Cathedral City City Council
May 10, 2023

CITY COUNCIL
AGENDA

Regular Meeting
Wednesday, May 10, 2023
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. 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 Law, the City Council may not discuss or act on any item not o n the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Public Comment will be limited to three (3) minutes.

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

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

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

1. City Council - Study Session - Apr 26, 2023 3:00 PM

2. City Council - Regular Meeting - Apr 26, 2023 5:30 PM C. CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area (IA) No. 19
Recommendation: To adopt a Resolution of Intention (ROI) to establish Improvement Area No. 19, CFD 2006-01.

4. ITEMS PULLED FROM CONSENT

5. PUBLIC HEARINGS

6. LEGISLATIVE ACTIONS
A. Special Use Permit 2023-004 Coachella Valley Bully Fest Recommendation: To approve Special Use Permit 2023-004 for the Coachella Valley Bully Fest to be held on Saturday, January 13, 2024 in the Cathedral City Community Amphitheater.

B. Special Use Permit 2023-005 for 2023 Battle in the Desert Recommendation: To approve Special Use Permit No. 2023-005 for the 2023 Battle in the Desert to be held on Saturday, October 14, 2023 in the Cathedral City Community Amphitheater.

C. Award Contract to Jacobsson Engineering Construction Company for the Via De Anza Street Improvements Project - Phase II, CIP No. 8835 Recommendation: To award a contract to Jacobsson Engineering Construction, Inc. in the amount of $545,167 for constructing the CDBG Public Improvements Project: Via De Anza Street
Improvements Project - Phase II (C08835); and, approve a fifteen percent (15%) contingency in the amount of $81,775 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $626,942; and, authorize the City Manager to execute the required Cathedral City P a g e 3
contract documents; and, authorize the City Engineer to request bonds and insurance for the Project and to issue the Notice to Proceed.

D. Annual Renewal of the Lighting and Landscaping District Budget for Fiscal Year 2023/2024
Recommendation: To adopt three Resolutions to renew the annual assessments with Street Lighting and Landscape
Maintenance District No. 1 (Zones 1 through 54, non-
sequential)
E. Approve the Public Arts Commission's Recommendation to Accept a Donation of a Val Samuelson Painting
Recommendation: To accept the Public Arts Commission's recommendation and approve the acceptance of a donation of a Val
Samuelson painting and authorize the City Manager to
execute an agreement with the donor to accept the artwork.

F. Accept Public Arts Commission Recommendation to Secure Sculptures at Amphitheater
Recommendation: To authorize staff to place additional rocks surrounding the Downtown kinetic art installation in an amount not to exceed $750.

G. Fiscal Year (FY) 2023/2024 and FY 2024/2025 Proposed Biennial Budget Recommendation: To approve the FY 2023/2024 and FY 2024/2025 Proposed Biennial Budget

7. DISCUSSION ON FUTURE AGENDA ITEMS
This is an opportunity for members of the City Council to request that, and for the City Council to discuss whether, one or more items should be added to the agenda of a future regular or 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).

8. CLOSED SESSION

ADJOURN

NOTES TO THE PUBLIC:

The City of Cathedral City complies with the Americans with Disabilities 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 C ity Clerk. Speakers will be called upon at the appropriate time.

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

CITY COUNCIL

MINUTES

Study Session
Wednesday, April 26, 2023
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 Rita Lamb. • ROLL CALL
Attendee Name Title Status Arrived
Rita Lamb Mayor Present 3:00 PM
Mark Carnevale Mayor Pro Tem Present 3:00 PM
Nancy Ross Councilmember Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM
Ernesto Gutierrez Councilmember Present 3:00 PM

• AGENDA FINALIZATION
Item 2A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6 was removed from the agenda.

1. PUBLIC COMMENT
There were no members of the public that wished to address the City Council.

2. CLOSED SESSION
A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees:

Cathedral City Professional Firefighters Association (CCPFA) and Cathedral City Firefighters Management Association (CCFMA)
This item was removed from the Agenda.

This item was removed from the Agenda.

3. STUDY SESSION

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A. FY 2023/2024 and FY 2024/2025 Biennial Budget Presentation for Special Revenue Funds, Proprietary Funds and Capital Improvement Project (CIP) Plan and Parks Improvement (PIP) Project Plan Recommendation: This item is presented for information and discussion only Kevin Biersack, Financial Services Director, provided an overview of the FY 2024/2025 Biennial Budget. The following points were presented:

• Special Revenue Funds with Operating Budgets
• Proprietary Funds
• 5-Year Capital Improvement Project (CIP) Plan
• 5-Year Parks Improvement Project (PIP) Plan

The City Council provided comments and asked clarifying questions, which were responded to by staff. This i tem was presented for information and discussion only, there was no formal action taken by the City Council.

ADJOURN
Mayor Rita Lamb adjourned the Study Session meeting at 4:05 p.m.

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

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Minutes Acceptance: Minutes of Apr 26, 2023 3:00 PM (Minutes Approval)

CITY COUNCIL

MINUTES

Regular Meeting
Wednesday, April 26, 2023
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 Rita Lamb. • PLEDGE OF ALLEGIANCE
Councilmember Nancy Ross led the Pledge of Allegiance.
• INVOCATION (MOMENT OF REFLECTION)
Councilmember Raymond Gregory offered a Moment of Reflection. • ROLL CALL
Attendee Name Title Status Arrived
Rita Lamb Mayor Present 5:30 PM
Mark Carnevale Mayor Pro Tem Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM
Ernesto Gutierrez Councilmember Present 5:30 PM

• AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENT
Adriana Rojo, Cathed ral City High School Rotary Interact Advisor, invited the City Council to their upcoming Cinco De Mayo event on May 5, 2023, which will be held at the Senior Center.

Chip Yarborough, discussed Government Codes and stated that he has started the signature gathering process to introduce two measures for the 2024 Ballot.

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2. COUNCIL REPORTS
Councilmember Raymond Gregory reported on the following:

• His attendance at the Friends of the Boys and Girls Club BBQ event • Past Special Meeting
• His attendance at the Visit Greater Palm Springs "Meet and See" event held at the Cathedral City Agua Caliente Casino
• His attendance at the Spring Fest event held at Century Park • His attendance at the Riverside County Transportation Commission Budget and Implementation Committee Meeting
• His participation in a video shoot for the upcoming State of the City Address • The upcoming City Hall at Your Corner at Panorama Park on April 27, 2023 • The upcoming Southern California Associations of Government (SCAG) Conference • The upcoming regular City Council Meeting

Mayor Pro Tem Mark Carnevale reported on the following:

• His attendance at the CVEP Meeting
• His participation in Chuckwalla National Monument Ecoflight Tour • His attendance at the CVAG Homeless Committee Meeting • Past Special Meeting
• The college scholarship grant application review and selection process • His interactions with developers, business owners and constituents • His participation in a video shoot for the upcoming State of the City Address • His visit to Death Valley on Earth Day

Councilmember Nancy Ross reported on the following:

• Her attendance at the CVAG Energy and Environment Resources Committee Meeting
• Her attendance at the Friends of the Boys and Girls Club BBQ event • Her meeting with Battalion Chief Williams to talk about slip and fall prevention • Her visit with her daughter
• Her participation in a video shoot for the upcoming State of the City Address • Her meeting with a City Director
• Her participation in various SunLine Transit Agency Committee meetings • Phone calls received regarding the Greg Pettis Fountain of Life • Her free swim lessons program for children in her district

Councilmember Erneste Gutierrez reported on the following:

• His attendance at the CVAG Coachella Valley Conservation Commission meeting • His meetings with City Manager McClendon and Assistant City Manager Ambrose • A recent family emergency
• His attendance at the Riverside County Economic Forecast held at Fantasy Springs Casino
• His attendance at the Desert Builders Association career presentation at Cathedral

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City High School
• His interactions with developers, business owners, and constituents • His participation in a Spanish interview with Univision • The upcoming City Hall at Your Corner at Panorama Park on April 27, 2023 • He wished Councilmember Raymond Gregory a happy birthday

Mayor Rita Lamb reported on the following:

• The collaborative efforts related to the Spring Fest event held at Century Park • Her attendance at the Open Call talent show at the McCallum Theater • Her attendance at the Historic Preservation Committee Meeting • Her attendance at the Riverside County Economic Forecast held at Fantasy Springs Casino
• Her participation in the College of the Desert Resolution Grou p related to the schematic design and next steps for the Palm Springs campus • Her attendance at the Final Senior Center Art Exhibit at the J.J. Harrington Art Gallery
• Her attendance at the Drag 4 Drag Rally event in Palm Springs • She provided an update on the funds raised by Dinner with Patsi • Her attendance at the CVAG Executive Committee Meeting • The "Keeping Cathedral City Beautiful" certificate program, which she created to recognize property owners
• The informational Spring and Desert Recreation District mailers • Resident concerns
• Upcoming community meeting for District one regarding neighborhood watch

3. CONSENT AGENDA
A motion was made by Mayor Pro Tem Carnevale and seconded by Councilmember Ross to approve the following Consent Agenda items:

RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Mayor Pro Tem
SECONDER: Nancy Ross, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
A. Waive Full Reading of Ordinances on Agenda
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B. Minutes Approval
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1. City Council - Special Meeting - Apr 5, 2023 2:00 PM

2. City Council - Study Session - Apr 12, 2023 3:00 PM

3. City Council - Regular Meeting - Apr 12, 2023 5:30 PM

4. City Council - Special Meeting - Apr 19, 2023 2:00 PM C. Receive and File Payment of Claims and Demands for March 2023

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Minutes Acceptance: Minutes of Apr 26, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 4 Printed on 5/04/2023
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 $7,127,127.16 for the
month of March 2023.

Chip Yarborough, expressed his concern with credit card charges made by City staff.

M.O. 2023-57
D. Parcel Map 37876: Approval of Final Parcel Map for Cathedral Cove Center Owner: City Urban Revitalization Corporation (CURC) Developer: Fountainhead Shrugged, LLC.

Recommendation: To approve the Final Map of Parcel Map 37876; and, accept the offers of dedication made thereon for street, drainage and public utility purposes, subject to their improvement; and authorize the City Manager to sign the Final Map as
beneficiary under the trust deed.

M.O. 2023-58
E. Ratify the nomination Mario Jimenez by Councilmember Ernesto Gutierrez to serve on the Parks and Community Events Commission for a term continuing through June 30, 2026.

Recommendation: To ratify the nomination of Mario Jimenez by Councilmember Ernesto Gutierrez to fill an unexpired term on the Parks and Community Events Commission and
appoint him to serve for a term continuing through June 30, 2026.

M.O. 2023-59

4. ITEMS PULLED FROM CONSENT

5. PUBLIC HEARINGS

6. LEGISLATIVE ACTIONS
A. SUP #23-003: Autism Walk & Festival
Recommendation: To approve Special Use Permit #23-003 and allow the Autism Society Inland Empire’s Autism Walk & Festival to utilize the Community Amphitheater on Nov. 4, 2023.

M.O. 2023-60

A motion was made by Council member Gutierrez and seconded by Mayor Pro Tem Carnevale to approve the Special Use Permit #23-003 and allow the Autism Society Inland Empire’s Autism Walk & Festival to utilize the Community Amphitheater on Nov. 4, 2023.

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Minutes Acceptance: Minutes of Apr 26, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 5 Printed on 5/04/2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
B. Introduce First Reading of an Ordinance adding Chapter 12.78 of Title 12 of the Cathedral City Municipal Code-Rotational Towing Services Recommendation: To introduce, waive reading beyond the title, and provide first reading to an Ordinance adding Chapter 12.78 of Title 12 of the Cathedral City Municipal Code implementing
rotational towing services.

The City Council recessed at 6:35 p.m.

The City Council reconvened at 6:40 p.m.

Myles Boi s, South west Towing, provided information on his company's service time and abilities to provide service. He also expressed his concern with the cost breakdown.

Jesse Mojica, Mohica Towing, expressed his concern with the proposed ordinance. He indicated that he has provided services to the City for many years and would obtain any necessary equipment to provide those services. He expressed concern specifically with section 12.78 of the proposed ordinance and would like the Council to take a good look at it.

Jared Mojica, Mohica Towing, expressed his concern with the proposed ordinance. He indicated that his family lives here and they have been servicing the Cathedral City Police Department for many years. He feels there is no need for three tow companies to have a franchise in the City and supports the requirement of a boundary clause.

Joel Mojica, Mohica Towing, feels that the proposed ordinance will directly impact him and his family. He expressed his love for the City and will do whatever it takes to provide services it needs.

Esmeralda Alarcon, Mohica Towing, expressed her concern with the claims made in the staff report. She indicated that her office has never received a complaint about their ability to provide services from the Police Department or the City. They take great pride in servicing the community and hope that the City Council will amend the rotation services ordinance.

Melina Rodriguez, Mohica Towing, expressed her concern with claims made that their company indicated that they do not have the resources to provide service.

She is not aware of any issues with their ability to provide services. She asked that the City Council take into consideration the experience and prompt service Mohica Towing has been providing for over 25 years.

Chip Y arborough, Cathedral City, expressed his concern with the incomplete

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staff report and time wasted. He also expressed his support for a tow rotation ordinance and feels that it needs to move forward.

After discussion, the Council expressed the need for mor e inform ation to be provided in order to make an informed decision. City Manager McClendon suggested that this item be tabled to a future date to allow staff to research and provide necessary information for the Council’s review at a Study Session meeting.

M.O. 2023-61

A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to table this item until a complete staff report can be provided to the City Council for consideration at a future Study Session Meeting.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
C. Professional Services Agreement with Placer AI Consumer Analytics Platform
Recommendation: To authorize a one-year Professional Services Agreement with Placer AI.

M.O. 2023-62

A motion was made by Mayor Pro Tem Carnevale and seconded by Councilmember Gregory to authorize a one -year Professional Services Agreement with Placer AI.

RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Mayor Pro Tem
SECONDER: Raymond Gregory, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
D. SB 1383 Local Assistance Grant Program
Recommendation: To authorize the City Manager to execute the documents required for the purchase of a Turf Tender Compost Slinger and Truckster in the amount of $74,722.13 utilizing awarded SB 1383 Local Assistance Grant Funds.

M.O. 2023-63

A motion was made by Councilmember Gregory and seconded by Mayor Lamb to authorize the City Manager to execute th e documents required for the purchase of a Turf Tender Compost Slinger and Truckster in the amount of $74,722.13 utilizing awarded SB 1383 Local Assistance Grant Funds.

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Minutes Acceptance: Minutes of Apr 26, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 7 Printed on 5/04/2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
E. Electric Forklift Grant Application and Purchase Utilizing EECBG Grant Funds for the Public Works Maintenance Division
Recommendation: To approve the submission of an Application to the Department of Energy for EECBG grant funds for the
purchase of alternative fuel heavy equipment for the Public Works Division; and, authorize the City Manager to execute all required documents required for the purchase of one (1) Electric Pneumatic Lithium Powered Forklift in the amount of $104,965.50; and, authorize the Director of
Engineering/Public Works to execute required quotes and purchases in an amount not to exceed $7,954.50 for the
installation of an electrical system to support the Electric Forklift at the Public Works Facility.

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A motion was made by Council member Gutierrez and seconded by Mayor Pro Tem Carnevale to approve the submission of an Application to the Department of Energy for EECBG grant funds for the purchase of alternativ e fuel heavy equipment for the Public Works Division; and, authorize the City Manager to execute all required documents required for the purchase of one (1) Electr ic Pneumatic Lithium Powered Forklift in the amount of $104,965.50; and, authorize the Direct or of Engineering/Public Works to execute required quotes and purchases in an amount not to exceed $7,954.50 for the installation of an electrical system to support the Electric Forklift at the Public Works Facility.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
F. Panorama and Century Park Renovation Projects
Recommendation: To authorize the City Manager to execute the documents required for repairs to the Tennis Courts at Panorama and Century Parks and for the extension of the basketball court at Panorama Park to a full size court in the amount of
$194,402; and, authorize the Director of Engineering/Public Works to execute all required quotes and proposals for the labor and materials to complete the Panorama Park
basketball court Project in the amount of $9,000, for a combined Project total of $203,402, which includes a 10% contingency of $20,340.20 for unforeseen construction
related expenses all to be funded from FY 2021-22 and

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2022-2023 Parks Improvement and Maintenance Plan.

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A motion was made by Councilmember Gregory and seconded by M ayor Lamb to authorize the City Manager to execute the documents required for repairs to the Tennis Courts at Panorama and Century Parks and for the extension of the basketball court at Panorama Park to a full size court in the amount of $19 4,402; and, authorize the Director of Engineering/Public Works to execute all required quotes and proposals for the labor and materials to complete the Panorama Park basketball court Project in the amount of $9,000, for a combined Project total of $203,402, which includes a 10% contingency of $20,340.20 for unforeseen construction related expenses all to be fund ed from FY 2021 -22 and 2022 -2023 Parks Improvement and Maintenance Plan.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
G. Retired Annuitant for Battalion Chief
Recommendation: Staff recommends City Council approve a Resolution approving an exception to the 180-day CalPERS waiting
period, hiring a retired annuitant as an interim Fire Battalion Chief and to fill a critical need in the Fire Department; authorizing staff to reinstate Stephen Tumir, as a Retired Annuitant, due to his specialized skills and experience to perform Battalion Chief work on a limited duration, at a rate of $54.91 per hour, through October 31, 2023, and to
prevent potential impact to the operational readiness of the department.

Chip Yarborough, indicated that he supports the Fire Department, however, he does not support this item.

Reso 2023-06

A motion was made by Councilmember Ross and seconded by Counci lmember Gutierrez to approve a Re solution approving an exception to the 180 -day CalPERS waiting period, hiring a retired annuitant as an inter im Fire Battalion Chief and to fill a critical need in the Fire Department; authorizing staff to reinstate Stephen Tumir, as a Retired Annuitant, d ue to his specialized skills and experience to perform Battalion Chief work on a limited duration, at a rate of $54.91 per hour, through October 31, 2023, and to prevent potential impact to the operational readiness of the department.

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Minutes Acceptance: Minutes of Apr 26, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 9 Printed on 5/04/2023
RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez

7. DISCUSSION ON FUTURE AGENDA ITEMS
There was no discussion on future agenda items.

8. CLOSED SESSION

ADJOURN
Mayor Rita Lamb adjourned the Regular Meeting at 8:42 p.m.

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

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Staff Report

City Council

Item No. 3.C

Meeting Date: May 10, 2023
From: Kevin Biersack, Financial Services Director
Title: CFD NO. 2006 -01 Resolution of Intention to Establish Improvement Area (IA) No. 19

City Council

RECOMMENDATION:

To adopt a Resolution of Intention (ROI) to establish Improvement Area No. 19, CFD 2006-01.

BACKGROUND:

In 2006, the City Council formed a citywide Community Facilities District (“CFD 2006 -1”) to pay for additional law enforcement, fire, paramedic, park maintenan ce and general services within areas of new development. A study was completed by David Taussig & Associates, Inc. to determine appropriate annual special tax rates mitigating the fiscal impact on the General Fund for the services proposed to be provided. In the event where there would be State budget cuts, CFD 2006 -1 provides a secure source of funding at the local level, that cannot be taken away by State actions.

DISCUSSION:

New developments, with more than four equivalent dwelling units, are conditio ned to join CFD 2006 -1 through an annexation process. CFD 2006 -1 annexations are processed as new developments and are required to complete the Community Development Department’s approval process. The property owner for the new development project, Newport 17 single family homes, has filed a petition (including consent and waiver) requesting the institution of proceedings for the formation of Improvement Area (“IA”) No. 19, within existing CFD 2006 -1, which complies with the requirements of Section 53318(b) of the Mello -Roos Community Facilities Act of 1982 (“ACT”).

In accordance with the provisions of the Act, and specifically Sections 53326(a) and 53327(b) which allows for certain time and to conduct requirements relative to a special property owner election, the property owner has expressly waived the following:

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• Any requirement to have the special election conducted within the time periods specified in Section 53326 of the Act or in the California Elections Code. • Any requirement for the mailing of the ballot for the special election; and agrees the election may be conducted by mail or hand -delivered ballot to be returned to the City Clerk; and, requests the results of said election be canvassed and reported to the City Council at the public hearing on the formation of IA No. 19. • All applicable waiting periods for the election and the requirement for analysis and arguments relating to the special election, as set forth in Section 53327 of the Act.
• All notice requirements relating to hearings and special elections, whether by posting, publishing or mailing, and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. • Any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and
• No step or action in any proceeding relative to IA No. 19, or the special election shall, be invalidated or affected by any such irregularity, error, mistake or departure.

A component of the Petition and Waiver is a map of proposed IA No.19, entitle d “Proposed Boundaries of Improvement Area No. 19 of Community Facilities District No. 2006-1”, which is also on file in the office of the City Clerk and attached for reference. The original map will be filed in the City Clerk’s office and, within fifteen (15) days after the adoption by City Council, a copy of such map so endorsed will be filed in the records of the County Recorder, County of Riverside, State of California.

Once approved, the Resolution of Intention (“Resolution”) will commence the formati on process for the property described in the Petition. The Resolution will set a Public Hearing for June 28, 2023 regarding the proposed formation. An election will be held following the public hearing. At that time, the landowners within CFD IA No. 19 w ill vote on the levy of special taxes on their property within the CFD.

An Exhibit to the Resolution, is the Rate and Method of Apportionment (“RMA”). This is an analysis of the special tax to allow each property owner or resident, within the proposed district, to understand the annual amount that would be required for payment.

The RMA, which reflects the special taxes to be levied within CFD IA No. 19, is noted in Table 1 below:

TABLE 1
Maximum Special Tax for Developed Property
For Fiscal Year 2022-2023
Improvement Area No. 19
Land Use Class Description Maximum Special Tax
1 Residential $ 662.87 per Equivalent Dwelling Unit
2 Non-Retail Commercial/Industrial Property $0.1541 per SF of Floor Area

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FISCAL IMPACT:

The proposed project is reside ntial therefore, as identified in Table 1, the rate for Land Use Class of Residential, per Equivalent Dwelling Unit (“EDU”) for Fiscal Year (“FY”) 2022-2023, is $662.87. The Non-Retail Commercial/Industrial Property special tax is not applicable. This spec ial 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. 19, Newport 17, will generate annual revenue in the amount of $11,268.79.

ATTACHMENTS:

CC SERVICES CFD 2006-1 (IA 19) - PETITION AND WAIVER signed CFD 2006-1 (IA 19) - RESOLUTION OF INTENTION
RMA CFD 2006-1 IA 19 01
CFD 2006-1 IA 19 MAP

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TO: CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
FROM: NEWPORT 17 DEVELOPMENT

PETITION (INCLUDING CONSENT AND WAIVER)
REQUESTING THE ESTABLISHMENT OF IMPROVEMENT AREA NO. 19

OF THE CITY OF CATHEDRAL CITY COMMUNITY
FACILITIES DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE, PARAMEDIC,

PARK MAINTENANCE AND GENERAL SERVICES)
The undersigned, on behalf of Newport 17 Development (the “Property Owner”), does hereby certify under penalty of perjury the following statements are all true and correct:

1. The undersigned is authorized to represent the Property Owner and is its designated representative to petition the City Council (the “City Council”) of the City of Cathedral City (the “City”) and to give the consent and waiver contained herein with res pect to Improvement Area No. 19 of t he City of Cathedral City Community F acilities District No. 2006-1 (Law Enforcement, Fire, Paramedic , Park Maintenance and General Services) to be established over the properties included within this petition to be formed under the provisions of the “Mello-Roos Community Facilities Act of 1982” (the “Act”), being Chapter 2.5 of Part 1 of Division 2 of title 5 (commencing with Section 53311) of the California Government Code.

2. The undersigned hereby certifies as of the date i ndicated opposite thei r signatures, the Property Owner is the owner of all the property within the proposed boundaries of the Improvement Area No. 19 described in Exhibit “A” hereto.

3. The undersigned, pursuant to Section 53318 of the Act, hereby requests proceedings be commenced to establish Improvement Area No. 19 for the purpose of financing (1) police protection services, (2) fire protection , (3) paramedic services, (4) park maintenance services and (5) general services in addition to those provided in the territory within Improvement Area No. 19 prior to the formation of Improvement Area No. 19.

4. In accordance with the provisions of the Act, and specifically Sections 53326(a) and 53327(b) thereof allowing certain time and conduct requirements relative to a special landowner election to be waived with the unanimous consent of all the landowners to be included in a community facilities district and concurrence of the election official conducting the election, the undersigned (i) expressly consents to the condu ct of the special ele ction at t he earliest possible time following the adop tion by the City Council of a resolution forming Improvement Area No. 19.

5. and (ii) expressly waives any requirement to have the special election conducted within the time periods specified in Section 53326 of t he Act or i n the California Elections Code.

6. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agree said election may be conducted by mailed or hand - delivered ballot to be returned as quickly as possible to the designated election official, being the

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Attachment: CC SERVICES CFD 2006-1 (IA 19) - PETITION AND WAIVER signed (3734 : CFD NO. 2006-01 Resolution of Intention to Establish

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Attachment: CC SERVICES CFD 2006-1 (IA 19) - PETITION AND WAIVER signed (3734 : CFD NO. 2006-01 Resolution of Intention to Establish RESOLUTION NO. _____

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY TO ESTABLISH IMPROVEMENT AREA NO. 19

OF THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES
DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE , PARAMEDIC,

PARK MAINTENANC E AND GENERAL SERVICES) AND TO

AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN SAID

IMPROVEMENT AREA

WHEREAS, the City Council (the “Council”) of the City of Cathedral City (the “City”) has received a petition (including consent and waiver) ( “Petition”) requesting the institution of proceedings for formation of Improvement Area (“IA”) 19, within the existing Community Facilities Di strict ( “CFD 2006-1”), pursuant to the Mello-Roos Community Facilities Act of 1982 (“ACT”), as amended, commencing with Section 53311 of the Government Code of the State of California; and
WHEREAS, the Council has determined the Petition complies with the requirements of Section 53318(b) of the Act and now intends to form the CFD; and WHEREAS, the Council intends to finance (1) police protection services, (2) fire protection, (3) paramedic serv ices, (4) park maintenance services and ( 5) general services in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already avai lable within the territory proposed to be included in the CFD through the formation of the CFD subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the CFD; and
WHEREAS, the Counci l intends to provide for the annexation in th e future of territory (the “Future Annexation Area”) to the CFD pursuant to the terms and provisions of the Act,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Council hereby determines to institute proce edings fo r the formation of a comm unity facilities district under the terms of the Act. The exterior boundaries of the community facilities district are hereby specified and described to be as shown on th e certain map now on file in the office of the City Clerk en titled “Proposed Boundari es of Improvement Area No. 19 of Community Facilities District No. 2006-1 of the City of Cathedral City ,” which map indicates by a boundary line the extent of the territory incl uded in the proposed community facilities dis trict and shall govern for all det ails as to the extent of the CFD. On the original and one copy of the map of such CFD on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen ( 15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California.

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Attachment: CFD 2006-1 (IA 19) - RESOLUTION OF INTENTION (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area 2 Section 2. The Future Annexat ion Area, which area is to be subject to a special tax to be levied, shall be comprised of undeveloped parcels within the boundaries of the City, other than those parcels alread y within the boundaries of the proposed CFD, requiring a discretionary approval for development, which are developed for non-retail commercial purposes, and such other parcels as may be added upon the petition of the property owners thereof. Such Future A nnexation Area may be annexed only with the u nanimous approval of the owner or owners of each parcel or parcels at the time the parcel or parcels are annexed.

Section 3. The name of the proposed community facilities district shall be “Improvement Area No. 19 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement , Fire , Paramedic, Park Maintenance and General Services).”
Section 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance wi th procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services alrea dy available withi n the territory proposed to be included in the CFD , the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any forec losure proceedings, legal, fiscal, and financ ial consultant fees, election costs, and al l other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all real property in the proposed CFD. The s chedule of the rate and method of apportionme nt and manner of c ollection of the Special Tax is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein.

The Special Tax is apportioned to each parcel on the foregoing basi s pursuant to Section 53325.3 of the Act.

The schedule of the r ate and m ethod of apporti onment of special taxes with respect to any Future Annexation Area may be different than the rate and method of apportionment of special taxes with respect to the CFD.

Section 5. A public hearing (the “Hearing”) on the estab lishment of the CF D and the proposed rate and method of apportionment of the Special Tax shall be held on May 24, 2023 at 5:30 o’clock p.m., or as soon thereafter as practicable, at the chambers of the Cit y Council of the City of Cathedral City , 68700 Avenida Lalo Guer rero, Cathedral City, California 92234.

Section 6. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the propos ed CFD, may appear and be heard.

Section 7. Each City off icer who is or wil l be responsible for the CFD, if it is established, is hereby directed to study the proposed CFD and, at or before the time of the above -mentioned Hearing, file a report with the City Council, and w hich is to be made a part of the record of the Hearing, co ntaining a brief descrip tion of the CFD and

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Attachment: CFD 2006-1 (IA 19) - RESOLUTION OF INTENTION (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area 3 his or her estimate of the cost of providing additional law enforcement, fire and paramedic services within the boundary of the CFD. The City Manag er is directed to estimate the fair and reason able cost of all i ncidental expenses, incl uding all costs associated with the creation of the CFD , determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the CFD.

Section 8. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized pu rpose, including any cost incurred by the City in creating the C FD.

The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of s uch funds advanced if the levy of the Special Tax shall be approved by the qualified electors of the CFD.

Section 9. The City Clerk is hereby directed to publish a notice (“Notice”) of the Hearing pursua nt to Section 6061 of the Government Code in a newspaper of general circulation publishe d in the area of the proposed CFD. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement the testimony of all int erested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed CFD as provided in Section 53324 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be comple ted at least 7 day s prior to the date of the Hearing.

Section 10. The voting procedure with respect to the establishment of the CFD and the imposition of the special tax shall be by hand delivered or mailed ballot election.

PASSED, APPROVED AND ADOPTED this ________ day of ______________, 2023, by the following vote:

AYES:

NOES:

ABSET:

ABSTAIN:

MAYOR

ATTEST:

CITY CLERK

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Attachment: CFD 2006-1 (IA 19) - RESOLUTION OF INTENTION (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

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Attachment: CFD 2006-1 (IA 19) - RESOLUTION OF INTENTION (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area City of Cathedral City April 14, 2023
IA No. 19 of CFD No. 2006-1 (Newport 17) Page 1

RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 19 OF
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(NEWPORT 17)

OF THE CITY OF CATHEDRAL CITY

A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Improvement Area No. 19 (“IA No. 19”) 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 2023-2024, 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. 19, 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 admin istration of IA No. 19 : the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, IA No. 19 or any designee thereof of complying with City or IA No. 19 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, IA No. 19 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. 19 for any other administrative purposes of IA No. 19, 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. 19 as provided herein.

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Attachment: RMA CFD 2006-1 IA 19 01 (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area (IA) No. 19) City of Cathedral City April 14, 2023
IA No. 19 of CFD No. 2006-1 (Newport 17) 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 Prope rty" 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 attach ed 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. 19 " means Improvement Area No. 19 of CFD No. 2006-1 (Newport 17), 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. 19 that was owned by or irrevocably offered for

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Attachment: RMA CFD 2006-1 IA 19 01 (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area (IA) No. 19) City of Cathedral City April 14, 2023
IA No. 19 of CFD No. 2006-1 (Newport 17) 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. 19 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. 19 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. 19 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. 19 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance

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Attachment: RMA CFD 2006-1 IA 19 01 (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area (IA) No. 19) City of Cathedral City April 14, 2023
IA No. 19 of CFD No. 2006-1 (Newport 17) 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 2023-2024 for each Land Use Class is shown below in Table 1.

TABLE 1
Maximum Special Tax for Developed Property
For Fiscal Year 2023-2024
Improvement Area No. 19

Land Use Class Description Maximum Special Tax
1 Residential Property $662.87 per unit
2 Non-Retail
Commercial/Industrial Property
$0.1541 per square foot of Floor
Area

b. Increase in the Maximum Special Tax

On each July 1, commencing on July 1, 2024, 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.

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Attachment: RMA CFD 2006-1 IA 19 01 (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area (IA) No. 19) City of Cathedral City April 14, 2023
IA No. 19 of CFD No. 2006-1 (Newport 17) Page 5

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing with Fiscal Year 2023-2024 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 same manner and at the same time as ordinary ad valorem property taxes; provided, however, that IA No. 19 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.

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Attachment: RMA CFD 2006-1 IA 19 01 (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area (IA) No. 19) City of Cathedral City April 14, 2023
IA No. 19 of CFD No. 2006-1 (Newport 17) Page 6

H. TERM OF SPECIAL TAX

The Council is authorized to levy the Special Tax in perpetuity.

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Attachment: RMA CFD 2006-1 IA 19 01 (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area (IA) No. 19)

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Attachment: CFD 2006-1 IA 19 MAP (3734 : CFD NO. 2006-01 Resolution of Intention to Establish Improvement Area (IA) No. 19)

Cathedral City Page 1 of 2 Printed on 5/9/2023

Staff Report

City Council

Item No. 6.A

Meeting Date: May 10, 2023
From: Ryan Hunt, Communications and Events Manager
Title: Special Use Permit 2023-004 Coachella Valley Bully Fest

RECOMMENDATION:

To approve Special Use Permit 2023-004 for the Coachella Valley Bully Fest to be held on Saturday, January 13, 2024 in the Cathedral City Community Amphitheater.

BACKGROUND:

Coachella Valley Bully Fest is scheduled for Saturday, Jan. 13, 2024, and is requesting use of the Cathedral City Community Amphitheater. Setup would take place the evening before (Jan. 12) and the event would take place from 9 a.m. to 7 p.m.

DISCUSSION:

This annual event allows dog owners to showcase the talents of their pups and show off their special skills. In previous years, Bully Fest has attracted both a strong local/regional audience as well as out -of-state attendees and participants. Competition trophies are awarded and everything is designed to offer guests a family -friendly experience. There is a strong focus on entertai ning and appealing to families and there are no depictions of violence or adult themes included in the show. Event organizers plan to hire private security to roam amongst attendees and to check bags prior to entry at the gate.

While the event organizers are aware of the fees associated with renting the amphitheater, they are asking the City Council to sponsor the Special Use Permit application fee of $510. With City sponsorship, the event organizer agrees to utilize the City’s name and logo in promotional materials/digital media advertising the event.

Coachella Valley Bully Fest projects a strong local and regional audience and projects 1,500 attendees. This event has previously been held in the City of Coachella but event organizers were attracted to the City’s Community Amphitheater after attending multiple successful events hosted at the venue (Tejano Music Fest, Cathedral City Hot Air Balloon Festival, Taste of Jalisco, etc.). Food and alcohol will be served inside the amphitheater, which will require all necessary documentation to be secured and submitted prior to the event from ABC and Riverside County.

FISCAL IMPACT:

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Cathedral City Page 2 of 2 Printed on 5/9/2023
As a third -party event, the applicant must submit all necessary payments and documentation to the City prior to the event. This incl udes the $5,000 per day rental fee established for proposed for -profit events. With the event organizers responsible for cleanup and agreeing to hire private security, they expect the utilization of city staff to be limited beyond our Communications & Events staff.

Since this would be a new event in Cathedral City, the economic impact is unknown, though event organizers have experienced prior success when the event was held in the City of Coachella. Communications & Events sees this as an opportunity to dr aw more foot traffic downtown and to capitalize on the increased applications for using the Community Amphitheater.

ATTACHMENTS:

Special Use Permit 2023-004 Bullyfest 2024

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(Staff Use Only)
Case No.:

Related Files:

CITY OF CATHEDRAL CITY
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
(760) 770-0396 – Phone
(760) 770-0399 - Fax

SPECIAL USE PERMIT FOR DOWNTOWN CATHEDRAL CITY
Please Read: It is advisable to submit applications for review 60 days prior to commencement of the use or event to ensure adequate review of the application. We must have a minimum of 30 days prior to the event. If you have any questions while completing this application, please ask a member of the Planning Department for assistance. In addition to this application, you must reserve a date for your event with the Communications/Events Manager. For recurring events, a schedule must be submitted every 3 months. In order for the City to process a Special Use Permit Application, the application fee must be submitted with the completed application. Depending on the type of event, you may also be required to provide a Clean- up/Damage Deposit. Please review the Downtown Fee Schedule for event use in the downtown area. The appropriate fee must be paid prior to the event. Incomplete applications will not be accepted (or process may be delayed). (PLEASE PRINT OR TYPE)

Name of Event:
__________________________________________________________________________________________

CHECK TYPE OF EVENT
_____ Festival
_____ Parade / Race / Marathon
_____ Concert / Performance
_____ Art Show / Outdoor Market
_____ Political Rally / Protest
_____ Other _________________(type)

AREA OF DOWNTOWN CATHEDRAL CITY TO USE (check all that apply) _____ Civic Center Plaza
_____ Civic Center Paseo
_____ Town Square Park
_____ Amphitheater Park
_____ Festival Lawn
_____ Festival Lawn Annex
_____ Avenida Lalo Guerrero
_____ George Montgomery Trail
_____ City Council Chambers
_____ 3rd Floor Parking Structure
_____ City Employee Parking Lot

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Attachment: Special Use Permit 2023-004 Bullyfest 2024 (3749 : Special Use Permit 2023-004 Coachella Valley Bully Fest)

DATE(S) OF EVENT: ___ /___ /___ through ___ / ___ / ___ HOURS OF EVENT: ___ :___ AM/PM through ___:___ AM/PM (If multiple days, please indicate dates and times below)
_____________________________________________________________________________________ _____________________________________________________________________________________ EVENT SET-UP DATE: ___ / ___ /___ TIME: ___ : ___ AM/PM TEAR DOWN DATE: ___ / ___ / ___ TIME: ___ : ___ AM/PM

DESCRIPTION OF EVENT (This should be promotional in nature and cannot exceed 250 words):
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ EXPECTED ATTENDANCE PER DAY (List all that apply):

DAY 1: _______________ Morning _______________ Afternoon _______________ Evening DAY 2 _______________ Morning _______________ Afternoon _______________ Evening DAY 3 _______________ Morning _______________ Afternoon _______________ Evening

*In accordance to Emergency Preparedness Requirements, events with 1,000 or more attendees requires a minimum of two crowd control managers to properly direct and assist the event attendees in evacuation during an emergency.

Will your event sell beverages? ______ Yes ______ No
If yes, please know that all events in Downtown Cathedral City must serve Pepsi products and must be purchased through the City of Cathedral City. Please contact Chris Parman (760) 770-0396 for more details.

Is your event open to the general public? _____ Yes _____ No Will your event sell concessions or food items? _____ Yes _____ No If yes, please know that the Cathedral City Community Amphitheater Concession Stand has an exclusive operator and has exclusivity on popcorn, kettle korn, regular hot dogs, and candy.

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Attachment: Special Use Permit 2023-004 Bullyfest 2024 (3749 : Special Use Permit 2023-004 Coachella Valley Bully Fest)

Do you have a business license with the City of Cathedral City? _____ Yes _____ No If no, you must obtain an annual business license or a special event business license with the City.

Do you have subcontractors and vendors providing a service or selling a product? _____ Yes _____ No
If yes, each subcontractor and vendor must hold an annual business license or a temporary special event business license with the City.

Do you or a vendor of yours plan to serve or prepare food? _____ Yes _____ No If yes, you must obtain proper permits from Riverside County Department of Environmental Health.

If yes, the Cathedral City Fire Department life safety / fire inspections must be conducted prior to food being served. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.

Will alcohol be served? _____ Yes _____ No
If yes, you must obtain proper permits from California Department of Alcohol Beverage Control.

If yes, you must obtain Liquor Liability Insurance naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.

If yes, you must have a minimum of one security officer checking identifications for proper age, one security officer per entrance and exit, and one security guard for crowd monitoring (a minimum of three security guards during all alcohol serving times).

If yes, who will be pouring and serving the alcohol? ___________________________________ ______________________________________________________________________________ Will your event utilize tents or canopies? _____ Yes _____ No If yes, proper permits must be obtained by the Cathedral City Fire Department and life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.

The organizer of the event must ensure that all tents and canopies are properly weighted against wind gusts.

Will your event utilize bouncy houses, inflatables, slides, amusement rides or hot air balloons? _____ Yes _____ No
If yes, the Cathedral City Fire Department life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.

If yes, you must obtain liability Insurance denoting coverage for inflatables and naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.

If hot air balloons, each hot air balloon must obtain insurance of no less than a $1 million in liability coverage naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234

6.A.a
Packet Pg. 36
Attachment: Special Use Permit 2023-004 Bullyfest 2024 (3749 : Special Use Permit 2023-004 Coachella Valley Bully Fest)

as an additional insured. A copy of the insurance certificate must be presented to the City before the hot air balloon can be utilized for the event.

Will your event have amplified sound and/or music? _____ Yes _____ No If yes, the City’s policy allows amplified sound and/or music between 7 am and 10 pm Fridays, Saturdays, and certain Sundays if the following Monday is a recognized national holiday. All other days, the hours of amplified sound and/or music are between 7 am and 9 pm. Amplified sound or music should be normalized to 89 decibels at the perimeter of the reserved area.

Will your event bring in a temporary stage, truss rig system, and/or lighting? _____ Yes _____ No
If yes, the stage installer and/or owner must obtain liability insurance of no less than $1 million in coverage that names the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.

Will your event use searchlights or laser lights? _____ Yes _____ No If yes, searchlights and/or laser lights that shoot above 50 feet in the air need F.A.A. approval as Downtown Cathedral City is under the flight path of Palm Springs International Airport.

Will your event use fireworks or pyrotechnics? _____ Yes _____ No If yes, proper permits must be obtained by the Cathedral City Fire Department and life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections. Additional liability insurance must be obtained.

SECURITY, PUBLIC SAFETY, AND SANITATION
Are you hiring security for your event? _____ Yes _____ No If yes, the security company must have a valid Private Patrol Operator’s License issued by the State of California. A copy of the license must be presented to the City prior to the event.

Please describe your security plan including crowd control, internal security or venue safety, age identification checks (if applicable) and or attach your plan to this application. _____________________________________________________________________________________

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ • Please note that if you plan to use Cathedral City Police Department, the billable rate for police officers is $135 per hour per officer. CCPD will bill the event directly. Partial or all anticipated payments may be due prior to the event. The availability of CCPD police officers for your event may not be guaranteed without prior notification of at least 30 days.

6.A.a
Packet Pg. 37
Attachment: Special Use Permit 2023-004 Bullyfest 2024 (3749 : Special Use Permit 2023-004 Coachella Valley Bully Fest)

What is your First Aid or Medical Plan for your event?
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Do you plan to provide portable toilets? _____ Yes _____ No If yes, the number of portable toilets: __________
If yes, the number of ADA accessible portable toilets: __________ If yes, when are the portable toilets being delivered (Date and time): _____________________ If yes, when are the portable toilets being picked-up (Date and time): ____________________ If yes, will the portable toilets be serviced during your event? _____ Yes _____ No Will your event allow for dogs? _____ Yes _____ No
How do you plan to collect and remove trash and debris during the event?

_____________________________________________________________________________________ _____________________________________________________________________________________ • A clean-up/damage deposit of $600 or more may be required.

EVENT ENTERTAINMENT
Do you plan to have any musical or speaking entertainment for your event? _____ Yes _____ No If yes, please list the names of the band/performers, genre of music:

Name of Band / Performer/ Speaker Genre of Music
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
A complete list must be provided to the City prior to the event. The City reserves the right to deny the performance of any band or act that has a history of creating public safety concerns. The City also has the right to require additional security and/or insurance coverage at the organizer’s expense for acts that have a history of creating public safety concerns.

6.A.a
Packet Pg. 38
Attachment: Special Use Permit 2023-004 Bullyfest 2024 (3749 : Special Use Permit 2023-004 Coachella Valley Bully Fest)

APPLICANT AND HOST ORGANIZATION
Host Organization: ____________________________________________________________________ Chief Officer of Host Organization: _______________________________________________________ Host Organization’s Website: ____________________________________________________________ Applicant Name: _____________________________________________________________________ Address Street:
_______________________________________________________________________ City: _______________________________ State: _________________ Zip: ______________ Telephone Prior to the Event: (_____) ______ - ____________ During Event: (_____) ______ - ____________ Phone number of on-site representative who can be contacted during the event, for emergencies or event coordination.

Fax: (_____) ______ - ____________
Email Address: __________________________________________________________ Previous Events managed or operated by the Host Organization and/or Applicant:
_____________________________________________________________________________________ _____________________________________________________________________________________

AFFIDAVIT OF APPLICANT
I certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief that I have read, understand and agree to abide by the rules and regulations governing the proposed Special Event under the Cathedral City Municipal Code and I understand that this application is made subject to the rules and regulations established by the City Council and/or the City Manager or the City Manager’s designee. Applicant agrees to comply with all other requirements of the City, County, State, Federal, and any other applicable entity which may pertain to the use of the Even venue and the conduct of the Event. I agree to abide by these rules, and further certify that I, on behalf of the Host Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Cathedral City.

Printed Name of Applicant / Host Organization ______________________________________________ Title ___________________________________________________________________________ Signature ___________________________________________________________________________ Date _____________________________

6.A.a
Packet Pg. 39
Attachment: Special Use Permit 2023-004 Bullyfest 2024 (3749 : Special Use Permit 2023-004 Coachella Valley Bully Fest)

SUBMITTAL REQUIREMENTS:
_____ Application Fee: $510 – payable to “City of Cathedral City” _____ Non-profit certification (if applicable)
_____ Clean-up / Damage Deposit (if applicable)
_____ Copy of site plan using map attached to this application (show stage, fencing, canopy/tent placement, food vendor locations, merchandise vendor locations, portable restroom locations, generators, etc….)
_____ Provide all necessary insurance coverages (must be submitted prior to the event) _____ Proof of Insurance with a minimum of $1,000,000 in liability coverage naming City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City 92234 as an additional insured (must be submitted prior to the event)
_____ Proof of all applicable licenses and permits required by local, state and federal agencies (must be submitted prior to the event)
_____ Proof of Cathedral City Fire Department inspections and permits, if applicable (must be submitted prior to the event)
______ Acknowledge that applicant cannot hang any object (lights, speakers, cabling, etc.) from the pipe grid above the amphitheater’s stage floor.

6.A.a
Packet Pg. 40
Attachment: Special Use Permit 2023-004 Bullyfest 2024 (3749 : Special Use Permit 2023-004 Coachella Valley Bully Fest)

Downtown Map (Please mark the area you will be using)

6.A.a
Packet Pg. 41
Attachment: Special Use Permit 2023-004 Bullyfest 2024 (3749 : Special Use Permit 2023-004 Coachella Valley Bully Fest)

Cathedral City Page 1 of 2 Printed on 5/9/2023

Staff Report

City Council

Item No. 6.B

Meeting Date: May 10, 2023
From: Ryan Hunt, Communications and Events Manager
Title: Special Use Permit 2023-005 for 2023 Battle in the Desert

RECOMMENDATION:

To approve Special Use Permit No. 2023-005 for the 2023 Battle in the Desert to be held on Saturday, October 14, 2023 in the Cathedral City Community Amphitheater.

BACKGROUND:

Produced by Jesus Gonzalez, an officer with the Cathedral City Police Department, the “Coachella Valley Battle in the Desert ” is an annual amateur boxing tournament geared towards those who work in the public safety professions. The boxing event has occurred over the last five plus years and attracted hundreds of attendees in 2022, its first time inside the amphitheater. Mr. Gonzalez would like to conduct the boxing event again on Saturday, October 14, 2023, from 5:00 pm to 11:00 pm. The event is sanctioned by USA Boxing, and it encourages law enforcement officers and public safety personnel to compete in the sport of boxing. Some of the proceeds generated go to local charities. The event will take place at the Community Amphitheater in Downtown Cathedral City.

DISCUSSION:

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

Suggested conditions of the SUP would be the organizer show proo f of a City business license, secure event insurance naming the City as an additional insured, allow the City attorney to review and make edits to liability waivers that must be signed by all boxing participants, and the organizer must show proof of all he alth permits for food and beverages as well as permits from the Alcohol Beverage Commission to sell alcohol.

The organizer plans to request the restroom trailer or offer portable toilets in front of the parking garage. The amphitheater is fenced for alcohol and crowd control.

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

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

The organizer would begin setting up for the event on Friday, October 13 and teardown would occur around midnight on Saturday, October 14, 2023. All equipment must be removed by Sunday, October 15, 202 3. The organizer expects to attract up to 1,000 attendees.

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

FISCAL IMPACT:

Since this has become an annual city sponsored event, there is no rental fee charge to use the a mphitheater. With it being in the amphitheater , much of the in -kind support provided by staff will be minimized with no need to use the city’s metal crowd control barriers. The organizer has previously done a great job cleaning up after the event.

ATTACHMENTS:

SUP 2023-005 Battle in the Desert

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(Staff Use Only)
Case No.:

Related Files:

CITY OF CATHEDRAL CITY
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
(760) 770-0396 – Phone
(760) 770-0399 - Fax

SPECIAL USE PERMIT FOR DOWNTOWN CATHEDRAL CITY
Please Read: It is advisable to submit applications for review 60 days prior to commencement of the use or event to ensure adequate review of the application. We must have a minimum of 30 days prior to the event. If you have any questions while completing this application, please ask a member of the Planning Department for assistance. In addition to this application, you must reserve a date for your event with the Communications/Events Manager. For recurring events, a schedule must be submitted every 3 months. In order for the City to process a Special Use Permit Application, the application fee must be submitted with the completed application. Depending on the type of event, you may also be required to provide a Clean- up/Damage Deposit. Please review the Downtown Fee Schedule for event use in the downtown area. The appropriate fee must be paid prior to the event. Incomplete applications will not be accepted (or process may be delayed). (PLEASE PRINT OR TYPE)

Name of Event:
__________________________________________________________________________________________

CHECK TYPE OF EVENT
_____ Festival
_____ Parade / Race / Marathon
_____ Concert / Performance
_____ Art Show / Outdoor Market
_____ Political Rally / Protest
_____ Other _________________(type)

AREA OF DOWNTOWN CATHEDRAL CITY TO USE (check all that apply) _____ Civic Center Plaza
_____ Civic Center Paseo
_____ Town Square Park
_____ Amphitheater Park
_____ Festival Lawn
_____ Festival Lawn Annex
_____ Avenida Lalo Guerrero
_____ George Montgomery Trail
_____ City Council Chambers
_____ 3rd Floor Parking Structure
_____ City Employee Parking Lot

6.B.a
Packet Pg. 44
Attachment: SUP 2023-005 Battle in the Desert (3748 : Special Use Permit 2023-005 2023 for Battle in the Desert)

DATE(S) OF EVENT: ___ /___ /___ through ___ / ___ / ___ HOURS OF EVENT: ___ :___ AM/PM through ___:___ AM/PM (If multiple days, please indicate dates and times below)
_____________________________________________________________________________________ _____________________________________________________________________________________ EVENT SET-UP DATE: ___ / ___ /___ TIME: ___ : ___ AM/PM TEAR DOWN DATE: ___ / ___ / ___ TIME: ___ : ___ AM/PM

DESCRIPTION OF EVENT (This should be promotional in nature and cannot exceed 250 words):
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ EXPECTED ATTENDANCE PER DAY (List all that apply):

DAY 1: _______________ Morning _______________ Afternoon _______________ Evening DAY 2 _______________ Morning _______________ Afternoon _______________ Evening DAY 3 _______________ Morning _______________ Afternoon _______________ Evening

*In accordance to Emergency Preparedness Requirements, events with 1,000 or more attendees requires a minimum of two crowd control managers to properly direct and assist the event attendees in evacuation during an emergency.

Will your event sell beverages? ______ Yes ______ No
If yes, please know that all events in Downtown Cathedral City must serve Pepsi products and must be purchased through the City of Cathedral City. Please contact Chris Parman (760) 770-0396 for more details.

Is your event open to the general public? _____ Yes _____ No Will your event sell concessions or food items? _____ Yes _____ No If yes, please know that the Cathedral City Community Amphitheater Concession Stand has an exclusive operator and has exclusivity on popcorn, kettle korn, regular hot dogs, and candy.

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Packet Pg. 45
Attachment: SUP 2023-005 Battle in the Desert (3748 : Special Use Permit 2023-005 2023 for Battle in the Desert)

Do you have a business license with the City of Cathedral City? _____ Yes _____ No If no, you must obtain an annual business license or a special event business license with the City.

Do you have subcontractors and vendors providing a service or selling a product? _____ Yes _____ No
If yes, each subcontractor and vendor must hold an annual business license or a temporary special event business license with the City.

Do you or a vendor of yours plan to serve or prepare food? _____ Yes _____ No If yes, you must obtain proper permits from Riverside County Department of Environmental Health.

If yes, the Cathedral City Fire Department life safety / fire inspections must be conducted prior to food being served. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.

Will alcohol be served? _____ Yes _____ No
If yes, you must obtain proper permits from California Department of Alcohol Beverage Control.

If yes, you must obtain Liquor Liability Insurance naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.

If yes, you must have a minimum of one security officer checking identifications for proper age, one security officer per entrance and exit, and one security guard for crowd monitoring (a minimum of three security guards during all alcohol serving times).

If yes, who will be pouring and serving the alcohol? ___________________________________ ______________________________________________________________________________ Will your event utilize tents or canopies? _____ Yes _____ No If yes, proper permits must be obtained by the Cathedral City Fire Department and life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.

The organizer of the event must ensure that all tents and canopies are properly weighted against wind gusts.

Will your event utilize bouncy houses, inflatables, slides, amusement rides or hot air balloons? _____ Yes _____ No
If yes, the Cathedral City Fire Department life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections.

If yes, you must obtain liability Insurance denoting coverage for inflatables and naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.

If hot air balloons, each hot air balloon must obtain insurance of no less than a $1 million in liability coverage naming the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234

6.B.a
Packet Pg. 46
Attachment: SUP 2023-005 Battle in the Desert (3748 : Special Use Permit 2023-005 2023 for Battle in the Desert)

as an additional insured. A copy of the insurance certificate must be presented to the City before the hot air balloon can be utilized for the event.

Will your event have amplified sound and/or music? _____ Yes _____ No If yes, the City’s policy allows amplified sound and/or music between 7 am and 10 pm Fridays, Saturdays, and certain Sundays if the following Monday is a recognized national holiday. All other days, the hours of amplified sound and/or music are between 7 am and 9 pm. Amplified sound or music should be normalized to 89 decibels at the perimeter of the reserved area.

Will your event bring in a temporary stage, truss rig system, and/or lighting? _____ Yes _____ No
If yes, the stage installer and/or owner must obtain liability insurance of no less than $1 million in coverage that names the City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 as an additional insured.

Will your event use searchlights or laser lights? _____ Yes _____ No If yes, searchlights and/or laser lights that shoot above 50 feet in the air need F.A.A. approval as Downtown Cathedral City is under the flight path of Palm Springs International Airport.

Will your event use fireworks or pyrotechnics? _____ Yes _____ No If yes, proper permits must be obtained by the Cathedral City Fire Department and life safety / fire inspections must be conducted prior to their use. Call (760) 770-8200 Mon. - Thurs. 7:00 a.m. to 6:00 p.m. to schedule inspections. Additional liability insurance must be obtained.

SECURITY, PUBLIC SAFETY, AND SANITATION
Are you hiring security for your event? _____ Yes _____ No If yes, the security company must have a valid Private Patrol Operator’s License issued by the State of California. A copy of the license must be presented to the City prior to the event.

Please describe your security plan including crowd control, internal security or venue safety, age identification checks (if applicable) and or attach your plan to this application. _____________________________________________________________________________________

_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ • Please note that if you plan to use Cathedral City Police Department, the billable rate for police officers is $135 per hour per officer. CCPD will bill the event directly. Partial or all anticipated payments may be due prior to the event. The availability of CCPD police officers for your event may not be guaranteed without prior notification of at least 30 days.

6.B.a
Packet Pg. 47
Attachment: SUP 2023-005 Battle in the Desert (3748 : Special Use Permit 2023-005 2023 for Battle in the Desert)

What is your First Aid or Medical Plan for your event?
_____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Do you plan to provide portable toilets? _____ Yes _____ No If yes, the number of portable toilets: __________
If yes, the number of ADA accessible portable toilets: __________ If yes, when are the portable toilets being delivered (Date and time): _____________________ If yes, when are the portable toilets being picked-up (Date and time): ____________________ If yes, will the portable toilets be serviced during your event? _____ Yes _____ No Will your event allow for dogs? _____ Yes _____ No
How do you plan to collect and remove trash and debris during the event?

_____________________________________________________________________________________ _____________________________________________________________________________________ • A clean-up/damage deposit of $600 or more may be required.

EVENT ENTERTAINMENT
Do you plan to have any musical or speaking entertainment for your event? _____ Yes _____ No If yes, please list the names of the band/performers, genre of music:

Name of Band / Performer/ Speaker Genre of Music
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
________________________ ______________________
A complete list must be provided to the City prior to the event. The City reserves the right to deny the performance of any band or act that has a history of creating public safety concerns. The City also has the right to require additional security and/or insurance coverage at the organizer’s expense for acts that have a history of creating public safety concerns.

6.B.a
Packet Pg. 48
Attachment: SUP 2023-005 Battle in the Desert (3748 : Special Use Permit 2023-005 2023 for Battle in the Desert)

APPLICANT AND HOST ORGANIZATION
Host Organization: ____________________________________________________________________ Chief Officer of Host Organization: _______________________________________________________ Host Organization’s Website: ____________________________________________________________ Applicant Name: _____________________________________________________________________ Address Street:
_______________________________________________________________________ City: _______________________________ State: _________________ Zip: ______________ Telephone Prior to the Event: (_____) ______ - ____________ During Event: (_____) ______ - ____________ Phone number of on-site representative who can be contacted during the event, for emergencies or event coordination.

Fax: (_____) ______ - ____________
Email Address: __________________________________________________________ Previous Events managed or operated by the Host Organization and/or Applicant:
_____________________________________________________________________________________ _____________________________________________________________________________________

AFFIDAVIT OF APPLICANT
I certify that the information contained in the foregoing application is true and correct to the best of my knowledge and belief that I have read, understand and agree to abide by the rules and regulations governing the proposed Special Event under the Cathedral City Municipal Code and I understand that this application is made subject to the rules and regulations established by the City Council and/or the City Manager or the City Manager’s designee. Applicant agrees to comply with all other requirements of the City, County, State, Federal, and any other applicable entity which may pertain to the use of the Even venue and the conduct of the Event. I agree to abide by these rules, and further certify that I, on behalf of the Host Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Cathedral City.

Printed Name of Applicant / Host Organization ______________________________________________ Title ___________________________________________________________________________ Signature ___________________________________________________________________________ Date _____________________________

6.B.a
Packet Pg. 49
Attachment: SUP 2023-005 Battle in the Desert (3748 : Special Use Permit 2023-005 2023 for Battle in the Desert)

SUBMITTAL REQUIREMENTS:
_____ Application Fee: $510 – payable to “City of Cathedral City” _____ Non-profit certification (if applicable)
_____ Clean-up / Damage Deposit (if applicable)
_____ Copy of site plan using map attached to this application (show stage, fencing, canopy/tent placement, food vendor locations, merchandise vendor locations, portable restroom locations, generators, etc….)
_____ Provide all necessary insurance coverages (must be submitted prior to the event) _____ Proof of Insurance with a minimum of $1,000,000 in liability coverage naming City of Cathedral City, 68-700 Avenida Lalo Guerrero, Cathedral City 92234 as an additional insured (must be submitted prior to the event)
_____ Proof of all applicable licenses and permits required by local, state and federal agencies (must be submitted prior to the event)
_____ Proof of Cathedral City Fire Department inspections and permits, if applicable (must be submitted prior to the event)
______ Acknowledge that applicant cannot hang any object (lights, speakers, cabling, etc.) from the pipe grid above the amphitheater’s stage floor.

6.B.a
Packet Pg. 50
Attachment: SUP 2023-005 Battle in the Desert (3748 : Special Use Permit 2023-005 2023 for Battle in the Desert)

Downtown Map (Please mark the area you will be using)

6.B.a
Packet Pg. 51
Attachment: SUP 2023-005 Battle in the Desert (3748 : Special Use Permit 2023-005 2023 for Battle in the Desert)

Cathedral City Page 1 of 4 Printed on 5/9/2023

Staff Report

City Council

Item No. 6.C

Meeting Date: May 10, 2023
From: John Corella, Director of Engineering/Public Works Title: Award Contract to Jacobsson Engineering Construction Company for the Via De Anza Street Improvements Project - Phase II, CIP No. 8835

City Council

RECOMMENDATION:

To award a contract to Jacobsson Engineering Construction, Inc. in the amount of $545,167 for constructing the CDBG Public Improvements Project: Via De Anza Street Improvements Project - Phase II (C08835); a nd, approve a fifteen percent (15%) contingency in the amount of $81,775 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $626,942; and, authorize the City Manager to execute the required contrac t documents; and, authorize the City Engineer to request bonds and insurance for the Project and to issue the Notice to Proceed.

BACKGROUND:

The Via De Anza Street Improvements Project - Phase II (Project) is a bid solicitation for the reconstruction an d improvements along Via De Anza Street. The Project is in the Ocotillo Square neighborhood between Dinah Shore Drive and Olancha Road, west of Date Palm Drive (a Project Location Map is attached). The Project will be using the City’s Community Development Block Grant (CDBG) program funding for Public Infrastructure. Engineering Staff identified Via De Anza and connecting streets as eligible for the use of the amended 2022 CDBG Annual Action Plan funding through the Public Improvements portion of the program in the amount of $419,845.

The Project is a continuation of the Via De Anza Street Improvements Project - Phase I, which was completed in March 2023. The Via De Anza Street Improvements Project - Phase I consisted of the construction of street improve ments along the west side of Via De Anza between Dinah Shore Drive and Olancha Road including minor infill improvements on Via Altamira and Olancha Road.

On August 10, 2022, City Council authorized the Director of Engineering/Public Works to execute Task Order 09 for Engineering Design Services for Via De Anza Street

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Improvements Project - Phases II and III to NAI Consulting, Inc. (NAI) in the amount of $38,400.

The proposed street improvements and rehabilitation consists of constructing sidewalk, curb and gutter, curb ramps, driveways, and placing new asphalt concrete on the east half of the street. Private improvements, including reconstructing garden walls, mailboxes, and driveway improvements, will be placed to conform to the existing right of way and necessary setbacks.

In coordination with Coachella Valley Water District (CVWD), the Project will also include the replacement and relocation of a domestic water pipeline within the Project’s limits. CVWD prepared Plans, Specifications, and Estimates (P S&E) for the water main relocation and appurtenances in accordance with CVWD’s design standards. These design standards were incorporated together with the PS&E prepared for the street improvements.

On December 14, 2022. City Council authorized the City Manager to execute a 100% Reimbursement Agreement with CVWD for the relocation and replacement of a water main at an estimated construction cost of $470,000.

DISCUSSION:

On Wednesday, March 22, 2023, the City advertised an invitation to bid, requesting qualified contractors to perform the described scope of work found in the Bid Specifications and Plans for this Project. This solicitation was made available to contractors for twenty -eight (28) calendar days and advertised in the following publications:

• Desert Sun – Published on March 22 and March 29, 2023 • La Prensa Hispana – Published on March 24, 2023
• Planit Print Works
• City’s Website

On April 19, 2023, the City received two (2) bid proposals for this Project. Based on the bids received, the lowest responsive bidder is Jacobsson Engineering Construction, Inc. (Jacobsson) of Thousand Palms, CA. A Bid Tabulation is attached for reference.

The following table ranks each qualified bidder by total price:

RANK CONTRACTOR AMOUNT
1 Jacobsson Engineering Construction, Inc. $545,167.00
2 Granite Construction Company $740,999.20

The Engineer’s Estimate is $658,041.57. Jacobsson bid construction amount is lower than the Engineers Estimate for the construction of the Project.

Engineering Staff is recommending the City Council award a contract to Jacobsson Engineering Construction, Inc. in the amount of $545,167 to construct the Project. Staff is also recommending the approval of a fifteen percent (15%) contingency in the amount

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of $81,775 for any unforeseeable construction costs that may be incurred, thereby, bringing the total construction budget for this Project to $626,942. Additionally, the Engineering Staff recommends City Council authorize the City Manager to execute the required contract documents (atta ched); and, to authorize the City Engineer to request bonds and insurance for the Project and to issue the Notice to Proceed.

ENVIRONMENTAL ANALYSIS:

The project is categorically excluded under the National Environmental Policy Act (NEPA) process for fe derally funded projects per 24CFR58.35 (a)(1), and Categorically Exempt under the California Environmental Quality Act (CEQA), Section 15301 for “Existing Facilities.”

FISCAL IMPACT:

A summary of the Project construction cost is shown below:

Street Improvements - Cathedral City $ 346,797
Water Main Replacement and Relocation - CVWD 198,370 Bid Construction Cost $ 545,167

A 100% Reimbursement Agreement with CVWD in the amount of $198,370, representing the construction cost for the replacement of the domestic water main, will be executed after the City awards the contract. CVWD originally allocated a total of $470,000 in their FY 2022/2023 budget towards its portion of the Project. (Note: CVWD has provisions to pay additional costs if the original cost estimate is exceeded).

The amended FY 2022 /2023 CDBG Annual Action Plan (AAP) budget allocated $419,845 for the design and construction of the Project. (Note: The amount of unused CDBG funds from Via De Anza – Phase I Project in prior fiscal ye ars is $66,079. Once an Administrative Amendment has been completed, these funds can also be used for public improvements.)

Staff is recommending an additional 15% contingency for any unforeseeable construction costs in the amount of $81,775. The total e stimated construction cost is $626,942 as follows.

Bid Construction Cost $ 545,167
15% Contingency 81,775
Total Construction Cost $ 626,942

Staff is requesting to use the available CDBG funds for the street improvements portion of the project in the amount of $346,797 and the additional 15% project contingency in the amount $81,775, for a total amount of $428,572 to be allocated from the FY 2022/2023 CDBG Fund account number 251-100-150-156-8800-8802.

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Cathedral City Page 4 of 4 Printed on 5/9/2023
Staff is also requesting to allocate $1 98,370 for the water main relocation portion of the Project from the Capital Improvement Project (CIP) Fund (account number 331 -100- 150-156-8800-8802) to be reimbursed by CVWD at the completion of the Project.

ATTACHMENTS:

Project Map - Via De Anza Street Improvements - Phase II Bid Tabulation
Contract

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Imagery ©2021 Maxar Technologies, USDA Farm Service Agency, Map data ©2021 100 ft

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Attachment: Project Map - Via De Anza Street Improvements - Phase II (3738 : Award Contract to

CITY OF CATHEDRAL CITY
VIA DE ANZA STREET IMPROVEMENTS, PHASE 2
Bid Tabulation
CITY PROJECT No.: 8835
1 MOBILIZATIO N LS 1 30,000.00$ 30,000.00 $ 29,224.00 $ 29,224.00 $ 18,295.00 $ 18,295.00 $ 2 TRAFFIC CONTRO L LS 1 5,000.00$ 5,000.00 $ 17,500.00 $ 17,500.00 $ 24,269.00 $ 24,269.00 $ 3 DUST CONTROL/ WATER POLLUTION CONTRO L LS 1 3,500.00$ 3,500.00 $ 17,500.00 $ 17,500.00 $ 22,525.00 $ 22,525.00 $ 4 EARTHWORK (INCLUDES UTILIZING CLEARING

AND GRUBBING AND OTHER MISC ITEMS PER
PLANS
)
LS
1 60,000.00$ 60,000.00 $ 38,050.00 $ 38,050.00 $ 46,795.00 $ 46,795.00 $ 5 SAWCUT, REMOVE, AND DISPOSE OF EXISTING
CONCRETE DRIVEWAY SF 1,064 8.00 $ 8,512.00$ 6.00 $ 6,384.00$ 2.00 $ 2,128.00$ 6 REMOVE EXISTING TRE E EA 6 2,000.00$ 12,000.00 $ 2,130.00 $ 12,780.00 $ 702.00 $ 4,212.00 $ 7 FURNISH AND INSTALL MAILBOX PER PLAN EA 5 400.00$ 2,000.00 $ 550.00 $ 2,750.00 $ 654.00 $ 3,270.00 $ 8 REMOVE AND SALVAGE DECORATIVE MAILBOX TO

HOMEOWNER AS REQUESTED TO FURTHEST

EXTENT POSSIBL
E
EA
4 500.00$ 2,000.00 $ 500.00 $ 2,000.00 $ 284.00 $ 1,136.00 $ 9 DEMOLISH, REMOVE, AND DISPOSE OF EXISTING
MASONRY WALL AS NEEDED LF 50 100.00$ 5,000.00 $ 135.00 $ 6,750.00 $ 72.00 $ 3,600.00$ 10 REMOVE AND DISPOSE OF EXISTING CHAIN LINK F E LF 140 11.00$ 1,540.00$ 58.00 $ 8,120.00$ 47.00 $ 6,580.00$ 11 REMOVE AND DISPOSE OF EXISTING ASPHALT

PAVEMENT AND ROAD SECTION TO DEPTH
RE
QUIRED
SF 4,512 5.00 $ 22,560.00$

3.60$ 16,243.20$ 2.25 $ 10,152.00$ 12 CONSTRUCT TYPE A-6 CURB AND GUTTER PER RC
STD 200 AND 205 LF 593 60.00$ 35,580.00$ 74.00 $ 43,882.00$ 39.00 $ 23,127.00$ 13 CONSTRUCT PCC SIDEWALK PER RC STD 401 SF 2,058 8.50 $ 17,493.00$ 15.00 $ 30,870.00$ 6.25 $ 12,862.50$ 14 CONSTRUCTION PORTION OF PCC CROSS GUTTERS
AND SPANDREL PER RC STD 209 MOD. SF 257 21.00$ 5,397.00$ 33.00 $ 8,481.00$ 16.50 $ 4,240.50$ 15 CONSTRUCT DRIVEWAY PER CATHEDRAL CITY STD
200-A AND PLANS SF 1,986 15.00 $ 29,790.00$ 22.00 $ 43,692.00$ 11.25 $ 22,342.50$ 16 CONSTRUCT CURB RAMP PER CALTRANS STD A88A EA 1 5,000.00$ 5,000.00 $ 1,860.00 $ 1,860.00 $ 1,918.00 $ 1,918.00 $ 17 CONSTRUCT MONOLITHIC RETAINING CURB (6"
WIDE AND 8" TALL) LF 188 20.00$ 3,760.00$ 15.00 $ 2,820.00$ 30.00 $ 5,640.00$ 18 CONSTRUCT ASPHALT CONCRETE (DEPTH PER PLAN TON 133 150.00$ 19,949.79$ 220.00 $ 29,260.00$ 282.00 $ 37,506.00$ 19 FURNISH AND INSTALL CLASS II AGGREGATE BASE CY 85 100.00$ 8,477.78 $ 167.00 $ 14,195.00$ 161.00 $ 13,685.00$ 20 1 1/2" GRIND AC PAVEMENT SF 1,346 2.00 $ 2,692.00$ 3.50 $ 4,711.00$ 6.00 $ 8,076.00$ 21 MODIFY AND RESTORE EXISTING LANDSCAPING,

IRRIGATION, AND HARDSCAPE AS NEED TO

SATISFACTION OF CITY (INCLUDING PROVIDING

BOUGAINVILLEAS
)
LS
1 10,000.00$ 10,000.00 $ 21,800.00 $ 21,800.00 $ 14,963.00 $ 14,963.00 $ 22 CONSTRUCT MASONRY GARDEN WALL PER PLAN LF 28 300.00$ 8,400.00 $ 909.00 $ 25,452.00$ 521.00 $ 14,588.00$ 23 CONSTRUCT 6' HIGH MASONRY PILASTER EA 5 1,200.00$ 6,000.00 $ 3,300.00 $ 16,500.00 $ 2,579.00 $ 12,895.00 $ 24 FURNISH AND INSTALL 6' METAL SQUARE
TUBULAR FENCING LF 37 270.00$ 9,990.00 $ 395.00 $ 14,615.00$ 259.50 $ 9,601.50 $

ROADWAY AND TRAFFIC BID ITEMS

TOTAL TOTAL
JacobssonGranite

UNIT COST UNIT COST
Engineers Estimate

TOTAL ITEM DESCRIPTION UNIT QUANTIT Y UNIT COST

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Attachment: Bid Tabulation (3738 : Award Contract to Jacobsson Engineering Construction Company for

CITY OF CATHEDRAL CITY
VIA DE ANZA STREET IMPROVEMENTS, PHASE 2
Bid Tabulation
CITY PROJECT No.: 8835
25 FURNISH AND INSTALL 3/8" ROLLED DESERT GOLD
DECOMPSED GRANITE (2" THICK) SF 100 7.00 $ 700.00$ 15.00 $ 1,500.00$ 18.34 $ 1,834.00$ 26 RESET EXISTING SWING/ROLLING GATES AND

MODIFY EXISTING METAL FENCE PANELS
(INCLUDING NEW HARDWARE, POST, TRACK,

HANGERS
, ETC.)
LS
1 5,000.00$ 5,000.00 $ 11,950.00 $ 11,950.00 $ 13,280.00 $ 13,280.00 $ 27 RELOCATE 12"X12" DRAIN JUNCTION BOX AND
RECONNECT TO DRAIN PIPE EA 1 1,000.00$ 1,000.00 $ 1,080.00 $ 1,080.00 $ 4,696.00 $ 4,696.00 $ 28 STRIPIN G LS 1 2,500.00$ 2,500.00 $ 2,160.00 $ 2,160.00 $ 2,580.00 $ 2,580.00 $ $323,841.57 432,129.20 $ 346,797.00 $
1 ABANDON IN PLACE EXISTING STEEL PIPELINE BY

FILLING WITH SLURRY CEMENT AS SHOWN IN THE
PLAN
LS
1 15,000.00$ 15,000.00 $ 46,800.00 $ 46,800.00 $ 11,014.00 $ 11,014.00 $ 2 FURNISH AND INSTALL 8-INCH DUCTILE IRON PIPE

WITH RESTRAINED JOINTS AND V-BIO ENHANCED

POLYETHYLENE ENCASEMENT METHOD A
LF
612 350.00$ 214,200.00$ 160.00 $ 97,920.00$ 127.00 $ 77,724.00$ 3 FURNISH AND INSTALL 8-INCH 45° DI BEND WITH V
-
BIO ENHANCED POLYETHYLENE ENCASEMENT EA 2 2,500.00$ 5,000.00 $ 450.00 $ 900.00 $ 642.00 $ 1,284.00 $ 4 FURNISH AND INSTALL 1-INCH SERVICE
CONNECTION AND METER BOX PER CVWD STD. W-
7 EA
7 2,000.00$ 14,000.00 $ 10,000.00 $ 70,000.00 $ 6,430.00 $ 45,010.00 $ 5 FURNISH AND INSTALL 6-INCH FIRE HYDRANT
ASSEMBLY (WET BARREL) PER CVWD STD. W-17
AND W-33A
EA
1 20,000.00$ 20,000.00 $ 30,000.00 $ 30,000.00 $ 17,772.00 $ 17,772.00 $ 6 CONSTRUCT TIE-IN CONNECTION AT STA 10+36
AND STA 16+40 AS SHOWN ON THE PLAN,

INCLUDING ALL NECESSARY APPURTENANCES

COMPLETED AND IN PLAC
E
EA
2 10,000.00$ 20,000.00 $ 8,500.00 $ 17,000.00 $ 7,678.00 $ 15,356.00 $ 7 FLUSH AND PRESSURE TESTING THE NEWLY

INSTALLED WATERLINE PER CVWD'S

REQUIREMENT INCLUDING INDIVIDUAL SECTION

SEQUENCES, TEMPORARY BLOW-OFF ASSEMBLY,

DISH HEADS
, AND THRUST PROTECTION
LS
1 10,000.00$ 10,000.00 $ 8,500.00 $ 8,500.00 $ 5,993.00 $ 5,993.00 $ 8 CHLORINATION AND DISINFECTION OF NEWLY

INSTALLED WATERLINE, BACTERIOLOGICAL

SAMPLES PER CVWD'S RE

QUIREMENTS
LS
1 20,000.00$ 20,000.00 $ 15,000.00 $ 15,000.00 $ 9,679.00 $ 9,679.00 $

UNIT COSTTOTAL TOTAL TOTAL UNIT COSTITEM DESCRIPTION UNIT QUANTIT Y UNIT COST

SUB-TOTAL ROADWAY AND TRAFFIC BID ITEMS

WATER MAIN IMPROVEMENT BID ITEMS

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Attachment: Bid Tabulation (3738 : Award Contract to Jacobsson Engineering Construction Company for

CITY OF CATHEDRAL CITY
VIA DE ANZA STREET IMPROVEMENTS, PHASE 2
Bid Tabulation
CITY PROJECT No.: 8835
9 WATER MAIN TRENCH REPAIR ON VIA DE ANZA
(INCLUDING BACKFILL, COMPACTION, AND A.C.

PAVEMENT
)
LS
1 10,000.00$ 10,000.00 $ 16,000.00 $ 16,000.00 $ 7,078.00 $ 7,078.00 $ 10 RAISE WATER VALVE TO GRADE PER CVWD
STANDARDS EA 5 1,200.00$ 6,000.00 $ 1,350.00 $ 6,750.00 $ 1,492.00 $ 7,460.00 $ 334,200.00$ 308,870.00 $ 198,370.00 $
658,041.57$ 740,999.20 $ 545,167.00 $ GRAND TOTAL

SUB-TOTAL WATER MAIN IMPROVEMENT BID ITEMS

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Attachment: Bid Tabulation (3738 : Award Contract to Jacobsson Engineering Construction Company for

Agreement 1300-1
SECTION 1300

CONTRACT

THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "City”, and Jacobsson Engineering Construction, Inc., herein referred to as, "Contractor”.

W I T N E S S E T H:

In consideration of their mutual covenants, the parties hereto agree as follows:

1. Contractor shall furnish all necessar y labor, material, equi pment, transportation, and services for VIA DE ANZA STREET IMPROVEMENTS, PHASE II, CITY PROJECT NO. 8835, BID NO. B23-37E (the “Work”) in the City of Cathedral City, California. The Work shall be done in strict conformity wit h this Contract, approved Change Orders, the Invitation to Bid dated March 22, 2023, Instructions to Bidders, permits issued by the City or other agencies, the G eneral and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor 's Bid dated April 19, 2023, and any addenda thereto (the “Contract Documents”) all of which shall be considered a part hereof as though fully set herein.

2. Contractor will comply with all Federal, State, Count y, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference.

3. All work shall be done in a workman-like manner and to the satisfaction of the City Engineer.

4. Time is of the essence in the Contra ctor’s performance of the Work for this Contract. The contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. The contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 60 working days from the date of Notification to Proceed.

5. In consideration of said Work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed Five Hundred Forty-Five Thousand, One Hundred Sixty-Seven dollars ($545,167.00). All payments shall be subject to approval by t he City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.

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Agreement 1300-2

6. The Contractor shall not knowingly pay less than the high er of the Federal minimum wage rate or the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the wo rk to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of th is provision (Sections 1770-1777, Labor Code of California).

7. Concurrently with the exec ution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents, the cost of which shall be paid by Contractor.

8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent, or groundless), to the maximum extent permitted by law, the City, its City Council a nd each member thereof, and its officers, employees, commission members, and representatives, from any and all liabi lity, loss, suits, claims, damages, costs, judgments and expenses (incl uding attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning o f, or, any injury caused by, any product purchased herein; or any ac ts, errors or omissions (i ncluding, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with th e performance of this Contra ct. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret, or trademark in fringement) sustained by any per son or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.

9. Except as otherwise requir ed, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor duri ng this entire contract and a ll premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. The contractor shall furnish evi dence of having in effect and shall maintain Workers Compensation Insurance coverage of not less than the st atutory amount or otherwise show a certificate of self-ins urance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.

10. Contractor shall forfeit as a penalty to City $25.00 fo r each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California.

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Agreement 1300-3

11. In accepting this Contract, Contractor ce rtifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical conditi on, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that Cont ractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $1,700.00 liquidated dam ages for each such breach committed under this Contract.

12. Contractor also agrees t hat for contracts in excess of $30,000.00 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sec tions 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.

13. Contractor and Owner do her eby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.

14. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to th is agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the F ederal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, not withstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

15. Contractor shall comply with the Davi s-Bacon-Fair Labor Standards Act (40 USC a-276,a-5) and the implem entation regulations t herof. Contractor shall comply with the U.S. Department of Hous ing and Urban Development’s Federal Labor Standards Provisions (HUD 4010).

Contractor acknowledges that work under this contract is subject to the payment of prevailing wages pursuant to Section 1770 and 1773 et seq. of the Labor Code of the State of California, the Director of Industrial Relations (State Prevailing Wages), and the U.S. Department of Hous ing and Urban Development’s Federal Labor Standards Provisions (Davis-Bacon Act Prevailing Wages). The Contractor to whom the contract is awarded, and all subcontractors under him, shall pay the higher of the Federal or State prevailing wage rate for any given classifi cation employed in the performance of this contract.

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Agreement 1300-4
Contractor acknowledges that the applicable Wage Determination for this project is:

General Decision Number: CA20230025

Modification Number: 4

Date: 4-07-2023

16. Section 3 Compliance: The Contractor hereby ackno wledges that this federally funded project is subject to Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701u and 24 CFR Part 75] and agrees to the following:

A. The work to be performed under this cont ract is subject to the requirements of Section 3 of the Housing and Urban Devel opment Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued purs uant thereto by the Secret ary of Housing and Urban Development set forth in 24 CFR 570, and a ll applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

C. The contractor agrees to send to eac h labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a not ice advising the labor organization or workers' representative of the contractor's commi tments under this Section 3 clause and will post copies of the notice in conspicu ous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, ava ilability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge t hat the subcontractor has been found in violation of the regulations in 24 CFR Part 75.

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Agreement 1300-5
E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other t han those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.

F. Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-D etermination and Education Assistance Act (25 U.S.C. 450e) also applie s to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Secti on 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section7(b).

H. All contractors and their subcontractors shall include as part of their bid proposal a copy of their Section 3 Affirmative Ac tion Plan. The Plan should include the following:
a. A preliminary statement of workforc e needs (skilled, semi-skilled, unskilled labor and trainees by category).
b. Goals (in percentage) relative to ut ilization of lower income persons in project area.

c. Goals relative to the project dollar amount of subcontractors to be awarded to project area business.

17. Additional Federal Requirements. Whereas the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant program (24 CFR Part 570) and 2 CFR Part 200 . Contractor, sub-contractors, Consultants, and sub-consultants agree to comply with, and are subject to, all applicable requirements as follows:

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Agreement 1300-6
A. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitl ed "Equal Employment Oppo rtunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discrimi nate against any employee or applicant for employment because of race, color, religion, sex, or national origin.

Contractor/Consultant will ensure that all qualifi ed applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are empl oyed and the employees are treated during employment, without regard to their race color, religion, sex, or national origin.

Such actions shall include, but are not limited to, the following: employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selectio n for training, including apprenticeship. The Contractor/Consult ant agrees to post in a conspicuous place, available to empl oyees and applicants for empl oyment, notices to be provided by the County setting forth the provisions of this non-discriminating clause.

B. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000.00 for construction or repair awarded by recipients and subrecipi ents shall include a provision for compliance with the Copeland “Anti-Ki ckback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the Unit ed States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, comp letion, or repair of public work, to give up any part of the co mpensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.

C. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislat ion, all construction c ontracts awarded by the recipients and subrecipients of more than $2,000.00 shall in clude a provision for compliance with the Davis-Bacon Ac t (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor re gulations (29 CFR part 5, “Labor Standards Provisions Applic able to Contracts Gove rning Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secret ary of Labor. In addition, contractors shall be required to pay wages not less than once a week.

The recipient shall place a copy of t he current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination.

The recipient shall report all suspected or reported violations to HUD.

D. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333:

Where applicable, all contracts awarded by recipients in excess of $2,000.00 for construction contracts and in excess of $2,500.00 for other contracts that

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Agreement 1300-7
involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which ar e unsanitary, hazardous or dangerous.

These requirements do not apply to the pur chases of supplies or materials or articles ordinarily available on the open ma rket, or contracts for transportation or transmission of intelligence.

E. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the perform ance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordanc e with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.

F. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27. 4, Federal Acquisition Regulations (FAR).

G. Clean Air Act (42 U.S. C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000.00 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the R egional Office of the Environmental Protection Agency (EPA).

H. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)— Contractors who apply or bid for an award of $100, 000.00 or more shall file the required certification.

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or em ployee of any agency, a member of Congress, officer or employee of Congre ss, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connec tion with obtaining any Federal award. Such disclosures are fo rwarded from tier to tier up to the recipient.

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Agreement 1300-8
I. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR part 24. This list c ontains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statut ory or regulatory authorit y other than E.O. 12549.

Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

J. Drug-Free Workplace Requirements —The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) require s grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potentia l recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F.

K. Access to Records and Records Retention : The Consultant or Contractor, and any sub-consultants or sub-contractor s, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Cont ractor, and any sub-consult ants or sub-contractors, that are directly pertinent to a specific program fo r the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

L. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.

M. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the stat e energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).

N. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a po litical subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only it ems designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the

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Agreement 1300-9
highest percentage of recovered materi als practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000.00 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000.00; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

O. Buy America Requirements: This project is subj ect to “Buy America” provisions of the Surface Transporta tion Assistance Act of 1982 as amended by the Intermodal Surface Transportation Efficiency Act 1991.

Buy America Requirements

1. Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the except ion that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and other coating that protects or enhances the value of steel or iron materials shall be considered a m anufacturing process subject to the "Buy America" requirements.

2. A Certificate of Compliance, conformi ng to the provisions in Section 6 1.07, "Certificates of Compliance," of t he Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall specifically certify that all manufacturing processe s for the materials occurred in the United States, except for the above exceptions.

3. The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of the materials used does not exceed one-tenth of one percent (0.1 percent) of the total contract cost or $2,500.00, whichever is greater. The Contractor shall furnish the Engineer acceptabl e documentation of the quantity and value of the foreign steel and iron prior to incorporating the materials into the work.

18. This Contract shall not be assignable by Contractor without the written consent of City.

19. Contractor shall not ify the City Engineer (in writing) forthwith when the Contract is

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Agreement 1300-10
deemed completed.

20. In accepting this Contract, the Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.

21. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. The contractor must, at the Contractor’s sole expense, obtain all neces sary permits and licenses required for the Work, give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. The contractor represents and declares to Agency that it has all licenses, permits, qualifications, and approvals of whatever nature which are legally required to practice its profession.

22. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to ensure it is receiving all mone y to which it is entitled under the contract and/or is paying only the amounts to which Contractor is prope rly entitled under the Contract or for other purposes relating to the Contract.

23. The Contractor shall maintain and pres erve all such records for a period of at least three years after termination of the Contract.

24. The Contractor shall maintain all such re cords in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incu rred in conducting the audit at a location other than at City offices incl uding, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.

25. In entering into this C ontract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor are deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Secti on 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Prof essions Code), arising from purchases of goods, services, or materials for the Contra ct. This assignment will be deemed made and will become effective at the time City tenders final pay ment to Contractor, without further acknowledgment by the Parties.

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Agreement 1300-11
IN WITNESS WHEREOF, the parties h ave executed this Contract as of the dates stated below.

"CITY"

CITY OF CATHEDRAL CITY,
a California municipal corporation

By:________________________________ Dated:______________________________

Charles P. McClendon, City Manager

ATTEST:

Dated: _____________________________
Tracey R. Hermosillo, CMC, City Clerk

APPROVED AS TO FORM:

Dated: _____________________________
Eric Vail, City Attorney

“CONTRACTOR”

Dated: By: _______________________________ Name: _______________________________
Title: _______________________________

Dated: By: ____________________________ Name: ________________________________
Title: ________________________________

[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED.]

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Faithful Performance Bond 1310-1
SECTION 1310

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a muni cipal corporation, hereinafter designated the City, has, on _______ , 2023, awarded to Jacobsson Engineering Construction, Inc., hereinafter designated as the Pr incipal, a Contract for VIA DE ANZA STREET IMPROVEMENS, PHASE II, CITY PROJECT NO. 8835, BID NO. B23-37E and

WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said Contract:

NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company, as Surety, are held and firmly bound unt o the City in the just and full amount of Five Hundred Forty-Five Thousand, One Hundred Sixty-Seven dollars ($545,167.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfu lly perform the covenants, conditions, and agreements in the said contract and any altera tions made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true int ent and meaning, and sha ll indemnify and save harmless, the City, its officers, and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond remains in full force and effort.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or additi on to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, an extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK

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Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this ___ day of ______ ____________, 2023, the nam e and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body.

__________________________________________________
Principal
(Seal)

__________________________________________________
Signature for Principal

__________________________________________________
Title of Signatory

__________________________________________________
Surety

(Seal)

__________________________________________________
Signature for Surety

__________________________________________________
Title of Signatory

__________________________________________________
Address of Surety

__________________________________________________
Phone # of Surety

__________________________________________________
Contact Person For Surety

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1320-1
SECTION 1320

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a muni cipal corporation, hereinafter designated the City, has, on ___ 2023, aw arded to Jacobsson Engineering Construction, Inc., hereinafter designated as the Principal, a Contract for VIA DE ANZA STREET IMPROVEMENTS, PHASE II, CITY P ROJECT NO. 8835, BID NO. B23-37E and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:

NOW, THEREFORE, we, the Principal, and The Ohio Casualty Insurance Company, as Surety, are held and firmly bound unto the City in the just and full amount of Five Hundred Fort y-Five Thousand, One Hundred Sixty-Seven dollars ($545,167.00), executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies us ed in, upon, fo r, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exce eding the amount hereinab ove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court.

This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the St ate of California to give a right of action to them or their assigns in any suit brought upon this bond.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contractor to the work to be per formed thereunder or t he specifications accompanying the s ame shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, an extension of time, alteration, or addition to the terms of the contract or the work or the specifications. Said Surety hereby waiv es the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

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Payment Bond 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _____ day of ____________________, 2023, the name and corporate seal of each corporate party being hereto affixed, and these present duly signed by its undersigned representative, pursuant to the authority of its governing body.

__________________________________________________
Principal
(Seal)

__________________________________________________
Signature for Principal

________________________________________________
Title of Signatory

__________________________________________________
Surety

(Seal)

__________________________________________________
Signature for Surety

__________________________________________________
Title of Signatory

__________________________________________________
Address of Surety

__________________________________________________
Phone # of Surety

__________________________________________________
Contact Person For Surety

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Workers' Compensation Insurance 1330-1
SECTION 1330

WORKERS' COMPENSATION INSURANCE CERTIFICATE

In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:

"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insu red against liability for workers' compensation or to undertake self-i nsurance in accordance with the provisions of that co de, and I will comply with such provisions before commencing the performance of the work of this contract."

______________________________________________
Signature

______________________________________________
Title

______________________________________________
Date

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Liability & Insurance Requirements 1340-1
SECTION 1340

LIABILITY AND INSU RANCE REQUIREMENTS

1.0 INDEMNIFICATION

Contractor shall defend, indemnify and hold harmless the City and CVWD District, City Council and each member thereof, and every officer, employee, and agent of City, from any claim, demand, damage, liability, loss, cost, or expense (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor'’ employees, or any of its subcontractors arising out of work under this Contract.

The City and CVWD District does not, and s hall not, waive any rights that it may have against Contractor, any of the Contractor’s em ployees, or any of its subcontractors under this Section becaus e of the acceptance by the City and CVWD District, or the deposit with the City and CVWD Distr ict, of any insurance policy or certificate, required pursuant to this Contract. The hold harmless, indemnification, and duty to defend prov isions of this Section shall apply regardless of whether or not said insurance policie s are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein. The City wi ll not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.

2.0 INSURANCE REQUIREMENTS

2.1 General

After award of contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.

The Notice to Proceed with the Work unde r this Contract will not be issued, and the Contractor shall not commence work until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by the Contractor. Such insurance shall remain in full force and effect at all times during the prosec ution of the Work and until the final completion and acceptance thereof.

The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.

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Liability & Insurance Requirements 1340-2

2.2 Commercial General Liability Policy

The Contractor shall take out and mainta in during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000.00) annual project aggregate, for all of the following:

a. Premises Operations , including Explosion, Collapse, and Underground (X, C, and U) Coverage.

b. Completed Operations/Products, including X, C, and U Coverage.

c. Independent Contractors.

d. Blanket Contractual.

e. Deductible shall not exceed One Thousand Dollars ($1,000.00).

2.3 Commercial Business Auto Policy

The Contractor shall take out and mainta in during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage, prov iding at least all of the following coverage:

a. Coverage shall be applicable to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Contract.

b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy sh all have said coverage provided for under the Commercial General Liability Policy.

c. Deductible shall not exceed O ne Thousand Dollars ($1,000.00).

2.4 Workers' Compensation Insurance

The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:

a. The required policy shall provide coverage for Workers' Compensation (Coverage A).

b. This policy shall provide coverage for One Million Dollars ($1,000,000.00) Employers' Liability (Coverage B).

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Liability & Insurance Requirements 1340-3

2.5 Endorsements

All of the following endorse ments are required to be m ade a part of the policies described in this Section hereof:

a. "The City and CVWD District, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub-consultants are hereby added as additional insured in sofar as Work done under this Contract is concerned."

b. "This policy shall be c onsidered primary insuranc e as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only."

c. "This insurance shall act for each insu red, and additional insured, as though a separate policy had been written for eac h. This, however, will not act to increase the limit of liability of the insuring company.

d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to:

Kevin Biersack, Financial Services Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

2.6 Change in Terms

The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be ob ligated to pay any extra premium for maintaining the insurance requirements specified herein.

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Cathedral City Page 1 of 2 Printed on 5/9/2023

Staff Report

City Council

Item No. 6.D

Meeting Date: May 10, 2023
From: Kevin Biersack, Financial Services Director
Title: Annual Renewal of the Lighting and Landscaping District Budget for Fiscal Year 2023/2024

City Council

RECOMMENDATION:

To adopt three Resolutions to renew the annual assessments with Street Lighting and Landscape Maintenance District No. 1 (Zones 1 through 54, non-sequential)

BACKGROUND:

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

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

DISCUSSION:

As stated in the Recommendation above, the prescribed process includes the City Council adopting resolutions. To meet the time requirements to levy the parcels for the FY 2023 -2024 t ax year, the Resolutions need to be approved by May 10, 2023. A Public Hearing will be scheduled on June 14, 2023, duly published and made available at least 10 days prior to the Public Hearing. The Final Engineer’s Report and Levy for LLD Zones 1 through 54 (non-sequential) will be presented at the June 14th meeting. At

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Cathedral City Page 2 of 2 Printed on 5/9/2023
that time, the Council shall be passing a Resolution approving the Engineer’s Report and a Resolution regarding the Establishment of the Maximum Assessment and Ordering the Levy and Collection of the Assessment.

FISCAL IMPACT:

Final acceptance of the Engineer’s Report and the Resolution Ordering the Levy and Collection of Assessment will allow the City to collect the appropriate levies from the parcel owners for these 16 LLD zones. Two of these LLD zones provide for a 100% contribution from the City’s General Fund for the maintenance of public parks (Century Park and Panorama Park). In addition, the arterial streetlights in these zones are funded with a 50% contribution from the City's General Fund.

ATTACHMENTS:

FY2324-LLD Initiating Resolution
FY2324-LLD Intention Resolution
FY2324-LLD Preliminary Approval Resolution
FY 2324 Cathedral City-Engineers Report to City_Preliminary

6.D
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RESOLUTION NO. _____________

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

CALIFORNIA INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF

ASSESSMENTS FOR THE CITY OF CATHEDRAL CITY STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2023/2024

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

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

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

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

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

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

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

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

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Attachment: FY2324-LLD Initiating Resolution (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT BUDGET FOR RESOLUTION NO. _____________

PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF ________________, 2023.

AYES:

NOES:

ABSENT:

ABSTAINED:

___________________________
Mayor

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_____________________________ ____________________________ City Attorney Department Head

REVIEWED:

_____________________________
City Manager

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Attachment: FY2324-LLD Initiating Resolution (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT BUDGET FOR RESOLUTION NO. _____________

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

CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT

ASSESSMENTS FOR THE CITY OF CATHEDRAL CITY STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2023/2024

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

WHEREAS, The City Council has by previous Resolutions formed the City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1 (hereafter referred to as the “District”), and initiated proceedings for Fiscal Year 2023/2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Califo rnia Streets and Highways Code (commencing with section 22500) (hereafter referred to as the “Act”) that provides for the levy and collection of assessments by the County of Riverside for the City of Cathedral City to pay for the maintenance and services of improvements and facilities related thereto; and,

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

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

WHEREAS, the Report for Fiscal Year 2023/2024 has been filed with the City Clerk, presented to the City Council and preliminarily approved by the City Council, as required by Chapter 3 Sections 22623 and 22624 of said act.

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

Section 1: The above recitals are true and correct.

Section 2: Intention: The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for Fiscal Year 2023/2024.

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

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

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Attachment: FY2324-LLD Intention Resolution (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT BUDGET FOR RESOLUTION NO. _____________

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

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

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

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

Section 8: Notice Of Public Hear ing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on June 14, 2023 at 5:30 pm, or as soon thereafter as feasible in the Council Chambers at City Hall, 68 -700 Avenida Lalo Guerrero, Cathedral City, CA 92234.

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

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

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Attachment: FY2324-LLD Intention Resolution (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT BUDGET FOR RESOLUTION NO. _____________

PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF ________________, 2023.

AYES:

NOES:

ABSENT:

ABSTAINED:

___________________________
Mayor

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_____________________________ ____________________________ City Attorney Department Head

REVIEWED:

_____________________________
City Manager

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Attachment: FY2324-LLD Intention Resolution (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT BUDGET FOR RESOLUTION NO. _____________

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

CATHEDRAL CITY STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2023/2024

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

WHEREAS, the City Council of the City of Cathedral, California has, by previous Resolution, ordered the preparation of the F iscal Year 2023/2024 Engineer’s Report for the District known and designated as the City of Cathedral City Street Lighting and Landscaping Maintenance District No. 1 (hereafter referred to as the “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “Act”); and,

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

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

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

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

Section 2: That the Report as presented, consists of the following:
a) A Description of Improvements (Plans & Specifications). b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance)
c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each said District for Fiscal Year 2023/2024. d) District Assessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein.
e) The 2023/2024 Assessment Collection Roll with the proposed assessment apportioned to each lot or parcel.

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

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

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

PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF ________________, 2023.

AYES:

NOES:

ABSENT:

ABSTAINED:

___________________________
Mayor

ATTEST:

____________________________
City Clerk

APPROVED AS TO FORM: APPROVED AS TO CONTENT:

_____________________________ ____________________________ City Attorney Department Head

REVIEWED:

_____________________________
City Manager

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Attachment: FY2324-LLD Preliminary Approval Resolution (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING DISTRICT City of Cathedral City
Street Lighting and Landscaping
Maintenance District No.1
2023/2024 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: May 10, 2023
Public Hearing: June 14, 2023
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

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Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING

ENGINEER'S REPORT AFFIDAVIT

Street Lighting and Landscaping Maintenance District No. 1

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

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

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

Dated this ____________ day of ______________, 2023.

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

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TABLE OF CONTENTS

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

II. DESCRIPTION OF THE DISTRICT .............................................................. 1

A. Improvements Within the District ....................................................... 1

B. District Zone Boundaries and Improvements ..................................... 2

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

III. Method of Apportionment ............................................................................. 9

A. General .............................................................................................. 9

B. Methodology .................................................................................... 10

C. Assessment Adjustment Formula to Offset Inflation ......................... 12

IV. DISTRICT BUDGET ......................................................................................... 13

A. Description of Budget Items ............................................................. 13

APPENDIX A ............................................................................................ 18

APPENDIX B ............................................................................................ 19

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I. OVERVIEW

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

This Engineer’s Annual Levy Report (“Report”) describes the District and improvements, any proposed changes to the District or improvements and the proposed budgets and assessments for Fiscal Year (“FY”) 2023/2024. The assessments are based on the City’s estimated cost to maintain the improvements that provide a special benefit to properties assessed within the District. The improvements within the District and the corresponding costs and the annual levy are budgeted and assessed for each separate Zone, including expenditures, deficits, surpluses, revenues, and reserves.

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

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

Following consideration of public comments and written protests at a noticed public hearing, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments, the City Council may then order the levy and collection of assessments for FY 2023/2024 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each be nefiting parcel in FY 2023/2024.

II. DESCRIPTION OF THE DISTRICT

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

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Landscaping and Appurtenant Facilities

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

Lighting and Appurtenant Facilities

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

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

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

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

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

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

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Zone One (Vista Del Rey, Tract 29664)

Zone One consists of seventy-two (72) single -family residential parcels located south of 30th Avenue east of Date Palm Drive. There are two (2) arterial streetlights located on 30 th Avenue and nine (9) located within the interior streets of the development. Landscaping improvements maintained in this Zone include the parkway on 30th Avenue associated with the development.

Zone Two (La Paloma, Tract 29584)

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

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

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

Zone Seven (Montage, Tract 29771)

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

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

Zone Eight consists of forty-two (42) single-family residential parcels, located south of McCallum Way and west of Santoro Drive, at the ends of Victor Road, Neuma Road, and El Toro Road. Tract 30256 has twenty-two (22) single-family residential parcels and Tract 30256 -1 has twe nty (20) single -family residential parcels. The improvements maintained for this residential subdivision include four (4) interior streetlights on the four streets of the development.

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

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

The improvements maintained and assessed to this Zone include the streetlights on the interior streets of Tract 27097-8, and the Zone’s proportional special benefit from the maintenance and upkeep of the Vista Chi no and Avenida Maravilla landscaping, street lighting improvements, and graffiti removal. Zone Nine represents 27.4% of the total number of parcels in the La Pasada Neighborhoood that benefit from improvements on Vista Chino and Avenida Maravilla. These properties are assessed proportionately for the cost of those improvements based on 27.4%. There are three (3) arterial streetlights and six (6) interior streetlights within this Zone.

Zone Eleven (Downtown Core Area, Tract 28339)

Zone Eleven consists of eleven (11) parcel s. Ten (10) parcels in the Zone are commercial/industrial development with a combined acreage of 14.77. One (1) parcel in the Zone is a multi-family residential development comprised of sixty-one (61) units. The Downtown Core area is designated in the Downtown Specific Plan.

It includes the Cathedral City Civic Center, a parking structure, theaters, Town Square and Downtown commercial-retail development sites. The properties within this Zone benefit from five (5) arterial streetlights located along the sidewalk and parkway areas of both East Palm Canyon and Cathedral Canyon Drive, as well as forty-six (46) interior streetlights located in the Core area.

Zone Twelve (Mercy Housing Project)

Zone Twelve consists of two (2) multi-family residential parcels comprised of a total of seventy-five (75) units . The Mercy Housing project is an affordable housing project on the block between “A” Street and “ C” Street, and between Cathedral Canyon Drive and West Buddy Rogers Avenue. The project site was originally comprised of fifteen (15) parcels, which were combined into one large parcel that was subsequently split into two (2) parcels. The Zone also incudes a 5,000 Sq. Ft. senior center area. The improvements maintained by the Zone include streetlights and landscaping. The operators of the development maintain the landscaping improvements around the site and in the street parkways. There are six (6) streetlights around the perimeter of the site; one (1) arteria l streetlight is on Cathedral Canyon Drive and the other five (5) are within the interior of the Zone.

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Zone Fifteen (Landau Homes, Tract 21491 & 24982)

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

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

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

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

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

Zone Seventeen (Panorama Park, Tract 2040 & 2232)

Zone Seventeen consists of two thousand four hundred two (2,402) parcels and is comprised of the following:
• Sixty-one (61) commercial/industrial parcels with 15.15 cumulative acreage. • One hundred twenty -two (122) multi-family residential parcels comprised cumulatively three hundred twenty-seven (327) units.
• Four (4) Mobile Home Park parcels.
• Two thousand one hundred and twenty-six (2,126) single-family residential parcels.
• Eighty-nine (89) single-family vacant residential parcels.

Zone Seventeen consists of the parcels located in the subdivisions collectively known as Panorama Park. Zone Seventeen is located within the boundaries of the City, bordered by Vista Chino to the north, Date Palm Drive to the east, 30th Avenue to the south, and Landau Boulevard to the west. The improvements maintained in Zone

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Seventeen include the maintenance and landscaping of facilities located within Panorama Park and the maintenance and servicing of one hundred seventy-three (173) streetlights within the Zone, including sixty-one (61) arterial, one hundred eight (108) interior, and four (4) within the park.

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

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

Zone Eighteen contains eighty one (81) parcels. There are eighty (80) single-family residential parcels and one (1) vacant single-family residential parcel. Zone Eighteen consists of the parcels located in the subdivision known as Landau Manor. Zone Eighteen is located within the boundaries of the City, generally south of Vega Road, north of McCallum Way, east of Keith Avenue and west of Landau Boulevard. The properties within the Zone also include open space retention basins.

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

Zone Nineteen (Alicante, Tract 24035-1)

Zone Nineteen consists sixty-three (63) single-family residential parcels located in the subdivision known as Alicante Neighborhood. Th e Zone is located in the northwest quadrant of the intersections of McCallum Way and San Eljay Drive.

More specifically, this includes properties that are south of Rosemount Road, west of San Eljay Drive, and north of McCallum Way.

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

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Zone Twenty (Cimarron, Tract 25804-1)

Zone Twenty consists of thirty-two (32) single-family residential parcels located in the subdivision known as Cimarron Neighborhood. The Zone is located in the northeast quadra nt of the intersection of 30 th Avenue and Santoro, the interior streets of Borrego Road, Santa Rosa Street and Cimarron Court.

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

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

Zone Twenty -One consists of thirty-six (36) single -family residential parcels located in the subdivision known as Santoro Estates Neighborhood. The Zone located in the southwest corner of Santoro Drive and Tortuga Road. This includes properties east of Santoro Drive, wes t of Da Vall Drive, south of Tortuga Road, north of Borrego Road and the interior streets of Santa Rosa Street, Anza Court and Manzanita Court.

The improvements maintained in Zone Twenty-One include a landscaped parkway on the east side of Santoro Drive ( from Tortuga Road south to the Cimarron tract line just north of Borrego Road), pedestrian safety streetlights, graffiti removal and litter control along Santoro Drive; lighting and servicing of six (6) interior streetlights located throughout the tract; a nd three (3) arterial streetlights located along Santoro Drive. In addition, the assessment, includes the landscape maintenance associated with a retention basin (on two (2) of the parcels) servicing this Zone.

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

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

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

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

Incidental expenses associated with the improvements including, but not limited to:
• The cost of p reparation of the report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the County for collection of assessments; • Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.

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

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III. METHOD OF APPORTIONMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vacant-rural: Parks and vacant parcels with no immediate development potential will be designated vacant-rural. These parcels will be assigned EDU's at the rate of 12.5% of the developed Commercial/Industrial properties, or 0.75 EDU per acre, up to a maximum of 5 acres per parcel. Vacant parcels with approved subdivision maps will be assessed based on the approved future designated use.

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

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

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

Land-Use Category

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

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

Same as Private
Same as Comm./Ind.

Not assessed
Same as Vac./Rural

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

Total Budget FY 2023/2024 / Total EDUs = Assessment per EDU (Rate) Parcel EDU x Assessment Rate per EDU = Parcel Levy Amount

C. Assessment Adjustment Formula to Offset Inflation

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

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

The Zone assessments include a formula for increasing assessments for each fiscal year to offset increases in costs due to inflation. This assessment adjustment formula complies with the above referenced Government Code Section and was adopted by the City Council as approved by the property owners when they were balloted for their assessments. The increase to the maximum assessment amount

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will be applied to each zone within the Street Lighting and Landscape Maintenance District No.1 except Zone 54.

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

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

The percentage difference for the CPI for the Riverside - San Bernardino - Ontario Counties Southern Region applicable for FY 2023/2024 is 7.33%. Therefore, the maximum assessment rates allowed for FY 2023/2024 have been adjusted over the prior year’s maximum assessment rates. For the rates per Zone, see Section IV, District Budget.

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

IV. DISTRICT BUDGET

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

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

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

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

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

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

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

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

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

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STREET LIGHTING & LANDSCAPING
MAINTENANCE DISTRICT NO. 1
PROPOSED BUDGET FOR FY 2023/2024
ZONE 1
Tract 29664
Vista Del Rey
ZONE 2
Tract 29584
La Paloma
ZONE 5
Tract 29487 &
29487-1
Tapestry
ZONE 7
Tract 29771
Montage
ZONE 8
Tract 30256 &
30256-1
Baristo
Equivalent Dwelling Units 72 65 80 128 42
Total Parcels Levied 72 65 80 128 42
Maintenance & Operations 10,400.00 18,320.00 25,700.00 4,608.00 0.00 Public Works Maintenance Labor 106.00 318.00 628.00 0.00 0.00 Professional & Technical 0.00 0.00 0.00 0.00 0.00
Water 396.96 1,357.61 1,177.20 0.00 0.00
Interior Street Lights 2,163.83 1,767.40 2,197.89 0.00 695.49 Arterial Street Lights 470.77 1,326.24 757.12 2,651.17 0.00 Less: 50% General Fund Contribution (Arterial only) (235.38) (663.12) (378.56) (1,325.58) 0.00 Electricity 364.54 460.39 444.59 0.00 0.00
Less: General Fund Contribution to Park Maintenance Costs Subtotal Maintenance Costs: 13,666.72$ 22,886.53$ 30,526.24$ 5,933.58$ 695.49$ Assessment Engineering 750.15$ 1,245.44$ 1,727.26$ 845.78$ 194.31$ City Admin Fees 1,408.71 1,295.09 1,538.57 600.00 921.75 County Fees for Assessment Collection 121.07 117.78 124.83 147.39 106.97 Subtotal Incidental Costs: 2,279.93$ 2,658.31$ 3,390.66$ 1,593.17$ 1,223.03$ Total Operating Budget FY 2023/2024 15,946.65$ 25,544.84$ 33,916.90$ 7,526.76$ 1,918.52$ Reserve Fund
July 1, 2023 Estimated Beginning Balance ¹ 21,728.76$ 7,186.35$ 28,106.12$ (883.93)$ 4,419.09$ FY 2023/2024 Reserve Fund Collection/(Contribution) (538.65) 4,355.16 (316.90) 870.04 315.04 June 30, 2024 Estimated Ending Balance 21,190.11$ 11,541.51$ 27,789.22$ (13.89)$ 4,734.13$ Maximum 25% Reserve of Maintenance costs for FY 2023/2024 ² 3,416.68$ 5,721.63$ 7,631.56$ 1,483.40$ 173.87$ Balance To Levy 15,408.00$ 29,900.00$ 33,600.00$ 8,396.80$ 2,233.56$ 2022/2023 Maximum Assessment Rate ³ 268.16$ 869.73$ 778.72$ 61.12$ 49.57$ 2022/2023 Applied Assessment Rate 175.00$ 500.00$ 400.00$ 61.12$ 49.57$ 2023/2024 Maximum Assessment Rate ³ 287.81$ 933.48$ 835.80$ 65.60$ 53.19$ 2023/2024 Applied Assessment Rate 214.00$ 460.00$ 420.00$ 65.60$ 53.18$ Applied Rate Over/Under Maximum Rate (73.81)$ (473.48)$ (415.80)$ 0.00$ (0.01)$ Consumer Price Index Adjustment
CPI Adjustment 7.33% 7.33% 7.33% 7.33% 7.31%
Difference between Applied 2022/2023 and Applied 2023/2024 per parcel 39.00$ (40.00)$ 20.00$ 4.48$ 3.61$ Difference between Max 2022/2023 and Max 2023/2024 per parcel 19.65$ 63.75$ 57.08$ 4.48$ 3.62$ Total Budget FY 2023/2024 15,408.00$ 29,900.00$ 33,600.00$ 8,396.80$ 2,233.56$ ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items). ³ For Fiscal Year 2018/2019 and prior, Maximum Assessment Rate was increased by the Consumer Price Index (CPI), Los Angeles-Riverside-Orange County Area, for all Urban Consumers from February to February. Starting Fiscal Year 2019/2020 New CPI region Riverside/San Bernardino Counties Southern Region will be used from January to January because this region is only availble on odd months.

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

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STREET LIGHTING & LANDSCAPING
MAINTENANCE DISTRICT NO. 1
PROPOSED BUDGET FOR FY 2023/2024
ZONE 9
Tract 27097-8
La Pasada
Neighborhood
ZONE 11
Tract 28339
Downtown Core
ZONE 12
Mercy Housing
Project
ZONE 15
Tract 21491 &
24982
Landau Homes
ZONE 16
Tract 29139
Century Park
Zone
ZONE 17
Tract 2040 &
2232
Panorama Park
Equivalent Dwelling Units 86 137.42 60 111 599 2,524.94 Total Parcels Levied 86 11 2 111 599 2,402
Maintenance & Operations 10,780.00 0.00 2,000.00 12,663.37 51,903.94 26,431.65 Public Works Maintenance Labor 0.00 0.00 0.00 0.00 77,950.50 88,069.00 Professional & Technical 0.00 0.00 0.00 0.00 0.00 0.00
Water 0.00 0.00 1,472.68 666.03 36,504.00 30,041.75
Interior Street Lights 1,325.90 2,971.34 0.00 3,720.61 9,352.37 26,061.87 Arterial Street Lights 749.23 638.41 0.00 1,915.22 6,243.37 15,534.15 Less: 50% General Fund Contribution (Arterial only) (374.61) (319.21) 0.00 (957.61) (3,121.69) (7,767.08) Electricity 957.23 0.00 0.00 313.02 4,076.15 2,785.88
Less: General Fund Contribution to Park Maintenance Costs (131,545.10) (173,390.15) Subtotal Maintenance Costs: 13,437.74$ 3,290.55$ 3,472.68$ 18,320.64$ 51,363.55$ 7,767.08$ Assessment Engineering 1,772.69$ 612.67$ 177.90$ 1,787.92$ 8,003.53$ 14,481.16$ City Admin Fees 600.00 418.55 272.46 2,041.77 9,963.05 39,229.60 County Fees for Assessment Collection 127.65 92.40 88.17 139.40 368.76 1,216.17 Subtotal Incidental Costs: 2,500.34$ 1,123.62$ 538.53$ 3,969.08$ 18,335.34$ 54,926.93$ Total Operating Budget FY 2023/2024 15,938.08$ 4,414.17$ 4,011.22$ 22,289.72$ 69,698.89$ 62,694.00$ Reserve Fund
July 1, 2023 Estimated Beginning Balance ¹ 23,569.45$ 20,303.55$ 1,502.00$ 40,060.66$ 27,413.17$ 144,669.00$ FY 2023/2024 Reserve Fund Collection/(Contribution) 12,011.92 395.53 (1,574.02) 8,790.28 5,176.11 2,954.44 June 30, 2024 Estimated Ending Balance 35,581.37$ 20,699.08$ (72.02)$ 48,850.94$ 32,589.28$ 147,623.44$ Maximum 25% Reserve of Maintenance costs for FY 2023/2024 ² 3,359.44$ 822.64$ 868.17$ 4,580.16$ 12,840.89$ 1,941.77$ Balance To Levy 27,950.00$ 4,809.70$ 2,437.20$ 31,080.00$ 74,875.00$ 65,648.44$ 2022/2023 Maximum Assessment Rate ³ 415.60$ 136.38$ 37.86$ 323.14$ 255.77$ 77.68$ 2022/2023 Applied Assessment Rate 400.00$ 40.00$ 37.86$ 323.14$ 140.00$ 35.00$ 2023/2024 Maximum Assessment Rate ³ 446.06$ 146.38$ 40.63$ 346.83$ 274.51$ 83.37$ 2023/2024 Applied Assessment Rate 325.00$ 35.00$ 40.62$ 280.00$ 125.00$ 26.00$ Applied Rate Over/Under Maximum Rate (121.06)$ (111.38)$ (0.01)$ (66.83)$ (149.51)$ (57.37)$ Consumer Price Index Adjustment
CPI Adjustment 7.33% 7.33% 7.33% 7.33% 7.33% 7.32%
Difference between Applied 2022/2023 and Applied 2023/2024 per parcel (75.00)$ (5.00)$ 2.76$ (43.14)$ (15.00)$ (9.00)$ Difference between Max 2022/2023 and Max 2023/2024 per parcel 30.46$ 10.00$ 2.77$ 23.69$ 18.74$ 5.69$ Total Budget FY 2023/2024 27,950.00$ 4,809.70$ 2,437.20$ 31,080.00$ 74,875.00$ 65,648.44$ ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items). ³ For Fiscal Year 2018/2019 and prior, Maximum Assessment Rate was increased by the Consumer Price Index (CPI), Los Angeles-Riverside-Orange County Area, for all Urban Consumers from February to February. Starting Fiscal Year 2019/2020 New CPI region Riverside/San Bernardino Counties Southern Region will be used from January to January because this region is only availble on odd months.

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

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STREET LIGHTING & LANDSCAPING
MAINTENANCE DISTRICT NO. 1
PROPOSED BUDGET FOR FY 2023/2024
ZONE 18
Tract 27962,
27962-1 & 30744
Landau Manor
ZONE 19
Tract 24035-1
Alicante
ZONE 20
Tract 25804-1
Cimarron
ZONE 21
Tract 25804-1
Santoro Estates
Zone 54
Jack in the Box
Total
Equivalent Dwelling Units 80.5 63 32 36 1 4,117.86
Total Parcels Levied 81 63 32 36 1 3,811
Maintenance & Operations 9,400.00 15,750.00 6,900.00 8,825.00 0.00 203,681.96$ Public Works Maintenance Labor 106.00 1,356.00 212.00 0.00 0.00 168,745.50$ Professional & Technical 0.00 0.00 0.00 0.00 0.00 0.00$ Water 688.80 554.69 560.67 820.68 0.00 74,241.08$
Interior Street Lights 1,304.67 827.40 1,240.25 635.58 0.00 54,264.60$ Arterial Street Lights 1,924.02 1,861.71 620.08 256.98 590.43 35,538.90$ Less: 50% General Fund Contribution (Arterial only) (962.01) (930.86) (310.04) (128.49) (295.21) (17,769.45)$ Electricity 341.44 330.32 182.36 300.12 705.00 11,261.04$ Less: General Fund Contribution to Park Maintenance Costs (304,935.25) Subtotal Maintenance Costs: 12,802.92$ 19,749.27$ 9,405.32$ 10,709.87$ 1,000.21$ 225,028.38$ Assessment Engineering 902.96$ 1,357.15$ 465.21$ 760.13$ 180.83$ 35,265.09$ City Admin Fees 1,554.80 1,262.62 759.43 824.36 256.23 62,947.00 County Fees for Assessment Collection 125.30 116.84 102.27 104.15 87.70 3,186.85 Subtotal Incidental Costs: 2,583.07$ 2,736.62$ 1,326.90$ 1,688.64$ 524.76$ 101,398.94$ Total Operating Budget FY 2023/2024 15,385.98$ 22,485.88$ 10,732.22$ 12,398.51$ 1,524.98$ 326,427.32$ Reserve Fund
July 1, 2023 Estimated Beginning Balance ¹ 6,449.60$ 18,101.70$ (2,874.06)$ 21,357.44$ 15,171.12$ 376,280.02$ FY 2023/2024 Reserve Fund Collection/(Contribution) 3,486.44 2,990.06 1,992.26 6,321.49 (1,024.98) 46,204.22 June 30, 2024 Estimated Ending Balance 9,936.04$ 21,091.76$ (881.80)$ 27,678.93$ 14,146.14$ 422,484.24$ Maximum 25% Reserve of Maintenance costs for FY 2023/2024 ² 3,200.73$ 4,937.32$ 2,351.33$ 2,677.47$ 250.05$ 56,257.09$ Balance To Levy 18,872.42$ 25,475.94$ 12,724.48$ 18,720.00$ 500.00$ 372,631.54$ 2022/2023 Maximum Assessment Rate ³ 218.45$ 376.77$ 370.49$ 849.28$ 5,000.00$ 2022/2023 Applied Assessment Rate 218.45$ 376.77$ 370.49$ 600.00$ 500.00$ 2023/2024 Maximum Assessment Rate ³ 234.45$ 404.38$ 397.64$ 911.53$ 5,000.00$ 2023/2024 Applied Assessment Rate 234.44$ 404.38$ 397.64$ 520.00$ 500.00$ Applied Rate Over/Under Maximum Rate (0.01)$ 0.00$ 0.00$ (391.53)$ (4,500.00)$ Consumer Price Index Adjustment
CPI Adjustment 7.33% 7.33% 7.33% 7.33% 0.00%
Difference between Applied 2022/2023 and Applied 2023/2024 per parcel 15.99$ 27.61$ 27.15$ (80.00)$ 0.00$ Difference between Max 2022/2023 and Max 2023/2024 per parcel 16.00$ 27.61$ 27.15$ 62.25$ 0.00$ Total Budget FY 2023/2024 18,872.42$ 25,475.94$ 12,724.48$ 18,720.00$ 500.00$ 372,631.54$ ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items). ³ For Fiscal Year 2018/2019 and prior, Maximum Assessment Rate was increased by the Consumer Price Index (CPI), Los Angeles-Riverside-Orange County Area, for all Urban Consumers from February to February. Starting Fiscal Year 2019/2020 New CPI region Riverside/San Bernardino Counties Southern Region will be used from January to January because this region is only availble on odd months.

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

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APPENDIX A

District Assessment Diagrams

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

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Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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6.D.d
Packet Pg. 112
Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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Packet Pg. 113
Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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6.D.d
Packet Pg. 114
Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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6.D.d
Packet Pg. 115
Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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6.D.d
Packet Pg. 116
Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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6.D.d
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Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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6.D.d
Packet Pg. 118
Attachment: FY 2324 Cathedral City-Engineers Report to City_Preliminary (3735 : ANNUAL RENEWAL OF THE LIGHTING AND LANDSCAPING /67/105/116/121/32/111/102/32/67/97/116/104/101/100/114/97/108/32/67/105/116/121 /54/56/45/55/48/48/32/65/118/101/110/105/100/97/32/76/97/108/111/32/71/117/101/114/114/101/114/111 /67/97/116/104/101/100/114/97/108/32/67/105/116/121/44/32/67/97/32/57/50/50/51/52 /80/104/46/32/40/55/54/48/41/55/55/48/45/48/51/52/48
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2023/2024 Street Lighting and Landscaping Maintenance District No.1 Page 19

APPENDIX B

2023/2024 Collection Roll

Parcel identification, for each parcel within the District, shall be the parcel as shown on the Riverside County Assessor's map for the year in which this Report is prepared. The land use classification for each parcel is based on the Riverside County Assessor’s Roll.

A listing of parcels assessed within this District, along with the proposed assessment amounts, shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report.

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

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

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

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

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Cathedral City Page 1 of 2 Printed on 5/9/2023

Staff Report

City Council

Item No. 6.E

Meeting Date: May 10, 2023
From: Anne Ambrose, Assistant City Manager
Title: Approve the Public Arts Commission's Recommendation to Accept a Donation of a Val Samuelson Painting

RECOMMENDATION:

To accept the Public Arts Commission's recommendation and approve the acceptance of a donation of a Val Samuelson painting and authorize the City Manager to execute an agreement with the donor to accept the artwork.

BACKGROUND:

On March 28, 2023, the City received an email from a resident in Las Vegas. She stated her husband was gifted a painting that has been sitting in their garage. The family has decided to move but did not know what to do with the painting. The emailer did some research on the artist and de termined it was by Val Samuelson and noted his connections to Cathedral City. She contacted staff to see if the City would be interested in accepting the painting as a donation. Her only request was that someone pick up the painting or pay for shipping.

Stone James reached out to her, and she confirmed their desire to donate the painting.

As they are putting their home on the market, it is their desire to have it picked up or shipped probably within the next month, otherwise they will likely throw the p ainting away. Stone James will be going to Las Vegas for a conference in May and will be able to pick up the painting.

DISCUSSION:

Val Samuelson was a well-known local artist who lived in the Cathedral City Cove neighborhood for 37 years. Mr. Samuelson passed away in 2000 in Cathedral City.

The City is already in possession of two landscape paintings by Mr. Samuelson. Staff believes the proposed donation would be an important asset to the City’s public arts collection.

A brief internet search for sa les of Val Samuelson paintings through publicly available

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Cathedral City Page 2 of 2 Printed on 5/9/2023
sources range from $200 -800; with one exception being a piece offered on E -bay for $4,500. Other sales information is unavailable other than through paid subscription to various auction sites.

The item was presented to the Public Arts Commission at their April 11, 2023 meeting and the Commission unanimously recommended the City accept the painting.

FISCAL IMPACT:

If directed by the City Council to have the item shipped, staff would need to rece ive a quote from the person offering the donation on shipping costs. If Stone James picks up the item, there would be no cost to pick up the item as he will already be in Las Vegas.

ATTACHMENTS:

Donation Agreement - Val Samuelson Artwork

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RIV #4856-7688-4064 v1

AGREEMENT FOR DONATIONOF ART WORK

THIS AGREEMENT FOR DONATION OF ART WORK (“Agreement”) is entered into this _______ day of May 10, 2023 , between the City of Cathedral City (“City”) and Denise Trout (“Donor”), whose address is 7435 West Wigwam Ave, Las Vegas, NV 8913.

R E C I T A L S

WHEREAS, the Donor has ownership of a cert ain painting named “Tahquitz Ridge of San Jacinto” (“Artwork”) by artist Val Samuelson , deceased, photos of which is attached hereto as Exhibit A and incorporated herein by reference; and

WHEREAS, the Artwork is being offered to the City as a donation; and

WHEREAS, the Cathedral City Public Arts Commission considered the donation at their April 11, 2023 regular meeting and recommended that the City Council accept the donation; and

WHEREAS, the City Council at its regular meeting of May 10, 2023 has chosen to accept the donation of the Artwork as a permanent addition to the City’s public art collection; and

NOW, THEREFORE, the City and the Donor , for the consideration and under the conditions hereinafter set forth, agree as follows:

ARTICLE 1: SCOPE OF SERVICES

1-1.1 GENERAL

Donor desires to donate the Artwork to City because due to the artist, Val Samuelson, had historic ties to Cathedral City. The Donor wishes to donate the Artwork to City without any instructions.

ARTICLE 2: WARRANTIES

2-1 WARRANTIES OF TITLE

The Donor, based solely on their own knowledge without any duty of investigation, represents and warrants that:

(a) The Artwork is solely the property of the Donor, and to their knowledge, Donor owns all rights, title and interest, regarding the Artwork and there is no dispute as to their ownership of the Artwork.
(b) The Artwork is unique and original and does not infringe upon any copyright. (c) The Artwork is not now and has not been during the period of Donor’s ownership or possession of the Artwork, the subject of any current or past claim, demand, or any legal or administrative action, whether related to disputed ownership, copyright infringement, or otherwise.

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Attachment: Donation Agreement - Val Samuelson Artwork (3740 : Approve Public Arts Commission Recommendation to Accept Art Donation)

RIV #4856-7688-4064 v1
ARTICLE 3: TITLE, COPYRIGHTS, AND ASSIGNMENT OF ROYALTY RIGHTS

(a) Title to Artwork shall pass to the City upon acceptance of the donation by the Cathedral City City Council as evidenced by the City Council’s approval at a duly noticed regular meeting of the City Counci l and of this Agreement executed by the Donor, The Donor hereby conveys to City and City’s assigns, the right to collect any royalty payments including, without limitations, those provided by California Civil Code Section 986. (b) The City hereby assumes the title, inclusive of all copyrights to Artwork.

ARTICLE 4: DONOR’S RIGHTS

4-1 GENERAL

The Donor conveys all rights under the Copyright Act of 1976 (17 USC 101 et seq.) the Donor may have concerning the Artwork. City may make any exact duplicates or reproduction of the completed Artwork, or license the right for others to do so, without the express prior written permission of the Donor. City may make or license the right to make image reproductions including but not limited to: any wri tten or printed information pertaining to the City; reproduction in exhibition catalogues, books, slides, photographs, postcards, posters, and calendars; in art magazines, art books and art and news sections of newspapers; in general books and magazines not primarily devoted to art; slides and film strips; video; computer web sites and television.

4-2 CREDIT TO THE ARTIST

All images of Artwork by the City shall contain a credit to the Donor.

4-3 CREDIT TO THE ARTIST

The City shall use its best efforts to give a credit creation of the Artwork to the Artist in any public showing, exhibition or illustration of the Artwork under the City’s control

4-4 COPYRIGHT REGISTRATION

Any registration of a copyright under the Copyright Act of 1976 sh all be the sole responsibility of the City and the costs of such registration shall be borne by the City. The City has no obligation to sue or defend on behalf of the Artist to protect the claims of the Artist, or Artist’s estate.

ARTICLE 6: REMOVAL, REPAIR, OR ALTERATION

6-1. The City has the right to remove the Artwork from public display or viewing and to conduct work to conserve, repair, or restore the Artwork at any time where the City deems such work is prudent or necessary.

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Attachment: Donation Agreement - Val Samuelson Artwork (3740 : Approve Public Arts Commission Recommendation to Accept Art Donation)