification. The City agrees to defend, indemnify, and hold harmless the Tribe, its Tribal Council, and each member thereof, and its officers, agents, and employees, against any and all claims, lawsuits, judgments, causes of action, costs, and expenses for personal injury (including death), property damage, or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the City’s breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of the City, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this Agreement; except that the indemnity provided for in this Section shall not apply to any liability resulting from t he sole negligence of the Tribe, its officers, agents, employees, or separate contractors. The provisions of this Section are solely for the benefit of the Parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
Both Parties expressly agree that this Agreement does not assign any responsibility for civil liability to the Tribe that may arise by virtue of this Agreement.
11. No Opposition. In consideration for the City’s receipt of City Allocation funds from the Tribe, the City agrees not to oppose the Tribe’s exercise of its inherent and constitutional right to impose and collect the Tribal Sales Tax on Indian Lands.
12. Termination. Either Party may terminate this Agreement without cause by providing the non-terminating Party no less than ninety (90) days prior written notice of the effective date of termination.
The Tribe may also terminate this Agreement for breach of any provision of this Agreement, upon written notice of the breach and the City shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the Tribe. If the City fails to cure the breach to the satisfaction of the Tribe within the timeframe set forth herein, the Tribe ma y proceed with terminating this Agreement as set forth above.
13. Appeal Process. If the City wishes to appeal any decision of the Tribe relating to this Agreement, the City shall present its appeal to the Tax Director in writing within ten (10) business days of the Tribal action giving rise to the appeal. Upon receipt of the appeal and within a reasonable amount of time, the Tax Director will present the appeal to the Tribal Council for consideration. The Tribal Council will review the appeal within thir ty (30) days of the Tribe’s receipt and decide whether to grant, conditionally grant, or deny the appeal. The decision of the Tribal Council shall be final and shall not be appealable.
4.F.b
Packet Pg. 85
Attachment: Tribal Sales Tax Agreement RCTC (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
5 14. Miscellaneous Provisions.
a. Expenses. All costs and expenses incu rred in connection with this Agreement and each agreement, document, and instrument contemplated by this Agreement and the transactions contemplated hereby and thereby shall be paid by the Party incurring such costs and expenses.
b. Further Assurances . Ea ch of the Parties shall execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and give effect to the transactions contemplated hereby and thereby.
c. Notices. All Notices shall be in writing and shall be deemed to have been given (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third (3rd) day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage prepaid). Notices must be sent to the respective Parties at the following addresses (or at such address for a Party as shall be specified in a Notice given in accordance with this Section 13(d):
If to Tribe: Agua Caliente Band of Cahuilla Indians
Tax Department
5401 Dinah Shore Drive
Palm Springs, California 92264
Attention: Tax Director
With a copy to: Agua Caliente Band of Cahuilla Indians Legal Department
5401 Dinah Shore Drive
Palm Springs, California 92264
Attention: General Counsel
If to City: City of Cathedral City
City Manager
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: Charles McClendon, City Manager
With a copy to: Burke Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507-2479
Attention: Eric S. Vail, City Attorney
d. Interpretation. For purposes of this Agreement, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a whole. Unless the contex t otherwise requires, references herein: (iv) to sections, schedules, and exhibits mean the sections of, and schedules and exhibits attached to, this Agreement; (v) to an agreement, instrument, or other document means such agreement, instrument, or other d ocument as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (vi) to
4.F.b
Packet Pg. 86
Attachment: Tribal Sales Tax Agreement RCTC (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
6 a statute means such statute as amended, renumbered, or restated from time to time and includes any successor legislation theret o and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. The sched ules and exhibits referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.
e. Headings. The headings in this Agreement are for reference only and shall not affect th e interpretation of this Agreement.
f. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
g. Amendment a nd Modification . This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto.
h. Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
i. Cumulative Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
j. Assignment. Neither Party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the assigning or delegating Party of any of its obligations hereunder.
k. Successors and Assigns . This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective permitted successors and permitted assigns.
l. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit , or remedy of any nature whatsoever under or by reason of this Agreement.
m. Governing Law. This Agreement is made, entered into, and performed within the Agua Caliente Indian Reservation, and shall in all respects be interpreted, enforced, and governed by the following applicable laws, which are stated in their order of priority in the event of a conflict between them:
4.F.b
Packet Pg. 87
Attachment: Tribal Sales Tax Agreement RCTC (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
7 the laws of the United States, the laws of the Agua Caliente Band of Cahuilla Indians, and the laws of the State of California. This Agre ement shall not be construed either for or against Tribe or City, but this Agreement shall be interpreted in accordance with the general tenor of the language in an effort to reach an equitable result.
n. Counterparts. This Agreement may be executed in co unterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
o. Relationship of the Parties. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party.
p. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date.
TRIBE CITY
By: _____________________________________
Reid D. Milanovich
Chairman
By: _____________________________________
Rita Lamb
Mayor
ATTEST
By: _____________________________________
Tracey R. Hermosillo
City Clerk
4.F.b
Packet Pg. 88
Attachment: Tribal Sales Tax Agreement RCTC (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
8 APPROVED AS TO FORM
By: _____________________________________
John T. Plata
General Counsel
APPROVED AS TO FORM
By: _____________________________________
Eric S. Vail
City Attorney
4.F.b
Packet Pg. 89
Attachment: Tribal Sales Tax Agreement RCTC (9-27-2022) (003) (3538 : Agua Caliente Tribal Food and Beverage Sales Tax Agreements)
Cathedral City Page 1 of 2 Printed on 12/14/2022
Staff Report
City Council
Item No. 4.G
Meeting Date: December 14, 2022
From: Jon Enos, Police Commander
Title: Seeking Authorization to Purchase One (1) 2023 Ford Explorer PIU With Emergency Equipment for the Police Department
City Council
RECOMMENDATION:
To authorize staff to purchase one 2023 Ford Explorer PIU (Police Interceptor Unit), including upfitting of emergency equipment, estimated sales tax and delivery, from Dana Safety Supply for a total cost of $72,302.44
BACKGROUND:
Over the las t few months, staff has been researching and looking to purchase a new Ford Explorer PIU to replace an existing patrol unit. Due to manufacturer delays and limited inventory, staff could not procure an in-stock unit from different dealerships.
The department has maintained a close working relationship with Dana Safety Supply and contacted them to purchase a new patrol vehicle. Duval Ford is the parent company of Dana Safety Supply and indicated the ordering window for 2023 Ford Explorer PIU's was currently open. Staff secured a quote for purchasing the vehicle and the upfitting of emergency equipment.
DISCUSSION:
This vehicle will replace an existing 2014 Ford Explorer PIU that has reached the end of its use. This patrol unit will be equipped with all the necessary emergency equipment for patrol use.
The anticipated delivery of the vehicle is March 2023. The authorization to buy now would ensure the department secures a unit in the earliest time frame.
FISCAL IMPACT:
The cost of the Ford Explorer PIU f rom Duval Ford is $53,599.61, including CA sales tax. Emergency equipment upfitting costs $18,702.83, including CA sales tax from Dana Safety Supply. The total purchase price is $72,302.44.
4.G
Packet Pg. 90
Cathedral City Page 2 of 2 Printed on 12/14/2022
The Equipment Replacement Fund (611) will be the source of f unds to purchase this vehicle.
ATTACHMENTS:
23 FPIU Quote - Cathedral CA with tax
464416 CathCPD Upfit Quote
4.G
Packet Pg. 91
5 3 , 5 9 9 . 6 1
5 3 , 5 9 9 . 6 1
4.G.a
Packet Pg. 92
Attachment: 23 FPIU Quote - Cathedral CA with tax (3520 : Authorization to Purchase 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
CATHEDRAL CITY POLICE DEPARTMENT
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA92234
US
DSS Canoga Park
Sales Quote
464416
CATHCPDCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-202-2415
JON ENOS
760-202-2415
JON ENOS
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET 30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
11/16/22
E-mail: E-mail:
11 N 0.000.0000INFOa6H60QEUD8
FORD PI UTILITY Marked Patrol PACKAGE
Warehouse: LOSA Vin #:
11 Y 8,694.008,694.0000EVPa6H60QEUD9
WEC EMERGENCY VEHICLE PRODUCTS
Warehouse: LOSA Vin #:
11 Y 0.000.0000GB8DEDEa6H60QEUDN Delivery Info: ON HAND WEC LEGACY WC 48" RC/BC/RC/BC
Warehouse: LOSA Vin #:
11 Y 0.000.0000STPKT105a6H60QEVBY Delivery Info: FTWO
WEC STRAPKIT 105
Warehouse: LOSA Vin #:
11 Y 0.000.0000CCSRN5a6H60QEVRK Delivery Info: FTWO
WEC CARBIDE AMP CONTROL MOD W/CANPORT OBDII
INTRFACE M
Warehouse: LOSA Vin #:
ORDER CONTROL HEAD SEPSEATELY
ORDER INSTALLATION KIT SEPERATELY
DOES NOT HAVE TRAFFIC ADVISOR CONTROL MODULE
*********************************************
11 Y 0.000.0000CANCTL7a6H60QEWCU Delivery Info: FTWO
WEC CANTROL 21 PUSH BUTTON CONTROL HEAD - ONLY
Warehouse: LOSA Vin #:
11/16/22
12:24:57 PM
1Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6H60QEWCU
4.G.b
Packet Pg. 93
Attachment: 464416 CathCPD Upfit Quote (3520 : Authorization to Purchase one (1) Ford Explorer PIU for PD) 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
CATHEDRAL CITY POLICE DEPARTMENT
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA92234
US
DSS Canoga Park
Sales Quote
464416
CATHCPDCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-202-2415
JON ENOS
760-202-2415
JON ENOS
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET 30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
11/16/22
E-mail: E-mail:
11 Y 0.000.0000CC5K4a6H60QEWS1 Delivery Info: ON HAND
OBD II 21+ FORD PIU W/O 61B OPTION - CARBIDE
Warehouse: LOSA Vin #:
11 Y 0.000.0000CANEM16a6H60QEWSG Delivery Info: ON HAND
WEC CANTROL WC EXPANSION MODULE
Warehouse: LOSA Vin #:
11 Y 1,624.001,624.0000EGTTE794Ha6H60QEXFW Delivery Info: 586230
SOI OPTICOM PREEMPTION LED MODULE
Warehouse: LOSA Vin #:
22 Y 0.000.0000WEC-IONJa6H60QEXUN Delivery Info: FTWO
Whelen ION W/Universal Mount - Red/Blue
Warehouse: LOSA Vin #:
grille mount
11 Y 0.000.0000ETSS100Ja6H60QEY9U Delivery Info: ON HAND SOI 100J SERIES COMPOSITE SPEAKER
Warehouse: MEMP Vin #:
100J series composite speaker w/ universal bail brkt-100 watt 22 Y 0.000.0000ENT2B3Ja6H60QEYAA Delivery Info: 586230
SOI INTERSECTOR 18-LED UNDER MIRROR LIGHT RED/BLUE
Warehouse: LOSA Vin #:
UNDER SIDE_VIEW MIRROR MOUNT
11/16/22
12:24:57 PM
2Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6H60QEYAA
4.G.b
Packet Pg. 94
Attachment: 464416 CathCPD Upfit Quote (3520 : Authorization to Purchase one (1) Ford Explorer PIU for PD) 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
CATHEDRAL CITY POLICE DEPARTMENT
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA92234
US
DSS Canoga Park
Sales Quote
464416
CATHCPDCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-202-2415
JON ENOS
760-202-2415
JON ENOS
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET 30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
11/16/22
E-mail: E-mail:
11 Y 0.000.0000TLI2Ea6H60QEYPW Delivery Info: FTWO
WEC ION T-SERIES LINEAR DUO B/W
Warehouse: LOSA Vin #:
front facing
11 Y 0.000.0000TLI2Da6H60QEZ6U Delivery Info: FTWO
WEC ION T-SERIES LINEAR DUO R/W
Warehouse: LOSA Vin #:
front facing and will steady burn red on slide switches #2 & 3 22 Y 0.000.0000TLI2Ja6H60QEZ79 Delivery Info: ON HAND
WEC ION T-SERIES LINEAR DUO R/B
Warehouse: LOSA Vin #:
2 in the rear to steady burn red when the brakes are hit 22 Y 0.000.0000AVC21RBa6H60QEZ7P Delivery Info: RROC
WEC DUAL AVENGER II SOLO RED BLUE
Warehouse: LOSA Vin #:
REAR SIDE GLASS
11 Y 0.000.0000MB-FPI003a6H60QF0FJ Delivery Info: 586452 AFS Electronics Mount Plate, Driver 1/4 Panel, 20+ Fo
Warehouse: LOSA Vin #:
11 Y 1,120.001,120.0000DS-DELL-422-3a6H60QF0FZ Delivery Info: 586455 HAV Docking Station with Advanced Port Replication
Warehouse: LOSA Vin #:
11/16/22
12:24:57 PM
3Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6H60QF0FZ
4.G.b
Packet Pg. 95
Attachment: 464416 CathCPD Upfit Quote (3520 : Authorization to Purchase one (1) Ford Explorer PIU for PD) 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
CATHEDRAL CITY POLICE DEPARTMENT
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA92234
US
DSS Canoga Park
Sales Quote
464416
CATHCPDCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-202-2415
JON ENOS
760-202-2415
JON ENOS
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET 30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
11/16/22
E-mail: E-mail:
11 Y 0.000.0000C-VS-1210-INUTa6H60QF0RP Delivery Info: 586455 HAV2020 FORD INTERCEPTOR UTILITY MID-HEIGHT ANGLED
CO
Warehouse: LOSA Vin #:
faceplates c-eb25-mmt-1p, C-EB40-WSB-1P & c-eb40-ccs-1p 11 Y 0.000.0000C-MD-119a6H60QF13U Delivery Info: 586455 HAV 11" SLIDE-OUT LOCKING SWING ARM - LOW PROFILE
Warehouse: LOSA Vin #:
11 Y 0.000.0000CUP2-1001a6H60QF14A Delivery Info: ON HAND HA V Self-Adjusting Double Cup Holder
Warehouse: LOSA Vin #:
11 Y 0.000.0000MMSU-1a6H60QF1FK Delivery Info: ONHAND
MAGNETIC MIC SINGLE UNIT CONVERSION KIT
Warehouse: LOSA Vin #:
11 Y 859.00859.0000BK2019ITU20a6H60QF1RQ Delivery Info: 586456 SMC PB450L4 PUSH BUMPER - 2020+ PIUT
Warehouse: LOSA Vin #:
11 Y 0.000.0000WK0514ITU20a6H60QF23V Delivery Info: 586456 SMC VERTICALSTEEL WINDOW BARS FOR 2020+ PIUT
Warehouse: LOSA Vin #:
11/16/22
12:24:57 PM
4Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6H60QF23V
4.G.b
Packet Pg. 96
Attachment: 464416 CathCPD Upfit Quote (3520 : Authorization to Purchase one (1) Ford Explorer PIU for PD) 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
CATHEDRAL CITY POLICE DEPARTMENT
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA92234
US
DSS Canoga Park
Sales Quote
464416
CATHCPDCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-202-2415
JON ENOS
760-202-2415
JON ENOS
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET 30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
11/16/22
E-mail: E-mail:
11 Y 0.000.0000PK0123ITU202NDa6H60QF24Q Delivery Info: 586456 SMC 12-VS EXP MTL CARGO BARRIER 2020+ FORD PIUT
Warehouse: LOSA Vin #:
VEHICLE-
*****************************************
11 Y 0.000.0000PK1130ITU20TMa6H60QF2FL Delivery Info: 586456 Setina 10XL Coated Polycarbonate Recessed (Tall Man)
Warehouse: LOSA Vin #:
11 Y 460.00460.0000GK10342UHKSVSCAXLa6H60QF3UT Delivery Info: 586456 SMC DUAL T-RAIL W/ 2 UNIVERSAL XL LOCKS H/C KEY OVRRID
Warehouse: LOSA Vin #:
DUAL GUNLOCK FOR FULL SIZE SUV'S & TRUCKS
SEE ATTACHED GUNLOCK ORDER FROM
******************************************
11 Y 75.0075.0000CG-Xa6H60QF4DH Delivery Info: 586455
HAV CHARGE GARD, UNIVERSAL, CONTROL MODULE
Warehouse: LOSA Vin #:
INFINITE TIMER, SURGE PROTECTOR 12VDC, 30a
************************************************************ *******
11 Y 2,750.002,750.0000INSTALLa6H60QF4DW
DSS INSTALLATION OF EQUIPMENT
Warehouse: LOSA Vin #:
Includes installation of customer supplied radar, MDT & Mount, and radio.
Flash the headlights and taillights
11/16/22
12:24:57 PM
5Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6H60QF4DW
4.G.b
Packet Pg. 97
Attachment: 464416 CathCPD Upfit Quote (3520 : Authorization to Purchase one (1) Ford Explorer PIU for PD) 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
CATHEDRAL CITY POLICE DEPARTMENT
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA92234
US
DSS Canoga Park
Sales Quote
464416
CATHCPDCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-202-2415
JON ENOS
760-202-2415
JON ENOS
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET 30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
11/16/22
E-mail: E-mail:
11 Y 250.00250.0000INSTALL KITa6H60QF4EC
MISC INSTALLATION SUPPLIES I.E.
Warehouse: LOSA Vin #:
LOOM, WIRE, HARDWARE, CONNECTORS, ETC
************************************************
11 Y 798.00798.0000QK0634ITU20a6H60QF4F7 Delivery Info: 586456
SMC OEM REPLACEMENT SEAT WITH CTR PULL BELTS
Warehouse: LOSA Vin #:
FITS 2020+FORD PIUT
********************************
11 Y 568.00568.0000FK0400ITU20a6H60QF4XV Delivery Info: 586456 SMC PB5 ALUMINUM FENDER WRAPS
Warehouse: LOSA Vin #:
11 Y 0.000.0000C-ARM-102a6H60QF4YB Delivery Info: OKLA/TRANS
HAV ARM REST - MOUNTS TO SIDE OF CONSOLE BOX
Warehouse: LOSA Vin #:
11 Y 0.000.0000C-EB20-WGD-1Pa6H60QF5DX Delivery Info: HOUS/TRANS
HAVIS EQUIPMENT BRACKET
Warehouse: LOSA Vin #:
11 Y 0.000.0000FP-T-XTL5000-4a6H60QF797 Delivery Info: 596863 TRO 4" XTL5000 one-piece, tilted for better view
Warehouse: LOSA Vin #:
11/16/22
12:24:57 PM
6Page No.
Print Time
Print Date
Printed By: Patrick Hope
Continued on Next Page
a6H60QF797
4.G.b
Packet Pg. 98
Attachment: 464416 CathCPD Upfit Quote (3520 : Authorization to Purchase one (1) Ford Explorer PIU for PD) 800-845-0405Telephone:
DANA SAFETY SUPPLY, INC
4809 KOGER BLVD
GREENSBORO, NC 27407
CATHEDRAL CITY POLICE DEPARTMENT
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA92234
US
DSS Canoga Park
Sales Quote
464416
CATHCPDCustomer No.
Sales Quote No.
Ship ToBill To
Contact:
Telephone: Telephone:
Contact:
760-202-2415
JON ENOS
760-202-2415
JON ENOS
Payment MethodCustomer PO NumberF.O.B.Ship Via
NET 30GROUND SHIPMENT QUOTED FREIGHT
Entered By Resale Number Ordered BySalesperson
Patrick Hope -LosaPatrick Hope
Order
Quantity
Extended
Price
Unit
PriceItem Number / DescriptionTaxApprove
Quantity
Quote Date
11/16/22
E-mail: E-mail:
11 Y 0.000.0000CB-100a6H60QF7QK
BI Manual reset circuit breakers 100A
Warehouse: LOSA Vin #:
22 Y 0.000.0000DPCP47UINT20a6H60QJZDF
PG REAR DOOR HANDLE COVER PLATE
Warehouse: LOSA Vin #:
Approved By:
Approve All Items & Quantities
Quote Good for 30 Days
11/16/22
12:24:57 PM
7Page No.
Print Time
Print Date
Printed By: Patrick Hope
Order Total
Sales Tax8.750 %
Freight
Subtotal
18,702.83
1,504.83
0.00 17,198.00
a6H60QJZDF
4.G.b
Packet Pg. 99
Attachment: 464416 CathCPD Upfit Quote (3520 : Authorization to Purchase one (1) Ford Explorer PIU for PD)
Cathedral City Page 1 of 3 Printed on 12/14/2022
Staff Report
City Council
Item No. 4.H
Meeting Date: December 14, 2022
From: John Corella, Director of Engineering/Public Works Title: Reimbursement Agreement with the Coachella Valley Water District (CVWD) in conjunction with the upcoming Via De Anza Street Improvements Phase II Project
City Council
RECOMMENDATION:
To authorize the City Manager to execute a 100% Reimbursement Agreement with the Coachella Valley Water District (CVWD) for the relocation and replacement of a water main at an estimated construction cost of $470,000 within the limits of the upcoming Via De Anza Street Improvements Phase II Project, located along Via De Anza between Dinah Shore Drive and Olancha Road.
BACKGROUND:
Late in the development of the design of plans for t he Via De Anza Street Improvement Project, Coachella Valley Water District (CVWD) Staff advised City Staff they would need to install a new water pipeline on the east side of Via De Anza prior to constructing street improvements. As a result, t his new water pipeline request altered the originally proposed scope of the Via De Anza Street Improvement Project. While the Project was originally set to be constructed in one phase, CVWD’s request required that the Project be divided into three (3) phases as follows:
• Phase I – West side of Via De Anza between Dinah Shore Drive and Olancha Road with infill portions on both Olancha Road and Via Altamira. • Phase II – East side of Via De Anza between Dinah Shore Drive and Olancha Road.
• Phase III – East side of Via D e Anza between Olancha Road and Ortega Road, and the north and south side of the Arrowhead Road cul -de-sac east of Via De Anza.
Please note that Phase I construction is near completion and at the Council Meeting on August 10, 2022, the City Council author ized Task Order 09 to NAI Consulting, Inc. for Engineering Design Services for Via De Anza Street Improvement Project - Phases II and III.
4.H
Packet Pg. 100
Cathedral City Page 2 of 3 Printed on 12/14/2022
At a utility coordination meeting on October 24, 2022, CVWD notified City Staff that funding for the new water pipeline on Via De Anza was remove d from CVWD’s FY 2022-2023 Capital Improvement Budget. This news could have delayed the Via De Anza Street Improvement Phase II Project for another year. Working cooperatively to keep the City’s Project moving, CVWD Staff and City Staff agreed the best course of action is for both the City’s Project and CVWD’s water pipeline replacement Project be constructed simultaneously under one contract.
The City is proposing to be the lead agency in this construction effort. It is furt her proposed CVWD will reimburse the City for 100% of the water pipeline replacement work within the combined Project . This cooperation is not new as the City and CVWD have coordinated work for the construction of street improvements together with the relocation and upgrades of CVWD water pipelines under one bid contract in the past.
DISCUSSION:
City Staff is working with CVWD to expedite the completion of the design and construction documents for CVWD’s water pipeline replacement portion of the Project .
To meet this year’s CIP and Community Development Block Grant (CDBG) fund expenditure timelines, the combining of both Agencies’ Projects and perform the constructing under one contract to deliver the Project this fiscal year is the best alternative. To reaffirm, the water pipeline replacement will take place within the limits of the Via De Anza Street Improvements Phase II Project on the east side of Via De Anza between Dinah Shore Drive and Olancha Road.
CVWD will be responsible for the engineering des ign for its domestic water pipeline and all associated portions of the Project in accordance with CVWD’s design criteria and standards at CVWD’s expense.
The next step in this combined Project effort is to approve a Reimbursement Agreement between both entities. A Reimbursement Agreement between the City and CVWD has been prepared. CVWD will be responsible to reimburse the City 100% of the actual construction cost to replace CVWD’s water pipeline portion of the City‘s street improvement Project. A copy of the Reimbursement Agreement is attached to this Staff Report.
Please note that CVWD Staff has received approval of this Reimbursement Agreement and respective budget amendment by the CVWD Board at yesterday’s meeting on December 13, 2022.
The City is proposing to include CVWD’s domestic water pipeline replacement work in the City’s Via De Anza Street Improvements Phase II Project bid documents and publicly advertise the combined Project for bids. The City will also authorize its Contractor to construc t CVWD’s domestic water pipeline and all associated portions of the Project according to the approved plans and specifications.
Staff is requesting City Council authorize the City Manager to execute a 100% Reimbursement Agreement with the Coachella Valley Water District (CVWD) for the relocation and replacement of a water main at an estimated construction cost of
4.H
Packet Pg. 101
Cathedral City Page 3 of 3 Printed on 12/14/2022
$470,000 within the limits of the upcoming Via De Anza Street Improvements Phase II Project, located along Via De Anza between Dinah Shore Drive and Olancha Road.
Note: For the future Via De Anza Street Improvement Phase III Project construction planned in the FY 2023-24, it is proposed that CVWD will return with a similar reimbursement agreement request to replac e the underlying water pipeline wi thin our street improvement project in this Ocotillo Square area.
FISCAL IMPACT:
The construction of the new CVWD water pipeline on Via De Anza Road, between Dinah Shore Drive and Ortega Road is estimated at $470,000.00. Once the Project is formally bid , the estimated construction amount will be updated accordingly on the Reimbursement Agreement. This portion of the Project will be funded from the Capital Improvement Project (CIP) Fund (331).
Funding for the City’s Via De Anza Street Improvement Proj ect is a CIP Project to be funded from CDBG Public Improvement Funds (251) as approved in the FY 2022-23 Annual Action Plan. When the bids for the construction of the Project are received and evaluated, Staff will present the construction contract award t o the City Council for approval.
ATTACHMENTS:
MAP - Via De Anza Street Improvements
City of Cathedral City Reimbursement Agreement Via De Anza Street Improvements CVWD Staff Report
4.H
Packet Pg. 102
1/1
Imagery ©2021 Maxar Technologies, USDA Farm Service Agency, Map data ©2021 100 ft
4.H.a
Packet Pg. 103
Attachment: MAP - Via De Anza Street Improvements (3524 : Via De Anza Phase II Reimbursement November 28, 2022
Charlie McClendon
City Manager
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234-7031
Dear Mr. McClendon:
Subject: Reimbursement Agreement for Via De Anza Road Water Mai n Replacement - Phase 2 The City of Cathedral City (City) intends to construct a project commonly referred to as the "Via De Anza Street Improvements, CIP No. 8834" (Project) north of Dinah Shore Drive and south of Olancha Road in the City. Coachella Valley Water District (CVWD) has certain facilities located in Via De Anza which will be affected by the Project, including 650-feet of 4-inch diameter steel water main, seventeen water services, six water valves, and two sewer manhole covers (CVWD Facilities).
The Project will require existing CVWD Facilities to be abandoned, relocated and new facilities installed (Relocation Work) so the City may reconstruct, or cause to be reconstructed, the existing asphalt street since the proposed street improvements directly impact CVWD's existing facilities. (1) The new CVWD Facilities include:
Approximately 650 feet of new 8-inch diameter ductile iron pipe, five new domestic water services, tie-in of twelve water services to the new water main, and appurtenances between Dinah Shore Drive and Olancha Road on Via De Anza. (2) The abandoned CVWD Facilities include:
Approximately 650 feet of existing 4-inch diameter steel water main, five domestic water services and three water valves.
(3) The lowering and raising of CVWD Facilities include:
Six water valves and two sewer manhole covers.
The City shall construct and install, or cause to be constructed and installed, the Project which shall include the Relocation Work and shall also include the construction and installation of new asphalt, curb, gutter, and sidewalk in the street.
The City shall include in its Project bid package, at its sole cost and expense, the construction/installation of items (1), (2), and (3). CVWD shall be responsible for the plans and design for items (1) and (2). The Relocation Work shall be completed in accordance with CVWD's design criteria and standards, including but not limited to, CVWD's Development Design Manual. The City shall cause the contractor selected by the City to complete the Relocation Work in accordance with CVWD’s approved plans and standards.
4.H.b
Packet Pg. 104
Attachment: City of Cathedral City Reimbursement Agreement Via De Anza Street Improvements (3524 : Via De Anza Phase II Reimbursement
Charlie McClendon
City of Cathedral City
November 28, 2022
CVWD shall be solely responsible for the cost of items (1), (2), and (3). CVWD shall be solely responsible for performing assoc iated tie-in connections to the existing water mains and for the cost of performing said work.
CVWD shall have the right to inspect the Relocation Work and en force the Plans and Standards for the Relocation Work, including requiring that all unacceptable material, workmanship and/or installation be repaired, replaced, or corrected by the contrac tor selected by the City. Upon completion of the Project, CVWD shall have the right to complet e a final inspection of the Relocation Work and provide notice to the City either confirmin g that the Relocation Work is complete or setting forth a punch list of items that need to be completed or corrected.
CVWD shall receive the same benefit as the City in its contract with the contractor selected by the City as to insurance, indemniti es, bonds, warranties, etc., as such applies to the Relocation Work.
Upon completion and acceptance of the Relocation Work, CVWD sha ll remit to the City the sum of ______________________________________________________ ($______ _______) in full payment for the construction of the new 8-inch diameter ductile iron water main and appurtenances.
COACHELLA VALLEY WATER DISTRICT,
a public agency of the State of California
By
J. M. Barrett
General Manager
CITY HAS READ THE FOREGOING LETTER AND ACCEPTS THE TERMS SET FORTH THEREIN.
CITY OF CATHEDRAL CITY,
a municipal corporation
By
Name
Its
Charlie McClendon
City of Cathedral City
November 28, 2022
4.H.b
Packet Pg. 105
Attachment: City of Cathedral City Reimbursement Agreement Via De Anza Street Improvements (3524 : Via De Anza Phase II Reimbursement
Enclosure/1/as
cc: John A. Corella, P.E. (with enclosure)
City Engineer
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
DR: al\Eng\DW\2022\Nov\Cathedral City Reimbursement Agmt Via De Anza File: 0437.1, 0001.3, 1150.13, 0426.1521
4.H.b
Packet Pg. 106
Attachment: City of Cathedral City Reimbursement Agreement Via De Anza Street Improvements (3524 : Via De Anza Phase II Reimbursement AGENDA
STAFF REPORT
STEVE ROBBINS ADMINISTRATION BUILDING 75515 Hovley Lane EastPalm Desert, CA 92211’CVWD s COACHELLA CAMPUS51501 Tyler StreetCoachella, CA 92236 www.cvwd.org
Agenda Number: {{item.number}} Section Name: ACTION CALENDAR File ID: 0426.1521, 0426 Project ID: DW2303
MEETING DATE:December 13, 2022
SUBJECT: Authorize the General Manager to Execute a Reimbursement Agreement with the City of Cathedral City for Construction of the Via De Anza Water Main Replacement - Phase 2 Project
TO: BOARD OF DIRECTORS
FROM: ENGINEERING/DOMESTIC WATER/GENERAL DISTRICT, CARRIE OLIPHANT
GENERAL MANAGER
RECOMMENDATION:
RECOMMENDATION:
Authorize the General Manager to execute a Reimbursement Agreement (Agreement) with the City of Cathedral City (City) for the Via De Anza Water Main Replacement - Phase 2 Project (Project) located along Via De Anza between Dinah Shore Drive and Olancha Road with an estimated construction cost of $470,000.
It is also recommended that the Board authorize the following expenditures in the amount of $120,000:
Project Management and Engineering - $25,000
CVWD Inspection - $15,000
CVWD Forces (tie-in connections) - $60,000
Contingency (3.5%) - $20,000
The total cost of this request is $590,000.
BUDGET IMPACT:
The total cost of the Via De Anza Water Main Replacement - Phase 2 Project is estimated at $590,000. If the Project (DW2303) and Agreement is approved, CVWD will be responsible to reimburse the City the actual construction cost to replace this portion of pipeline as part of the City‘s street improvement project. The Project is a multi-year construction project that was not originally included in the Domestic Water Fund Fiscal 2022-23 Capital Improvement Budget. A budget amendment in the amount $90,000 from the Well 4529-1 project (DW2110) is being requested to cover the estimated costs that will be incurred this year with the remaining balance to be budgeted and spent next fiscal year. Therefore, there will be no adverse impact to the Domestic Water Fund Fiscal Year 2022-2023 Capital Improvement Budget.
4.H.c
Packet Pg. 107
Attachment: CVWD Staff Report (3524 : Via De Anza Phase II Reimbursement Agreement with CVWD) –COACHELLA VALLEY WATER DISTRICT AGENDA REPORT SUBMITTAL PROCUREMENT METHOD:
X Other
If other, please explain: The Project will be publicly advertised for bids by Cathedral City as part of the City’s street improvement work in this area. CVWD will have the opportunity to review the City’s bids and confirm the cost for CVWD’s portion of work. Upon satisfactory completion of CVWD's portion of the work, CVWD will reimburse the City for the actual construction cost.
BACKGROUND
The purpose of this project is to replace approximately 650 linear feet of existing, old 4-inch diameter domestic water main with a new 8-inch diameter ductile iron domestic water main and all necessary appurtenances within Via De Anza Street as part of the City’s Phase 2 street improvement project since the proposed street improvements will directly conflict with CVWD’s existing pipeline. The City is also planning to construct additional street improvements as part of a Phase 3 project within the next year or so. Staff will request similar authorization at that time to replace the waterline within this future phase.
To ensure that the City‘s project can move forward and be properly coordinated, it is recommended to include the replacement of the waterline as part of the City’s project. CVWD and the City can execute a Reimbursement Agreement whereby CVWD’s portion of the work would be performed by the City’s contractor and CVWD would reimburse the City the actual cost for the waterline replacement. City staff is supportive of this approach.
The key components of the Reimbursement Agreement are described below.
CVWD shall:
· Be responsible for the engineering design for CVWD’s domestic water pipeline and all associated portions of the project in accordance with CVWD’s design criteria and standards at CVWD’s expense; · Review and approve the design drawings;
· Inspection of the domestic water pipeline work;
· Switch-over the water services to the new water main at CVWD’s expense; · Receive the same benefit as the City in its Contract with the Project Contractor as to insurance, indemnities bonds, warranties, etc., as such applies to CVWD’s portion of the project; · Upon satisfactory completion, reimburse the City for the actual construction cost.
City shall:
· Include CVWD’s domestic water main replacement work in the City’s street improvement bid documents and publicly advertise it for bids;
· Authorize its Contractor to construct CVWD’s domestic water pipeline and all associated portions of the project per the approved plans.
PRIOR BOARD ACTION:
N/A
DISTRICT STRATEGIC PLAN GOAL(S)/OBJECTIVES(S):
Approval of the Reimbursement Agreement with the City of Cathedral City for Construction of the Via De Anza Water Main Replacement - Phase 2 Project aligns with the CVWD core value of Infrastructure Investment and Management.
ENVIRONMENTAL IMPACT:
This is not a project as defined by CEQA; therefore, approval does not require any CEQA action.
LEGAL REVIEW
N/A
ATTACHMENTS
4.H.c
Packet Pg. 108
Attachment: CVWD Staff Report (3524 : Via De Anza Phase II Reimbursement Agreement with CVWD) –COACHELLA VALLEY WATER DISTRICT AGENDA REPORT SUBMITTAL Att 1 - Project Map
Att 2 - Financial Summary
Att 3 - Draft Reimbursement Agreement
Att 4 - Budget Amendment
4.H.c
Packet Pg. 109
Attachment: CVWD Staff Report (3524 : Via De Anza Phase II Reimbursement Agreement with CVWD)
4.H.c
Packet Pg. 110
Attachment: CVWD Staff Report (3524 : Via De Anza Phase II Reimbursement Agreement with CVWD) DescriptionTotalOriginal Cost Projected Prior Fiscal Year(s) Previously Spent Current Fiscal YearNextFiscal Year(s)Total Revised CostApproved BudgetBudget Amendment RequestedOperating ExpenseNANANANANANANACapital Improvement ProjectVia De Anza Water Main Replacements-Phase 2 - Project ID DW2303$0 $0 90,000 $500,000 - $590,000 $0 $90,000Sources of Funds:Additional Comment:
FINANCIAL SUMMARYREVISED PROJECTED COSTS
The project will be publicly advertised for bids by the city of Cathedral City. This project was not included in the Fiscal Year 2022-23 Capital Improvement Budget. As a result, a budget amendment will be required to utilize the necessary funds from the Domestic Water Fund Fiscal 2022-2023 Capital Improvement Budget or available reserves based on actual Project costs after
4.H.c
Packet Pg. 111
Attachment: CVWD Staff Report (3524 : Via De Anza Phase II Reimbursement Agreement with CVWD) November 28, 2022
Charlie McClendon
City Manager
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234-7031
Dear Mr. McClendon:
Subject: Reimbursement Agreement for Via De Anza Road Water Mai n Replacement - Phase 2 The City of Cathedral City (City) intends to construct a project commonly referred to as the "Via De Anza Street Improvements, CIP No. 8834" (Project) north of Dinah Shore Drive and south of Olancha Road in the City. Coachella Valley Water District (CVWD) has certain facilities located in Via De Anza which will be affected by the Project, including 650-feet of 4-inch diameter steel water main, seventeen water services, six water valves, and two sewer manhole covers (CVWD Facilities).
The Project will require existing CVWD Facilities to be abandoned, relocated and new facilities installed (Relocation Work) so the City may reconstruct, or cause to be reconstructed, the existing asphalt street since the proposed street improvements directly impact CVWD's existing facilities. (1) The new CVWD Facilities include:
Approximately 650 feet of new 8-inch diameter ductile iron pipe, five new domestic water services, tie-in of twelve water services to the new water main, and appurtenances between Dinah Shore Drive and Olancha Road on Via De Anza. (2) The abandoned CVWD Facilities include:
Approximately 650 feet of existing 4-inch diameter steel water main, five domestic water services and three water valves.
(3) The lowering and raising of CVWD Facilities include:
Six water valves and two sewer manhole covers.
The City shall construct and install, or cause to be constructed and installed, the Project which shall include the Relocation Work and shall also include the construction and installation of new asphalt, curb, gutter, and sidewalk in the street.
The City shall include in its Project bid package, at its sole cost and expense, the construction/installation of items (1), (2), and (3). CVWD shall be responsible for the plans and design for items (1) and (2). The Relocation Work shall be completed in accordance with CVWD's design criteria and standards, including but not limited to, CVWD's Development Design Manual. The City shall cause the contractor selected by the City to complete the Relocation Work in accordance with CVWD’s approved plans and standards.
4.H.c
Packet Pg. 112
Attachment: CVWD Staff Report (3524 : Via De Anza Phase II Reimbursement Agreement with CVWD)
Charlie McClendon
City of Cathedral City
November 28, 2022
CVWD shall be solely responsible for the cost of items (1), (2), and (3). CVWD shall be solely responsible for performing assoc iated tie-in connections to the existing water mains and for the cost of performing said work.
CVWD shall have the right to inspect the Relocation Work and en force the Plans and Standards for the Relocation Work, including requiring that all unacceptable material, workmanship and/or installation be repaired, replaced, or corrected by the contrac tor selected by the City. Upon completion of the Project, CVWD shall have the right to complet e a final inspection of the Relocation Work and provide notice to the City either confirmin g that the Relocation Work is complete or setting forth a punch list of items that need to be completed or corrected.
CVWD shall receive the same benefit as the City in its contract with the contractor selected by the City as to insurance, indemniti es, bonds, warranties, etc., as such applies to the Relocation Work.
Upon completion and acceptance of the Relocation Work, CVWD sha ll remit to the City the sum of ______________________________________________________ ($______ _______) in full payment for the construction of the new 8-inch diameter ductile iron water main and appurtenances.
COACHELLA VALLEY WATER DISTRICT,
a public agency of the State of California
By
J. M. Barrett
General Manager
CITY HAS READ THE FOREGOING LETTER AND ACCEPTS THE TERMS SET FORTH THEREIN.
CITY OF CATHEDRAL CITY,
a municipal corporation
By
Name
Its
Charlie McClendon
City of Cathedral City
November 28, 2022
4.H.c
Packet Pg. 113
Attachment: CVWD Staff Report (3524 : Via De Anza Phase II Reimbursement Agreement with CVWD)
Enclosure/1/as
cc: John A. Corella, P.E. (with enclosure)
City Engineer
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
DR: al\Eng\DW\2022\Nov\Cathedral City Reimbursement Agmt Via De Anza File: 0437.1, 0001.3, 1150.13, 0426.1521
4.H.c
Packet Pg. 114
Attachment: CVWD Staff Report (3524 : Via De Anza Phase II Reimbursement Agreement with CVWD)
4.H.c
Packet Pg. 115
Attachment: CVWD Staff Report (3524 : Via De Anza Phase II Reimbursement Agreement with CVWD)
Cathedral City Page 1 of 2 Printed on 12/14/2022
Staff Report
City Council
Item No. 6.A
Meeting Date: December 14, 2022
From: Kevin Biersack, Accounting Services Manager
Title: CFD 2006-1, IA #15, Formation, Election and Ordinance Public Hearing
City Council
RECOMMENDATION:
For the City Council of the City of Cathedral City, acting on behalf of Improvement Area (IA) No. 15 of the City of Cathedral City Community Facilities District (CFD) 2006-1 (law enforcement, police, paramedic, park and general maintenance services), to adopt the following:
· Resolution of Formation determining the validity of prior proceedings (Resolution 2021-34, Resolution of Intention)
· Resolution Calling for a Special Election
· Resolution Canvassing the Results of the Special Election
· Introduce the 1st reading of an Ordinance Authorizing the Levy of a Special Tax
BACKGROUND:
On November 9, 2022, the City Council declared its intention to form Improvement Area No.15 of the City of Cathedral City Community Facilities District No. 2006 -1 (law enforcement, fire , paramedic, park maintenance and general maintenance services) (“CFD”) for the purpose of paying for additional law enforcement, fire, paramedic, park and general maintenance services within areas of new development.
DISCUSSION:
A public hearing has bee n set for December 14, 2022. As directed in the Resolution of Intention, David Taussig & Associates, Inc. prepared the Rate and Method of Apportionment (“RMA”), an analysis of the special tax to allow each property owner or resident, within the proposed d istrict, to understand the annual amount required for payment.
6.A
Packet Pg. 116
Cathedral City Page 2 of 2 Printed on 12/14/2022
New developments are conditioned to join CFD 2006 -1 and will join through an annexation process. The annexations will be processed in a timely manner, as new developments go through the app roval processes. If formed, this CFD will provide a secure source of funding for the services described above that may not be taken away by Sacramento in the case of State budget cuts. It is proposed this Improvement Area will be formed within the CFD for the Escena 52, a 52-home residential development project.
Provided there is no majority protest at this public hearing, the City Council may adopt the resolution forming the CFD. Waiver regarding election timelines from the property owner has been rece ived, so an election can be held December 14, 2022 authorizing the levy of a special tax. Should the proposition for the CFD pass with a two -thirds vote from the qualified voters (the landowners) within the CFD, the City Council may have the first reading of an Ordinance levying the special tax.
FISCAL IMPACT:
The proposed project is residential therefore, as identified in Table 1, the rate for Land Use Class of Residential, per Equivalent Dwelling Unit (“EDU”) for Fiscal Year (“FY”) 2021-2022, is $656.31. The Non-Retail Commercial/Industrial Property special tax is not applicable. This special tax increases (but does not decrease) by the percentage change in the Consumer Price Index, not to exceed one percent (1%) per Fiscal Year.
The proposed IA No. 15 , Escena 52 project of 52 single family homes, will generate annual revenue in the amount of $34,128.12.
ATTACHMENTS:
CATHEDRAL CITY CFD 2006-1, IA #15 - ORDINANCE
RMA CFD 2006-1 IA 15 01
CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION OF FORMATION CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION CANVASSING RESULTS OF
THE SPECIAL ELECTION
CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION CALLING A SPECIAL
ELECTION
Cathedral City CFD 2006-1 IA 15 Boundary Map
6.A
Packet Pg. 117
ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 200 6-1 ( LAW
ENFORCEMENT, FIRE, PARAMEDIC , PARK MAINTENANCE AND
GENERAL MAINTENANCE SERVICES) OF THE CITY OF
CATHEDRAL CITY AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN SAID DISTRICT
WHEREAS, on November 9, 2022, the City Council (the “Council”) of the City of Cathedral City, California (the “City”) adopted Resolution No. 2022-53 stating its intention to form Improvement Area No. 16 of the City of Cathedral City Community Facilities District No. 2006-1 (law enforcement, fire, paramedic, park maintenance and general maintenance services) (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, n otice was published as required by law relative to the intention of the Council to form the District; and
WHEREAS, on December 14, 2022 this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the District and the rate and method of apportionment and manner of collection of the special tax to be levied within the District to finance certain public services; and
WHEREAS, at said hearing all persons des iring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2022- __ (the “Resolution of Formation”) determining th e validity of prior proc eedings relative to the formation of the District and establishing the District; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2022- __ which called an election within the District for December 14, 2022 on the proposition of levying a special tax; and
WHEREAS, on December 14, 2022, an election was held within the District in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax; NOW, THEREFORE, BE IT ORDAINED, by the City Counc il of the City o f Cathedral City as follows:
Section 1. A special tax is levied within the boundaries of the District pursuant to the formula set forth in Exhibit “A” attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing police p rotection, fire
6.A.a
Packet Pg. 118
Attachment: CATHEDRAL CITY CFD 2006-1, IA #15 - ORDINANCE (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public protection/paramedic and park maintenance services that are in addition to those provided in the territory within the district prior to the formation of the district.
Section 2. This legislative body is hereby further authorized to provide, by resolution adopted as provided in Section 53340 of the Act, for the levy of the special tax in the then current tax year or future tax years, except that the special tax rates to be levied sha ll not exceed the maximum rates set forth in Exhibit “A”.
Section 3. All of the collections of the special tax shall be used as provided for in the Act and the Resolution of Formation.
Section 4. The above authorized special tax shall be collected in the s ame manner as ordinary ad valorem taxes ar e collected and sh all be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes.
Section 5. The Mayor shall sign this ordinance and the City Clerk sh all attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circu lation published and circu lated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.
Section 6. This ordinance relating to the levy of t he special tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Asse ssor and the Treasurer-Tax Collector of Riverside County.
6.A.a
Packet Pg. 119
Attachment: CATHEDRAL CITY CFD 2006-1, IA #15 - ORDINANCE (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public PASSED, APPROVED and ADOPTED this 14th day of December, 20 22 by the following votes:
AYES:
NOES:
MAYOR
ATTEST:
CITY CLERK
6.A.a
Packet Pg. 120
Attachment: CATHEDRAL CITY CFD 2006-1, IA #15 - ORDINANCE (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
6.A.a
Packet Pg. 121
Attachment: CATHEDRAL CITY CFD 2006-1, IA #15 - ORDINANCE (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 1
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 15 OF
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(ESCENA 52)
OF THE CITY OF CATHEDRAL CITY
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Improvement Area No. 15 (“IA No. 15”) of Community Facilities District No. 2006-1 of the City of Cathedral City ("CFD No. 2006-1") and collected each Fiscal Year commencing in Fiscal Year 2022-2023, in an amount determined by the Council through the application of the appropriate Special Tax for "Developed Property" as described below. All of the real property in IA No. 15, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Ass essor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of IA No. 15 : the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or bo th); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, IA No. 15 or any designee thereof of complying with City or IA No. 15 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, IA No. 15 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or IA No. 15 for any other administrative purposes of IA No. 15, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for the annual administration of IA No. 15 as provided herein.
6.A.b
Packet Pg. 122
Attachment: RMA CFD 2006-1 IA 15 01 (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public Hearing) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 2
"CFD No. 2006-1" means Community Facilities District No. 2006-1 of the City.
"City" means the City of Cathedral City.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2006-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued after March 1, 2021 and prior to May 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Floor Area" for any Non -Residential Property means the total square footage of the building(s) located on such property, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel.
"Improvement Area No. 15" means Improvement Area No. 15 of CFD No. 2006-1 (Escena 52), as identified on the boundary map for CFD No. 2006-1.
"Land Use Class" means any of the classes listed in Table 1.
"Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C.1 below, which can be levied in any Fiscal Year on any Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels for which a building permit(s) was issued for a non-residential use.
"Non-Retail Commercial/Industrial Property" means all Assessor’s Parcels of Developed Property that are considered Non -Residential Property and that are not Retail Commercial Property.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of IA No. 15 that was owned by or irrevocably offered for
6.A.b
Packet Pg. 123
Attachment: RMA CFD 2006-1 IA 15 01 (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public Hearing) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 3
dedication to a property owner association, including any master or sub -association, as of January 1 of the previous Fiscal Year.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of IA No. 15 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of IA No. 15 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor’s Parcels of Non -Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator. However, if the land use of an Assessor’s Parcel changes and such Assessor’s Parcel no longer generates retail sales tax, such Assessor’s Parcel shall no longer be considered Retail Commercial Proper ty and shall be classified and taxed according to its use, as determined by the CFD Administrator.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 15 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classi fied as Developed Property.
"Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County’s assessor’s roll finalized as of the last preceding January 1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within IA No. 15 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance
6.A.b
Packet Pg. 124
Attachment: RMA CFD 2006-1 IA 15 01 (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public Hearing) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 4
with the rate and method of apportionment determined pursuant to Section C.
Residential Property shall be assigned to Land Use Class 1. Non-Retail Commercial/Industrial Property shall be assigned to Land Use Class 2.
C. MAXIMUM SPECIAL TAX
1. Developed Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2022-2023 for each Land Use Class is shown below in Table 1.
TABLE 1
Maximum Special Tax for Developed Property
For Fiscal Year 2022-2023
Improvement Area No. 15
Land Use Class Description Maximum Special Tax
1 Residential $656.31 per unit
2 Non-Retail
Commercial/Industrial Property $0.1526 per SF of Floor Area
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2023, the Maximum Special Tax shall be increased (but not decreased) by the percentage change in the Consumer Price Index not to exceed one percent (1%) per Fiscal Year.
c. Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.
2. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
6.A.b
Packet Pg. 125
Attachment: RMA CFD 2006-1 IA 15 01 (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public Hearing) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 5
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the Council shall levy the Special Tax on each Assessor’s Parcel of Developed Property at 100% of the applicable Maximum Special Tax.
E. EXEMPTIONS
No Special Tax shall be levied on Retail Commercial Property, Property Owner Association Property, Public Property, or any Assessor’s Parcel that has a Welfare Exemption. However, should an Assessor’s Parcel no longer be classified as Retail Commercial Property, Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
G. MANNER OF COLLECTION
The Special Tax shall be collected in the sa me manner and at the same time as ordinary ad valorem property taxes; provided, however, that IA No. 15 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
6.A.b
Packet Pg. 126
Attachment: RMA CFD 2006-1 IA 15 01 (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public Hearing) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 6
H. TERM OF SPECIAL TAX
The Council is authorized to levy the Special Tax in perpetuity.
6.A.b
Packet Pg. 127
Attachment: RMA CFD 2006-1 IA 15 01 (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public Hearing) RESOLUTION NO. 2022-_____
RESOLUTION OF FORMATION OF T HE CITY COUNCIL OF THE
CITY OF CATHEDRAL CITY DETERMINING THE VALIDITY OF
PRIOR PROCEEDINGS, ESTABLISHING IMPROVEMENT AREA NO.
15 OF THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES
DISTRICT NO. 200 6-1 ( LAW ENFORCEMENT, FIRE, PARAMEDIC ,
PARK MAINTENANCE AND GENERAL MAINTENANCE SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Cathedral City , California (the “City”), has heretofore adopted Resolution No. 2022-53 stating its intention to fo rm Improvement Area No. 16 of the City of Cathedral City Community Facilities District No. 2006- 1 ( law enforcement, fire, paramedic, park maintenance and general services) ( the “District ”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, a copy of Resolution No. 2022-53, incorporating a description and map of the proposed boundaries of The District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a portion of the cost of providing police protection services, fire protection/paramedic services and park maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory of proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and
WHEREAS, Resolution No. 2022-53 set November 9 , 20 22 as the date o f the public hearing on the formation of the District and this Council held the said public hearing as required by law; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all m atters perta ining to the form ation of the District were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 . Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines the proceedings prior hereto were valid and in conformity with the requirements of the Act.
Section 2. A community facilities district to be designated “Improvement Area No. 16 of the City of Cathedral City Community Facilities District No. 200 6-1 ( law enforcement, fire, paramedic, park maintenance and general maintenance services)” is hereby established pursuant to the Act.
6.A.c
Packet Pg. 128
Attachment: CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION OF FORMATION (3527 : CFD 2006-1, IA #15, Formation, Election and 2 Section 3. The description and map of the boundaries of the District on file in the City Clerk’s office and as described in said Resolution No. 2022-53 and incorpora ted h erein by reference, shall be the boundaries o f the District. The map of the proposed boundaries of the District has been recorded in the Office of the County Recorder of Riverside County, California in Book 90, page 9 of the Book of Maps of Assessme nts a nd Community Facili ties Districts (Instrument Number 2022-0486357).
Section 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a po rtion of the cost of providi ng police protection, fire protection/paramedic and park maintenance se rvices that are in addition to those provided in the territory within The District prior to the formation of the District and do not supplant services already av ailable within the terri tory proposed to be included in the District. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services.
Section 5 . Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the Council hereby establishes the following accountability measures pertaining to the levy by the District within the District of the special tax:
A. Such special tax shall be levied for the specific purposes set forth herein.
B. The proceeds of the levy of such special tax shall be applied only to the specific purposes set forth herein.
C. The Distri ct shall establish an ac count or accounts into whi ch the proceeds of such special tax shall be deposited.
D. The City Manager, or his or here designee, acting for and on behalf of the District, shall annually file a report with the Council as required purs uant to Government Code Section 50075.3.
Section 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in the District, and this lien shall continue in for ce and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases.
Section 7. The Council finds that the proposed public services are neces sary to meet the increased demand put upon the City as a result of the development within the District.
Section 8. The Council finds that there is not an ad valorem property tax currently being levied on property within the proposed the District for the exclusive purpose of financing police, fire, paramedic and park maintenance services.
Section 9. Written protests against the establishment of the District , or against the furnishing of specified services or facilities or the levying of a specified special tax within the
6.A.c
Packet Pg. 129
Attachment: CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION OF FORMATION (3527 : CFD 2006-1, IA #15, Formation, Election and 3 District, have not been filed by f ifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within the proposed the District.
Section 10. Written protests against the future annexa tion of the Future Annex ation Area, or against the furnishing of specified services or facilities or the levying of a specified special tax within such Future Annexation Area, have not been filed by fifty percent (50%) or more of the registered voters or p roperty owners of one -half (1/2) or more of the ar ea of land within the Future Annexation Area.
Section 11. The Office of the City Manager, 68700 Avenida Lalo Guerrero , Cathedral City, California 9 2234, ( 760) 770-0340, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.
Section 12. The City Clerk is directed to certi fy and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit.
PASSED, APPROVED and ADOPTED this 14th day of December, 2022 by the following votes:
AYES:
NOES:
MAYOR
ATTEST:
CITY CLERK
6.A.c
Packet Pg. 130
Attachment: CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION OF FORMATION (3527 : CFD 2006-1, IA #15, Formation, Election and
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
6.A.c
Packet Pg. 131
Attachment: CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION OF FORMATION (3527 : CFD 2006-1, IA #15, Formation, Election and RESOLUTION NO. 2022-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ACTING ON BEHALF OF IMPROVEMENT AREA
NO. 15 OF THE CITY OF CATHEDRAL CITY COMMUNITY
FACILITIES DISTRICT NO. 200 6-1 ( LAW ENFORCEMENT, FIRE,
PARAMEDIC, PARK MAINTENANCE AND GENERAL
MAINTENANCE SERVICES) CANVASSING THE RESULTS OF THE
SPECIAL ELECTION HELD WITHIN SAID DISTRICT
WHEREAS, the City Council of the City of Cathedral City, California (the “Council”) has previously conducted proceedings pertaining to the formation of Improvement Area No. 15 of the City of Cathedral City Community Facilities District No. 200 6-1 (law enforcement, fire, paramedic, park maintenance and general maintenance s ervices) ( the “District”), the rate and method of apportionment of a special tax to finance a portion of th e cost of providin g certain public services, and the calling of a special election in regard to the foregoing; and WHEREAS, on December 14, 2022 a special election was held within the District regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such special election the proposal for the rate and method of apportionment and manner of collection of the special tax for the District was approved by the qualified electors of the District;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATH EDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. It is hereby determined that the election conducted within the District was duly conducted.
Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of District, as specified in Resolution No. 2022- __ adopted by the City Council on December 14, 2022.
6.A.d
Packet Pg. 132
Attachment: CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION CANVASSING RESULTS OF THE SPECIAL ELECTION (3527 : CFD 2006-1, IA PASSED, APPROVED and ADOPTED this 14th day of December, 20 22 by the following votes:
AYES:
NOES:
MAYOR
ATTEST:
CITY CLERK
6.A.d
Packet Pg. 133
Attachment: CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION CANVASSING RESULTS OF THE SPECIAL ELECTION (3527 : CFD 2006-1, IA EXHIBIT “A”
RESOLUTION NO. 2022-_____
RESOLUTION OF T HE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ACTING ON BEHALF OF IMPROVEMENT AREA
NO. 15 OF THE CITY OF CATHEDRAL CITY COMMUNITY
FACILITIES DISTRICT NO. 200 6-1 ( LAW ENFORCEMENT, FIRE,
PARAMEDIC, PARK MAINTENANCE AND GENERAL
MAINTENANCE SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “Council”) of the City of Cathedral City , California (the “City”), has heretofore adopted Resolution No. 2022-53 stating its intention to form Improvement Area No. 15 of the City of Cathedral City Community Facilities District No. 2006- 1 (law enforcement, fire, paramedic, park maintenance and general maintenance services) (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 2022-53, incorporating a description and map of the proposed boundaries of the District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a po rtion of the cost of providing police protection, fire protection/paramedic and park maintenance s ervices that are in addition to those provided in the territory within the District prior to the formation of the District and do not suppla nt services alread y available within the territory proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and
WHEREAS, on December 14, 2022 this Council held a noticed hearing a s required by law relative to the proposed formation of the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and
WHEREAS, at said hear ing e vidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and
WHEREAS, this Council adopted its Resolution No. 2022-______ (the “Resol ution of Formation”) determining the validity of prior proceedings and establishing the District; and WHEREAS, the proposed special tax to be levied upon property within the District to finance the above referenced public services h as not been precluded by protest of the o wners of one-half (1/2) or more of the area of land within the District; and WHEREAS, this Council wishes to present to the qualified electors of the District a proposition to levy special taxes on property within the District;
6.A.e
Packet Pg. 134
Attachment: CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION CALLING A SPECIAL ELECTION (3527 : CFD 2006-1, IA #15, Formation,
NOW, THEREFORE, THE CITY CO UNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of the District a proposition (the “Pr oposition”) to levy spec ial taxes on prop erty within the District in accordance with the rate and method specified in the Resolution of Formation. The Proposition is attached as Exhibit “A.” Section 2. A special election is hereby called for the District on the Proposition set forth in Section 1 above.
Section 3. The City Clerk shall hand deliver the ballot to the landowner immediately upon the adoption of this Resolution or shall have mailed the ballot in advance.
Section 4. The date of the special electi on for the District on the Proposition shall be on December 14, 2022. The voter ballot shall be returned to the City Clerk at 68700 Avenida Lalo Guerrero, Cathedral City, California 92234, no later than 5:30 o’clock p.m. on December 14, 2022.
Section 5. The Council finds and dete rmines that the re were no registered voters residing within the territory of proposed District at the time of the protest hearing and ninety (90) days prior thereto.
Section 6. The District shall constitute a single election precin ct for the purpose of holding said election.
Section 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Cathedral City, as the elections official.
6.A.e
Packet Pg. 135
Attachment: CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION CALLING A SPECIAL ELECTION (3527 : CFD 2006-1, IA #15, Formation, PASSED, APPROVED and ADOPTED this 14th day of December, 2022 by t he following votes:
AYES:
NOES:
MAYOR
ATTEST:
CITY CLERK
6.A.e
Packet Pg. 136
Attachment: CATHEDRAL CITY CFD 2006-1, IA #16 - RESOLUTION CALLING A SPECIAL ELECTION (3527 : CFD 2006-1, IA #15, Formation,
6.A.f
Packet Pg. 137
Attachment: Cathedral City CFD 2006-1 IA 15 Boundary Map (3527 : CFD 2006-1, IA #15, Formation, Election and Ordinance Public Hearing)
Cathedral City Page 1 of 1 Printed on 12/14/2022
Staff Report
City Council
Item No. 7.A
Meeting Date: December 14, 2022
From: Tracey Hermosillo, City Clerk
Title: Interview Applicant for the Palm Springs International Airport Commission and Consider an Appointment to fill the Vacant Seat with a term expiring on June 30, 2024.
City Council
RECOMMENDATION:
Staff recommends the City Council interview the applicant that submitted an application for possible appointment to fill one vacant seat on the Palm Springs International Airport Commission with a term expiring on June 30, 2024.
BACKGROUND:
On September 28, 2022, the City Council accepted the resignation of Jill Philbrook, effective immediately. Staff posted the Notice of Vacancy pursuant to Government Code 54957 and advertised the vacancy in the Desert Sun and through social media.
The deadline for applications was October 28, 2022.
DISCUSSION:
Staff received one application from Tony Michaelis, which is attached for your review.
Staff recommends City Council interview Mr. Michaelis and consider appointing him to fill the vacant seat on the Palm Springs International Airport Commission with a term continuing through June 30, 2024.
FISCAL IMPACT:
There is no fiscal impact with this item.
ATTACHMENTS:
Application
7.A
Packet Pg. 138
7.A.a
Packet Pg. 139
Attachment: Application (3539 : Commission Interview and Appointment)
7.A.a
Packet Pg. 140
Attachment: Application (3539 : Commission Interview and Appointment)
7.A.a
Packet Pg. 141
Attachment: Application (3539 : Commission Interview and Appointment)
7.A.a
Packet Pg. 142
Attachment: Application (3539 : Commission Interview and Appointment)
Cathedral City Page 1 of 3 Printed on 12/14/2022
Staff Report
City Council
Item No. 7.B
Meeting Date: December 14, 2022
From: John Corella, Director of Engineering/Public Works Title: FIND Food Bank Services for the Edible Food Recovery Program
City Council
RECOMMENDATION:
To authorize the City Manager to enter into an Agreement with FIND Food Bank for the purpose of meeting SB -1383 regulatory requirements and providing support to the Cathedral City Edible Food Recovery Program.
BACKGROUND:
Senate Bill No. 1383 was signed into law on Septe mber 19, 2016. It is the most significant waste reduction mandate to be adopted in the State of California in the last thirty years. SB 1383 required the reduction of organic waste disposal by 50% by January 2020 and 75% by 2025 , respectively . Additionally , SB 1383 requires an increase of 20% in edible food recovery by 2025 and introduced regulatory requirements for both food generators and jurisdictions.
SB 1383 places many requirements on jurisdictions , including the establishment of an edible food recovery program that requires the following:
• Documentation
• Contracts between edible food generators and recovery organizations • Coordination
• Data collection
• Reporting
• Other requirements
The City is required to establish food recovery programs and strengthen its existing food recovery networks. Fines for non-compliance may be up to $10,000 per day.
DISCUSSION:
7.B
Packet Pg. 143
Cathedral City Page 2 of 3 Printed on 12/14/2022
The City is required to ensure that Tier 1 generators (which includes grocery stores over 10,000 sq ft. in size, wholesale vendors, and food distrib utors) donate edible food, have contracts in place with the non -profit organizations to receive recovered edible food and ensure these generators are keeping records for inspection.
Starting 2022, the City is required to ensure compliance with the inspection of records to include review of contracts and data to ensure there is proper reporting on Tier 1 generators.
Cathedral City Tier 1 Generators (7):
• Stater Brothers (2 locations)
• Target
• Grocery Outlet of Cathedral City
• Cardenas
• Food 4 Less
• 99 Cent Only Store
To successfully divert edible food from landfill disposal t here is considerable infrastructure, systems and staffing needed to include:
• Tracking and coordination of systems
• Edible food contract management
• Data collection of types and weights of food recovered • Coordination and transportation of food and food safety training
There would be considerable expense and staffing needed if the City were to implement an effective program internally. To offset these unfunded expenses and requirem ents, a partnership with a food recovery organization would enhance the success, reduce the costs, and ensure compliance by Cathedral City businesses.
FIND Food Bank has submitted a proposal (attached MOU) to the City of Cathedral City to help meet regul atory requirements and provide support to the Cathedral City Edible Food Recovery Program. FIND Food Bank is the Coachella Valley’s Regional Food Bank and has been operating since 1983. FIND has expertise, established systems, a network of volunteers and a history of providing food assistance directly , as well as distribution through other non-profit organizations. A partnership with FIND food bank will help the City and its edible food generators meet the SB -1383 requirements, reducing the risk of unnecessary fines.
Staff is requesting the City Manager be authorized to execute an MOU with FIND Food Bank and allocate funding in an amount not to exceed $16,500 annually from the City’s Environmental Fund to help meet SB 1383 regulatory requirements and provide support to the Cathedral City Edible Food Recovery Program.
FISCAL IMPACT:
7.B
Packet Pg. 144
Cathedral City Page 3 of 3 Printed on 12/14/2022
The program cost for Tier 1 Edible Food Recovery Program for calendar year 202 3 would be $ 16,500. The program would be funded out of available Environmental Fund 246 – MO3533 SB 1383 Program funds.
ATTACHMENTS:
FIND SB1383 Jurisdiction service fees 2023
CATHEDRAL CITY FIND MOU
7.B
Packet Pg. 145
SB1383 Jurisdiction Services
Coachella Valley Region
Overview: SB1383’s effect on food rescue and recovery operations introduced regulatory requirements for both food generators and jurisdictions. Failure to follow SB1383’s requirements has the potential to result in fees ranging between $50—$10,000 per day depending on the agency enforcing the regulations in the local jurisdictions (articles 14 and 15). Further, SB1383 enters into law specificities on documentation, coordination, data collection, reporting requirements and other nuances related to food rescue that requires expertise in food handling, tracking, inventory, and systems capable of navigating correctly through the law. A jurisdiction trying to meet the SB1383 requirements using internal staff could be costly with the amount of staff training, IT food rescue tracking systems integration, SB1383 contracts program management and food rescue establish- ment support. As part of SB1383 recommendations, CalRecycle mentions jurisdictions and establishments partning with their local regional food banks to support their efforts to achieve SB1383 requirements.
For the Coachella Valley region, FIND Food Bank is the Desert’s Regional Food Bank since 1983 with the expertise, systems and ability to help jurisdictions and establishments meet the SB1383 requirements, reducing their risk of unnecessary fines. Additionally, FIND’s services combines meeting the SB1383 require- ments on behalf of the jurisdiction and establishments, with serving the most vulnerable populations who are in need of food assistance. A marriage is created between regulatory requirements and human services estab- lishing corporate social responsibility for businesses, and jurisdictions elevate their services to community by engaging more deeply in the food insecurity sector. Edible food being equitably distributed to people in need, instead of going to landfill becomes a win for all: Jurisdictions, Food Establishments, Regional Food Bank, and People in Need.
FIND SB1383 Services: To help jurisdictions meet their regulatory requirements and provide support to their local establishments meet their requirements as well, FIND offers the following as contracted services with the jurisdictions:
• Food Rescue Contract management for each
Establishment
• Food Rescue Management including:
Food Rescue logistics
Food Rescue Donation receipts for possible tax
deductions
Food Rescue transportation
Food Rescue Food Recall System
Food Rescue Food Distribution Site training
• Establishment Training and Coordination
• Volunteer Training and Coordination
• Food Distribution Site Coordination
• Food Rescue Volunteer Program Management
• Volunteer Training
• Volunteer Food Rescue Coordination
• Food Rescue Mobile App Platform Management
• Baseline Report of lbs rescued by establishment
• Ongoing Quarterly reports of lbs rescued by
establishment to jurisdiction
• Ongoing Quarterly reports of lbs rescued to
establishment
a 501(c)3 Non Profit Corporation
For more information about SB1383 Services contact
Tina Nazarian: [email protected]
For more information about FIND Food Bank:
FINDfoodbank.org
7.B.a
Packet Pg. 146
Attachment: FIND SB1383 Jurisdiction service fees 2023 (3537 : SB 1383 FIND Partnership) SB1383 Jurisdiction Services—Schedule of Fees 2023
Coachella Valley Region
The following is a schedule of FIND SB1383 services fees for jurisdictions. The fees are all inclusive of the services highlighted below.
For more information about SB1383 Services contact
Tina Nazarian: [email protected]
For more information about FIND Food Bank:
FINDfoodbank.org
• Food Recovery Contract management for each
Establishment
• Food Rescue Management including:
Food Rescue logistics
Food Rescue Donation receipts for possible tax
deductions
Food Rescue transportation
Food Rescue Food Recall System
Food Rescue Food Distribution Site training
• Establishment Training and Coordination
• Volunteer Training and Coordination
• Food Distribution Site Coordination
• Food Rescue Volunteer Program Management
• Volunteer Training
• Volunteer Food Rescue Coordination
• Food Rescue Mobile App Platform Management
• Baseline Report of lbs rescued by establishment
• Ongoing Quarterly reports of lbs rescued by
establishment to jurisdiction
• Ongoing Quarterly reports of lbs rescued to
Tier 1: # of Grocery Stores in
jurisdiction Annual Fee
1-5 $8,250
6-10 $16,500
11-15 $25,000
16+ $33,000
a 501(c)3 Non Profit Corporation
7.B.a
Packet Pg. 147
Attachment: FIND SB1383 Jurisdiction service fees 2023 (3537 : SB 1383 FIND Partnership)
MEMORANDUM OF UNDERSTANDING
Between
FIND FOOD BANK
And
CATHEDRAL CITY
7.B.b
Packet Pg. 148
Attachment: CATHEDRAL CITY FIND MOU (3537 : SB 1383 FIND Partnership)
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING (“MOU”), made and entered into effective the 14th day of December, 2022, by and between the City of Cathedral City, a municipal corporation (“CITY”) and FIND Food Bank (“FIND”) (individually, “PARTY;” collectively, “PARTIES”) shall be as follows:
RECITALS
WHEREAS CITY desires to facilitate edible food collection and distribution within its members’ jurisdictions consistent with State regulations; and
WHEREAS FIND manages the Coachella Valley center serving Cathedral City edible food organizations and food recovery services providing edible f ood recovery programs within the CITY’S boundaries;
WHEREAS CITY and FIND desire cooperatively to carry out effective regional edible food recovery; and
NOW THEREFORE, and in consideration of the covenants and conditions contained herein, it is agreed between the PARTIES as follows:
1. TERM AND LIMITATIONS
1.1 The term of this MOU shall be from January 1, 2023 through December 30, 2023, unless otherwise terminated as provided herein.
1.2 If additional funding is available, the term of this MOU may be ext ended for an additional one (1) year period, upon mutual written agreement of both PARTIES representatives.
1.3 Alternatively, the PARTIES mutually may agree to execute another form of agreement to continue the work.
1.4 PARTIES agree that this MOU is fo cused on serving Tier One generators as defined by CalRecycle.
7.B.b
Packet Pg. 149
Attachment: CATHEDRAL CITY FIND MOU (3537 : SB 1383 FIND Partnership)
2. RESPONSIBILITIES OF CITY:
2.1 CITY will coordinate contacts between FIND and member agency staff.
2.2 CITY will identify and provide introductions to local commercial food generators and recovery organizations and services with input from member agencies.
2.3 CITY will secure necessary input from California Department of Resources Recycling and Recovery (CalRe cycle) to assure compliance with its applicable edible food recovery regulations.
2.4 CITY will work closely with FIND to detail steps needed to assure effective regulatory compliance.
3. RESPONSIBILITIES OF FIND:
3.1 FIND will prepare and implement an information system model based on its current clients and operation.
3.2 FIND will work closely with the CITY to assure that CITY information system and operations comply with State edible food recovery regulations.
3.3 FIND will assist CITY and its member agencies to assess capacity for edible food recovery, including but not limited to identification of local food recovery organizations and services, and describing resources needed to operate effectively.
3.4 FIND will support edible food recovery efforts throughout CITY territory, including reasonable efforts to share its information system model if needed.
3.5 FIND will provide records to the CITY for each member agency documenting its performance in compliance with the regulations.
3.6 FIND will work with Tier One commercial edible food generators (supermarkets, grocery stores, food distributors and wholesalers) to comply with their requirements.
3.7 FIND will prepare a standard contract or written agreement between generators and food recovery organizations or services that may be utilized by CITY members in compliance with all applicable laws and regulations.
3.8 FIND will assure compliance with food recovery organization or service record keeping
7.B.b
Packet Pg. 150
Attachment: CATHEDRAL CITY FIND MOU (3537 : SB 1383 FIND Partnership)
requirements for edible food recovery programs.
3.9 FIND shall keep appropriate records regarding the programs and actions under this MOU and shall provide copies of all such records to CITY upon request.
4. TERMINATION
Either PARTY may terminate this MOU with or without cause upon thirty (30) calendar days’ prior written notice to the other PARTY. The PARTIES mutually may agree to waive this notice requirement and terminate this MOU immediately.
5. INDEMNIFICATION; INSURANCE
5.1 FIND shall indemnify, hold harmless and defend the CITY and any and all of its member agencies and their officers, agents, servants, or employees against any and all claims, loss, damage, charge or ex pense, including reasonable attorneys’ fees for counsel acceptable to CITY, to which the CITY or such officers, agents, servants, or employees may be put or subject to, by reason of any damage, loss or injury of any kind or nature whatever to persons or property to the extent caused by the negligent act or action, or any neglect, or failure to act, when under a duty to act, on the part of FIND, in its performance hereunder. In the event claims, losses, damages, charges, fines, charges, or expenses are cause d by the joint or concurrent negligence of CITY and FIND, they shall be borne by each PARTY in proportion to its negligence.
5.2 CITY shall indemnify, hold harmless and defend the FIND and any and all of its officers, agents, servants, or employees against any and all claims, loss, damage, charge or expense, including reasonable attorneys’ fees, to which the FIND or such officers, agent s, servants, or employees may be put or subject to, by reason of any damage, loss or injury of any kind or nature whatever to persons or property to the extent cause by the negligent act or action, or any neglect, or failure to act, when under a duty to ac t, on the part of CITY in its performance hereunder. In the event claims, losses, damages, charges, fines, charges, or
7.B.b
Packet Pg. 151
Attachment: CATHEDRAL CITY FIND MOU (3537 : SB 1383 FIND Partnership)
expenses are caused by the joint or concurrent negligence of CITY and FIND, they shall be borne by each PARTY in proportion to its negligence.
5.3 The PARTIES agree to procure and maintain insurance coverages sufficient to cover their respective risks.
6. PAYMENT
CITY will pay FIND $16,500 annually for its work associated with this MOU. FIND will submit an invoice for payment monthly, accompanied by a report of activities during the preceding month.
Payments will be made monthly in twelve equal payments.
7. PROGRAM COORDINATION
7.1 The CITY’s City Manager, or his/her designee, shall be the representative of CITY for all purposes of this MOU.
7.2 The CITY’s City Manager hereby designate s the C ITY’s Environmental Conservation Manager as the Program manager for CITY. He/she shall supervise the progress and execution of this MOU.
7.2 FIND assigns its Chief Executive Officer to have overall responsibility for the progress and execution of this MOU.
8. NOTICES AND COMMUNICATIONS
Any notice by either PARTY to the other shall be personally delivered to the P ARTY or sent by certified mail, return receipt requested, to the addresses set forth below, or to such other addresses as any PARTY may from time to time notify the others in writing. Such notice shall be deemed served when personally delivered for 3 business days after deposit into the mail.
FOR CITY:
Attn: City Manager
City of Cathedral City
c/o Charlie McClendon
68700 Ave Lalo Guerrero
Cathedral City, CA 92234
7.B.b
Packet Pg. 152
Attachment: CATHEDRAL CITY FIND MOU (3537 : SB 1383 FIND Partnership)
FOR FIND:
Attn: CEO
FIND Food Bank
83775 Citrus Ave.
Indio, CA 92201
9. ENTIRE AGREEMENT
This MOU contains the entire agreement between the PARTIES relating to the transactions contemplated hereby and supersedes all prior or contemporaneous memoranda of understandings, understandings, provisions, negotiations, representations, or statements, either written or oral.
10. MODIFICATION
No modification, waiver, amendment, discharge, or change of this MOU shall be valid unless the same is in writing and signed by both PARTIES. No waiver of any term or conditions of this MOU shall be a continuing waiver thereof.
11. AUTHORITY FOR EXECUTION
Each of the individuals executing this MOU on behalf of the PARTIES represents and warrants that he/she is duly authorized to execute and deliver this MOU on behalf of CITY or FIND, as applicable; and that such execution and delivery on behalf of either CITY or FIND is duly authorized and within the authority of the signatory identified below.
12. CHOICE OF LAW
The laws of the State of California shall govern this MOU. Proper venue for any dispute regarding this MOU shall lie in San Bernardino County, California.
13. INTERPRETATION
This MOU shall be interpreted to give effect to its fair meaning and shall be construed as though both PARTIES prepared it.
7.B.b
Packet Pg. 153
Attachment: CATHEDRAL CITY FIND MOU (3537 : SB 1383 FIND Partnership)
14. ASSIGNMENT
Unless authorized in writing by both PARTIES, neither PARTY shall assign or transfer any rights or obligations covered by this MOU. Any unauthorized assignment or transfer shall constitute grounds for termination by the other PARTY.
15. SEVERABILITY
If any one or more of the provisions of this MOU is held to be invalid, illegal, or unenforceable, then such provision or provisions sha ll be severed here from , and the remai ning provisions of the MOU shall continue in full force and effect and shall not be affected, impaired, or invalidated in any way.
16. EXECUTION OF COUNTERPARTS
If this MOU is executed in counterparts, each counterpart shall be deemed an original, and all such counterparts or as many of them a s the PARTIES preserve undestroyed shall togeth er constitute one and the same MOU.
AREA LEFT INTENTIONALLY BLANK
7.B.b
Packet Pg. 154
Attachment: CATHEDRAL CITY FIND MOU (3537 : SB 1383 FIND Partnership)
IN WITNESS WHEREOF , this MOU has been duly executed by the respective parties hereto by their duly authorized officers.
CATHEDRAL CITY FIND Food Back
a California municipal corporation a California Business
By: _________________________ By: ________________________ Charlie McClendon, City Manager Debbie Espinosa, President & CEO
ATTEST:
By: ___________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
________________________________
Eric Vail, City Attorney
Dated: _________________________
7.B.b
Packet Pg. 155
Attachment: CATHEDRAL CITY FIND MOU (3537 : SB 1383 FIND Partnership)
Cathedral City Page 1 of 3 Printed on 12/14/2022
Staff Report
City Council
Item No. 7.C
Meeting Date: December 14, 2022
From: Stone James, Economic Development Director
Title: 2023 State of the City (SOC: Greater Coachella Valley Chamber of Commerce to Manage SOC Event
City Council
RECOMMENDATION:
To approve a Contract for Services with the Greater Coachella Valley Chamber of Commerce to organize and manage the 2023 State of the City event.
BACKGROUND:
Putting on large special events requires experience, expense, a lot of time to plan, and a sizable staff to execute the day -of event . Historically, the City has relied upon the Greater Coachella Valley Chamber of Commerce (GCVCC or Chamber ) to handle virtually all aspects of the State of the City address (SOC) and business awards ceremony.
Given the complexity of the SOC event, GCVCC needs six months to plan. In previously years, the City has elected to hold our SOC in the month of May. If the SOC is to be held in May 2023, GCVCC needs to begin planning the SOC in December 2022.
The GCVCC se rvice provider agreement has historically covered the cost of GCVCC organizing and managing the SOC . Staff, GCVCC, and the City Council sub -committee are still in the process of creating the 2023 City/GCVCC service provider agreement. In a best -case scenar io, the 2023 service provider agreement will be ready for Council review in mid-January 2023 which does not give the Chamber sufficient time to plan and presell the SOC event.
Since there is no GCVCC service provider agreement in place, this agenda item will serve as the City/GCVCC fee agreement for the Chamber to organize and manage the May 2023 SOC.
DISCUSSION:
Based on the costs outlined below, GCVCC is requesting a $19,500 contribution from the City to cover a portion of total program costs estimated at $32,664.53. Below is an
7.C
Packet Pg. 156
Cathedral City Page 2 of 3 Printed on 12/14/2022
outline of projected program costs, best -case revenues, and potential profit for the Chamber if best-case revenues are achieved.
PROGRAM EXPENSES
Item Subtotal Total Cost
Audio Visual $9,500.00
Meals $14,992.50
Table Centerpieces $1,522.50
Linen Rentals $1,550.00
$27,565.00
GCVCC Staffing Costs 18.5% $5,099.53
Total Facility, Equipment, & GCVCC Staffing Costs $32,664.53
Cost Per Attendee: 225
Attendees
$145.18
per person
POTENTIAL REVENUE
Ticket sales (GCVCC Members) 100 at $79.00/ticket $7,900 Ticket sales (non-GCVCC Members) 125 @ $99.00/ticket $12,375 Total ticket sales $20,275
Potential Sponsorships $3,000
Business Expo Booth Profit
(Ten booths are available)
$50.00 per booth $500.00
Best-Case Potential
Revenue
$23,775.00
City Sponsorship $19,500
Total Best-Case Potential
Revenue
$43,275.00
Best Case Potential
GCVCC Profit
$10,610.47
General Information
In 2022, the Cathedral City State of the City address attracted almost 225 attendees.
For purposes of this analysis, staff assumed 100 GCVCC members at $79.00/ticket and 125 non -members at $99.00/ticket would attend. Below is a list of what Valley cities charged for their respective states of the city in 2022:
GCVCC-run State of the City Programs in 2022
By City
GCVCC Member/
Non-member
Per Person
Ticket Price
City of Cathedral City
GCVCC Member $79.00
Not a GCVCC member $99.00
City of Desert Hot Springs
7.C
Packet Pg. 157
Cathedral City Page 3 of 3 Printed on 12/14/2022
GCVCC Member $65.00
Not a GCVCC member $85.00
City of Indio
GCVCC Member $99.00
Not a GCVCC member $110.00
City of Coachella
GCVCC Member $69.00
Not a GCVCC member $89.00
Average Ticket Price $86.75
Median Ticket Price $87.00
The 2020-2021 City/GCVCC contract under-allocated a $10,000 City contribution to cover the State of the City. GCVCC reports losing approximately 15% on th e 2022 Cathedral City event.
FISCAL IMPACT:
The proposed $19,500 contribution for the 2023 State of the City would be charged to the Economic Development Department budget.
7.C
Packet Pg. 158
Cathedral City Page 1 of 1 Printed on 12/14/2022
Staff Report
City Council
Item No. 7.D
Meeting Date: December 14, 2022
From: Charles McClendon, City Manager
Title: Update on Emergency Actions Related to COVID-19
City Council
RECOMMENDATION:
Update on Status of Emergency Proclamation. Possib le 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.D
Packet Pg. 159