Proposed change to ADU Code Existing Code Standard/Regulation New Definition: “Attached accessory dwelling
unit” means a unit that is or will be attached to or
located within the existing or proposed single
family dwelling, including attached garages,
storage areas or similar uses, or the conversion
of an existing accessory structure that is
detached from the proposed or existing primary
dwelling, including detached garages.
CCMC 9.114.020
No definition. Conversion of a detached
accessory structure considered a
detached ADU
New Definition: “Detached accessory dwelling
unit” means a unit that is or will be detached from
the proposed or existing primary dwelling but is
not a conversion of an existing detached
accessory structure.
CCMC 9.114.020
No definition. Detached ADU treated as
detached, regardless of whether a
conversion.
Revised definition: “Owner” means the property
owner on the latest equalized property tax
assessment roll. If the owner is not a natural
person or group of natural persons (e.g. the
owner is a trust or corporation), then the owner(s)
shall designate a natural person for the purpose
of satisfying the owner occupancy requirements
set forth in Section 9.114.060. The owner(s)
designated natural person(s) shall reside on-site
and shall have authority to bind the owner in all
matters related to the site, and shall not pay rent
or other compensation, nor provide services to
the owner.
CCMC 9.114.020
Existing definition is revised in
compliance with AB 976.
Revised definition: “Owner -occupied” means an
owner currently resides on the property in either
the primary dwelling unit, ADU or JADU, if both
exist.
CCMC 9.114.020
Existing definition is proposed to be
deleted in compliance with AB 976.
A demolition permit for a detached garage that is
to be replaced with an accessory dwelling unit
shall be reviewed with the application for the
accessory dwelling unit and issued at the same
time.
New CCMC 9.114.030(C)
Existing code is silent. This is done as a
matter of practice as existing regulations
require residential parking.
Internal processes will be updated to
ensure both are submitted.
6.B.c
Packet Pg. 229
Attachment: ADU Code Comparison Matrix (3997 : Amendment to Chapter 9.114 Accessory Dwelling Units)
ACCESSORY DWELLING UNIT CODE COMPARISON MATRIX
Proposed change to ADU Code Existing Code Standard/Regulation C. If the City denies an application for an
accessory dwelling unit permit, thatthe City shall
provide a full set of comments to the applicant
with a list of deficiencies and description of how
they can be remedieds within the time frames
below for approval or denial of the application.
New CCMC 9.114.040.(C)
Existing code is silent. In practice,
corrections are given to the applicant to
achieve compliance.
Building Codes. The accessory dwelling unit shall
comply with state building standards for
dwellings. Accessory dwelling units are not
required to provide fire sprinklers unless they are
required for the primary residence. The
construction of an accessory dwelling unit shall
not trigger a requirement for fire sprinklers to be
installed in the existing primary dwelling.
Revised CCMC 9.114.050(2)
ADUs are not required to have fire
sprinklers if primary does not have fire
sprinklers.
4. Building Height. Attached and detached
accessory dwelling units shall not exceed the
height of the primary dwelling unit, except as
follows:
a. A detached accessory dwelling unit may
be up to 16 feet high if the primary dwelling is
less than 16 feet high.
b. A detached accessory dwelling unit on a
lot with an existing or proposed multifamily,
multistory dwelling, may be up to 18 feet high.
c. A detached accessory dwelling unit on a
lot within ½ mile of a major transit stop or a high-
quality transit corridor, as those terms are defined
in Public Resources Code Section 2115, may be
up to 18 feet high. An additional 2 feet in height
shall also be allowed to accommodate a roofd
pitch on the accessory dwelling unit that is
aligned with the roof pitch of the primary dwelling
unit.
d. An attached accessory dwelling unit shall
not exceed the height limitation that applies to
the primary dwelling unit or 25 feet, whichever is
lower. This clause shall not be construed to
permit an attached accessory dwelling unit to
exceed two stories. The accessory dwelling unit
shall not exceed sixteen feet in height or more
than one story. Revised CCMC 9.114.050(4)
a. A detached ADU cannot exceed 16
feet in height or one story on single
family lot.
b. A detached ADU cannot exceed 16
feet in height or one story on multiple
family lot.
c. A detached ADU cannot exceed 16
feet in height or one story on multiple
family lot.
d. Attached ADUs cannot exceed 16 feet
in height or one story.
6.B.c
Packet Pg. 230
Attachment: ADU Code Comparison Matrix (3997 : Amendment to Chapter 9.114 Accessory Dwelling Units)
ACCESSORY DWELLING UNIT CODE COMPARISON MATRIX
Proposed change to ADU Code Existing Code Standard/Regulation d. A detached ADU must be five feet away from
the main residence and five feet from other
structures on the property, except when this
requirementdistance precludes an ADU pursuant
to California Government Code Section
65852.2(c).
New CCMC 9.114.050(5)(d)
Accessory detached structures require a
10-foot setback from other structures on
the same lot.
Location. Accessory dwelling units shall be
located to the rear or side of any primary dwelling
unit. The prohibition on accessory dwelling units
in the front of the primary dwelling unit shall not
be enforced if it is not possible to construct an
accessory dwelling unit that is 800 square feet in
size to the rear or side of the primary dwelling
with a four foot setback from the rear and side
yard property lines.
New CCMC 9.114.050(6)
ADUs are not allowed in the front yard.
Lot Coverage. All new accessory dwelling units
shall conform to the lot coverage requirements of
the underlying zoning district in which the
accessory dwelling unit is located, except where
the application of the lot coverage requirements
would not permit construction of an eight hundred
square foot accessory dwelling unit that is
sixteen feet in compliant with height requirements
with a minimum of four-foot side and rear yard
setbacks from the property lines.
Revised CCMC 9.114.050(7)
Existing code limits ADU building height
to 16 feet.
Access. The accessory dwelling unit shall have
an independent exterior access/entrance, apart
from that of the primary dwelling. The ADU
entrance must be located on the side or rear
building elevation, not facing a public right-of-
way.
Revised CCMC 9.114.050(10)
Change proposed by staff, too restrictive.
Two detached accessory dwelling units shall be
approved that are located on a lot that has an
existing or proposed multiple-family dwelling,
provided that the units are no higher than sixteen
feet or eighteen feet, as may be applicable, and
meet a four-foot rear and side yard setback.
Revised CCMC 9.114.050(12)(b)(ii)
Existing code limits ADU building height
to 16 feet.
6.B.c
Packet Pg. 231
Attachment: ADU Code Comparison Matrix (3997 : Amendment to Chapter 9.114 Accessory Dwelling Units)
ACCESSORY DWELLING UNIT CODE COMPARISON MATRIX
Proposed change to ADU Code Existing Code Standard/Regulation d. A covered balcony, porch or patio provided
with an accessory dwelling unit shall count
towards the total floor area
Revised CCMC 9.114.050(13)(d)
Deletion proposed by staff. Too
restrictive and doesn’t allow for these
types of shaded amenities.
a. One new parking space per accessory
dwelling unit or per bedroom, whichever is less,
shall be required, except as provided in
subparagraph (c) below. Off-street parking shall
be permitted in setback areas or through tandem
parking in designated parking areas, unless
specific findings are made that parking in setback
areas or tandem parking is not feasible based
upon specific site or regional topographical or fire
and life safety conditions.
Revised CCMC 9.114.050(14)(a)
Revised to clarify that only one parking
spaces is required per ADU, except as
excepted.
c. No additional parking shall be required for
any accessory dwelling unit in the following
instances:
vi. When a permit application for an accessory
dwelling unit is submitted with a permit
application to create a new single family dwelling
or a new multifamily dwelling on the same lot,
provided that the accessory dwelling unit or the
parcel satisfies any other criteria listed in this
section.
Revised CCMC 9.114.050(14)(c)(vi)
Existing code requires plans to show
parking for primary dwelling and ADU.
15. Utilities. For detached accessory dwelling
units, excluding those that are within the space of
an existing accessory structure, the city may
require a new or separate utility connection
directly between the accessory dwelling unit and
the utility.
Revised 9.114.050(15)
This is dictated by the utility company, as
opposed to the city.
Ownership and Occupancy. An accessory
dwelling unit may be rented separate from the
primary residence, but may not be sold or
otherwise conveyed separate from the primary
residence, except as provided by Government
Code Section 65852.26. An accessory dwelling
unit shall not be utilized as a short-term vacation
rental as defined in Chapter 5.96 of this code.
Revised 9.114.050(16)
ADUs are not permitted to be conveyed
separately.
6.B.c
Packet Pg. 232
Attachment: ADU Code Comparison Matrix (3997 : Amendment to Chapter 9.114 Accessory Dwelling Units)
ACCESSORY DWELLING UNIT CODE COMPARISON MATRIX
Proposed change to ADU Code Existing Code Standard/Regulation
5. A lot with a junior accessory dwelling unit
must be owner-occupied. The owner may live in
either the junior accessory dwelling unit or the
primary dwelling. If the owner fails to comply with
this requirement, the city may require the junior
accessory dwelling unit be returned to its original
use. This requirement shall not apply if the owner
is a governmental agency, a land trust, or
housing organization.
Revision 9.114.060(5)
Occupancy requirement to be deleted in
compliance with AB 976.
6.B.c
Packet Pg. 233
Attachment: ADU Code Comparison Matrix (3997 : Amendment to Chapter 9.114 Accessory Dwelling Units)
Cathedral City Page 1 of 4 Printed on 11/28/2023
Staff Report
City Council
Item No. 7.A
Meeting Date: November 29, 2023
From: John Corella, Director of Engineering/Public Works Title: Sarah Street Area Assessment District Formation Project - Phase 2A Approval
City Council
RECOMMENDATION:
For the City Council to:
· Award a professional services agreement to Willdan Engineering, Inc. in the amount of $49,300 for Phase 2A assessment district preliminary design services for the Combined Sarah Street Area; and,
· Approve a fifteen percent (15%) contingency in the amount of $7,395 for unforeseeable design costs; thereby bringing the total design budget for this Project to $56,695; and,
· Authorize the City Manager to execute the contract documents; and, Authorize a General Fund budget amendment to the Engineering Professional and Technical Services Budget in the amount of $56,695 to fund this Project.
BACKGROUND:
On January 4, 2023, the City Council approved an agreement with Woodard & Curran (Consultant) to provide Phase 1 infrastructure (e.g., sewer and other facilities) Assessment District Support Services to assist the City with public outreach in the following areas:
• Agua Caliente Trail Area
• Sarah Street Area
• Bochner Family Property
Agua Caliente Trail Area
With the above background information provided, there has been interest in the formation of an assessment district among the property owners of parcels in the undeveloped Agua Caliente Trail area. This area encompasses Agua Caliente Trail, San Juan Trail, Desert Primrose Trail, Starlight Trail and Whitewater Trail (location map attached). The property owners are informally calling this area the “Outpost Business Park.”
7.A
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Cathedral City Page 2 of 4 Printed on 11/28/2023
In August 2019, two (2) property owners conducted a grassroots campaign survey to determine if there was interest in forming an assessment district in this area. Results from this survey showed the majority of property owners were in favor of exploring the formation of an assessment district to provide for streets, curbs, gutters, water, sewer and other utilities.
Sarah Street Area
This light commercial/industrial area is comprised of Sarah Street, the south portion of Agua Caliente Trail and Crossley Road (location map attached). Historically, a few property owners have requested sewers to be installed. These requests have not progressed further into the assessment district stage.
Bochner Family Property
This single parcel APN 677 -420-016 is owned by Bochner Family Real Estate and is located just north of Sarah Street, abutting the Whitewater River Channel to the east and the Dream Home s Neighborhood to the north. This 29.41 -acre parcel is generally triangular in shape and undeveloped.
At the November 8, 2023 City Council Meeting, Woodard & Curran presented the results from the completion of the Phase 1 outreach. In this same discussion, City Staff introduced what was needed to move into the next phase of the assessment district formation process, Phase 2A.
DISCUSSION:
Assessment District Phasing
The City and Consultant developed an assessment district process flow chart identifying three (3) distinct assessment district formation phases. Since that time, it has become evident that Phase 2 should be broken into two parts: Phase 2A and Phase 2B. The phases are identified as follows:
• Phase 1: Providing outreach and soliciting for interest in the formation of an assessment district using letters, meetings and individual discussions as the methods used.
• Phase 2A: Consultants engaged to prepare conceptual plans and preliminary cost estimates and an information neighborhood meeting. • Phase 2B: Consultants will continue outreach to property owners and bond counsel will be engaged to send out formal petitions for the assessment district formation.
• Phase 3: Assessment district plans prepared, City adopts the required resolutions of intention, notices send out, public hearing is held, vote is tabulated and the assessment district either proceeds or is not approved to proceed.
The modified Assessment District Flow Chart is attached to this report with the steps required for the assessment district formation.
7.A
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Cathedral City Page 3 of 4 Printed on 11/28/2023
Phase 2A
With the majority of property owners in favor of moving forward to have more precise information regarding the actual costs of assessment districts, respective to each individual area and/or collectively, City Staff solicited informal proposals for Phase 2A of the Sarah Road Assessment District Project. Initially, City Staff contacted the City’s On - Call Consultants: HR Green, Inc., Interwest Consulting Group, and Webb and Associates. The City’s On -Call Consultants responded that these are specialized services they do not typically provide and therefore declined to provide a proposal to the City. City Staff subsequently solicited informal proposals from specialty consulting companies providing these specialized services.
Proposals for Sarah Road Assessment District Formation Phase 2A were received from three (3) firms. The following table ranks each qualified proposer by total cost:
RANK CONTRACTOR AMOUNT
1 Willdan Engineering (Industry, CA) $ 49,300
2 Woodard and Curran (Walnut Creek, CA) $ 74,830
3 Michael Baker International (Palm Desert, CA) $131,000
The Proposals were reviewed by City Engineering Staff. The panel cited all consulting companies provided proposals that were responsive, qualified, and knowledgeable about the Project. Based on the proposals received, the lowest responsive and responsible company is Willdan Engineering (Willdan) from Industry, CA.
The proposal received from Willdan Engineering (Willdan) is consistent with current costs and in line with the City’s expectations for this service.
As a result of the above, City Staff is requesting the City Council award a professional services agreement to Willdan Engineering, Inc. in the amount of $49,300 for Phase 2A assessment district preliminary design services for the Combined Sarah Street Area .
Additionally, also approve a fifteen percent (15%) contingency in the amount of $7,395 for unforeseeable design costs , thereby bringing the total design budget for this Project to $ 56,695. Also a uthorize the City Manager to execute the contract documents and authorize a General Fund budget amendment in the amount of $ 56,695 to the Engineering Professional and Technical Services budget 100-156-8601 to fund the project.
FISCAL IMPACT:
A General Fund Budget amendment will be required in the amount of $56,695 to the Engineering Professional and Technical Services budget 100-156-8601, to include the Professional Services Agreement with Willdan Engineering in the amount of $49,300, and a fifteen percent (15%) contingency in the amount of $7,395, for any unforeseen design costs.
Willdan Engineering Cost $49,300
15% Contingency $ 7,395
7.A
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Cathedral City Page 4 of 4 Printed on 11/28/2023
Budget Amendment Required $56,695
FIVE-YEAR STRATEGIC PLAN:
Goal B: Community Investment
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.
ATTACHMENTS:
Maps
Modified Assessment District Flow Chart
Willdan Engineering Informal Proposal
PSA- Willdan Engineering - Sarah Rd AD - Phase 2A-
7.A
Packet Pg. 237
(09
(10(10
(11
(28
(11
(22
(09
(11
(09
(26
(14
(20
(10
(22
(14(12
(23
(10
(24
(01
(10 (11(09
(18
(21
(13
(01
(14
(12
(10
(05(05
(18(01
(08
(07
(07
(08
(07
(27
(13
(03
(01
(04
(14
(25
(13
(06 (09
(04
(12
(14
(02
(05
(06
(03
(04(02 (03
(02
(16
(12
(09
(12
(05
(07
(06
(17
(05
(15
(10 (11
(11
(12
(03
(11
(15
(09
(08
(16
(01
(02
(08
(04 (04
(17
(08
(07
(06 (13(13 (06
(03
(02
(13
T447
T443
T446
T441
T442T445
T444
677-44
ASSESSOR'S MAP BK677 PG.44
Riverside County, Calif. Mar 2014S. Hemmati
POR. S 1/2, SW 1/4, SEC. 17, T4SR5E
CITY OF CATHEDRAL CITY
TRA 019-008
24-63-3
Bk 680
Pg 17
Pg 42
Pg 44
Pg 39
Pg 43
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ©
1 " = 100 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
Data
LLA 5-040
Map Reference
MB 26/88 PALM SPRINGS OUTPOST UNIT NO. 5
Date Old Number New Number
6/1/1973 444-5 6
11/1/1980 444-6 7
6/1/1981 441-14 PG.42
3/1/1985 444-1 8,ST
9/1/1985 447-2,3 447-6
1/1/1986 447-6 7,ST
3/1/1986 446-18 20,ST
7/1/1986 446-19 21,ST
7/1/1986 443-15-19,ST 20-24
7/1/1986 444-2-4,7,8,ST 9-13
7/1/1986 446-15-17,20,21,ST 22-25
7/1/1986 447-1,4,5,7,ST 8-11
11/1/1986 444-12 14
6/1/1987 446-23 27
6/1/1987 446-24 28
2/19/2014 447-8 12,ST
7.A.a
Packet Pg. 238
Attachment: Maps (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval) CITY
BOGIE
ROAD
(GENE
AUTRY
TRAIL)
55'
74.5'
75'
52'
RAMON
LOT D
PAR
1 145
194.32 226.73
PAR 3PAR 2
115.04 269.96 226.73
60'
50 275
55'CROSSLEY ST.
473.24
SARAH ST.
473.16
32.53 L=231.24
3.07 AC NT
474.65
PAR 4
554.13
CITY LIMITS
40' 161.33
TR 29742-1
L=309.98
272.47
50'
292.97
40'
30 L=172.18
932.67
20 N00-07-15W 1323
34.60 PM 91/7
L=2264.58
R=30,000
TRA 019-000
TRA 019-008
R=33,000
1523.25
82.78 AC ML
(SUBJECT TO FLOOD ESM'T)
#077268 9/60
PAR 1
29.41 AC ML
227.33
303.86
122.86
137.68
99.50 137.22
167.43
L=138.70
31.37 126.16
65.27 192.95
66.45 L=162.71
55.11 L=87.44 LOT C
L=151.94
41.07 166.72
L=68
PAR 4
25180.64
40.39 63.45
L=41.66
3.72 AC
PAR 5
L=72.40
SPRINGS LIMITS676.97
CATHEDRAL LIMITSN89-46-26E
795.07
25.91 291
283.62
329.05
300.08
226.68
23.53 136.83
23.50 57.68
186.05 190.85
40.71 27.50 34
67.72 PAR 6 PAR 7
1.95 AC 2.00 AC
633.27
L=65.20
L=65.2025
21 472.59
50.05 50.91
36.53 35.56
53.24 311.53
PAR 1
20'
5'
30'
LOT B
TRA 011-047
PAR 8
5.40 AC
30'
5'
20'
LOT A
LOT D
60'
PM 230/40
PM 230/40L=101.31
587.90 PALM
PM 230/40
LOT G
1.60 AC NT
EX
11.40 AC
378.31
LOT E LOT B
L=254.94
LOT C
PM 8/64
2.92 AC NT
CATHEDRAL
LOT A
EX
ROAD
173.51
82.46 48.04
POR PAR 3
SAN
DR.LUIS
REY
POR PAR 2
10.63 AC M/L
#0463089 11/19
LANDAU
BLVD
11.28 15.77 9.83
17 (23
(16
(55
(58
(54
(51
(15 (12(53(52 (40
(50(59
(21
(22
(57
677-42
ASSESSOR'S MAP BK677 PG.42
Riverside County, Calif. May 2021E250853
POR. SEC. 17 T.4S., R.5E.
CITY OF PALM SPRINGS
TRA 011-047
019-000
019-008 24-63-3
Bk 680
Pg 17
Pg 42
Pg 28 Pg 42
Bk 677
Pg 41
Bk 680
Pg 19
Pg
44 Pg 38 Pg
62 Pg 39
Bk 680
Pg 10
Bk 678
Pg 21
Bk 678
Pg 07
Bk 678
Pg 17
Pg 35
Pg 37 Pg 63
Pg
43 Pg 61
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. 18 19 20
©
1 " = 400 '
16 20 21
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
CATHEDRAL CITY
Data *
PM 135/53-54
MB 22/40-44
PM 155/20
RS 14/82, RS 96/43-48
Map Reference *
MB 364/70 - 75 TRACT MAP NO. 29742-
PM 230/40 - 46 PARCEL MAP NO. 31968
PM 8/64 PARCEL MAP NO. 5092
PM 91/7 - 8 PARCEL MAP NO. 14820
Date * Old Number * New Number *l
9/1/1973 04 05-06
9/1/1973 01 04,ST.
4/1/1977 800 07
5/1/1978 07 08,ST.
6/1/1981 06 09-12
6/1/1981 PG.41 13,ST.
8/1/1981 03 14,ST.
9/1/1984 10,11 15
3/1/1986 09,13 16
6/1/1986 18 19-20
6/1/1986 08 17-18
7/1/1986 ADD_ASMNT. 21
4/1/1987 05 22,ST.
7/1/1987 02 23-24
4/1/1989 14 25-26
2/1/1990 25,26 27
2/1/1990 27 28-29
2/1/1993 28 30-31
8/1/1999 20 33,ST.
8/1/1999 19 32,ST.
11/9/2000 17 34,ST.
11/9/2000 30 35
11/19/2004 31 37,38
11/19/2004 39 40,PG62
11/19/2004 35 36,ST
11/19/2004 38,29 39
2/24/2005 36,37 41
2/24/2005 41 PG63
1/29/2008 34 43,ST.
1/29/2008 32 42,ST.
3/20/2008 43 44,45
2/10/2009 42 46,47
1/4/2010 33,44,47 48
1/4/2010 45 55
1/4/2010 46 56
1/4/2010 48 49-54
4/22/2020 24 57, ST
5/11/2021 49 58,ST
5/11/2021 56 59,ST
7.A.a
Packet Pg. 239
Attachment: Maps (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval) 100
50.20 30 20
30 20
50.20 850.63
P.S.C.C.E.
TR 14288
TR 14288
TRA 019-008
231.85
100.28
50 50
50 50 140
140 70
70 140
140150
150
85 150.08
52 24.21
79.08 49.87
5050
50 50
5050
5029.97
31.44 L=101.39
121.42 P.S.C.C.E.
15 30
9.61 AC ML
Por 1
CM
330.07
1267.68
CM
Por 1
TR 14288
100
TRA 019-008
TRA 019-015
55 55
50 N89-43-21E
RAMON ROAD
SAN LUIS REY DRIVE
LOT O
LOT B
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
332
333
334
335 336
TR 14288
266.44
P.S.C.C.E.
30 30
150
150
100
30 30
N00-12-40W
EX
LOT 337
(46
(40
(41
(32
(47
(38
(37
(31
(34
(39
(01
T431
01-47
T432
01-65
677-43
ASSESSOR'S MAP BK677 Pg. 43
Riverside County, Calif. Nov 2020arrodrig
SW 1/4 OF SEC 17, T.4S.,R.5E TRA 019-008
019-015 24-63-3
Bk 680
Pg 17
Pg 43Pg 42 Pg 44
Pg 39Pg 38
THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCEL MAY NOT COMPLY WITH LOCAL LOT-SPLIT OR BUILDING SITE ORDINANCES. ©
1 " = 100 '
Legend
Lot Lines
Right-Of-Way
Old Lot Lines
Reference R.O.W
Other Easements
Lease Area
Subdivision Tic Mark
CITY OF CATHEDRAL CITY
Data
LLA 5-071
RES. 2019-44 2020-0043150
SHEET 1 OF 3
Date Old Number New Number
3/1/1971 10-12 27
5/1/1972 22,23 28
1/1/1974 8,9 29
2/1/1975 3,4 30,31
2/1/1980 5-7 32
3/1/1981 18-20 33
4/1/1981 2,30 34
12/1/1981 25,33 431-1-47
12/1/1981 25,33 432-1-65
9/1/1984 26,27 35
11/1/1984 35 36,37
10/1/1987 29 38
10/1/1987 36 39
6/1/2003 430-21,24,28 40
12/1/2005 430-15,16,17 41
Map Reference
MB 22/40 - 44 PALM SPRINGS COUNTRY CLUB ESTATES
MB 117/94 - 95 TRACT MAP NO.14288
CM 33/35 - 66 POR LOT 1 #1981-054588 03-27-1981
7.A.a
Packet Pg. 240
Attachment: Maps (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval) No
Yes
No
Yes
No
No
Yes
No
Yes
Coordinate with 2
Major owners and City
staff to finalize total
number of properties
and property owner
contact information
Send information to all
property owners regarding
the potential formation of
an assessment district with
postcard survey
Meet (virtually) with 2 Major
property owners to gather names
and contact info for other
property owners
Special
Assessment
District
Formation
Gather postcard
survey results
and prepare
summary letter
with
recommendation
and outline of
next steps
Majority (or some %)of
owners are interested in
Assessment District?
City engages consultant to
prepare a conceptual design
and preliminary cost
estimates. Dry utilities
contacted for underground
costs.
Assessment
District
Process
Ends
W&C, subconsultant, and City
conducts informal neighborhood
meeting to present proposed
project, AD process and potential
costs. Audience polled to
determine if there is still interest
in AD formation
Is audience
predominantly
in favor of AD
formation?
Assessment
District
Process
Ends
City Staff
approaches City
Council for
authorization to
retain Bond
Counsel to prepare
the formal petition
documents
Property owner
volunteers to
circulate the
petition to property
owners within the
proposed district
boundary
Does petition
meet City's
threshold of
support (70%?)?
W&C prepares Construction
plans/Bid Set, detailed cost
estimate, affected properties
map estimated assessments for
each property
Assessment
Engineer
prepares
Engineer's
Report based on
cost estimate
City Council
Approves Report
and Adopts
Resolution of
Intention to Form
Assessment District
Public Hearing Date
Set and
Advertisement for
Bids goes out
Notice of Public
Hearing and
Assessment Ballots
mailed out 45 days
before hearing.
Allow enough time
to receive bids
Engineer's
Report revised
based on bid
results prior to
public hearing
Are individual Assessments greater than
presented in Report adopted by Council?
YES votes exceed 50% based
on total dollars voting yes?
Public hearing held
and ballots
tabulated
City Council approves the
District and awards the
Construction contract
Assessment
District Not
Approved
New Notice of
Public Hearing (45
days) and ballots
sent out.
Reference: Los
Altos, CA
https://www.losaltosca.gov/sites/default/files/fi…
Catherdral City Assessment District Formation Flowchart.mmap - 12/15/2022 - JMRoberts Phase 2B
Phase 2A
Phase 1
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Attachment: Modified Assessment District Flow Chart (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval)
T 562.908.6200 ▪ 800.499.4484 | F 562.695.2120 | 13191 Crossroads Parkway North, Suite 405, Industry, CA 91746 | www.willdan.com October 17, 2023
Mr. Andrew Lee E.I.T. submitted via email: [email protected] Assistant Engineer
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Subject: Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis Dear Mr. Lee:
Willdan Engineering (Willdan) is uniquely qualified to provide engineering services to the City of Cathedral City (City).
Our firm has over 59 years of experience providing similar services to district, cities, and counties throughout California.
Our extensive experience with a variety of street improvements, water infrastructure and master plans, sewer master plan, and assessment district projects makes us particularly strong as a partner on this important endeavor.
Project Understanding
The assessment district formation phase 2 is understood to cover the Desert Water Agency Service Area, including the following areas outlined in the provided parcel maps for the Sarah Street area:
▪ Crossley Road and Sarah Street (Commercial and Light Industrial) ▪ Lakeview Villas Condos (Fully Developed Residential on Septic) ▪ The unimproved Agua Caliente Trail area (Outpost Business Park; Unimproved Commercial and Light Industrial) ▪ The Bochner Family property (Unimproved Commercial and Light Industrial) The City has received interest from the residents of the above locations for further discussion to install street improvements including roadway paving and sidewalk, water, sewer, electricity, gas and telecom . Per the provided staff report, the Lakeview Villas Condos are currently connected to septic and have applied for CWSRF Grant funding for the conversion of septic to sewer. The unimproved areas will include preliminary street improvement layout with roads and sidewalks, and all areas will include preliminary wet and dry utility layout. The remaining areas are zoned for commercial and light industrial and do not qualify for the grant.
The City intends to host a community meeting to discuss the feasibility of the proposed improvements , with a preliminary conceptual design with budgetary opinions of probable cost, to enable the community to make an informed decision about the issue. Willdan will assist the City by preparing a preliminary presentation to discuss the process to form an Assessment District.
Scope of Work
Task 1 – Project Management and Meetings
Willdan will conduct all tasks necessary to complete the project, including day-to-day project management, meetings, project communication, project scheduling and tracking, invoicing, and overall administration of the project. Willdan utilizes a project management process to ensure a successful project, one which yield results that match clients expectations; project management is expected to include, but not be limited to:
a. Schedule project kick-off meeting to include City staff b. Communicate often with City staff throughout various submittal stages c. Prepare and distribute meeting agendas and minutes for all project meetings d. 3 Virtual Meetings with City Staff Assumed for this project
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Attachment: Willdan Engineering Informal Proposal (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval) Mr. Andrew Lee E.I.T, Assistant Engineer
City of Cathedral City
Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis October 17, 2023| Page 2
Task 2 – Utility Coordination and Research
Utility research to determine possible conflicts with underground utilities. Available as-builts will be collected for the existing street, sewer, and water improvements. Existing sewer and water as-builts will be used for invert elevations.
Willdan will a lso coordinate with dry utility companies to determine the installation costs for the proposed improvements. Willdan will coordinate with the Desert Water Agency to determine potential connection fees and current sewer capacities at the mainline.
Deliverables
✓ PDF of GIS Sewer Exhibit
Task 3 – Preliminary Exhibit Preparation
Willdan will prepare a preliminary sewer exhibit utilizing the latest version of ARCGIS and/or AutoCAD Civil 3D. The exhibit will be based on available GIS mapping and will utilize Google Earth and /or 20’ contours to establish preliminary site topography. Willdan will prepare preliminary base mapping including street right s-of-way, parcel lines, and easements base d upon tract maps, parcel maps, and assessor parcel maps. Topographic survey is not included in this proposal but can be added under a separate scope and fee negotiated with the City. For a more accurate opinion of probable cost it is recommended that an aerial survey be performed (see Optional Task 9).
An alignment of the streets and wet and dry utilities will be set based on the available map data at 100 -scale topography. If necessary, an alternate alignment will be shown to exemplify all available options. Willdan will utilize available City and County GIS data to establish the Point of Connection to the existing sewer main. To properly set up the alignment, a preliminary pump vs. gravity analysis will be conducted to determine whether a pump station will be required to adequately serve the sewer needs , if required . The pump analysis will be based on the 20’ contours. Pump calculations are not included in this proposal. Geotechnical analysis and potholing of existing utilities is also not included in this proposal.
Deliverables
✓ PDF of CAD/GIS Sewer Exhibit
Task 4 – Preliminary Water/Sewer Memorandum
A preliminary water/sewer memorandum will be prepared to ensure adequate capacity of the proposed facilities.
Capacity at the mainline will be confirmed and utilized within the report. Sewer and water flows will be calculated for the area based on available land use. No calculations or modeling for dry utilities are included in this proposal. A full sewer and water study is not included in the phase 2 analysis. The memo will be used to provide preliminary sizing of the water and sewer pipelines.
Deliverables
✓ PDF of GIS Sewer Exhibit
Task 5 – Budgetary Engineer’s Opinion of Probable Cost
Willdan will prepare a Budgetary Opinion of Probable Cost (OPC) utilizing the latest version of Microsoft Excel. The estimate will be based on recent bid data seen for similar projects within proximity of the site. This “ ballpark” estimate will be preliminary based on the minimal data available prior to any field investigation and is to be utilized for discussion purposes only.
Willdan Financial Services will also establish an appropriate draft assessment methodology for the apportionment of costs. The method of apportioning costs, to the extent possible, will utilize a methodology concept and structure that is consistent with those utilized by other public agencies for similar assessments, and which follows the provisions of the California Constitution and notable court decisions regarding assessments.
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Attachment: Willdan Engineering Informal Proposal (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval) Mr. Andrew Lee E.I.T, Assistant Engineer
City of Cathedral City
Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis October 17, 2023| Page 3
To the extent there are general benefits identified, it is possible that the proposed assessments may not be able to fund 100 percent of the improvements.
The preliminary assessment methodology will be used to estimate the total and annual assessment burden for each property within the proposed District.
Deliverables
✓ PDF of Budgetary Engineer’s Opinion of Probable Cost Task 6 – Presentation Preparation
Willdan will produce a PowerPoint presentation for the community meeting. The presentation will assist in educating the community with the process of installing the proposed improvements. Exhibits and data tables will be prepared to exemplify preliminary design alternatives and cost estimates. Sewer and water needs will be assessed via land use.
Any additional information the City has to assist in the analysis should be provided to Willdan. Upon completion of the presentation, it will be submitted to the City for review and comment prior to the community meeting. Please note that a formal study has not been conducted yet and is not to be prepared at this time. The purpose of this presentation is to present preliminary findings to assist the process in the creation of a Sewer Assessment District.
Task 7 – Community Meeting
Willdan will attend one (1) community meeting; the date and time will be coordinated with City staff. Willdan will present the PowerPoint presentation and develop exhibit panels showing what costs are paid by the District and which improvements are the responsibility of the property owner. Additionally , exhibits will be prepared showing specific construction techniques with photographs showing construct ion impacts of the proposed improvements.
This will be presented to the community in collaboration with City staff. Willdan will field a question and answer portion during the presentation and remain in attendance to assist throughout the duration of the meeting. Community Meeting
✓ Attend Community Meeting
✓ Present PowerPoint Presentation
Optional Task 8 – Prepare Newsletter and Ballot
If the City elects to include this optional task, Willdan will prepare a newsletter summarizing the details discussed in the Community Meeting to outline the process and cost for formation of the Assessment District. Willdan will also prepare a survey postcard to be included within the newsletter, this will allow residents to vote whether they are in favor or not in favor of the project, based on the available preliminary data and costs presented within the newsletter.
These items will be provided to the City in PDF format; the City can then mail this to all neighborhood residents. This will provide the City with information on how many residents are interested and allow an informed decision on whether there is enough interest to proceed with a preliminary sewer report and Engineer’s Report to form the Assessment District. The preliminary sewer report and formation services are not included in this proposal but can be provided under a separate scope and fee.
Deliverables
✓ Sewer Notice Newsletter
✓ Postcard Survey
✓ Survey Tabulations
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Attachment: Willdan Engineering Informal Proposal (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval) Mr. Andrew Lee E.I.T, Assistant Engineer
City of Cathedral City
Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis October 17, 2023| Page 4
Optional Task 9 – Aerial Survey and Mapping
As an option for the City, we have included a cost for aerial surveying and mapping of the area. It is recommended that an aerial survey be performed in order to provide more accurate costs to ensure the sewer and streets have the proper slope. This will give us a more accurate opinion of probable cost and will be available for the future design.
Due to the preliminary nature and uncertainty of assessment district voting we included this as optional to minimize up-front costs prior to the vote. Approximately 73 acres will be mapped by aerial methods.
The area will be mapped at 1 -foot contour intervals and plotted at 100 -scale for the study portion of the project.
Surveying activities will set aerial control points, GPS ties to bench marks, aerial control points, and found monuments. Aerial mapping activities include flying the site and providing compilation and CAD services. Deliverables
✓ PDF and CAD files of Survey Base mapping
Project Disclaimer
The City of Cathedral City further represents, acknowledges, and agrees that:
(i) the City uses the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission (“SEC”) to advise it in connection with municipal financial products and the is suance of municipal securities;
(ii) the City is not looking to Willdan to provide, and the City shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); (iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and t he rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash- flow analyses, feasibility studies and/or other analyses Willdan may provide the City with re spect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City , in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shal l it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securit ies issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the pa rties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.
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Attachment: Willdan Engineering Informal Proposal (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval) Mr. Andrew Lee E.I.T, Assistant Engineer
City of Cathedral City
Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis October 17, 2023| Page 5
Exclusions
The following items are not included within this proposal but can be added for a separate scope and fee negotiated with the City:
▪ Final Design Plans and PS&E.
▪ Field Topographic Survey
▪ Environmental Documentation and Permitting
▪ Geotechnical Investigation and Potholing
▪ Development of Legal Plats and R/W Documents
Schedule
Outlined below is Willdan's proposed project schedule for completing the above-described scope of work. Schedule begins upon receipt of notice to proceed (NTP).
Task Duration Timeframe (From NTP)
Kick-Off Meeting 2 Weeks 2 Weeks
Utility Coordination and Research 1 Week 3 Week
Prepare Preliminary Water/Sewer Report 4 Weeks 7 Weeks
Prepare Exhibit and Budgetary Opinion of Probable Cost 3 Weeks 10 Weeks City Review, Meeting and Comments 2 Weeks 12 Weeks
Presentation Preparation 1 Week 13 Weeks
City Review, Meeting and Comments 1 Week 14 Weeks
Community Meeting Date TBD
Fee
Our proposed time -and-materials – not-to-exceed fee for the base scope of work identified above is $49,300.
Optional Tasks 8 & 9 can be added for $ 2,463 & $40,611 respectively, for a total, inclusive of the optional tasks , of $92,374.
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Attachment: Willdan Engineering Informal Proposal (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval) Mr. Andrew Lee E.I.T, Assistant Engineer
City of Cathedral City
Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis October 17, 2023| Page 6
Please indicate the City’s approval and authorization to proceed by signing and returning via email to [email protected] and [email protected].
Thank you for this opportunity to be of continuing service to Cathedral City. We recognize the importance of this project to the City and are committed to realizing its timely and successful completion. Should you have any questions regarding this proposal, please contact Mr. Tyrone Peter at (714) 393-1963 Or via e -mail at [email protected]; or Mr. Ronald Stein at (714) 204-9257, or via email at [email protected].
Respectfully submitted,
Willdan Engineering
Tyrone Peter, PE
Deputy Director of Engineering
City of Cathedral City, CA
Name, Title Date
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Attachment: Willdan Engineering Informal Proposal (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Approval) - 1 -
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
WILLDAN ENGINEERING
This Agreement for Design Professional Services (“Agreement”) is entered into as of November 29, 2023 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City ”) and Willdan Engineering, a California corporation (“Design Professional”). City and Design Profes sional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by informal quotes, the performance of the assessment district formation services defined and described particularly in Section 2 of this Agreement.
B. Design Professional, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City’ s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPE
RATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
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Attachment: PSA- Willdan Engineering - Sarah Rd AD - Phase 2A- (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A - 2 -
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one (1) year commencing on the Effective Date.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) S cope of Services . Design Professional agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services.
SECTION 3. ADDI
TIONAL SERVICES.
Design Professional shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) S
ubject to any limitations set forth in this Agreement, City agrees to pay Design Professional the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Forty-Nine Thousand Three Hundred dollars ($49,300), unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) E ach month Design Professional shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub- Design Professional contracts. Sub- Design Professional charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated
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Attachment: PSA- Willdan Engineering - Sarah Rd AD - Phase 2A- (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A - 3 -
to that task. City shall independently review each invoice submitted by the Design Professional to determine whether the work perform ed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Design Professional for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by City, City will use its best efforts to cause Design Professional to be paid within forty -five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be dee med to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall rejec t or finally accept Design Professional’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, dev eloped or discovered by Design Professional in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Design Professional . Upon completion, expiration or termination of this Agreement, Design Professional shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work ” of this Agreement shall not extend to such use of
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Attachment: PSA- Willdan Engineering - Sarah Rd AD - Phase 2A- (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A - 4 -
the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 7. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional’s performance of the Services.
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disburse ments charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Design Professional pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shal l be made available at Design Professional’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due t o dissolution or termination of Design Professional’s business, City may, by written request, require that custody of such documents or records be given to the City.
Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that
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Attachment: PSA- Willdan Engineering - Sarah Rd AD - Phase 2A- (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A - 5 -
Design Professional or any of Design Professional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Design Professional , nor any of Design Professional’s officers, employees or agents, s hall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Design Professional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practi ces utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thorou ghly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, di fficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Design Professional shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Design Professional to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Design Professional that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any
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Attachment: PSA- Willdan Engineering - Sarah Rd AD - Phase 2A- (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A - 6 -
of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.
SECTION 13. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City may determine that Design Professional must disclose its financial interests by completing and fil ing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk ’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
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SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Design Professional, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional , its o fficers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
(a) Indemnification by Design Professional . As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) fr om and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub- consultants (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the
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event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City , its contractors and other d esign professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Design Professional shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Design Professional’s duty to defend shall not apply if there is a project -specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(c) Cit
y's Negligence . The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 16. INSURANCE.
Design Professional agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who w ill fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the
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performance of any of Design Professional’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reasonable effort to maintain the stability and continuity of Design Professional’s staff and subcontractors, if any, assigned to perform the Services. Design Professional shall no tify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 19. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 20. DEFAULT.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.
The notice shall include the timeframe in which Design Professional may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is
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cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the default, the City may take nec essary steps to terminate this Agreement under Section 19 “Termination of Agreement .” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any right s arising out of any provision of this Agreement.
SECTION 21. EXCUSABLE DELAYS.
Design Professional shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design P rofessional. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 22. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for c arrying out the Services shall be furnished to Design Professional in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: Charles P. McClendon, City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Willdan Engineering
Tyrone Peter, PE,
Deputy Director of Engineering
13191 Crossroads Parkway North, Suite 405
Industry, CA 91746
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mai led, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 24. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Rivers ide, California. In the event
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of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 31. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Design Professional and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY WILLDAN ENGINEERING
__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
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ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2023 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2023 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or frau dulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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B-1
EXHIBIT "A"
SCOPE OF SERVICES
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T 562.908.6200 ▪ 800.499.4484 | F 562.695.2120 | 13191 Crossroads Parkway North, Suite 405, Industry, CA 91746 | www.willdan.com October 17, 2023
Mr. Andrew Lee E.I.T. submitted via email: [email protected] Assistant Engineer
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Subject: Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis Dear Mr. Lee:
Willdan Engineering (Willdan) is uniquely qualified to provide engineering services to the City of Cathedral City (City).
Our firm has over 59 years of experience providing similar services to district, cities, and counties throughout California.
Our extensive experience with a variety of street improvements, water infrastructure and master plans, sewer master plan, and assessment district projects makes us particularly strong as a partner on this important endeavor.
Project Understanding
The assessment district formation phase 2 is understood to cover the Desert Water Agency Service Area, including the following areas outlined in the provided parcel maps for the Sarah Street area:
▪ Crossley Road and Sarah Street (Commercial and Light Industrial) ▪ Lakeview Villas Condos (Fully Developed Residential on Septic) ▪ The unimproved Agua Caliente Trail area (Outpost Business Park; Unimproved Commercial and Light Industrial) ▪ The Bochner Family property (Unimproved Commercial and Light Industrial) The City has received interest from the residents of the above locations for further discussion to install street improvements including roadway paving and sidewalk, water, sewer, electricity, gas and telecom . Per the provided staff report, the Lakeview Villas Condos are currently connected to septic and have applied for CWSRF Grant funding for the conversion of septic to sewer. The unimproved areas will include preliminary street improvement layout with roads and sidewalks, and all areas will include preliminary wet and dry utility layout. The remaining areas are zoned for commercial and light industrial and do not qualify for the grant.
The City intends to host a community meeting to discuss the feasibility of the proposed improvements , with a preliminary conceptual design with budgetary opinions of probable cost, to enable the community to make an informed decision about the issue. Willdan will assist the City by preparing a preliminary presentation to discuss the process to form an Assessment District.
Scope of Work
Task 1 – Project Management and Meetings
Willdan will conduct all tasks necessary to complete the project, including day-to-day project management, meetings, project communication, project scheduling and tracking, invoicing, and overall administration of the project. Willdan utilizes a project management process to ensure a successful project, one which yield results that match clients expectations; project management is expected to include, but not be limited to:
a. Schedule project kick-off meeting to include City staff b. Communicate often with City staff throughout various submittal stages c. Prepare and distribute meeting agendas and minutes for all project meetings d. 3 Virtual Meetings with City Staff Assumed for this project
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Attachment: PSA- Willdan Engineering - Sarah Rd AD - Phase 2A- (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Mr. Andrew Lee E.I.T, Assistant Engineer
City of Cathedral City
Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis October 17, 2023| Page 2
Task 2 – Utility Coordination and Research
Utility research to determine possible conflicts with underground utilities. Available as-builts will be collected for the existing street, sewer, and water improvements. Existing sewer and water as-builts will be used for invert elevations.
Willdan will a lso coordinate with dry utility companies to determine the installation costs for the proposed improvements. Willdan will coordinate with the Desert Water Agency to determine potential connection fees and current sewer capacities at the mainline.
Deliverables
✓ PDF of GIS Sewer Exhibit
Task 3 – Preliminary Exhibit Preparation
Willdan will prepare a preliminary sewer exhibit utilizing the latest version of ARCGIS and/or AutoCAD Civil 3D. The exhibit will be based on available GIS mapping and will utilize Google Earth and /or 20’ contours to establish preliminary site topography. Willdan will prepare preliminary base mapping including street right s-of-way, parcel lines, and easements base d upon tract maps, parcel maps, and assessor parcel maps. Topographic survey is not included in this proposal but can be added under a separate scope and fee negotiated with the City. For a more accurate opinion of probable cost it is recommended that an aerial survey be performed (see Optional Task 9).
An alignment of the streets and wet and dry utilities will be set based on the available map data at 100 -scale topography. If necessary, an alternate alignment will be shown to exemplify all available options. Willdan will utilize available City and County GIS data to establish the Point of Connection to the existing sewer main. To properly set up the alignment, a preliminary pump vs. gravity analysis will be conducted to determine whether a pump station will be required to adequately serve the sewer needs , if required . The pump analysis will be based on the 20’ contours. Pump calculations are not included in this proposal. Geotechnical analysis and potholing of existing utilities is also not included in this proposal.
Deliverables
✓ PDF of CAD/GIS Sewer Exhibit
Task 4 – Preliminary Water/Sewer Memorandum
A preliminary water/sewer memorandum will be prepared to ensure adequate capacity of the proposed facilities.
Capacity at the mainline will be confirmed and utilized within the report. Sewer and water flows will be calculated for the area based on available land use. No calculations or modeling for dry utilities are included in this proposal. A full sewer and water study is not included in the phase 2 analysis. The memo will be used to provide preliminary sizing of the water and sewer pipelines.
Deliverables
✓ PDF of GIS Sewer Exhibit
Task 5 – Budgetary Engineer’s Opinion of Probable Cost
Willdan will prepare a Budgetary Opinion of Probable Cost (OPC) utilizing the latest version of Microsoft Excel. The estimate will be based on recent bid data seen for similar projects within proximity of the site. This “ ballpark” estimate will be preliminary based on the minimal data available prior to any field investigation and is to be utilized for discussion purposes only.
Willdan Financial Services will also establish an appropriate draft assessment methodology for the apportionment of costs. The method of apportioning costs, to the extent possible, will utilize a methodology concept and structure that is consistent with those utilized by other public agencies for similar assessments, and which follows the provisions of the California Constitution and notable court decisions regarding assessments.
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Attachment: PSA- Willdan Engineering - Sarah Rd AD - Phase 2A- (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Mr. Andrew Lee E.I.T, Assistant Engineer
City of Cathedral City
Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis October 17, 2023| Page 3
To the extent there are general benefits identified, it is possible that the proposed assessments may not be able to fund 100 percent of the improvements.
The preliminary assessment methodology will be used to estimate the total and annual assessment burden for each property within the proposed District.
Deliverables
✓ PDF of Budgetary Engineer’s Opinion of Probable Cost Task 6 – Presentation Preparation
Willdan will produce a PowerPoint presentation for the community meeting. The presentation will assist in educating the community with the process of installing the proposed improvements. Exhibits and data tables will be prepared to exemplify preliminary design alternatives and cost estimates. Sewer and water needs will be assessed via land use.
Any additional information the City has to assist in the analysis should be provided to Willdan. Upon completion of the presentation, it will be submitted to the City for review and comment prior to the community meeting. Please note that a formal study has not been conducted yet and is not to be prepared at this time. The purpose of this presentation is to present preliminary findings to assist the process in the creation of a Sewer Assessment District.
Task 7 – Community Meeting
Willdan will attend one (1) community meeting; the date and time will be coordinated with City staff. Willdan will present the PowerPoint presentation and develop exhibit panels showing what costs are paid by the District and which improvements are the responsibility of the property owner. Additionally , exhibits will be prepared showing specific construction techniques with photographs showing construct ion impacts of the proposed improvements.
This will be presented to the community in collaboration with City staff. Willdan will field a question and answer portion during the presentation and remain in attendance to assist throughout the duration of the meeting. Community Meeting
✓ Attend Community Meeting
✓ Present PowerPoint Presentation
Optional Task 8 – Prepare Newsletter and Ballot
If the City elects to include this optional task, Willdan will prepare a newsletter summarizing the details discussed in the Community Meeting to outline the process and cost for formation of the Assessment District. Willdan will also prepare a survey postcard to be included within the newsletter, this will allow residents to vote whether they are in favor or not in favor of the project, based on the available preliminary data and costs presented within the newsletter.
These items will be provided to the City in PDF format; the City can then mail this to all neighborhood residents. This will provide the City with information on how many residents are interested and allow an informed decision on whether there is enough interest to proceed with a preliminary sewer report and Engineer’s Report to form the Assessment District. The preliminary sewer report and formation services are not included in this proposal but can be provided under a separate scope and fee.
Deliverables
✓ Sewer Notice Newsletter
✓ Postcard Survey
✓ Survey Tabulations
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Attachment: PSA- Willdan Engineering - Sarah Rd AD - Phase 2A- (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Mr. Andrew Lee E.I.T, Assistant Engineer
City of Cathedral City
Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis October 17, 2023| Page 4
Optional Task 9 – Aerial Survey and Mapping
As an option for the City, we have included a cost for aerial surveying and mapping of the area. It is recommended that an aerial survey be performed in order to provide more accurate costs to ensure the sewer and streets have the proper slope. This will give us a more accurate opinion of probable cost and will be available for the future design.
Due to the preliminary nature and uncertainty of assessment district voting we included this as optional to minimize up-front costs prior to the vote. Approximately 73 acres will be mapped by aerial methods.
The area will be mapped at 1 -foot contour intervals and plotted at 100 -scale for the study portion of the project.
Surveying activities will set aerial control points, GPS ties to bench marks, aerial control points, and found monuments. Aerial mapping activities include flying the site and providing compilation and CAD services. Deliverables
✓ PDF and CAD files of Survey Base mapping
Project Disclaimer
The City of Cathedral City further represents, acknowledges, and agrees that:
(i) the City uses the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission (“SEC”) to advise it in connection with municipal financial products and the is suance of municipal securities;
(ii) the City is not looking to Willdan to provide, and the City shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues); (iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and t he rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cash- flow analyses, feasibility studies and/or other analyses Willdan may provide the City with re spect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City , in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shal l it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securit ies issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the pa rties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.
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B-2
EXHIBIT "B"
COMPENSATION
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Attachment: PSA- Willdan Engineering - Sarah Rd AD - Phase 2A- (4002 : Sarah Street Area Assessment District Formation Project - Phase 2A Mr. Andrew Lee E.I.T, Assistant Engineer
City of Cathedral City
Proposal for Combined Sarah Street Area Assessment District Preliminary Analysis October 17, 2023| Page 5
Exclusions
The following items are not included within this proposal but can be added for a separate scope and fee negotiated with the City:
▪ Final Design Plans and PS&E.
▪ Field Topographic Survey
▪ Environmental Documentation and Permitting
▪ Geotechnical Investigation and Potholing
▪ Development of Legal Plats and R/W Documents
Schedule
Outlined below is Willdan's proposed project schedule for completing the above-described scope of work. Schedule begins upon receipt of notice to proceed (NTP).
Task Duration Timeframe (From NTP)
Kick-Off Meeting 2 Weeks 2 Weeks
Utility Coordination and Research 1 Week 3 Week
Prepare Preliminary Water/Sewer Report 4 Weeks 7 Weeks
Prepare Exhibit and Budgetary Opinion of Probable Cost 3 Weeks 10 Weeks City Review, Meeting and Comments 2 Weeks 12 Weeks
Presentation Preparation 1 Week 13 Weeks
City Review, Meeting and Comments 1 Week 14 Weeks
Community Meeting Date TBD
Fee
Our proposed time -and-materials – not-to-exceed fee for the base scope of work identified above is $49,300.
Optional Tasks 8 & 9 can be added for $ 2,463 & $40,611 respectively, for a total, inclusive of the optional tasks , of $92,374.
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EXHIBIT "C"
INSURANCE
A. Insurance Coverages . Service Provider shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property whic h may arise from or in connection with the performance of the Services by Service Provider, its agents, representatives or employees. Service Provider shall procure and maintain the following scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Service Provider and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Ve hicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. C overage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation insurance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Service Provider shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreement, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollar s
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$1,000,000 per occurrence. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Service Provider’s services or the termination of this Agreement. During this additional three (3) year period, Service Provider shall annually and upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages.
a. City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
b. Service Provider’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.
c. Service Provider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Service Provider furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Service Provider shall furnish certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Service Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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Staff Report
City Council
Item No. 7.B
Meeting Date: November 29, 2023
From: Anne Ambrose, Assistant City Manager
Title: Approval of PAC Funding Request for Youth Training Orchestras' Chamber Concert Series
City Council
RECOMMENDATION:
The Public Arts Commission recommends that the City Council approve the use of Public Arts Education funds for the Youth Training Orchestras' Chamber Concert Series in the amount of $10,000.
BACKGROUND:
Staff received an email from Mr. Nunzio Sisto, of the Coachella Valley Youth Training Orchestras’ (YTO) organization, a local 501 (c)3. Mr. Sisto is a composer/writer. His compositions include piano works, chamber music, chamber musicals and large symphonic works with an emphasis on ballet. His plays include modernized Roman comedies and original works. The Youth Training Orchestras of America was formed in 2017 by Mr. Sisto as a 501 (c)3 organization to create a youth orchestra method so every town in American may offer a social music experience. Information about the YTO programs is available at https://www.ytooa.org/.
Mr. Sisto made a funding request to the Public Arts Commission to sponsor a chamber music concert series. According to Mr. Sisto, last year they presented a concert series at the Palm Springs Cultural Center under the name CV Philharmonic Society, which included the three -day Modern Plus piano festival. They are desiring to move this concert series to the Mary Pickford Theater this year to provide an opportunity for the public to attend musical performances in downtown Cathedral City. The Mary Pickford also provides an ideal facility for these performances. Their desire is to build a series of 12 concerts annually. Information regarding their prior chamber series can be found at https://www.nunzioasisto.com/chamber-music.
YTO’s primary fund raising to support the series is through the sale of subscriptions.
Subscribers pay monthly (or annual) subscriptions which cover tickets for one concert a month, plus some other bonus concerts. Public ticket sales also contribute to covering the costs of the series. According to Mr. Sisto, the Mary Pickford Theater is open to taking discounted payments for the first few concerts to support the series growing and
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then will negotiate a percentage after costs for their fees. YTO handles the lights and production; as these are acoustic concerts, there is no sound needed. Each concert also includes a short slide presentation and educational lecture.
DISCUSSION:
The request is for $10,000 to sponsor the first five concerts in the series. Mr. Sisto indicated the YTO would charge a ticket price for the concerts, with prices being $42.00, $35.00 and $30.00 depending on how close the seating was to the performers. Mr.
Sisto offered to provide 10-20 free seats to the City, as long as the PAC could develop a plan to get them filled. Dates for the performances have not been confirmed yet, but YTO is looking at the first Sundays of the month at 1:00pm with a target start time of February 2024.
Section 11.45.020 of the Cathedral City Municipal Code defines activities that qualify as art education. Per the Municipal Code:
“Art education” means the public service of providing activities or experiences (“activities”) for the purpose of expanding the awareness, knowledge, understanding, appreciation, or familiarity of members of the public with art in all of its forms. An activity qualifying for expenditure for art education funds must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the time, date, and description of the activity has been advertised via the city’s website and social media for at least one week prior to the activity, and either the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited, the activity may be provided for only a limited time, and a charge may be imposed for participation in the activity. Activities may be held in the facilities of public entities, non -profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class.
The Public Arts Commission (PAC) considered this request at their November 14, 2023 meeting. Mr. Sisto made a presentation and answered questions from the Commission.
Mr. Sisto’s desire is to seek one -time financial assistance from the PAC to kick start the concert series as they develop the subscriptions which will provide ongoing funding.
Mr. Sisto also shared information on other projects he is working on with the Mary Pickford Theater, including off -Broadway plays, including performances in Spanish.
The Commission voted in support of the funding request by a vote of 4 -0 with Commissioner Mojica absent.
FISCAL IMPACT:
The Art in Public Places Fund would be utilized to support this request. The PAC has the discretion to program up to 30% of total funds available for arts education. There is currently $69,787.41 available. If the item is approved by the City Council, there will be
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$59,787.41 remaining.
FIVE-YEAR STRATEGIC PLAN:
Goal F: Embracing, Inclusive Community
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options and vibrant businesses. Our neighborhoods are attractive, well -maintained, and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated and collaborative programs.
Action F -12: Continue to facilitate the attraction and promotion of community events which celebrate our diversity, builds a cohesive community, and supports local businesses.
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Staff Report
City Council
Item No. 7.C
Meeting Date: November 29, 2023
From: Andrew Firestine, Development Services Director
Title: Pet Boarding Zoning Text Amendment
RECOMMENDATION:
This item is presented for information, discussion, and direction only.
BACKGROUND:
Recently, the City received an inquiry from a Cathedral City doggie daycare and overnight boarding business concerning a relocation of their business to a property zoned Planned Community Commercial (PCC). The business is currently operating in Cathedral City on Perez Road in an Industrial (I-1) zoning district.
While the PCC zoning district permits animal clinics, which are defined in the code as those businesses where animals or pets are given medical or surgical treatment and where short-term boarding is allowed where it is incidental to the use, dog kennels are a prohibited use. Dog kennels are defined separately from animal clinics to specifically mean:
“Dog kennels” means any lot or premises on which five or more dogs over four months of age are kept or maintained for any purpose or reason.
1. “Commercial dog kennels” means any building, structure, enclosure, or premises whereupon, or within which, five or more dogs are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
2. “Noncommercial dog kennels” means any building, structure, enclosure, or premises whereupon, or within which, five or more dogs over four months of age are kept or maintained, but not primarily for financial profit.
The I-1 zoning district allows kennel land uses as a conditional use. Otherwise, the use is prohibited in all other zoning districts, including the PCC zoning district.
The effect of this is that kennels, including doggie daycare businesses, are largely restricted to those industrial zoned properties located off Perez Road north of the wash between Date Palm Drive and the auto dealerships. The use also requires a discretionary conditional use permit in the I-1 zoning district.
DISCUSSION:
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In recent years, doggie daycare and overnight boarding uses have emerged stemming from rapid growth in the pet care industry and increased consumer demand for pet services. These uses are distinct from kennels that operated previously in more agricultural or industrial areas through a higher design aesthetic and more boutique and luxury services for both pets and pet owners. It is increasingly common to see doggie daycare land uses located in commercial areas and business parks, both in proximity to where their clients live or work. There are multiple national franchises that demonstrate many of these characteristics, including:
• Camp Bow Wow - https://www.campbowwow.com/
o Location in Centennial, CO is in a commercial zoning district adjacent to a Walmart
o Location in Greenwood Village, CO is located within the Denver Tech Center, a major employment center
• Dogtopia - https://www.dogtopia.com/
o Location in Colorado Springs, CO is located within a shopping center anchored by a Home Depot
o Location in Cary, NC is located within an inline shopping center o Location in Overland Park, KS is located within the Corbin Park Retail Village, a mixed -use development with retail, department stores, grocery, and residential
• Houndstown USA - https://houndstownusa.com/
o Location in Avondale, AZ is located within an inline retail shopping center Centennial, CO is a noteworthy case in the sense that the use is a limited use within their commercial zoning district, meaning that it is a permitted use when specific criteria are met. Those criteria are:
1. For kennels that are more than 300 feet from property that is zoned or used for residential purposes:
a. There are no outdoor dog runs on parcels that are less than one acre in area.
b. Dog runs will be used only during daylight hours.
c. Fences that enclose dog runs are not less than six feet in height, nor higher than the maximum permitted fence height for the underlying zone district.
2. For kennels that are within 300 feet of property that is zoned or used for residential purposes:
a. There are no outdoor dog runs; and
b. The building is soundproofed such that no noise generated by the use is perceptible from the property line.
The primary concerns in Centennial were the proximity of the use to a residential area and the location of any dog runs, both of which were addressed in their zoning code.
In addition to these national examples, there are several local businesses within the Coachella Valley:
• Barkingham Pet Hotel - https://www.pethotelcalifornia.com/ o On Dinah Shore Drive in Palm Desert, the property is zoned Service Industrial (SI)
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• The Village Pup - https://www.thevillagepup.net/
o Location in Palm Desert is zoned Service Industrial (SI) o Location in La Quinta is zoned Village Commercial (VC) • Doggie’s Day Out of Palm Springs - https://doggiesdayoutofps.com/ o On Vella Road in Palm Springs, the property is zoned
Service/Manufacturing (M-1)
These local examples identify that La Quinta, Palm Desert, and Palm Springs consider kennels and doggie daycare in a similar way as Cathedral City. The definition of a kennel is similar to Cathedral City’s definition:
• La Quinta
o "Kennel" means any building, structure, enclosure or premises within which five (5) or more dogs are kept or maintained primarily for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
• Palm Desert
o Kennel. Any lot where four or more dogs or cats over the age of four months are kept or maintained. The term “pet boarding” should be used interchangeably with “kennel.”
• Palm Springs
o “Kennel” means any lot or premises on which four (4) or more dogs or cats at least four (4) months of age, are kept, boarded or trained, whether in special buildings or runways or not.
o “Animal Day Care” means a facility where care, recreation, supervision, and/or training is provided for animals for periods of less than twenty -four (24) hours.
Each allows the use, but in more of a business park or industrial zoning district. La Quinta allows kennels as a conditional use in their Commercial Park (CP) and Major Community Facilities (MC) zoning districts. Whereas Cathedral City requires Planning Commission approval of a conditional use permit to establish the use in an I -1 zoning district, Palm Desert requires approval of an administrative use permit by its Zoning Administrator, a process that is meant to streamline the review and approval of uses where some review of the specific impacts of a use is needed but short of a Planning Commission public hearing. Palm Springs permits animal day care as a permitted use in the M-1 zoning district with no discretionary review.
In terms of its options, there are generally three options Cathedral City could consider:
1. Continue to interpret doggie daycare uses as a kennel, a conditional use within the I-1 zoning district, a decision that would generally be consistent with how the use is interpreted in other cities within the Coachella Valley.
2. Modify the use table to remove the conditional use permit requirement from the I - 1 zoning district for a kennel or to create an administrative conditional use permit.
3. Modify the use table to allow a kennel land use as a permitted or conditional use in zone districts other than the I-1, including the PCC zoning district.
With respect to the option to remove the conditional use permit requirement for a kennel in the I-1 zoning district or to create an administrative conditional use permit, staff would suggest this be considered as part of a more comprehensive code amendment as there are other changes that should similarly be evaluated at the same time.
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A decision to direct the modification of the use table to allow a kennel land use in a zone district other than the I-1, such as the PCC, should consider the change affects not only the business that has submitted an inquiry to the City but all similarly zoned properties.
As well, there are potential impacts of a kennel land use, including noise , outdoor dog runs, and pet waste, which may create conflicts with other uses in the same zoning district, such as potential conflict between a doggie daycare and a restaurant or other retail use.
FISCAL IMPACT:
Direction to initiate a zoning text amendment would incur staff time for the preparation of an ordinance, writing staff reports, and presenting it to Planning Commission and City Council.
FIVE-YEAR STRATEGIC PLAN:
Strategic Plan Action F -1: Complete the comprehensive update of the Cathedral City Municipal Code with initial emphasis on Chapter 9 (zoning) and Chapter 5 (business regulations).
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Staff Report
City Council
Item No. 7.D
Meeting Date: November 29, 2023
From: George Crum, Police Chief
Title: Unlawful Possession of Catalytic Converter Ordinance
City Council
RECOMMENDATION:
To introduce and provide first reading by title only to an ordinance adding Chapter 11.78 to Title 11 of the Cathedral City Municipal Code implementing mere possession of a catalytic converter without proof of ownership unlawful.
BACKGROUND:
A catalytic converter is an exhaust emissions control device located underneath automobiles between the exhaust manifold and the muffler. These devices contain precious metal such as platinum, palladium, and rhodium, some of which are valued at several thousand dollars per ounce. The catalytic converter is easily accessible on most vehicles. In 2021, 24 catalytic converters were stolen in Cathedral City. In 2022, 75 catalytic converters were stolen in Cathedral City and in 2023 to date, 36 catalytic converters have been stolen in Cathedral City.
Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified.
While there have been legislative attempts in Sacramento to crack down on catalytic converter thefts, local agencies in California have begun to pass their own ordinances to assist law enforcement in holding these thieves accountable for their crimes. Some of those agencies include the County of Riverside and the cities of Corona, Eastvale, and Palm Springs.
DISCUSSION:
By criminalizing the mere possession of an unattached catalytic converter absent proof
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of ownership or lawful possession, this ordinance would combat this criminal practice by:
achieving deterrence by establishing zero-tolerance for catalytic converter thefts:
• establishing sanctions for possessing stolen catalytic converters; • prohibiting the falsification of information in documents and records used to verify ownership or lawful possession of a catalytic converter; • preventing criminals from profiting from the sale and recycling of stolen catalytic converters;
• providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved; and
• minimizing the fiscal and personnel impact on the City of Cathedral City and the Cathedral City Police Department by reducing the time invested in deterring and investigating catalytic converter thefts.
The proposed ordinance adds a new chapter to the Cathedral City Municipal Code. The ordinance is based on an ordinance that was adopted by the Riverside County Board of Supervisors on September 12, 2023. The proposed ordinance makes it unlawful for any person to possess any catalytic converter that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. Notably, the City is not required to prove the catalytic converter was stolen in order to establish the possession is not a “lawful possession.”
Under the ordinance, “documentation or other proof” could include the following types of documents:
• Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.
• Documentation from an autobody shop or similar business proving that the owner relinquished the catalytic converter to the autobody shop or similar business.
• Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
• Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.
The proposed ordinance also makes it unlawful to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.
A violation of this ordinance will result in criminal penalties, primarily a misdemeanor.
ENVIRONMENTAL ASSESSMENT
The requested City Council action is not subject to the California Environmental Quality Act (CEQA), as it is not a “Project” as defined by CEQA. (CEQA Guidelines Section 15060(c)(3)). A Project means the whole of an action, which has a potential for resulting
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in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the Municipal Code to create a new criminal offense and is exempt as it will not result in direct or reasonably foreseeable indirect physical change in the environment. This action is further exempt from CEQA under the “common sense” exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)).
FISCAL IMPACT:
None
FIVE-YEAR STRATEGIC PLAN:
Goal E: Cathedral City is safe for all who live, work, visit, and play in our community.
ATTACHMENTS:
Cathedral City - DRAFT Catalytic Converter Ordinance (BWS)
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA, ADDING CHAPTER 11.78 TO TITLE 11 OF THE CATHEDRAL CITY MUNICIPAL CODE ESTABLISHING
REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTERS
WHEREAS, in 2021, approximately 1,600 catalytic converters were reportedly stolen in California each month, and California accounted for 37% of all catalytic converter theft claims nationwide; and in 2021, 2022 and 2023, 135 catalytic converters have been stolen in Cathedral City.
WHEREAS, the residents of Riverside County, including the City of Cathedral City (“City”) have experienced rising catalytic converter thefts from automobiles over the past several years; and
WHEREAS, there is currently no City legislation to define and impose penalties regarding catalytic converter thefts absent an identifiable victim who is willing to participate in the prosecution of the theft; and
WHEREAS, there is currently no State or Federal legislation applicable within the City require individuals discovered to be in possession of detached catalytic converters to provide proof to law enforcement as to how they obtained catalytic converters, therefore limiting law enforcement’s ability to protect the public from catalytic converter thefts and seize suspected stolen catalytic converters when no victim is present; and WHEREAS, the legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documents, as specified, that they are the lawful owner of the catalytic converter and requires “core recyclers,” as defined, to keep a detailed written record, including the year, make and model of the car from which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller; and
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City, as a charter city, has broad discretionary power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit such thefts for multiple reasons, including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools, (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns; and (3) legislation requiring a victim in order to prosecute such thefts; and WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
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Attachment: Cathedral City - DRAFT Catalytic Converter Ordinance (BWS) (4008 : Unlawful Possession of Catalytic Converter Ordinance)
WHEREAS, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its residents, their property and their community; and WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and WHEREAS, this ordinance is necessary to provide the City of Cathedral City and the Cathedral City Police Department clear legal authority to better protect the public and deter this criminal activity.
THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:
SECTION 1. RECITALS
The above recitals are true and correct and are hereby incorporated herein by this reference.
SECTION 2. ADDITION OF CHAPTER 11.78 TO TITLE 11 OF THE CATHEDRAL
CITY MUNICIPAL CODE
Chapter 11.78 is added to Title 11 of the Cathedral City Municipal Code to read in its entirety as follows:
“Chapter 11.78 UNLAWFUL POSSESSION OF CATALYTIC CONVERTER
11.78.010 Definitions.
A. "Catalytic converter” means any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.
B. “Documentation or other proof” means written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:
1. Bill of sale from the original owner with photographs.
2. Verifiable documentation from an autobody shop proving the owner relinquished the catalytic converter to the autobody shop.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated.
5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver’s license number of registered vehicle owner.
C. “Lawful possession” means being the lawful owner of the catalytic converter or being in possession of the catalytic converter with the lawful owner’s verifiable written
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consent. It is not required to prove the catalytic converter was stolen to establish unlawful possession.
D. “Enforcement officer” means code enforcement officer or police officer.
11.78.020 Unlawful possession of a catalytic converter prohibited.
A. It shall be unlawful for any person to possess any catalytic converter that is not attached to a vehicle, unless the possessor has documentation or other proof to verify that they are in lawful possession of the catalytic converter.
B. It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation or other proof intended to show valid ownership or possession of a catalytic converter.
9.114.040 Violations and enforcement.
A. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this code.
Each and every catalytic converter unlawfully possessed is a separate violation of this chapter.
B. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment for a term not exceeding six months or both.
C. Nothing in this chapter shall be intended to limit any penalties provided for under state law.”
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Adoption of this ordinance is not subject to CEQA, as it is not a “Project” as defined by CEQA. (CEQA Guidelines Section 15060(c)(3)). A Project means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the Municipal Code to create a new criminal offense and is exempt as it will not result in direct or reasonably foreseeable indirect physica l change in the environment. This action is further exempt from CEQA under the “common sense” exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)).
SECTION 4. SEVERABILITY
If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each chapter, sections, subsections,
7.D.a
Packet Pg. 285
Attachment: Cathedral City - DRAFT Catalytic Converter Ordinance (BWS) (4008 : Unlawful Possession of Catalytic Converter Ordinance)
subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City.
SECTION 6. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
___________________________
Mark Carnevale, Mayor
ATTEST:
____________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
____________________________
Eric S. Vail, City Attorney
7.D.a
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Attachment: Cathedral City - DRAFT Catalytic Converter Ordinance (BWS) (4008 : Unlawful Possession of Catalytic Converter Ordinance)