Agenda packet, regular meeting — Cathedral City City Council, September 27, 2023 (part 1 of 2)

CITY COUNCIL
AGENDA

Regular Meeting
Wednesday, September 27, 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 on 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. EMERGENCY UPDATE
A. Update on Emergency Actions Related to Tropical Storm Hilary Recommendation: Update on Status of Emergency Proclamation, Resolution 2023-29.

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

Possible consideration of additional measures to be
taken. Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by
majority vote.

B. Award Contract for Soil Removal due to Tropical Storm Hilary to Stice Company, Inc.

Recommendation: To award a soil removal contract to Stice Company Inc., in the amount of $3,967,966.80 for the for removal of soil from affected areas due to Tropical Storm Hillary, City Project (M00020) and approve a fifteen percent (15%) contingency in the amount of $595,195.20 for any unforeseeable costs; thereby, bringing the total soil removal budget for this Project to $4,563,162.00; and, approve a General Fund
appropriation in the amount of $4,563,162.00; and, authorize the City Manager to execute the required contract
documents; and, authorize the City Engineer to request
bonds and insurance for the Project and issue the Notice to Proceed.

3. 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.

4. 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 - Sep 13, 2023 3:00 PM

2. City Council - Regular Meeting - Sep 13, 2023 5:30 PM C. Approve an Amendment to the CCPFA Memorandum of Understanding Recommendation: To approve an Amendment to the Memorandum of Understanding between the City of Cathedral City and
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Cathedral City Professional Firefighters Association
(CCPFA).

D. Approve an Amendment to the CCFMA Memorandum of Understanding Recommendation: To approve an Amendment to the Memorandum of Understanding between the City of Cathedral City and
Cathedral City Fire Management Association (CCFMA).

E. CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd Reading)
Recommendation: Conduct Second Reading and adopt the Ordinance authorizing the levy of a special tax within Improvement Area No. 18 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic. Park and General Maintenance Services).

F. Special Use Permit - Fields of Valor
Recommendation: To approve SUP# 23-008 for the annual Fields of Valor event at Patriot Park.

G. Tract No. 37124: Approval of Final Map and Subdivision Agreement (Subdivider NCP Verano, LLC)
Recommendation: To approve Final Map of Tract No. 37124 and accept the dedications offered on the Map for public utility easement purposes and approve the Subdivision Agreement for Tract No. 37124 and authorize its execution by the Mayor and City Clerk.

5. ITEMS PULLED FROM CONSENT

6. PUBLIC HEARINGS
A. AB 1600 Fee Justification Nexus Study
Recommendation: To adopt the Assembly Bill (AB) 1600 Fee Justification Nexus Study findings and update the City's AB 1600
development impact fee schedule to reflect the adopted
recommendations. Full implementation of the adopted fees will be effective January 1, 2024.

7. LEGISLATIVE ACTIONS
A. Council Subcommittee Funding Recommendations for the FY 2023/2024 Community Assistance Program
Recommendation: The Council Subcommittee recommends City Council approve the award of grants totaling $70,000 for the FY 2023/2024 Community Assistance Program.

B. Luchador Brewing Company Brewfest SUP
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Recommendation: To approve SUP# 23-009 for the Desert Brewfest event, hosted by Luchador Brewing Company in Downtown
Cathedral City.

C. Resolution of Opposition to Initiative No. 21-0042A1, A November 2024 Ballot Measure Jeopardizing Cities' Ability to Provide Essential Services and Infrastructure
Recommendation: Approve a resolution of opposition to Initiative No. 21- 0042A1, a November 2024
Ballot Measure jeopardizing Cities' ability to provide
essential services and
infrastructure.

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

9. CLOSED SESSION

ADJOURN

NOTES TO THE PUBLIC:

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

Any documents provided to a majority of the City Council regarding any item on this agenda will be made available 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.

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Staff Report

City Council

Item No. 2.A

Meeting Date: September 27, 2023
From: Charles McClendon, City Manager
Title: Update on Emergency Actions Related to Tropical Storm Hilary

City Council

RECOMMENDATION:

Update on Status of Emergency Proclamation, Resolution 2023-29.

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

Possible consideration of additional measures to be taken. Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.

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Staff Report

City Council

Item No. 2.B

Meeting Date: September 27, 2023
From: John Corella, Director of Engineering/Public Works Title: Award Contract for Soil Removal due to Tropical Storm Hilary to Stice Company, Inc.

City Council

RECOMMENDATION:

To award a soil removal contract to Stice Company Inc., in the amount of $3,967,966.80 for the for removal of soil from affected areas due to Tropical Storm Hillary, City Project (M00020) and approve a fifteen percent (15%) contingency in the amount of $595,195.20 for any unforeseeable costs; thereby, bringing the total soil removal budget for this Project to $4,563,162.00; and, approve a General Fund appropriation in the amount of $4,563,162.00; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the Project and issue the Notice to Proceed.

BACKGROUND:

On August 20, 2023, Tropical Storm Hilary struck Southern California, the Coachella Valley, and more specifically Cathedral City, resulting in flooded roads, neighborhoods and mud flows in various areas of Cathedral City. Runoff flood waters brought large amounts of sediment and debris and left many areas of the City flooded and covered in several feet of mud (soil) and debris. Significant damage from mud flows occurred within approximately 40 acres at the northeast area of Panorama neighborhood.

The emergency work to restore access and traffic through Panorama Neighborhood began on August 21, 2023, and continued into late September 2023. During this disaster, various contractors were hired to assist the City. Residents disposed of soil and debris from their properties and placed it in the City right of way. The emergency work included removing soil and debris from the streets and rights of way and storing it on nearby vacant lots off Date Palm Drive and Vista Chino in the northeast area of the Panorama neighborhood. The attached map identifies these debris storage areas.

With the roadways clear of soil and debris, the next step is to return to the vacant lots and remove and dispose the soil material (Project) resulting from the Tropical Storm Hilary event on August 20, 2023 . The Project will require a Contractor to conduct the appropriate dust control measures, remove and dispose of the soil material in a legal

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manner, and stabilize the vacant lots and right of way areas used to stockpile the soil material.

DISCUSSION:

Continuing with the City’s Emergency Response Work, City Staff advertised an invitation to bid on September 13, 2023, September 15, 2023, and September 17, 2023, requesting qualified contractors to perform the soil removal and all incidental work as described in the bid documents of Bid No. B23 -53E, for this Project. This solicitation was made available to contractors for eight (8) calendar days and advertised in the following locations:

• Desert Sun – Published on September 13, 2023, September 15, 2023, September 17, 2023
• PlanIt Print Works – From September 13, 2023, until September 21, 2023 • City’s Website – From September 13, 2023, until September 21, 2023

On September 21, 2023, the City received eleven (11) bid proposals for this Project.

The following table lists each qualified bidder by total price:

RANK CONTRACTOR AMOUNT
1 Stice Company Inc. (Irvine, CA) $3,967,966.80
2 Demo Unlimited Inc. (La Quinta, CA) $3,990,617.55
3 Granite Construction Company (Indio, CA) $4,136,190.00 4 Tri Star Contracting II Inc. (Desert Hot Springs, CA) $4,269,646.00 5 Sky Construction Services Inc. (Desert Hot Springs, CA) $4,643,615.00 6 Urban Habitat (La Quinta, CA) $4,669,154.65
7 Pacific West Undergrounding Inc. (Yucaipa, CA) $5,103,422.00 8 Jacobsson Engineering Construction Inc. (Palm Desert, CA) $5,682,122.00 9 Resource Environmental Inc. (Cerritos, CA) $6,651,095.00 10 DRC Pacific Inc. (Metairie, LA) $16,568,050.62

Please note: A bid submitted by Empire Equipment Service Inc., was considered non - responsive due to being non -compliant to the limitations on subcontracting over 51% above the specifications requirements.

The Bid Tabulation prepared by the Engineering Division is attached to this report for reference.

Based on the bids received, the lowest responsive and responsible bidder is Stice Company Inc. from Irvine, CA.

Engineering Staff is recommending the City Council award a soil removal contract to Stice Company Inc., in the amount of $3,967,966.80 for the for removal of soil from affected areas due to Tropical Storm Hillary, City Project (M00020) and approve a fifteen percent (15%) contingency in the amount of $595,195.20 for any unforeseeable costs; thereby, bringing the total soil removal budget for this Project to $4,563,162.00; and, approve a General Fund appropriation in the amount of $4,563,162.00; and, authorize the City Manager to execute the required contract documents; and, authorize

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the City Engineer to request bonds and insurance for the Project and issue the Notice to Proceed

Soil removal is scheduled to start as soon as contract documents are executed and processed with a start date of early this October 2023. Completion of this work will be by April 2024 or sooner.

ENVIRONMENTAL ANALYSIS:

These projects are categorically excluded under the National Environmental Policy Act (NEPA) process for federally funded projects per 23 CFR 771.117(c)(9), and Categorically Exempt under the California Environmental Quality Act (CEQA), Section Guidelines §§ 15269, 15300.2(d), and 15301(d).

FISCAL IMPACT:

The Bid Opening for this Project was held on September 21, 2023, with the lowest responsive and responsible bid received in the amount of $3,967,966.80 from Stice Company Inc.

The budget required for the construction of this Project will include the bid amount and a 15% contingency for a total amount of $4,121,262.00 as shown below.

Bid Cost (Stice Company Inc.) $ 3,967,966.80
15% Contingency $ 595,195.20
Construction Total $ 4,563,162.00

This authorization is estimated to be in the amount of $4,563,162.00 and funded from the City’s General Fund.

The authorization for funding the soil removal as emergency repair work will require an amendment to the FY 2023 -2024 Budget. Once additional costs are known, e.g., salary overtime, repairs, etc., a future amendment will be brought forward to the City Council at a future date.

Note: On September 14, 2023, Governor Newsome sent a request to President Joe Biden for a major disaster declaration for the State of California as a result of Tropical Storm Hillary, requesting public assistance for Imperial, Inyo, Kern, Los Angeles, Riverside, San Bernardino, San Diego, Siskiyou, and Ventura counties and additional hazard mitigation statewide.

On September 19, 2023, a bipartisan delegation of California leaders sent President Joe Biden a letter urging the President to approve a FEMA major disaster declaration for the areas impacted by Tropical Storm Hilary.

FIVE-YEAR STRATEGIC PLAN:

Goal E: Safety
Objective: Cathedral City is safe for all who live, work and play in our community.

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ATTACHMENTS:

Soil Storage Location
Bid Tabulation - Soil Removal Contract Due to Tropical Storm Hillary 1300 Series- Contract + Insurance - Stice Company Inc

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2023 Hilary Damages
Soil Storage Areas
NORTH

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Attachment: Soil Storage Location (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

CITY OF CATHEDRAL CITY
TROPICAL STORM HILARY – SOILS REMOVAL
Bid Tabulation/ Analysis
CITY PROJECT No.: M00020

ITEM DESCRIPTION UNIT QUANTIT Y UNIT COST TOTAL
1 MOBILIZATIO N LS 1 46,069.00$ 46,069.00 $ 5,020.00 $ 5,020.00 $ 2 TRAFFIC CONTRO L LS 1 60,000.00$ 60,000.00 $ 10,000.00 $ 10,000.00 $ 3 DUST CONTROL/ WATER POLLUTION
CONTROL LS 1 231,360.00$ 231,360.00 $ 216,000.00 $ 216,000.00 $ 4 UNCLASSIFIED
EXCAVATION/EARTHWORK CY 150,000 23.93$ 3,589,500.00$ 25.00 $ 3,750,000.00$ 5 SOIL STABILIZATION SF 661,900 0.06$ 41,037.80$ 0.0145 $ 9,597.55$ TOTAL 3,967,966.80$ 3,990,617.55 $
1 MOBILIZATIO N LS 1 300,000.00$ 300,000.00 $ 97,203.00 $ 97,203.00 $ 3,000.00 $ 3,000.00 $ 2 TRAFFIC CONTRO L LS 1 85,000.00$ 85,000.00 $ 241,497.00 $ 241,497.00 $ 10,000.00 $ 10,000.00 $ 3 DUST CONTROL/ WATER POLLUTION
CONTROL LS 1 55,000.00$ 55,000.00 $ 138,494.00 $ 138,494.00 $ 93,639.00 $ 93,639.00 $ 4 UNCLASSIFIED
EXCAVATION/EARTHWORK CY 150,000 24.20$ 3,630,000.00$ 24.93 $ 3,739,500.00$ 30.07 $ 4,510,500.00$ 5 SOIL STABILIZATION SF 661,900 0.10$ 66,190.00$ 0.08 $ 52,952.00$ 0.04 $ 26,476.00$ 4,136,190.00$ 4,269,646.00 $ 4,643,615.00 $ 1 MOBILIZATIO N LS 1 166,127.10$ 166,127.10 $ 154,490.00 $ 154,490.00 $ 45,000.00 $ 45,000.00 $ 2 TRAFFIC CONTRO L LS 1 110,985.15$ 110,985.15 $ 128,447.00 $ 128,447.00 $ 75,265.00 $ 75,265.00 $ 3 DUST CONTROL/ WATER POLLUTION
CONTROL LS 1 231,080.70$ 231,080.70 $ 126,795.00 $ 126,795.00 $ 292,000.00 $ 292,000.00 $ 4 UNCLASSIFIED
EXCAVATION/EARTHWORK CY 150,000 27.55$ 4,132,500.00$ 30.85 $ 4,627,500.00$ 35.00 $ 5,250,000.00$ 5 SOIL STABILIZATION SF 661,900 0.04$ 28,461.70$ 0.10 $ 66,190.00$ 0.03 $ 19,857.00$ 4,669,154.65$ 5,103,422.00 $ 5,682,122.00 $ 1 MOBILIZATIO N LS 1 400,000.00$ 400,000.00 $ 38,461.54 $ 38,461.54 $ 2 TRAFFIC CONTRO L LS 1 163,000.00$ 163,000.00 $ 65,769.23 $ 65,769.23 $ 3 DUST CONTROL/ WATER POLLUTION
CONTROL LS 1 205,000.00$ 205,000.00 $ 246,153.85 $ 246,153.85 $ 4 UNCLASSIFIED
EXCAVATION/EARTHWORK CY 150,000 39.00$ 5,850,000.00$ 107.50 $ 16,125,000.00$ 5 SOIL STABILIZATION SF 661,900 0.05$ 33,095.00$ 0.14 $ 92,666.00$ 6,651,095.00$ 16,568,050.62 $
Stice Company Inc.

GRAND TOTAL

QUANTITY UNIT COST TOTAL UNIT COST TOTAL
Resource Environmental Inc. DRC Pacific Inc.

ITEM DESCRIPTION UNIT

TOTAL UNIT COST TOTAL QUANTITY UNIT COST UNIT COST TOTAL

GRAND TOTAL

GRAND TOTAL
Urban Habitat Pacific West Undergrounding Inc. Jacobsson Engineering, Inc.

ITEM DESCRIPTION UNIT

TOTAL UNIT COST TOTAL
Granite Construction Company Tri Star Contracting II Inc. Sky Construction Services Inc.

UNIT COSTITEM DESCRIPTION UNIT QUANTITY UNIT COST TOTAL

UNIT COST
Empire Equipment Service, Inc.

TOTAL

NON RESPONSIVE
TOTAL
Demo Unlimited Inc.

UNIT COST

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Attachment: Bid Tabulation - Soil Removal Contract Due to Tropical Storm Hillary (3915 : Award Contract

Agreement 1300-1
SECTION 1300

CONTRACT

THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as "C ity”, and Stice Company , 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 necessary labor, material, equipment, transportation, and services for TROPICAL STORM HILARY – SOILS REMOVAL, CITY PROJECT NO. M00020, BID NO. B23 -53E (the “ Work”) in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated September 13, 2023, Instructions to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications , Plans, Referenced Specifications, the General Conditions, Supplementary Conditions, Certification for Contracts, Grants, Loans, and Cooperative Agreements , the Contractor's Bid dated September 2 1, 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, County, 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 satisfact ion of the City Engineer.

4. Time is of the essence in the Contractor’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 c ontractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within 120 Working Days from the date of Notification to Proceed.

5. In consideration of said W ork, 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 Three Million Nine Hundred Sixty -Seven Thousand Nine Hundred Sixty -Six Dollars and Eighty Cents($3,967,966.80). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.

6. The Contractor shall not knowingly pay less than the higher 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 work to be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars

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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Agreement 1300-2
($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision (Sections 1770- 1777, Labor Code of California).

7. Concurrently with the execution 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 and each member thereof, and its officers, employees, commission members, and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including 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 of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. 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 infringement) sustained by any person 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 required, 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 during this entire contract and all 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 c ontractor shall furnish evidence of having in effect and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self -insurance, 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 for 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.

11. In accepting this Contract, Contractor certifies 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 condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and

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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Agreement 1300-3
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 Contractor 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 $500.00 liquidated damages for each such breach committed under this Contract.

12. Contractor also agrees that for contracts in excess of $30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 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 shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally accept able accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereo f 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, 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.

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

15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed.

16. 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.

17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the W ork. The contractor must, at the Contractor’s sole expense, obtain all necessary 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 c ontractor 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.

18. 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 e nsure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.

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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Agreement 1300-4

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

21. The Contractor shall maintain all such records 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 incurred in conducting the audit at a location other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.

22. In entering into this Contract 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 Section 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 Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgment by the Parties.

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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Agreement 1300-5
IN WITNESS WHEREOF, the parties have 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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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Faithful Performance Bond 1310-1
SECTION 1310

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on September 27, 2023, awarded to and Stice Company, Inc., hereinafter designated as the Principal, a Contract for TROPICAL STORM HILARY – SOILS REMOVAL, CITY PROJECT NO. M00020, BID NO. B23 -53E and

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

NOW, THEREFORE, we, the Principal, and The Ohio C asualty Insurance Company, as Surety, are held and firmly bound unto the City in the just and full amount of Three Million Nine Hundred Sixty -Seven Thousand Nine Hundred Sixty -Six Dollars and Eight y Cents($3,967,966.80) 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 faithfully perform the covenants, conditions, and agreements in the said contract and any alterations 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 intent and meaning, and shall 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 addition 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.

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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Faithful Performance Bond 1310-2
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 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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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Payment Bond 1320-1
SECTION 1320

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on September 27 , 2023, awarded to Stice Company , Inc ., hereinafter designated as the Principal, a Contract for TROPICAL STORM HILARY – SOILS REMOVAL, CITY PROJECT NO. M00020, BID NO. B23 -53E 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 C asualty Insurance Company, as Surety, are held and firmly bound unto the City in the just and full amount of Three Million Nine Hundred Sixty -Seven Thousand Nine Hundred Sixty -Six Dollars and Eighty Cents($3,967,966.80), 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 used in, upon, for, 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 exceeding the amount hereinabove 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 State 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 performed thereunder or the specifications accompanying the same 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 waives 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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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

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 insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."

______________________________________________
Signature

______________________________________________
Title

______________________________________________
Date

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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Liability & Insurance Requirements 1340-1
SECTION 1340

LIABILITY AND INSURANCE 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 shall not, waive any rights that it may have against Contractor, any of the Contractor’s employees, or any of its subcontractors under this Section because of the acceptance by the City and CVWD District, or the deposit with the City and CVWD District, of any insurance policy or certificate, required pursuant to this Contract. The hold harmless, indemnification, and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost , or expense described herein. The City will 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 under 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 prosecution 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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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Liability & Insurance Requirements 1340-2

2.2 Commercial General Liability Policy

The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than Two Million Dollars ($ 2,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar ($2,000,000) 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).

2.3 Commercial Business Auto Policy

The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than Two Million Dollars ($ 2,000,000) combined single limit for bodily injury and property damage, providing 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 shall have said coverage provided for under the Commercial General Liability Policy.

c. Deductible shall not exceed One Thousand Dollars ($1,000).

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) Employers' Liability (Coverage B).

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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

Liability & Insurance Requirements 1340-3

2.5 Endorsements

All of the following endorsements are required to be made 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 insofar as Work done under this Contract is concerned."

b. "This policy shall be considered primary insurance 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 insured, and additional insured, as though a separate policy had been written for each. 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 obligated to pay any extra premium for maintaining the insurance requirements specified herein.

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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary) Certification for Contracts, Grants, Loans, and Cooperative Agreements 1350-1

44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

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1. Equal Employment Opportunity
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of s uch other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a

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State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The City agrees that it will assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2. Compliance with Contract Work Hours and Safety Standards Act (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the U nited States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Th e prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

3. Clean Air Act
The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

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The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

4. Federal Water Pollution Control Act
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

5. Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

This certification is a material representation of fact relied upon by City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.

6. Procurement of Recovered Materials
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired—

1. Competitively within a timeframe providing for compliance with the contract performance schedule;

2. Meeting contract performance requirements; or

3. At a reasonable price.

Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”

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7. Access to Records
The Contractor agrees to provide City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

In compliance with the Disaster Recovery Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

8. DHS Seal, Logo, and Flags
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

9. Compliance with Federal Law, Regulations, and Executive Orders This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.

10. No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non - Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

11. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

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Attachment: 1300 Series- Contract + Insurance - Stice Company Inc (3915 : Award Contract for Soil Removal due toTropical Storm Hilary)

CITY COUNCIL

MINUTES

Study Session
Wednesday, September 13, 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
There were no changes to the agenda.

1. PUBLIC COMMENT
Alan Carvalho, Cathedral City resident, thanked the City for their efforts related to Tropical Storm Hilary.

Martha Vistica, Cathedral City resident, expressed her concern with illegal food vendors in the City and feels all codes should be enforced.

2. STUDY SESSION
A. Presentation on Local Agency Formation Commission (LAFCO) Annexation Process
Recommendation: This is a presentation only. There is no formal action required.

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Gary Thompson, Executive Officer, Riverside County Local Agency Formation Commission (LAFCO), provided a presentation on the process of annexation.

The following points were presented:

• General LAFCO Policy Provisions
• Steps Prior to Annexation Application
• Initiating Annexation
• Annexation SOI Application
• Plan of Services
• Fiscal Impact Analysis
• Boundary Map and Legal Description
• Property Tax Exchange Resolutions
• California Environmental Quality Act (CEQA)
• LAFCO Staff/Executive Officer's Report and Recommendation • Commission Hearing and Decision
• Protest (Conducting Authority Hearing) Provisions
• Annexation Subject to a Public Vote
• Certification of Completion (CoC)
• Special Circumstances

The City Council asked clarifying questions, which Mr. Thompson responded to.

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

B. Sidewalk Vendor Ordinance Update
Recommendation: This item is presented for information, discussion and direction only.

Sandra Molina, Deputy Director of Development Services, provided an update on the proposed Sidewalk Vendor Ordinance. The following points were presented:

• Applicability
• Senate Bill 946 and 972
• Operational Requirement and Prohibitions
• Removal or Seizure of Product/Equipment
• Fines
• Enforcement Approach
• Complaint Data 2/25/2023 to 8/5/2023
• Licensing Campaign

Sunshine Herrera, Cathedral City resident, stated that the City declared Cathedral City a Sanctuary City. The Cities of Indio, La Quinta, Indian Wells and Palm Desert don't have a problem with illegal sidewalk vending . The City of Palm Springs and Cathedral City, the two sanctuary cities, are having problems with illegal sidewalk vendors. She stated that most of the people doing the vending illegally can't afford to pay a fine and would love to sue a City for taking their belongings. She feels they should consider all this when discussing this matter.

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Martha Vistica, Cathedral City resident, feels this issue is related to human trafficking and recommends the Council watch the KESQ expose on Human Trafficking. She expressed her concern with the potential health issues that go along with sidewalk vending. She feels her health and welfare are jeopardized with the sanitation issue being created by illegal sidewalk vendors.

The City Council provided their feedback and asked clarifying questions, which were responded to by staff and legal counsel.

City Attorney Eric Vail provided a brief overview of the legal parameters related to enforcement of street vendors. He asked for Council's direction on how to proceed.

City Manager McClendon and Assistant City Manager Ambrose discussed the practicality of enfo rcement in relation to staff resources and limitations due to current state laws.

This item was for information and direction only, there was no formal action taken by the City Council. Staff will work with legal counsel to develop an enforcement plan based on the discussion heard this evening.

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

A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of Matters: One (1)
B. THREAT TO PUBLIC SERVICES AND FACILITIES
Pursuant to Government Code section 54957
Consultation with: Fire Chief and Police Chief

The City Council adjourned to Closed Session at 4:50 p.m.

City Attorney Eric Vail reported out of Closed Session during the Regular City Council meeting and is reflected in the minutes of September 13, 2023.

ADJOURN
The City Council adjourned to Closed Session at 4:50 p.m.

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

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CITY COUNCIL

MINUTES

Regular Meeting
Wednesday, September 13, 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 Raymond Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION)
Councilmember Ross offered the 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. LOCAL EMERGENCY ITEMS
A. Update on Emergency Actions Related to Tropical Storm Hilary Recommendation: Update on Status of Emergency Proclamation, Resolution 2023-29.

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

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Possible consideration of additional measures to be
taken. Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by
majority vote.

City staff provided a comprehensive presentation of emergency actions related to Tropical Storm Hilary. The following points were presented:

• The Situation- Tropical Storm Hilary
• Emergency Management Cycle
• Department Preparedness
• Communications and Media Coverage
• Timeline of Events and Response- Aug. 17, 2023 through Sep. 8, 2023 • Recognition of Individuals and City Staff
• Community Resources

Rick Saldivar thanked individuals, organizations and businesses that came together to help the Horizon neighborhood, which was most affected by Tropical Storm Hilary.

Chip Yarborough, Panorama resident, expressed his concern with the lack of hero pay for firefighters, the lack of communication to the residents in preparation for the storm and the municipal code related to disaster protocol.

Jerry Meza, Horizon Road resident, described his experience during and after Tropical Storm Hilary and expressed his concern with the services and responses provided by the City.

John Hawkins, Horizon Road resident, expressed his concern with the services and responses provided by the City during and after Tropical Storm Hilary.

Karina Perez, Horizon Road resident, described her experience during and after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Richard Ravanello, Horizon Road resident, described his experience during and after Tropical Storm Hilary. He discussed the community volunteers that have provided assistance to the residents. He feels there can be a better structure in place and questioned who is going to stand up and help the community.

Arcelia Mendiola, Horizon Road resident, described her experience during and after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Elianna Mendiola, Horizon Road resident, describe her experience during and after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Ronnie Mendiola, Horizon Road resident, described his experience during and

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after Tropical Storm Hilary and expressed his concern with the services and responses provided by the City.

Beatriz Toledo, Horizon Road resident, described her experience during and after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Andrew Velasquez, Horizon Road resident, described his experience during and after Tropical Storm Hilary and expressed his concern with the services and responses provided by the City.

The City Council recessed at 7:44 p.m.

The City Council reconvened 7:51 p.m.

Somu Desai, Owner Desert Promotions, indicated that his business was heavily impacted by Tropical Storm Hilary. He inquired what the City plans to do to prevent future flooding and the removal of the dirt from the area. He inquired if the City will offer any resources for small businesses that were impacted by the storm.

Margaret Gutierrez, Thousand Palms resident, provided her background and experience. She expressed her concern with the services and responses provided by the City in relation to Tropical Storm Hilary.

Silvia Hernandez, Horizon Road resident, described her experience during and after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Ramiyah Toledo, Horizon Road resident, described her experience during and after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Curtis Toledo, Horizon Road resident, described his experience during and after Tropical Storm Hilary. He wants to know where the resources are for him and his family because they deserve to be in a home like everyone else.

Analisa Cayabyab, Horizon Road resident, described her experience during and after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Julie Burgess, Horizon Road resident, described her experience during and after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Chunmez Xu, Horizon Road resi dent, described her experience during and after Tropical Storm Hilary. She inquired about what is the City's responsibility and if there are plans for flood control in the future.

Michael Sereno, Horizon Road resident, described his experience during and

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after Tropical Storm Hilary and expressed his concern with the services and responses provided by the City.

Dawn Figueroa, Horizon Road resident, described her experience during and after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Brian Jay Jacobson, Horizon Road resident, expressed his concern with the services and responses provided by the City related to Tropical Storm Hilary. He urged the City to help.

Marlyn Reddy, Horizon Road resident, described her experience after Tropical Storm Hilary and expressed her concern with the services and responses provided by the City.

Terry Applegate, urged the City to work on a better process and structure related to disaster situations and response.

B. Authorize Emergency Funding for Cleanup, Repairs and Emergency Protective Measures Resulting from the August 20, 2023 Tropical Storm Hilary Damages.

Recommendation: To authorize the City Manager to execute task orders/purchase orders/contracts in the amount of
$1,062,000 for the Phase I Emergency Response Work for
Debris Removal (Cleanup) and Emergency Protective
Measures resulting from the August 20, 2023 Tropical Storm Hilary impacts; and, approve a General Fund appropriation in the amount of $1,062,000 to fund this initial Phase I Emergency Response Work.

M.O. 2023-139

A motion was made by Councilmember Gregory and seconded by Councilmember Ross to authorize the City Manager to execute task orders/purchase orders/contracts in the amount of $1,062,000 for the Phase I Emergency Response Work for Debris Removal (Cleanup) and Emergency Protective Measures resulting from the August 20, 2023 Tropical Storm Hilary impacts; and, approve a General Fund appropriation in the amount of $1,062,000 to fund this initial Phase I Emergency Response Work.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez

2. PUBLIC COMMENT
Shane Massoud, Southern California Edison Representative Government Relations Manager, introduced himself to the City Council. He indicated that he looks forward to working with the City.

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Dorian Whitney, Cathedral City resident, expressed his concern with developing certain areas of the City, which he feels causes climate effects like Tropical Storm Hilary. He also expressed his concern with the lack of green infrastructure in the City.

3. COUNCIL REPORTS
There were no Council reports.

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

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
A. Waive Full Reading of Ordinances on Agenda
M.O. 2023-140
B. Minutes Approval
M.O. 2023-141

1. City Council - Study Session - Aug 23, 2023 3:00 PM

2. City Council - Regular Meeting - Aug 23, 2023 5:30 PM C. Receive and File Payment of Claims and Demands for August 2023 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency, and the Cathedral City
Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of
$12,082,993.34 for the month of August 2023.

M.O. 2023-142
D. Rejection of Proposals for Professional Labor Compliance Monitoring and Enforcement Services for the Dream Homes Park Project Recommendation: To reject the one (1) proposal received for Professional Labor Compliance Monitoring and Enforcement Services for the Dream Homes Park Project; and, authorize the City
Engineer to re-advertise the Request for
Qualifications/Proposals for the before mentioned services.

M.O. 2023-143
E. Accept GPS Tourism Grant by the Greater Palm Springs Tourism Foundation in the Amount of $29,926

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Recommendation: To approve and accept the $29,926 GPS Tourism Grant by the Greater Palm Springs Tourism Foundation.

M.O. 2023-144
F. Special Use Permit 23-007 for the Cathedral City High School Homecoming Parade Scheduled to be held on September 28, 2023 Recommendation: To approve Special Use Permit 23-007 for the Cathedral City High School Homecoming Parade on Sept. 28, 2023,
and waive the application fee.

M.O. 2023-145
G. Approve the FY 2022-2023 Community Development Block Grant (CDBG) Consolidated Annual Performance Evaluation Report (CAPER) for Submittal to the U.S. Department of Housing and Urban Development (HUD)
Recommendation: To approve the City's Community Development Block Grant (CDBG) FY 2022-2023 Consolidated Annual Performance
Evaluation Report (CAPER) for submittal to the U.S.

Department of Housing and Urban Development (HUD).

M.O. 2023-146

5. ITEMS PULLED FROM CONSENT

6. PUBLIC HEARINGS

7. LEGISLATIVE ACTIONS
A. Fiscal Year (FY) 2023/2024 Operating Budget Adjustments Recommendation: To approve Fiscal Year (FY) 2023/2024 Operating/Non- Personnel Budget Adjustments
M.O. 2023-147

A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to approve Fiscal Year (FY) 2023/2024 Operating/Non-Personnel Budget Adjustments
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez

8. DISCUSSION ON FUTURE AGENDA ITEMS
City Manager Charles McClendon stated that the City is working with the County Supervisor's Office, the Coachella Valley Water District, and the Flood Control District to discuss the concerns related to flood control to develop a plan for the future.

9. CLOSED SESSION

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City Attorney Eric Vail announced that the City Council met in Closed Session during the Study Session meeting of September 13, 2023, there was no reportable action taken.

ADJOURN
Mayor Rita Lamb adjourned the meeting at 8:57 p.m.

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

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Staff Report

City Council

Item No. 4.C

Meeting Date: September 27, 2023
From: Eugenia Torres, Human Resources Manager
Title: Approve an Amendment to the CCPFA Memorandum of
Understanding

City Council

RECOMMENDATION:

To approve an Amendment to the Memorandum of Understanding between the City of Cathedral City and Cathedral City Professional Firefighters Association (CCPFA).

BACKGROUND:

On August 9, 2023 , the City Council approved the Memorandum of Understanding (MOU) between the City of Cathedral City and the C athedral City P rofessional Firefighters Association (CCPFA) for the term of 01/01/2023 -12/31/2025. Upon review, the parties identified corrections that needed to be made to reflect the parties’ agreement.

DISCUSSION:

I. Remove the word “allow” in 6.10.

II. For 10.4: Change language to Human Resources Manager to mirror CCFMA’s process.

III. Incorporate side letter scenarios into the MOU re holiday chart

IV. For 17.1.2, Add in Sections a and b below and as follows:

a) The minimum employer contribution amount for the 2023 calendar year is $151.00.

b) The minimum employer contribution amount for the 2024 calendar year will be the amount established by CalPERS

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FISCAL IMPACT:

None

ATTACHMENTS:

Cathedral City- CCPFA 01.01.23-12.31.25 rev. 09.2023

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City of Cathedral City

MEMORANDUM OF

UNDERSTANDING

CATHEDRAL CITY PROFESSIONAL

FIREFIGHTERS ASSOCIATION
(CCPFA)
JANUARY 1, 2023 –DECEMBER 31, 2025

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Table of Contents
ARTICLE 1: SEVERABILITY ............................................................................................................................. 5 ARTICLE 1.1: MAINTENANCE OF MEMBERSHIP ............................................................................................ 6 ARTICLE 2: STRIKES AND/OR JOB ACTIONS ................................................................................................... 6 ARTICLE 3: TERM ........................................................................................................................................... 6 ARTICLE 4: SALARY INCREASES...................................................................................................................... 6

4.1 Salary Increase. ............................................................................................................................. 6 ARTICLE 5: WORK PERIOD AND WORK SCHEDULE ....................................................................................... 7

5.1 Work Period. ................................................................................................................................. 7

5.2 Work Schedule .............................................................................................................................. 7 ARTICLE 6: GENERAL PROVISIONS ................................................................................................................ 7

6.1 Equal Employment Opportunity ................................................................................................... 7

6.2 Safety and Health ......................................................................................................................... 7

6.3 Employee Activities ...................................................................................................................... 7

6.4 Inconsistent Employee Activities .................................................................................................. 8

6.5 Improper Use of City Equipment Prohibited. ............................................................................... 8

6.6 Political Activity. ........................................................................................................................... 8

6.7 Criminal Conviction - Ineligibility for Employment ....................................................................... 8

6.8 Smoking ........................................................................................................................................ 9

6.9 Shift Trades. .................................................................................................................................. 9

6.10 Organized Mess. ......................................................................................................................... 10 ARTICLE 7: MANAGEMENT RIGHTS ............................................................................................................. 10

7.1 Exclusive Control of Certain Aspects. ......................................................................................... 10

7.2 Not Subject to Grievance Procedure .......................................................................................... 11 ARTICLE 8: COMPENSATION ....................................................................................................................... 11

8.1 Salary Advancement - Full-time Employees. .............................................................................. 11

8.2 Salary on Promotion. .................................................................................................................. 12

8.3 Salary on Demotion. ................................................................................................................... 12

8.4 Salary on Reinstatement. ........................................................................................................... 12

8.5 Special Salary Adjustments. ........................................................................................................ 12

8.6 Overtime. .................................................................................................................................... 12

8.7 Payment of Overtime ................................................................................................................. 13

8.8 Other Compensatory Time Off. .................................................................................................. 13

8.9 Compensation for Temporary Assignment to Higher Classification. ......................................... 13

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8.10 Compensation for Layoff. ........................................................................................................... 13

8.11 Compensation during Suspension. ............................................................................................. 14

8.12 Salary on Voluntary Demotion. .................................................................................................. 14

8.13 Bilingual Pay. ............................................................................................................................... 14

8.14 Compensation for Vehicle Use. .................................................................................................. 15

8.15 Correcting Errors in Salary Rate and Other Provisions. .............................................................. 15

8.16 Paramedic Assignment Differential. ........................................................................................... 15

8.17 D.M.V. Instructor Differential. .................................................................................................... 15 ARTICLE 9: RECRUITMENT AND SELECTION ................................................................................................ 15

9.1 Physical Requirements................................................................................................................ 15

9.2 Separation. .................................................................................................................................. 16 ARTICLE 10: PROBATION ............................................................................................................................. 16

10.1 Firefighting Employees. .............................................................................................................. 16

10.2 Probation on Promotion or Reinstatement. ............................................................................... 16

10.3 Objective of Probationary Period. .............................................................................................. 16

10.4 Satisfactory Completion of Probation Period. ............................................................................ 16

10.5 Unsuccessful Probation Period. .................................................................................................. 17

10.6 Unsuccessful Reinstatement of Promotion Probation. .............................................................. 17

10.7 Probation Following Layoff. ........................................................................................................ 17

10.8 Voluntary Probation. .................................................................................................................. 17

10.9 Live within City Limits. ................................................................................................................ 17 ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES ........................................................................................... 17

11.1 Purpose of Layoffs. ..................................................................................................................... 17

11.2 Abolishment of Position(s). ........................................................................................................ 17

11.3 Notification of Layoff. ................................................................................................................. 18

11.4 Order of Layoff. ........................................................................................................................... 18

11.5 Layoff Appeal. ............................................................................................................................. 19 ARTICLE 12: CONDUCT AND DISCIPLINE ..................................................................................................... 19

12.1 Standards of Conduct. ................................................................................................................ 19

12.2 Improper Employee Conduct...................................................................................................... 19

12.3 Disciplinary Action. ..................................................................................................................... 21

12.4 Hearings, Appeals and Grievances. ............................................................................................ 23 ARTICLE 13: ATTENDANCE AND LEAVES ..................................................................................................... 25

13.1 Attendance at Work; Absence without Leave. ........................................................................... 25

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13.2 Hours of Work............................................................................................................................. 25

13.3 Leave of Absence. ....................................................................................................................... 26

13.4 Vacation Leave. ........................................................................................................................... 26

13.5 Holiday Pay ................................................................................................................................. 28

13.6 Jury Duty. .................................................................................................................................... 29

13.7 Bereavement Leave. ................................................................................................................... 29

13.8 Sick Leave. ................................................................................................................................... 29

13.9 Sick Leave; Limit on Accrual; Payoff. .......................................................................................... 30

13.10 Sick Leave Conversion. ................................................................................................................ 30

13.11 Effect of Absence on Sick Leave. ................................................................................................ 30

13.12 Family Illness Leave. ................................................................................................................... 30

13.13 Unauthorized Leave. ................................................................................................................... 31

13.14 Catastrophic Leave Donation. .................................................................................................... 31 ARTICLE 14: GRIEVANCE PROCEDURES ....................................................................................................... 32

14.1 Matters Subject to Grievance Procedures. ................................................................................. 32

14.2 Informal Grievance Procedure. .................................................................................................. 32

14.3 Formal Grievance Procedure. Step 1. ......................................................................................... 32

14.4 Appeal to the City Manager. Step 2............................................................................................ 33

14.5 Extension of Time Limitations. ................................................................................................... 33

14.6 The City and CCPFA agree to remove several articles from the MOU ....................................... 33 ARTICLE 15: EMPLOYEE REPORTS AND RECORDS ....................................................................................... 33

15.1 Personnel File. ............................................................................................................................ 33

15.2 Disclosure of Information. .......................................................................................................... 33 ARTICLE 16: EDUCATIONAL INCENTIVE ....................................................................................................... 34

16.1 Educational Incentives. ............................................................................................................... 34

16.2 Paramedic Recertification. ......................................................................................................... 34

16.3 Certificate and Degree Incentive. ............................................................................................... 34 ARTICLE 17: HEALTH BENEFITS .................................................................................................................. 34

17.1 Employee Health Benefits .......................................................................................................... 34

17.2 Retirement Health Benefits ........................................................................................................ 36 ARTICLE 18: FRINGE BENEFITS .................................................................................................................... 39

18.1. Public Employees’ Retirement System. ...................................................................................... 39

18.2 CalPERS Member Contributions ................................................................................................. 39

18.3 Uniform and Equipment Allowances .......................................................................................... 40

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18.4 Deferred Compensation. ............................................................................................................ 40

18.5 Short Term and Long Term Disability. ........................................................................................ 40

18.6 Training. ...................................................................................................................................... 40

18.7 PERS 1959 Plan Survivor Benefits ............................................................................................... 40

18.8 Wellness Benefit. ........................................................................................................................ 40

18.9 Life Insurance .............................................................................................................................. 40 ARTICLE 19: AGREEMENT ALL INCLUSIVE ................................................................................................... 41

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Memorandum of Understanding between the City of Cathedral City and the Cathedral City Professional Firefighters Association, (CCPFA) Relating to Firefighting Employees. (January 1, 2023, to December 31, 2025).

This Memorandum of Understanding is entered into with reference to the following facts:

A. The Cathedral City Firefighters Association is recognized under the provisions of the Meyers - Milias-Brown Act of the State of California as the majority representative of the following employees:

All sworn Firefighters, Firefighter/Paramedics and Fire Engineers of the City of Cathedral City below the rank of Captain.

B. The Cathedral City Professional Firefighters Association (hereinafter sometimes referred to as "CCPFA"), and representatives of the City of Cathedral City (hereinafter sometimes referred to as the "City"), have met and conferred in good faith on wages, hours, and other terms and conditions of employment for the employees represented by CCPFA in the bargaining unit listed above, and have reached agreements which are set forth in this Memorandum of Understanding (hereinafter sometimes referred to as the "MOU" or "Agreement").

C. This Memorandum of Understanding is established in accordance wi th the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), effective only upon ratification by the City Council of the City of Cathedral City.

Subject to the foregoing limitations, CCPFA and the City of Cathedral City agree as follows:

ARTICLE 1: SEVERABILITY

It is understood and agreed by the parties that this MOU is subject to all present and future applicable Federal and State laws and regulations, and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. The parties hereto have bargained with regards to some provisions which are covered by the Fair Labor Standards Act, and, to the extent that the Fair Labor Standards Act permits employers and employee groups to contract for modification of the procedures otherwise utilized under the Fair Labor Standards Act, and to the extent that such modification is authorized by Federal law, the parties intend that this contract shall take precedence over the provisions of the Fair Labor Standards Act. If any part of this Agreement is in conflict or is found to be inconsistent with such applicable provisions of State or Federal law or regulation, or otherwise found to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended, and the provisions of the applicable laws and regulations shall prevail; in such event, however, the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

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ARTICLE 1.1: MAINTENANCE OF MEMBERSHIP

The Association will maintain records of employee authorizations for dues deductions, and shall provide the City with information regarding the amount of dues deductions and the list of Association members who have authorized dues deductions. To the extent required by the Government Code, the City shall rely on the information provided by the CCPFA and deduct those authorized dues.

The employee’s earnings must be sufficient after other legal and required deductions are made to cover the amount of dues. When an employee is a non -pay status for an entire pay period, no deduction will be made to cover the pay period. In the case of an employee who is in a non -pay status during the part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this circumstance, all other legal and required deductions (including health care deductions) have priority over Association dues.

CCPFA agrees to enforce this provision and to indemnify and hold harmless the City, its officers and employees, from all liabilities and/or damages of any nature arising from the application of this section.

ARTICLE 2: STRIKES AND/OR JOB ACTIONS

CCPFA, on behalf of all of its members, agrees that neither CCPFA, nor its representatives, nor members of the CCPFA, shall engage in, cause, instigate, encourage, or condone a strike or job action of any kind during the term of this Agreement.

ARTICLE 3: TERM

The term of this Agreement shall be from January 1, 2023 through December 31, 2025. This agreement shall not be re-openable for any other purpose except by mutual agreement of the parties.

ARTICLE 4: SALARY INCREASES

4.1 Salary Increase. The City and CCPFA agree to the following schedule of salary increases to be effective with the start of the pay period following the designated dates:

A. 3.0% effective after ratification (retroactive to May 28, 2023) B. 3.0% effective following January 1, 2024
C. 3.0% effective following January1, 2025

Your new collective agreement salary increase for year one will apply retroactively to May 28, 2023. All other benefits will commence the following pay-period after ratification of the MOU, and/or as specified.

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ARTICLE 5: WORK PERIOD AND WORK SCHEDULE

5.1 Work Period. The work period for firefighters, under the Fair Labor Standards Act’s 7K exemption, is based on a cycle providing for consecutive work periods of twenty -four (24) days each.

5.2 Work Schedule . The work schedule for firefighters shall be a “48/96" schedule under which firefighters will work forty -eight (48) consecutive hours, followed by ninety -six (96) consecutive hours off from work.

ARTICLE 6: GENERAL PROVISIONS

6.1 Equal Employment Opportunity. Appointments and promotions of individuals shall be made on the basis of job related standards of education, training experience, merit and ability. No appointment to or removal from a position in the City's personnel system shall be affected or influenced by any consideration of race, color, ethnic or national origin, age, sex, marital status, handicap, sexual orientation, domestic partnership or political or religious opinion or affiliation, ancestry, or any other protected classification established by federal or California law.

6.2 Safety and Health . Each employee shall comply with the City's workplace safety policies, practices, rules and regulations. All employees shall follow safe practices, use personal protective equipment as required, render every possible aid to safe operations, and report all unsafe conditions or practices. Special equipment, if it is required, shall be provided by the City.

6.2.1 Intoxicating Substances . Employees shall avoid consuming or using any alcohol or intoxicating substances at least eight (8) hours prior to reporting to work and at any time during the work day including lunch or dinner breaks; and employees shall not have in their possession any alcohol or intoxicating substances , unlawful drugs or controlled substances during work, unless the possession of such substance is in the course of their duties. No employee shall be on duty while impaired.

6.2.2 Safety Equipment. Any safety equipment required by the City or by OSHA regulations shall be provided and replaced by the City; an employee will be responsible for replacement of equipment damaged through abuse.

6.3 Employee Activities. During the employee's workday, employee is expected to devote their full time in the performance of their assigned duties as a City employee. No employee shall engage in any outside employment, enterprise, or remunerated activity without the prior approval of their department head or appointing power. At no time shall any such outside employment or activity be conducted on City time. No employee shall engage in any employment, outside activity or enterprise which is inconsistent, incompatible, in conflict with, or interferes with their ability to perform the duties, functions or responsibilities of their position as a City employee, nor shall employee engage in any outside activity which will directly or indirectly contribute to the lessening of their effectiveness as a City employee. No employee shall engage in any type of activity relating to an employee organization during such time as employee is on duty, except as

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expressly permitted by the City Manager or designee, State and Federal laws, MOU, or Council resolution.

6.4 Inconsistent Employee Activities . In making a determination as to the consistency or inconsistency of outside activities, the department head or appointing power shall consider, among other pertinent factors, whether the activity:

a) Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course of their City employment as a part of their duties as a City employee; or b) Involves conditions or factors which would be incompatible or in conflict with the duties, functions or responsibilities of the employee in their regular City employment; or c) Involves the performance of an act in other than their capacity as a local agency officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which employee is employed; or
d) Involves such time demands as would render performance of their duties as a local agency officer or employee less efficient; or
e) Involves the use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or confidential information of one' s City office or employment; or
f) Involves the solicitation of future employment with a business having business transactions with the City over which the employee has some control or influence in their official capacity at the time of the transaction.

6.5 Improper Use of City Equipment Prohibited. No City -owned equipment, autos, trucks, instruments, tools, supplies, machines, badges, identification cards, or other items which are the property of the City shall be used by an employee for personal use except upon prior approval of the employee's department head or appointing power or designee duly authorized to give such approval.

6.6 Political Activity. Except as necessary to meet Federal, State and local law requirements, no restrictions shall be placed on the political activities of any officer or employee of the City of Cathedral City. All employees shall comply in full with the provisions of Government Code sections 3200-3209 regarding political activity.

6.7 Criminal Conviction - Ineligibility for Employment. Except as otherwise hereinafter provided, no person convicted of a felony, or of a misdemeanor involving moral turpitude, shall be eligible for employment in the service of the City; provided, however, that the City Manager may disregard such conviction, if employee finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of conviction, or the fact that the employee's work would be totally unaffected by the conviction.

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The City Manager and their authorized designees are hereby authorized to have access to the "State Summary Criminal History Information" as provided for in Section 11105 of the Penal Code of the State of California, in order to enable the City Manager to fulfill their duties in the employment, supervision and termination of City employees.

6.8 Smoking. City employees are encouraged not to smoke as it is a proven detriment to health, safety and productivity. Smoking is not allowed in City buildings; employees must smoke out-of- doors.

6.9 Shift Trades. City and employees of CCPFA agree to unlimited shift trades, when approved by the fire chief, effective upon ratification . In addition, City and employees of CCPFA agree to comply with all requirements of FLSA section 7(p)(3) and regulation section 29 CFR section 553.31 as follows:

1. FLSA provision : 29 USC section 207(p)(3):

(p) Special detail work for fire protection and law enforcement employees; occasional or sporadic employment; substitution (3) If an individual who is employed in any capacity by a public agency which is a State, political subdivision of a State, or an interstate governmental agency, agrees, with the approval of the public agency and solely at the option of such individual, to substitute during scheduled work hours for another individual who is employed by such agency in the same capacity, the hours such employee worked as a substitute shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section.

The US Dept. of Labor regulation, 29 CFR section 553.31:

Sec. 553.31 Substitution--section 7(p) (3).

b) The provisions of section 7(p)(3) apply only if employees' decisions to substitute for one another are made freely and without coercion, direct or implied. An employer may suggest that an employee substitute or “trade time” with another employee working in the same capacity during regularly scheduled hours, but each employee must be free to refuse to perform such work without sanction and without being required to explain or justify the decision. An employee's decision to substitute will be considered to have been made at their sole option when it has been made (i) without fear of reprisal or promise of reward by the employer, and (ii) exclusively for the employee's own convenience.

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c) A public agency which employs individuals who substitu te or “trade time” under this subsection is not required to keep a record of the hours of the substitute work. In order to qualify under section 7(p)(3), an agreement between individuals employed by a public agency to substitute for one another at their own option must be approved by the Fire Chief. This requires that the agency be aware of the arrangement prior to the work being done, i.e., the employer must know what work is being done, by whom it is being done, and where and when it is being done. Approval is manifest when the employer is aware of the substitution and indicates approval in whatever manner is customary.

6.10 Organized Mess. All members assigned to a fire station shall participate in an organized mess for the consumption of meals while on duty. Participation shall be at a charge equal to the value of the meal irrespective of whether the employee chooses to eat the meal. Members may be exempted for medical, religious or weight reduction reasons. Otherwise, p articipation is mandatory.

The City shall not be responsible financially or otherwise for the cost, preparation thereof or the collection of any funds of an organized mess. The City shall not be responsible for maintaining any records or providing administration regarding this provision.

ARTICLE 7: MANAGEMENT RIGHTS

7.1 Exclusive Control of Certain Aspects. The City of Cathedral City retains all its exclusive rights and authority under State law to act unilaterally and without the obligation to meet and confer, subject to impact bargaining, and expressly and exclusively retains its management rights, which include, but are not limited to:

a. the exclusive right to determine the mission of its constituent departments, commissions, boards;
b. set standards and levels of service;
c. determine the procedures and standards of selection for employment and promotions; d. direct its employees;
e. establish and enforce dress and grooming standards;
f. determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
g. maintain the efficiency of governmental operations;
h. determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
i. determine to create or abolish job classifications and to determine the content and intent of job classifications, subject to impact bargaining;
j. determine methods of financing;
k. determine style and/or types of City-issued wearing apparel, equipment or technology to be used;
l. determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted;

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m. determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; n. assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
o. establish and modify productivity and performance programs and standards; p. discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline employees in accordance with applicable law; q. establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and
r. exercise complete control and discretion over its organization and the technology of performing its work.

7.2 Not Subject to Grievance Procedure . The exercise by the City through its Council and management representatives of its management rights as set forth above shall not in any way, directly or indirectly, be subject to the grievance procedure.

ARTICLE 8: COMPENSATION

8.1 Salary Advancement - Full-time Employees. Except as otherwise provided in this Article, full - time employees may be considered for an increase in salary according to the following rules:

a) Advancement to a next higher merit increase step may be made after a twelve (12) month interval from the hire date or the date of the last merit increase, whichever is most recent, for continued overall satisfactory service.
b) Advancement to the next higher merit increase step shall not be automatic. Such salary increase or denial of salary increase shall require the specific recommendation, through a performance evaluation, of the employee's department head and the approval of the Human Resources Manager. When an employee is denied an increase, specific recommendations shall be provided to assist the employee to attain a n overall satisfactory level of performance. Periodic (at least quarterly) performance evaluations, shall be provided until an overall satisfactory performance is attained. c) Advancement to merit step s 6, 7 and 8 may occur after two (2) years of overall satisfactory service in the next preceding step in the respective salary range. Any such advancement shall be granted only as a result of a written evaluation of continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of their position.
d) For employees hired prior to January 7, 2015, a longevity increase of 7.5% of base pay shall occur after fifteen (15) years of service to the City, 5% after twenty (20) years of service, and

2.5% after twenty-five (25) years of service. Employees hired on or after January 7, 2015 are not eligible for the longevity provisions described in this section.

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8.2 Salary on Promotion. Any employee who is promoted to an open position in a class with a higher salary range shall be placed on Step A in the new higher range or placed at the step which provides at least a minimum 5% salary increase for the employee, not to exceed the highest merit increase step of the new range. The employee's merit review date shall change to the effective date of the promotion for consideration in subsequent years.

When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for promotion indicate that a higher merit increase step would be in the City's best interests, upon written recommendation of the department head, the City Manager may authorize payment of salary at a higher merit increase step in the salary range.

8.3 Salary on Demotion. Any employee who is demoted may be placed at a lower step, or may be placed at a step in a lower range or may be placed at step "Y" which is equal to the employee's current salary step. The employee's merit review date shall not change.

An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is assigned to a salary range in which the last step is equivalent to or higher than the Step "Y", at which time the employee shall be placed in the next highest step. Such employee shall not receive salary adjustments until such time as Step "Y" is equivalent to or less than the highest merit increase step of the salary range of the employee's position.

8.4 Salary on Reinstatement. An employee who resigned in good standing may, within one (1) year of such resignation and upon recommendation of the department head and approval of the City Manager, be reinstated in a position in the class in which the employee had previously served, subject to an available budgeted position. Upon such reinstatement, the employee shall not receive a salary higher than the step in the salary range the employee previously received prior to the employee's separation. The employee shall be given a new merit review date, as if a new hire.

8.5 Special Salary Adjustments. A department head may recommend in writing to raising an employee's salary step to a higher merit increase step prior to the eligibility times specified in this article so as to recognize meritorious service, advanced educational achievements or other extraordinary attributes related to the employee's public service. Such increased compensation is subject to the approval of the City Manager and the availability of budgeted funds. The employee's merit review date shall not change.

8.6 Overtime. A department head may require an employee to work beyond the employee's regular hours of employment. As a 24 -hour employee, a regular schedule includes eight (8) 24 -hour shifts during a 24 -day work cycle for a total of 192 hours. Of the 192 hours, 10 hours shall be paid at the overtime rate of pay. If an employee works in excess of 192 hours during the 24 -day work cycle, such employee shall be paid the overtime rate of pay.

For the purpose of calculating overtime pay, all hours are to be considered “hours worked” with the exception of sick leave, banked holiday hours and floating holiday hours, for hours in excess of a regular schedule.

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8.7 Payment of Overtime . All overtime hours worked during the standard 14 -day pay period shall be paid at straight time on the regular biweekly pay schedule. Upon completion of the 24 -day work
cycle, the balance of payment for overtime worked during that cycle shall be paid as “true-up” subject to sick leave provisions defined in Article 8.6.

8.8 Other Compensatory Time Off. The City Manager may grant compensatory time off to any City employee in unique situations where actions of the employee, over and above the call of duty, clearly merit such consideration.

8.9 Compensation for Temporary Assignment to Higher Classification . An employee shall receive adjusted compensation of five percent (5%) of their base rate of salary for working in an assignment in a higher classification. Working at a higher classification shall mean that the employee is performing a significant part of the duties of a position in a higher salary range.

Employees will begin to receive the adjusted compensation on the first day they work in a higher classification.

Employees may not be assigned to work in a higher classification for longer than six (6) months.

An extension of this time may be approved in writing with the concurrence of the Fire Chief and the Human Resources Manager for up to an additional six (6) months, for a total term of twelve (12) months. However, when an appointment is made under this section due to a position that is vacant and is scheduled to be filled following the completion of a recruitment process, the temporary out-of-class assignment is limited to 960 hours in a fiscal year.

Employees who are assigned to work in a higher classification under this section will be notified that this placement is temporary, and that after the assignment, they will be returned to their regular position. At the end of the term of assignment to a higher classification, the employee will be returned to the rate of pay in the classification and step they would have achieved if they were never assigned to the out of class position.

The parties agree that, to the extent permitted by law (2 CCR section 571), compensation for working at a higher assignment shall be reported to CalPERS as a special compensation for Classic CalPERS members.

Compensation for temporary assignment to a higher classification does not extend cash outs.

8.10 Compensation for Layoff. An employee who is terminated from the classified service of the City as a result of a layoff shall be paid for accrued vacation and accrued overtime.

Accrued sick leave shall be restored to an employee if the employee is reemployed within one (1) year. Should an employee be reemployed in the formerly held position, the employee shall be placed at the same salary step as when the layoff occurred. No credit shall be received toward a step increase or seniority during the period of layoff.

Employees who have attained regular status at the time of layoff and who are reemployed within a period of one (1) year shall retain their assigned merit review dates. Regular employees who are reemployed after a period of one (1) year will be assigned a new merit review date.

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For employees hired on or after November 25, 2012, in lieu of the ability to convert sick leave to vacation leave, the City shall provide severance pay equivalent to one (1) week base salary for every one (1) year of service with the City up to a maximum of twelve (12) weeks of severance pay. No severance will be paid to those employees offered employment resulting from government reorganization. For example, should the City choose to participate in a Fire District, Joint Powers Authority, or offer services by any other means whereby the City facilitates the continued employment of existing employees, no severance will be paid.

8.11 Compensation during Suspension. An employee who is suspended with pay under the disciplinary procedures of Article 12shall be paid that salary the employee was entitled to prior to the suspension. An employee who is suspended without pay under the disciplinary procedures of Article 12 shall not be paid for those specific days of suspension. Additionally, an employee suspended without pay shall not accrue sick leave, vacation, seniority or other benefits during a suspension of more than nine (9) shifts, except that health and life insurance benefits will be maintained.

8.12 Salary on Voluntary Demotion. At the discretion of the City Manager, any employee who elects to take a voluntary demotion may be placed at a lower step, or may be placed at a step in a lower range or may be placed at Step "Y" which is equal to the employee's current salary step.

The employee's merit review date shall not change.

An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is assigned to a salary range in which the highest merit increase step is equivalent to or higher than the Step "Y" at which time the employee shall be placed in the next higher merit increase step. Such employee shall not receive salary adjustments until such time as Step "Y" is equivalent to or less than the highest step of the salary range of the employee's position.

8.13 Bilingual Pay. Employees who have the ability to fluently converse in a second language may be designated as a bilingual employee required to use their skills as a part of their City employment. This designation must be made by the Fire Chief or designee and approved by the City Manager or designee in writing. Designated employees shall receive a lump sum payment in the amount of $110.00 per pay period.

Eligible employees must successfully complete an initial assessment to receive such designation.

Employees on protected leave and where the City would be legally required to maintain status quo will maintain their bilingual pay for the duration of the protection.

Employees on non -protected leave in excess of 30 consecutive calendar days shall be deemed not to be using their bilingual skills on a regular basis and shall be ineligible to receive bilingual pay until the employee returns to duty. The parties agree that to the extent permitted by law (2 CCR section 571 and 2 CCR section 571.1) bilingual pay shall be reported to CalPERS as special compensation or pensionable compensation.

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8.14 Compensation for Vehicle Use. An employee shall be compensated for use of the employee's personal vehicle on City business under rules set forth by the City Manager and at the rate set by City Council resolution.

8.15 Correcting Errors in Salary Rate and Other Provisions . Should an employee be advanced to a higher step in the salary range for their class than that for which employee was recommended, or receive additional salary than that authorized, or accrue leaves or receive other benefits through error, such error shall be corrected immediately following its discovery. Reimbursement to the City by the employee of the overpayment caused by said error shall be made by one of the following methods or a combination thereof:

a) Application of accrued equivalent time off for overtime service; b) Application of equivalent time off for overtime service earned during the time immediately following the date of the discovery of said error;
c) Application of the increase in the employee's salary following their next merit or longevity merit salary increase; or
d) Any other method mutually agreed to.

Determination of which one or combination of the above methods of reimbursement should be used shall be made by the department head subject to the approval of the City Manager. Should the employee terminate before full reimbursement to the City has been made the money required to complete reimbursement shall be deducted from their last paycheck, if authorized by law. However, the City shall not collect for any period earlier than an overpayment for the preceding twelve (12) months from discovery. Other salary overpayments shall be reimbursable under the procedures and guidelines set forth in this Section.

8.16 Paramedic Assignment Differential. Any engineer who is fully qualified and licensed as a paramedic shall be paid 5% of the applicable engineer pay range to which the employee is entitled when actually assigned to serve as a paramedic.

8.17 D.M.V. Instructor Differential. Firefighter, firefighter/paramedic or engineer who is certified by the California Department of Motor Vehicles to provide class A and/or B driver’s license instruction and is directed to provide such instruction to other City employees shall receive a five percent (5%) stipend during the period of time employee is assigned to provide such instruction.

ARTICLE 9: RECRUITMENT AND SELECTION

9.1 Physical Requirements. The City Manager may require that all applicants and employees be in such physical and mental condition as reasonably necessary to perform the essential duties of their job, with or without reasonable accommodation, and may require a medical or psychological evaluation at City's expense at any time on a showing of good cause. No employee shall hold any position in a classification in which employee cannot physically or mentally perform all the essential duties of the job adequately or without creating unreasonable risk of injury to themselves or others with or without reasonable accommodation. Within the

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limitations indicated, the City's policy shall be to make such efforts as are consistent with the provisions of this Agreement to place physically or mentally disabled employees in such positions as are available in the City service for which they are qualified to perform the essential functions, with or without reasonable accommodation, and will not create unreasonable risk to the health and safety of themselves and others.

9.2 Separation. An employee in the classified service may be separated from employment with the City through retirement, mental or physical inability to perform the duties of the job, resignation, probationary failure, death, dismissal or layoff. An employee wishing to resign shall file with the employee's supervisor a written resignation stating the effective date. Such resignation shall be presented at least two (2) weeks before leaving the service. The resignation shall be immediately reported to the Human Resources Manager. The other forms of separation described above are explained elsewhere in this MOU. Prior to separation, an employee must return all City items issued to them in order to receive final compensation, failing which the City may withhold from final compensation, to the extent permitted by law, the reasonable value of unreturned property.

ARTICLE 10: PROBATION

10.1 Firefighting Employees. The first eighteen (18) months or 4200 working hours, whichever is greater, after a classified service full-time employee has been appointed shall be a probationary period. For Fire Engineer , an employee serves a probationary period of one (1) year or 2400 working hours, whichever is greater.

10.2 Probation on Promotion or Reinstatement. Except as otherwise provided, on accepting a reinstatement or an appointment to a different classification, an employee serves a new probationary period -based on provisions of Article 10.1 for their job classification. Promotions or reinstatements will not be permanent until the successful completion of this probationary period.

10.3 Objective of Probationary Period. The work and conduct of probationary employees shall be subject to close scrutiny and evaluation. The probationary period shall be regarded as a part of the training and examination process and shall be used for securing the most effective adjustment of a new employee to a position. Individuals employed under City public employment programs, specially funded programs or contracts shall be subject to the probationary provisions of these Rules should they be appointed to a position in the classified service. A probationary employee may be released at any time at the discretion of the City.

10.4 Satisfactory Completion of Probation Period. If a probationary employee's probation period has been satisfactory, and advancement to regular status is warranted, the department head shall so recommend with a performance evaluation submitted to the Human Resources Manager.

The Human Resources M anager, upon receipt, shall ensure that the employee meets the requirements to successfully pass probation as set forth in the MOU (e.g. completing 12 months or 2912 hours worked, whichever is greater). The employee shall then be advanced to regular status.

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10.5 Unsuccessful Probation Period. If a probationary employee's initial probation period has not been satisfactory, it shall be so stated in a Personnel Action Form. The City Manager, by signing the Personnel Action Form, may authorize the dismissal of the employee. A probationary employee may be dismissed at any time without cause and without the right of appeal or grievance unless
otherwise required by law. Notification of dismissal shall be in writing and shall be given to the probationary employee prior to the dismissal unless otherwise required by law.

10.6 Unsuccessful Reinstatement of Promotion Probation. If an employee's performance following reinstatement or promotion has not been satisfactory, it shall be so stated in a performance evaluation. In cases involving reinstatement, the City Manager, upon receipt of a performance evaluation, may authorize the dismissal of the employee under the provisions of Section 11. In cases including unsuccessful probation, the employee shall be returned to their prior position provided the position is vacant. If no vacancy exists in the employee's prior position, the employee will be returned to the first available vacant position for which employee is qualified.

10.7 Probation Following Layoff. Employees laid off while on probation must serve a new probationary period following reemployment. (See Article 10.2.)

10.8 Voluntary Probation. By mutual written agreement between the City and the employee, approved by CCPFA in writing, a new or additional probationary period may be established for any employee. Such agreement shall not be effective without CCPFA approval.

10.9 Live within City Limits.
a. Employees hired on or after January 1, 2023, shall live within 150 miles of the City limits by the end of their probationary period. The calculation of the 150 miles shall be made using Google Maps driving directions.

b. Employees hired before January 1, 2023, shall live within 150 miles of the City limits except that employees whose current home address exceeds the 150 mile limit at the time of ratification of this MOU will be grandfathered in and not subject to the aforementioned requirement, while at their current home address. The City Manager may waive the mile limit requirement in special circumstances, upon written request.

This section (b) will have a delayed implementation until December 31, 2025.

ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES

11.1 Purpose of Layoffs. For reasons of economy, of efficiency, or in the interest or mandate of the public, reductions or curtailments of the City services may be required. Whenever, in the judgment of the City Council, it becomes necessary, the City Council may abolish any position or employment and the employee holding such position or employment may be laid off.

11.2 Abolishment of Position(s).When layoffs are to occur, the City Manager shall prepare a list of those positions to be abolished in each department. For each affected department, the City

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Manager shall assemble a list of those employees within the classification designated for a position abolishment. Such list shall be forwarded to the appropriate department head. The department head shall prepare a list establishing the order of employee layoffs within a classification.

11.3 Notification of Layoff. When a layoff is to occur, the City will notify the employee and the designated bargaining unit representative at least thirty (30) calendar days prior to the effective date of layoff. It is understood that, during this period, bargaining unit representatives may submit recommendations regarding layoff alternatives, such as reductions in hours, freezing merit pay increases or other similar programs which will result in a reduction of the City's labor costs.

The notice provided to the bargaining unit representative shall contain reason(s) for the reduction, the specific job classifications and numbers within each classification that shall be reduced, and opportunities for placement of affected employees.

The bargaining unit representative shall respond to the City within fifteen (15) days following notice.

11.4 Order of Layoff.

11.4.1 Temporary, interim and probationary employees within the unit shall be laid off prior to the layoff of any regular employee within the unit.

11.4.2 There shall be “bumping rights” within the CCFMA and CCPFA membership such that an individual in a higher ranking position, if meeting bona fide occupational qualifications (BFOQ) for that class, may “bump” into a lower rank if layoffs occur , per seniority order on the reemployment list . The individual must have held a position in the lower rank within the Cathedral City Fire Department. If any member is bumped into a lower position and had not completed probation, then that member must complete probation for that rank; however, the employee is still considered a regular/permanent employee for the purposes of bumping rights . (For example, a Firefighter/Paramedic promotes to Engineer and completes three months of the 12-month probation. Employee is then promoted to Fire Captain, but subsequently bumps back to Engineer as a result of layoff.

That employee would need to complete the remaining nine months of probation for Engineer.)

11.4.3 For those members of the Association who are laid off, the City shall be obliged to return them to the classification from which they were laid off , per seniority order on the reemployment list, if an opening in that classification should occur within one (1) year of the effective date of the layoff. Any reinstated employee shall serve an initial probationary period as specified in Section 10.2. At the discretion of the Fire Chief and subject to analysis of a satisfactory performance review, a reinstated employee may be placed in the salary schedule they would have received if they were never laid off.

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11.4.4 Seniority in a member’s “bumped” class shall consist of time in rank from their previous class, plus time in class from their last previously held class ification. (Example: five (5) years as an Engineer plus five (5) years as Captain equals ten (10) years of seniority brought to the “bumped” class.) The member “bumping” back must meet the BFOQ for the class into which employee is bumping.

11.4.5 Any member who is “bumped” down will have the first right to “bump back” to the original position they were “bumped” from, regardless of any current promotional lists established. The member “bumping back” must meet the BFOQ for the class to which employee is bumping.

11.5 Layoff Appeal. A regular employee shall have the right to request review on appeal. Such request must be made in writing to the City manager within five (5) City Hall business days after receipt of a layoff notice. The City Manager shall prepare and deliver a decision on the appeal within five (5) City Hall business days after receipt of the appeal.

The scope of the appeal shall not include such issues as the need for layoff, the reasons for layoff, the extent of layoff, the classifications selected for layoff, or the exercise of other City prerogatives involved in layoff. The issues of such appeal shall be limited only to whether or not there was substantial compliance with the procedures for layoffs and the established order of departmental layoff within a classification.

The City Manager’s decision shall be final.

ARTICLE 12: CONDUCT AND DISCIPLINE

12.1 Standards of Conduct. It is expected that all City employees shall render the best possible service and reflect credit on the City, and therefore high standards of conduct are essential.

12.2 Improper Employee Conduct. Improper conduct may be caused for disciplinary action up to and including termination of employment. The term "improper conduct" means not only any improper action by an employee in the employee's official capacity, but also conduct by an employee not connected with the employee's official duties that affects the employee's ability to perform official duties, and any improper use of the position as an employee for personal advantage. In addition, improper conduct includes, but is not limited to, the following:

12.2.1 Violation of any Federal, State, or local law directly impacting the employee's fitness for employment.

12.2.2 Using, possessing, dealing, distributing, or being under the influence of alcohol or intoxicating substances,, prescribed medication which impairs the employee's ability to perform their work, unprescribed medication, narcotics or unlawful drugs, or controlled substances while on duty or at work locations, or reporting to work or operating City vehicles, equipment or performing their duties under the influence of alcohol or intoxicating substances, any unlawful or unprescribed drug or controlled substance.

12.2.3 Unauthorized sleeping while on duty.

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12.2.4 Disorderly conduct: fighting, threatening, attempting to inflict bodily injury on another; engaging in dangerous horseplay.

12.2.5 Failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment from an authorized supervisor or City management official.

12.2.6 Inefficiency, incompetence, carelessness, or negligence in performance of duties.

12.2.7 Sexual harassment or other unlawful harassment of another employee.

12.2.8 Chronic or excessive absenteeism or inconsistent attendance.

12.2.9 Rude or discourteous treatment of other employees or the public.

12.2.10 Dishonesty.

12.2.11 Political activity in violation of the law.

12.2.12 Gambling or promotion of gambling on City premises or while on duty.

12.2.13 Endangering the safety or causing injury to any employee including themselves or the public.

12.2.14 Unauthorized disclosure of confidential information as defined by law or by written directive of the City or respective department.

12.2.15 Using the position for financial gain; using the position to solicit work for private business or personal acquaintance or solicitation of work for private business or personal acquaintance while on duty or in uniform.

12.2.16 Failure to perform duties; insubordination.

12.2.17 Inattention to duty, tardiness, carelessness or negligence in the care and handling of City property.

12.2.18 Loss or misuse of City funds.

12.2.19 Covering up or attempting to conceal defective work, removing or destroying same without permission.

12.2.20 Improper or unauthorized use of City vehicles or equipment or misappropriation of supplies.

12.2.21 Damage to public property or waste of public supplies through misconduct or negligence.

12.2.22 Misuse of sick leave, including using sick leave under false pretenses.

12.2.23 Furnishing false information to secure appointment, or falsification of time cards or other records and reports.

12.2.24 Absence from duty without authorized leave, failure to report after leave of absence has expired or after such leave of absence has been disapproved, revoked, or canceled.

12.2.25 Violation of the provisions of these rules and regulations, departmental rules and policies, or any written policies that may be prescribed by the City.

12.2.26 Acceptance by an employee of any bribe, gratuity, kickback, or other item of value when such is given by or on behalf of a donor with a motivation of receiving preferential treatment.

12.2.27 Outside work that creates a conflict of interest with City work, or detracts from the efficiency of the employee in the effective performance of City functions.

12.2.28 Failure to obtain or maintain necessary qualification, certificate, or license, which is required as a condition of employment.

12.2.29 Possession of an unsafe driving record for those employees required to operate City vehicles.

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12.2.30 Conduct which discredits the City or City personnel.

12.2.31 Or other just cause.

12.3 Disciplinary Action. The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to correct for violation of City policies. The disciplinary process outlined below has been established to provide general guidelines for a fair method for disciplining employees.

Discipline may be initiated for various reasons, including, but not limited to, violations of City work rules, insubordination or poor job performance. The severity of the action depends on the nature of the offense and an employee's record, and may range from verbal counseling to immediate dismissal.

12.3.1 The normal progressive discipline procedure consists of:

12.3.1.1 Verbal Counseling : An opportunity to communicate in a non -disciplinary fashion that a problem is perceived and that the supervisor is available to help solve it. (Not appealable)

12.3.1.2 Verbal Reprimand: To communicate to the employee that a repeat action may result in more serious disciplinary action. A written record of a verbal reprimand is not considered a written reprimand. (Not appealable)

12.3.1.3 Written Reprimand: A written communication to the employee that the same or related offense has been committed. A copy of this warning is given to the employee and one copy is filed in the employee's personnel file. Employee may submit a written response within thirty (30) calendar days per the Firefighters Procedural Bill of Rights. The employee's response will be attached to the written reprimand

12.3.1.4 Suspension: Temporary removal of an employee from their duties without pay for cause. Employees may be suspended on the spot by their immediate supervisor when there is a clear threat to the safety of other employees or the public. (Managers must notify the Human Resources Manager when instituting an on-the-spot suspension as soon as it is practical.)

12.3.1.5 Demotion: This step involves either the reduction in pay step or reduction in class.

12.3.1.6 Dismissal: The final step in the disciplinary process.

12.3.2 Although one or more of these steps may be taken in connection with a particular employee, no formal order or system is necessary. The City reserves the right to deviate from this policy when it feels that circumstances are so severe that such a deviation is warranted. The City Manager or designee is vested with the authority to determine the appropriate course of action.

12.3.3 Further steps in the discipline process involving suspension, demotion or dismissal should not be taken without consulting the department head and the Human Resources Manager.

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12.3.4 Those employees covered by the Firefighters Procedural Bill of Rights will be treated accordingly.

12.3.5 Suspension, Demotion, Dismissal . Subject to the Hearings and Appeals Procedures specified in Section 12.4.2, the City may:

12.3.5.1 Impose a suspension without pay upon an employee when, in their judgment, such action will best serve the interests of the City. Such suspension shall, however, not exceed a period of thirty (30) working days except that if the suspension is imposed because of an employee's trial by a court of law, the suspension may extend to such time as that court has rendered its decision.

12.3.5.1.1 Brief Suspension without Pay . When, in the opinion of the department head, circumstances warrant, a suspension of thirty - six (36) working hours or less may be imposed informally, without complying with the formal procedures commonly referred to as "Skelly Procedures." Prior to the imposition of such discipline, the department head shall explain appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. A written record of the discipline, including a full, accurate and factual statement of the reason therefore, shall be sent to the Human Resources Manager to be placed in the employee's
personnel folder. Within thirty (30) calendar days after the date the discipline is imposed, the employee may respond in writing and have such response placed in the employee's personnel folder. The employee may appeal the suspension to the City Manager or designee within ten (10) City Hall business days of the notice of suspension. The City Manager will render a decision within thirty (30) calendar days and said decision shall be final.

12.3.5.1.2 Longer Suspension without Pay . When the employee's conduct has been continuous or repeated, and lesser penalties are inadequate or have proved ineffective, the department head may impose suspension without pay in excess of thirty -six (36) hours.

Such longer term suspension shall occur only after the notice procedures specified in Section 12.3.5.1.1 and shall be subject to appeal in accordance with Section 12.4.2.

12.3.5.2 Demote a regular employee to a position in a lower class with an appropriate reduction in pay or a reduction in pay step, for reasons including, but not limited to, unsatisfactory performance.

12.3.5.3 Dismiss for cause any regular employee.

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12.3.5.4 Only discipline involving suspension, demotion, or dismissal is subject to an appeal (except those employees covered by the Public Safety Officers Procedural Bill of Rights).

12.4 Hearings, Appeals and Grievances.

12.4.1 Pre-Discipline Meeting Procedures.

12.4.1.1 Prior to undertaking any of the personnel actions set forth in Section 12.3 at or greater than the level of reprimand, the department head, or designee shall first provide the employee with a written specification of reasons for the proposed action and all documents relied on to support the action being taken.

The statement shall either be delivered personally to the employee or sent by Certified Mail, Return Receipt Requested, and shall notify the employee of their right to request a meeting with the department head. The employee may, accordingly, request a meeting to determine if there is cause for the proposed personnel action. A request for a meeting must be in writing and must be delivered to the department head on or before five (5) City Hall business days after the employee's receipt of notice of intended action.

12.4.1.2 Upon receipt of the Request for Meeting, the department head shall notify the employee of the time and place for a meeting to be held not later than ten (10) working days after receipt of the request therefore. The employee shall be entitled to be present at such meeting together with an attorney and/or designated representative. The meeting is to be conducted by the department head or designee and shall provide the employee with the opportunity to refute, explain, or otherwise address the proposed statement of charges. All decisions of the department head or designee shall be rendered within ten (10) working days after conclusion of the meeting, and shall be final unless timely appealed by the employee as provided in the section entitled, "Appeals Procedures."

12.4.2 Appeals Procedures.

12.4.2.1 Any regular employee subjected to any disciplinary action set forth herein (suspension, demotion, or dismissal) may appeal any decision of the department head or designee by filing a written Notice of Appeal with the City Manager or designee within five (5) working days after their receipt of the decision. The employee's appeal shall be heard by an impartial hearing officer selected in a manner mutually agreeable to the City Manager and the employee; if no agreement is reached the hearing officer shall be selected from a list of advisory arbitrators from the California State Mediation Conciliation Service or from a list agreed to between the City Manager and the

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employee. The hearing officer shall be selected from such a list of an odd number of names by alternate striking until only one name appears.

12.4.2.2 The employee may be represented by their Association/Union representative, any other regular employee of the City, or their attorney.

12.4.2.3 The Hearing Officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party.

12.4.2.4 The hearing shall be recorded by a certified shorthand reporter. Expenses for such recording services shall be borne equally by the City and the Association when the Association supports the merits of the cause in writing; provided, however, that each party shall be responsible for any specialized or extraordinary services they might individually request.

12.4.2.5 The expenses for the hearing officer shall be borne equally by the City and the Association when the Association supports the merits of the cause in writing , and each party shall be responsible for expenses they incur.

12.4.2.6 After the close of the hearing the Hearing Officer shall prepare written findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present their findings to the City Manager and the employee within thirty (30) calendar days. In rendering a recommendation, the Hearing Officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same.

12.4.2.7 At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.

12.4.2.8 Oral evidence shall be taken only on oath or affirmation.

12.4.2.9 Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross -examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party first called them to testify, and to rebut the evidence against them. If the respondent does not testify in their own behalf, employee may be called and examined as if under cross - examination.

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12.4.2.10 The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.

12.4.2.11 The City Manager or designee may, if employee deems appropriate, review the Hearing Officer's recommendation but shall not be bound thereby. If the City Manager makes a decision not to follow the Hearing Officer's recommendation, the City Manager shall notify the employee in writing of that decision, and the employee shall have the right to schedule a meeting with the City Manager to persuade the City Manager to follow the Hearing Officer's recommendations. The employee must submit a written request to meet with the City Manager within five (5) working days of receipt of the Hearing Officer's recommendation. The City Manager shall render a decision in writing within ten (10) working days of the meeting or ten (10) working days of the opportunity to meet. The City Manager's decision shall be final and binding, subject only to review by the courts under the procedures set forth in Code of Civil Procedure Section 1094.5 (writ of mandate), subject to the 90-day limit for filing such petitions pursuant to section 1094.6 of Civil Code.

If any provision of Sections 12.4.1 and 12.4.2 are inconsistent with the employee rights set forth in the Firefighter Procedural Bill of Rights, the rights set forth in the Firefighter Procedural Bill of Right shall prevail.

ARTICLE 13: ATTENDANCE AND LEAVES

13.1 Attendance at Work; Absence without Leave. Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees, which shall be reported to the Administrative Services Director or their designee in the form and on the dates they shall specify.

Failure on the part of an employee, who is absent without leave, to return to duty within forty - eight (48) hours after a due notice to return to work has been delivered shall be cause for immediate dismissal. A certified letter delivered by the U.S. mail to the employee’s last known address shall be reasonable notice.

13.2 Hours of Work. Daily hours of work (or shifts) for employees within the department shall be assigned by the department head as required to meet the operational requirements of said

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department. Any foreseeable absence or deviation from regularly scheduled working hours desired by an employee shall be cleared in advance through the department head, and such absences shall be noted on the employee's time sheet.

13.3 Leave of Absence. The City Manager, with the concurrence of the affected department head, may grant a regular employee a leave of absence for a period not to exceed one year. No such leave shall be granted except upon written request of the employee setting forth the reason for the request. Approval shall be in writing.

Upon expiration of an approved leave, the employee shall be reinstated in the position held at the time leave was granted, subject to the conditions of the leave or as provided by State and/or Federal laws. Failure on the part of an employee on leave to report promptly at its expiration shall be cause for dismissal. The depositing in the U.S. mail of a certified letter, addressed to the employee's last known place of address shall be reasonable notice of dismissal for failure to return to work.

Such a leave shall generally be without pay, provided that the City Manager shall have discretion to grant pay for the first 15 consecutive work days. Any employee on an approved leave of absence shall receive no vacation and no sick leave after fifteen (15) consecutive work days.

City contributions to retirement, health and medical plans shall be suspended until the employee is reinstated. An employee who is on leave of absence shall be responsible for reimbursing the City for any payroll deductions that the employee has authorized. An employee reinstated after a leave of absence shall receive the same step in the salary range the employee received when the leave of absence began. Time spent on such leave shall not count towards service for increases within the salary range or benefit accruals. The employee's merit review date shall be set forward in time one month for each thirty (30) consecutive calendar days taken. The employee shall retain accumulated vacation credits, sick leave credits, and other similar credits; however, such credits or seniority shall not accrue to a person granted such leave during the period of absence. When an employee is granted a leave of absence without pay, the City shall discontinue payment of medic al, health and other similar insurance premiums for the employee and dependents. At the time the employee requests a leave of absence, the employee may pre -pay the insurance premiums by depositing funds with the Finance Department prior to the expiration of coverage, provided that such a continuation of coverage is authorized by the City's contract for medical insurance.

Any employee who separates from employment for reasons other than layoff may request reinstatement within one (1) year of separation and be entitled to consideration for any position for which employee is qualified. Consideration does not assure reemployment for any particular vacancy, but does assure eligibility for consideration. Any reinstated employee shall serve an initial probationary period as specified in Section 10.2.

13.4 Vacation Leave. Fire Department Vacation Policy has been developed and agreed to by CCFMA, CCPFA and Fire Department Administration as part of the Fire Department Policy Manual.

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13.4.1 Vacations. All employees shall accrue vacation credits according to the following schedule:

Hrs./Pay Period Hrs./Yr.

Less than 2 years employment 5.54 144
2 years up to 6 years 6.92 180
6 years up to 10 years 8.31 216
10 years or more 9.69 252

13.4.2 Vacation Accumulation. Employees are encouraged to use their accrued vacation time annually. Earned vacation credits shall be accumulated. Employees may, however, carry over unused vacation credits to succeeding calendar years. Except upon written approval by the City Manager, accumulated vacation credits shall not exceed the employee's two (2) year maximum rate of accrual. Accumulated vacation time in excess of the two year accrual maximum, and is not carried by approval, will be cashed out in November of each year.

Upon a four (4) week prior written request, one (1) time per calendar year, each employee may receive pay for all of the employee's accrued, but unused vacation time; provided, however, that a minimum of at least once per calendar year, forty-eight (48) hours of vacation time is taken off in a block which guarantees a minimum of one work week off. Such time may be used in conjunction with holidays.

For the purpose of this Section one day of vacation equals twenty-four (24) hours.

13.4.3 Holidays or Illness within Vacation Period . Holidays falling within the vacation period shall not be considered as part of the employee's vacation and shall not be charged against vacation credits. Illness during a vacation period shall not be considered as sick leave, unless confirmed by a physician's statement and approved by the Human Resources Manager.

13.4.4 Vacation Credits When Employment Terminates . Upon termination of employment, an employee shall be paid for unused vacation credits.

13.4.5 Effect of Absence on Vacation Crediting . Absence due to sick leave or other approved leave of absence will not affect computations for vacation credits unless such absences exceed one (1) month, in which case the time of said absence (unless such absence is for vacation being used) shall be excluded from computation.

13.4.6 Additional Vacation Days . In addition to the annual vacation sign -up procedure, any employee covered by this Agreement may request at any time, upon 72 hours' notice, additional days off for vacation leave. Employees may request days which are otherwise available and shall be responsible for obtaining a qualified replacement based on current department policy.

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13.5 Holiday Pay

a. Holidays - Extra Pay for Working on a Holiday. Employees regularly scheduled to work on a holiday by a supervisor in order to maintain City services shall be paid their regular straight time pay, plus extra compensation of time and one half at the employees’ regular rate of pay for the hours worked on the holiday (therefore, total compensation for an employee working on a holiday will be 2.5 times the employee’s regular rate of pay). A holiday consists of 12 hours. This is broken down as follows:

24-hour shift worked
12 Hours Regular Pay PERSABLE
12 Hours Holiday Pay PERSABLE
12 Hours at time and a half (18 Hours) PERSABLE
TOTAL HOURS PAID 42 hours

b. Holiday Bank – The City recognizes Holidays through the City Council’s Holiday Resolution.

c. The City will not lower the number of CalPERS holidays that currently exist and will report holidays as required per the guidelines and requirements.

When a holiday falls on an employee’s regularly scheduled day off, the employee will accrue 12 hours in their Holiday Bank. Employees will have the option of using these hours throughout the year or cashing out. The cash out must be done at least annually (July 1 - June 30) and reported in the period the holiday was earned. Upon requesting a cash -out, the employee must identify the holiday employee is cashing out on the appropriate form approved by finance. These hours shall be reported pursuant to the policies, rules and requirements outlined by CalPERS . These hours do not count as time worked for the purpose of calculating overtime.

When an employee does not actually work a regularly scheduled day, employees will not receive extra compensation of time and one half.

The below chart outlines possible scenarios, and the benefit members will receive:

Scenario Process
*Scheduled/Actually Worked Same
Not Scheduled/Actually Worked (OT
Shift)
24 OT = 36
12 Hours into Holiday Bank = 12
Not Scheduled/Not Worked Same
Scheduled/Sick 24 Hours out of Sick Bank = 24
12 Hours Holiday Bank = 12
Scheduled/Vacation 24 Hours out of Vacation Bank = 24
12 Hours into Holiday Bank
Didn’t Work/Covid Admin 24 Hours Covid Admin
12 Hours into Holiday Bank
Didn’t Work/IOD 24 Hours IOD/Sick
12 Hours into Holiday Bank
*For disciplinary admin situations, the schedule/actually worked scenario is applicable.

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d. In addition, employees shall be credited with one (1) Floating Holiday of twelve (12) hours per year. Employees will have the option of using these hours throughout the year or cashing out all hours before July 1 of each year. Floating holidays do not count as time worked for the purpose of calculating overtime. The hours shall be placed in the employees’ Float Bank in the following manner:
i. Twelve (12) hours on August 1st

13.6 Jury Duty. An employee summoned to and serving on jury duty shall submit evidence of the Summons to the department head. The employee may be absent from duty with pay for time required to be away from the employee's regularly scheduled work hours. An employee who is released by the court from jury duty on any regularly scheduled work day shall return to work to complete any remaining portion of regularly scheduled work hours unless otherwise excused by the department head. The employee shall be entitled to retain juror fees as reimbursement for expenses associated with jury duty.

13.7 Bereavement Leave. Bereavement leave with pay, not to exceed seventy -two (72) hours per calendar year shall be granted. Leave shall be based on demonstrated need and shall be limited to death within the immediate family. All hours for additional bereavement shall be deducted from sick leave, if any , on the basis of 12 hours per 24 -hour shift. Subsequent business related issues shall be deducted from vacation or time off without pay. The immediate family is defined as the employee's mother, father, brother, sister, spouse /registered domestic partner, children, step parents, step children, grandparents, and legal guardians, or any in -law bearing one of those relationships to the employee's spouse or registered domestic partner. The employee may be asked to provide validation of the family relationship.

13.8 Sick Leave. An employee may use accrued sick leave for illness of the employee or physical incapacity of the employee due to illness or injury, or for physical examinations, including eyes, dentist appointments or other commonly accepted health related matters.

All regular full -time employees shall be credited with 7.38 hours per pay period or major fraction thereof. If an absence because of illness or disability extends beyond two (2) consecutive scheduled work days or the employee has used more than four (4) sick days in a calendar year, the employee may be required to submit a physician's written certification (release to return to work) to the department head before the employee is eligible to receive sick leave pay.

Observed holidays occurring during sick leave shall not be charged against an employee's accrued sick leave.

An employee may be required to take physical examinations at periodic intervals while on sick leave from a physician designated and paid for by the City.

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all of accrued vacation days are used. The employee may apply to receive a leave of absence without pay if the employee does not have any accrued vacation or sick days.

For the purpose of this Section one day of sick leave equals twenty-four (24) hours.

13.9 Sick Leave; Limit on Accrual; Payoff.

a) Employees hired prior to November 25, 2012 : Any unused portion of accumulated sick leave may be carried over into the next calendar year; provided however, an employee's accumulated sick leave may not exceed 1440 hours unused sick leave; further accumulation shall not be allowed. However, to encourage attendance at work and discourage the frivolous use of excess sick leave, employees with continuous employment of five (5) years or more shall receive a payment in cash of 25% of unused sick leave when they resign or retire.

Employees with continuous employment over nine (9) years shall receive in cash 50% of the unused sick leave when they resign or retire. This compensation shall be at straight time rate.

Upon four (4) weeks advance notice, one (1) time in any fiscal year, an employee is entitled upon request to payment for accumulated sick leave in excess of four hundred twenty eight (428) hours; payment shall be at base salary rate.

b) Employees hired on or after November 25, 2012: Any unused portion of accumulated sick leave shall remain in the employee’s sick leave bank without limit and without the ability to cash out or otherwise convert to vacation or other leave bank(s). All accrued and unused sick leave may be converted to CalPERS service credit upon retirement.

13.10 Sick Leave Conversion. Tier 1 e mployees with at least three (3) years of employment with the City may at their option convert accrued sick leave in excess of one hundred eighty (180) hours (one hundred twenty (120) hours for employees assigned to a 40 hour work week) to be vacation hours in accordance with the following schedule:

Employees with more than three (3) years but less
than seven (7) years of employment with the City
Four (4) hours of sick leave to one (1) hour of
vacation
Employees with more than seven (7) years of
employment with the City
Two (2) hours of sick leave to one (1) hour of
vacation

13.11 Effect of Absence on Sick Leave. Absence due to sick leave or other approved leave of absence will not affect computations of sick leave unless such absence exceeds one (1) month, in which case that month or more, shall be excluded from computation.

13.12 Family Illness Leave. If any employee requests leave to be absent from duty because of illness in the employee’s immediate family, which requires the employee’s attendance, the City Manager may approve use of the employee’s unused accrued sick leave not to exceed the equivalent of one half of the employee’s annual sick leave accrual amount. The immediate

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family is defined as mother, father, brother, sister, spouse, registered domestic partner, children, step parents, step children, grandparents, in laws and legal guardians. Where the employee and reason for leave qualify, the employee will be eligible for leave under FMLA and the California Family Rights Act (CFRA) and be subject to all of the rights and obligations under both FMLA and CFRA.

13.13 Unauthorized Leave. Any employee who is absent from work without approved leave shall be subject to discipline, or may be deemed to have automatically resigned if the absence is for two (2) or more consecutive scheduled work shifts.

13.14 Catastrophic Leave Donation. Circumstances may arise where an employee or the employee's immediate family may suffer an unforeseen event, which may have a catastrophic effect on the employee and/or the employee's family. Under such a circumstance the employee may request leave donation from fellow employees under the following procedures:

13.14.1 Employee's Own Personal Extended Illness . An employee who is suffering from a serious illness or a serious accident may have sick leave donated to cover the cost for the City-provided health insurance upon expiration of family medical leave. This leave donation shall only cover the cost of any insurance plan offered by the City and shall not be used for salary.

13.14.2 Serious Illness or Injury of a Member of the Employee's Immediate Family . An employee whose immediate family member is suffering from a serious illness or injury may have leave donated to provide them time off from work to care for that family member.

13.14.3 Leave Donation Eligibility Procedures.

13.16.3.1 The employee seeking leave donation must have exhausted all available leave, sick leave, vacation leave and compensatory leave.

13.16.3.2 The employee must submit a request for leave donation to the Personnel Department for review and approval of the Assistant City Manager and the City Manager. The employee will be required to provide medical documentation for the need of this leave donation.

13.14.4 Leave Donation Procedure.

13.16.4.1 The donation of leave is voluntary and is irrevocable once donated.

13.16.4.2 Employees wishing to donate leave will submit to the Personnel Department an authorization for transfer of leave form.

13.16.4.3 Employees may donate accrued sick leave in excess of 144 hours with a maximum donation of twelve (12) hours of sick leave.

13.16.4.4 Employee may donate a maximum of 24 hours of vacation leave.

13.16.4.5 The donated leave will be put in to a "Catastrophic Leave" account and can only be used to care for the immediate family m ember or to pay for

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the cost of insurance offered by the City for those persons suffering from a personal illness for which the leave was donated.

13.14.4.6 Donated leave will be credited to the "Catastrophic Leave" account on an hour-for-hour basis (i.e., 10 hours donated becomes 10 hours of sick leave at the receiving employee’s rate of pay). In no case shall the total amount of donated leave exceed twelve (12) hours of sick leave and twenty -four (24) hours vacation leave per donor.

13.14.4.7 Any time remaining in the employees "Catastrophic Leave" account upon return to work will be transferred to a "Catastrophic Leave Bank" for use by other employees who qualify under the provisions of this Article. The Catastrophic Leave Bank" will have a cap of 320 hours. Any remaining leave in excess of 320 hours will be converted to a cash value and placed in a fund for an employee program to be determined at a later date.

Human Resources will provide a quarterly report to CCPFA with number of hours in the bank.

13.14.4.8 In no case will an employee be able to convert the donated leave to cash or be paid for any remaining balance of donated leave.

13.14.4.9 All donations will be maintained as confidential information.

ARTICLE 14: GRIEVANCE PROCEDURES

14.1 Matters Subject to Grievance Procedures. A grievance is a complaint by an employee that the employee has been adversely affected due to a misinterpretation or misapplication of this MOU.

Any such complaint may be reviewed in accordance with this Article.

14.2 Informal Grievance Procedure. The employee shall initiate the grievance process by an informal meeting and discussion with their supervisor. Every effort shall be made to resolve a grievance through discussion between the employee, and/or the employee's designated representative, and the employee's immediate supervisor. If, after such discussion, the employee does not feel that the grievance has been satisfactorily resolved, the employee shall have the right to discuss the matter with the supervisor's superior, if any, within the department organization.

Otherwise, the employee shall have the right to discuss the matter with the department head by proceeding to the formal grievance procedure.

14.3 Formal Grievance Procedure. Step 1. If the employee is not in agreement with the decision rendered in the informal grievance procedure, an employee shall have the right to present a formal grievance in writing, using the designated grievance form, to the department head within ten (10) calendar days from the date when the decision is rendered in the informal grievance procedure. In the event that no decision has been rendered in the informal procedure, the employee may proceed to the Formal Grievance Procedure no later than ten (10) calendar days after the decision was due to be rendered in the Informal Grievance Meeting . The department head shall meet with the employee and/or the employee's designated representative within ten (10) calendar days after the department head's receipt of the written grievance. The department head shall review the grievance and render a decision in writing and return it to the employee and/or the employee's designated representative within ten (10) calendar days after

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meeting with the employee. In the event that no decision is rendered within ten (10) calendar days after meeting with the employee, the employee may proceed directly to step 2.

14.4 Appeal to the City Manager. Step 2. If the employee does not agree with the decision reached by the department head, the employee may present an appeal in writing to the City Manager within ten (10) calendar days after the employee's receipt of the department head's decision.

The appeal shall be signed and delivered to the Human Resources Manager who shall set a meeting within ten (10) calendar days with the City Manager and the employee and/or the employee's representative to discuss the grievance. Within ten (10) calendar days from the date of the meeting, the City Manager shall deliver a copy of the decision to the employee and/or the employee's representative and the department head. The decision of the City Manager shall be final, and no further appeal may be had. Nothing in this section should be interpreted to limit the employee’s right to further administrative or judicial process outside of the City’s internal process.

14.5 Extension of Time Limitations. All time limitations mentioned in the Grievance Procedure may be extended by mutual written agreement between the City and the employee and /or the employee’s representative.

14.6 The City and CCPFA agree to remove several articles from the MOU as part of the 2022 negotiations. Those items are listed below and are currently in the City’s personnel rules. The City and CCPFA agree that despite their removal from the MOU, CCPFA members shall be able to grieve those items, as if they were in the MOU. The City and CCPFA further agree that any modification to the personnel rules that cover these items is subject to the meet and confer process. The items are Military Leave and Family Medical Leave.

ARTICLE 15: EMPLOYEE REPORTS AND RECORDS

15.1 Personnel File. The Human Resources Manager shall maintain a personnel file for each employee of the City. Employees have the right to inspect the contents of their respective personnel files during a scheduled appointment.

15.2 Disclosure of Information. No information shall be disclosed from the personnel file of an employee other than the employee's job title, work location, work phone number, salary verification (with written employee authorization only) and departmental assignment, to any person other than the City Manager, City Attorney or their designated representatives. An employee may request or authorize the disclosure of other information from their file by written authorization. Nothing herein shall preclude the use of any information in an employee's personnel file in any phase of a disciplinary or probationary action. The City shall not be prevented from releasing other information under subpoena nor under the Public Records Act when a proper request therefore is submitted, if the City Attorney advises that the requested information must be released.

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ARTICLE 16: EDUCATIONAL INCENTIVE

16.1 Educational Incentives. The City shall adopt procedures under which an employee shall qualify for educational assistance in an amount not to exceed $500 in any one (1) fiscal year; reimbursement shall be based upon the City reimbursing to the employee 50% of reasonably incurred costs of education, including tuition, fees, and books. However, for any employee pursuing an AA or BA degree in fire science, reimbursement shall be at the rate of 80% up to a maximum of $800 in any one (1) fiscal year. The procedures to be adopted shall not require advance approval by the City of any specific undergraduate course. Education covered by this provision must be in a licensed public or private school or college, or a recognized training program leading to job or professional certification (except for paramedic recertification), and shall include both academic and professional certification programs. Reimbursement shall be made only for pursuit of one (1) degree. Post -graduate programs (Master’s degree programs or higher) are not covered without a determination that the program has some reasonable relationship to the job performed by the employee, or to preparation for a promotional opportunity within the City's employment. No reimbursement shall be made for education beyond a Master's degree. Reimbursement shall be made at the conclusion of a course, upon presentation of evidence of satisfactory completion thereof (grade "C" or better), department head review and City Manager or designee approval.

16.2 Paramedic Recertification. Upon presentation to the Fire Chief or designee of a paramedic certification, the City shall pay to the employee a n amount of $2300.00 as full reimbursement for paramedic certification. The employee has the responsibility of attending all required certification courses and paying the required fees. There will not be any compensation for attending certification courses during non -work times except for the pay specified above. This benefit applies once every two (2) years.

16.3 Certificate and Degree Incentive. Any unit member receiving a Firefighter II or Company Officer/Fire Officer Certificate will be provided with a Certificate Pay differential for each separate Certificate held equal to five percent (5%) of base salary.

Unit members who possess a California Community College Associate Degree, an equivalent AS/AA degree or a Bachelor ’s Degree (BA/BS) from an accredited post -secondary institution whereas the degree is appropriate to the Fire Service and/or Public Administration and have completed at least two (2) of the courses required for a Company Officer certification shall be compensated five percent (5%) of base salary.

ARTICLE 17: HEALTH BENEFITS

17.1 Employee Health Benefits

17.1.1 Public Employees' Medical and Hospital Care Act. The City provides health insurance benefits through the CalPERS Health Program pursuant to the Public Employees’ Medical and Hospital Care Act (PEMHCA). The City provides dental and vision benefits through plans outside of the CalPERS Health Program.

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17.1.2 PEMHCA Minimum Contribution. The City will pay the minimum employer contribution amount for employees enrolled in one of the City’s PEMHCA plans, as set forth by CalPERS and pursuant to Government Code Section 22892.
a) The minimum employer contribution amount for the 2023 calendar year is $151.00
b) The minimum employer contribution amount for the 2024 calendar year will be the amount established by CalPERS

17.1.3 Cafeteria Plan. The City shall offer a cafeteria plan for medical, dental, vision, and short- term disability.

17.1.4 City’s Contribution Amount. Effective August 1, 2020, the City’s monthly cafeteria plan contribution, inclusive of the PEMHCA minimum monthly contribution, shall be as follows:

Flat Dollar amount Effective January 1, 2022
Selected Plan Maximum City Contribution
Employee only $976.28
Employee plus one $1952.57
Family $2538.34

Flat Dollar amount Effective January 1, 2024
Selected Plan Maximum City Contribution
Employee only $1000.00
Employee plus one $2000.00
Family $2600.00

Flat Dollar amount Effective January 1, 2025
Selected Plan Maximum City Contribution
Employee only $1100.00
Employee plus one $2100.00
Family $2700.00

An employee electing a medical plan less expensive than the City’s contribution amount may use the remaining balance to pay for dental, vision and/or short -term disability insurance premiums. Any amount remaining stays with the City. An employee electing a plan or plans that cost more than the City’s contribution amount shall be responsible for paying the difference in cost.

17.1.5 HRA Contribution – Employees Hired After August 1, 2020. For employees hired after August 1, 2020, the City shall contribute to the employee’s Health Reimbursement Arrangement (HRA) plan, and associated fixed dollar cost of administration as below:

Effective: 08/01/2020 $100/mo.

Effective: 08/01/2023 $125/mo.

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This HRA contribution is for employees only and shall cease upon separation from City employment.

17.2 Retirement Health Benefits

17.2.1 Public Employees' Medical and Hospital Care Act . The City provides retirement health insurance benefits through the CalPERS Health Program pursuant to the Public Employees’ Medical and Hospital Care Act (PEMHCA). To participate, an employee must retire with CalPERS within 120 days of separation from the City, or as otherwise provided by PEMHCA requirements. Participating retirees shall comply with all applicable PEMHCA laws, regulations and rules, including but not limited to the requirement to enroll in Medicare when eligible. The City will not pay for the cost of Medicare enrollment.

17.2.2 Level 1 Retirees – Hired before November 24, 2012. For employees hired before November 24, 2012 who retire from the City and who are enrolled as a retiree in a PEMHCA plan (“Level 1 Retirees”), the City will pay the PEMHCA minimum contribution as set forth by CalPERS and pursuant to Government Code Section 22892. Additionally, Level 1 Retirees shall have a vested right to retirement health benefits consisting of a supplemental City -paid contribution (inclusive of the PEMHCA minimum contribution), as follows:

Flat Dollar amount Effective August 1, 2020
Selected Plan Maximum City Contribution
Employee only $902.63
Employee plus one $1805.26
Family $2346.84

Flat Dollar amount Effective January 1, 2021
Selected Plan Maximum City Contribution
Employee only $938.74
Employee plus one $1877.47
Family $2440.71

Flat Dollar amount Effective January 1, 2022
Selected Plan Maximum City Contribution
Employee only $976.28
Employee plus one $1952.57
Family $2538.34

For example, for a Level 1 Retiree enrolled in a Retiree only plan during the year 2020, the City will pay $139 per month as the PEMHCA minimum contribution, and will provide up to an additional $763 per month as the supplemental City - paid contribution directly to the retiree.

It is the intent of the parties that “vested rights” shall have the meaning as is generally associated with that term under the law. The City has agreed to grant

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vested rights in exchange for the Union’s agreement to establish Level 3 Retirees.

In the event that a Level 1 Retiree’s selected medical plan cost is less than the maximum City contribution for any given month, the unused value of the City’s maximum contribution for that month may be applied toward the cost of any vision and/or dental plan, and any remaining amounts shall be automatically forfeited. In the event that a Level 1 Retiree’s selected medical plan cost is greater than the maximum City contribution for any given month, the retiree shall be responsible for paying the resulting difference in cost.

In the event that a future action by the State and/or Federal government creates a health care program that replaces the group health insurance provided by the City, then the City’s total maximum contribution as otherwise provided by this section shall not be permitted to exceed the Level 1 Retiree’s actual monthly cost, if any, of participation in such replacement health care program.

Level 1 Retirees may continue to participate in the City’s dental and/or vision plan subject to plan terms and conditions.

The City will continue the supplemental City -paid contribution upon death of the Level 1 Retiree as long as surviving spouses, domestic partners, or other dependents continue to be eligible to participate in the medical plan subject to all applicable PEMHCA requirements and plan terms and conditions. Dental and vision plan participation shall cease upon the death of the Level 1 Retiree, but surviving spouses, domestic partners, or other dependents can continue under COBRA guidelines.

17.2.3 Level 2 Retirees – Hired between November 25, 2012 and July 31, 2020. After five years of continuous service with the City, employees hired between November 25, 2012 and July 31, 2020 who retire from the City and who are enrolled as a retiree in a PEMHCA plan (“Level 2 Retirees”), the City will pay the PEMHCA minimum contribution as set forth by CalPERS and pursuant to Government Code Section 22892. Additionally, Level 2 Retirees shall have a vested right to retirement health benefits consisting of a supplemental City-paid contribution (inclusive of the PEMHCA minimum contribution), based on their total years of service with CalPERS as follows:

Credit Years of
CalPERS Service
Percentage of City
Contribution
5-10 PEMHCA Minimum
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%

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16 80%
17 85%
18 90%
19 95%
20 100%

The City-paid contribution will be calculated as a percentage of the following amounts:

Flat Dollar amount Effective August 1, 2020
Selected Plan Maximum City Contribution
Employee only $902.63
Employee plus one $1805.26
Family $2346.84

Flat Dollar amount Effective January 1, 2021
Selected Plan Maximum City Contribution
Employee only $938.74
Employee plus one $1877.47
Family $2440.71

Flat Dollar amount Effective January 1, 2022
Selected Plan Maximum City Contribution
Employee only $976.28
Employee plus one $1952.57
Family $2538.34

For example, for a Level 2 Retiree enrolled in a Retiree only plan during the year 2020 with 10 years of CalPERS service, the Retiree would be entitled to 50% contribution, or $451.32. The City will pay $139 per month as the PEMHCA minimum contribution, and will provide up to an additional $312.32 (50% of $451.32 per month as the supplemental City -paid contribution directly to the retiree.

It is the intent of the parties that “vested rights” shall have the meaning as is generally associated with that term under the law. The City has agreed to grant vested rights in exchange for the Union’s agreement to establish Level 3 Retirees.

The City will continue the supplemental City -paid contribution upon death of the Level 2 Retiree as long as surviving spouses, domestic partners, or other dependents continue to be eligible to participate in the medical plan subject to all applicable PEMHCA requirements and plan terms and conditions.

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actual monthly cost, if any, of participation in such replacement health care program.

Level 2 Retirees may participate in the City’s dental and/or vision plan(s) entirely at their own expense and subject to plan terms and conditions. Dental and vision plan participation shall cease upon the death of the Level 2 Retiree, but surviving spouses, domestic partners, or other dependents can continue under COBRA guidelines.

17.2.4 Level 3 Retirees – Hired on or after August 1, 2020 . For employees hired on or after August 1, 2020 who retire from the City and who are enrolled as a retiree in a PEMHCA plan (“Level 3 Retirees”), the City will pay only the PEMHCA minimum
contribution as set forth by CalPERS and pursuant to Government Code Section 22892. There shall be no supplemental City contribution for Level 3 Retirees.

Level 3 Retirees may participate in the City’s dental and/or vision plan(s) entirely at their own expense and subject to plan terms and conditions.

ARTICLE 18: FRINGE BENEFITS

18.1. Public Employees’ Retirement System.

a) All regular employees of the City who work at least twenty (20) hours per week or an average of 87 hours per month are automatically covered by the City’s contract with the California Public Employees Retirement System (CalPERS). Membership shall commence immediately upon employment.
b) First Level Employees: The City provides the 3% @ 55 retirement benefit formula with single highest year compensation consideration for all unit members hired prior to November 25, 2012.
c) Second Level Unit members hired on or after November 25, 2012 and on or before December 31, 2012, and new employees hired as “Classic” members: The City provides the 2% @ 55 retirement benefit formula with three -year average compensation consideration for all unit members hired as new PERS members between November 25, 2012 and December 31, 2012; or as “classic” employees from November 25, 2012 forward or until changed by law. (Classic – those employees meeting eligibility criteria set forth by AB 340 to “transfer” PERS membership from one PERS entity to another PERS entity.) d) PEPRA NEW : The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes a new retirement plan for employees hired on or after January 1, 2013. All employees hired on or after that date shall be subject to the provisions of PEPRA.

18.2 CalPERS Member Contributions . Commencing January 6, 2013, all members of the Cathedral City Professional Firefighters Association shall pay their full CalPERS member contribution, plus any additional PERS contribution as may be negotiated.

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18.3 Uniform and Equipment Allowances . Employees covered by this agreement shall receive one hundred and fifty dollars ($150) per month.

If the department requires an additional uniform, i.e. a dress uniform, the department will provide the initial issue.

Newly hired Firefighters will be provided the initial issue of uniforms consisting of two complete sets (shirts and pants) by the department and the employee will not be eligible to be paid uniform allowance until 12 months after hire date, at which time the employee will be given two additional complete sets (shirt and pants), including department uniform jacket.

A black leather station -wear safety boot will be provided in the future as required safety equipment by the department.

18.4 Deferred Compensation. All employees covered by this Agreement shall be eligible to participate in the City's deferred compensation program, upon request. The City shall match up to $65.00 per pay period for an equal employee contribution.

The City will make available an additional retirement plan through ICMA called a 401(a) to be funded through employee contributions. The 401a plan chosen by the Association will allow members to choose their own individual fixed percentage ranging from 1 -20%. 100% of the bargaining unit must participate for the 401a to be initiated. Once an employee makes their decision it cannot be changed.

18.5 Short Term and Long Term Disability. All employees covered by this Agreement shall be included in the City's long-term disability program providing partial coverage for disabling injuries and illnesses non -industrial in nature (not covered by workers' compensation).

Employees may use their benefit credit or purchase short-term disability insurance offered by the City as an optional benefit. (See Article 17.1.)

18.6 Training. Training required for the EMT -1A certification will be provided when personnel are on duty.

18.7 PERS 1959 Plan Survivor Benefits . Under the City’s PERS contract for Fire Department employees, PERS 1959 Plan survivor benefits are provided at level 4.

18.8 Wellness Benefit. The City acknowledges the side letter agreement dated Nov 1, 2016 in regards to the Wellness Program.

18.9 Life Insurance. The City shall provide life insurance in the amount equal to one (1) times the employee’s annual salary. The cost of such insurance coverage shall be borne by the City. The City is self-insured for any amount in the excess of that carried by the policy.

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ARTICLE 19: AGREEMENT ALL INCLUSIVE

The parties hereto acknowledge that they have engaged in extended negotiations of any and all issues either party has desired to have included in this MOU. The parties recognize that, in the give and take of bargaining, some items sought by the employer have not been agreed upon, and some items sought by the employee association have not been agreed upon. This Agreement constitutes a compromise upon which each party agrees. The parties agree that this MOU is all -inclusive and that no other agreements, undertakings or understandings have been made outside of the specific terms of this Agreement relating to wages, hours or terms or conditions of employment of the employees covered by this Agreement , with the exception of duly negotiated and mutually agreed upon Letter(s) of Agreement . Except by mutual agreement, this MOU is not subject to reopening for any purpose. All of the agreements of the parties are evidenced herein. The absence of reference to any topic shall be deemed as proof that no agreement was reached thereon, and any claim based thereon shall be null and void and of no effect.

Each party has had every opportunity during the course of these negotiations to bring up any new or additional topics it desired to have considered as part of this Agreement, and, for the duration of this Agreement, no additional topics shall be added thereto, except upon specific mutual agreement of the parties evidenced in writing.

Pursuant to Government Code Section 3505.1, this MOU has been jointly prepared by the representatives of the City of Cathedral City and of CCPFA who agree that it shall be presented to the City Council of the City of Cathedral City for its consideration. We recognize that this MOU is not binding unless and until it has been approved by the City Council of the City of Cathedral City.

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APPROVED BY THE CITY COUNCIL

Executed this _______ day of ____________, 2023.

ATTEST:

_____________________________________
Tracey Hermosillo, City Clerk

CITY OF CATHEDRAL CITY CATHEDRAL CITY
PROFESSIONAL FIREFIGHTERS’ ASSOCIATION
IAFF Local 3654

__________________________________________
Charles P. McClendon, City Manager

________________________________________
Josiah Maier

_________________________________________
Eugenia Torres, Human Resources Manager

________________________________________
Taylor Burchartz

_________________________________________
AnnMarie Quintanilla, Human Resources Specialist

_________________________________________
Al Ford, Burke, Williams & Sorensen, LLP

_________________________________________
Brian Olivo, Association Representative

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Cathedral City Page 1 of 2 Printed on 9/21/2023

Staff Report

City Council

Item No. 4.D

Meeting Date: September 27, 2023
From: Eugenia Torres, Human Resources Manager
Title: Approve an Amendment to the CCFMA Memorandum of
Understanding

City Council

RECOMMENDATION:

To approve an Amendment to the Memorandum of Understanding between the City of Cathedral City and Cathedral City Fire Management Association (CCFMA).

BACKGROUND:

On August 9, 2023 , the City Council approved the Memorandum of Understanding (MOU) between the City of Cathedral City and the C athedral City Fire Management Association (CCFMA) for the term of 01/01/2023 -12/31/2025. Upon review, the parties identified corrections that needed to be made to reflect the parties’ agreement.

DISCUSSION:

I. 16.1.4, add the words: “Effective August 1, 2020,” before “the City’s monthly cafeteria plan contribution, inclusive of the PEMHCA minimum monthly contribution, shall be as follows”

II. 12.7 Incorporate side letter scenarios into the MOU re holiday chart

III. 16.1.5, $125 HRA to start 07.06.23

FISCAL IMPACT:

None

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ATTACHMENTS:

Cathedral City-CCFMA MOU_01.01.23-12.31.25 rev. 09.2023

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City of Cathedral City

MEMORANDUM OF

UNDERSTANDING

CATHEDRAL CITY FIRE

MANAGEMENT ASSOCIATION
(CCFMA)
January 1, 2023 – December 31, 2025

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Contents
...................................................................................................................................................................... 0 ARTICLE 1: SEVERABILITY ............................................................................................................................. 4 ARTICLE 2: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR DECERTIFICATION .......... 4 ARTICLE 3: STRIKES AND/OR JOB ACTIONS .................................................................................................. 5 ARTICLE 4: SUCCESSOR NEGOTIATIONS ....................................................................................................... 5 ARTICLE 5: TERM .......................................................................................................................................... 5 ARTICLE 6: GENERAL PROVISIONS ............................................................................................................... 5

6.1 Equal Employment Opportunity. ......................................................................... 5

6.2 Safety and Health. ............................................................................................... 5

6.3 Employee Activities ............................................................................................. 6

6.4 Inconsistent Employee Activities ......................................................................... 6

6.5 Improper Use of City Equipment Prohibited ....................................................... 6

6.6 Political Activity ................................................................................................... 6

6.7 Criminal Conviction – Ineligibility for Employment ............................................. 7

6.8 Smoking. .............................................................................................................. 7

6.9 Organized Mess ................................................................................................... 7

6.10 Shift Trades. ......................................................................................................... 8 ARTICLE 7: MANAGEMENT RIGHTS .............................................................................................................. 9

7.1 Exclusive Control of Certain Aspects ................................................................... 9

7.2 Not subject to Grievance Procedure ................................................................... 9 ARTICLE 8: COMPENSATION ....................................................................................................................... 10

8.1 Salary Increases ................................................................................................. 10

8.2 Salary Advancement .......................................................................................... 10

8.3 Salary on Promotion .......................................................................................... 10

8.4 Salary on Demotion ........................................................................................... 11

8.5 Salary on Reinstatement ................................................................................... 11

8.6 Salary on Transfer .............................................................................................. 11

8.7 Salary on Position Reclassification .................................................................... 11

8.8 Special Salary Adjustments ................................................................................ 11

8.9 Overtime ............................................................................................................ 12

8.10 Payment of Overtime ........................................................................................ 12

8.11 Other Compensatory Time Off .......................................................................... 12

8.12 Call Out Pay ........................................................................................................ 12

8.13 Compensation for Layoff ................................................................................... 12

8.14 Compensation during Suspension ..................................................................... 12

8.15 Salary on Voluntary Demotion .......................................................................... 13

8.16 Compensation for Temporary Assignment to Higher Classification ................. 13

8.17 Bilingual Pay ....................................................................................................... 13

8.18 Compensation for Vehicle Use. ......................................................................... 14

8.19 Correcting Errors in Salary Rate and Other Provisions ...................................... 14

8.20 Paramedic Assignment Differential ................................................................... 14

8.21 Certification and Education Incentives .............................................................. 14

8.22 Management Incentive Pay ............................................................................... 15

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ARTICLE 9: RECRUITMENT AND SELECTION ................................................................................................ 15

9.1 Physical Requirements ...................................................................................... 15

9.2 Separation .......................................................................................................... 15

9.3 Voluntary Demotion .......................................................................................... 16 ARTICLE 10: PROBATION ............................................................................................................................. 16

10.1 Probation Period ................................................................................................ 16

10.2 Probation on Promotion or Reinstatement ....................................................... 16

10.3 Objective of Probationary Period ...................................................................... 16

10.4 Satisfactory Completion of Probation Period .................................................... 16

10.5 Unsuccessful Probation Period .......................................................................... 16

10.6 Unsuccessful Reinstatement Probation ............................................................ 16

10.7 Probation Following Layoff ................................................................................ 16

10.8 Live within City Limits. ....................................................................................... 17 ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES ........................................................................................... 17

11.1 Purpose for Layoffs ............................................................................................ 17

11.2 Order of Layoff. .................................................................................................. 17

11.3 Abolishment of Position(s). ............................................................................... 17

11.4 Layoff Appeal. .................................................................................................... 18

11.5 Reinstatement List. ............................................................................................ 18

11.6 Notification of Layoff ......................................................................................... 18 ARTICLE 12: ATTENDANCE AND LEAVES ..................................................................................................... 18

12.1 Attendance at Work; Absence without Leave. .................................................. 18

12.2 Automatic Resignation. ..................................................................................... 18

12.3 Hours of Work. ................................................................................................... 19

12.4 Work Week. ....................................................................................................... 19

12.5 Leave of Absence; Continuation of Benefits. .................................................... 19

12.6 Vacation Leave. .................................................................................................. 20

12.7 Holiday Pay ........................................................................................................ 21

12.8 Jury Duty. ........................................................................................................... 22

12.9 Bereavement Leave. .......................................................................................... 22

12.10 Sick Leave. .......................................................................................................... 23

12.11 Sick Leave Accrued Limit and Payoff. ................................................................ 23

12.12 Sick Leave Conversion........................................................................................ 24

12.13 Effect of Absence on Sick Leave. ....................................................................... 24

12.14 Family Illness Leave. .......................................................................................... 24

12.15 Unauthorized Leave. .......................................................................................... 24

12.16 Catastrophic Leave Donation. ........................................................................... 24 ARTICLE 12A: CONDUCT AND DISCIPLINE ................................................................................................... 26 12A.1 Standards of Conduct. ....................................................................................... 26 12A.2 Improper Employee Conduct. ........................................................................... 26 12A.3 Disciplinary Action. ............................................................................................ 27 12A.4 Hearings and Appeals. ....................................................................................... 29 ARTICLE 13: GRIEVANCE PROCEDURE ......................................................................................................... 31

13.1 Matters Subject to Grievance Procedures. ....................................................... 31

13.2 Informal Grievance Procedure. ......................................................................... 31

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13.3 Formal Grievance Procedure. ............................................................................ 31

13.4 Appeal to the City Manager. .............................................................................. 31

13.5 Extension of Time Limitations. .......................................................................... 32

13.6 Administrative Appeal Procedure. .................................................................... 32

13.7 The City and CCFMA agree to remove several articles from the MOU ............. 32 ARTICLE 14: EMPLOYEE REPORTS AND RECORDS ....................................................................................... 32

14.1 Personnel File. ................................................................................................... 32

14.2 Disclosure of Information. ................................................................................. 32 ARTICLE 15: EDUCATION INCENTIVES ......................................................................................................... 32

15.1 Education Incentives. ......................................................................................... 32

15.2 Paramedic Recertification. ................................................................................ 33 ARTICLE 16: HEALTH BENEFITS .................................................................................................................. 33

16.1 Employee Health Benefits ................................................................................. 33

16.2 Retirement Health Benefits ............................................................................... 34

16.3 Public Employees’ Retirement System. ............................................................. 38 ARTICLE 17: FRINGE BENEFITS .................................................................................................................... 38

17.1 Uniform/Equipment Allowances ....................................................................... 38

17.2 Deferred Compensation. ................................................................................... 38

17.3 Long Term Disability Income, Accidental Death and Dismemberment ............ 38

17.4 Wellness Program. ............................................................................................. 38

17.5 Life Insurance. .................................................................................................... 39

17.6 Additional Retirement Benefit........................................................................... 39

17.7 PERS 1959 Survivor Benefit. .............................................................................. 39 ARTICLE 18: AGREEMENT ALL INCLUSIVE ................................................................................................... 39

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Attachment: Cathedral City-CCFMA MOU_01.01.23-12.31.25 rev. 09.2023 (3885 : MOU AMENDMENT BETWEEN THE CITY OF CATHEDRAL CITY CCFMA MOU | January 1, 2023– December 31, 2025 rev. 9.2023 4 | P a g e

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CATHEDRAL CITY AND THE CATHEDRAL

CITY FIRE MANAGEMENT ASSOCIATION

This Memorandum of Understanding is entered into with reference to the following facts:

A. The Cathedral City Fire Management Association is recognized under the provisions of the Meyers-Milias-Brown Act of the State of California as the majority representative of the following employees:

All full-time sworn employees of the Cathedral City Fire Department of the rank of Fire Captain and above, except the Fire Chief.

B. Representatives of the Cathedral City Fire Management Association (hereinafter sometimes referred to as “CCFMA”) and the City of Cathedral City (hereinafter sometimes referred to as the "City") have met and conferred in good faith on wages, hours, and other terms and conditions of employment for the employees represented by CCFMA in the bargaining unit listed above and have reached agreements which are set forth in this Memorandum of Understanding (hereinafter sometimes referred to as the "MOU" or "Agreemen t"). The parties have fully discharged their obligations to each other pursuant to the Meyers-Milias-Brown Act (“MMBA,” Gov. Code § 3500 et.seq.) for all matters within the scope of representation for the term of this MOU.

C. This Memorandum of Understanding is established in accordance with the provisions of the Meyers-Milias-Brown Act ( Government Code Section 3500, et seq. ), effective only upon ratification by the City Council of the City of Cathedral City and by majority vote of the bargaining unit of employees represented by CCFMA.

Subject to the foregoing limitations, CCFMA and the City agree as follows:

ARTICLE 1: SEVERABILITY

It is understood and agreed by the parties that this MOU is subject to all present and future applicable Federal and State laws and regulations, and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. The parties hereto have bargained with regards to some provisions which are covered by the Fair Labor Standards Act, and, to the extent that the Fair Labor Standards Act permits employers and employee groups to contract for modification of the procedures otherwise utilized under the Fair Labor Standards Act, and to the extent that such mo dification is authorized by Federal law, the parties intend that this contract shall take precedence over the provisions of the Fair Labor Standards Act. If any part of this Agreement is in conflict or is found to be inconsistent with such applicable provisions of State or Federal law or regulation, or otherwise found to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended, and the provisions of the applicable laws and regulations shall prevail; in such event, however, the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

ARTICLE 2: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR

DECERTIFICATION

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The employee’s earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues. When an employee is in a non-pay status for an entire pay period, no deduction will be made to cover the pay period. In the case of an employee who is in a non-pay status during part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made.

In this circumstance, all other legal and required deductions (including health care deduct ions) have priority over Association dues.

CCFMA agrees to enforce this provision and to indemnify and hold harmless the City, its officers and employees, from all liabilities and/or damages of any nature arising from the application of this section.

ARTICLE 3: STRIKES AND/OR JOB ACTIONS

CCFMA, on behalf of all of its members, agrees that neither CCFMA, nor its representatives, nor members of the CCFMA, shall engage in, cause, instigate, encourage, or condone a strike or job action of any kind during the term of this Agreement.

ARTICLE 4: SUCCESSOR NEGOTIATIONS

Representatives of the City and CCFMA shall commence negotiations for a successor Agreement within a reasonable period of time prior to the expiration of this Agreement. The parties shall also make a good faith effort to conclude said negotiations prior to the expiration of this Agreement.

ARTICLE 5: TERM

The term of this Agreement shall be from January 1, 2023 through December 31, 2025. This Agreement shall not be re-openable for any purpose except by mutual agreement of the parties.

ARTICLE 6: GENERAL PROVISIONS

6.1 Equal Employment Opportunity. Appointments and promotions of individuals shall be made on the basis of job-related standards of education, training, experience, merit and ability. No appointment to or removal from a position in the City’s personnel system shall be affected or influenced by any consideration of race, color, or national origin, religious creed, ancestr y, age, sex, marital status, physical disability, mental disability, medical condition, pregnancy, child birth or related medical condition, sexual orientation, domestic partnership status or religious opinion or affiliation, and and/or other legally protected status.

6.2 Safety and Health. Each employee shall comply with CAL/OSHA safety laws, rules and regulations.

All employees shall follow safe practices, use personal protective equipment as required, render every possible aid to safe operations, and report all unsafe conditions or practices. Special equipment, if it is required, shall be provided by the City.

6.2.1 Intoxicating Substances. Employees should avoid using intoxicating substances at least six (6) hours prior to reporting to the scheduled work shift and at any time during the work day, including lunch or dinner breaks, except when necessary to conduct an approved investigation. Employees shall not have in their possession any intoxicating substances while on duty, unless the possession of such substances is in the course of their duties. No employee shall be on duty while impaired for the performa nce of duty or under the influence of alcohol, any unlawful drug or any controlled substances, or otherwise be in violation of the department’s drug and alcohol policy.

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6.2.2 Safety Equipment. Any safety equipment required by the City or by OSHA regulations shall be provided and replaced by the City.

6.3 Employee Activities. During the employee’s work day, employee is expected to devote their full- time in the performance of their assigned duties as a City employee. No employee shall engage in any outside employment, enterprise, or remunerated activity without the prior approval of their department head or appointing power. At no time shall any such outside employment or activity be conducted on City time. No employee shall engage in any employment, outside activity or enterprise which is inconsistent, incompatible, in conflict with, or interferes with their ability to perform the duties, functions or responsibilities of their position as a City employee, nor shall employee engage in any outside activity which will directly or indirectly contribute to the lessening of their effectiveness as a City employee. No employee shall engage in any type of activity relating to an employee organization during such time as employee is on duty, except as expressly permitted by the City Manager or designee, State and Federal laws, MOU, o r Council resolution.

b) Involves conditions or factors which would be incompatible or in conflict with the duties, functions or responsibilities of the employee in their regular City employment; or,

c) Involves the performance of an act in other than their capacity as a local agency officer or employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee or the agency by which employee is employed; or,

d) Involves such time demands as would render performance of their duties as a local agency officer or employee less efficient; or,

e) Involves the use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or confidential information of one’s City office or employment; or,

f) Involves the solicitation of future employment with a business having business transactions with the City over which the employee has some control or influence in their official capacity at the time of the transaction.

6.5 Improper Use of City Equipment Prohibited . No City -owned equipment, autos, trucks, instruments, tools, supplies, machines, badges, identification cards, or other items which are the property of the City shall be used by an employee except upon prior approval of the employee’s department head or appointing power or designee duly authorized to give such approval.

6.6 Political Activity. Except as necessary to meet requirements, if any, of Federal law, no restrictions shall be placed on the political activities of any officer or employee of the City of Cathedral City other than the following:

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a) Use of office, authority or influence to obtain change in position or compensation. No employee shall, directly or indirectly, use, promise, threaten or attempt to use their office, authority or influence, to secure, or to obstruct or prevent another person from securing, any position, nomination, confirmation, promotion, or change in compensation or position within the City, upon the condition that their vote or another’s vote, influence or action shall be given or used on behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. (Government Code Section 3204.)

b) Soliciting political funds or contributions from other officers or employees. No employee shall directly or indirectly solicit political funds or contributions from other employees of the City.

The employee, however, is not prohibited from communicating through the mail or by other means, requests for political funds or contributions to a significant segment of the public which may include officers or employees of the City. (Government Code Section 3205.)

c) No employee shall engage in political activity during working hours nor engage in political activities at any time on City premises. (Government Code Section 3207.)

d) No employee of the City may engage, during their working hours, in the solicitation or receipt of political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service or other working conditions of the employee s of the City; nor shall entry be permitted into the workplace during working hours for those purposes. (Government Code Section 3209.)

e) Employees, the City and CCFMA shall in all other respects comply with the provisions of Government Code sections 3201-3209.

6.7 Criminal Conviction – Ineligibility for Employment. The parties agree that the City Manager has hiring and firing discretion with respect to individuals convicted of a felony, or of a misdemeanor involving moral turpitude, subject to an employee’s rights outlined in the disciplinary appeals process and the FBOR.

The City Manager and their authorized designees are hereby authorized to have access to the “State Summary Criminal History Information” as provided for in Section 11105 of the California Penal Code , in order to enable the City Manager to fulfill their duties in the employment, supervision and termination of City employees.

6.8 Smoking. City employees are encouraged not to smoke as it is a proven detriment to health, safety and productivity. Smoking is not allowed in City buildings; employees must smoke out-of- doors. Smoking is not permitted while on duty if prohibited by existing dep artment rules.

Smoking is not permitted in City vehicles or other City equipment.

6.9 Organized Mess. All members assigned to a fire station shall participate in an organized mess for the consumption of meals while on duty. Participation shall be at a charge equal to the value of the meal irrespective of whether the employee chooses to eat the meal. Me mbers may be exempted for medical, religious or weight reduction reasons. Otherwise, p articipation is mandatory.

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Attachment: Cathedral City-CCFMA MOU_01.01.23-12.31.25 rev. 09.2023 (3885 : MOU AMENDMENT BETWEEN THE CITY OF CATHEDRAL CITY CCFMA MOU | January 1, 2023– December 31, 2025 rev. 9.2023 8 | P a g e

6.10 Shift Trades. City and employees of CCFMA agree to unlimited shift trades for employees, when approved by the fire chief, effective upon ratification In addition, City and employees of CCFMA agree to comply with all requirements of FLSA section 7(p)(3) and regulation section 29 CFR section 553.31 as follows:

1. FLSA provision : 29 USC section 207(p)(3):
(p) Special detail work for fire protection and law enforcement employees; occasional or sporadic employment; substitution (3) If an individual who is employed in any capacity by a public agency which is a State, political subdivision of a State, or an interstate governmental agency, agrees, with the approval of the public agency and solely at the option of such individual, to substitute during scheduled work hours for another individual who is employed by such agency in the same capacity, the hours such em ployee worked as a substitute shall be excluded by the public agency in the calculation of the hours for which the employee is entitled to overtime compensation under this section.

The US Dept. of Labor regulation, 29 CFR section 553.31:

Sec. 553.31 Substitution--section 7(p) (3).

a) Section 7(p)(3) of the FLSA provides that two individuals employed in any occupation by the same public agency may agree, solely at their option and with the approval of the public agency, to substitute for one another during scheduled work hours in performance of work in the same capacity. The hours worked shall be excluded by the employer in the calculation of the hours for which the substituting employee would otherwise be entitle d to overtime compensation under the Act. Where one employee substitutes for another, each employee will be credited as if employee had worked their normal work schedule for that shift. b) The provisions of section 7(p)(3) apply only if employees' decisions to substitute for one another are made freely and without coercion, direct or implied. An employer may suggest that an employee substitute or “trade time” with another employee working in the same capacity during regularly scheduled hours, but each employee must be free to refuse to perform such work without sanction and without being required to explain or justify the decision. An employee's decision to substitute will be considered to have been made at their sole option when it has been made (i) without fear of reprisal or promise of reward by the employer, and (ii) exclusively for the employee's own convenience.

A public agency which employs individuals who substitute or “trade time” under this subsection is not required to keep a record of the hours of the substitute work. In order to qualify under section 7(p)(3), an agreement between individuals employed by a p ublic agency to substitute for one another at their own option must be approved by the Fire Chief. This requires that the agency be aware of the arrangement prior to the work being done, i.e., the employer must know what work is being done, by whom it is being done, and where and when it is being done. Approval is manifest when the employer is aware of the substitution and indicates approval in whatever manner is customary.

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Attachment: Cathedral City-CCFMA MOU_01.01.23-12.31.25 rev. 09.2023 (3885 : MOU AMENDMENT BETWEEN THE CITY OF CATHEDRAL CITY CCFMA MOU | January 1, 2023– December 31, 2025 rev. 9.2023 9 | P a g e

ARTICLE 7: MANAGEMENT RIGHTS

7.1 Exclusive Control of Certain Aspects. The City of Cathedral City retains all its exclusive rights and authority under State law, and expressly and exclusively retains its management rights and to exercise its management rights without the obligation to meet and confer over the decision to exercise any retained management rights, which include, but not be limited to:

a. the exclusive right to determine the mission of its constituent departments, commissions, and boards;
b. set standards and levels of service;
c. determine the procedures and standards of selection for employment and promotions; d. direct its employees;
e. establish and enforce dress and grooming standards;
f. determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
g. maintain the efficiency of governmental operations;
h. determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
i. determine the content and intent of job classifications; j. determine methods of financing;
k. determine style and/or types of City-issued wearing apparel, equipment or technology to be used;
l. determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted;
m. determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; n. assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
o. establish and modify productivity and performance programs and standards; p. discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law; q. establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and
r. exercise complete control and discretion over its organization and the technology of performing its work.

7.2 Not subject to Grievance Procedure . The exercise by the City through its Council and management representatives of its management rights as set forth above shall not in any way, directly or indirectly, be subject to the grievance procedure. The City shall, on request of CCFMA, meet and confer on the impact, if any, of the exercise of any management rights. This, however, will not in any manner limit the City’s prerogative to exercise any retained management right.

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Attachment: Cathedral City-CCFMA MOU_01.01.23-12.31.25 rev. 09.2023 (3885 : MOU AMENDMENT BETWEEN THE CITY OF CATHEDRAL CITY CCFMA MOU | January 1, 2023– December 31, 2025 rev. 9.2023 10 | P a g e

ARTICLE 8: COMPENSATION

8.1 Salary Increases. The City and CCFMA agree to the following schedule of salary increases to be effective with the start of the pay period following the designated dates:

A. 3.0% effective after ratification (retroactive to May 28, 2023) B. 3.0% effective January 1, 2024
C. 3.0% effective January 1, 2025

8.2 Salary Advancement – Full-time Employees. Except as otherwise provided in this Article, full-time employees may be considered for an increase in salary according to the following rules:

a) Advancement to a next higher merit increase step may be made after a twelve (12) month interval from the hire date or from the effective date of the employee’s last increase, and for continued satisfactory service. A merit increase based on educational or chief officer certification shall not change the otherwise effective merit review date.

b) At the time of each employee’s next merit review, as extended, advancement to a next higher merit increase step may be made. Thereafter, advance to a next higher merit step increase may be made after a twelve (12) month interval from the hire date or the date of the las t merit increase, whichever is most recent, for continued satisfactory service.

c) Except for the extension of the merit review date as specified in subparagraph a, advancement to the next higher merit increase step shall not be automatic. Such salary increase or denial of salary increase shall require the specific recommendation, throu gh a performance evaluation, of the employee’s department head and the approval of the Personnel Director. When an employee is denied an increase, employee may be reconsidered for such advancement at any subsequent time with a satisfactory performance evaluation.

d) Except for the extension of the merit review date as specified in subparagraph a, advancement to merit steps 6 and above may occur after two (2) years satisfactory service in the next preceding step in the respective salary range. Any such advancement shall be granted only as a result of a written evaluation of continued meritorious and efficient service and continued improvement by the employee in the effective performance of the duties of their position.

e) For employees hired prior to January 7, 2015 only, a 7.5% longevity pay adjustment shall occur after fifteen (15) years of City employment ; an additional 5% longevity pay adjustment shall occur after twenty (20) years; and an additional 2.5% longevity pay adjustment shall occur after twenty-five (25) years of City employment. Employees hired on or after January 7, 2015 are not eligible.

8.3 Salary on Promotion. Any employee who is promoted to an open position in a class with a higher salary range shall be placed on Step A in the new higher range or placed at the step which provides at least a minimum 5% salary increase for the employee, not to exceed the highest merit/longevity

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increase step of the new range. The employee’s merit review date shall change to the effective date of the promotion for consideration in subsequent years.

When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for promotion indicate that a higher merit increase step would be in the City’s best interests, upon written recommendation of the department head, the Cit y Manager may authorize payment of salary at a higher merit/longevity increase step in the salary range.

8.4 Salary on Demotion. Any employee who is demoted may be placed at a lower step, or may be placed at a step in a lower range or may be placed at step “Y” which is equal to the employee’s current salary step. The employee’s merit review date shall not change.

An employee receiving Step “Y” shall remain in the Step “Y” until such time as the position is assigned to a salary range in which the last step is equivalent to or higher than the Step “Y”, at which time the employee shall be placed in the next highest step. Such employee shall not receive salary adjustments until such time as Step “Y” is equivalent to or less than the highest merit increase step of the salary range of the employee’s position.

8.5 Salary on Reinstatement. An employee who resigned in good standing may, within one (1) year of such resignation and upon recommendation of the department head and approval of the City Manager, be reinstated in a position in the class in which the employee had previously served, subject to an available budgeted position. Upon such reinstatement, the employee shall not receive a salary higher than the step in the salary range the employee previously received prior to the employee’s separation. The employee shall be given a new merit review date, as if a new hire.

8.6 Salary on Transfer . Any employee who is transferred from one position to another position in the same class, or to another position in a classification having the same salary range, shall be compensated at the same step in the salary range as the employee previously receive d. The employee’s merit review date shall not change.

8.7 Salary on Position Reclassification. When an employee in the classified service is reclassified to a lower classification, the employee shall retain their rate of pay and their merit review date or shall be placed in the step of the lower salary range closest to the employee’s salary rate. If the last step of the salary range of the lower job class is lower than the employee’s salary rate, the current salary step shall be identified as Step “Y” because of a downward reclassification, and the employee shall remain in the Step “Y” until such time as their job is assigned to a salary range in which the highest step is equivalent to or higher than the Step “Y”, at which time the emp loyee shall be placed in the next higher step. Such employee shall not receive annual or other periodic salary adjustments until such time as Step “Y” is equivalent to or less than the highest step of the salary range of the employee’s reclassified positi on. When an employee is reclassified to an equivalent classification, the employee shall retain their salary rate and merit review date. When an employee is reclassified to a higher classification, the employee shall be placed on Step A in the new higher range or placed at the step which is a minimum 5% salary increase for the employee, not to exceed the highest merit increase step of the new range. The employee’s merit review date shall change to the effective date of the reclassification for considerat ion in subsequent years.

8.8 Special Salary Adjustments . A department head may recommend in writing , to raise an employee’s salary step to a higher merit/longevity increase step prior to the eligibility times specified in this article so as to recognize meritorious service, advanced educational achievements

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or other extraordinary attributes related to the employee’s public service. Such increased compensation is subject to the approval of the City Manager and the availability of budgeted funds. The employee’s merit review date shall change to the effective date of the special increase.

8.9 Overtime. A department head may require an employee to work beyond the employee’s regular hours of employment. Any overtime hours worked by Fire Captains, Fire Battalion Chiefs and Division Chiefs will be paid for at the usual time and one-half rate.

As a 24-hour shift employee, a regular schedule includes eight (8) 24-hour shifts during a 24-day work cycle for a total of 192 hours. Of the 192 hours, 10 hours shall be paid at the overtime rate of pay. All hours are to be considered “hours worked” with the exception of sick leave, banked holiday hours and floating holiday hours, for the purpose of calculating overtime rate of pay, for hours in excess of a regular schedule.

8.10 Payment of Overtime. All overtime hours worked during the standard 14-day pay period shall be paid at straight time on the regular biweekly pay schedule. Upon completion of the 24-day work cycle, the balance of payment for overtime worked during that cycle shall be paid as “true-up” subject to sick leave provisions defined in Article 8.9.

8.11 Other Compensatory Time Off. The City Manager may grant compensatory time off to any City employee in unique situations where actions of the employee, over and above the call of duty, clearly merit such consideration.

8.12 Call Out Pay. For Fire Battalion and Division Chiefs only, the City shall pay for any call out during any weekend or after hours call out if the employee had been released from work on a normal business day.

8.13 Compensation for Layoff. An employee who is terminated from the classified service of the City as a result of a layoff shall be paid for accrued vacation and accrued overtime. Payment shall also be made under the provisions of Section 12.11, if a laid off employee has three (3) or more years of employment with the City. Accrued sick leave shall be restored to an employee if the employee is re-employed within one (1) year. Should an employee be re -employed in the formerly held position, the employee shall be placed at the same salary step as when the layoff occurred. No credit shall be received toward a step increase or seniority during the period of layoff.

For those members of the Association who are laid off, the City shall provide severance pay in an amount equal to three (3) months’ base salary.

Employees who have attained regular status at the time of layoff and who are re-employed within a period of one (1) year shall retain their assigned merit review dates. Regular employees who are re-employed after a period of one (1) year will be assigned a new merit review date.

8.14 Compensation during Suspension . An employee who is suspended with pay under the disciplinary procedures shall be paid normal salary at that salary rate that the employee was entitled to prior to the suspension. An employee who is suspended without pay under the disciplinary procedures shall not be paid for those specific days of suspension. Additionally, an employee suspended without pay shall not accrue sick leave, vacation, seniority or other benefits during a suspension of more than fifteen (15) working days, except that health and life insurance benefits will be maintained.

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8.15 Salary on Voluntary Demotion. At the discretion of the City Manager, any employee who elects to take a voluntary demotion may be placed at a lower step, or may be placed at a step in a lower range or may be placed at Step “Y” which is equal to the employee’s current salary step. The employee’s merit review date shall not change.

An employee receiving Step “Y” shall remain in the Step “Y” until such time as the position is assigned to a salary range in which the highest merit increase step is equivalent to or higher than the Step “Y” at which time the employee shall be placed in th e next higher merit increase step.

Such employee shall not receive salary adjustments until such time as Step “Y” is equivalent to or less than the highest step of the salary range of the employee’s position.

8.16 Compensation for Temporary Assignment to Higher Classification . An employee shall receive adjusted compensation of five percent (5%) of their base rate of salary for working in an assignment in a higher classification. Working at a higher classification shall mean that the employee is performing a significant part of the duties of a position in a higher salary range .

Employees will begin to receive the adjusted compensation on the first day they work in the higher classification.

Employees may not be assigned to work in a higher classification for longer than six (6) months.

An extension of this time may be approved in writing with the concurrence of the Fire Chief and the Human Resources Manager for up to an additional six (6) mon ths, for a total term of twelve (12) months. However, when an appointment is made under this section due to a position that is vacant and is scheduled to be filled following the completion of a recruitment process, the temporary out-of-class assignment is limited to 960 hours in a fiscal year.

8.17 Bilingual Pay . Employees who have the ability to fluently converse in Spanish or another language may be designated as a bilingual employee required to use their skills as a part of their City employment. This designation must be made by the Fire Chief or designee and approved by the City Manager or designee in writing. Designated employees shall receive a lump sum payment in the amount of $ 100.00 per pay period unless or until said compensation is voluntarily eliminated by the employee. An employee’s refusal to use bilingual skills will result in the elimination of the bilingual pay. Eligible employees must successfully pass an initial assessment to receive su ch compensation. Changes to the assessment process are subject to meet and confer. New employees and employees coming into the unit (individuals promoted) must take and pass an initial assessment to be eligible to receive this pay.

Employees on any form of leave time in excess of 30 consecutive calendar days shall be deemed not to be using their bilingual skills on a regular basis and shall be ineligible to receive bilingual pay until the employee returns to duty.

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The parties agree that, to the extent permitted by law (2 CCR section 571 and 2 CCR section 571.1), bilingual pay shall be reported to CalPERS as special compensation or pensionable compensation.

8.18 Compensation for Vehicle Use. An employee shall be compensated for use of the employee’s personal vehicle on City business under rules set forth by the City Manager and at the rate set by City Council resolution.

8.19 Correcting Errors in Salary Rate and Other Provisions. Should an employee be paid on the basis of a higher step in the salary range for their class than that for which employee was recommended, or receive additional salary than that authorized, or accrue leaves or receive other benefits through error, such error shall be corrected immediately following its discovery.

Reimbursement to the City by the employee of the overpayment caused by said error shall be made by one of the following methods or a combination thereof:

a) Application of accrued equivalent time off for overtime service; b) Application of equivalent time off for overtime service earned during the time immediately following the date of the discovery of said error; c) Application of the increase in the employee’s salary following their next merit or longevity merit salary increase; or
d) Any other method mutually agreed to.

Determination of which one or combination of the above methods of reimbursement should be used shall be made by the department head in consultation with the affected employee, subject to the approval of the City Manager, subject to the grievance procedures of Article 13. Should the employee terminate before full reimbursement to the City has been made the money required to complete reimbursement shall be deducted from their last paycheck, if authorized by law. Reimbursement shall not be sought for payment s made more than one (1) year prior to discovery, unless the error was caused by the affected employee.

8.20 Paramedic Assignment Differential . Any Fire Captain whose regular work assignment is not a primary paramedic on a fire unit, shall receive a 5% stipend when required to serve as a primary paramedic. To be eligible for the paramedic stipend, the employee must possess a current paramedic certificate. The employee will be eligible to receive the paramedic stipend after serving as a primary paramedic for five (5) consecutive shifts. Any Fire Captain who is fully qualified and licensed as a paramedic, but not regularly assigned to such dutie s, shall receive a monthly differential of $100 for maintaining their certification and for occasionally filling in as needed, and must serve as needed as a paramedic until the certification expires.

8.21 Certification and Education Incentives.

a) Fire Captains. Fire Captains who possess a California Community College Associate Degree (any major), or an equivalent degree from an accredited post -secondary institution, or have earned an equivalent number of units (i.e., sixty (60) semester units or ninety (90) quart er units in fire service and/or public safety courses) at an accredited post-secondary institution, have completed at least two (2) classes of the State Fire Marshall educational requirements offered by State Fire Training for Chief Officer certification shall be compensated five percent (5%) of base salary.

Fire Captains hired prior to November 25, 2012 who possess a Bachelor of Arts or Bachelor of Science degree or a Chief Officer certificate shall be compensated five percent (5%) of base salary. Members hired on or after November 25, 2012 and those not already holding a Chief

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Officer certificate must meet State Fire Marshall educational and experience requirements for Chief Officer as most recently published by the State Fire Marshall at the time of submission (January 2015, Associate Degree or higher, and having two (2) years’ experience at the officer level).

In no case shall these incentives exceed a total of ten percent (10%) of base salary.

b) Battalion Chiefs and Division Chiefs. Battalion Chiefs and Division Chiefs who possess a Fire Chief designation as identified by the State Fire Marshall’s Office shall be compensated five percent (5%) of base salary. In addition, Battalion Chiefs and Division Chiefs who possess a Master's degree shall be compensated five percent (5%) of base salary.

When an employee who is receiving an educational degree incentive under this provision is promoted to an open position in a class with a higher salary range in which an educational degree is required, the employee’s educational degree incentive is taken in to consideration when determining step placement within the higher range under section 8.3 of this MOU.

8.22 Management Incentive Pay. The City shall pay Fire Division Chiefs 3.85 hours per pay period of additional compensation as management incentive pay. The management incentive pay for Fire Division Chiefs shall not exceed one hundred (100) hours per year.

The City shall pay Fire Battalion Chiefs 1.55 hours per pay period of additional compensation as management incentive pay. The management incentive pay for Fire Battalion Chiefs shall not exceed forty (40) hours per year.

ARTICLE 9: RECRUITMENT AND SELECTION

9.1 Physical Requirements. The City Manager may require that each applicant and employee be in such physical and mental condition as reasonably necessary to properly perform the duties of their job and may require a medical or psychological evaluation at City’s expense at any time on a showing of good cause. No employee shall hold any position in a classification in which employee cannot physically or mentally perform all the duties of the job adequately or without hazard to themselves or others. Within the limitations indicated, the City’s policy shall be to make such efforts as are consistent with the provisions of this Agreement to place physically disabled employees in such positions as are available in the City service for which they are qualified, where their disabilities will not substantially interfere with their performance of duties. The employee’s qualifications, length of service, nature of past performance and the availability of openings may be considered in placing disabled employees. The City shall make reasonable accommodations for disability, as required by law.

9.2 Separation. An employee in the classified service may be separated from employment with the City through retirement, for mental or physical inability to perform the duties of the job, resignation, probationary failure, death, dismissal, or layoff. An employee choosing to resign shall file with the employee’s supervisor a written resignation stating the effective date. Such resignation shall be presented at least two (2) weeks before leaving the service. (Failure to present the resignation in advance as specified shall justify a decision by the Human Resources Manager to note on the personnel file that the employee is not eligible for rehire.) The resignation shall be immediately reported to the Human Resources Manager. The other forms of separation described above are explained elsewhere in this MOU. Prior to separation, an employee must return all City items issued to them in order to receive final compensation, failing which the City

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may withhold from final compensation, to the extent permitted by law, the reasonable value of unreturned property.

9.3 Voluntary Demotion. An employee may request a voluntary demotion under the disciplinary procedures, in lieu of other discipline, or for reasons stated in a special request to the City Manager. The City Manager shall have full discretion in determining whether to approve su ch request.

ARTICLE 10: PROBATION

10.1 Probation Period. The initial probationary period for full-time employees of the City covered by this Agreement is twelve (12) months or 2912 working hours, whichever is greater.

10.2 Probation on Promotion or Reinstatement. Except as otherwise provided in a written agreement, a promoted or reinstated employee serves a total probationary period of twelve (12) months or 2912 hours, whichever is greater . Promotions on r einstatements will not be permanent until the successful completion of this probationary period.

10.4 Satisfactory Completion of Probation Period. If a probationary employee’s probation period has been satisfactory, and advancement to regular status is warranted, the department head shall so recommend with a performance evaluation submitted to the Human Resources Manager . The Human Resources Manager, upon receipt, shall ensure that the employee meets the requirements to successfully pass probation as set forth in the MOU (e.g. completing 12 months or 2912 hours worked, whichever is greater). The employee shall then be advanced to regular status.

10.5 Unsuccessful Probation Period . If a probationary employee’s initial probation period has not been satisfactory, it shall be so stated in a Personnel Action Form. The City Manager, by signing the Personnel Action Form, may authorize the release of the employee without cause and without the right of appeal or grievance, unless otherwise required by law, except that a prob ationary promotional employee shall be returned to the position from which employee had been promoted. Notification of failure of probation or other action shall be in writing and shall be given to the probationary employee prior to release from employment for any initial probationary employee, or return to the former position for a promotional probationary employee.

10.6 Unsuccessful Reinstatement Probation . If a probationary employee’s performance following reinstatement has not been satisfactory, it shall be so stated in a performance evaluation. In cases involving reinstatement, the City Manager, upon receipt of a performance evaluation, may authorize the release of the employee under the provisions of Section 10.5.

10.7 Probation Following Layoff . Employees laid off while on probation must serve a new probationary period following re-employment.

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10.8 Live within City Limits.

a. Employees hired on or after January 1, 2023, shall live within 150 miles of the City limits by the end of their probationary period. The calculation of the 150 miles shall be made using Google Maps driving directions.

This section (b) will have a delayed implementation until December 31, 2025.

ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES

11.1 Purpose for Layoffs. For reasons of economy, of efficiency, or in the interest or mandate of the public, reductions or curtailments of the City services may be required. Whenever, in the judgment of the City Council, it becomes necessary, the City Council may abolish any po sition or employment and the employee holding such position or employment may be laid off.

11.2 Order of Layoff. (Applicable to all employees.) In the event of a layoff, the following order shall be followed:

a) Temporary, interim and probationary employees within the unit shall be laid off prior to the layoff of any regular employee in the same classification. b) There shall be “bumping” rights within the CCFMA and CCPFA membership such that individuals in higher-ranking positions, if meeting Bona Fide Occupational Qualifications (BFOQ) for that class , may “bump” into a lower rank if layoffs occur . The individual bumping must have previously held a position in the lower rank with the Cathedral City Fire Department. If any member is bumped into a lower position and had not completed probation, then that member must complete the probation for that rank; however, the employee is still considered a permanent employee for purposes of bumping. c) Seniority in a member’s “bumped” class shall consist of time in rank from the previous class, plus time in class from the last previously held class. (Example: Engineer with five years in class plus five years in class as Captain brings ten years of seniority to the bumped class.) The member “bumping” back must meet the BFOQ for the class into which employee is bumping.
d) Any member who is “bumped” down will have the first right to “bump back” to the original position they were “bumped” from, regardless of any current promotional lists established. The member “bumping back” must meet the BFOQ for the class into which employee is bumping.

11.3 Abolishment of Position(s). When layoffs are to occur, the City Manager shall prepare a list of those positions to be abolished in each department. For each affected department, the City Manager shall assemble a list of those employees within the classification designated for position abolishment. Such list shall be forwarded to the department head. The department head shall prepare a list establishing the order of employee layoffs within a classification.

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11.4 Layoff Appeal. A regular employee shall have the right to request review on appeal. Such request must be made in writing to the City Manager within five (5) working days after receipt of a layoff notice. The City Manager shall prepare and deliver a decision on the appeal within five (5) working days after receipt of the appeal.

The scope of the appeal shall not include such issues as the need for layoff, the reasons for layoff, the extent of layoff, the classifications selected for layoff, or the exercise of other City prerogatives involved in layoff. The issues of such appeal s hall be limited only to whether or not there was substantial compliance with the procedures for layoffs and the established order of departmental layoff within a classification.

11.5 Reinstatement List. In the event of layoff of permanent employees, the employee shall be carried for up to one (1) year on a reinstatement list and the City shall be obliged to return them to the classification from which they were laid off if an opening in that classification should occur within one (1) year of the effective date of the layoff and the laid off employee is next on the reinstatement list for that classification . Further, the employee shall be entitled to re - employment consideration for any position for which employee is qualified. Placement on such list does not assure re -employment for any particular vacancy, other than the class from which the employee was laid off, but does assure eligibility for consideration. Any reinstated employee shall serve an initial probationary period as specified in Section 10.1.

11.6 Notification of Layoff . When a layoff is to occur, the City will notify the employee and the designated bargaining unit representative at least sixty (60) calendar days prior to the effective date of layoff. It is understood that, during this period, bargaining unit representatives may submit recommendations regarding layoff alternatives, such as reductions in hours, freezing merit pay increases or other similar programs which will result in reduction of the City’s labor costs.

The bargaining unit representative shall respond to the City within fifteen (15) calendar days following the notice.

ARTICLE 12: ATTENDANCE AND LEAVES

12.1 Attendance at Work; Absence without Leave. Employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees, which shall be reported to the Administrative Services Director, or their designee, in the form and on the dates they shall specify.

12.2 Automatic Resignation. Absence without leave, whether voluntary or involuntary, for five (5) consecutive working days, is an automatic resignation from City employment, as of the last date on which the employee worked. Any employee who fails to report for work within forty -eight (48) hours after delivery of a certified letter delivered by the U.S. mail to the employee’s last known address, who by the expiration of the forty-eight (48) hours has missed or will have missed five (5) or more consecutive working days, shall also be deemed to have resigned from City employment, as of the last date on which the employee worked. Upon a determination by the department head or Human Resources Manager that such an absence has occurred, and that the employee has resigned, notice of the deemed automatic resignation and of the employee’s right to request reinstatement for good cause upon timely request therefor, shall be sent by ordinary first class mail, postage prepaid thereon, or by certified mail, or both, to the employee at their

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last known address. An employee who has been deemed to have automatically resigned in accordance with the terms of this Section shall have fifteen (15) days after the date of mailing of such notice within which to request reinstatement. Any request for reinstatement must be made in writing and must be received by the City within fifteen (15) days of the date of mailing of the notice. Request for reinstatement may be made within ninety (90) days after the effective date of the deemed resignation if the no tice specified above was not sent to the employee in the manner specified in this Section. Reinstatement shall be granted only if the employee makes a satisfactory explanation to the department head as to the cause of their absence and as to the reason for their failure to obtain leave therefor. Evidence that the employee reasonably believed leave had been granted shall justify reinstatement. The department head, in order for reinstatement to occur, shall find that the employee is ready, able and willing to resume the performance of the duties of the employee’s former position or, if not then able to immediately resume such duties, the department head may consent to a leave of absence to commence upon reinstatement. An employee so reinstated shall not be paid salary for the period of their absence or separation or any portion thereof. Denial of reinstatement shall be subject to appeal. In determining the employee’s rights under all the circumstances, the City shall have the burden to establish that the absence was in fact unauthorized and that the department head reasonably believed the employee had abandoned their employment.

12.3 Hours of Work. Daily hours of work (or shifts) for employees within departments shall be assigned by department heads as required to meet the operational requirements of said department. Any foreseeable absence or deviation from regularly scheduled working hours desired by an employee shall, in advance, be cleared through the employee’s department head, and such absences shall be noted on the employee’s time sheet.

Unless otherwise authorized by the City Manager, the City offices shall be kept open for regular business on all days of the year except Saturday, Sunday and holidays approved by Council.

Employees for whom necessity requires a different regular work sche dule than that generally applied, shall work according to a work schedule approved by the employee’s department head.

12.3.1 Work Period: The work period, under the Fair Labor Standards Act’s 7k exemption, is based on a cycle providing for consecutive work periods of twenty-four (24) days each.

12.3.2 Work Schedule. The work schedule is a “48/96" schedule under which employees will work forty-eight (48) consecutive hours, followed by ninety-six (96) consecutive hours off from work.

12.4 Work Week. For employees not subject to the 24-day work cycle described above, the work week begins as 12:01 am Sunday and ends at Midnight the following Saturday (seven [7] consecutive days)

12.5 Leave of Absence; Continuation of Benefits. The City Manager, with the concurrence of the affected department head, may grant a regular employee a leave of absence for a period not to exceed one year. No such leave shall be granted except upon written request of the employee setting forth the reason for the request. Approval shall be in writing.

Upon expiration of an approved leave, the employee shall be reinstated in the position held at the time leave was granted, subject to the conditions of the leave or as provided by State and/or Federal laws. Failure on the part of an employee on leave to r eport promptly at its expiration shall be cause for dismissal. The depositing in the U.S. mail of a certified letter, addressed to the

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employee’s last known place of address shall be reasonable notice of dismissal for failure to return to work.

Such a leave shall generally be without pay, provided that the City Manager shall have discretion to grant pay for the first fifteen (15) consecutive work days. Any employee on an approved leave of absence shall accrue no vacation and no sick leave after fifteen (15) consecutive work days.

City contributions to retirement and medical plans shall be suspended until the employee is reinstated. An employee who is on leave of absence shall be responsible for reimbursing the City for any payroll deductions th at the employee has authorized. An employee reinstated after a leave of absence shall receive the same step in the salary range the employee received when the leave of absence began. Time spent on such leave shall not count towards service for increases within the salary range or benefit accruals. The employee’s anniversary shall be set forward in time one month for each thirty (30) consecutive calendar days taken. The employee shall retain accumulated vacation credits, sick leave credits, and other sim ilar credits; however, such credits or seniority shall not accrue to a person granted such leave during the period of absence. When an employee is granted a leave of absence without pay, the City shall discontinue payment of medical and other similar insurance premiums for the employee and dependents. At the time the employee requests a leave of absence, the employee may pre -pay the insurance premiums by depositing funds with the Finance Department prior to the expiration of coverage, provided that such a continuation of coverage is authorized by the City’s contract for medical insurance.

12.6 Vacation Leave.

12.6.1 Vacations. All employees (except Fire Captains who work twenty -four (24) hour shifts) shall accrue vacation credits according to the following schedule:

Hrs. /Pay Period Hrs. /Yr.

Less than 2 years employment 3.69 96
2 years to 5 years 4.62 120
6 to 9 years 5.54 144
10 to 14 years 6.46 168
15 years or more 8.31 216

Fire Captains who work twenty-four (24) hour shifts shall accrue vacation credits on the same basis as firefighters, to wit:

Hrs. /Pay Period Hrs. /Yr.

Less than 2 years employment 5.54 144
2 years to 5 years 6.92 180
6 to 9 years 8.31 216
10 to 14 years 9.69 252
15 years or more 12.46 324

For deduction purposes, one shift off equals twenty-four (24) hours.

12.6.2 Vacation Accumulation; Cashing Out Option. Employees are encouraged to use their accrued vacation time annually and will be allowed to use their accrued vacation regardless of any impact on overtime . Earned vacation credits shall be accumulated.

Employees may, however, carry over unused vacation credits to succeeding calendar years. Except upon written approval by the City Manager, accumulated vacation credits

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shall not exceed the employee’s two (2) year maximum rate of accrual. Accumulated vacation time which exceeds the two (2) year accrual maximum, and is not carried by approval, must be paid as time worked.

Upon a four (4) week prior written request, one (1) time per calendar year, each employee may receive pay for unused vacation time; provided, however, that a minimum of at least once in the preceding twelve (12) months, forty eight (48) hours of vacation time or vacation time combined with credited holiday leave is taken off in a block which guarantees a minimum of one (1) full work week off at one time. The City Manager may waive this condition if employee is satisfied adequate vacation will be taken in the immediate future.

12.6.3 Holidays or Illness within Vacation Period. Holidays falling within the vacation period shall not be considered as part of the employee’s vacation and shall not be charged against vacation credits. Illness during a vacation period shall not be considered as sick leave, unless confirmed by a physician’s statement and approved by the City Manager.

12.6.4 Vacation Credits when Employment Terminates. Upon termination of employment, an employee shall be paid for unused vacation credits.

12.6.5 Effect of Absence on Vacation Crediting. Absence due to sick leave or other approved leave of absence will not affect computations for vacation credits unless such absences exceed one month, in which case the time of said absence (unless such absence is for vacation being used) shall be excluded from computation.

12.6.6 Fire Department Vacation Policy. All fire department bargaining unit members may, in a particular year, utilize an amount of accrued vacation time equal to the number of hours employee will earn during that particular year. Utilization of such vacation time shall not be dependent upon the Department’s need to fill overtime. If, however, a Fire Captain wishes to use an amount of vacation time greater than the total number of hours accruable in a given year, the Department’s need to use overtime to cover their position may be considered.

12.7 Holiday Pay

a) Holidays - Extra Pay for Working on a Holiday. Employees regularly scheduled to work on a holiday by a supervisor in order to maintain City services shall be paid their regular straight time pay, plus extra compensation of time and one half at the employees’ regular rate of pay for the hours worked on the holiday (therefore, total compensation for an employee working on a holiday will be 2.5 times the employee’s regular rate of pay). A holiday consists of 12 hours. This is broken down as follows:

24-hour shift worked
12 hours Regular Pay PERSABLE 12 Hours Holiday Pay PERSABLE
12 Hours at time and a half (18 Hours) PERSABLE
TOTAL HOURS PAID 42-Hours

b) Holiday Bank – The City recognizes Holidays through the City Council’s Holiday Resolution.

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c) The City will not lower the number of CalPERS holidays that currently exist and will report holidays as required per the guidelines and requirements.

When a holiday falls on an employee’s regularly scheduled day off, the employee will accrue 12 hours in their Holiday Bank. Employees will have the option of using these hours throughout the year or cashing out. The cash out must be done at least annually (July 1 - June 30) and reported in the period the holiday was earned. Upon requesting a cash -out, the employee must identify the holiday employee is cashing out on the appropriate form approved by finance. These hours shall be reported pursuant to the policies, rules and requirements outlined by CalPERS. These hours do not count as time worked for the purpose of calculating overtime.

When an employee does not actually work a regularly scheduled day, employees will not receive extra compensation of time and one half.

The below chart outlines possible scenarios, and the benefit members will receive:

Scenario Process
*Scheduled/Actually Worked Same
Not Scheduled/Actually Worked (OT Shift) 24 OT = 36
12 Hours into Holiday Bank = 12
Not Scheduled/Not Worked Same
Scheduled/Sick 24 Hours out of Sick Bank = 24
12 Hours Holiday Bank = 12
Scheduled/Vacation 24 Hours out of Vacation Bank = 24
12 Hours into Holiday Bank
Didn’t Work/Covid Admin 24 Hours Covid Admin
12 Hours into Holiday Bank
Didn’t Work/IOD 24 Hours IOD/Sick
12 Hours into Holiday Bank
*For disciplinary admin situations, the schedule/actually worked scenario is applicable.

d) In addition, employees shall be credited with one (1) Floating Holiday of twelve (12) hours per year. Employees will have the option of using these hours throughout the year or cashing out all hours before July 1 of each year. Floating holidays do not coun t as time worked for the purpose of calculating overtime. The hours shall be placed in the employees’ Float Bank in the following manner:
i. Twelve (12) hours on August 1st

12.8 Jury Duty. An employee summoned to and serving on jury duty shall submit evidence of the Summons to the department head. The employee may be absent from duty with pay for time required to be away from the employee’s regularly scheduled work hours. An employee who is released by the court from jury duty on any regularly scheduled work day shall return to work to complete any remaining portion of regularly scheduled work hours unless otherwise excused by the department head. The employee shall be entitled to retain juror fees as reimbursement for expenses associated with jury duty.

12.9 Bereavement Leave. Bereavement leave with pay, not to exceed three (3) days per year, shall be allowed for full -time employees, except Fire Captains, Battalion Chiefs and Division Chiefs who work twenty-four (24) hour shifts, at the discretion of the City Manager. Bereavement leave with pay for Fire Captains, Battalion Chiefs and Division Chiefs who work twenty-four (24) hour shifts,

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not exceeding seventy-two (72) hours, shall be granted, at the discretion of the City Manager. If the employee needs additional time off due to the death of a member of the employee ’s immediate family, said time off shall be taken from the employee’s accrued sick leave.

Leave shall be based on demonstrated need and shall be limited to death within the immediate family. The immediate family is defined as the employee’s mother, father, brother, sister, spouse/domestic partner, children, grandparents, and legal guardians, or any in-law bearing one of those relationships to the employee’s spouse/domestic partner.

12.10 Sick Leave. An employee may use accrued sick leave for illness of the employee or physical incapacity of the employee due to illness or injury, or for physical examinations, including eyes, dentist appointments or other commonly accepted health related matters. Employees shall be eligible to use sick leave to attend to a seriously ill parent, child, spouse or domesti c partner to the extent allowed by Labor Code section 233.

All regular full-time employees working a 40-hour week shall be credited with 3.69 hours of sick leave per pay period, or major fraction thereof. Fire Captains, Battalion Chiefs and Division Chiefs working twenty-four (24) hour shift assignments shall be credited with 7.38 hours per pay period or major fraction thereof. Accrued sick leave may be used for illness of the employee or physical incapacity of the employee, or for physical examinations, including eyes, dentist appointments or other commonly accepted health related matters.

If an absence because of illness or disability extends beyond two (2) consecutive scheduled work days or the employee has used more than four (4) sick days in a calendar year, the employee may be required to submit a physician’s written certification to th e department head before the employee is eligible to receive sick leave pay.

Observed holidays occurring during sick leave shall not be charged against an employee’s accrued sick leave.

An employee may be required to take physical examinations at periodic intervals while on sick leave from a physician designated and paid for by the City.

In the event that an employee uses all the sick leave employee has accrued, employee then shall have the vacation days employee has accrued deducted for each day employee is absent due to illness. Vacation days shall continue to be deducted until the employee either returns to work or all of accrued vacation days are used. The employee may apply to receive a leave of absence without pay if the employee does not have any accrued vacation or sick days.

For purposes of this section, relating to employees working twenty -four (24) hour shift assignments, one (1) day of sick leave equals twenty-four (24) hours.

12.11 Sick Leave Accrued Limit and Payoff.

24 Hour Shift Employees. Any unused portion of accumulated sick leave may be carried over into the next calendar year provided, however, an employee’s accumulated sick leave may not exceed 1440 hours unused sick leave; sick leave over the maximum will be paid out in November of each year. However, to encourage attendance at work and discourage the frivolous use of excess sick leave, employees with continuous employment of five (5) years or more may receive a payment in cash of 25% of unused sick leave when they resign or retire.

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Employees with continuous employment over nine (9) years may receive in cash 50% of the unused sick leave when they resign or retire. This compensation in cash shall be at base salary rate.

Upon four (4) weeks advance notice, one (1) time in any fiscal year, an employee is entitled upon request to payment for accumulated sick leave in excess of four hundred twenty-eight (428) hours; payment shall be base salary rate.

Employees hired on or after November 25, 2012 may accrue sick leave without limit, but may not cash out unused sick leave. Instead, sick leave may be converted to PERS service credit upon retirement.

12.12 Sick Leave Conversion. Employees hired prior to November 25, 2012 with at least three (3) years employment with the City may at their option convert accrued sick leave in excess of one hundred twenty (120) hours (one hundred eighty [180] for members of the Association on twenty-four (24) hour shift work) to be vacation days in accordance with the following schedule:

Employees with more than three (3)
year’s employment with the City
Two (2) hours of sick leave to one (1) hour of
vacation

12.13 Effect of Absence on Sick Leave. Absence due to sick leave or other approved leave of absence will not affect computations of sick leave unless such absence exceeds one (1) month, in which case, the time over the month of said absence, shall be excluded from computation and no leave will be accrued.

12.14 Family Illness Leave. If an employee requests to be absent from duty because of illness in the employee’s immediate family, which requires the employee’s attendance, the City Manager may approve use of the employee’s accrued sick leave not to exceed the equivalent of one half of the employee’s annual sick leave accrual amount. The immediate family is defined as mother, father, brother, sister, spouse, domestic partner, children, grandparents, in -laws and legal guardians.

Where the employee and reason for leave qualify, the e mployee will be eligible for leave under FMLA and the California Family Rights Act (CFRA) and be subject to all of the rights and obligations under both FMLA and CFRA.

12.15 Unauthorized Leave. Any employee who is absent from work without approved leave shall be subject to termination.

12.16 Catastrophic Leave Donation. Circumstances may arise where an employee or the employee’s immediate family may suffer an unforeseen event, which may have a catastrophic effect on the employee and/or the employee’s family. Under such a circumstance the employee may request leave donation from fellow employees under the following procedures:

12.16.1 Employee’s Own Personal Extended Illness. An employee who is suffering from a serious illness or a serious accident may have sick leave donated to cover the cost for the City - provided health insurance upon expiration of family medical leave. This leave donation shall only cover the cost of any insurance plan offered by the City and shall not be used for salary.

12.16.2 Serious Illness or Injury of a Member of the Employee’s Immediate Family. An employee whose immediate family member is suffering from a serious illness or injury may have leave donated to provide them time off from work to care for that family member.

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12.16.3 Leave Donation Eligibility Procedures.

12.16.3.1 The employee seeking leave donation must have exhausted all available leave, sick leave, vacation leave and compensatory leave.

12.16.3.2 The employee must submit a request for leave donation to the Human Resources Office for review and approval of the City Manager or designee. The employee will be required to provide medical documentation for the need of this leave donation.

12.17.4 Leave Donation Procedure.

12.17.4.1 The donation of leave is voluntary and is irrevocable once donated.

12.17.4.2 Employees wishing to donate leave will submit to the Human Resources Office an authorization for transfer of leave form.

12.17.4.3 Employees may donate accrued sick leave in excess of 96 hours with a maximum donation of eight (8) hours of sick leave. Employees assigned to a 24-hour shift may donate accrued sick leave in excess of 144 hours with a maximum donation of twelve (12) hours of sick leave, if said sick leave is donated to an employee who works a 24-hour shift. Sick leave donated to an employee who works an eight (8) hour day may not exceed eight (8) hours.

Sick leave donated to an employee who works a 24-hour shift may not exceed twelve (12) hours.

12.17.4.4 Employee may donate a maximum of eight (8) hours of accrued vacation leave (24 hours for employees working a 24-hour shift if leave is donated to another employee working a 24-hour shift).

12.17.4.5 The donated leave will be put into a “Catastrophic Leave” account and can only be used to care for the immediate family member or to pay for the cost of insurance offered by the City for those persons suffering from a personal illness for which the leave was donated.

12.17.4.6 Donated leave will be credited to the “Catastrophic Leave” account on an hour-for-hour basis. In no case shall the total amount of leave exceed eight (8) hours of sick leave and eight (8) hours vacation leave per donor (24 hours for 24-hour shift personnel).

12.17.4.7 Any time remaining in the employees “Catastrophic Leave” account upon return to work will be transferred to a “Catastrophic Leave Bank” for use by other employees who qualify under the provisions of this Article. The “Catastrophic Leave Bank” will have a cap of 320 hours. Any remaining leave in excess of 320 hours will be converted to a cash value and placed in a fund for an employee program to be determined at a later date.

12.17.4.8 In no case will an employee be able to convert the donated leave to cash or be paid for any remaining balance of donated leave.

12.17.4.9 All donations will be maintained as confidential information.

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ARTICLE 12A: CONDUCT AND DISCIPLINE

12A.1 Standards of Conduct. It is expected that all City employees shall render the best possible service and reflect credit on the City, and therefore high standards of conduct are essential.

12A.2 Improper Employee Conduct. Improper conduct may be caused for disciplinary action up to and including termination of employment. The term "improper conduct" means not only any improper action by an employee in the employee's official capacity, but also conduct by an employee not connected with the employee's official duties that affects the employee's ability to perform official duties, and any improper use of the position as an employee for personal advantage. In addition, improper conduct includes, but is not limited to, the following:

12A.2.1 Violation of any Federal, State, or local law directly impacting the employee's fitness for employment.
12A.2.2 Using, possessing, dealing, distributing, or being under the influence of alcohol or intoxicating substances,, prescribed medication which impairs the employee's ability to perform their work, unprescribed medication, narcotics or unlawful drugs, or controlled substances while on duty or at work locations, or reporting to work or operating City vehicles, equipment or performing their duties under the influence of alcohol or intoxicating substances, any unlawful or unprescribed drug or controlled substance. 12A.2.3 Unauthorized sleeping while on duty.
12A.2.4 Disorderly conduct: fighting, threatening, attempting to inflict bodily injury on another; engaging in dangerous horseplay.
12A.2.5 Failure or refusal to comply with a lawful order or to accept a reasonable and proper assignment from an authorized supervisor or City management official. 12A.2.6 Inefficiency, incompetence, carelessness, or negligence in performance of duties. 12A.2.7 Sexual harassment or other unlawful harassment of another employee. 12A.2.8 Chronic or excessive absenteeism or inconsistent attendance. 12A.2.9 Rude or discourteous treatment of other employees or the public. 12A.2.10 Dishonesty.
12A.2.11 Political activity in violation of the law.
12A.2.12 Gambling or promotion of gambling on City premises or while on duty. 12A.2.13 Endangering the safety or causing injury to any employee including themselves or the public.
12A.2.14 Unauthorized disclosure of confidential information as defined by law or by written directive of the City or respective department.
12A.2.15 Using the position for financial gain; using the position to solicit work for private business or personal acquaintance or solicitation of work for private business or personal acquaintance while on duty or in uniform.
12A.2.16 Failure to perform duties; insubordination.
12A.2.17 Inattention to duty, tardiness, carelessness or negligence in the care and handling of City property.
12A.2.18 Loss or misuse of City funds.
12A.2.19 Covering up or attempting to conceal defective work, removing or destroying same without permission.
12A.2.20 Improper or unauthorized use of City vehicles or equipment or misappropriation of supplies.
12A.2.21 Damage to public property or waste of public supplies through misconduct or negligence.
12A.2.22 Misuse of sick leave, including using sick leave under false pretenses.

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12A.2.23 Furnishing false information to secure appointment, or falsification of time cards or other records and reports.
12A.2.24 Absence from duty without authorized leave, failure to report after leave of absence has expired or after such leave of absence has been disapproved, revoked, or canceled. 12A.2.25 Violation of the provisions of these rules and regulations, departmental rules and policies, or any written policies that may be prescribed by the City. 12A.2.26 Acceptance by an employee of any bribe, gratuity, kickback, or other item of value when such is given by or on behalf of a donor with a motivation of receiving preferential treatment.
12A.2.27 Outside work that creates a conflict of interest with City work, or detracts from the efficiency of the employee in the effective performance of City functions. 12A.2.28 Failure to obtain or maintain necessary qualification, certificate, or license, which is required as a condition of employment.
12A.2.29 Possession of an unsafe driving record for those employees required to operate City vehicles.
12A.2.30 Conduct which discredits the City or City personnel. 12A.2.31 Or other just cause.

12A.3 Disciplinary Action. The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to correct for violation of City policies. The disciplinary process outlined below has been established to pro vide general guidelines for a fair method for disciplining employees.

12A.3.1 The normal progressive discipline procedure consists of:

12A.3.1.1 Verbal Counseling: An opportunity to communicate in a non-disciplinary fashion that a problem is perceived and that the supervisor is available to help solve it. (Not appealable)
12A.3.1.2 Verbal Reprimand: To communicate to the employee that a repeat action may result in more serious disciplinary action. A written record of a verbal reprimand is not considered a written reprimand. (Not appealable)
12A.3.1.3 Written Reprimand: A written communication to the employee that the same or related offense has been committed. A copy of this warning is given to the employee and one copy is filed in the employee's personnel file. Employee may submit a written response within thirty (30) calendar days per the Firefighters Procedural Bill of Rights. The employee's response will be attached to the written reprimand 12A.3.1.4 Suspension: Temporary removal of an employee from their duties without pay for cause. Employees may be suspended on the spot by their immediate supervisor when there is a clear threat to the safety of other employees or the public. (Managers must notify the Human R esources Manager when instituting an on -the-spot suspension as soon as it is practical.)
12A.3.1.5 Demotion: This step involves either the reduction in pay step or reduction in class.
12A.3.1.6 Dismissal: The final step in the disciplinary process.

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12A.3.2 Although one or more of these steps may be taken in connection with a particular employee, no formal order or system is necessary. The City reserves the right to deviate from this policy when it feels that circumstances are so severe that such a dev iation is warranted. The City Manager or designee is vested with the authority to determine the appropriate course of action.

12A.3.3 Further steps in the discipline process involving suspension, demotion or dismissal should not be taken without consulting the department head and the Human Resources Manager.

12A.3.4 Those employees covered by the Firefighters Procedural Bill of Rights will be treated accordingly.

12A.3.5 Suspension, Demotion, Dismissal. The City may:

12A.3.5.1 Impose a suspension without pay upon an employee when, in their judgment, such action will best serve the interests of the City. Such suspension shall, however, not exceed a period of thirty (30) working days except that if the suspension is imposed becau se of an employee's trial by a court of law, the suspension may extend to such time as that court has rendered its decision.

12A.3.5.1.1 Brief Suspension without Pay . When, in the opinion of the department head, circumstances warrant, a suspension of thirty - six (36) working hours or less may be imposed informally, without complying with the formal procedures commonly referred to as "Skelly Procedures." Prior to the im position of such discipline, the department head shall explain appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. A written record of the discipline, including a full, accurate and factual statement of the reason therefore, shall be sent to the Human Resources Manager to be placed in the employee's
personnel folder. Within thirty (30) calendar days after the date the discipline is imposed, the employee may respond in writing and have such response placed in the employee's personnel folder. The employee may appeal the suspension to the City Manager or designee within ten (10) City Hall business days of the notice of suspension. The City Manager will re nder a decision within thirty (30) calendar days and said decision shall be final.

12A.3.5.1.2 Longer Suspension without Pay. When the employee's conduct has been continuous or repeated, and lesser penalties are inadequate or have proved ineffective, the department head may impose suspension without pay in excess of thirty -six (36) hours. Such longer term suspension shall occur only after the notice procedures specified in Section 12 A.3.5.1.1 and shall be subject to appeal in accordance with Section 12A.4.2.

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12A.3.5.2 Demote a regular employee to a position in a lower class with an appropriate reduction in pay or a reduction in pay step, for reasons including, but not limited to, unsatisfactory performance. 12A.3.5.3 Dismiss for cause any regular employee.
12A.3.5.4 Only discipline involving suspension, demotion, or dismissal is subject to an appeal (except those employees covered by the Public Safety Officers Procedural Bill of Rights).

12A.4 Hearings and Appeals.

12A.4.1 Pre-Discipline Meeting Procedures.

12A.4.1.1 Prior to undertaking any of the personnel actions set forth in Section 12A.3 at or greater than the level of reprimand, the department head, or designee shall first provide the employee with a written specification of reasons for the proposed action and all documents relied on to support the action being taken.

The employee may, accordingly, request a meeting to determine if there is cause for the proposed personnel action. A request for a meeting must be in writing and must be delivered to the department head on or before five (5) City Hall business days after the employee's receipt of notice of intended action.
12A.4.1.2 Upon receipt of the Request for Meeting, the department head shall notify the employee of the time and place for a meeting to be held not later than ten (10) working days after receipt of the request therefore.

The employee shall be entitled to be present at such meeting together with an attorney and/or designated representative. The meeting is to be conducted by the department head or designee and shall provide the employee with the opportunity to refute, explain, or otherwise address the proposed statement of charges. All decisions of the department head or designee shall be rendered within ten (10) working days after conclusion of the meeting, and shall be final unless timely appealed by the employee as provided in the section entitled, "Appeals Procedures."

12A.4.2 Appeals Procedures.

12A.4.2.1 Any regular employee subjected to any disciplinary action set forth herein (suspension, demotion, or dismissal) may appeal any decision of the department head or designee by filing a written Notice of Appeal with the City Manager or designee within five (5 ) working days after their receipt of the decision. The employee's appeal shall be heard by an impartial hearing officer selected in a manner mutually agreeable to the City Manager and the employee; if no agreement is reached the hearing officer shall be selected from a list of advisory arbitrators from the California State Mediation Conciliation Service or from a list agreed to between the City Manager and the employee. The hearing officer shall

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be selected from such a list of an odd number of names by alternate striking until only one name appears.
12A.4.2.2 The employee may be represented by their Association/Union representative, any other regular employee of the City, or their attorney. 12A.4.2.3 The Hearing Officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party. 12A.4.2.4 The hearing shall be recorded by a certified shorthand reporter.

Expenses for such recording services shall be borne equally by the City and the Association when the Association supports the merits of the cause in writing; provided, however, that each party shall be responsible for any specialized or extraordinary services they might individually request.
12A.4.2.5 The expenses for the hearing officer shall be borne equally by the City and the Association when the Association supports the merits of the cause in writing, and each party shall be responsible for expenses they incur.
12A.4.2.6 After the close of the hearing the Hearing Officer shall prepare written findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present their findings to the City Manager and the employee within thirty (30) calend ar days. In rendering a recommendation, the Hearing Officer shall be limited to the express terms of this document and shall not have the power to modify, amend, or delete any terms or provisions of this document. Failure of either party to ins ist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other tim e or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same.
12A.4.2.7 At the hearing, both the appealing employee and the City shall have the right to be heard and to present evidence.
12A.4.2.8 Oral evidence shall be taken only on oath or affirmation. 12A.4.2.9 Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination, to impeach any witness regardless of which party first called him/her to testify, and to rebut the evidence against him/her. If the respondent does not testify in their own behalf, he/she may be called and examined as if under cross-examination.
12A.4.2.10 The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence.

The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded.
12A.4.2.11 The City Manager or designee may, if he/she deems appropriate, review the Hearing Officer's recommendation but shall not be bound thereby. If

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the City Manager makes a decision not to follow the Hearing Officer's recommendation, the City Manager shall notify the employee in writing of that decision, and the employee shall have the right to schedule a meeting with the City Manager to persuade the City Manager to follow the Hearing Officer's recommendations. The employee must submit a written request to meet with the City Manager within five (5) working days of receipt of the Hearing Officer's recommendation. The City Manager shall render a decision in writing within ten (10) working days of the meeting or ten (10) working days of the opportunity to meet. The City Manager's decision shall be final and binding, subject only to review by the courts under the procedures set forth in Code of Civil Proce dure Section 1094.5 (writ of mandate), subject to the 90 -day limit for filing such petitions pursuant to section 1094.6 of Civil Code.

If any provision of Sections 12 A.4.1 and 12 A.4.2 are inconsistent with the employee rights set forth in the Firefighter Procedural Bill of Rights, the rights set forth in the Firefighter Procedural Bill of Right shall prevail.

ARTICLE 13: GRIEVANCE PROCEDURE

13.1 Matters Subject to Grievance Procedures . A grievance is a complaint by an employee that the employee has been adversely affected due to a misinterpretation or misapplication of this MOU, or, where a grievance is specifically authorized in this Agreement, that the action grieved is excessive, unduly harsh or unjustified.

13.2 Informal Grievance Procedure . Every effort shall be made to resolve a grievance through discussion between the employee and/or the employee’s designated representative, and the employee’s immediate supervisor. If, after such discussion, the employee does not feel that the grievance has been satisfactorily resolved, the employee shall have the right to discuss the matter with the supervisor’s superior, if any, within the department organization. Otherwise, the employee shall have the right to discuss the matter with the department head by proceeding to the formal grievance procedure.

13.3 Formal Grievance Procedure . Step 1. If the employee is not in agreement with the decision rendered in the informal grievance procedure, an employee shall have the right to present a formal grievance in writing, using the designated grievance form, to the department head within ten (10) calendar days from the date when the decision is rendered in the informal grievance procedure. In the event that no decision has been rendered in the informal procedure, the employee may proceed to the Formal Grievance Procedure no later than ten (10) calendar days after the decision was due to be rendered in the Informal Grievance Meeti ng. The department head shall meet with the employee and/or the employee’s designated representative within ten (10) calendar days after the department head’s receipt of the written grievance. The department head shall review the grievance and render a decision in writing and return it to the employee and/or the employee’s designated repre sentative within ten (10) calendar days after meeting with the employee. In the event that no decision is rendered within ten (10) calendar days after meeting with the employee, the employee may proceed directly to step 2.

13.4 Appeal to the City Manager. Step 2. If the employee does not agree with the decision reached by the department head, the employee may present an appeal in writing to the City Manager within ten (10) calendar days after the employee’s receipt of the department head’s decision. The appeal shall be signed and delivered to the Human Resources Manager who shall set a meeting

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with the City Manager and the employee and/or the employee’s representative to discuss the grievance within ten (10) calendar days. Within ten (10) calendar days from the date of the meeting, the City Manager shall deliver a copy of the decision to the employee and/or the employee’s representative and the department head. The decision of the City Manager shall be final, and no further appeal may be had. Nothing in this section should be interpreted to limit the employee’s right to further administrative or judicial process outside of the City’s internal process.

13.5 Extension of Time Limitations. All time limitations mentioned in the Grievance Procedure may be extended by mutual written agreement between the City and the employee and/or the employee’s representative.

13.6 Administrative Appeal Procedure. CCFMA members of the Fire Department are subject to administrative appeal procedures as provided by the Firefighters Procedural Bill of Rights Act.

13.7 The City and CCFMA agree to remove several articles from the MOU as part of the 2022 negotiations. Those items are listed below and are currently in the City’s personnel rules. The City and CCFMA agree that despite their removal from the MOU, CC FMA members shall be able to grieve those items, as if they were in the MOU. The City and CC FMA further agree that any modification to the personnel rules that cover these items is subject to the meet and confer process. The items are Military Leave and Family Medical Leave.

ARTICLE 14: EMPLOYEE REPORTS AND RECORDS

14.1 Personnel File. The Human Resources Manager shall maintain, or cause to be maintained, a personnel file for each employee of the City. Employees have the right to inspect the contents of their respective personnel files during a scheduled appointment.

14.2 Disclosure of Information. No information shall be disclosed from the personnel file of a current or former employee other than the employee’s job title, work location, work phone number, salary verification (with written employee authorization only) and departmental assignment, t o any person other than the City Manager, City Attorney or their designated representatives. The City Manager or City Attorney may authorize release of other information under subpoena or under requests based upon the Public Reco rds Act, upon determining that such request should be honored. An employee or former employee may authorize the disclosure of information from their file only when written permission is provided. Nothing herein shall preclude nor specifically deny the use of any information in Personnel files in any phase of a disciplinary or probationary action, nor when disclosure is required by any court or administrative tribunal.

ARTICLE 15: EDUCATION INCENTIVES

15.1 Education Incentives. The City shall adopt procedures under which an employee shall qualify for educational assistance in an amount not to exceed $4,000 in any one fiscal year, on a reimbursement basis, with a lifetime total accumulation of such assistance not to exceed $12,000.

Reimbursement shall be based upon the City reimbursing to the employee 80% of the reasonably incurred cost of education, including tuition, fees and books. Employees seeking reimbursement under this provision are required to receive advance authoriz ation of the City Manager or designee.

Education covered by this provision must be job related and taken at a licensed public or private school or college, or a recognized training program leading to a job or professional certification, and shall include both academic and professional certification programs. Post-graduate programs

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(Master’s degree programs or higher) are not covered without a determination that the program has a relationship to the job performed by the employee, or preparation for a promotional opportunity within the City’s employment. Reimbursement shall be made at the conclusion of a course, upon presentation of evidence of satisfactory completion thereof (grade “C” or better), department head review and approval of the City Manager or designee.

If an employee voluntary resigns their employment with the City or is terminated for disciplinary reasons within six (6) months after receiving reimbursement under these provisions, employee shall reimburse the City for all monies paid them for educational reimbursement received dating back six (6) months from their termination date.

15.2 Paramedic Recertification. Upon presentation to the Fire Chief or designee of a paramedic certification, the City shall pay to the employee a flat amount of $2,300.00 as full reimbursement for paramedic certification. The employee has the responsibility of attending all required certification courses and paying the required fees. There will not be any compensation for attending certification courses during non-work times except for the pay specified above.

ARTICLE 16: HEALTH BENEFITS

16.1 Employee Health Benefits

16.1.1 Public Employees' Medical and Hospital Care Act . The City provides health insurance benefits through the CalPERS Health Program pursuant to the Public Employees’ Medical and Hospital Care Act (PEMHCA). The City provides dental and vision benefits through plans outside of the CalPERS Health Program.

16.1.2 PEMHCA Minimum Contribution . The City will pay the minimum employer contribution amount for employees enrolled in one of the City’s PEMHCA plans, as set forth by CalPERS and pursuant to Government Code Section 22892.

a) The minimum employer contribution amount for the 2023 calendar year is $151.00.
b) The minimum employer contribution amount for the 2024 calendar year will be the amount established by CalPERS.

16.1.3 Cafeteria Plan. The City shall offer a cafeteria plan for medical, dental, vision, and short-term disability.

16.1.4 City’s Contribution Amount. Effective August 1, 2020, the City’s monthly cafeteria plan contribution, inclusive of the PEMHCA minimum monthly contribution, shall be as follows:

Flat Dollar amount Effective January 1, 2022

Selected Plan Maximum City Contribution
Employee only $976.28
Employee plus one $1952.57
Family $2538.34

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Flat Dollar amount Effective January 1, 2024

Selected Plan Maximum City Contribution
Employee only $1000.00
Employee plus one $2000.00
Family $2600.00

Flat Dollar amount Effective January 1, 2025

Selected Plan Maximum City Contribution
Employee only $1100.00
Employee plus one $2100.00
Family $2700.00

16.1.5 HRA Contribution – Employees Hired After August 1, 2020. For employees hired after August 1, 2020, the City shall contribute to the employee’s Health Reimbursement Arrangement (HRA) plan, and associated fixed dollar cost of administration as below.

Effective: 08/01/2020 $100/mo.

Effective: 07/06/2023 $125/mo.

Effective: 01/01/2024 $150/mo.

Effective: 01/01/2025 $165/mo.

This HRA contribution is for employees only and shall cease upon separation from City employment.

16.2 Retirement Health Benefits

16.2.1 Public Employees' Medical and Hospital Care Act . The City provides retirement health insurance benefits through the CalPERS Health Program pursuant to the Public Employees’ Medical and Hospital Care Act (PEMHCA). To participate, an employee must retire with CalPERS within 120 days of separation from the City, or as otherwise provided by PEMHCA requirements. Participating retirees shall comply with all applicable PEMHCA laws, regulations and rules, including but not limited to the requirement to enroll in Medicare when eligible. The City will not pay for the cost of Medicare enrollment.

16.2.2 Level 1 Retirees – Hired before November 24, 2012. For employees hired before November 24, 2012 who retire from the City and who are enrolled as a retiree in a PEMHCA plan (“Level 1 Retirees”), the City will pay the PEMHCA minimum contribution as set forth by CalPERS and pursuant to Government Code Sectio n

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22892. Additionally, Level 1 Retirees shall have a vested right to retirement health benefits consisting of a supplemental City -paid contribution (inclusive of the PEMHCA minimum contribution), as follows:

Flat Dollar amount Effective August 1, 2020

Selected Plan Maximum City Contribution
Employee only $902.63
Employee plus one $1805.26
Family $2346.84

Flat Dollar amount Effective January 1, 2021

Selected Plan Maximum City Contribution
Employee only $938.74
Employee plus one $1877.47
Family $2440.71

Flat Dollar amount Effective January 1, 2022

Selected Plan Maximum City Contribution
Employee only $976.28
Employee plus one $1952.57
Family $2538.34

In the event that a Level 1 Retiree’s selected medical plan cost is less than the maximum City contribution for any given month, the unused value of the City’s maximum contribution for that month may be applied toward the cost of any vision and/or dental p lan, and any remaining amounts shall be automatically forfeited. In the event that a Level 1 Retiree’s selected medical plan cost is greater than the maximum City contribution for any given month, the retiree shall be responsible for paying the resulting difference in cost.

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Level 1 Retirees may continue to participate in the City’s dental and/or vision plan subject to plan terms and conditions.

The City will continue the supplemental City-paid contribution upon death of the Level 1 Retiree as long as surviving spouses, domestic partners, or other dependents continue to be eligible to participate in the medical plan subject to all applicable PEMHCA requirements and plan terms and conditions. Dental and vision plan participation shall cease upon the death of the Level 1 Retiree, but surviving spouses, domestic partners, or other dependents can continue under COBRA guidelines.

16.2.3 Level 2 Retirees – Hired between November 25, 2012 and July 31, 2020. After five years of continuous service with the City, employees hired between November 25, 2012 and July 31 , 2020 who retire from the City and who are enrolled as a retiree in a PEMHCA plan (“Level 2 Retirees”), the City will pay the PEMHCA minimum contribution as set forth by CalPERS and pursuant to Government Code Section 22892. Additionally, Level 2 Retiree s shall have a vested right to retirement health benefits consisting of a supplemental City-paid contribution ( inclusive of the PEMHCA minimum contribution), based on their total years of service with CalPERS as follows:

Credit Years of
CalPERS Service
Percentage of City
Contribution
5-10 PEMHCA Minimum
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 100%

The City -paid contribution will be calculated as a percentage of the following amounts:

Flat Dollar amount Effective August 1, 2020

Selected Plan Maximum City Contribution
Employee only $902.63
Employee plus one $1805.26
Family $2346.84

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Flat Dollar amount Effective January 1, 2021

Selected Plan Maximum City Contribution
Employee only $938.74
Employee plus one $1877.47
Family $2440.71

Flat Dollar amount Effective January 1, 2022

Selected Plan Maximum City Contribution
Employee only $976.28
Employee plus one $1952.57
Family $2538.34

For example, for a Level 2 Retiree enrolled in a Retiree only plan during the year 2020 with 10 years of CalPERS service, the Retiree would be entitled to 50% contribution, or $451.32. The City will pay $139 per month as the PEMHCA minimum contribution, a nd will provide up to an additional $312.32 (50% of $451.32 per month as the supplemental City -paid contribution directly to the retiree.

The City will continue the supplemental City-paid contribution upon death of the Level 2 Retiree as long as surviving spouses, domestic partners, or other dependents continue to be eligible to participate in the medical plan subject to all applicable PEMHCA requirements and plan terms and conditions.

In the event that a future action by the State and/or Federal government creates a health care program that replaces the group health insurance provided by the City, then the City’s total maximum contribution as otherwise provided by this section shall not be permitted to exceed the Level 2 Retiree’s actual monthly cost, if any, of participation in such replacement health care program.

16.2.4 Level 3 Retirees – Hired on or after August 1, 2020 . For employees hired on or after August 1, 2020 who retire from the City and who are enrolled as a retiree in a PEMHCA plan (“Level 3 Retirees”), the City will pay only the PEMHCA minimum contribution as set forth by CalPERS and pursuant to Government Co de Section 22892. There shall be no supplemental City contribution for Level 3 Retirees.

Level 3 Retirees may participate in the City’s dental and/or vision plan(s) entirely at their own expense and subject to plan terms and conditions.

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16.3 Public Employees’ Retirement System.

b) First Level: The City provides the 3% @ 55 retirement benefit formula with single highest year compensation consideration for all unit members hired prior to November 25, 2012. i. Employees shall make their full member contribution.

c) Second Level: Unit members hired on or after November 25, 2012 and on or before December 31, 2012, and new employees hired as “Classic” members : The City provides the 2% @ 55 retirement benefit formula with three -year average compensation consideration for all unit members hired between November 25, 2012 and December 31, 2012,
i. Employees shall make their full member contribution upon hire, plus any additional PERS contributions negotiated for Tier One employees.

d) PEPRA New Members : The California Public Employees’ Pension Reform Act of 2013 (PEPRA) establishes a new retirement plan for employees hired on or after January 1, 2013. All employees hired on or after that date shall be subject to those provisions, consistent with PEPRA.

ARTICLE 17: FRINGE BENEFITS

17.1 Uniform/Equipment Allowances. The City shall provide a standard $140.00 per month uniform allowance.

17.2 Deferred Compensation. The City provides a deferred compensation plan for members of the Association under which the City shall match the employee’s contribution up to $ 55 per pay period.

401 (a) contribution. The City will make available an additional retirement plan through MissionSquare called a 401(a) to be funded through employee contributions. The 401a plan chosen by the Association will allow members to choose their own individual fixed percentage ranging from 1 -20%. 100% of the bargaining unit must participate for the 401a to be i nitiated.

Once an employee makes their decision it cannot be changed.

17.3 Long Term Disability Income, Accidental Death and Dismemberment. All employees covered by this Agreement shall be included in the City’s long-term disability program providing partial coverage for disabling injuries and illnesses non -industrial in nature (not covered by workers’ compensation), and including accidental death and dismemberment benefits.

17.4 Wellness Program. Employees shall be permitted to participate in a Wellness Program intended to reduce job-related stress and improve general physical and mental health. Employees shall be reimbursed up to $300 per payroll year, so long as reimbursements are submitted by t he end of the payroll year. Otherwise, there will be no reimbursement. This amount is considered taxable income. Employees forfeit any amount they do not use by the end of the payroll year. The program shall be in accordance wi th administrative regulations approved by the Human Resources Manager.

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The City acknowledges the side letter agreemen t dated Nov 1, 2016 in regard to the Wellness program.

17.5 Life Insurance. The City shall provide, through an insurer or on a self-insured basis, life insurance for each employee covered by this Agreement in an amount twice the annual base salary of each employee covered by this Agreement.

17.6 Additional Retirement Benefit. The City will pay and report the value of any employer paid member contributions (“EPMC”) to PERS as individual compensation for all employees covered by this Agreement. The City shall contribute seven (7) percent of the EPMC for all classic members of the CCFMA. Classic members of the CCFMA agree to a cost -sharing arrangement in which the members in said group cost -share an additional twelve (12) percent towards the empl oyer cost/rate. These additional contributions shall be reported on a pre-tax basis.

17.7 PERS 1959 Survivor Benefit. The City shall maintain in effect the PERS 4 th level 1959 survivor benefit for all employees covered by this Agreement.

ARTICLE 18: AGREEMENT ALL INCLUSIVE

The parties hereto acknowledge that they have engaged in extended negotiations of any and all issues either party has desired to have included in this Memorandum of Understanding. The parties recognize that, in the give and take of bargaining, some items sought by the employer have not been agreed upon, and some items sought by the employee association have not been agreed upon. This agreement constitutes a compromise upon which each party agrees. The parties agree that this Memorandum of Understanding is all-inclusive and that no other agreements, undertakings or understandings have been made outside of the specific terms of this Agreement relating to wages, hours or terms or conditions of employment of the employees covered by this Agreement , with the exception of duly negotiated and mutually agreed upon Letter(s) of Agreement . Except by mutual agreement, this Memorandum of Understanding is not subject to reopening for any purpose. All of the agreements of the parties are evidenced herein. The absence of reference to any topic shall be deemed as proof that no agreement was reached thereon, and any claim based thereon shall be null and void and of no effect. Each party has had every opportunity during the course of these negotiations to bring up any new or additional topics it desired to have considered as part of this Agreement, and, for the duration of this Agreement, no additional topics shall be added thereto, except upon specific mutual agreement of the parties evidenced in writing.

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APPROVED BY THE CITY COUNCIL

Executed this day of , 2023.

ATTEST:

________________________________
Tracey Hermosillo, City Clerk

CITY OF CATHEDRAL CITY CATHEDRAL CITY FIRE MANAGEMENT

ASSOCIATION

______________________________________
Charles P. McClendon, City Manager

_____________________________________
Corey Goddard

______________________________________
Eugenia Torres, Human Resources Manager

_____________________________________
Richard Valenti

______________________________________
AnnMarie Quintanilla, Human Resources Specialist

_____________________________________
Jeremy Keenan

______________________________________
Al Ford, Burke, Williams & Sorensen, LLP

_____________________________________
Brian Olivo, Association Representative

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Cathedral City Page 1 of 2 Printed on 9/21/2023

Staff Report

City Council

Item No. 4.E

Meeting Date: September 27, 2023
From: Kevin Biersack, Financial Services Director
Title: CFD 2006 -1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd Reading)

City Council

RECOMMENDATION:

Conduct Second Reading and adopt the Ordinance authorizing the levy of a special tax within Improvement Area No. 18 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic. Park and General Maintenance Services).

BACKGROUND:

On June 14, 2023, the City Council declared its intention to form Improvement Area No. 18 of the City of Cathedral City Community Facilities District (“CFD”) No. 2006 -1 (Law Enforcement, Fire, Paramedic, Park, and General Maintenance Services) for the purpose of paying for law enforcement, fire, paramedic, park and general maintenance services. These services are in addition to those provided in the territory within the CFD prior to the formation of the CFD, and these services do not supplant services already available within such territory. The CFD was proposed by the property owners of the Canyon Springs Villas Apartments.

DISCUSSION:

The City Council held a public hearing on August 9, 2023. During that meeting, the City Council adopted the resolution forming the CFD. In addition, a special election was held, to authorize the levy of the special taxes, which passed by more than two -thirds of the votes cast by the qualified voters (the landowners), within the CFD, in favor of the proposition. Upon canvassing of the results of the special election, the City Council conducted the first reading of an Ordinance authorizing the levy of the special tax. In the case of State budget cuts, the special taxes levied within this CFD provide a secure source of funding for the services that may not be taken away by the State. New developments are conditioned to join the CFD and will join through an annexation process. As new developments go through the approval processes, the annexations will be processed in a timely manner.

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Cathedral City Page 2 of 2 Printed on 9/21/2023
FISCAL IMPACT:

For the Canyon Springs Villas Apartments project, the annual revenue generated by this levy will be $31,817.76 adjusted by the FY 2023/2024 Consumer Price Index (not to exceed 1%).

FIVE-YEAR STRATEGIC PLAN:

This action will further Goal C – Fiscal Stability and Sustainability

Objective - Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

ATTACHMENTS:

CATHEDRAL CITY CFD 2006-1 - NOTICE OF SPECIAL TAX LIEN IA #18 CATHEDRAL CITY CFD 2006-1 - ORDINANCE IA #18
RMA CFD 2006-1, IA 18 01
Cathedral City CFD 2006-1 IA 18 Boundary Map (Recorded)

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1 RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, California 92234
Attention: Kevin Biersack
______________________________________________________________________________

NOTICE OF SPECIAL TAX LIEN
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Cathedral City (the “City”), State of California, hereby g ives notice that a lien to secure payment of special taxes is hereby imposed by the City Council of the City. The special taxes secured by this lien are authorized to be levied for the purpose of financing a portion of the cost of providing law enforcement services, fire protection , paramedic services , park maintenance, and general maintenance services.

The special taxes are authorized to be levied within Improvement Area No. 18 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic Park and General Maintenance Services) ( “Improvement Area No. 18”) which has now been officially formed and the lien of the special taxes are a continuing lien which shall secure each annual levy of the special taxes and which sh all continue in fo rce and effe ct until the special taxes cease to be levied and a notice of cessation of special taxes is recorded in accordance with Section 53330.5 of the Government Code.

The rate, method of apportionment, and manner of collection of authorized special tax for Improvement Area No. 18 is as set forth in Exhibit “A” attached hereto and hereby made a part hereof. The obligation to pay the special tax may not be prepaid and permanently satisfied and the lien of the special taxes may not be canceled.

Notice is further given that upon the recording of this notice in the office of the county recorder, the obligation to pay the special tax levies shall become a lien upon all real property within Improvement Area No. 18 in accordance with Section 3115.5 of the Streets and Highways Code.

The name of the owner (s) and the assessor’s tax parcel number(s) of the real property included within Improvement Area No. 18 are as set forth in Exhibit “B” attached hereto.

Reference is made to the boundary map of Improvement Area No. 18 recorded at Book 91 of Maps of Assessment and Community Facilities Districts at Page 35, in th e office of the County Recorder for the County of Riverside, California which map is now and final boundary map of Improvement Area No. 18.

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Attachment: CATHEDRAL CITY CFD 2006-1 - NOTICE OF SPECIAL TAX LIEN IA #18 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A 2 For further in formation co ncerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City Manager of the City of Cathedral City, 68700 Avenida Lalo Guerrero, Cathedral City, California 92234, (760) 770-0340.

Dated: ___________________________ ____________________________________

CITY CLERK OF THE CITY OF

CATHEDRAL CITY

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Attachment: CATHEDRAL CITY CFD 2006-1 - NOTICE OF SPECIAL TAX LIEN IA #18 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A

STATE OF CALIFORNIA )
) ss.

COUNTY OF RIVERSIDE )

On ___________ _____________ befo re me, _____ ___________________ (here insert name and title of the officer), personally appeared ________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon which the person acted, executed the instrument.

WITNESS my hand and official seal.

Signature ________________________________ (SEAL)

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Attachment: CATHEDRAL CITY CFD 2006-1 - NOTICE OF SPECIAL TAX LIEN IA #18 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

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Attachment: CATHEDRAL CITY CFD 2006-1 - NOTICE OF SPECIAL TAX LIEN IA #18 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A

EXHIBIT B
PROPERTY OWNER NAME AND ASSESSOR’S TAX PARCEL NUMBER

Property Owner APNs

Canyon Springs Villas Apartments 680-260-031

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Attachment: CATHEDRAL CITY CFD 2006-1 - NOTICE OF SPECIAL TAX LIEN IA #18 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A ORDINANCE NO. _____

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CATHEDRAL CITY ACTING AS THE LEGISLATIVE BODY FOR
IMPROVEMENT AREA NO. 18 OF THE CITY OF CATHEDRAL CITY
COMMUNITY FACILITIES DISTRICT NO. 200 6-1 ( LAW

ENFORCEMENT, FIRE, PARAMEDIC, P ARK AND GENERAL

MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF A

SPECIAL TAX

WHEREAS, on June 14, 2023 the City Council (the “Council”) of the City of Cathedral City, California (the “City”) adopted Resolution No. 2023-16 stating its intention to form the Improvement Area No. 18 of the City of Cathedral City Community Facilities District No. 2006- 1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, notice was published as required by law relative to the intention of the Council to form the District; and
WHEREAS, on August 9, 2023 this Council held a noticed public hearing as required by law relative to the determination to pr oceed with the formation of the District and the rate and method of apportionment and manner of collection of the special tax to be levied within the District to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2023-26 (the “Resolution of Formation”) on August 9, 202 3 determining the validi ty of prior pr oceedings relative to the formation of the District and establishing the District; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2023-27 which called an el ection within the District for August 9, 2023 on the pr oposition of levyin g a special tax; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2023-28 on August 9, 2023 which held an election within the District and canvassed the results in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cathedral City as follows:

Section 1. A special tax is levied within the boundaries of the District pursuant to the formula set fo rth in Exhibit “A” attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of pr oviding police protection, fire protection ,

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Attachment: CATHEDRAL CITY CFD 2006-1 - ORDINANCE IA #18 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd paramedic, park m aintenance and general maintenance services that are in addition to thos e provided in the territory within the District prior to the formation of the District.

Section 2. This legislative body is hereby further authorized to provide, by resolution adopted as provided in Section 53340 of the Act, for the levy o f the special tax in the th en current tax year or future tax years, except that the special tax rates to be levied shall not exceed the maximum rates set forth in Exhibit “A”.

Section 3. All of the collections of the special tax shall be used as provided f or in the Act and the Resolution of Formation.

Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes.

Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) d ays after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified co py of the full te xt of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.

Section 6. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County.

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Attachment: CATHEDRAL CITY CFD 2006-1 - ORDINANCE IA #18 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd PASSED, APPROVED and ADOPTED this ________ day of ___ ___________, 2023 by the following votes:

AYES:

NOES:

MAYOR

ATTEST:

CITY CLERK

APPROVED AS TO FORM:

_____________________________

CITY ATTORNEY

REVIEWED:

_____________________________

CITY MANAGER

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Attachment: CATHEDRAL CITY CFD 2006-1 - ORDINANCE IA #18 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

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Attachment: CATHEDRAL CITY CFD 2006-1 - ORDINANCE IA #18 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd City of Cathedral City May 10, 2023
IA No. 18 of CFD No. 2006 -1 (Canyon Springs Villas Apartments ) Page 1

RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 18 OF
COMMUNITY FACILITIES DISTRICT NO. 200 6-1
(CANYON SPRINGS VILLAS APARTMENTS )

OF THE CITY OF CATHEDRAL CITY
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Improvement Area No. 18 (“IA No. 18”) 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. 18, 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 Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final 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. 18: 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. 18 or any designee thereof of complying with City or IA No. 18 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City,IA No. 18 or any designee there of 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. 18 for any other administrative purposes of IA No. 18, 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.

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Attachment: RMA CFD 2006-1, IA 18 01 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd Reading)) City of Cathedral City May 10, 2023
IA No. 18 of CFD No. 2006 -1 (Canyon Springs Villas Apartments ) Page 2 "CFD Administrator" means an official of the City, or designee thereof, responsible for the annual administration of IA No. 18 as provided herein. "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 follo wing June 30.
"Floor Area" for any Non-Residential Property means the total square footage of the building(s) located on such property, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel.
"Improvement Area No. 18 " means Improvement Area No. 18 of CFD No. 2006-1 (Canyon Springs Villas Apartments ), 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.

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Attachment: RMA CFD 2006-1, IA 18 01 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd Reading)) City of Cathedral City May 10, 2023
IA No. 18 of CFD No. 2006 -1 (Canyon Springs Villas Apartments ) Page 3 "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. 18 that was owned by or irrevocably offered for 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. 18 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. 18 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 Property 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. 18 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 classified as Developed Property.

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Attachment: RMA CFD 2006-1, IA 18 01 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd Reading)) City of Cathedral City May 10, 2023
IA No. 18 of CFD No. 2006 -1 (Canyon Springs Villas Apartments ) Page 4 "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. 18 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance 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. 18
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.

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Attachment: RMA CFD 2006-1, IA 18 01 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd Reading)) City of Cathedral City May 10, 2023
IA No. 18 of CFD No. 2006 -1 (Canyon Springs Villas Apartments ) Page 5 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.

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 CommercialProperty, 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 wi th 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.

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Attachment: RMA CFD 2006-1, IA 18 01 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd Reading)) City of Cathedral City May 10, 2023
IA No. 18 of CFD No. 2006 -1 (Canyon Springs Villas Apartments ) Page 6 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 valoremproperty taxes; provided, however, that IA No. 18 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.

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 18 01 (3907 : CFD 2006-1, IA #18 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd Reading)) SHEET 1 OF 1

ROUNDUP RD CATHEDRAL
CANYON
DRIVE
Reference is hereby made to the Assessor maps of the County of Riverside for a description of the lines and dimensions of each lot and parcel. RAMON 680-260-031

CORRAL ROAD
ROAD
CANYON
VISTA
ROAD
PROPOSED BOUNDARIES OF IMPROVEMENT AREA NO. 18 OF CITY OF CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (CANYON SPRINGS VILLAS APARTMENTS) COUNTY OF RIVERSIDE STATE OF CALIFORNIA LEGEND Proposed Boundaries of Improvement Area No. 18 of City of Cathedral City Community Facilities District No. 2006-1 Assessor Parcel Line Assessor Parcel within Improvement Area No. 18: 680-260-031 Prepared by DTA
(1) Filed in the office of the City Clerk of the City of Cathedral City this t day of June.

G (2) T hereby certify that the within map showing the proposed boundaries of Improvement Area No. 18 of City of Cathedral City Community Facilities District No. 2006-1 (Canyon Springs Villas Apartments), Riverside County, State of California, was approved by the City Council at a regular meeting thereof, held on this 4tm day of June 2023, by its Resolution No. 2023-le Tracey R. Hermosillo, CMC, City Clerk of Cathedral City 2023.

Tracey R. Hermosillo, CMC, City Clerk of Cathedral City (3) Filed this a_ day of 2023, at the hour of Ms3 o'clock A m, in Book of Maps of Assessment and Community Facilities Districts at page 35 and as Instrument No. aoA3-0177372 in the office of the County Recorder of Riverside County, State of California. By_ana Fee ggs Deputy Peter Aldana Assessor-County Clerk-Recorder of Riverside County

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Attachment: Cathedral City CFD 2006-1 IA 18 Boundary Map

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Staff Report

City Council

Item No. 4.F

Meeting Date: September 27, 2023
From: Ryan Hunt, Communications and Events Manager
Title: Special Use Permit - Fields of Valor

City Council

RECOMMENDATION:

To approve SUP# 23-008 for the annual Fields of Valor event at Patriot Park.

BACKGROUND:

The Rotary Clubs of Cathedral City have requested to stage the annual “Fields of Valor” (formerly known as “Healing Fields”) event in Patriot Park, November 4-11, 2023, and to receive city council sponsorship in the amount of $300 to offset the Special Use Application Fee, as well as in-kind services from the City’s Public Works staff. “Fields of Valor” honors the men and women from California who served in our military and gave the ultimate sacrifice in Afghanistan, Iraq, and Vietnam.

DISCUSSION:

Public Works plays a vital role in aiding with th is annual event involving administrative and staffing hours. Though the Rotary Clubs have successfully broadened their volunteer base thereby reducing the overall event costs, the Club s still need assistance from the Public Works staff. The organizers will provide liability insurance and are working with Big League Dreams Sports Park to arrange the maintenance of the park during the event.

A basic description of the event includes:

• Surveying the flag locations, October 27-28
• Installing the rebar pipe for each flag display and mounting the flags, November 3 • Opening Ceremonies – Saturday, November 4 at 9 am
• Performances and speaker amplification for presentations at opening ceremonies.
• Static Display of Flags between Opening and Closing Ceremonies • Saturday, November 11 – Veterans Day
• Closing Ceremony, Sunday, November 12th at noon

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FISCAL IMPACT:

The City of Cathedral City has budgeted $2,500 sponsorship for the event from the Communications/Events budget and in-kind services, mostly from Public Works, of up to $6,000. Last time, the in-kind expenses totaled $3,186. Since the City is co -sponsoring the event, the applicant has requested the Special Use Fee of $300 be waived.

FIVE-YEAR STRATEGIC PLAN:

Action F-6: Promote additional community events and celebrations.

ATTACHMENTS:
my flyer #1
Fields of Valor 2023 SUP

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SunshineHerrera
760-272-6997
Veteran
AngelHerrera
951-403-4027
or
[email protected]
SunshineHerrera
760-272-6997
Veteran
AngelHerrera
951-403-4027
or
[email protected]

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Attachment: my flyer #1 (3917 : Special Use Permit - 2023 Fields of Valor)

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Attachment: Fields of Valor 2023 SUP (3917 : Special Use Permit - 2023 Fields of Valor)

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Attachment: Fields of Valor 2023 SUP (3917 : Special Use Permit - 2023 Fields of Valor)

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Attachment: Fields of Valor 2023 SUP (3917 : Special Use Permit - 2023 Fields of Valor)

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Attachment: Fields of Valor 2023 SUP (3917 : Special Use Permit - 2023 Fields of Valor)

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Attachment: Fields of Valor 2023 SUP (3917 : Special Use Permit - 2023 Fields of Valor)

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Attachment: Fields of Valor 2023 SUP (3917 : Special Use Permit - 2023 Fields of Valor)

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Staff Report

City Council

Item No. 4.G

Meeting Date: September 27, 2023
From: John Corella, Director of Engineering/Public Works Title: Tract No. 37124: Approval of Final Map and Subdivision Agreement (Subdivider NCP Verano, LLC)

City Council

RECOMMENDATION:

To approve Final Map of Tract No. 37124 and accept the dedications offered on the Map for public utility easement purposes and approve the Subdivision Agreement for Tract No. 37124 and authorize its execution by the Mayor and City Clerk.

BACKGROUND:

Tentative Tract 37124 (Tract) was approved by the City Planning Commission on March 15, 2017, for a three (3) lot residential subdivision consisting of 58 condominium units on vacant land at the northwest corner of Landau Boulevard and Verano Road. A vicinity sketch is attached.

This new Tract will be gated and served by private interior streets . The entire Tract’s nuisance and 100-year stormwater will drain directly east into the existing retention basin at the northwest corner of Landau Blvd. and Verona Road.

Additionally, the entire Tract will be annexed into the existing Rio Vista Master Homeowner’s Association (HOA), which maintains the retention basin cited above.

Staff has reviewed the proposed Supplemental Covenants, Conditions and Restrictions (CC&Rs) for the Tract and is satisfied that this document adequately provides for the maintenance of the Tract and the corresponding drainage/retention facilities.

When approved, this Tentative Tract Map was approved for an initial two (2) year period. The map was then extended by the Planning Commission, as allowed, for two one-year periods, at the Owner’s request. Subsequently, State Assembly Bill 1561, effective in September 2021, granted the Tentative Map a further extension to September 15, 2022. In October of 2022, the Planning Commission granted a third and final one -year extension , as allowed, of the Tentative Tract M ap, thus making September 15, 2023, the Tentative Tract Map’s final expiration date.

DISCUSSION:

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The NCP Verano, LLC, a Delaware limited liability company, (Subdivider), has prepared a Final Map for the Tract and has executed a Subdivision Agreement (Agreement), covering the obligations to complete the required public and private street, water and sewer improvements. The Subdivider has also posted security in the form of an irrevocable standby letter of credit, guaranteeing the faithful performance of the Agreement, and payment for labor and materials, and has posted a cash bond for placement of survey monuments and lot corners.

This Subdivider of the Tract has started the annexation process to join the City’s Community Facilities District for services . Once the annexation process is complete, the lot buyers will be taxed annually for their proportionate share of the financial impact of the Tract for City services.

All conditions of the original Tentative Map have been met, and the Final Map meets the requirements of the State Subdivision Map Act and City codes.

The Final Map, Subdivision Agreement and securities were filed with the City for approval prior to the Tentative Tract Map final expiration date, but not in time to make a City Council meeting agenda prior to the Tentative Tract Map expiration date of September 15. However, the State Subdivision Map Act Sec. 66452.6(d) provides that “once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving and recording, may lawfully occur after the date of expiration of the final map”. Thus, a timely filing of all the required Final Tract Map materials was made, therefore the Final Map approval may occur after the actual Tentative Map expiration date.

Staff therefore recommends the City Council approve Final Map No. 37124, accept the dedications as offered on the Final M ap, and approve the execution of the attached Subdivision Agreement by the Mayor and City Clerk.

ENVIRONMENTAL ANALYSIS:

When the Tentative Tract M ap was approved, the Planning Commission approved a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for this Project.

FISCAL IMPACT:

Approval and recordation of the Final Map will allow for the construction of 58 new single family condominium residences.

Ordinarily, the construction and occupancy of single-family units would likely cause further fiscal constraints in the ability of the City of Cathedral City to meet the new expected demands for public services from the buyers /residents of this residential subdivision. This is because the City’s General Fund revenue expected from this Tract is not likely to offset the actual costs of providing this development with such services :
e.g., Fire, Paramedics, Police, and other services.

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Since the development is now included in the City -wide Community Facilities District, it is expected that the special tax generated by the CFD will offset any financial impacts caused by these demands. Also, this development does not create any new public streets or infrastructure requiring City maintenance.

FIVE-YEAR STRATEGIC PLAN:

GOAL C: FISCAL STABILITY AND SUSTAINABILITY

Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

ATTACHMENTS:

Vicinity map TR 37124
Subdiv Agreemt TR 37124 Verona--executed

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Attachment: Vicinity map TR 37124 (3913 : Tract No. 37124: Approval of Final Map and Subdivision Agreement)

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Attachment: Subdiv Agreemt TR 37124 Verona--executed (3913 : Tract No. 37124: Approval of Final Map and Subdivision Agreement)

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Attachment: Subdiv Agreemt TR 37124 Verona--executed (3913 : Tract No. 37124: Approval of Final Map and Subdivision Agreement)

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Attachment: Subdiv Agreemt TR 37124 Verona--executed (3913 : Tract No. 37124: Approval of Final Map and Subdivision Agreement)

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Staff Report

City Council

Item No. 6.A

Meeting Date: September 27, 2023
From: Stone James, Economic Development Director
Title: AB 1600 Fee Justification Nexus Study

City Council

RECOMMENDATION:

To adopt the Assembly Bill (AB) 1600 Fee Justification Nexus Study findings and update the City's AB 1600 development impact fee schedule to reflect the adopted recommendations. Full implementation of the adopted fees will be effective January 1, 2024.

BACKGROUND:

During the 2020 Cathedral City (City) City Council goal -setting session, the Council directed staff to conduct a User Fee Study (USF), Cost Allocation Plan (CAP), and Development Impact Fee (DIF) study. These studies evaluate the City’s true cost of providing City services to new developments and voluntarily requested city services.

When the cost of providing City services is not fully recovered from new development, the unreimbursed City service costs must be covered from the General Fund. Using General Funds to cover the costs incurred by new development decreases funds available to serve existing residents.

Development Impact Fees are one-time fees charged to new development. DIF fees are intended to pay for backbone infrastructure and capital facilities required to serve the new developments and new residents. Municipalities are prohibited from using DIF fees to fund ongoing operations, maintenance, or to make up for existing service deficiencies. DIF fees must be accounted for, set aside, and saved until the municipality has the required funding to build the needed facilities. This study analyzed the following fees to provide: (i) Parks, (ii) Transportation, (iii) General Government Facilities, (iv) Fire Facilities, and (v) Police Facilities.

In Q3 2021, the City reviewed, analyzed, and implemented an updated USF and CAP.

With the updated USF and CAP as a foundation, City staff issued a DIF request for proposal. After receiving and reviewing multiple qualified responses, the City selected the Clearsource Financial/Harris and Associates team. Work on updating the A.B. 1600 DIF schedule began in Q2 2022.

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In October 2022, Harris and Associates (Harris) provided a progress update to City Council and identified remaining steps.

During the June 28, 2023, Study Session, Council reviewed the first draft of the A.B. 1600 Fee Justification Nexus Study (Nexus Study). Harris provided a detailed overview of the Nexus Study, contrasting allowable new development impact fees with current fees and comparing proposed development impact fees with fees charged by surrounding jurisdictions.

Following the June 28, 2023, Study Session, Staff received two comment letters from the Desert Valley Builder’s Association (DVBA). The Nexus Study has been modified to address DVBA’s concerns. In addition to the DVBA, t he Nexus Study was sent to the Building Industry Association, Southern California Edison, and Southern California Gas.

Only the DVBA has provided comments.

During the August 9, 2023, Study Session, City Council directed staff to , after analyzing and addressing stakeholder concerns, prepare the Nexus Study for Council adoption.

The Council also directed staff to implement 100% of the recommended fees on all qualified new development beginning January 1, 2024.

DISCUSSION:

The current A.B. 1600 Development Impact Fee schedule was adopted in January 2006. Construction costs have significantly increased since 2006. Given increased costs over the last seventeen years, there is a material shortfall between current development impact fees and what it will cost to build the municipal facilities required to serve future residents.

The following table identifies currently charged DIF fees, Nexus Study -proposed DIF fees, and the percentage increase or (decrease).

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** Note: The current A.B. 1600 fee schedule bases fees on whether a project is located north of Interstate 10 or south of Interstate 10. The Nexus Study establishes one set of DIF fees irrespective of whether a future project is located north or south of Interstate 10.

While there is a marked increase in development impact fees, this increase demonstrates the City has been undercharging the amount s necessary to pay for future capital improvements and facilities needed to support new development . By not collecting sufficient impact fees now, future years’ General Fund monies will be required to make up the shortfall between actual costs to construct required public facilities and collected DIF fees.

Using 2022 permit activity, the following table examines the impact fees collected under the current 2006 AB 1600 schedule and what would have been collected had this Nexus Study been implemented.

LOST REVENUE ANALYSIS
DEVELOPMENT TYPE:

Residential
Number of
Permits
Issued in
2022 by
Product
Type
TOTAL

COLLECTED

DIF FEES
USING 2006
FEE

SCHEDULE

TOTAL DIF

FEES WHICH
WOULD
HAVE

COLLECTED IF
USING

PROPOSED
NEXUS
STUDY

REVENUES

CITY SHOULD
HAVE

COLLECTED

BUT DID NOT

COLLECT
(New DIF fee
less current
DIF fees)
Single Family $694,100.00 $575,850.00

PROPOSED FEE INCREASE OR (DECREASE)
South of I10 North of I10**
DEVELOPMENT TYPE:

Residential
Square Foot
or Unit
Assumption*
TOTAL

CURRENT
DIF + PFS
TOTAL

PROPOSED
FEE
Percent
Change
TOTAL

CURRENT
DIF + PFS
TOTAL

PROPOSED
FEE
Percent
Change
Single Family

2,000

$2,150.00

$12,620.00 487% $3,758.00

$12,620.00 236%
Multi-family 8 Units

$16,000.00

$68,720.00 330%

$28,864.00

$68,720.00 138%

Non-Residential
Commercial/Retail

2,000

$814.40

$6,450.42 692% $2,501.70

$6,450.42 158%
Office/Non-Retail

2,000

$612.40

$8,457.10 1281% $1,262.80

$8,457.10 570%
Industrial/Non-Retail

2,000

$612.40

$1,028.54 68% $1,262.80

$1,028.54 -19%
* The above table illustrates development impact fees assuming a 2,000 square foot single family detached home, an eight (8) unit multifamily project (8,000 total livable square feet), and a 2,000 square foot commercial/retail space.

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55 $118,250.00
Multi-family

2 $32,000.00 $137,440.00 $105,440.00

Non-Residential
Commercial/Retail

2 $1,628.80 $12,900.84

$11,272.04
Office/Non-Retail

- - - - Industrial/Non-Retail

- - - - Total DIF Fees

$151,878.80 $844,440.84

$692,562.04
* The above table illustrates development impact fees assuming a 2,000 square foot single family detached home, an eight (8) unit multifamily project (8,000 total livable square feet), and a 2,000 square foot commercial/retail space.

On August 15, 2023, the City received the attached comment letter from the DVBA. This August 15th letter outlined the following four areas of concern: (i) is a five percent (5%) AB 1600 administrative fee appropriate; (ii) how can a three -acre per 1,000 resident fee be charged when the current parkland level of service for existing residents is 1.41 acres per 1,000; (iii) new development should not pay to correct existing infrastructure deficiencies; and (iv) the estimates to replace general City, Police, and Fire department vehicles seem s high. City staff worked with Harris and the City Attorney’s Office to understand and, when appropriate, address DVBA’s concerns.

(i) How is a five percent (5%) DIF program administration fee justified: The Mitigation Fee Act allows municipalities to charge a separate fee for the administration of the overall DIF fee program. DIF fee program administration includes collecting, analyzing, engaging consultants, conducting studies, and reporting on both collected and expended funds.

These tasks are technical and time -consuming. Administrative fees may be charged on a flat fee basis or a percentage basis. Industry -standard administrative fees range from 3% to 6%. Since all city fees must reflect actual costs of services provided, Harris and the City’s Director of Finance, Kevin Biersack, analyzed the actual costs of complying with AB 1600 and AB 602 requirements. This Finance Department and Harris analysis justifies a 3. 0% administrative fee. Harris has reduced the previously proposed administrative fee from 5% to 3. 0%. More detail may be found on page 5 of the Nexus Study.
(ii) Proposed park land level of service cannot be different from the current parkland level of service: The DVBA states DIFs are to be used to construct the new facilities required to serv e new developments/residents and may not be used to correct existing parkland deficiencies. DBVA believes the future park impact fees must be based on the City’s existing service levels (1.41 acres of parkland per 1,000 residents). The City Attorney’s Office, Harris, and City staff disagree. Section 66001(g) of the

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Mitigation Fee Act states, “… (g) A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to … (2) achieve an adopted level of service that is consistent with the general plan [emphasis added]” .

The 2040 General Plan Parks and Recreation Element identifies three acres of parkland per 1,000 resident s as the City’s park planning goal (pg.

PR-16). The City Attorney’s Office, Harris, and City Staff believe s the three acres of park land per 1,000 resident standard should continue to serve as the cost basis for the Nexus Study’s Parkland DIF fee . More detail may be found on page 15 of the Nexus Study.

(iii) New development should not pay to correct existing infrastructure (roadway) deficiencies: The proposed Nexus Study estimates there will be $75,168,461.53 of future transportation improvements required to serve future development -generated trips of 582,607. This cost estimate ($75,168,461.53) divided by future generated trips (582,607) results in a total transportation fee per future trip of $129.02. This $129.02 fee does not include an estimated $34,297,853.37 of transportation improvements costs attributable to existing developments. More detail may be found on page 23 of the Nexus Study.

(iv) The replacement estimates of City, Police, and Fire vehicles seem high:

Staff has evaluated and updated the replacement costs of the vehicles identified in the August 15 th DVBA letter. More detail may be found on pages 31, 38, and 45 of the Nexus Study.

The A.B. 1600 Nexus Study identifies the maximum justifiable development impact fees.

City Council has directed staff to fully implement the Nexus Study recommended fees beginning January 1, 2024.

FISCAL IMPACT:

Using 2022 permit activity outlined above, implementing the updated Nexus Study development impact fees would have resulted in an additionally collected $ 692,562 per year. Note, DIF fees are not added to the General Fund , rather DIF funds must be separately accounted for, held in trust, and may only be used to construct the municipal facilities required to serve future residents.

FIVE-YEAR STRATEGIC PLAN:

The implementation of updated USF, CAP, and DIF studies support s the following strategic plan goals:

GOAL B: COMMUNITY INVESTMENT Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

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GOAL C: FISCAL STABILITY AND SUSTAINABILITY Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high -quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

Action C-9 Complete and adopt the Development Impact Fee Study

ATTACHMENTS:
2023.09.15 Final Cathedral City Nexus Study
2023-08-15 DVBA DIF Nexus Study Cathedral City DIF Comments August 15 2023 Cathedral City 2040 General Plan Pages 1, 3, 4, 135-154 on Parks

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AB1600 Fee Justification Nexus Study
City of Cathedral City
Final - September 2023

Prepared For:

Prepared By:

101 Progress #250
Irvine, CA 92618
(949) 655-3900

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Table of Contents
Section 1 Executive Summary ............................................................................................... 1 Introduction .............................................................................................................. 1 Nexus Study ............................................................................................................. 2 Administrative Fee.................................................................................................... 5 Fee Adjustment Procedures ..................................................................................... 6 Timing of Fee Payment ............................................................................................ 6 Section 2 Legal Context and Methodology ........................................................................... 7 Nexus Requirement Summary ................................................................................. 7 AB602 ...................................................................................................................... 7 Methodology ............................................................................................................. 9 Section 3 Population and Land Use Assumptions ............................................................ 11 Land Use Types ..................................................................................................... 11 Growth Forecasts ................................................................................................... 11 Average Unit Sizes ................................................................................................. 13 Section 4 Park Facilities Fee ................................................................................................ 15 Background ............................................................................................................ 15 Parkland ................................................................................................................. 15 Service Population ................................................................................................. 16 Current Level of Service ......................................................................................... 16 Planned Level of Service........................................................................................ 17 Fee Methodology.................................................................................................... 19 Fee Summary ......................................................................................................... 20 Revenue Projections .............................................................................................. 20 Nexus Requirement Summary ............................................................................... 21 Section 5 Transportation Fee ............................................................................................... 23 Background ............................................................................................................ 23 Service Population ................................................................................................. 25 Cost Summary ....................................................................................................... 25 Fee Methodology.................................................................................................... 26 Fee Summary ......................................................................................................... 27 Reduced Traffic Fee ............................................................................................... 28 Revenue Projections .............................................................................................. 29 Nexus Requirement Summary ............................................................................... 29 Section 6 General Government Facilities Fee .................................................................... 31 Background ............................................................................................................ 31

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AB1600 Fee Justification Nexus Study ii September 2 023 City of Cathedral City
Current Level of Service ......................................................................................... 31 Planned Level of Service........................................................................................ 33 Fee Methodology.................................................................................................... 33 Fee Summary ......................................................................................................... 34 Revenue Projections .............................................................................................. 34 Nexus Requirement Summary ............................................................................... 35 Section 7 Fire Facilities Fee ................................................................................................. 38 Background ............................................................................................................ 38 Current Level of Service ......................................................................................... 38 Planned Level of Service........................................................................................ 40 Fee Methodology.................................................................................................... 40 Fee Summary ......................................................................................................... 40 Revenue Projections .............................................................................................. 41 Nexus Requirement Summary ............................................................................... 42 Section 8 Police Facilities Fee ............................................................................................. 45 Background ............................................................................................................ 45 Current Level of Service ......................................................................................... 45 Planned Level of Service........................................................................................ 47 Fee Methodology.................................................................................................... 47 Fee Summary ......................................................................................................... 48 Revenue Projections .............................................................................................. 48 Nexus Requirement Summary ............................................................................... 49 Section 9 Implementation and Administration ................................................................... 52 Implementation ....................................................................................................... 52 Fee Program Administrative Requirements ........................................................... 52 Fee Adjustment Procedures ................................................................................... 53 Timing of Fee Payment .......................................................................................... 53 Credits and Reimbursement Policies ..................................................................... 53 Administrative Fee.................................................................................................. 54 Programming Revenues with the CIP .................................................................... 54 Fee Reporting ........................................................................................................ 54 Accessory Dwelling Units ....................................................................................... 55 Specialized Development Projects ......................................................................... 55 Rebuild or Expansion Projects ............................................................................... 55

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AB1600 Fee Justification Nexus Study iii September 2023 City of Cathedral City
Appendix A Capital Improvement Program………………………………………………………..57 Appendix B Transportation Cost Details…………………………………………………………..59

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AB1600 Fee Justification Nexus Study iv September 2 023 City of Cathedral City
Tables
Table 1-1: City of Cathedral City List of Development Impact Fees ............................................. 4 Table 1-2: Summary of Proposed Development Impact Fees ...................................................... 5 Table 3-1: Existing Service Population ....................................................................................... 12 Table 3-2: Estimated Service Population at Buildout .................................................................. 12 Table 3-3: Persons per Household & Employment Density ........................................................ 13 Table 3-4: Residential Land Use Average Unit Size ................................................................... 14 Table 4-1: Park Facility Inventory List ......................................................................................... 16 Table 4-2: Future Park Facility Cost ........................................................................................... 19 Table 4-3: Park Facility Cost per Resident ................................................................................. 20 Table 4-4: Park Facilities Fee Cost Summary ............................................................................ 20 Table 4-5: Park Facilities Fee Estimated Revenue at Buildout ................................................... 21 Table 5-1: Transportation Facilities – Planned Facilities ............................................................ 24 Table 5-2: Future Additional Trips ............................................................................................... 25 Table 5-3: Existing Trips ............................................................................................................. 27 Table 5-4: Citywide Transportation Fee Summary ..................................................................... 28 Table 5-5: Anticipated Citywide Transportation Fee Collection at Buildout ................................ 29 Table 6-1: General Government Facilities Inventory List ............................................................ 32 Table 6-2: General Government Facilities Existing Level of Service .......................................... 33 Table 6-3: General Government Facilities Fee Summary ........................................................... 34 Table 6-4: General Government Fee Estimated Revenue at Buildout ........................................ 35 Table 7-1: Fire Facilities Inventory List ....................................................................................... 39 Table 7-2: Fire Facilities Existing Level of Service ..................................................................... 40 Table 7-3: Fire Facilities Fee Summary ...................................................................................... 41 Table 7-4: Anticipated Fire Facilities Estimated Revenue at Buildout......................................... 42 Table 8-1: Police Facilities Inventory List .................................................................................... 46 Table 8-2: Police Facilities Existing Level of Service .................................................................. 47 Table 8-3: Police Facilities Fee Summary .................................................................................. 48 Table 8-4: Anticipated Police Facilities Estimated Revenue at Buildout ..................................... 49

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Section 1 Executive Summary
Introduction
The City of Cathedral City (City) is a desert resor t city located in Riverside County. The City is tucked between the City of Palm Springs and the Cit y of Indio, in the northwest part of the Coachella Valley between the San Bernardino Mountains to the north, the San Jacinto Mountains to the south, and the San Gorgonio Pass to the west . It is the second most populated city in the Coachella Valley.

The City was incorporated in 1981 after beginning a s a housing development in 1925. The City began a downtown revitalization program in the late 1990s, which was completed by 2005. The program included a new city hall, movie theater com plex, and new and remodeled stores and restaurant space. The City features lush country clubs, diverse shopping districts, and a variety of recurring community events for residents and visitors.

At the time of the 2020 U.S. Census, the city popul ation was 51,493. As of January 1, 2022, the California Department of Finance (DOF) estimates th at the city population is 51,840. As the resident population and non-resident employment in the City increase, there exists a correlating rise in the demand for public infrastructure and se rvices to support the increased demand on the City. California’s Assembly Bill 1600 (AB1600) adop ted in 1987 and codified as California Government Code Section 66000 et. seq., allows the City to impose Development Impact Fees on new development within the City.

Development Impact Fees (DIFs) are a one-time charge on new development that is collected and used by the City to cover the cost of capital facilities, vehicles, and equipment that are required to serve new growth. In July 2021 the City adopted the updated July 1, 2019 Comprehensive General Plan (General Plan or 2040 General Plan) that forms the basis of the City’s current development impact fee program. As stated in the General Plan, most of the City south of US Interstate-10 is already developed and the remaining vacant lands in this area are generally located east of Date Palm Drive and north of Dinah Shore Drive. In recen t years, the City’s limits have expanded to include lands north of US I-10 and have extended ea st to Bob Hope Drive, where large-scale master planned communities have already been approv ed for development. For purposes of this Nexus Study, the land north of US I-10 is defined a s the North Area of the City. As noted in the General Plan, the City’s Sphere-of-Influence extends eastward on the north side of US I-10 taking in the community of Thousand Palms, continuing eastward beyond Cook Street and including the Classic Club and the surrounding master planned community.

As highlighted in the General Plan, development in the City over the past decades has been focused along the East Palm Canyon Drive (Highway 111) corr idor, and the northern areas of the City on the valley floor. The City is situated across a var iety of geographic and geologic conditions,

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including a mid-valley alluvial plain and limited m ountain foothills, as well as the sandy desert floor. The Santa Rosa Mountains bound the City on t he south and Edom Hill and the Indio Hills bound the City on the north.

The Nexus Study is based on the City limits and the full General Plan Buildout of the City. As stated in the land use chapter of the General Plan, the City's future is tied to the type and amount of new development it can accommodate at General Pl an Buildout. Projecting future Buildout capacity requires consideration of several variable s and is based on assumed densities (dwelling units per acre) and intensity factors that include allowed lot coverage and floor-to-area ratios (FAR), parking requirements, etc. While some of tod ay's developed lands may change in use in the coming years, most of the assumed City buildout is on remaining vacant lands planned for residential and employment-generating uses.

The General Plan includes and encompasses the North City Specific Plan planning area, which provides residential densities of from 25 to 45 dwe lling units per acre within a master-planned, mixed-use development context. These mixed-use desi gnations have also been applied to lands south of US I-10 and provide the City an important tool to further mixed-use, high density residential development elsewhere in the community. For additional information addressing these and other related issues associated with community housing stock, please see the City’s Housing Element.

The goal of the City is to develop a fee program that achieves the objectives laid out in the General Plan and associated master plans, balances fee levels with desired economic growth, and complies with the legal requirements of the Mitigation Fee Act (AB1600/Government Code Section 66000 et seq.) and Assembly Bill 602 (AB602).

Nexus Study
Purpose
As development occurs in the City, new backbone infrastructure and capital facilities are required to mitigate the increased demand created by new residents and workers. Revenues from DIFs fund the construction of new backbone infrastructure and capital facilities as well as the related administrative costs through the City’s fee program . The fee program contains separate fee categories for each type of infrastructure and capi tal facilities. Incorporated in this Nexus Study (Nexus Study, Study or Report) are the following fees:
• Park Facilities
• Transportation
• General Government Facilities
• Fire Facilities
• Police Facilities

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This Report is designed to satisfy the AB1600 Nexus requirements, AB602 requirements, and provide the necessary technical analysis to support the adoption of the updated fees. The fees will be effective 60 days after the City’s final action establishing and authorizing the collection of the fees.

Table 1-1 lists the fees the City currently collects and acc ounts for per the City’s Development Impact Fee Annual Report (“AB1600” Report) for Fisc al Year 2021-2022. The table below also shows which fees are included in the Nexus Study, w hich fees have been combined, and which fees are excluded.

As shown on Table 1-1, this Nexus Study excludes the Master Underground Plan (MUP) fee and the Art in Public Places Fee. The MUP fee was adopted in 1990 and given the significant changes to AB1600 requirements since 1990 and the new AB602 requirements, it is Harris’ recommendation that the MUP fee should be reevaluat ed with an undergrounding study or converted to an in-lieu fee. An in-lieu model is common for undergrounding fees and would require a municipal code update. The Art in Public Places F ee is currently an in-lieu fee for commercial and industrial projects equal to one percent of nin ety percent of the total project valuation. Harris conducted an analysis of different methodologies fo r updating the Art in Public Places Fee, including adding an additional impact fee for art o n residential development. After reviewing the options with City staff, it was determined that the Art in Public Places Fee would remain an in- lieu fee for non-residential development, which is consistent with numerous other jurisdictions for this type of fee.

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Table 1-1: City of Cathedral City List of Development Impact Fees Current Fees Notes from Nexus Study?
Master Underground Plan No change – Undergrounding study recommended or change to In-Lieu Fee
Fire and Police Facilities/Equipment Included in Separate Fire Facilities Fee and Police Facilities Fee
Traffic Signalization Included in Transportation Fee
City Yard Vehicle Storage Included in General Government Facilities Fee
Police Community Center Included in Police Facilities Fee Public Safety Training Site Included in Police Facilities Fee Public Safety Facilities Included in Separate Fire Facilities Fee and Police Facilities Fee
Road and Traffic Facilities Included in Transportation Fee Interchange and Bridges Included in Transportation Fee
Bikeway Facilities Included in Transportation Fee
Trail Facilities Included in Transportation Fee
Park and Recreation Facilities Included in Park Facilities Fee Transit Development No Change – not an AB1600 Fee
Art in Public Places No change – not an AB1600 Fee

Results
Table 1-2 shows a summary of the proposed fees. Pursuant to AB602, residential development fees are now assessed on a per square foot basis and non-residential development fees are assessed on a per 1,000 square foot basis. Park Facilities F ees are not assessed on non-residential development. The Park Facilities Fee is discussed in more detail in Chapter 4.

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Table 1-2: Summary of Proposed Development Impact Fees

Administrative Fee
The City oversees the implementation and administration of the DIF Program, consistent with the requirements of the Mitigation Fee Act. A three percent (3%) Administrative Fee is added to fund the costs of the City’s management and ongoing fee program administration, collection, and reporting, based on an analysis of the cost adminis trative cost necessary to support the DIF Program. This includes costs associated with City s taff and consultant time, studies, and administration to support the program. Furthermore, AB602, adds additional administration and reporting cities are responsible for meeting. Industry standard ranges from three to six percent (3- 6%) of the fee for the administrative component of a development fee program. The administrative functions include, but are not limited to, the following:
• Annual fee adjustments
• Annual fee reporting
• Additional fee reporting every five years
• Posting of nexus studies and fee schedules on the City’s website • Nexus study updates every eight years (an AB602 requirement) • Master Plans necessary to support the Nexus study updates • Staff and consultant time related to fee preparation, collection, tracking, and administration
• Staff and consultant time needed to track credits and reimbursements for improvements constructed in the fee program
Land Use 1 Parks Transportation
General
Government
Facilities Fire Police
Residential
Single Family $3.30 $0.63 $1.23 $0.68 $0.47
Multi-Family $4.65 $0.60 $1.73 $0.95 $0.66
Non-Residential
Commercial N/A $2,106.62 $579.18 $319.36 $220.05
Office N/A $1,770.12 $1,272.92 $701.88 $483.63
Industrial N/A $268.44 $127.29 $70.18 $48.36
Notes:
1 An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. The administration fee is calculated on a fee by fee basis. Please refer to the individual fee calculation tables for a breakdow n of the administration fee. (Fee per Square Foot)
(Fee per 1,000 Square Feet)

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In addition to the aforementioned administrative activities, the City is responsible for both (i) using fee revenues to plan for and construct required cap ital facilities and (ii) pursue other funding sources, as required, to bridge financial gaps betw een what is collected and the actual cost to construct needed facilities. A flat fee will impair the City’s ability to abide by AB602’s rigorous requirements.

Consistent with the Mitigation Fee Act, the Adminis trative Fee will be collected to fund the cost of the program administrative activities, such as a dministration, collection, and reporting. The costs to administer will vary each year. In additio n to annual program reporting activities and additional fee reporting requirements every five ye ars, AB602 requires the Nexus Study must be updated at least every eight years.

Fee Adjustment Procedures
The DIFs may be adjusted periodically to reflect re vised facility requirements, receipt of funding from alternative sources (i.e., state or federal gr ants), revised facilities or costs, changes in demographics, changes in the average unit square fo otage, or changes in the land use plan. In addition, the fees may be adjusted annually using t he Construction Cost Index (CCI) for the 20- City Average as reported by Engineering News Record (ENR) for a twelve-month period or a similar published index if the CCI Index is no longer available. City staff will calculate the annual adjustment utilizing the CCI Index. The adjusted fe es will be summarized in a resolution to be approved by City Council following the required not icing as outlined by section 66016 of the California Government Code.

Timing of Fee Payment
Fees will be collected at the time the building per mit for the project is issued. All residential projects will pay a fee based on the livable square footage of the residential unit(s). For high- density residential projects (defined in the Genera l Plan as high-density residential development with multi-family dwellings, including apartments and condominiums), the fees will be due at the time of the building permit for each building. For high-density residential projects with communal space, the non-residential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assume d to be captured in the residential fees. Areas that are accessible by the public (i.e., leasing office) will be charged impact fees according to use.

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Section 2 Legal Context and Methodology
Nexus Requirement Summary
AB1600 was enacted by the State of California in 19 87 creating the Mitigation Fee Act - Section 66000 et seq. of the Government Code. The Mitigatio n Fee Act requires that all public agencies satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of approval of a development project:

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified.

3. Determine how there is a reasonable relationship be tween the fees use and the type of development project on which the fee is imposed.

4. Determine how there is a reasonable relationship be tween the need for the public facility and the type of development project on which the fee is imposed.

5. Determine how there is a reasonable relationship be tween the amount of the fee and the cost of the public facility or portion of the p ublic facility attributable to the development on which the fee is imposed.

The purpose of this report is to demonstrate that a ll fee components comply with the Mitigation Fee Act. The assumptions, methodologies, facility standards, costs, and cost allocation factors that were used to establish the nexus between the fees a nd the development on which the fees will be charged are summarized in subsequent sections of this Report.

AB602
AB602, which was enacted by the State of California in 2021, amended Sections 65940.1 and 66019 of, and added Section 66016.5 to the Governme nt Code. AB602 requires that if a local agency conducts and adopts an impact fee nexus study after January 1, 2022, the local agency shall follow all of the following standards and practices:

1. Before the adoption of an associated development fee, an impact fee nexus study shall be adopted.

2. When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.

3. A nexus study shall include information that suppor ts the local agency’s actions, as required by subdivision (a) of Section 66001 of the Government Code.

4. If a nexus study supports the increase of an existi ng fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee.

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5. A nexus study adopted after July 1, 2022, shall cal culate a fee imposed on a housing development project proportionately to the square f ootage of proposed units of the development. A local agency that imposes a fee prop ortionately to the square footage of the proposed units of the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. A nexus study is not required to c omply with the requirements to calculate a fee imposed on a housing development project proportionally to the square footage of the proposed units if the local agency makes the following findings:
• An explanation as to why square footage is not appropriate metric to calculate fees imposed on housing development project.
• An explanation that an alternative basis of calcula ting the fee bears a reasonable relationship between the fee charged and the burden posed by the development. • That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees.

6. Large jurisdictions shall adopt a capital improvement plan as a part of the nexus study.

7. All studies shall be adopted at a public hearing wi th at least 30 days’ notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.

8. Studies shall be updated at least every eight years , from the period beginning on January 1, 2022.

9. The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pur suant to Section 50466.5 of the Health and Safety Code.

The purpose of this Report is to demonstrate that a ll fee components comply with the Mitigation Fee Act and AB602. An analysis of level of service for each applicable fee component is summarized in subsequent sections of this report.

Capital Improvement Plan
AB602 states that large jurisdictions shall adopt a capital improvement plan (CIP) as part of the nexus study. This report includes the facilities to be adopted as the City’s CIP for the DIF program in Appendix A.

Explanation of Level of Service and Fee Increase
AB602 requires that when applicable, the nexus stud y identifies the existing level of service for each public facility, identifies the proposed new l evel of service, and includes an explanation of why the new level of service is appropriate. This report relies on existing level of service standards developed in consultation with City staff and with reference to the existing capital facilities and

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improvements in the City for all the fee programs documented herein apart from the Park Facilities Fee and Transportation Fee. Utilizing the existing level of service as the fee basis is appropriate for new development to pay their fair share. The transportation fee is a new combined fee program, the calculation presented herein for this fee program provides justification for an entirely new fee based on planned facilities required to serve exist ing and new development. New development will pay their allocated fair share of cost, rather than an increase over an existing amount. For the Park Facilities Fee, the existing level of service is identified and acknowledged that it falls below the City Standard. The City Standard is utilized fo r the Park Facilities Fee as it is an appropriate City Standard set by the General Plan and as the Ci ty has significant growth in the North area of the City, it is appropriate for new development to meet this City Standard. New development is expected to pay the fee that results in meeting the City Standard and will not be used to fund existing deficiencies. Furthermore, Government Code 66001 states, “A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the genera l plan”. The Park Facilities Fee achieves an adopted level of service that is consistent with th e City’s adopted General Plan. This approach, therefore, is consistent with the Mitigation Fee Ac t. AB602 requires that when applicable, the nexus study identifies the existing level of service for each public facility, identifies the proposed new level of service, and includes an explanation o f why the new level of service is appropriate.

This Nexus Study meets that requirement of the expl anation of why the new level of service is appropriate based on the General Plan standard.

Methodology
Imposed fees require various findings to ensure tha t a reasonable relationship exists between the fee amount and the cost of the facility or portion of the facility attributable to the new development.

Several methodologies are available to determine fe e amounts. Choosing the appropriate methodology depends on the type of facility for which the fee is calculated and the availability of documentation to support the fee calculation. Follo wing is a discussion of the methodologies available to calculate the separate fee components in this report.

Facility Standards Method
The facility standards method determines the facili ties and associated costs required to accommodate growth based on adopted City standards. Depending on the fee analysis, the City may or may not currently have sufficient facilities to meet the adopted standard. If the City’s existing facilities are below the standards, then a deficiency exists. In this case, the portion of th e cost of planned facilities associated with correcti ng the deficiency must be satisfied with funding sources other than Development Impact Fees (DIFs). AB1600 fees can only fund facilities needed to accommodate new development at the adopted standard.

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Master Plan Method
The master plan method is based on a master facilities plan in situations where the needed facilities serve both existing and new development. This appro ach allocates existing and planned facilities across existing and new development to determine ne w development’s fair share of the needed facility. This approach is used when it is not possible to differentiate the benefits of new facilities between existing and new development.

Planned Facilities Method
The planned facilities method calculates the standard based solely on the ratio of planned facilities to the increase in demand associated with new devel opment. This method is appropriate when planned facilities are mostly for the benefit of ne w development, such as a wastewater trunk line extension to a previously undeveloped area. This me thod may also be used when there is excess capacity in existing facilities that can accommodate new development.

Existing Inventory Method
The existing inventory method uses a facility stand ard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available.

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Section 3 Population and Land Use Assumptions
Land Use Types
To ensure a reasonable relationship between each fee and the type of development paying the fee, different land use types must be distinguished. The land use categories used in this analysis are defined below.
• Single Family Residential (SFR) : Detached single-family dwelling units. Includes very low density, low density, and age-restricted units. • Multi-Family Residential (MFR): Attached residential projects. • Accessory Dwelling Unit (ADU) : A second unit, attached or detached from a SFR. • Commercial : All commercial, retail, educational, hotel/motel development, and mixed-use development.
• Office : All general, professional, and medical office development. • Industrial : All manufacturing and warehouse development.

Some developments may include more than one land us e type, such as an industrial warehouse with living quarters (a live-work designation) or a planned unit development with both single and multi-family uses. In these cases, the fees will be calculated separately for each land use type.

Growth Forecasts
Growth projections are used as indicators of demand and projected revenue to fund the infrastructure identified in Appendix A. The City’s existing population and Buildout population projections are critical assumptions used throughout the fee sections that follow in this report. The following resources were used as part of this analysis:
• Estimates of total development through Buildout were based on the City’s land use plan from the City’s Comprehensive General Plan, adopted July 28, 2021. • Population projections were based on the land use p rojections and the estimated persons per household taken from the US Census American Community Survey. • Existing population estimates are from the 2021 California Department of Finance. • Existing non-residential worker populations are bas ed on non-residential data for the City of Cathedral City derived from the City’s Comprehensive General Plan, adopted July 28, 2021, and employees per square feet assumption from the USGBC LEED BD+C: New Construction | v4 – Default Occupancy Counts.. • Worker projections are based on estimated buildout square footage and the employees per square feet assumption from the USGBC LEED BD+C: New Construction | v4 – Default Occupancy Counts.

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Table 3-1 identifies the existing service population. Non-residential buildings are typically occupied less than dwelling units, so it is reasona ble to assume that average per-worker demand for services is less than average per-resident dema nd. The 0.37-weighting factor for workers is based upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours).

Table 3-1: Existing Service Population

Table 3-2 shows the estimated service population at Buildout.

Table 3-2: Estimated Service Population at Buildout

Category
Total
Persons
Weighting
Factor 3
Service
Population
Residents 1 51,840 1.00 51,840
Workers 2 11,063 0.37 4,093
Total 62,903 55,933
Notes:
1 2
3 Source:

California Department of Finance E-5 Population and Housing Estimates, City of Cathedral City Comprehensive General Plan (adopted July 28, 2021).

Based on State of California Department of Finance E-5 Population and Housing Estimates for Cities, Counties, and the State, dated January 1st 2021.

Employment data for the City of Cathedral City derived from the adopted General Plan (July 2021).

Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).

Category
Future
Persons
(Buildout)
Total
Persons at
Buildout
Weighting
Factor 3
Future
Buildout
Service
Population
Service
Population
at Buildout
Residents
1 85,130 136,970 1.00 85,130 136,970
Workers 2 73,007 84,070 0.37 27,013 31,106
Total 158,137 221,040 112,143 168,076
Notes:
1 2
3 Based on State of California Department of Finance E-5 Population and Housing Estimates for Cities, Counties, and the State, dated January 1st 2021 combined w ith the buildout development derived from the City of Cathedral City Comprehensive General Plan adopted July 28, 2021.

Employment data for the City of Cathedral City derived from the United States Census Bureau On The Map Application combined w ith the buildout development derived from the City of Cathedral City Comprehensive General Plan adopted July 28, 2021.

Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).

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Occupant Density
Occupant densities ensure a reasonable relationship between the increase in service population and the amount of the fee. Developers pay the fee based on the square footage of additional housing units or building square feet of non-residential de velopment, so the fee schedule must convert service population estimates to these measurements of project size. This conversion is done using the average occupant density factors by land use type shown in Table 3-3. The residential density factors were derived from the US Census American Community Survey while the non-residential densities were derived from the U.S. Green Building Council Default Occupancy Counts.

Table 3-3: Persons per Household & Employment Density

Average Unit Sizes
To meet AB602 requirement five (5), this Report calculated the average unit size for single family residential and multifamily units based on the estimated average size of planned new development within each land use category in the City. The aver age unit size is based on the livable square footage of the residential unit for all residential land uses. This Report derived the unit sizes from the Market Watch Quarterly New Home Report for Coac hella Valley, dated December 2022 and the Desert Housing Report dated October 2022.

Basing the average unit size on livable square footage for all residential units is not only consistent with industry standard for fee calculations, it provides a strong nexus between the impact of the unit and the fee amount. A good example of this industry standard are school fees in California. In California school fees are based on assessable spac e, which means a quantity equal to the area (expressed in square feet) within the perimeter of a residential structure, not including the carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure or similar structure.

As stated previously, to accurately capture the imp act of a residential project on capital facilities for high-density multi-family residential projects with communal spaces, the communal spaces Density Assumptions
Residential 1
Single Family 2.85 Residents per dwelling unit
Multi-Family 2.51 Residents per dwelling unit
Non-Residential
2 Commercial 1.82 Employees per 1,000 square feet
Office 4.00 Employees per 1,000 square feet
Industrial 0.40 Employees per 1,000 square feet
Notes:
1 Extrapolated from American Community Survey 2020 5-Year Estimates: Table B25032 & B25033. 2 USGBC LEED BD+C: New Construction | v4 - Default Occupancy Counts.

Source:

U.S. Census Bureau, American Community Survey and the U.S. Green Building Council.

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(i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Areas that contain employees and are accessible by the public (i.e., leasing office) will be charged i mpact fees according to use. The non-residential area accessible by the public (i.e., leasing office) will be based on the useable size of that area. The usable square footage is the actual area of a space as measured within the demising exterior walls of that space. Including areas that contain employees that are accessible by the public captures the additional impact these new facilities will have on the backbone facilities in the City.

Table 3-4 summarizes the estimated average size of planned n ew development within each residential land use category utilized for this study.

Table 3-4: Residential Land Use Average Unit Size

The City will monitor the average size of housing units in the City based on new developments on an annual basis and if the size of units on average are significantly different than anticipated, the fees will be updated as part of the annual update for the fee adjustment to reflect this change in order to ensure the fee program collects the anticipated level of funding.

Land Use Unit Size (SF)
Single Family 2,000
Multi-Family 1,250
Notes:
1 Unit sizes derived from the Desert Housing Report dated 10/22 and Market Watch Quarterly New Home Report for Coachella Valley, dated December 2022.

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Section 4 Park Facilities Fee
Background
This section presents an analysis of the need for a dditional parks to accommodate new development in the City and the fees that are neces sary in order to ensure that new development provides adequate funding to meet those needs. This Nexus Study updates the methodology of the existing Parks Fee and recommends updated fees.

Residential development in the City will pay the Pa rk Facilities Fee at building permit issuance.

The park cost was estimated based on the existing City adopted standard of three (3) acres of green space per 1,000 residents. The Park Facilities Fee is for park facility development cost only and does not include parkland acquisition costs. Parkla nd acquisition under the Quimby Act requires developers to either dedicate land to satisfy their parkland requirement or pay an in-lieu fee. The in-lieu fee is dependent upon appraised land cost a nd thus, the amount should be agreed upon between the City and the developer when the land dedication is triggered. The City has an existing Quimby in-lieu fee (also known as a Park In-Lieu Fee). As noted in the General Plan, Park In-Lieu Fees stem from the Quimby Act. Quimby provides for the dedication of land for parks, or in certain instances (i.e. a subdivision is small), a fee in-lieu of dedicating land is provided. It is important to note that for the Park In-Lieu Fee, infill projects are exempt, and the fee applies primarily to parkland and land improvements in new neighborhoods . For the Park Facilities Fee, which is a DIF, the fee applies only to new development and is only assessed for new capital costs related to the new development with a defined beneficiary relationship.

Parkland
AB1191, also known as the Quimby Act, was establish ed by the California State Legislature in 1965 and codified as California Government Code Sec tion 66477. The Quimby Act outlines the requirements for imposing fees for park purposes wi th a minimum of three (3) acres and a maximum of five (5) acres of green space per 1,000 residents. The Quimby Act allows the legislative body of a city or county, by ordinance, to require the dedication of land or impose a requirement of the payment of fees in-lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approva l of a tentative tract map or parcel map.

Currently the City imposes a Residential Quimby Par ks Fee based on three (3) acres per 1,000 residents or the payment of an in-lieu fee. The for mula is based on a dwelling unit factor, the parkland dedication requirement (currently three (3) acres per 1,000 residents) and the fair market value per acre (varies per development).

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Service Population
The Park Facilities Fee is not applied to non-resid ential development because workers typically do not use park facilities.

Current Level of Service
Per the City’s Comprehensive General Plan, the City has a total of 73.23 acres of developed parkland. Table 4-1 lists the existing parkland available to current residents. Based on a population of approximately 51,840, there are 1.41 acres of ex isting parkland per 1,000 persons/residents as also shown in Table 4-1. Thus, the current parkland is less than the stand ard of 3 acres per 1,000 people on a citywide level.

Table 4-1: Park Facility Inventory List

Park Facility Acreage 1
Community Parks
Dennis Keat Soccer Park 19.25
Subtotal Community Parks 19.25
Neighborhood Park
Dream Homes Park 7.85
Century Park 7.02
Ocotillo Park 7.04
Panorama Park 12.57
Patriot Park 7.00
Second Street Park 4.41
Subtotal Neighborhood Parks 45.89
Mini Park
Cathedral City Dog Park 1.29
Festival Lawn 2.04
Memorial Park 0.20
Town Square 2.06
Subtotal Mini Parks 5.59
Performance and Event Venue
Community Amphitheater 2.50
Subtotal Performance and Event Venues 2.50
Total Park Acreage 73.23
Existing Service Population 51,840
Total Park Acreage per 1,000 1.41
Notes:
1 Park acreages derived from the City of Cathedral City 2040 General Plan, Adopted 2021.

Source:

City of Cathedral City 2040 General Plan.

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Undeveloped Parkland
As identified in the 2040 General Plan, the City has continued to acquire parkland to further expand park and recreational services. The table below identifies acquired parkland that will be developed by the City as public parks in the future. The City is actively exploring partnerships with such entities as the Desert Health District and others. Such collaboration can extend the value and usefulness of City parks lands now and in the future.

As shown on the table above, the City currently own s approximately 128.3 acres of undeveloped parkland and is committed to developing the parklan d in the future. The City recently developed the Community Amphitheater at the corner of Cathedr al Canyon Drive and Avenida Lalo Guerrero, which is used as a music and theater venu e, and for other cultural, entertainment, and recreational uses. The City also recently completed the Panorama Dog Park with plans to build another dog park within the Downtown area. The City has identified required funding sources. The City has shown on ongoing commitment of finding funding for parks through grants, general fund revenue, and other funding sources. Funding for parks is outlined as an action item in the City’s 5 Year Strategic Plan and discussed in the City’s rec ently adopted 2040 General Plan. The City currently owns enough parkland that, when developed , the City will meet or exceed the General Plan standard of (3) acres per 1,000 residents.

The City has been successful in securing grants for park facilities in the past. The City was awarded $6.4 million in grant funding for the Ocotillo Park ($5 million) and the Amphitheater ($1.4 million) as well as $8.498 million for the Dream Homes Park. The City has demonstrated a successful track record and commitment to pursuing grant funding for parks and will continue to aggressively target and pursue grants for parks. Furthermore, in the C ity’s 5-year CIP the City has planned $1.56 million of General Fund revenue to fund parks. The City will continue to identify funding sources and explore partnerships for joint-use facilities t o develop the City’s undeveloped parkland.

Furthermore, the City has an existing fund balance for the Park and Recreation Facilities Fee of $899,554 as of 06/30/2022 per the City’s AB1600 annual report.

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Planned Level of Service
The City has established a goal for parks at three (3) acres of parkland per 1,000 residents, per the Parks Master Plan and City General Plan. This analy sis is based on the existing City standard of three (3) acres of parkland per 1,000 residents, where new development will contribute and develop three (3) acres of parkland per 1,000 residents. As new development cannot fund existing deficiencies, new development will not be required to bring the City’s existing level of service to this standard Citywide, but new development will be required to meet the standard of three (3) acres of parkland per 1,000 residents with this fee . Applying the General Plan standard to new development is consistent with the Mitigation Fee A ct, as outlined in Government Code Section 66001, “A fee shall not include the costs attributa ble to existing deficiencies in public facilities, but may include the costs attributable to the incre ased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan”.

The City General Plan and the Municipal Code (Secti on 9.106.040) have an adopted level of service of three (3) acres of parkland per 1,000 re sidents. As stated previously, the existing level of service is identified and acknowledged that it falls below the City Standard. In compliance with Government Code Section 66001, the City Standard is utilized for the Park Facilities Fee as it is a City Standard set by the adopted General Plan and as the City has significant growth in the North area of the City, it is appropriate for new develop ment to meet this City Standard for the new residents to utilize parks. New development is expe cted to pay the fee that results in meeting the City Standard and will not be used to fund existing deficiencies. The City will use other funding sources, such as grants and General Fund revenue, to bring up the existing level of service to three (3) acres of parkland per 1,000 residents.

As outlined in the City’s 2040 General Plan, in 200 3, the Parks and Recreation Department was removed from City financial support due to budget c onstraints. The City continues to maintain a five-member citizen-based Parks and Community Events Commission to assess the community’s recreational services and facilities, and to advise the City Council regarding funding, recreational programming, parks facilities and usage, and related issues. Currently, the City does not meet the adopted standard of (3) three acres of parkland per 1,000 residents. The General Plan states that the City will strive to meet the adopted park acrea ge standards, identify appropriate locations for future parks and related open space, evaluate fundi ng options, and continue to develop parks and recreational facilities that best meet the needs of the community. It will continue to develop a complete network of bikeways and pedestrian pathway s. The network should be linked to important activity nodes within the community to de crease the dependence on vehicles and promote physical activity. The General Plan has a goal of a City-wide system of parks, open space and other recreational amenities and programs that at a minimum satisfy Quimby Act standards

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and another goal of a wide offering of facilities and programs supporting and encouraging physical activity, social interaction, and enhanced social c ohesion in the community parks, recreation and open space areas. Furthermore, as outlined in the City’s April 2023 5 Year Strategic Plan, it identifies actions for park funding.

As described in more detail in Chapter 9 of this Ne xus Study, the City may provide fee credits or reimbursements to developers who construct eligible facilities. Given that parkland must be dedicated at (3) acres per 1,000 residents, consistent with Quimby and the City’s municipal code, it would be inconsistent to then have a different s tandard for park facilities and adopting a lower standard for park amenitization could cause issues with fee credits and reimbursements. As demonstrated above, having a Park Facilities Fee ba sed on the General Plan standard meets the requirements of the Mitigation Fee Act, but also ma intains consistency with all adopted park policies and the City’s municipal code.

Fee Methodology
The Park Facilities Fee is based on the Facility St andards Method. This method determines the facilities and associated costs required to accommo date growth based on adopted City standards.

Using this approach for parks, new development funds the expansion of facilities and construction of new facilities at the adopted General Plan stand ard for the City. Table 4-2 calculates the total cost of future park improvements based on the Gener al Plan standard of three (3) acres per 1,000 residents, anticipated service population growth, a nd the cost per acre of park development. Fee revenues may be used to construct park improvements and facilities on land dedicated by developers in accordance with the City’s Quimby Ordinance or though land purchased through the payment of the in-lieu Quimby Fee.

Table 4-2: Future Park Facility Cost

Description Total Unit
Future Park Improvements
City of Cathedral City Park Acre per 1,000 Standard 1 3.00 acres City of Cathedral City Future Service Population 85, 130 residents Total Park Acreage Required to Serve New Development 255.39 acres Cost per Acre for Park Improvements 2 750,000 $ cost/acre Total Future Park Improvement Cost 191,542,500 $ Total Cost Notes:
1 Park Acreage per 1,000 derived from the City of Cathedral City 2040 Plan, adopted in 2021. 2 Cost per Acre of Park Improvements provided by the City of Cathedral City on August 18, 2022.

Source:

City of Cathedral City 2040 General Plan and Cathedral City Parks & Recreation Department.

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Table 4-3 identifies the park cost per capita by taking the future cost of park improvements and dividing by the future service population.

Table 4-3: Park Facility Cost per Resident

Fee Summary
The Park Facilities Fee per unit is calculated by m ultiplying the cost per capita by the average number of residents per unit type (density). The fe e per unit must then be converted to a fee per square foot by taking the total fee per unit and dividing by the estimated average unit size for each land use to arrive at the fee per square foot. The total fee includes a three percent (3%) administrative charge to fund fee program administr ative costs, including but not limited to preparing annual reports, preparing fee updates, an d other administrative tasks related to the fee program administration. These calculations are shown in Table 4-4.

Table 4-4: Park Facilities Fee Cost Summary

Revenue Projections
Table 4-5 summarizes the anticipated Park Facilities Fee rev enue. The revenue will be available to expand the City’s Park facilities to meet the ne eds of new residents. Based on the population estimates in this Nexus Study and using the City Ge neral Plan standard of 3 acres per 1,000 residents, it is anticipated that approximately 255 additional acres of parks facilities are needed to meet the needs of the City at Buildout at a cost of approximately $197 million.

Description Value
Future Facilities
Future Park Improvements 191,542,500 $
Subtotal Park Improvements 1 191,542,500 $
Future Service Population 85,130
Total Existing Level of Service per Capita 2,250 $
Notes:
1 Cost per Acre of Park Improvements provided by the City of Cathedral City on August 18, 2022.

Source:

City of Cathedral City 2040 General Plan.

Land Use
Cost Per
Capita Density
Subtotal Fee
(per unit)
Administration Fee
(per unit)
Total Fee
(per unit)
Average Unit
Size (SF) Fee/SF
Residential
Single Family 2,250 $ 2.85 6,412.50 $ 192.38 $ 6,604.88 $ 2,000 3.30 $ Multi Family 2,250 $ 2.51 5,647.50 $ 169.43 $ 5,816.93 $ 1,250 4.65 $ Notes:
1 An administrative fee of 3.0% is included in the fees shown for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.

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Table 4-5: Park Facilities Fee Estimated Revenue at Buildout

Nexus Requirement Summary
The Park Facilities Fee component of the DIF progra m meets the Mitigation Fee Act Requirements, as described in this section.

Requirement 1: Identify the purpose of the fee.

The purpose of the Park Facilities Fee is to fund the park needs generated by new development in the City. Each new resident creates a demand for ad ditional neighborhood parks, mini parks, and community parks. The City’s adopted standard is to provide 3 acres of parkland for each 1,000 residents. In order to accommodate these needs, new park facilities will be built and/or existing park facilities will be expanded . Table 4-3 calculates the parks cost per capita based on the C ity standard for parks and the estimated construction cost.

Requirement 2: Identify the use of the fee.

The Park Facilities Fee will be used to fund new pa rk development in order to meet the City’s General Plan and Park Master Plan standards discussed in this chapter. The anticipated fee revenue at Buildout is shown on Table 4-5.

Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The fee will be used to fund new neighborhood, mini and community parks that are necessary to serve the increased residents in the City. New resi dential development generates additional residents which increases the demand for park facilities. The Park Facilities Fee is calculated using the City’s General Plan standard of three (3) acres of park per 1,000 residents. Residential development is responsible for paying its fair shar e to meet the City’s standard. Non-residential uses do not pay the fee since they do not generate additional residents and workers have minimal impact on the City’s park system.

Land Use
Proposed
Fee (SF) 1
Anticipated
Growth
(units)
Anticipated
Growth
(SF)
Anticipated
Fee Collection
at Buildout 2
Residential per SF
Single Family $3.30 8,266 16,531,000 $54,552,300
Multi Family $4.65 24,531 30,663,915 $142,587,204
Total $197,139,504
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

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Table 4-3 calculates the cost per capita and then allocates the cost to each development type based on the estimated persons per household. Table 4-4 then calculates the cost per square foot for the residential units based on the estimated average unit size . By basing the fee on the size of the unit and the estimated number of new residents that is a nticipated to be generated by the addition of that square footage, the fee is directly correlated to the increased need for new parks.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new residential development is anticipated to generate new residents. The addition of new residents creates the need for new neighborhood, mi ni and community parks to meet the City’s General Plan park standard of three (3) acres per 1 ,000 residents. The fee is directly correlated to the number of new residents expected to be generate d by each type of development. Non- residential development does not pay for parks as non-residential developments do not generate a significant demand for park facilities. Residential development pays its fair share based on the estimated persons the new unit is expected to generate.

Requirement 5: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

As new residential units are constructed, new park facilities are necessary to meet the City’s General Plan standard of 3 acres of park per 1,000 residents. The Park Facilities Fee is calculated by taking the cost per acre of park development tim es three (3) acres of parks per 1,000 future residents to determine the cost per capita, as show n in Table 4-3. The cost per capita is then allocated to each residential land use based on the persons per household each unit is expected to generate, assessed an administrative fee of 3% and divided by the average unit size in square feet to determine the fee per square foot as shown in Table 4-4. Since the need for park land is based on the number of new residents, calculating the fee based on the number of persons each unit is expected to generate and converting to a fee per square feet, ensures that each new residential unit is paying only its fair share of the required facilities.

By determining the fee based on the estimated new r esidents that would be generated by new development, each new residential unit is paying on ly its fair share of the facilities required to meet the City’s General Plan Standard. Non-residential land uses are not assessed a Park Facilities Fee as non-residential development will not generate an increase in park facility demand.

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Section 5 Transportation Fee
Background
This section presents an analysis of the Citywide T ransportation Fee. The proposed Citywide Transportation Fee covers the costs to mitigate the impacts of new development on the City’s traffic facilities. The fees listed below are charged on new development within the City and cover transportation projects that were in part or fully attributable to new development when the projects were created:
• Traffic Signalization
• Road and Traffic Facilities
• Interchange and Bridges
• Bikeway Facilities
• Trail Facilities
The Citywide Transportation Fee proposes to merge t he five fees above into one single fee based on the updated analysis presented in this chapter. The new Citywide Transportation Fee will establish a separate capital facilities fund to avo id any commingling of transportation fees with other revenues and funds. The Mitigation Fee Act re quires that fees are expended solely for the purpose for which the fees were collected. To compl y with the Mitigation Fee Act, the existing funds for the Traffic Signalization, Road and Traffic Facilities, Interchange and Bridges, Bikeway Facilities, and Trail Facilities will be transferred to the new Citywide Transportation Fee fund.

As shown on Table 5-1, the future street improvements and traffic signal facilities were developed by the City of Cathedral City Engineering Departmen t based on facilities necessary to serve new development. Additional information is provided in Appendix B . The future bikeways and multi- modal facilities were derived from the City of Cathedral City Comprehensive General Plan.

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Table 5-1: Transportation Facilities – Planned Facilities

Description Value
Street Improvements / Traffic Signals 1
Street Improvements 75,223,090.90 $
Traffic Signals 15,000,000.00 $
Subtotal Street Improvements / Traffic Signals 90,22 3,090.90 $ Mobility Improvements 2,3
Class I 17,610,912.00 $
Class 2 1,318,680.00 $
Off Road Shared NEV/Bike 313,632.00 $
Subtotal Mobility Facilities 19,243,224.00 $
Trips
Existing Trips 265,832
Future Additional Trips 582,607
Subtotal Trips 848,439
Trip Allocation
Existing Trips 31%
Future Additional Trips 69%
Subtotal Trips 100%
Transportation Improvements Cost Allocation
Existing Development Responsibility 34,297,853.37 $
Future Development Responsibility 75,168,461.53 $
Subtotal Improvement Costs 109,466,314.90 $
Total Transportation Fee per Future Trip 129.02 $
Notes:
1 Future street improvements and traffic signal facilities developed by the City of Cathedral City Engineering Department.
2 Future bikew ays & multi-modal facilities derived from the City of Cathedral City Draft Comprehensive General Plan dated July 1, 2019 and 2040 General Plan, adopted 2021. 3 Cost estimates per mile provided by the City of Cathedral City on August 18, 2022.

Source:

City of Cathedral City Comprehensive General Plan and Cathedral City Active Transportation Plan and City of Cathedral City.

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Service Population
Demand for services and the associated facilities for transportation are based on the additional trips that will be generated by new development through B uildout conditions. The Citywide Transportation Fee utilizes the land use trip generation assumptions presented in Table 5-2 for the various residential and non-residential land uses b ased on the ITE Trip Generation Manual, 11.1 Edition.

Table 5-2: Future Additional Trips

Cost Summary
The Citywide Transportation Fee will fund the expan sion and construction of new transportation facilities necessary to serve new growth. Table 5.1 calculates the fair share between existing and new development for new or expanded future faciliti es based on trips. These transportation facilities will be necessary to meet the demands of the growth of the City at Buildout. The transportation facilities listed in Table 5-1 have total DIF eligible project costs estimated to be approximately $109.5 million, with future developme nt’s responsibility approximately $75.2 million. These improvements listed on Table 5-1 are future improvements that have not yet been triggered nor are they required prior to development occurring. As new development occurs, there are additional trips associated with the new development, which correlates to a need for additional transportation improvements. The Nexus Study acknow ledges that the existing development will benefit from these transportation improvements once they are constructed and therefore existing developments’ fair share of the improvements (based trip generation rates) is allocated to existing development and is not spread to new development.

The City will review the potential funding sources for transportation projects to determine the appropriate funding mechanisms as transportation pr ojects move forward as well as identify Land Use Future Units / Workers ITE Trip Rate 1
Trips
Generated
Residential units
Single Family 8,266 9.43 77,943.67
Multi-Family 2 24,531 5.64 138,355.58
Subtotal Residential 216,299.25
Non-Residential workers
Commercial 20,908 8.71 182,111.28
Office 45,873 3.33 152,755.99
Industrial 6,226 5.05 31,440.38
Subtotal Non-Residential 366,307.66
Total Future Trips 582,606.91
Notes:
1 Institute of Transportation Engineers Common Daily Trip Generation Rates sourced from the ITE Trip Generation Manual, 11th Edition. 2 Multi-Family trip generation based on the average trips for attached 2-4 and attached 4+ units. ITE 11.1 Edition Daily Trip Generation Rate. ITE 11th Edition notes:

All land uses in the retail & services are entitled to a "pass-by" trip reduction of 60% if less than 50,000 SF or a reduction of 40% if equal to or greater than 50,000 SF. This Study assumes a 50% "pass-by" trip reduction.

Source:

Institute of Transportation Engineer's 11th Edition.

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funding sources through the CIP process and identify action plans in updates to the City's Strategic Plan. The $34.3 million will not be funded by new development as existing development will have an impact on these facilities and therefore the City will fund this amount through funding sources such as the General Fund, grants, or other funding sources. It is important for new development to fund their fair share of their impact on transportation facilities. As new development will impact the existing transportation infrastructure, this is a conservative approach that does not burden new development with any existing deficiencies.

Fee Methodology
The Transportation Fee uses the Planned Facilities Method to calculate the fee. The Planned Facilities Method calculates the fee based on the p lanned facilities associated with new development. This method is appropriate when planned facilities are mostly for the benefit of new development, such as a road extension to a previously undeveloped area.

The Transportation Fee is calculated based on the c ost per trip generated by new development.

The total cost of the facilities attributed to new development identified in Table 5-1 is spread over the anticipated number of trips that will be genera ted by future development (as shown in Table 5-2) to calculate the cost per trip.

To calculate the total number of new trips attribut able to new development through Buildout, the growth projections, detailed in Chapter 3 , are multiplied by the corresponding trip generation rates identified in Table 5-2. These trip generation rates for the land use types within this fee program are based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11.1 Edition.

The multi-family assumption is an average of the mu lti-family attached 2-4 rate and multifamily attached 4+ rate. The non-residential land use ITE rates are assessed per employee, so the rates are multiplied by future employees at Buildout in the City.

Residential trips were calculated by multiplying th e anticipated growth in residential units by the corresponding single family and multi-family trip g eneration rates. Non-residential trips were calculated by multiplying the anticipated growth in employees by the corresponding trip generation rates for each of the land uses. The ITE Trip Generation Manual, 11th Edition notes all Retail and Services land uses (commercial) are entitled to a "pass-by" trip reduction between 40%- 60%. This study assumes the average with a 50% trip reduction for commercial. Pass-by trips are a subset of trips traveling on a road that stops by a near-by commercial development. They are not new trips. Table 5-2 shows the breakdown of the total trips attributed to new development through Buildout condition.

Table 5-3 calculates the total number of existing trips attri butable to existing development. The existing land uses and employees, detailed within C hapter 3, are multiplied by the corresponding trip generation rates identified in Table 5-3. Table 5-3 displays the ITE trip generation rates for

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the land use types within this fee program. As stated previously, the multi-family assumption is an average of the multi-family attached 2-4 rate and multifamily attached 4+ rate. The non-residential land use ITE rates are assessed per employee, there fore these rates are multiplied by existing employees in the City. The existing trips are calcu lated to determine future developments responsibility as the total transportation cost is allocated between existing and future trips.

Table 5-3: Existing Trips

The cost per trip is calculated by taking the total cost of the DIF eligible transportation facilities , calculating the existing trips and future additiona l trips, diving the total cost between existing development and future development’s responsibility based on trips, and then dividing the future development responsibility cost by the trips genera ted by new development. This calculation is shown in Table 5-1.

Fee Summary
The Citywide Transportation Fee for new development is calculated by multiplying the cost per trip identified in Table 5-1 by trip generation rate for each land use. The total fee includes a three percent (3%) administrative charge to fund fee prog ram administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. The residential fee per unit is converted to a fee per square foot by dividing the fee per unit by the unit size estim ated in Table 3-4: Residential Land Use Average Unit Size . Table 5-4 shows the proposed new Citywide Transportation Fee s for new development.

Land Use Existing Units / Workers ITE Trip Rate 1
Trips
Generated
Residential units
Single Family 20,659 9.43 194,814.37
Multi-Family 68 5.64 384.65
Subtotal Residential 195,199.02
Non-Residential workers
Commercial 5,998 8.71 52,239.14
Office 4,179 3.33 13,914.45
Industrial 887 5.05 4,479.17
Subtotal Non-Residential 70,632.77
Total Existing Trips 265,831.78
Notes:
1 Institute of Transportation Engineers Common Daily Trip Generation Rates sourced from the ITE Trip Generation Manual, 11th Edition. 2 Multi-Family trip generation based on the average trips for attached 2-4 and attached 4+ units. ITE 11.1 Edition Daily Trip Generation Rate. ITE 11th Edition notes:

Source:

Institute of Transportation Engineer's 11th Edition.

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Table 5-4: Citywide Transportation Fee Summary

Reduced Traffic Fee
Residential developments near transit stations gene rate fewer trips than traditional land use configurations that rely on vehicles as the primary mode of transportation. According to various transportation studies, measurable trip reductions result for projects that are near transit stations and where there are a diversity of land uses that promote connectivity and walkability. To account for the reduced trip rates generated by projects meeting the above characteristics, an additional trip adjustment factor is applied to new residential land uses meeting the following criteria:

1. The housing development is located within one-half mile of a transit station and there is direct access between the project and the transit station along a barrier-free walkable pathway not exceeding one-half mile in length.

2. Convenience retail uses, including a store that sel ls food, are located within one-half mile of the housing development.

3. The housing development provides either the minimum number of parking spaces required by the local ordinance, or for residential units, no more than one onsite parking space for zero to two bedroom units, and two onsite parking spaces for three or more bedroom units, whichever is less.

For purposes of this reduction, the definition of t ransit station shall be defined by California Government Code Section 65460.1, “Transit station” means a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. Also, a “housing development” shall be defined by California Government Code Section 66005.1, which i s a development project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use.

Commercial trips often coincide with other trips (i .e., Person A stops by the store on their way home from work, Person B stops by a restaurant afte r grocery shopping, etc.) This “pass-by” trip Land Use Cost per Trip Trips
Employees
per 1,000 SF
Improvement
Fee
Administration
Fee
Total
Fee
Average
Unit Size
(SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 129.02 $ 9.43 - 1,216.67 $ 36.50 $ 1,253.17 $ 2,000 0.63 $ Multi Family 129.02 $ 5.64 - 727.68 $ 21.83 $ 749.51 $ 1,250 0.60 $ Non-Residential (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 129.02 $ 8.71 1.82 2,045.26 $ 61.36 $ 2,106.62 $ Office 129.02 $ 3.33 4.00 1,718.56 $ 51.56 $ 1,770.12 $ Industrial 129.02 $ 5.05 0.40 260.62 $ 7.82 $ 268.44 $ Notes:
1 An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.

Source:

Institute of Transportation Engineer's 11th Edition.

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reduction amount is factored into the Commercial trip generation estimates (Table 5-2) as well as the fee for commercial land use in Table 5-4.

Revenue Projections
Table 5-5 summarizes the anticipated Citywide Transportation Fee revenue collected at Buildout.

The revenue will be used to fund the transportation facilities show on Table 5-1.

Table 5-5: Anticipated Citywide Transportation Fee Collection at Buildout

Nexus Requirement Summary
The proposed Citywide Transportation Fee meets the Mitigation Fee Act Requirements, as described in this section.

Requirement 1: Identify the purpose of the fee.

The purpose of the Citywide Transportation Fee is t o fund planned transportation facilities included in Table 5-1 to serve future development. In order to accommoda te this need, new facilities must be built and/or existing facilities expanded.

Requirement 2: Identify the use of the fee.

The fee will be used to fund the planned transporta tion facilities identified in Table 5-1 and detailed in Appendix B , that are necessary to serve increased transportat ion demand. The improvements were identified through the current Ci ty General Plan Update, City identified projects, and additional City discussions, as the f acilities that are required to mitigate the impact of new development in the City.

Land Use
Proposed
Fee 1
Anticipated

Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $0.63 8,266 16,531,000 $10,358,077
Multi Family $0.60 24,531 30,663,915 $18,386,329
Non-Residential
per 1000 SF 1,000 SF
Commercial $2,106.62 n/a 11,488 $24,201,011
Office $1,770.12 n/a 11,468 $20,300,033
Industrial $268.44 n/a 15,565 $4,178,146
Total $77,423,596
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

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Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The Citywide Transportation Fees will be used to fu nd the new transportation facilities and improvements that are necessary to serve the increa se in transportation demand due to new development. The cost of the transportation improvements is spread to each land use based on the number of trips generated by each land use. This co rrelation to trips ensures that each new development pays their fair share of the transportation costs.

The cost per trip calculations is shown in Table 5-1. The fee calculation is shown in Table 5-4.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new residential and non-residential development within the City will generate additional trips that incrementally adds to the need for new traffic infrastructure and facilities to serve the increased residents and businesses within the City and ensure that traffic facilities can accommodate the increased demand. These facilities are identified i n the current City General Plan Update and through City discussions. Each new residential and non-residential development pays an impact fee based on the additional trips that is expected to be generated by the new development. To accommodate these additional trips, new transportat ion improvements will be needed city-wide.

Utilizing trips generated by each development ensur es that each type of development pays their fair share of the required new transportation facilities. This calculation is shown in Table 5-4.

The transportation facilities that are necessary fo r the new development are summarized in the planned improvements presented in Table 5-1. Each land use pays their fair share of costs base d on the number of trips generated by that land use as shown in Table 5-2. Existing development is netted out from the analysis based on existing trips (calculated on Table 5-3), to ensure that future land uses only pays their fair share of the traffic improvements, as calculated in Table 5-1. The cost per trip is then spread to each land use based on the ITE Trip Generation Rates. This calculation is shown in Table 5-4 . Utilizing trips ensures that each development pay s their fair share of the cost.

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Section 6 General Government Facilities Fee
Background
This section presents an analysis of the need for g eneral government facilities to accommodate new development in the City and the fees that are n ecessary in order to ensure that new development provides adequate funding to meet this increased need. The City does not currently have a General Government Facilities Fee and this N exus Study presents the methodology to establish the fee. The City does have a City Yard Vehicle Storage Fee that will be combined with this new General Government Facilities Fee.

The General Government Facilities Fee will fund str uctures, vehicles, and equipment related to government facilities, such as City Hall, Library, and Public Works facilities that are needed to serve the future service population of the City.

The Civic Center is located at 68700 Avenida Lalo G uererro and contains approximately 65,000 square feet. It houses the Police Department (inclu ded in a separate chapter) and city staff and administrative offices, including the Mayor’s offic e and City Council chambers. Per discussions with City Staff, there is room to expand at the cur rent location. Per the General Plan, the City’s corporate yard is located at 68385 Kieley Road, near Cathedral Canyon Drive. The facility includes two masonry buildings with a total of approximately 8,500 square feet. One building serves as a vehicle maintenance garage/workshop, and the other includes staff offices for the Public Works Department and warehousing space. The remainder of the site consists of an asphalt parking lot, which accommodates staff and City-owned vehicles. C ity staff has indicated that additional parking space is needed and that the corporate yard may be expanded in the future. Furthermore, as the City grows, especially North of I-10, additi onal general government facilities may be needed, such as library facilities.

Current Level of Service
The current level of service is based on the value of the General Government Facilities as shown below in Table 6-1. The value for the police station and jail is included in the Police Facilities Fee and not the General Government Facilities Fee. The table also shows the City’s current general government inventory of vehicles and equipment.

To determine the current level of service, the value of the existing general government facilities is divided by the existing service population to deriv e the existing level of service cost per capita/worker. The cost per capita for non-residential land uses is weighted using the factors shown in Table 3-1 to calculate the cost per worker. This calculation is shown in Table 6-2. .

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Table 6-1: General Government Facilities Inventory List

Description Address Quantity UOM Value 1,2
General Government Facilities
Maintenance & Operations 68385 Kieley Road 5,184 SF 1,0 88,179 $ Maintenance & Operations - Land 687-073-046 1.12 AC 487 ,872 $ Library 33520 Date Palm Drive 20,245 SF 8,177,754 $
Library - Land 3 673-030-016 2.60 AC 1,132,560 $
Civic Center / City Hall 4 68-700 Avenida Lalo Guerrero 36,430 SF 14,900,238 $ Civic Center / City Hall - Land 4 687-471-006 2.03 AC 884,970 $ City Hall Parking Structure 68-594 Avenida Lalo Guer rero 230,808 SF 15,942,266 $ City Hall Parking Structure - Land 687-471-008 3.18 AC 1,385,208 $ City Hall - Bell Tower 68-700 Avenida Lalo Guerrero 264 SF 921,894 $ City Hall - Bell Tower - Land 687-471-006 0.00 AC - $
Public Works Building 68-526 Avenida Lalo Guerrero 7,000 SF 333,025 $ Public Works Building - Land 687-171-007 0.00 AC - $
Subtotal General Government Facilities 45,253,966 $
Vehicles & Equipment 5
Mobile - Contractor's Equipment 289,583 $
2018 Chevy Silverado 3500 HD 75,000 $
2018 Chevy Silverado 3500 HD 75,000 $
2014 Ford F-150 Truck 55,000 $
2014 Ford F-150 Truck 55,000 $
2014 Ford F-150 Truck 55,000 $
2016 Chevy Silverado 2500 HD 55,000 $
2016 Chevy Silverado 2500 HD 55,000 $
2016 GMC Sierra 55,000 $
2016 GMC Sierra 55,000 $
2018 Ford F-150 55,000 $
2019 Chevy Tahoe 65,000 $
2019 Chevy Tahoe 65,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2020 Ford Ranger-STVR 55,000 $
2020 Ford Ranger-STVR 55,000 $
2017 DS63 2 Flex 1 Insert Feeder 8,481 $
Mail Machine 5,914 $
HP Page Wide X L 4100 Printer & Scanner 20,646 $
Volanti Multi-Touch Display 11,199 $
Volanti Multi-Touch Display 11,199 $
Subtotal Vehicles & Equipment 1,452,022 $
Total Government Facilities 46,705,988 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. Rounded to nearest dollar. 2 Land values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. Rounded to nearest dollar. 3 4
5 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided on March 23, 2023 and Listing of Non-Mobile Equipment List provided on March 29, 2023 by Cathedral City Staff. Excludes vehicles past their useful life.

APN 673-030-016 is listed in the County Assessor's Database as 7.890 Acres. How ever, the Library shares the parcel w ith Patriot Park and only utilizes 2.60 acres of the Parcel.

Cost allocation betw een General Government Facilities and Police based on the square footage of each use. General Government Facilities utilizes 36,430 SF of the 68,140 SF Building

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Table 6-2: General Government Facilities Existing Level of Service

Planned Level of Service
The City’s general facilities serve both residents and businesses. Demand for services and associated facilities, is based on the City’s servi ce population including residents and workers.

The City plans to maintain the current level of service per resident and worker, as shown on Table 6-2, with appropriate participation from new developme nt. Per AB 602, when applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.

This Nexus Study identifies the existing level of service per resident and worker and based on the Nexus Study analysis and discussions with City staff, it has been deemed appropriate to maintain the existing level of service. As described below, this ensures that no facility deficiencies are spread to future development.

Fee Methodology
The General Government Facilities Fee is based on t he Existing Inventory Method. This method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Unde r this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facil ity deficiencies are spread to future development.

Description Value
Existing Facilities 1
General Government Facilities 45,253,966 $
Vehicles & Equipment 1,452,022 $
Subtotal General Government Facilities 46,705,988 $
Existing Service Population 2 55,933
Total Existing Level of Service per Resident 835.03 $
Total Existing Level of Service per Worker 308.96 $
Notes:
1 2
Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Existing Facilities values derived from the Cathedral City "Statement of Values" and "Listing of Vehicles" provided by Cathedral City Staff on May 11, 2022 and March 23, 2023.

Existing Service population comprises of the 51,840 Residents and 9,934 Workers (w orkers w eighted at

0.37 based on a 45 hour w ork w eek).

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Fee Summary
The General Government Facilities Fee is distribute d across the various land uses by multiplying the cost per capita/worker by the average number of residents/workers per unit type (density) as identified in Table 3-3 (e.g. for single family residential the density assu mption is 2.85 residents per unit). For each residential land use, the fee p er unit is then converted to a fee per square foot by dividing the cost per unit by the estimated aver age unit size for each land use. For non- residential land use categories, density is shown o n a workers per 1,000 square feet basis and the fee is then calculated on the same basis. The total fee includes a three percent (3%) administrative charge to fund fee program administrative costs, in cluding but not limited to preparing annual reports, preparing fee updates, and other administr ative tasks related to the fee program administration. These calculations are shown in Table 6-3.

Table 6-3: General Government Facilities Fee Summary

Revenue Projections
Table 6-4 summarizes the anticipated General Government Facil ities Fee revenue that will be utilized to fund the construction and/or expansion of general government facilities that will serve new development. The General Government Facilities Fee will be used to fund the cost of expansions or new construction at the current City Hall for General Government Facilities, related to the growth of the City. It is anticipated that t he current City Hall may be able to accommodate a minor expansion, additional City Hall facilities may be built, or a new City Hall building will eventually be built to serve the demand of future g rowth. Additional library and public works facilities in the North area of the City may be fun ded by General Government Facilities Fee revenues as the City’s service population increases.

Land Use
Cost Per
Resident /
Worker Density
Subtotal
Fee
Administration
Fee Total Fee
Average
Unit Size
(SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 835.03 $ 2.85 2,379.84 $ 71.40 $ 2,451.24 $ 2,000 1.23 $ Multi Family 835.03 $ 2.51 2,095.93 $ 62.88 $ 2,158.81 $ 1,250 1.73 $ Non-Residential 2 (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 308.96 $ 1.82 562.31 $ 16.87 $ 579.18 $ Office 308.96 $ 4.00 1,235.84 $ 37.08 $ 1,272.92 $ Industrial 308.96 $ 0.40 123.58 $ 3.71 $ 127.29 $ Notes:
1 2
Non-residential density based upon USGBC LEED BD+C: New Construction | v4 - Default Occupancy Counts.

An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.

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Table 6-4: General Government Fee Estimated Revenue at Buildout

Nexus Requirement Summary
The General Government Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section.

Requirement 1: Identify the purpose of the fee.

The purpose of the General Government Facilities Fe e is to fund the General Government Facilities needs generated by new development in th e City, such as new or expanded facilities at City Hall or new facilities in the North area of th e City. Each new resident and worker create a demand for additional general government facilities . In order to accommodate these needs, new general government facilities will be built and/or existing facilities will be expanded.

Requirement 2: Identify the use of the fee.

The General Government Facilities Fee will be used to fund new general government facilities in order to maintain the City’s existing level of serv ice. The anticipated fee revenue at Buildout is shown on Table 6-4, which will be used to fund new or expanded facilities at City Hall and new general government facilities, especially in the N orth area of the City, such as library facilities and additional corporation yard facilities. The cap ital improvement projects are identified in Appendix A.

Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The fee will be used to fund new general government facilities that are necessary to serve the increased residents and workers in the City. New de velopment generates additional residents and workers which increases the demand for general gove rnment facilities. The existing inventory Land Use
Proposed
Fee 1
Anticipated
Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $1.23 8,266 16,531,000 $20,333,130
Multi Family $1.73 24,531 30,663,915 $53,048,573
Non-Residential
per 1,000 SF 1,000 SF
Commercial $579.18 n/a 11,488 $6,653,664
Office $1,272.92 n/a 11,468 $14,598,060
Industrial $127.29 n/a 15,565 $1,981,211
Total $96,614,638
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

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method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the construction of new facilities or the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development.

Table 6-1 identifies the existing general government facilit ies and Table 6-2 calculates the existing cost per capita/worker. Workers are weighted less than residents to reflect lower per capita service demand. Non-residential buildings are typically occupied less than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per-resident demand. The 0.37-weighting factor for workers is ba sed upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a residen t’s non-working time of 123 hours (168 hours per week less 45 work hours).

The cost per capita/worker is then allocated to eac h development type based on the estimated persons per household and employees per 1,000 squar e feet. Table 6-3 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential . Calculating the fees based on the new residents or employees projected ensures a reasonable relationship between the fees use and the type of development planned to be built.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new or e xpanded general government facilities to maintain the City’s existing level of service. The General Government Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impact.

New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident. The fee for each unit type is calculated in Table 6-3.

As new development is constructed, new or expanded general government facilities are needed to meet the City’s existing level of service for government facilities. The fee is based on the Existing Inventory Method.

The existing level of service is calculated by taking the total general government facilities cost and dividing it by the existing service population to d erive the existing level of service cost per

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capita/worker as shown in Table 6-2. The fee for each land use is then calculated by m ultiplying the cost per capita/worker by the number of new res ident equivalents that each land use will generate and converting to a fee per square foot for residential and a fee per 1,000 square foot for non-residential as shown in Table 6-3 . Since the need for the facilities directly correl ates to the addition of new residents and workers, determining the fee based on the projected equivalent residents for each land use ensures that new develo pment pays for their fair share of the required future facilities.

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Section 7 Fire Facilities Fee
Background
This section presents an analysis of the City’s Fire Facilities Fee. The Fire Facilities Fee provides funding for fire facilities, equipment, and vehicles as a result of increased demand for fire services arising from new development. Currently the City has a Public Safety Fee that includes police and fire services. This Nexus Study proposes a separate fee for police and fire. The Fire Facilities Fee will include the fire portion of the City’s current Fire and Police Facilities/Equipment Fee and Public Safety Facilities Fee.

Currently the Cathedral City Fire Department staffs three firehouses with five to six firefighters and ambulance operators, as well as an administrative office with the fire chief, deputy fire chief, three battalion chiefs, a fire inspector and two administrative support staff.

Current Level of Service
Table 7-1 shows the City’s current fire inventory of fire st ations, vehicles and equipment that serve the City. Table 7-2 calculates the existing level of service per resident/worker.

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Table 7-1: Fire Facilities Inventory List

The total fire facilities value is divided by the existing service population to establish the existing level of service per resident/worker as shown in Table 7-2.

Description Address Quantity UOM Value 1
Fire Facilities
Fire Station #1 - 411 68-950 Buddy Rogers Avenue 9,20 0 SF 9,893,428.00 $ Fire Station #1 - 411 - Land 2 687-180-009 & 687-180-011 2.78 AC 1,210,968.00 $ Fire Station #2 - 412 32100 Desert Vista Rd. 11,018 SF 4,148,662.00 $ Fire Station #2 - 412 - Land 2 680-282-034 1.33 AC 579,348.00 $ Fire Station #3 - 413 27610 Landau Blvd. 14,000 SF 3,06 4,777.00 $ Fire Station #3 - 413 - Land 2 675-500-006 1.46 AC 635,976.00 $ Subtotal Fire Facilities 19,533,159.00 $
Vehicles & Equipment 3
2013 Ford Leader Ambulance 220,000.00 $
2016 E-450 Marque Ambulance 220,000.00 $
2016 Marque Ambulance 220,000.00 $
2002 La France Telesquirt Fire Truck 750,000.00 $
2009 Pierce Fire Truck 750,000.00 $
2013 Pierce Type 1 Pumper 750,000.00 $
Pierce Quantum Pumper Fire Truck 800,000.00 $
2014 Pierce Quantum 75' Fire Engine 800,000.00 $
2020 Chevy Suburban 115,000.00 $
2014 Ford Taurus 50,000.00 $
2020 Ford F-250 65,000.00 $
2022 Chevy Tahoe 65,000.00 $
2021 Medix F-450 Ambulance 220,000.00 $
2021 Medix F-450 Ambulance 220,000.00 $
Ambulance Cot 13,483.30 $
X Series Zoll Monitors (7) 213,223.65 $
Zoll Auto Pulse Resuscitation System (3) 29,937.67 $
Extrication Unit (Jaws of Life Tool) 39,435.49 $
Antennas & Control Station 12,204.00 $
Extractor Units 45,676.31 $
Stryker Power-Pro XT Ambulance Cot 20,033.38 $
Fire Station 412 Alerting System 119,839.04 $
Fire Station 413 Alerting System 123,148.77 $
Breathing Apparatus Scott Air Packs (45) 358,737.86 $
Subtotal Vehicles & Equipment 6,220,719.47 $
Total Fire Facilities 25,753,878.47 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. 2 Land values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. 3 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

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Table 7-2: Fire Facilities Existing Level of Service

Planned Level of Service
The City plans to maintain the current level of ser vice, as shown in Table 7-2, with appropriate participation from new development. Per AB 602, when applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate. This Nexus Study identifies the existing level of service per resident and work er and based on the Nexus Study analysis and discussions with City staff, it has been deemed appropriate to maintain the existing level of service.

As described below, this ensures that no facility deficiencies are spread to future development.

Fee Methodology
The Fire Facilities Fee is calculated using the Existing Inventory Methodology. This method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facil ity deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available.

Fee Summary
The Fire Facility Fee per unit is calculated by multiplying the cost per capita by the average number of resident equivalents per unit type (density). Th e cost per capita for non-residential land uses is weighted using the factors shown in Table 3-1. For residential uses, the fee per unit must then be Description Value
Existing Facilities
Fire Facilities 1 19,533,159.00 $
Vehicles & Equipment 2 6,220,719.47 $
Subtotal Fire Facilities 25,753,878.47 $
Existing Service Population 3 55,933
Total Existing Level of Service per Resident 460.44 $
Total Existing Level of Service per Worker 170.36 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022.
2 Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided by Cathedral City Staff on March 23, 2023.
3 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Existing Service population comprises of the 51,840 Residents and 9,934 Workers (w orkers w eighted at

0.37 based on a 45 hour w ork w eek).

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converted to a fee per square foot for each unit ty pe by dividing by the average size of each unit.

The total fee includes a three percent (3%) adminis trative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee p rogram administration. Table 7-3 summarizes these calculations.

Table 7-3: Fire Facilities Fee Summary

Revenue Projections
Table 7-4 summarizes the anticipated Fire Facilities Fees. Th e revenue will be applied to future fire stations and fire equipment to meet the needs of new development. According to discussions with the fire chief, the current fire stations are at full capacity and could not accommodate any additional expansion to meet additional demand. At full Buildout, an additional two fire stations will be needed. The two additional fire stations will also require fire apparatuses, ambulances, and other equipment. The City already plans to build an additional fire station at Date Palm Drive and Varner Road when required by population and busines s growth. To accommodate these stations and additional engine companies, the chief stated t hat a training facility would be needed at Buildout. Currently, the City has an agreement to utilize the CalFire Training Facility in Thousand Palms to meet firefighters training requirements. With the construction of an additional fire station and the hiring of additional firefighters, the continued use of the CalFire Training Facility will no longer be viable due to the competition for trainin g time with other agencies. As a result, as the City grows, the City plans to construct a dedicated fire training facility that ensures that the required training for all the City’s firefighters can be maintained.

Land Use
Cost Per
Resident /
Worker Density
Subtotal
Fee
Administration
Fee
Total
Fee
Average Unit
Size (SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 460.44 $ 2.85 1,312.25 $ 39.37 $ 1,351.62 $ 2,000 0.68 $ Multi Family 460.44 $ 2.51 1,155.70 $ 34.67 $ 1,190.37 $ 1,250 0.95 $ Non-Residential 2 (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 170.36 $ 1.82 310.06 $ 9.30 $ 319.36 $ Office 170.36 $ 4.00 681.44 $ 20.44 $ 701.88 $ Industrial 170.36 $ 0.40 68.14 $ 2.04 $ 70.18 $ Notes:
1 2
Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).

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Table 7-4: Anticipated Fire Facilities Estimated Revenue at Buildout

Nexus Requirement Summary
The Fire Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section.

Requirement 1: Identify the purpose of the fee.

The purpose of the Fire Facilities Fee is to fund new development’s fair-share portion of new fire facilities, such as new fire stations and training facilities, vehicles and fire equipment required for the additional fire personnel that are necessary to mitigate the impacts of new development. Each new resident and worker creates a demand for additi onal fire facilities. In order to accommodate these needs, new fire facilities will be built and/ or existing facilities will be expanded per capita/worker.

Requirement 2: Identify the use of the fee.

The Fire Facilities Fee will be used to fund new de velopment’s fair-share portion of the fire facilities, new fire stations, training facilities, vehicles and fire equipment required to serve new development in order to maintain the City’s existing level of service. The anticipated fee revenue at Buildout is shown on Table 7-4.

The capital improvement projects are identified in Appendix A .

Land Use
Proposed
Fee 1
Anticipated

Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $0.68 8,266 16,531,000 $11,171,815
Multi Family $0.95 24,531 30,663,915 $29,201,123
Non-Residential
per 1000 SF 1000 SF
Commercial $319.36 n/a 11,488 $3,668,832
Office $701.88 n/a 11,468 $8,049,278
Industrial $70.18 n/a 15,565 $1,092,320
Total $53,183,368
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

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Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The fee will be used to fund new fire facilities th at are necessary to serve the increased residents and workers in the City. New development generates additional residents and workers which increases the demand for fire facilities. The Exist ing Inventory Method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new dev elopment funds the expansion of facilities at the same standard currently serving existing develo pment. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development.

Table 7-1 identifies the existing fire facilities and Table 7-2 calculates the existing cost per capita/worker. Workers are weighted less than residents to reflect lower per capita service demand.

Non-residential buildings are typically occupied le ss than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per-resident demand. The

0.37-weighting factor for workers is based upon a 4 5-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours).

The cost per capita/worker is then allocated to eac h development type based on the estimated persons per household and employees per 1,000 squar e feet. Table 7-3 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential . Calculating the fees based on the new residents or employees generated ensures a reasonable relationship between the fees use and the type of development project.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new fire facilities to maintain the City’s existing level of service. The Fire Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impa ct. New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident.

The fee for each unit type is calculated in Table 7-3.

As new development is constructed, additional fire facilities are needed to meet the City’s existing level of service. The fee is based on the existing inventory method.

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The existing level of service is calculated by taking the total fire facilities value and dividing it by the existing service population to derive the exist ing level of service cost per capita/worker as shown in Table 7-2 . The fee for each land use is then calculated by m ultiplying the cost per capita/worker by the projected number of new resident equivalents that each land use will generate, and converting to a fee per square foot for residen tial and a fee per 1,000 square foot for non- residential land uses as shown in Table 7-3. Since the need for the facilities directly correl ates to the addition of new residents and workers, determin ing the fee based on the equivalent residents each land use is expected to generate ensures that each new development pays for their fair share of the required future facilities.

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Section 8 Police Facilities Fee
Background
This section presents an analysis of the City’s Pol ice Facilities Fee. The Police Facilities Fee provides funding for police facilities, equipment, and vehicles as a result of increased demand for police services arising from new development. Curre ntly the City has a Public Safety Fee that includes police and fire services. This Nexus Study proposes a separate fee for police and fire. The Police Facilities Fee will include the police porti on of the City’s current Fire and Police Facilities/Equipment Fee, Public Safety Facilities Fee, Police Community Center Fee, and Police Safety Training Site Fee.

The current police headquarters and jail is located within the City Hall building in the City.

Current Level of Service
Table 8-1 shows the City’s current police inventory of polic e facilities, vehicles and equipment.

The current value is divided by the existing servic e population to establish the existing level of service per capita. Table 8-2 calculates the existing level of service per resident/worker.

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Table 8-1: Police Facilities Inventory List

Description Quantity UOM Value 1,2
Police Facilities
Police HQ / Jail 3 31,710 SF 12,969,710.64 $
Police HQ / Jail - Land 3 1.77 AC 770,310.08 $
Subtotal Police Facilities 13,740,020.72 $
Vehicles & Equipment 4
1999 Ford E-450 Mobile Command Post 100,000.00 $
2015 Honda Motorcycle 39,700.00 $
2016 Ford Escape 48,000.00 $
2016 Ford Taurus 65,000.00 $
2016 Ford Taurus 65,000.00 $
2017 Ford C-Max 48,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2018 Ford F-150 55,000.00 $
2018 Honda Accord 51,202.00 $
2020 Ford F-150 55,000.00 $
2020 Ford Fusion 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2021 Ford Explorer 65,000.00 $
2021 Ford F-150 65,000.00 $
2021 Ford Police Interceptor Utility 65,000.00 $
2021 Ford Police Interceptor Utility 65,000.00 $
2021 Ford Police Interceptor Utility 65,000.00 $
License Plate Reader - Hardware & Software 14,706.00 $
License Plate Reader - Hardware & Software 14,706.00 $
Mini-Caliber Swat Robot 55,709.25 $
Security Lines US HD Cameras (2) 10,945.00 $
Motorola Handheld Radios (100) 865,514.52 $
Motorola Mobile Radios (90) 766,675.86 $
Watchguard In-Car Cameras (8) 54,996.50 $
Subtotal Vehicles & Equipment 4,005,155.13 $
Total Police Facilities 17,745,175.85 $
Notes:
1 2
3 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Building & Land values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022.

Cost allocation betw een General Government Facilities and Police based on the square footage of each use. Police Facilities utilize 31,710 SF of the 68,140 SF Building.

Vehicle & equipment values derived from the Cathedral City Listing of Vehicles & Art provided on March 23, 2023 and Listing of Non-Mobile Equipment List provided on March 29, 2023 by Cathedral City Staff and additional input from City staff. Excludes vehicles past their useful life.

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The total police facilities value is divided by the existing service population to establish the existing level of service per resident/worker as shown in Table 8-2.

Table 8-2: Police Facilities Existing Level of Service

Planned Level of Service
The City plans to maintain the current level of ser vice, as shown on Table 8-1, with appropriate participation from new development. Per AB 602, when applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate. This Nexus Study identifies the existing level of service per resident and work er and based on the Nexus Study analysis and discussions with City staff, it has been deemed appropriate to maintain the existing level of service.

As described below, this ensures that no facility deficiencies are spread to future development.

Fee Methodology
The Police Facilities Fee is calculated using the E xisting Inventory Methodology. The existing inventory method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per s quare foot basis. Under this approach, new development funds the expansion of facilities at th e same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available.

Description Value
Existing Facilities
Police Facilities 1 13,740,020.72 $
Vehicles & Equipment 2 4,005,155.13 $
Subtotal Police Facilities 17,745,175.85 $
Existing Service Population 3 55,933
Total Existing Level of Service per Resident 317.26 $
Total Existing Level of Service per Worker 117.38 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022.
2 Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided by Cathedral City Staff on March 23, 2023.
3 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Existing Service population comprises of the 51,840 Residents and 9,934 Workers (w orkers w eighted at

0.37 based on a 45 hour w ork w eek).

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Fee Summary
The Police Facility Fee per unit is calculated by m ultiplying the cost per resident/worker by the average number of resident/worker equivalents per unit type (density). The cost per capita for non- residential land uses is weighted using the factors shown in Table 3-1. For residential uses, the fee per unit must be converted to a fee per square foot for each unit type by dividing by the average size of each unit. The total fee includes a three p ercent (3%) administrative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. Table 8-3 summarizes these calculations.

Table 8-3: Police Facilities Fee Summary

Revenue Projections
Using City of Tracy’s $15,213,000 cost estimate for an 8,800 SF Police Substation and other cities’ comparable cost estimates, a new 31,700 squ are foot North City Cathedral City Police Department substation, in today’s dollars, is estimated to cost $54 million. This substation would need to be operational before Buildout. Revenues collected through development impact fees will not fully fund the required facilities. Table 8-4 shows the approximate Police Facilities Fee revenues collected at Buildout.

Table 8-4 summarizes the anticipated Police Facilities Fee re venues collected at Buildout. To ensure that the police department can meet the need s of the growing City community, the police department will eventually need to build additional police facilities. The following list provides examples of future police facilities that may be constructed as the City grows in order to maintain existing levels of service. This list is not all inclusive and may be modified as facility requirements change:

Land Use
Cost Per
Resident /
Worker Density Subtotal Fee
Administration
Fee 1 Total Fee
Average
Unit Size
(SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 317.26 $ 2.85 904.18 $ 27.13 $ 931.31 $ 2,000 0.47 $ Multi Family 317.26 $ 2.51 796.31 $ 23.89 $ 820.20 $ 1,250 0.66 $ Non-Residential 2 (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 117.38 $ 1.82 213.64 $ 6.41 $ 220.05 $ Office 117.38 $ 4.00 469.54 $ 14.09 $ 483.63 $ Industrial 117.38 $ 0.40 46.95 $ 1.41 $ 48.36 $ Notes:
1 2
Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).

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• A North City station (approximately 31,700 square feet) • Six-lane indoor shooting range (currently, the City has an agreement to utilize a private gun range. CCPD usage is (i) subject to competition from general public training usage and (ii) at risk of termination in the event the range permanently closes) • Locker room
• 20’x 20’ Property evidence room
• Covered and secured evidence area used for processing several vehicles and bulk evidence
• Secured parking for employee and marked vehicles
• Gym
• Lunch room
• Training center with storage space for training mats
Using City of Tracy’s $15,213,000 cost estimate for an 8,800 SF Police Substation and other cities’ comparable cost estimates, a new 31,700 square foot North City Cathedral City Police Department substation, in today’s dollars, is estimated to cos t $54 million. This substation would need to be operational before Buildout. Revenues collected th rough development impact fees will not fully fund the required facilities. Table 8-4 shows the approximate Police Facilities Fee revenu es collected at Buildout.

Table 8-4: Anticipated Police Facilities Estimated Revenue at Buildout

Nexus Requirement Summary
The Police Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section.

Land Use
Proposed
Fee 1
Anticipated

Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $0.47 8,266 16,531,000 $7,697,743
Multi Family $0.66 24,531 30,663,915 $20,120,434
Non-Residential
per 1000 SF 1000 SF
Commercial $220.05 n/a 11,488 $2,527,951
Office $483.63 n/a 11,468 $5,546,350
Industrial $48.36 n/a 15,565 $752,701
Total $36,645,180
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

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Requirement 1: Identify the purpose of the fee.

The purpose of the Police Facilities Fee is to fund new development’s fair-share portion of new police facilities, such as new police sub-stations, vehicles and police equipment required for the additional police personnel that are necessary to m itigate the impacts of new development. Each new resident and worker creates a demand for additional police facilities. In order to accommodate these needs, new police facilities will be built an d/or existing facilities will be expanded per capita/worker.

Requirement 2: Identify the use of the fee.

The Police Facilities Fee will be used to fund new development’s fair-share portion of the police facilities, new police sub-stations, vehicles and p olice equipment required to serve new development in order to maintain the City’s existing level of service. The anticipated fee revenue at Buildout is shown on Using City of Tracy’s $15,213,000 cost estimate for an 8,800 SF Police Substation and other cities’ comparable cost estima tes, a new 31,700 square foot North City Cathedral City Police Department substation, in tod ay’s dollars, is estimated to cost $54 million.

This substation would need to be operational before Buildout. Revenues collected through development impact fees will not fully fund the req uired facilities. Table 8-4 shows the approximate Police Facilities Fee revenues collected at Buildout.

Table 8-4. The capital improvement projects are identified in Appendix A.

Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The fee will be used to fund new police facilities that are necessary to serve the increased residents and workers in the City. New development generates additional residents and workers which increases the demand for police facilities. The exi sting inventory method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new dev elopment funds the expansion of facilities at the same standard currently serving existing develo pment. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development.

Table 8-1 identifies the existing police facilities and Table 8-2 calculates the existing cost per resident/worker. Workers are weighted less than res idents to reflect lower per capita service demand. Non-residential buildings are typically occ upied less intensively than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per- resident demand. The 0.37-weighting factor for work ers is based upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours).

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The cost per capita/worker is then allocated to eac h development type based on the estimated persons per household and employees per 1,000 squar e feet. Table 8-3 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential . Calculating the fees based on the new residents or employees generated ensures a reasonable relationship between the fees use and the type of development project.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new police facilities to maintain the City’s existing level of service. The Police Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impa ct. New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident.

The fee for each unit type is calculated in Table 8-3.

As new development is constructed, additional polic e facilities are needed to meet the City’s existing level of service. The fee is based on the existing inventory method.

The existing level of service is calculated by taking the total police facilities value and dividing it by the existing service population to derive the ex isting level of service cost per resident/worker as shown in Table 8-2 . The fee for each land use is then calculated by m ultiplying the cost per resident/worker by the number of new resident equiv alents that each land use will generate and converted to a fee per square foot for residential and fee per 1,000 square foot for non-residential land uses as shown in Table 8-3. Since the need for the facilities directly correlates to the addition of new residents and workers, spreading the fee based on the equivalent residents each land use is expected to generate ensures that each new developm ent only pays for their fair share of the required facilities.

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Section 9 Implementation and Administration
Implementation
According to the California Government Code, prior to levying a new fee or increasing an existing fee, an agency must hold at least one open and publ ic meeting with at least 30 days’ notice. In addition, notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any intere sted party who files a written request with the local agency for mailed notice of the meeting on ne w or increased fees or service charges. Any written request for mailed notices shall be valid f or one year from the date on which it is filed unless a renewal request is filed. At least ten days prior to this meeting, the agency must make data on infrastructure costs and funding sources available to the public. Notice of the time and place of the meeting and a general explanation of the matter are to be published in accordance with Section 6062a of the Government Code, which states that publication of notice shall occur for ten days in a newspaper regularly published once a week or more. The new or increased fees shall be effective no earlier than 60 days following the final action on the adoption or increase of the fees.

Fee Program Administrative Requirements
The Government Code requires the City to report every year and every fifth year certain financial information regarding the fees. The City must make available within 180 days after the last day of each fiscal year the following information from the prior fiscal year:

1. A brief description of the type of fee in the account or fund.

2. The amount of the fee.

3. The beginning and ending balance in the account or fund.

4. The amount of the fee collected and the interest earned.

5. An identification of each public improvement for wh ich fees were expended and the amount of expenditures.

6. An identification of an approximate date by which t ime construction on the improvement will commence if it is determined that sufficient funds exist to complete the project.

7. A description of each interfund transfer or loan made from the account and when it will be repaid.

8. Identification of any refunds made once it is deter mined that sufficient monies have been collected to fund all fee related projects.

The City must make this information available for p ublic review and must also present it at the next regularly scheduled public meeting not less th an 15 days after this information is made available to the public.

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For the fifth fiscal year following the first depos it into the account or fund, and every five years thereafter, the City must make the following findin gs with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted:

1. Identify the purpose to which the fee is to be put.

2. Demonstrate a reasonable relationship between the f ee and the purpose for which it is charged.

3. Identify all sources and amounts of funding anticip ated to complete financing any incomplete improvements.

4. Designate the approximate dates on which funding in item (3) above is expected to be deposited into the fee account.

As with the annual disclosure, the five-year report must be made public within 180 days after the end of the City’s fiscal year and must be reviewed at the next regularly scheduled public meeting.

Fee Adjustment Procedures
The DIFs may be adjusted periodically to reflect re vised facility requirements, receipt of funding from alternative sources (i.e., state, or federal g rants), revised facilities or costs, changes in demographics, changes in the average unit square fo otage, or changes in the land use plan. In addition, in July of each calendar year, the fees will be adjusted using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve- month period ending in May or a similar published i ndex if the CCI Index is no longer available. For example, the adjustment for July 2024 will be determined by taking the percentage change of the Los Angeles construction cost index f rom May 2023 to May 2024. City staff will calculate the annual adjustment utilizing the CCI I ndex. The adjusted fees will be summarized in a resolution to be approved by City Council following the required noticing as outlined by section 66016 of the California Government Code.

For high-density residential projects, the non-resi dential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assess ed impact fees as the impact is assumed to be captured in the residential fees. Area that are acc essible by the public (i.e., leasing office) will b e charged impact fees according to use.

Credits and Reimbursement Policies
The City may provide fee credits or reimbursements to developers who dedicate land or construct eligible facilities. Fee credits or reimbursements may be provided up to the cost of the

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improvement, as shown in this study, subject to per iodic inflation adjustments, or the actual cost paid by the developer, whichever is lower. For construction cost overruns, only that amount shown in the study, subject to periodic inflation adjustments, would be credited or reimbursed. The City will evaluate the appropriate fee credit or reimbur sement based on the value of the dedication or improvement. Credits or reimbursements may be repa id based on the priority of the capital improvements, as determined by the City. The City will determine fee credits and reimbursements on a case-by-case basis and possibly through the use of a development agreement.

Administrative Fee
An administrative fee of three (3) percent is inclu ded as part of each of the fees and may be used for costs for legal, accounting, and other administ rative support and development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. Additionally, the administrative fee may be used to fund the impact fee nexus study updated that must be updated at a minimum every eight (8) years pursuant to AB602. Please refer to the individual f ee calculation tables for a breakdown of the administration fee.

Programming Revenues with the CIP
The City should maintain its CIP to adequately plan for future infrastructure needs. The CIP should commit all projected fee revenues and fund balances to specific projects that are necessary to serve growth as described in this report. The use of the CIP provides documentation necessary for the City to hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. In addition, the CIP i s required per AB602. This report outlines the projects that are to be funded with the fee program and forms the basis of the CIP, as shown in Appendix A .

Fee Reporting
Assembly Bill No. 1483, which became effective January 1, 2020, requires that public agencies make the following information available on their website. The following information must be provided:

1. A current schedule of fees, exactions, and affordab ility requirements imposed by the city, county, or special district, including any dependent special districts, of the city or county applicable to a proposed housing development project, which shall be presented in a manner that clearly identifies the fees, exact ions, and affordability requirements that apply to each parcel.

2. All zoning ordinances and development standards, wh ich shall specify the zoning, design, and development standards that apply to each parcel.

3. The list of information required to be compiled pursuant to Section 65940.

4. The current and five previous annual fee reports or the current and five previous annual financial reports, which were required pursuant to subdivision.

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5. An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by the city, county, or special district on or after January 1, 2018.

Any updates to the above information must be available within 30 days.

Accessory Dwelling Units
An accessory dwelling unit (ADU) is a second unit t hat is attached or detached from a single- family home. In accordance with Assembly Bill No. 8 81 approved on October 9, 2019, fees will not be charged for an ADU that is less than 750 square feet. For an ADU that is 750 square feet or larger, the ADU will be charged proportionately in relation to the square footage of the primary dwelling unit. Since the residential fees are now b eing charged on a square footage basis, ADU fees will be calculated by multiplying the Single-F amily Residential fee by the ADU’s square footage.

Specialized Development Projects
The fees in this Report may not apply to specialize d development projects such as golf courses, cemeteries, sports stadium, or other specialized la nd uses. For specialized development projects the City will review the development’s impacts to d etermine the applicable fees. The fee rates presented in this Report may be reduced, exempted, or waived under certain circumstances as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property. In add ition, for reuse, density increasing, or rezone projects, the developer shall only be responsible f or paying fees for the intensification of the development. In cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to th e extent that the overall size and use of the new structure is similar to the structure destroyed by the disaster. The City will review the development’s increased impacts to determine the applicable fees.

Some developments may include more than one land use type. In these cases, the fee is calculated separately for each land use. The City has the disc retion to impose the fees based on the specific aspects of a proposed development regardless of zoning. The fee imposed should be based on the land use type that most closely represents the impacts of the development.

Rebuild or Expansion Projects
For reuse, expansions, density increasing, or rezon e projects, the developer shall only be responsible for paying fees for the intensification or expansion. For example, if a homeowner wishes to build an addition to their home that is 1 00 square feet, the homeowner would be responsible for paying fees for the 100 square foot addition. The City will review the new development’s impacts to determine the applicable fees on a case by case basis.

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In cases of rebuilding a structure after a demolition, impact fees will not be assessed on the rebuild to the extent that the overall size and use of the new structure is similar to the structure prior to demolition. Similarly, in cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to th e extent that the overall size and use of the new structure is the same as the structure destroyed by the disaster. Impact fees for the new structure will be calculated based on the new rebuilt structu re and the fees paid for the previous structure, and the difference between these fees will be asses sed. No refunds will be made for rebuilds that have a lower impact fee than the previous structure.

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Appendix A: Capital Improvement Plan

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Table A-1: Capital Improvement Plan

Item Total Project Cost
Other Funding Sources/
Amount Expended DIF Project Cost
Park Improvements
Park Facilities (Assumes 255.39 acres) 1 $191,542,500 n/a $191,542,500 Subtotal Park Improvement Costs $191,542,500 $0 $191,542,500 General Government Facilities
City Hall (Expansion and new facilities) $59,380,900 $0 $59,380,900 Library Expansion or New Facilities $34,501,500 $0 $34,501,500 Subtotal General Government Facilities Costs $93,882,400 $0 $93,882,400 Fire Facilities
North Area Fire Station #1 $9,800,000 $0 $9,800,000
North Area Fire Station #1 Apparatuses $2,000,000 $0 $2,000,000 North Area Fire Station #1 Land $871,200 $0 $871,200
North Area Fire Station #2 $9,800,000 $0 $9,800,000
North Area Fire Station #2 Apparatuses $2,000,000 $0 $2,000,000 North Area Fire Station #2 Land $871,200 $0 $871,200
Fire Training Facility $15,000,000 $0 $15,000,000
Subtotal Fire Facilities Costs $40,342,400 $0 $40,342,400 Police Facilities
North City Police Station $54,801,375 $0 $54,801,375
Subtotal Police Facilities Costs $54,801,375 $0 $54,801,375 Roads and Intersections
Date Palm Drive (Vista Chino to Gerald Ford Drive) $7,577,838 $2,374,279 $5,203,559 Dinah Shore Drive (Whispering Palms to Pumley Road) $1,743,769 $546,355 $1,197,413 East Palm Canyon Drive (West City Limits to East Bu ddy Rodgers) $3,833,332 $1,201,055 $2,632,277 Perez Road (Campbell Street to Date Palm Drive) $1,349,069 $422,689 $926,380 Ramon Road (Landua Blvd to Da Vall Drive) $4,111,915 $1,288,340 $2,823,575 Varner Road (Palm Drive to Bob Hope) $24,889,298 $7,798,285 $17,091,013 Vista Chino (City Limits to Date Palm Drive/End) $3,681,251 $1,153,405 $2,527,846 Valley Center Road (Palm Drive to Bob Hope) $28,036,619 $8,784,400 $19,252,220 Date Palm Drive / Varner Road $1,800,000 $563,974 $1,236,026 Date Palm Drive / Valley Center Road $1,800,000 $563,974 $1,236,026 Date Palm Drive / Tachevah Drive $1,800,000 $563,974 $1,236,026 Varner Road / Edom Hill Road $1,200,000 $375,983 $824,017 Varner Road / Mountain View Road $1,200,000 $375,983 $824,017 Landau Blvd / Tachevah Drive $1,200,000 $375,983 $824,017 Cathedral Canyon Drive / 33rd Avenue $1,200,000 $375,983 $824,017 Dinah Shore / Whispering Palms Trail $1,200,000 $375,983 $824,017 East Palm Canyon / Margot Murphy Way $1,800,000 $563,974 $1,236,026 East Palm Canyon / Cree Road $1,800,000 $563,974 $1,236,026 Subtotal Roads and Intersections Costs $90,223,091 $28,268,590 $61,954,501 Bikeways & Multi-Modal Facilities
Off Street (CV Link) (Date Palm Dr to Palm Springs Motors/Motel 6) $646,272 $202,489 $443,783 Ramon Road (Landau Blvd to DaVall) $1,910,304 $598,534 $1,311,770 Valley Center Boulevard (Palm Drive to Varner/Bob Hope) $6,966,432 $2,182,714 $4,783,718 Varner Rd (Palm Drive to Bob Hope Drive) $7,289,568 $2,283,959 $5,005,609 Bob Hope Dr/Rio Del Sol (20th Avenue to I-10) $798,336 $250,134 $548,202 East Palm Canyon Drive (Golf Club to Buddy Rogers Avenue) $176,616 $55,337 $121,279 Date Palm Drive (Varner Road to East Palm Canyon Drive) $459,360 $143,926 $315,434 Perez Road (East Palm Canyon to Kyle Road (East)) $26,136 $8,189 $17,947 Gerald Ford Drive (Date Palm to Da Vall) $78,408 $24,567 $53,841 Da Vall Drive (Varner Road to Dinah Shore Drive) $256,608 $80,400 $176,208 Santoro Drive (McCallum Way to Ramon Road) $39,600 $12,407 $27,193 Tachevah Drive (Santoro to Vista Chino) $18,216 $5,707 $12,509 Vista Chino (Date Palm to Da Vall) $95,040 $29,778 $65,262 Palm Drive (Varner Road to I-10) $72,072 $22,582 $49,490 Landau Boulevard (Valley Center Boulevard to Vista Chino) $96,624 $30,274 $66,350 Off Road (Perez Road to Civic Center North) $11,880 $3,722 $8,158 Off Street (CV Link) (Wash/Cat Canyon Golf Club to Date Palm Drive) $102,960 $32,259 $70,701 Off Road (CV Link) (Dinah Shore to Cat Canyon Golf Club) $40,392 $12,656 $27,736 Landau Boulevard (Vista Chino to 30th Avenue) $158,400 $49,630 $108,770 Subtotal Bikeways & Multi-Modal Facilities Costs $19,084,824 $5,979,634 $13,105,190 Total Capital Improvement Projects $489,876,590 $34,248,223.67 $455,628,366.23 Notes:
1 The specific location of Park improvements w ill be dictated by the individual developments and cannot be determined at this time. It is anticipated that Parks w ill be provided w ithin residential development projects.

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Appendix B: Transportation Cost Details

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Table B-1: Street and Traffic Signals

Street / Traffic Signals Beginning Location End Locat ion Total Cost Street Improvements
Date Palm Drive Vista Chino Gerald Ford Drive 7,577,83 7.88 $ Dinah Shore Drive Whispering Palms Pumley Road 1,743, 768.63 $ East Palm Canyon Drive West City Limits East Buddy Ro gers 3,833,332.38 $ Perez Road Campbell Street Date Palm Drive 1,349,068.7 5 $ Ramon Road Landua Blvd Da Vall Drive 4,111,915.25 $
Varner Road Palm Drive Bob Hope 24,889,298.00 $
Vista Chino City Limits Date Palm Drive/End 3,681,250 .63 $ Valley Center Road Palm Drive Bob Hope 28,036,619.40 $
Subtotal Street Improvements 75,223,090.90 $
Traffic Signals
Date Palm Drive / Varner Road Date Palm Drive Varner Road 1,800,000.00 $ Date Palm Drive / Valley Center Road Date Palm Drive Valley Center Road 1,800,000.00 $ Date Palm Drive / Tachevah Drive Date Palm Drive Tac hevah Drive 1,800,000.00 $ Varner Road / Edom Hill Road Varner Road Edom Hill Ro ad 1,200,000.00 $ Varner Road / Mountain View Road Varner Road Mountain View Road 1,200,000.00 $ Landau Blvd / Tachevah Drive Landau Blvd Tachevah Dri ve 1,200,000.00 $ Cathedral Canyon Drive / 33rd Avenue Cathedral Canyo n Drive 33rd Avenue 1,200,000.00 $ Dinah Shore / Whispering Palms Trail Dinah Shore Whi spering Palms Trail 1,200,000.00 $ East Palm Canyon / Margot Murphy Way East Palm Canyo n Margot Murphy Way 1,800,000.00 $ East Palm Canyon / Cree Road East Palm Canyon Cree R oad 1,800,000.00 $ Subtotal Traffic Signals 15,000,000.00 $
Total Street Improvements & Traffic Signal Faciliti es 90,223,090.90 $ Notes:
1 Future street improvements and traffic signal facilities developed by the City of Cathedral City Engineering Department.

Source:

City of Cathedral City.

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AB1600 Fee Justification Nexus Study 61 September 2 023 City of Cathedral City
Table B-2: Future Bikeways and Multi-Modal Facilities

Street/Path Segment Classification
Length
(mi.) Total Cost
Class I
Off Street (CV Link) Date Palm Dr to Palm Springs Mo tors/Motel 6 Class I Future 0.68 646,272.00 $ Ramon Road Landau Blvd to DaVall Class I Future 2.01 1,910,304.00 $ Valley Center Boulevard Palm Drive to Varner/Bob Hop e Class I Future 7.33 6,966,432.00 $ Varner Rd Palm Drive to Bob Hope Drive Class I Future 7.67 7,289 ,568.00 $ Bob Hope Dr/Rio Del Sol 20th Avenue to I-10 Class I F uture 0.84 798,336.00 $ Subtotal Class I 18.53 17,610,912.00 $
Class 2
East Palm Canyon Drive Golf Club to Buddy Rogers Ave nue Class II Future 2.23 176,616.00 $ Date Palm Drive Varner Road to East Palm Canyon Driv e Class II Future 5.80 459,360.00 $ Perez Road East Palm Canyon to Kyle Road (East) Class II Future 0.33 26,136.00 $ Gerald Ford Drive Date Palm to Da Vall Class II Futur e 0.99 78,408.00 $ Da Vall Drive Varner Road to Dinah Shore Drive Class II Future 3.24 256,608.00 $ Santoro Drive McCallum Way to Ramon Road Class II Future 0.50 39,600 .00 $ Tachevah Drive Santoro to Vista Chino Class II Future 0.23 18,216.00 $ Vista Chino Date Palm to Da Vall Class II Future 1.20 95,040.00 $ Palm Drive Varner Road to I-10 Class II Future 0.91 72,072.00 $ Landau Boulevard Valley Center Boulevard to Vista Ch ino Class II Future 1.22 96,624.00 $ Subtotal Class II 16.65 1,318,680.00 $
Off Road Shared NEV/Bike
Off Road Perez Road to Civic Center North Off Road Shared NEV /Bike 0.15 11,880.00 $ Off Street (CV Link) Wash/Cat Canyon Golf Club to Da te Palm Drive Off Road Shared NEV/Bike 1.30 102,960.00$ Off Road (CV Link) Dinah Shore to Cat Canyon Golf Cl ub Off Road Shared NEV/Bike 0.51 40,392.00 $ Landau Boulevard Vista Chino to 30th Avenue Off Road Shared NEV/Bike 2.00 158,400.00 $ Subtotal Off Road Shared NEV/Bike 3.96 313,632.00 $
Total Future Bikeways & Multi-Modal Facilities 39.14 19,243,224.00 $ Notes:
1 Future bikew ays & multi-modal facilities derived from the City of Cathedral City Comprehensive General Plan dated July 1, 2019. 2 Cost estimates per mile provided by the City of Cathedral City on August 18, 2022.

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Cathedral City Page 1 of 2 Printed on 9/21/2023

Staff Report

City Council

Item No. 7.A

Meeting Date: September 27, 2023
From: Kevin Biersack, Financial Services Director
Title: Council Subcommittee Funding Recommendations for the FY 2023/2024 Community Assistance Program

City Council

RECOMMENDATION:

The Council Subcommittee recommends City Council approve the award of grants totaling $70,000 for the FY 2023/2024 Community Assistance Program.

BACKGROUND:

On May 24, 2023, Council approved a Community Assistance Program to support requests for grants from community non -profit organizations and other governmental jurisdictions. Funding for the program for FY 2023/2024 is included in the approved budget totaling $70,000 with grants awarded ranging from $1,000 to $15,000 per approved applicant . Grant applications were advertised on the City’s website and a notice was published in the local newspaper on July 1, 2023. The deadline for the City to receive applications was July 31, 2023.

DISCUSSION:

Council appointed an Ad Hoc Council subcommittee consisting of Councilmembers Gregory and Ross to review the applications and make a recommendation to the full Council for formal action. The subcommittee was provided the application packets on August 18, 2023 prior to meeting with City staff on August 29, 2023 to review and provide feedback and recommendations.

Program Guidelines: Council established the following guidelines for the program:

1. Applicants must be a non -profit 501c -3 organization or a tribal or governmental agency.

2. Applicants must be based in Cathedral City or demonstrate they provide services to residents or businesses of Cathedral City.

3. Applicants must be able to demonstrate they receive funding from other sources and are not relying only on City support.

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4. Preference will be given to applicants meeting health and human service needs of underserved populations.

Subcommittee Recommendations: The subcommittee recommended the following funding awards:

Organization Name Requested/Recommended Award
Act for Multiple Sclerosis $5,000/$3,000
Alzheimer’s Coachella Valley $5,000/$1,000
American Legion Auxiliary Unit 519 $4,800/$1,200
Assistance League of Coachella Valley $13,000/$2,500
Big Brothers Big Sisters of the Desert $10,000/$3,800
Cathedral Center (Cathedral City Senior Center) $15,000/$7,500 Cathedral City High School Band Boosters Org Inc $15,000/$8,000 Cathedral City High School Choirs $15,000/$8,000
Coachella Valley Disaster Preparedness Network $15,000/$2,500 Desert Access and Mobility Inc $15,000/$1,000
Dezart Performs $15,000/$1,000
Dinner with Patsi $5,000/$5,000
Habitat for Humanity of the Coachella Valley $15,000/$5,000 Martha’s Village & Kitchen $15,000/$2,500
Museum of Ancient Wonders $5,000/$5,000
Palm Springs Air Museum, Inc $5,000/$5,000
Riverside County Library Systems $2,000/$2,000
Shelter from the Storm, Inc $15,000/$5,000
Variety Children’s Charities of the Desert $15,000/$1,000 TOTAL AWARDED $204,800/$70,000

Cathedral City City CouncilSeptember 27, 2023

Cathedral City City Council
September 27, 2023