Cathedral City City Council
December 13, 2023

CITY COUNCIL
AGENDA

Regular Meeting
Wednesday, December 13, 2023
5:30 PM

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

MAYOR
Rita Lamb

CITY COUNCIL MEMBERS

Mayor Pro Tem
Mark Carnevale

Councilmember
Nancy Ross

Councilmember
Raymond Gregory

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

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

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

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

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

1. City Council - Study Session - Nov 29, 2023 3:00 PM

2. City Council - Special Meeting - Nov 29, 2023 5:30 PM C. Unlawful Possession of Catalytic Converter Ordinance Recommendation: To provide seconding reading, by title only, and adopt an ordinance adding Chapter 11.78 to Title 11 of the Cathedral City Municipal Code making the possession of a catalytic converter without proof of ownership unlawful.

D. Council Appointments to Various Local Agencies
Recommendation: To review the list of Local Agency Assignments and ratify the appointments.

E. Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant of 12,279 from the Bureau of Justice Assistance Recommendation: Staff recommends the City Council approve acceptance of the Edward Byrne JAG Grant in the amount of $12,279 from the Bureau of Justice Assistance, and the execution of the attached 2023 Interlocal Agreement.

F. Zoning Ordinance Amendment 23-001 - An Amendment to Chapter 9.114 Accessory Dwelling Units
Recommendation: Provide second reading by title only, and adopt an ordinance amending Chapter 9.114 Accessory Dwelling Units of Title 9 of the Cathedral City Municipal Code.

G. Facilities Scissor Lift and Trailer
Recommendation: To approve the purchase of an Aerial Scissor Lift and Trailer not to exceed $12,000.

H. Riverside County Animal Control Contract Extension
Recommendation: Staff recommends authorization of the agreement for the remainder of the current fiscal year for a part-time contract Cathedral City P a g e 3
for Field and Shelter Animal Services with Riverside County Department of Animal Services.

I. Award of Grant from Firehouse Subs to Cathedral City Fire Dept.

Recommendation: To approve a grant from The Firehouse Subs Public Safety Foundation in the amount of $21,124.62 for the purchase of thermal imaging cameras, batteries, and accessories.

J. Award of FM Global Grant to Cathedral City Fire Dept.

Recommendation: To approve a grant from FM Global in the amount of $3297.00 for the purchase of three Apple iPads to be used by fire department personnel.

K. Authorization of Cooperative Purchase for the Dream Homes Park Restroom/Storage Facility
Recommendation: To authorize the City Manager to execute purchase orders and any other required documents for the purchase and
installation of the Dream Homes Park restroom/storage
facility with Romtec, Inc. in the not to exceed amount of $440,061.52.

L. Senate Bill (SB) 165, Government Code (GC) 50075.1 Fiscal Year (FY) 2022/2023 Report for CFD 2006-1
Recommendation: Receive and File the Annual FY 2022/2023 California Senate Bill (SB) 165, Government Code (GC) Section 50075 Community Facilities District (CFD) 2006-1 Revenues and Expenditures Report
M. Approve the Designation of Applicant’s Agent Resolution for Non-State Agencies authorizing the City Manager, Financial Services Director, and Director of Public Works to execute and provide all forms, agreements, and other assurances as required for federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988.

Recommendation: To approve the Designation of Applicant’s Agent Resolution for Non-State Agencies authorizing the City Manager,
Financial Services Director and Director of Public Works to execute and provide all forms, agreements, and other
assurances as required for federal financial assistance under Public Law 93-288 as amended by the Robert T.

Stafford Disaster Relief and Emergency Assistance Act of 1988.

4. ITEMS PULLED FROM CONSENT

5. PUBLIC HEARINGS
A. Substantial Amendment to the City's CDBG FYs 2019, 2020, 2021, 2022 Annual Action Plans
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Recommendation: To approve a Substantial Amendment to the City’s Community Development Block Grant (CDBG) Fiscal Year
(FY) 2019, FY 2020, FY 2021, and FY 2022 Annual Action
Plans to reprogram unspent CDBG funds to the FY 2023-
2024 CDBG Annual Action Plan for the Public Improvement Project - Via De Anza Sidewalk Project Phase III.

6. LEGISLATIVE ACTIONS
A. ASSEMBLY BILL (AB) 1600 FISCAL YEAR 2022/2023 DEVELOPMENT

IMPACT FEE REPORT
Recommendation: Staff recommends that the City Council approve a resolution accepting the Annual AB 1600 Development Fee Report for the Fiscal Year 2022/2023.

B. Professional Services Contract for Development Services Recommendation: Approve a professional services agreement with Willdan Engineering for building services and Terra Nova Planning and Research, Inc. for planning and environmental services and authorize the City Manager to execute the agreement with Terra Nova Planning and Research and ratify the
agreement with Wildan Engineering.

C. Ordinance of the City Council of the City of Cathedral City Expediting Permitting Process for Electric Vehicle Charging Stations Recommendation: It is recommended that City Council:

1. Introduce and waive further reading of Ordinance
No. ______, an Ordinance of the City Council of the City of Cathedral City adding Chapter 8.64 to Title 8 of the City of Cathedral City Municipal Code to Create an Expedited
Permitting Process for Electric Vehicle Charging Station Systems;

2. Find that adoption of Ordinance No. __ is exempt
from CEQA pursuant to Section 15061(b)(3) of the CEQA
Guidelines; and

3. Adopt the Checklist for Permitting Electric Vehicles and Electric Vehicle Service Equipment (EVSE).

D. Update on Emergency Actions Related to Tropical Storm Hilary Recommendation: Update on Status of Emergency Proclamation, Resolution 2023-33.

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

Possible consideration of additional measures to be taken.

Council may add items not listed on the agenda pursuant to Cathedral City P a g e 5
Government Code section 54954.2 by majority vote.

E. Request to Extend Deadline to Conform to AB 2234
Recommendation: Staff recommends that the City Council approve a resolution extending the deadline to comply with AB 2234 to January 1, 2026.

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

ADJOURN

NOTES TO THE PUBLIC:

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

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

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

CITY COUNCIL

MINUTES

Study Session
Wednesday, November 29, 2023
3:00 PM

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

• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor Rita Lamb. • ROLL CALL
Attendee Name Title Status Arrived
Rita Lamb Mayor Present 3:00 PM
Mark Carnevale Mayor Pro Tem Present 3:00 PM
Nancy Ross Councilmember Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM
Ernesto Gutierrez Councilmember Late 3:05 PM

• AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENT
Andy Jessup, Jessup Auto Plaza, provided an overview of his background as well has his role as the President of the Auto Center's Dealer Association. He thanked Stone James, Economic Development Director, for all his great work. He expressed his support of the College of the Desert's Road Runner Motors program.

2. STUDY SESSION
A. Presentation: College of the Desert Road Runner Motors Campus Update
Recommendation: This is a presentation only. There is no formal action required.

Laura Hope, College of the Desert Interim President, provided an update on College of the Desert 's progress on designing, bidding and building the project.

The following points were presented:

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• Upcoming course offerings
• Bilingual Campaign
• State of the College
• Palm Springs Development Project
• Student Services and Support
• Roadrunner Motors Schematic Designs
• Milestones and Next Steps
• Roadrunner Motor's Proximity to Services

Andy Jessup, Jes sup Auto Plaza, feels there is a disconnect between the auto dealers and College of the Desert regarding the Roadrunner Motors program. He would like meet to learn more and to build an alliance.

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

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

A. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to litigation Pursuant to Government Code Section 54956.9(d)(2)
Number of Matters: Three (3) Matters

The City Council recessed to Closed Session at 3:46 p.m.

The City Council reconvened at 4:55 p.m.

City Attorney Eric Vail announced that the City Council met in Closed Session to discuss item 3A. Conference with Legal Counsel for anticipated litigation, there was no reportable action taken.

4. STUDY SESSION CONTINUED
A. Purchasing Practices and Procedures
Recommendation: This agenda item is for review and discussion only.

Kevin Biersack, Financial Services Director, provided an overview of the City's purchasing practices and procedures. The following points were presented:

• Background- Goal Setting
• Contracts and Purchasing
• Charter Contents
• Contract Types
• Federal Requirements
• What the City has done, needs to do, and where to go from here • Dollar Thresholds' Update

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

ADJOURN
Mayor Rita Lamb adjourned the Study Session meeting at 5:24 p.m.

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

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CITY COUNCIL

MINUTES

Special Meeting
Wednesday, November 29, 2023
5:30 PM

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

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

• AGENDA FINALIZATION
There were no changes to the agenda.
• STATEMENT OF PARTICIPATION BY THE CITY CLERK

1. PUBLIC COMMENT
Jens Mueller, expressed his concern with trash can violations and would like the Council to work together on this issue and make this a priority at the next goal setting meeting.

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JoAnne Kennon, provided an overview of the activities that will be taking place at the upcoming North Pole Village this coming weekend, and invited the Council to attend.

Alan Carvalho, expressed his excitemen t over the International Hot Air Balloon Festival and thanked the leadership of the City in 2014.

Shauna McGloin, expressed her thanks to the City Council and staff for their assistance with the many events that take place throughout the year.

Angel Herrera, thanked the City Council for their attendance at the Fields of Valor event.

2. COUNCIL REPORTS
Councilmember Ernesto Gutierrez reported on the following:

• His attendance at the Coachella Valley Association of Governments Conservation Commission meeting
• His attendance at the Fields of Valor event
• His attendance at the Cathedral City Senior Center’s Annual Fundraiser Gala • His attendance at the POPS Awards Ceremony
• His attendance at the International Hot Air Balloon Festival • The recent Thanksgiving Holiday
• The calls he received related to illegal food vendors, homeless, and speeding tickets • His communications with residents of the Horizon Road neighborhood • His meeting with City Manager McClendon and Assistant City Manager Ambrose to discuss the agenda and other items

Councilmember Nancy Ross thanked the Police Department for the folding of the American Flag in honor of her Father. She discussed the Holidays, weather, opportunities for volunteerism and the beautiful Coachella Valley.

Mayor Pro Tem Mark Carnevale reported on the following:

• Recognized former Councilmembers, Fred Bell, Pattie Hagedorn, Sue Townsley, Alan Carvalho and John Rivera who were in attendance
• His attendance at Fields of Valor event
• His attendance at the Homeless Committee meeting
• His attendance at the POPs Awards Ceremony
• Hi attendance at the CVEP meeting
• His attendance at the International Hot Air Balloon Festival

Councilmember Raymond Gregory reported on the following:

• The last three weeks, which were very busy
• The recent Veterans Day Weekend and all the events, and he thanked all t hose involved
• His attendance at the Equality Awards in Palm Springs • His attendance at the Coachella Valley Association of Governments Safety Committee meeting

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• His attendance at the Cathedral City Senior Center’s Annual Fundraiser Gala • His attendance at the POPS Awards Ceremony
• His attendance at the International Hot Air Balloon Festival • The recent Thanksgiving Holiday
• His attendance at the Brunch with Patsi at Luchador Brewing • His attendance at the Riverside County Transportation Commiss ion Budget and Implementation Committee meeting
• The upcoming Old Gays Book Signing Event
• The upcoming Pancake Breakfast at Fire Station 412
• The upcoming C athedral City Boys and Girls Club’s Annual Extravaganza Fundraiser
• The upcoming Snowfest and Mayor’s Tree Lighting Event

Mayor Rita Lamb reported on the following:

• She thanked city staff, volunteers and the non-profits for everything they do • Her attendance at the Fields of Valor event
• Her attendance at the Salvation Army’s first ever fundraiser event • She recognized Councilmember Ross for her help with the fill the bus Thanksgiving event
• The upcoming Cathedral City Senior Center’s Help Talk about fall prevention • Her interview with Chris Long of KNews
• The recent article in Desert Health magazine
• She watched the memorial service for Rosalind Carter
• She expressed how grateful she is to be a part of the community

3. EMERGENCY UPDATE
A. Update on Emergency Actions Related to Tropical Storm Hilary Recommendation: Update on Status of Emergency Proclamation, Resolution 2023-33.

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

Possible consideration of additional measures to be taken.

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

City Manager Charles McClendon provided an update on emergency actions related to Tropical Storm Hilary. He provided an overview on the status of Emergency Proclamation Resolution 2023 -33, the emergency actions taken by the City, County, State and Federal agencies.

B. Riverside County Flood Control District (RCFCD) and the Coachella Valley Water District (CVWD) Presentation on Tropical Storm Hilary Recommendation: Representatives from the Riverside County Flood Control

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District (RCFCD) and the Coachella Valley Water District (CVWD) will make a presentation to the City Council on the stormwater facts accumulated from the passing through of Tropical Storm Hilary and what is planned to mitigate future stormwater events such as this. This presentation is for the City Council discussion and questions.

Jason Uhley, General Manager, and Claudio Padres, Chief of Design and Construction, of Riverside County Flood Co ntrol District (RCFCD) provided an overview of the following:

• Riverside Flood Control Jurisdictional Area
• Shared Responsibility for Flood Protection
• Rainfall and Water/Debris flow from Tropical Storm Hilary

Jim Barrett, General Manager for Coachella Valley Water District (CVWD), provided an overview of wha t their agency did in response to Tropical Storm Hilary.

David Wilson, Engineering Manager for Coachella Valley Water District (CVWD), provided an overview of the background of CVWD.

• Background of CVWD
• CVWD Stormwater and Flooding History
• CVWD Watersheds
• North Cathedral City Existing Flood Hazards
• North Cathedral City Regional Flood Control Project
• Schedule
• Thousand Palms Existing Flood Hazards
• Thousand Palms/North Indio Stormwater Master Plan

David Lamb, Cathedral City resident, inquired if any of the projects presented are considering saving water for groundwater re -charge, and if not, he feels it should be considered.

Alan Carvalho, Cathedral City resident, thanked the Council for the presentation.

He feels everyone should be responsible and prepared by handling issues before there is a problem.

C. A Resolution of the City Council of the City of Cathedral City Continuing the Proclamation of the Existence of a Local Emergency Due to Tropical Storm Hilary
Recommendation: To approve a Resolution continuing the proclamation of the existence of a local emergency due to Tropical Storm Hilary.

A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carne vale to a pprove a Resolution of the City Council declaring the continued existence of the Local Emergency due to Tropical Storm Hilary.

Reso 2023-37

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RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
D. Acceptance and Distribution of Donation from the Palm Springs Air Museum
Recommendation: Staff recommends the City Council accept the donation of $10,630.80 from the Palm Springs Air Museum and
redistribute the funds equally to Team Rubicon, Salvation Army, World Central Kitchen, the American Red Cross and Find Food Bank. Each organization would receive
$2,126.16.

Anne Ambrose, Assistant City Manager, provided an overview of the recommendation to accept the donation of $10,630.80 from the Palm Springs Air Museum and redi stribute the funds equally to Team Rubicon, Salvation Army, World Central Kitchen, the American Red Cross and FIND Food Bank.

Fred Bell, discussed the assistance that the Palm Springs A ir Museum was able to provide to the Community.

A motion was made by Councilmember Gregory and seconded by Mayor Lamb to accept the donation of $10,630.80 from the Palm Springs Air Museum and redistribute the funds equally to Team Rubicon, Salvation Army, World Central Kitchen, the American Red Cross and FIND Food Bank. Ea ch organization will receive $2,126.16.

M.O. 2023-185
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
The City Council recessed at 7:10 p.m.

The City Council reconvened at 7:18 p.m.

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

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RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
A. Receive and File Payment of Claims and Demands for October 2023 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency, the Cathedral City Public Finance Authority Board, and the Cathedral City Downtown Foundation Board receive and file payment of claims and demands in the aggregate sum of $4,892,065.84 for the
month of October 2023.

M.O. 2023-186
B. Minutes Approval
M.O. 2023-187

1. City Council - Study Session - Nov 8, 2023 3:00 PM

2. City Council - Regular Meeting - Nov 8, 2023 5:30 PM C. Rescind Resolution 2022-42 and Approve Resolution Authorizing the City Manager to Execute Clean Water State Revolving Fund Planning Grant Application and related documents for the City's Septic-to-Sewer Project Planning Grant
Recommendation: To rescind Resolution 2022-42 and approve a Resolution authorizing the City Manager and/or designee to negotiate and execute the necessary Clean Water State Revolving
Fund Planning Grant Applications and related documents
required for the City's Septic-to-Sewer Project Planning Grant.

Reso 2023-38
D. Updated Contract for Services - Conrad Angel Corral
Recommendation: Approve a Contract for Services with Conrad Angel Corral as a media personality and Alan Kraemer as an
accompanying videographer/editor.

M.O. 2023-188
E. 2023-2024 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant
Recommendation: To accept the California Office of Traffic Safety Selective Traffic Enforcement Program Grant in the amount of
$50,000.

M.O. 2023-189
F. Resolution Designating Holidays Cathedral City Public Offices Shall be Closed for Calendar Year 2024

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Recommendation: To adopt a Resolution of the City Council of the City of Cathedral City, California, Designating Holidays on which City Public Offices Shall be Closed for Calendar Year 2024.

Reso 2023-39

5. ITEMS PULLED FROM CONSENT

6. PUBLIC HEARINGS
A. Designation of Agnes Pelton Home and Studio as a Class 1 Historic Site Recommendation: To adopt Resolution No. 2023-XX designating 68680 F Street, also known as the Agnes Pelton Home and Studio, a historic site pursuant to Chapter 8.62 of the Cathedral City Municipal Code.

Andrew Firestine, Director of Development Services, provided an overview of the recommendation that the City Council designate the Agnes Pelton Home and Studio as a Class 1 Historic Site.

Mayor Rita Lamb opened the Public Hearing to receive public comments.

John Rivera, expressed his support of designating the Agnes Pelton Home and Studio as a Class 1 Historic Site.

Alan Carvalho, expressed his support of designating the Agnes Pelton Home and Studio as a Class 1 Historic Site.

Mayor Rita Lamb closed the Public Hearing and returned discussion to the City Council.

A motion was made by Mayor Pro Tem Carnevale and seconded by Councilmember Gregory to adopt a Resolution designating 68680 F Street, also known as the Agnes Pelton Home and Studio, a Class 1 Historic Site pursuant to Chapter 8.62 of the Cathedral City Municipal Code.

Reso 2023-40
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Mayor Pro Tem
SECONDER: Raymond Gregory, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
B. Zoning Ordinance Amendment 23-001 - An Amendment to Chapter 9.114 Accessory Dwelling Units
Recommendation: To introduce an ordinance amending Chapter 9.114 Accessory Dwelling Units of Title 9 of the Cathedral City Municipal Code, provide first reading by title only and waive further reading.

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Sandra Molina, Deputy Director of Development Services, pr ovided an overview of the proposed Zonin g Ordinance Amendment 23 -001 related to Chapter 9.114 Accessory Dwelling Units of the Cathedral City Municipal Code.

Mayor Rita Lamb opened the Public Hearing to receive public comment.

Michael Hagedorn, stated that the City of San Diego has a fantastic program for Accessory Dwelling Units.

Mayor Rita Lamb closed the Public Hearing and returned discussion to the City Council.

A motion was made by Councilmember Gregory and seconded by Mayor Rita Lamb to introduce, waive full reading beyon d title, and provide first reading of an ordinance amen ding Chapter 9.114 Accessory Dwelling Units of Title 9 of the Cathedral City Municipal Code.

M.O. 2023-190
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez

7. LEGISLATIVE ACTIONS
A. Sarah Street Area Assessment District Formation Project - Phase 2A Approval
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.

Mayor Lamb and Councilmember Gr egory recused themselves from the discussion of this item due to financial interests in the area.

A motion was made by Councilmember Gutierrez and seconded by Councilmember Ross 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

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fifteen percent (15%) contingency in the amount of $7,395 for unfore seeable design costs; 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 the project.

M.O. 2023-191
RESULT: APPROVED [3 TO 0]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Mark Carnevale, Nancy Ross, Ernesto Gutierrez
RECUSED: Rita Lamb, Raymond Gregory
B. Approval of PAC Funding Request for Youth Training Orchestras' Chamber Concert Series
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.

After discussion, the City Council expressed their concerns related to the amount of funds requested and how it relates to art education. The Council desires to reevaluate the use of Art Education funds and requested that an item be brought back for further discussion at a future meeting.

A motion was made by Councilmember Grego ry and seconded by Mayor Pro Tem Carnevale to bring this request back to the Public Arts Commission to reevaluate if the request would be an appropriate use of Art Education Funds.

M.O. 2023-192
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
C. Pet Boarding Zoning Text Amendment
Recommendation: This item is presented for information, discussion, and direction only.

After d iscussion, the City Counc il provided their feedback and asked clarifying questions which were responded to by staff.

Charles McClendon, City Manager, indicated that staff will work on an amendment and bring it back to the Council for further discussion and/or consideration at a future meeting.

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

D. Unlawful Possession of Catalytic Converter Ordinance 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.

A motion was made by Councilmember Gutierrez and seconded by Councilmember Gregory to introduce, waive full reading beyond title, and provide first reading of 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.

M.O. 2023-193
RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez

8. CLOSED SESSION

ADJOURN
Mayor Lamb adjourned the meeting at 8:58 p.m.

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

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Staff Report

City Council

Item No. 3.C

Meeting Date: December 13, 2023
From: George Crum, Police Chief
Title: Unlawful Possession of Catalytic Converter Ordinance

City Council

RECOMMENDATION:

To provide seconding reading, by title only, and adopt an ordinance adding Chapter

11.78 to Title 11 of the Cathedral City Municipal Code making the 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.

The introduction and first reading of the Ordinance was held and approved on November 29, 2023, by a unanimous vote of the City Council.

ENVIRONMENTAL ASSESSMENT

The requested City Council action is not subject to the California Environmental Quality

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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 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) (4035 : 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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Attachment: Cathedral City - DRAFT Catalytic Converter Ordinance (BWS) (4035 : Unlawful Possession of Catalytic Converter Ordinance)

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,

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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

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Staff Report

City Council

Item No. 3.D

Meeting Date: December 13, 2023
From: Tracey Hermosillo, City Clerk
Title: Council Appointments to Various Local Agencies

City Council

RECOMMENDATION:

To review the list of Local Agency Assignments and ratify the appointments.

BACKGROUND:

Each year the City Council reviews the list of Local Agency Assignments in the event any changes need to be made due to schedule changes and/or Council changes due to an election. This list includes the following local agencies and other assignments:

Coachella Valley Association of Governments – Executive Committee * Coachella Valley Association of Governments – Conservation Commission Coachella Valley Association of Governments – Energy & Environment Resources Committee
Coachella Valley Association of Governments – Homeless Committee Coachella Valley Association of Governments – Public Safety Committee Coachella Valley Association of Governments – Transportation Committee Coachella Valley Animal Campus
Coachella Valley Economic Partnership (CVEP) *
Coachella Valley Mosquito and Vector Control Board of Trustees Coachella Valley Mountains Conservancy Board
ERICA – Board of Directors
Greater Palm Springs Convention & Visitors Bureau (CVB) * Riverside County Transportation Commission
Southern California Association of Governments (SCAG) – Annual Meeting * SunLine Transit Agency
Palm Springs Unified School District 2x2 Sub-Committee
Tri-Cities (PS, DHS, CC)
Community Assistance Program Sub-Committee
Coachella Valley Water District 2X2 Sub-Committee
Parks and Community Events Commission Liaison
Public Arts Commission Liaison
Historic Preservation Commission Liaison

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Sphere of Influence (Palm Desert) 2X2 Sub-Committee
SB 1383 Recycling Compliance
Coachella Valley Conservation Commission Trails Management Sub-Committee

*indicates the Mayor typically represents the City, however, it is not required.

DISCUSSION:

Attached for your review is a recommended list of assignments. Staff recommends the City Council ratify the assignments . The City Clerk will notify all agencies of the respective appointments.

FISCAL IMPACT:

There is no fiscal impact with this item.

ATTACHMENTS:

Committee Assignments Council - Local Agency (Council 2024)

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City Council
Local Agency Assignments
2024
Committee Meeting Location & Time Representative Alternate Coachella Valley Association of Governments
Executive Committee

Last Monday of each month at 4:30 p.m.
73-710 Fred Waring Drive, Room 119, Palm Desert

$100.00 per meeting
Mark Carnevale* Nancy Ross
Coachella Valley Association of Governments
General Assembly
Last Monday in June at 6:00 p.m.

Location TBD
Entire Council
Coachella Valley Association of Governments
Coachella Valley Conservation Commission

Second Thursday of each month at 10:30 a.m.
73-710 Fred Waring Drive, Room 119, Palm Desert

$75.00 per meeting
Ernesto Gutierrez Rita Lamb
Coachella Valley Association of Governments
Energy & Environment Resources Committee

Second Thursday of each month at noon
73-710 Fred Waring Drive, Room 119, Palm Desert

$75.00 per meeting
Nancy Ross Ernesto Gutierrez
Coachella Valley Association of Governments
Homeless Committee

Third Wednesday of each month at 10:00 a.m.
73-710 Fred Waring Drive, Room 119, Palm Desert

$75.00 per meeting
Raymond Gregory Ernesto Gutierrez
Coachella Valley Association of Governments
Public Safety Committee

Second Monday of each month at 9:00 a.m.
73-710 Fred Waring Drive, Room 119, Palm Desert

$75.00 per meeting
Raymond Gregory Mark Carnevale
Coachella Valley Association of Governments
Transportation Committee

First Monday of each month at 10:00 a.m.
73-710 Fred Waring Drive, Room 119, Palm Desert

$75.00 per meeting
Raymond Gregory Mark Carnevale
Coachella Valley Animal Campus

First Thursday of every three months at 9:30 a.m.

Coachella Valley Animal Campus
72-050 Pet Land Place, Thousand Palms
Rita Lamb Ernesto Gutierrez
Coachella Valley Economic Partnership (CVEP)

Third Wednesday of each month at 8:00 a.m. – Location
Changes each month
(Dark in August and December)
Mark Carnevale* Ernesto Gutierrez
Coachella Valley Mosquito & Vector Control
Board of Trustees
760 342-8287 (700 Form)
Second Tuesday of each month at 6:00 p.m.
43-420 Trader Place, Administration Building
Indio, CA 92201

$100.00 per meeting
Nancy Ross
2 Year Term
Expires 12-31-2024
No Alternate

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Attachment: Committee Assignments Council - Local Agency (Council 2024) (4023 : Council Coachella Valley Mountains Conservancy Board

Second Monday of every other month at 3:00 p.m.
73-710 Fred Waring Drive, Room 115, Palm Desert

January 10 , March 14, May 9 July 1 1, September 1 2,
November 14
$75.00 per meeting
Rita Lamb Nancy Ross
Eastern Riverside County Interoperable Communications
Authority (ERICA) – Board of Directors

Usually April & October and as needed: Dates TBD
Study Session Room at City Hall or TBD

April 8, 2021
October 14, 2021
Raymond Gregory Mark Carnevale
Greater Palm Springs Convention & Visitors Bureau (CVB)

Fourth Friday at 8:00 a.m.
70100 Highway 111 Rancho Mirage
Mark Carnevale* Nancy Ross
League of California Cities
Riverside County Division General Membership Meeting
Second Monday of every other month generally begins at
5:30 p.m. Location Changes each meeting.

Entire Council and Staff
Riverside County Transportation Commission

Second Wednesday of each month at 9:30 a.m.
4080 Lemon Street, Riverside

$100.00 per meeting, not to exceed $400.00 per month
Raymond Gregory Mark Carnevale
Southern California Association of Governments (SCAG) Mark Carnevale* Nancy Ross SunLine Transit

Fourth Wednesday of each month at noon
32505 Harry Oliver Trail, Thousand Palms

$25.00 per meeting
Nancy Ross Raymond Gregory
Committee Meeting Location & Time Representatives
Palm Springs Unified School District 2X2 Sub-Committee Quarterly City Hall, Upstairs Conference Room
Ernesto Gutierrez Rita Lamb
Tri-Cities 2x2 (PS, DHS, CC) Quarterly – Location rotates Ernesto Gutierrez Rita Lamb Community Assistance Program Once per year to review Community Assistance Program Applications and make recommendations of funding
approval to Council.

Mark Carnevale Raymond Gregory
Coachella Valley Water District 2X2 Sub-Committee Twice per year to discuss matters of mutual interest. Mark Carnevale Ernesto Gutierrez Parks and Community Events Liaison Every Other Month Raymond Gregory Ernesto Gutierrez Public Arts Commission Liaison As Needed Mark Carnevale Rita Lamb Historic Preservation Commission Liaison As Needed Mark Carnevale Nancy Ross Coachella Valley Conservation Commission Trails
Management Sub-Committee
Third Wednesday of every other month, September through May at 1:30 p.m.

Gary Marshall Nancy Ross
SB 1383 Recycling Compliance As Scheduled Mark Carnevale Nancy Ross Sphere of Influence (Palm Desert) 2X2 Sub-Committee As Scheduled Rita Lamb Mark Carnevale *Mayor Represents 12/2023

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Attachment: Committee Assignments Council - Local Agency (Council 2024) (4023 : Council

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Staff Report

City Council

Item No. 3.E

Meeting Date: December 13, 2023
From: George Crum, Police Chief
Title: Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant of 12,279 from the Bureau of Justice Assistance

City Council

RECOMMENDATION:

Staff recommends the City Council approve acceptance of the Edward Byrne JAG Grant in the amount of $12,279 from the Bureau of Justice Assistance, and the execution of the attached 2023 Interlocal Agreement.

BACKGROUND:

The Cathedral City Police Department has been eligible and has applied for the Edward Byrne Memorial Assistance Grant program for several years. This year, as in past years, several Riverside County law enforcement agencies were identified as “disparate funding” agencies. This disparate allocation occurs when a city is allocated one and one-half times (150 percent) more than the county, which the county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality’s Part 1 violent crimes. A disparate allocation also occurs when multiple cities are collectively allocated four times (400 percent) more than the county, and the county bears more than 50 percent of the collective costs associated with prosecution or incarceration of each municipality’s Part 1 crimes. Cathedral City has been identified as a disparate agency for this year.

The total funding identified for Riverside County is $547,705.00. Riverside County Sheriff’s Department will receive $75,022.00 and the remaining 15 municipalities will receive $472,688.00. The $547,705.00 is the amount for Riverside County and the participating cities with the county. This formula explains why Cathedral City and the 15 other agencies in Riverside County were identified as disparate funding agencies. The jurisdictions certified as disparate must identify a Fiscal Agent who will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purpose for which the funds will be used. The cities and county agreed that the County of Riverside (Sheriff’s Dept) would be the Fiscal Agent for 2023.

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Riverside County has created an Interlocal Agreement for the 15 cities and the joint application for the disparate agencies.

The identified funds for Cathedral City are: $12,279.00 less 10% ($1,228) to the County Sheriff’s Dept. for their role as Fiscal Agent and for managing the application process.

The remaining balance of $11,051.00 is awarded to Cathedral City.

DISCUSSION:

The Cathedral City Police Department will purchase the following equipment with the 2023 Edward Byrne Memorial Justice Assistance Grant Program (JAG) funding allotment:

Three Taser 7 Certification Bundles at a cost of cost of $3,724.60 per unit. The package includes the battery pack for each unit, holsters for deployment by officers, licenses for evidence submission and extended warranty for the unit and battery packs. The total price of the three units with supporting software and equipment is a total of $11,963.15.

**All items listed include the sales tax and handling in the price

The Cathedral City Police Department is allotted 52 sworn officer positions and currently staffed at 51 sworn. The police department continues to work diligently to add personnel by focusing on hiring qualified candidates to fill openings and continue to provide quality services to our residents. In hiring additional police officers to backfill open positions, the department is required to equip officers with less-lethal equipment to safely carry out their duties. The department has budgeted for essential equipment; however, it does not cover every piece of essential equipment needed. During the past couple of years, the law enforcement profession has been faced with increased scrutiny over existing policing practices. The scrutiny has led to significant changes in state laws that have changed many methods of policing. One of the major changes has been a move toward accountability, specifically in force options. The mandated changes are leading to equipping officers with more less than lethal options to assist in better serving our communities, protecting our officers, and citizens from serious injury during those unfortunate events where force is necessary to effect an arrest. In the interest of transparency during the times the equipment is deployed, cataloguing the use of, and documenting the details of the use, are equally important in maintaining our community’s trust. As stated, the department does budget for these types of items; however, they are expensive to purchase as technological changes make the items that much more expensive. The funding provided by the JAG Grant would greatly benefit our organization by directly impacting our community and officers in bridging the gap to purchase much needed equipment.

FISCAL IMPACT:

The grant funding will allow for a revenue resource to purchase the identified equipment in the amount of $11,051.00.

FIVE-YEAR STRATEGIC PLAN:

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GOAL E: SAFETY Cathedral City is safe for all who live, work, visit and play in our community.

ATTACHMENTS:

JAG23 Interlocal Agreement_Cities_FE 11.7.23
Axon Taser 7 Bundle

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG)

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG)

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG)

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF BANNING, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF BEAUMONT, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF CATHEDRAL CITY, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 8

CITY OF COACHELLA, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF CORONA, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF DESERT HOT SPRINGS, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF HEMET, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF INDIO, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF JURUPA VALLEY, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF LAKE ELSINORE, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF MENIFEE, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

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CITY OF MORENO VALLEY, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 17

CITY OF PALM SPRINGS, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 18

CITY OF PERRIS, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 19

CITY OF RIVERSIDE, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) WHEREFORE, all parties freely and voluntarily agree to all of the above terms.

MOU 2023 Justice Assistance Grant Page | 20

CITY OF TEMECULA, CA

City Manager

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

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Attachment: JAG23 Interlocal Agreement_Cities_FE 11.7.23 (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG)

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Attachment: Axon Taser 7 Bundle (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant)

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Attachment: Axon Taser 7 Bundle (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant)

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Attachment: Axon Taser 7 Bundle (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant)

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Attachment: Axon Taser 7 Bundle (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant)

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Attachment: Axon Taser 7 Bundle (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant)

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Attachment: Axon Taser 7 Bundle (4022 : Acceptance of the 2023 Edward Byrne Memorial Justice Assistance (JAG) Grant)

Cathedral City Page 1 of 1 Printed on 12/26/2023

Staff Report

City Council

Item No. 3.F

Meeting Date: December 13, 2023
From: Andrew Firestine, Development Services Director
Title: Zoning Ordinance Amendment 23 -001 - An Amendment to Chapter 9.114 Accessory Dwelling Units

City Council

RECOMMENDATION:

Provide second reading by title only, and adopt an ordinance amending Chapter 9.114 Accessory Dwelling Units of Title 9 of the Cathedral City Municipal Code.

BACKGROUND/DISCUSSION:

Attached for adoption is an ordinance amending chapter 9.114 Accessory Dwelling Units in accordance with recent state legislation governing ADUs.

On November 29, 2023, the City Council the City Council conducted a public hearing and moved to introduce the proposed ordinance, attached to this agenda report, with no revisions.

FISCAL IMPACT:

Other than standard staff costs associated with preparation of the ordinance and associated reports, no adverse fiscal impact will occur.

ATTACHMENTS:

Ordinance Amending Ch. 9.114 ADU

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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CALIFORNIA, AMENDING CHAPTER 9.114 OF TITLE 9 OF THE CATHEDRAL

CITY MUNICIPAL CODE AND FINDING THAT THE ORDINANCE IS EXEMPT

FROM CEQA REVIEW PURSUANT TO CALIFORNIA PUBLIC RESOURCES CODE SECTION 21080.17 AND CEQA GUIDELINE 15061(b)(3)
WHEREAS, Title 9 (Planning and Development) of the City of Cathedral City’s Municipal Code (“Planning and Zoning Code”) provides for the organized, predictable, and efficient development of land within the City; and

WHEREAS, the Planning and Zoning Code establishes land use districts throughout the City and regulates the development of land in each district, including construction of accessory dwelling units; and WHEREAS, California state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADU”) and junior accessory dwelling units (“JADU”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that has amended Government Code Sections 65852.2 and 65852.22 to impose limits on local authority to regulate ADUs and JADUs; and
WHEREAS, Senate Bill 897 (SB 897) and Assembly Bill (AB 2221) were signed by the Governor on September 28, 2022, and became effective January 1, 2023 imposing additional regulations for ADUs and JADUs; and WHEREAS, Senate Bill 976 (SB 976) was signed by the Governor on October 11, 2023 becoming effective January 1, 2024 prohibiting a local agency from imposing an owner-occupancy requirement to any ADU; and WHEREAS, the City Council desires to amend Chapter 9.114 of the Cathedral City Municipal Code to ensure consistency with state law.

THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:

SECTION 1. AMENDMENT OF CHAPTER 9.114 OF THE CITY OF

CATHEDRAL CITY MUNICIPAL CODE
Chapter 9.114 of the City of Cathedral City Municipal Code is amended in its entirety to read as shown on Exhibit “A” attached hereto.

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City Council finds that:
(a) Pursuant to California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of the proposed zoning ordinance by a city implementing the provisions of Government Code section 65852.2.

(b) Pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations, the “common sense exemption” of CEQA Guidelines which states that a “project is exempt from CEQA if: [t]he activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
SECTION 3. 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, 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 4. 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 entere d in the Book of Ordinances of this City.

SECTION 5. 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:

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

ABSENT:

___________________________
Rita Lamb, Mayor
ATTEST:

____________________________
Tracey Hermosillo, City Clerk

APPROVED AS TO FORM:
____________________________
Eric S. Vail, City Attorney

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

EXHIBIT A

Chapter 9.114 ACCESSORY DWELLING UNITS

9.114.020 Definitions.
“Accessory dwelling unit” or “ADU” means an attached or detached residential dwelling unit that is no less than one hundred fifty square feet, provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the one - family or multiple-family dwelling is or will be situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2. A manufactured home, as defined by Section 18007 of the California Health and Safety Code.
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
“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.
“Cooking appliance” means any appliance capable of cooking food, including a range, stove, oven, or microwave, but not including a toaster or electric kettle. “Cooking,” “cooking facility” or “cooking facilities” means an area containing at minimum a refrigeration appliance, a kitchen sink, and cooking appliance each having a clear working space of not less than thirty inches. “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.
“Junior accessory dwelling unit” or “JADU” means an ADU that is no less than one hundred fifty square feet and no more than five hundred square feet in size and contained entirely within a one -family dwelling. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure, and includes an efficiency kitchen.

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. “Owner” means the property owner on the latest equalized property tax assessment roll.
“Primary dwelling” or “primary residence” means an existing one -family dwelling, the larger of two proposed dwellings, or a multiple-family structure. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
“Sanitation” or “sanitation facilities” means a toilet, sink and bathtub or shower. “Sleeping” means an area dedicated to sleeping that meets the building code requirements for habitability.
“Tandem parking” means a parking design in which two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

9.114.030 Administration.

A. Accessory dwelling units shall be permitted through issuance of a building permit. No ADU shall be constructed without first applying for and obtaining a building permit from the city. Applications for an accessory dwelling unit building permit shall be accompanied by the appropriate fee established by resolution of the city council.

B. A building permit application for an accessory dwelling unit shall be acted upon by the building official ministerially without discretionary review or a public hearing.

The building permit application shall be acted upon within sixty days from receip t of a completed application if there is an existing single -family or multiple -family dwelling on the lot. If the applicant requests a delay, the sixty-day time period shall be tolled for the period of the delay. If the building permit for an ADU is submit ted in conjunction with a permit application to create a new single -family dwelling on the lot, the building permit shall be acted upon concurrently with the permit application to create the new single-family dwelling.

C. 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.

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

D. The city shall not require the correction of any nonconforming zoning condition as a condition of approval for an accessory dwelling unit. For the purposes of this provision, a nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

E. Building permits issued in compliance with this section shall expire and become null and void twelve months after building permit issuance unless construction work authorized by the permit has commenced or an extension of the permit has been granted t hrough the building department pursuant to Health and Safety Code Section 18938.6.

F. The city shall not impose any impact fee upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

9.114.040 Approval.

A. The city shall approve an application for a building permit for an accessory dwelling unit that meets the objective standards set forth in this chapter in any zoning district where one -family or multiple -family residential uses are permitted by right or with a conditional use permit.

B. An accessory dwelling unit that does not conform to the objective standards set forth in this chapter may be allowed by the city with a conditional use permit in accordance with the other provisions of this title.

C. If the City denies an application for an accessory dwelling unit permit, the City shall provide a full set of comments to the applicant with a list of deficiencies and description of how they can be remedied within the time frames below for approval or denial of the application.

9.114.050 Development standards.

A. General Provisions. The following provisions apply to all accessory dwelling units:

1. Zoning. The accessory dwelling unit must be proposed on a lot that is zoned to allow for one -family or multiple -family residential uses either by right or with a conditional use permit, and includes a proposed or existing primary dwelling.

Accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. An accessory dwelling unit shall not be construed as causing the lot to exceed its allowable density.

2. 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

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

3. Architectural Review. The accessory dwelling unit shall match the design of the primary dwelling unit, including building materials, color and roofing material.

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 roof 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.

5. Setbacks. All accessory dwelling units shall comply with the following setbacks:
a. Front. The minimum front setback shall be as established in the underlying zoning district.
b. Side. A minimum setback of four feet.
c. Rear. A minimum setback of four feet.
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 distance precludes an ADU pursuant to California Government Code Section 65852.2(c). e. No setbacks shall be required for an existing, legally permitted living area or accessory structure that is converted to an accessory dwelling unit except as required by the building code for fire and safety purposes.

6. 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.

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

7. 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 pe rmit construction of an eight hundred square foot accessory dwelling unit that is compliant with height requirements with a minimum of four-foot side and rear yard setbacks from the property lines.

8. Landscape. For an accessory dwelling unit involving new construction, landscaping shall be installed that is consistent with the existing or proposed landscaping surrounding the primary residence, and such landscaping shall be consistent with the requirements of Chapter 8.57 for water efficiency.

9. Conversion and Expansion. For accessory dwelling units that will be created within the existing or proposed space of primary dwelling or existing, legally permitted accessory structure, no expansion of the physical dimensions of the existing structure is permitted, except that an expansion of up to one hundred fifty square feet may be included solely for the purpose of accommodating ingress and egress.

10. Access. The accessory dwelling unit shall have an independent exterior access/entrance, apart from that of the primary dwelling.

11. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. A passageway is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

12. Number of Units. The following number of accessory dwelling units shall be allowed as follows, provided that each unit complies with state building standards for dwellings:
a. Single-Family Lot. A maximum of three units, including the primary dwelling, shall be allowed.
i. One JADU.
ii. One ADU.
b. Multiple-Family Lot.
i. The total number of accessory dwelling units that are within the portions of an existing multiple -family dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages shall not exceed twenty-five percent of the existing multiple family dwelling units, provided that at least one such ADU shall be permitted. ii. 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

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

units are no higher than sixteen feet or eighteen feet, as may be applicable, and meet a four-foot rear and side yard setback.
iii. JADUs are not permitted.

13. Unit Size. The maximum total floor area of any new accessory dwelling unit shall not exceed the following:
a. New Detached. Eight hundred fifty square feet for a studio or one -bedroom unit and one thousand square feet for a unit with more than one bedroom. No more than two bedrooms are allowed.
b. New Attached. Eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with more than one bedroom, or fifty percent of the existing primary dwelling, whichever is less. No more than two bedrooms are allowed.
c. Conversion. The conversion of an existing, legally permitted accessory structure is not subject to maximum unit size requirements. The conversion of a portion of the existing primary residence may not exceed fifty percent of the floor area of the primary dwelling or one thousand square feet, whichever is less.

14. Parking.
a. One new parking space per accessory dwelling unit 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.
b. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off -street parking spaces are not required to be replaced.
c. No additional parking shall be required for any accessory dwelling unit in the following instances:
i. The unit is within one-half mile walking distance of public transit. A map shall be provided confirming the distance.
ii. The unit is located within an architecturally and historically significant historic district.
iii. The unit is part of the proposed or existing primary residence or an accessory structure.

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle located within one block of the accessory dwelling unit.
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.

15. Septic and Sewer. All accessory dwelling units shall be connected to the public sewer system unless an exemption is granted pursuant to Chapter 8.50. If there is no “available public sewer system” as defined in Chapter 8.50, and a private sewage system will be used, it must be appropriately sized in compliance with the building code.

16. 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.

17. Certificate of Occupancy. The city shall not issue a certificate of occupancy for an accessory dwelling unit before it issues a certificate of occupancy for the primary dwelling.

9.114.060 Junior Accessory Dwelling Unit (JADU) Development Standards.

A. All junior accessory dwelling units must comply with the standards in this section. For JADUs that are subject to the development standards in Section 9.114.050, to the extent that there is any conflict between those standards and the standards in thi s section, the standards in this section shall take precedence.

1. One junior accessory dwelling unit may be permitted per lot zoned for one - family dwellings with a one -family dwelling already built, or proposed to be built, on the lot.

2. A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing one-family dwelling, and is not permitted within an accessory structure.

3. A junior accessory dwelling unit shall have an independent exterior access separate from the main entrance to the proposed or existing primary dwelling.

4. A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facilities, a food preparation counter, and storage cabinets.

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

5. A deed restriction that runs with the land shall be recorded and a copy filed with the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the primary residence, that this prohibition may be enforced against future purchasers, and that restricts the size of the junior accessory dwelling unit to no more than five hundred square feet.

6. Additional off-street parking is not required for a junior accessory dwelling unit.

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Attachment: Ordinance Amending Ch. 9.114 ADU (4034 : Amendment to Chapter 9.114 Accessory Dwelling Units)

Cathedral City Page 1 of 3 Printed on 12/26/2023

Staff Report

City Council

Item No. 3.G

Meeting Date: December 13, 2023
From: Kevin Biersack, Financial Services Director
Title: Facilities Scissor Lift and Trailer

City Council

RECOMMENDATION:

To approve the purchase of an Aerial Scissor Lift and Trailer not to exceed $12,000.

BACKGROUND:

The City’s current aerial lift, which has been in service for over two decades, is no longer adequate to meet the City’s operational needs. The maintenance costs have escalated significantly in recent years, and the frequency of breakdowns has increased, resulting in reduced productivity and increased risks for staff. The outdated technology and limited capabilities of the existing aerial lift hinder staff’s ability to efficiently complete tasks that require height adjustments and stability, impacting the overall efficiency and safety of operations. In the past six months, staff have had to rent lift equipment on three different occasions averaging $750 per rental.

DISCUSSION:

With an original plan ned budget of $20,000 for a new scissor lift, t he cost of a new scissor lift was significantly higher than what staff had anticipated. The prices for new lifts have increased in recent years, making it difficult for staff to afford one without exceeding the budget. Given the City’s financial constraints, staff explored alternative options that would still meet their requirements. In addition to the scissor lift, staff also needed to purchase a trailer to transport it. This added expense further stretched the budget. If staff had opted for a new scissor lift, the combined cost of both the lift and the trailer would have put the purchase significantly over budget, leaving staff with insufficient funds for other essential projects and purchases.

Considering these factors, staff decided to explore the used scissor lift market. Staff extensively researched and inspected various options to ensure they found a reliable machine that met their safety and operational requirements. Purchasing a used scissor lift allowed staff to significantly reduce the cost, making it a more feasible option within the budget limitations. While there are certain risks associated with buying used equipment, staff took all necessary precautions to mitigate them. They thoroughly

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inspected the lift, tested and demonstrated it on recent projects, checked its maintenance records, and even sought expert advice to ensure its reliability. Moreover, the cost savings from purchasing a used scissor lift allowed staff to allocate some funds towards necessary repairs or maintenance, if required.

To address the issues associated with the current lift, staff evaluated the attached four (4) options available in the market and reached out to their existing equipment vendors to determine what was available based on the following criteria:

• Enhanced Safety: The scissor lift will enable the maintenance staff to work at heights safely, reducing the risk of accidents and injuries associated with using ladders or other less stable alternatives.

• Increased Efficiency: The use of a scissor lift will streamline maintenance tasks, allowing staff to access elevated areas more quickly and efficiently. This will result in shorter project completion times and increased productivity.

• Versatility: The 20' scissor lift is compact enough to navigate tight spaces while providing an adequate working height for most maintenance tasks. Its versatility will ensure it can be utilized in various city locations, including the downtown amphitheater, town square, civic center, fire stations, and parks.

• Cost-effectiveness: With the acquisition of a 20' scissor lift and a 6k tilt trailer, the city will save on rental costs incurred when hiring similar equipment for maintenance tasks. Additionally, having our own equipment ensures availability as per our schedule, reducing delays caused by rental unavailability.

Staff tested all four options on City grounds , and in/around town square and the amphitheater. The 20” scissor lift proved to best meet our needs and proved to be reliable and durable, backed by positive customer reviews and testimonials. It offers a height capacity of up to 20’ working height two-man platform and the ability to maneuver the tight turns leading up to hard -to-reach areas, e.g., the amphitheater stage. In addition, staff will be able to use it to complete general cleaning, maintenance and repairs in the Amphitheater’s onstage lighting, walking path lights, and sidewalk lights, and banners surrounding Civic Center and Town Square.

FISCAL IMPACT:

After careful evaluation, staff recommend the purchase of the 2017 20’ Skyjack aerial lift and 6K tilt trailer (attachments 1A and 1B ) from Herc Rentals and Sales not to exceed $12,000 – quotes are attached.

FIVE-YEAR STRATEGIC PLAN:

GOAL C: Fiscal Stability and Sustainability

ATTACHMENTS:
1A. Recommended 20' Two-Person Scissor Lift

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1B. Recommended 6k Tilt Trailer

2. Single Man Lift

3. 50' Towable Boom

4. 45' Boom Truck

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Please make check payable to:

HERC Exchange LLC
Employee....

Herc Rentals Inc. does hereby transfer, set aside and assign all of its rights, (but not its obligatons), to sell the equipment described in this quote, to HERC Exchange LLC pursuant to the HERC/HERC Exchange LLC Master Exchange Agreement. Notice is hereby given that all of HERC's rights, (but not its obligations), to sell the equipment described in this quote, have been assigned to HERC Exchange LLC pursuant to the HERC/HERC Exchange LLC Master Exchange Agreement.

Print Customer Name
Customer Signature
Title
Date
Carefully read the terms and conditions on reverse side of this page Remit To:Remit To:

PO BOX 936257
ATLANTA, GA 31193
800-654-4740
68526 AVE LALO GUERRERO ** COPY **** COPY ** CATHEDRAL CITY, CA 92234
Invoice #... 55505011Invoice #... 55505011
C#: 760-770-0378 J#: 760-905-1315 Invoice date 11/02/23 11:04Invoice date Quote date..Quote date..

Customer: 0423065 Job Loc.....Job Loc.....

CITY OF CATHEDRAL CITY Job No...... CATHEDRAL CITY AMPJob No...... 68700 AVENIDA LALO GUERRERO P.O. #...... CATHEDRAL CITY AMPHIP.O. #......

CATHEDRAL CITY, CA 92234 ORDERED BY: MOORE, EDDIEORDERED BY:

Terms....... Due Upon ReceiptTerms....... Due Upon Receipt 1 800088566 CC: 405-1090 7500.00 7500.00 SCISSOR LIFT 19FT 30-32IN ELEC HR OUT:

Make: SKYJACK Model: 3219 Serial #: 22090128 Make: Model: Serial #:

DELIVERY CHARGE 200.00
Sub-total: 7700.00 Sub-total:

Taxable Sub-total: 7700.00 Tax: 673.75 Taxable Sub-total: 7700.00 Tax:

Total: 8373.75 Total:

Job Site:

CATHEDRAL CITY AMPHITHEATER EQUIPMENT SALE QUOTEEQUIPMENT SALE QUOTE Est# Days: 0 / 0
Qty Equipment # Price Amount Qty Equipment # Price Amount

81-495 INDUSTRIAL PLACE
INDIO, CA 92201
760-342-9008
Quote Valid For 30 Days From Order Date

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Attachment: 1A. Recommended 20' Two-Person Scissor Lift (4025 : Facilities Scissor Lift and Trailer)

TERMS AND CONDITIONS OF SALES

1. The Seller's acceptance of Buyer's Order is expressly limited to and conditioned upon Buyer's assent to the terms and conditions listed herein.

Buyer's execution of this Sales Order shall constitute Buyer's acceptance of the purchase price and Equipment listed on the reverse side hereof ("Equipment") and of the terms and conditions contained in this Sales Order, and the exclusion of any terms and conditions otherwise stated by Buyer or contained in Buyer's purchase documents or correspondence which conflict with or limit the terms and conditions contained herein.

2. This Sales Order is subject in all respects to approval and acceptance by Seller at its home office and when so accepted is binding upon both parties, but Buyer waives notice of such acceptance. If the Equipment listed on the reverse side hereof is not in Seller's stock, this Sales Order is also subject to manufacturer's availability.

3. If Buyer checks the box on the reverse side hereof indicating that the Equipment will be shipped to Buyer, Seller shall deliver all goods to a carrier for transport to Buyer's place of business or as otherwise directed in writing. Buyer assumes all responsibility for loss or damage to the Equipment from any cause upon delivery to the carrier ("FOB Shipment") and title to the Equipment shall pass to Buyer at such time. If Buyer checks the box on the reverse side hereof indicating that Buyer is picking up the Equipment, Buyer assumes all responsibility for loss or damage to the Equipment from any cause at time of its execution of this Sales Order ("FOB Order") and title to the Equipment shall pass to Buyer at such time.

4. The prices specified on the reverse side hereof do not include any Federal, State, or local taxes which may be assessed or levied with respect to any of the Equipment ordered by Buyer. The amount of such taxes will be paid by Buyer, will be billed to Buyer, and will be due and payable upon presentation of an invoice therefor. If such taxes are paid by Seller, any sum so paid will be charged and will be paid upon presentation of an invoice therefor.

5. All transportation, rigging and drayage charged for the Equipment from Seller's shipping point will be borne by Buyer.

6. Prices for the Equipment are stated on the reverse side hereof and are net due on invoice and all payments are non-refundable unless otherwise stated on the front of this Sales Order. In the event that the manufacturer's applicable price is increased prior to delivery of the Equipment under this Sales Order, the price of undelivered units hereunder will be increased to reflect Seller's price at the time of delivery of the undelivered Equipment to Buyer.

7. Should Buyer default in any of its obligations to Seller hereunder or remove any or all of the said Equipment from the premises of Buyer, without consent of Seller, or in the event that Buyer shall mortgage or part with possession of same without consent of Seller, or in the event that Buyer becomes insolvent or makes an assignment for the benefit of creditors, or in the event that a petition is filed by or against Buyer under the Bankruptcy Act (including, without limitation, a petition for reorganization, arrangement or extension), or under any other insolvency law or laws providing for the relief of debtors, then if, and to the extent, permitted by law, Seller shall have the right without prior notice to Buyer to enter into and upon the premises where the Equipment covered by this Sales Order may be found and take possession thereof, without further proceedings, and Seller may without notice declare this Agreement terminated and may retain the consideration received by it thereunder as liquidated damages. Should a claim hereunder be placed by Seller in an attorney's hands for collection, or in the event of other litigation, reasonable attorney's fees and costs will be paid by Buyer to Seller. Buyer will join Seller in executing one or more financing statements or other documents in form satisfactory to Seller and Buyer agrees to do and hereby appoints Seller its attorney-in-fact to do, at the option of Seller and at Buyer's expense all acts which Seller may deem necessary or desirable to protect and continue perfected the security interest contemplated herein.

8. Seller will not be liable for delays in shipment or performance nor will Buyer be excused from performance because of such delays.

9. Any failure of performance by Seller hereunder which is due to causes beyond Seller's control, including, but not limited to, acts of civil or military authority, national emergencies, labor difficulties, fire, flood, or other catastrophes, Act of God, quarantine, insurrection, war, riots, failure of transportation, and delays of suppliers, shall not be deemed to be a default by Seller.

10. Seller agrees to the extent they are assignable, to assign or otherwise afford to Buyer, without recourse to Seller, the benefit of any manufacturer's or vendor's warranties with respect to the Equipment received by Seller. Notwithstanding the foregoing, Seller tenders the Equipment to Buyer, "AS IS, WHERE IS". NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE EXTENDED AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANY

OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF THE EQUIPMENT, SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, CONSEQUENTIAL OR SPECIAL, ARISING UNDER STATUES, THROUGH NEGLIGANCE OR OTHERWISE; SUCH DAMAGES BEING HEREBY EXPRESSLY WAIVED. Seller will not be liable for infringements of any type resulting from the sale, performance or use of the Equipment.

11. This Sales Order, including only modifications or additions agreed to in writing by Seller, expresses the entire understanding of the parties with reference to the subject matter hereof, and no representations or agreements modifying or supplementing the terms of the Sales Order shall be valid unless in writing signed by a person authorized to sign Agreements on behalf of each party.

12. Should Buyer fail to pay any invoice to Seller in accordance with the terms of Seller's invoice, Buyer shall pay to Seller interest on such delinquent payment from the date payment was due until paid at the rate of 1 1/2% per month unless a lower rate is the maximum rate allowable by the laws of the jurisdiction in which Buyer's principal place of business is located. Any provision herein that may be invalid or illegal in any state shall fail by itself in that State, but shall in no way be held to invalidate any of the remaining provisions otherwise not invalid or illegal.

13. Claims for shortages of shipment under this Sales Order or other claims or disputes relating to the Equipment must be made by Buyer and delivered to Seller in writing within ten (10) days after delivery of such shipment to Buyer or such claim or dispute shall be waived by Buyer.

14. In no event will Seller be liable for any direct, indirect, consequential or special damages, or loss of profits.

15. Buyer will indemnify and save Seller harmless from all claims, expenses, liability and damages resulting from injuries to persons or damage to property arising from or connected with the Equipment, or the Equipment's use, operation or failure to operate after shipment of same to Buyer, possession of same by Buyer or any act or omission of Buyer or its employees or agents.

16. This Sales Order is not transferable in whole or in part without Seller's prior written consent.

17. California Disclosure Requirement: Any on-road heavy-duty diesel, alternative-diesel or off-road heavy-duty diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck.

3.G.a
Packet Pg. 75
Attachment: 1A. Recommended 20' Two-Person Scissor Lift (4025 : Facilities Scissor Lift and Trailer) Please make check payable to:

HERC Exchange LLC
Employee....

Herc Rentals Inc. does hereby transfer, set aside and assign all of its rights, (but not its obligatons), to sell the equipment described in this quote, to HERC Exchange LLC pursuant to the HERC/HERC Exchange LLC Master Exchange Agreement. Notice is hereby given that all of HERC's rights, (but not its obligations), to sell the equipment described in this quote, have been assigned to HERC Exchange LLC pursuant to the HERC/HERC Exchange LLC Master Exchange Agreement.

Print Customer Name
Customer Signature
Title
Date
Carefully read the terms and conditions on reverse side of this page Remit To:Remit To:

PO BOX 936257
ATLANTA, GA 31193
800-654-4740
68526 AVE LALO GUERRERO ** COPY **** COPY ** CATHEDRAL CITY, CA 92234
Invoice #... 55545113Invoice #... 55545113
C#: 760-770-0378 J#: 760-905-1315 Invoice date 11/20/23 8:56Invoice date Quote date..Quote date..

Customer: 0423065 Job Loc.....Job Loc.....

CITY OF CATHEDRAL CITY Job No...... CATHEDRAL CITY AMPJob No...... 68700 AVENIDA LALO GUERRERO P.O. #...... CATHEDRAL CITY AMPHIP.O. #......

CATHEDRAL CITY, CA 92234 ORDERED BY:ORDERED BY:

Terms....... Due Upon ReceiptTerms....... Due Upon Receipt 1 800120608 CC: 610-1766 3000.00 3000.00 TRAILER TILT 6-7000 LB
Make: FELLING Model: FT-6T-GW Serial #: 5FTBE1211H2001959 Make: Model: Serial #:

Sub-total: 3000.00 Sub-total:

Taxable Sub-total: 3000.00 Tax: 262.50 Taxable Sub-total: 3000.00 Tax:

Total: 3262.50 Total:

Job Site:

CATHEDRAL CITY AMPHITHEATER EQUIPMENT SALE QUOTEEQUIPMENT SALE QUOTE Est# Days: 0 / 0
Qty Equipment # Price Amount Qty Equipment # Price Amount

81-495 INDUSTRIAL PLACE
INDIO, CA 92201
760-342-9008
Quote Valid For 30 Days From Order Date

3.G.b
Packet Pg. 76
Attachment: 1B. Recommended 6k Tilt Trailer (4025 : Facilities Scissor Lift and Trailer)

TERMS AND CONDITIONS OF SALES

1. The Seller's acceptance of Buyer's Order is expressly limited to and conditioned upon Buyer's assent to the terms and conditions listed herein.

Buyer's execution of this Sales Order shall constitute Buyer's acceptance of the purchase price and Equipment listed on the reverse side hereof ("Equipment") and of the terms and conditions contained in this Sales Order, and the exclusion of any terms and conditions otherwise stated by Buyer or contained in Buyer's purchase documents or correspondence which conflict with or limit the terms and conditions contained herein.

2. This Sales Order is subject in all respects to approval and acceptance by Seller at its home office and when so accepted is binding upon both parties, but Buyer waives notice of such acceptance. If the Equipment listed on the reverse side hereof is not in Seller's stock, this Sales Order is also subject to manufacturer's availability.

3. If Buyer checks the box on the reverse side hereof indicating that the Equipment will be shipped to Buyer, Seller shall deliver all goods to a carrier for transport to Buyer's place of business or as otherwise directed in writing. Buyer assumes all responsibility for loss or damage to the Equipment from any cause upon delivery to the carrier ("FOB Shipment") and title to the Equipment shall pass to Buyer at such time. If Buyer checks the box on the reverse side hereof indicating that Buyer is picking up the Equipment, Buyer assumes all responsibility for loss or damage to the Equipment from any cause at time of its execution of this Sales Order ("FOB Order") and title to the Equipment shall pass to Buyer at such time.

4. The prices specified on the reverse side hereof do not include any Federal, State, or local taxes which may be assessed or levied with respect to any of the Equipment ordered by Buyer. The amount of such taxes will be paid by Buyer, will be billed to Buyer, and will be due and payable upon presentation of an invoice therefor. If such taxes are paid by Seller, any sum so paid will be charged and will be paid upon presentation of an invoice therefor.

5. All transportation, rigging and drayage charged for the Equipment from Seller's shipping point will be borne by Buyer.

6. Prices for the Equipment are stated on the reverse side hereof and are net due on invoice and all payments are non-refundable unless otherwise stated on the front of this Sales Order. In the event that the manufacturer's applicable price is increased prior to delivery of the Equipment under this Sales Order, the price of undelivered units hereunder will be increased to reflect Seller's price at the time of delivery of the undelivered Equipment to Buyer.

7. Should Buyer default in any of its obligations to Seller hereunder or remove any or all of the said Equipment from the premises of Buyer, without consent of Seller, or in the event that Buyer shall mortgage or part with possession of same without consent of Seller, or in the event that Buyer becomes insolvent or makes an assignment for the benefit of creditors, or in the event that a petition is filed by or against Buyer under the Bankruptcy Act (including, without limitation, a petition for reorganization, arrangement or extension), or under any other insolvency law or laws providing for the relief of debtors, then if, and to the extent, permitted by law, Seller shall have the right without prior notice to Buyer to enter into and upon the premises where the Equipment covered by this Sales Order may be found and take possession thereof, without further proceedings, and Seller may without notice declare this Agreement terminated and may retain the consideration received by it thereunder as liquidated damages. Should a claim hereunder be placed by Seller in an attorney's hands for collection, or in the event of other litigation, reasonable attorney's fees and costs will be paid by Buyer to Seller. Buyer will join Seller in executing one or more financing statements or other documents in form satisfactory to Seller and Buyer agrees to do and hereby appoints Seller its attorney-in-fact to do, at the option of Seller and at Buyer's expense all acts which Seller may deem necessary or desirable to protect and continue perfected the security interest contemplated herein.

8. Seller will not be liable for delays in shipment or performance nor will Buyer be excused from performance because of such delays.

9. Any failure of performance by Seller hereunder which is due to causes beyond Seller's control, including, but not limited to, acts of civil or military authority, national emergencies, labor difficulties, fire, flood, or other catastrophes, Act of God, quarantine, insurrection, war, riots, failure of transportation, and delays of suppliers, shall not be deemed to be a default by Seller.

10. Seller agrees to the extent they are assignable, to assign or otherwise afford to Buyer, without recourse to Seller, the benefit of any manufacturer's or vendor's warranties with respect to the Equipment received by Seller. Notwithstanding the foregoing, Seller tenders the Equipment to Buyer, "AS IS, WHERE IS". NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE ARE EXTENDED AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANY

OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF THE EQUIPMENT, SELLER WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, CONSEQUENTIAL OR SPECIAL, ARISING UNDER STATUES, THROUGH NEGLIGANCE OR OTHERWISE; SUCH DAMAGES BEING HEREBY EXPRESSLY WAIVED. Seller will not be liable for infringements of any type resulting from the sale, performance or use of the Equipment.

11. This Sales Order, including only modifications or additions agreed to in writing by Seller, expresses the entire understanding of the parties with reference to the subject matter hereof, and no representations or agreements modifying or supplementing the terms of the Sales Order shall be valid unless in writing signed by a person authorized to sign Agreements on behalf of each party.

12. Should Buyer fail to pay any invoice to Seller in accordance with the terms of Seller's invoice, Buyer shall pay to Seller interest on such delinquent payment from the date payment was due until paid at the rate of 1 1/2% per month unless a lower rate is the maximum rate allowable by the laws of the jurisdiction in which Buyer's principal place of business is located. Any provision herein that may be invalid or illegal in any state shall fail by itself in that State, but shall in no way be held to invalidate any of the remaining provisions otherwise not invalid or illegal.

13. Claims for shortages of shipment under this Sales Order or other claims or disputes relating to the Equipment must be made by Buyer and delivered to Seller in writing within ten (10) days after delivery of such shipment to Buyer or such claim or dispute shall be waived by Buyer.

14. In no event will Seller be liable for any direct, indirect, consequential or special damages, or loss of profits.

15. Buyer will indemnify and save Seller harmless from all claims, expenses, liability and damages resulting from injuries to persons or damage to property arising from or connected with the Equipment, or the Equipment's use, operation or failure to operate after shipment of same to Buyer, possession of same by Buyer or any act or omission of Buyer or its employees or agents.

16. This Sales Order is not transferable in whole or in part without Seller's prior written consent.

17. California Disclosure Requirement: Any on-road heavy-duty diesel, alternative-diesel or off-road heavy-duty diesel vehicle operated in California may be subject to the California Air Resources Board Regulation to Reduce Particulate Matter and Criteria Pollutant Emissions from In-Use Heavy-Duty Diesel Vehicles. It, therefore, could be subject to exhaust retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/dieseltruck.

3.G.b
Packet Pg. 77
Attachment: 1B. Recommended 6k Tilt Trailer (4025 : Facilities Scissor Lift and Trailer) All prices shown are in local currency. All prices and availability are subject to change without notice and are subject to applicable sales tax. Title to all goods listed remain with the seller until the purchase price is fully paid. Equipment is purchased as is, where is, without warranty unless otherwise specified.

Engine hours are actual hours as of the date of this posting and are not guaranteed. Equipment pictured may contain attachments and/or accessories not priced in this offer. Contact your Herc Rentals sales professional or the listed branch for details.

April 6, 2023

Phone:

Email:
760.342.9008
[email protected]
2014 JLG 20MVL
400-1290 - Mast Lift 20Ft Drivable Batt

DETAILS
Location
9641 - INDIO, CA
Equipment #
800011392
Serial #
0130020372
Meter
8 Price
$10,400 USD
Need Additional Equipment?
Search our used equipment inventory at used.hercrentals.com

3.G.c
Packet Pg. 78
Attachment: 2. Single Man Lift (4025 : Facilities Scissor Lift and Trailer) Prepared for
City of Cathedral City - Eddie
Moore
Prepared by
Dean Laura
Date: November 8, 2023
Used Equipment
Proposal

3.G.d
Packet Pg. 79
Attachment: 3. 50' Towable Boom (4025 : Facilities Scissor Lift and Trailer) All prices and availability are subject to change without notice and are subject to applicable sales tax. Title to all goods listed remain with the seller until the purchase price is fully paid. Equipment is purchased as is, where is, without warranty unless otherwise specified. Engine hours are actual hours as of the date of this posting and are not guaranteed. Equipment pictured may contain attachments and/or accessories not priced in this offer. Contact your Herc Rentals sales professional or the listed branch for details.

November 8, 2023

Sales Rep:

Phone:

Email:

Dean Laura
442.484.9765
[email protected]
2018 JLG T500J
410-1030 - Boom Towable 50Ft Battery

DETAILS
Location
9634 - RIVERSIDE, CA
Equipment #
800205021
Serial #
0030009305
Meter
141
Price
$40,200 USD
Need Additional Equipment?
Search our used equipment inventory at used.hercrentals.com

3.G.d
Packet Pg. 80
Attachment: 3. 50' Towable Boom (4025 : Facilities Scissor Lift and Trailer) Funding That’s Quick, Easy & Affordable
The job starts next week. You need equipment. Invest in your business with Ready Finance.

READY FINANCE PROVIDES THE FUNDING

YOU NEED, WHEN YOU NEED IT
Meeting the demands of your growing business can be difcult without the equipment you need. But in today’s credit-crunched market, gaining access to necessary capital can sometimes be a challenge.

Ready Finance is the industry’s most comprehensive and integrated nancial solution for short-term and long-term business needs.

With Ready Finance, you gain access to the broadest range of products and funding options available. It’s “one-stop-shopping” for purchase and nance: you can leverage the full spectrum of Herc Rentals equipment options nancing solutions.

FINANCING
 Easy application process: Quick response and personalized service every step of the way
 100% nancing available: No cash layout needed with
equipment ownership
 Flexible monthly payment options: 12, 24, 36, 48 and 60 month terms available; choose what’s best for you
The financing offer
was a smart and cost
saving opportunity.
- PACIFIC STEEL CASTING
The process was
easier and faster than I
ever imagined.
- LASTER LANDSCAPING
Our rep sent us
information and within a
week it was nanced
and we had a truck.
- MALACHI PAVING & GRADING

INVEST IN YOUR

BUSINESS WITH

READY FINANCE
100% nancing
available with exible
monthly payment
options.*
2018 JLG T500J - 800205021
TERM LENGTH (months) 12 24 36 48 60
MONTHLY PAYMENTS (USD) $3,618 $1,889 $1,286 $1,005 $844 For a complete listing of equipment,
Visit: used.hercrentals.com or Call: 888.777.2700
*Financing is provided by a third party nancial institution and is subject to credit approval. Financing only available for equipment purchased for business use. No consumer nancing for personal or household use. This program is currently not available in North Dakota. In Rhode Island, any customer that is not a business entity must nance no less than $25,000. In New Hampshire, any customer (including business entities) must nance no less than $10,000.
2020 Herc Rentals Inc. All Right Reserved. All other trademarks are the property of their respective owners.

3.G.d
Packet Pg. 81
Attachment: 3. 50' Towable Boom (4025 : Facilities Scissor Lift and Trailer) All prices and availability are subject to change without notice and are subject to applicable sales tax. Title to all goods listed remain with the seller until the purchase price is fully paid. Equipment is purchased as is, where is, without warranty unless otherwise specified. Engine hours are actual hours as of the date of this posting and are not guaranteed. Equipment pictured may contain attachments and/or accessories not priced in this offer. Contact your Herc Rentals sales professional or the listed branch for details.

November 6, 2023

Sales Rep:

Phone:

Email:

Dean Laura
442.484.9765
[email protected]
2012 Ford / Altec F-550 / AT37G
659-6320 - Truck Bucket 45 Ft Insulated Dsl

DETAILS
Location
9689 - ANAHEIM, CA
Equipment #
487380042
Serial #
1FDUF5GT1CEC02037
Meter
110,463
Price
$47,000 USD
Need Additional Equipment?
Search our used equipment inventory at used.hercrentals.com

3.G.e
Packet Pg. 82
Attachment: 4. 45' Boom Truck (4025 : Facilities Scissor Lift and Trailer) Funding That’s Quick, Easy & Affordable
The job starts next week. You need equipment. Invest in your business with Ready Finance.

READY FINANCE PROVIDES THE FUNDING

YOU NEED, WHEN YOU NEED IT
Meeting the demands of your growing business can be difcult without the equipment you need. But in today’s credit-crunched market, gaining access to necessary capital can sometimes be a challenge.

Ready Finance is the industry’s most comprehensive and integrated nancial solution for short-term and long-term business needs.

With Ready Finance, you gain access to the broadest range of products and funding options available. It’s “one-stop-shopping” for purchase and nance: you can leverage the full spectrum of Herc Rentals equipment options nancing solutions.

FINANCING
 Easy application process: Quick response and personalized service every step of the way
 100% nancing available: No cash layout needed with
equipment ownership
 Flexible monthly payment options: 12, 24, 36, 48 and 60 month terms available; choose what’s best for you
The financing offer
was a smart and cost
saving opportunity.
- PACIFIC STEEL CASTING
The process was
easier and faster than I
ever imagined.
- LASTER LANDSCAPING
Our rep sent us
information and within a
week it was nanced
and we had a truck.
- MALACHI PAVING & GRADING

INVEST IN YOUR

BUSINESS WITH

READY FINANCE
100% nancing
available with exible
monthly payment
options.*
2012 Ford / Altec F-550 / AT37G - 487380042
TERM LENGTH (months) 12 24 36 48 60
MONTHLY PAYMENTS (USD) $4,230 $2,209 $1,504 $1,175 $987 For a complete listing of equipment,
Visit: used.hercrentals.com or Call: 888.777.2700
*Financing is provided by a third party nancial institution and is subject to credit approval. Financing only available for equipment purchased for business use. No consumer nancing for personal or household use. This program is currently not available in North Dakota. In Rhode Island, any customer that is not a business entity must nance no less than $25,000. In New Hampshire, any customer (including business entities) must nance no less than $10,000.
2020 Herc Rentals Inc. All Right Reserved. All other trademarks are the property of their respective owners.

3.G.e
Packet Pg. 83
Attachment: 4. 45' Boom Truck (4025 : Facilities Scissor Lift and Trailer)

Cathedral City Page 1 of 2 Printed on 12/26/2023

Staff Report

City Council

Item No. 3.H

Meeting Date: December 13, 2023
From: George Crum, Police Chief
Title: Riverside County Animal Control Contract Extension

City Council

RECOMMENDATION:

Staff recommends authorization of the agreement for the remainder of the current fiscal year for a part-time contract for Field and Shelter Animal Services with Riverside County Department of Animal Services.

BACKGROUND:

The City of Cathedral City has contracted Animal Control Field and Shelter Services through the Riverside County Department of Animal Services since FY 2005. We recently concluded a 2 -year part -time contract on June 30, 2023. Staff were recently informed by Riverside County Department of Animal Services the contract would be extended to June 30, 2024, with no changes in either services or cost to the existing contract.

DISCUSSION:

Staff were notified by Riverside County Department of Animal Services in September of 2023 of the proposed contract extension. Riverside County Department of Animal Services indicated they are in the middle of a fee study which they anticipate will be completed in early 2024. Riverside County Department of Animal Services will negotiate a new contract for services in early 2024, for fiscal year 2024/2025, after a new fee schedule is established.

The City is currently contracting with Riverside County Department of Animal Services for one part -time animal control officer for 20 hours of field service work, deployed Monday-Friday 8am to 12pm.

This contract provides for One Animal Control Officer covering listed part -time hours.

Any hours before or after these contracted hours, to include holidays and weekends is billed at an overtime rate with a minimum of two hours callout pay at $142 an hour for a minimum callout rate of $284 per incident.

3.H
Packet Pg. 84

Cathedral City Page 2 of 2 Printed on 12/26/2023

Contract: Part-Time FY 2023 to 2024

Animal Control Officer (.5) $106,423.00 Animal Sheltering $ 30,960.00*
Wildlife Impounds $ 1,104.00*
Deceased Animal PU & Disp $ 5,530.00*
Operations and Maintenance $ 1,253.00*
Overtime $ 17,054.00**
License processing fee $ 11,573.00**

Total $173,897.00

*Estimates based on FY 20/21- Part-time services contract. **Estimates based on FY 20/21 statistics. This fee will be billed based on actual usage.

FISCAL IMPACT:

None for FY 2023/2024

FIVE-YEAR STRATEGIC PLAN:

GOAL E: SAFETY Cathedral City is safe for all who live, work visit and play in our community.

ATTACHMENTS:

ACO contract 07012021 signed
First Amendment - Cathedral City
FY_CCITY_Field Services Activity Report
FYtd_CCITY_Field Services Activity Report

3.H
Packet Pg. 85

3.H.a
Packet Pg. 86
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 87
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 88
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 89
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 90
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 91
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 92
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 93
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 94
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 95
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 96
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 97
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 98
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 99
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 100
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 101
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 102
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 103
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 104
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 105
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 106
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

3.H.a
Packet Pg. 107
Attachment: ACO contract 07012021 signed (4021 : Animal Control Contract Extension)

FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF CATHEDRAL CITY

AND THE COUNTY OF RIVERSIDE

This First Amendment to the AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES between COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”) and the CITY OF CATHEDRAL CITY (“CITY”), herein referred to as the “First Amendment”, dated as of the Effective Date (defined herein), amends the Agreement as follows:

RECITALS

WHEREAS, COUNTY and CITY entered into an Agreement for Animal Control Field and Shelter Services Between the City of Cathedral City and the County of Riverside for the provision of animal field and shelter services (“Original Agreement”) for a term commencing July 1, 2021 through June 30, 2023 (“Agreement”);

WHEREAS, the COUNTY’s Board of Supervisors ratified and approved the Agreement on February 1, 2022, in Minute Order 3.3;

WHEREAS, the Agreement authorizes amendments to the Agreement with the approval of the Board of Supervisors of COUNTY and City Council of CITY;

NOW, THEREFORE, in consideration of the foregoing, COUNTY and CITY agree as follows:

1. Recitals – The recitals set forth above are true and correct and incorporated herein by reference.

2. Effective Date and Term. The “Effective Date” of this First Amendment shall be July 1, 2023 and shall terminate on June 30, 2024.

3. Entire Understanding. The First Amendment and the Original Agreement contain the entire understanding and agreement of the Parties. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements that are not contained or expressly referred to within this First Amendment and Original Agreement.

4. Further Assurances. The Parties agree to execute such other documents and to take such other actions as may be necessary to further the purpose of this First Amendment.

5. Agreement in Full Force and Effect. Except as otherwise expressly modified herein, all other terms and conditions of the Original Agreement remain unmodified and in full force and effect.

6. Counterparts. This First Amendment may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.

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Attachment: First Amendment - Cathedral City (4021 : Animal Control Contract Extension)

FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF CATHEDRAL CITY

AND THE COUNTY OF RIVERSIDE

[SIGNATURES ON FOLLOWING PAGE]

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Attachment: First Amendment - Cathedral City (4021 : Animal Control Contract Extension)

FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF CATHEDRAL CITY

AND THE COUNTY OF RIVERSIDE

IN WITNESS WHEREOF, COUNTY and CITY have caused their duly authorized representatives to execute this First Amendment.

COUNTY OF RIVERSIDE

By:_________________________
Kevin Jeffries, Chair
Board of Supervisors

CITY OF CATHEDRAL CITY

By:_________________________
Charlie McClendon
City Manager

ATTEST:

Kimberly Rector
Clerk of the Board

By:_________________________

ATTEST:

City Clerk

By:_________________________

APPROVED AS TO FORM:

Minh Tran
County Counsel

By:_________________________
BRUCE G. FORDON
Deputy County Counsel

APPROVED AS TO FORM:

By:_________________________

Deputy City Attorney

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Attachment: First Amendment - Cathedral City (4021 : Animal Control Contract Extension) CCITY Field Services Activity Report

RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES
07/01/2022 and 06/30/2023
CCITY Activities
Total
ASSIST 2
ASSIST CODE ENF 2
ASSIST ONOTIFY 4
ASSIST OTHER 1
ASSIST POLICE 21
ASSIST PUBLIC 11
DEAD DMSTC 130
DEAD WILD 19
DLVR TRAP 1
INV BARK 16
INV BITE 69
INV KENNEL 3
INV POSS 597 64
OTHER LIC CHECK 1
OWNED DISP REQ 1
OWNED EUTHREQ 1
STRAY AGGRS 50
STRAY CONFINED 46
STRAY HABIT 25
STRAY INJURED 39
STRAY OPEN YARD 4
STRAY ROAM 94
STRAY SICK 10
Total
CITE 11
DOA 107
EDUC 199
F/W 7
GOA 91
IMPND 137
MC 51
MCWCA 70
MCWRP 315
NALM 19
NHLGC 82
NOTIC 4
NVO 5
OTI 1
PDR 3
PST72 6
QT 13
QTR 1
RECK 25
RPRT 39
RSVLD 75
UNFND 13
UTC 14
Total
ASSIST 6
ASSIST CODE ENF 7
ASSIST ONOTIFY 9
ASSIST OTHER 2
ASSIST POLICE 61
ASSIST PUBLIC 29
DEAD DMSTC 167
DEAD WILD 26
DLVR TRAP 2
INV BARK 16
INV BITE 211
INV KENNEL 6
INV POSS 597 188
OTHER LIC CHECK 1
OWNED DISP REQ 2
OWNED EUTHREQ 4
STRAY AGGRS 127
STRAY CONFINED 115
STRAY HABIT 70
STRAY INJURED 86
STRAY OPEN YARD 13
STRAY ROAM 191
STRAY SICK 24
One Seq All Seq
H:\DAS Reports\fieldSvc_reports\FY_CCITY_Field Services Activity Report.rptPage 1 of 2 Sequence one: is the inital call created when a customer contacts for service request.

Sequence two or more: is generated to track feld actons for services when the inital service request is not completed

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Attachment: FY_CCITY_Field Services Activity Report (4021 : Animal Control Contract Extension) Total
STRAY TIED 4
TRANSPORT 1
TRANSPORT HUMANE AGC 1
WILD AGGRS 3
WILD CONFINED 3
WILD INJURED 28
WILD OPEN YARD 1
WILD ROAM 1
WILD SICK 3
XTRA SERVE 3
Total 662
Total
UTL 161
UTM 2
UTMC 75
UTQ 3
WARN 36
Total 1,565
Total
STRAY TIED 14
TRANSPORT 3
TRANSPORT HUMANE AGC 1
WILD AGGRS 8
WILD CONFINED 5
WILD INJURED 61
WILD OPEN YARD 3
WILD ROAM 3
WILD SICK 6
XTRA SERVE 9
Total 1,476
H:\DAS Reports\fieldSvc_reports\FY_CCITY_Field Services Activity Report.rptPage 2 of 2 Sequence one: is the inital call created when a customer contacts for service request.

Sequence two or more: is generated to track feld actons for services when the inital service request is not completed

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Attachment: FY_CCITY_Field Services Activity Report (4021 : Animal Control Contract Extension) CCITY Field Services Activity Report

RIVERSIDE COUNTY DEPARTMENT OF ANIMAL SERVICES
07/01/2023 and 10/29/2023
CCITY Activities
Total
ASSIST 1
ASSIST FIRE 1
ASSIST ONOTIFY 1
ASSIST POLICE 4
ASSIST PUBLIC 10
DEAD DMSTC 56
DEAD WILD 1
INV BARK 3
INV BITE 16
INV KENNEL 1
INV POSS 597 12
LEASH LV 1
OTHER LIC CHECK 1
OWNED DISP REQ 1
PATROL PATROL 1
STRAY AGGRS 10
STRAY CONFINED 28
STRAY HABIT 9
STRAY INJURED 7
STRAY OPEN YARD 1
STRAY ROAM 19
STRAY SICK 1
STRAY TIED 1
Total
CITE 2
DOA 45
EDUC 50
GOA 17
IMPND 57
MC 19
MCWCA 20
MCWM 1
MCWRP 104
NALM 2
NHLGC 20
OTI 1
PDR 1
PST72 1
QT 11
RECK 5
RPRT 18
RSVLD 17
RTO 1
UNFND 1
UTC 2
UTL 34
UTMC 23
Total
ASSIST 4
ASSIST FIRE 4
ASSIST ONOTIFY 3
ASSIST POLICE 8
ASSIST PUBLIC 26
DEAD DMSTC 75
DEAD WILD 1
INV BARK 3
INV BITE 60
INV KENNEL 4
INV POSS 597 34
LEASH LV 2
OTHER LIC CHECK 1
OWNED DISP REQ 2
PATROL PATROL 1
STRAY AGGRS 29
STRAY CONFINED 66
STRAY HABIT 25
STRAY INJURED 14
STRAY OPEN YARD 2
STRAY ROAM 41
STRAY SICK 2
STRAY TIED 2
One Seq All Seq
H:\DAS Reports\fieldSvc_reports\FY_CCITY_Field Services Activity Report.rptPage 1 of 2 Sequence one: is the inital call created when a customer contacts for service request.

Sequence two or more: is generated to track feld actons for services when the inital service request is not completed

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Attachment: FYtd_CCITY_Field Services Activity Report (4021 : Animal Control Contract Extension) Total
TRANSPORT OTHER 1
WILD AGGRS 1
WILD CONFINED 2
WILD INJURED 7
WILD OPEN YARD 3
WILD ROAM 1
Total 201
Total
WARN 9
Total 461
Total
TRANSPORT OTHER 1
WILD AGGRS 4
WILD CONFINED 6
WILD INJURED 16
WILD OPEN YARD 9
WILD ROAM 1
Total 446
H:\DAS Reports\fieldSvc_reports\FY_CCITY_Field Services Activity Report.rptPage 2 of 2 Sequence one: is the inital call created when a customer contacts for service request.

Sequence two or more: is generated to track feld actons for services when the inital service request is not completed

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Attachment: FYtd_CCITY_Field Services Activity Report (4021 : Animal Control Contract Extension)

Cathedral City Page 1 of 2 Printed on 12/26/2023

Staff Report

City Council

Item No. 3.I

Meeting Date: December 13, 2023
From: Michael Contreras, Fire Chief
Title: Award of Grant from Firehouse Subs to Cathedral City Fire Dept.

City Council

RECOMMENDATION:

To approve a grant from The Firehouse Subs Public Safety Foundation in the amount of $21,124.62 for the purchase of thermal imaging cameras, batteries, and accessories.

BACKGROUND:

The fire department applied for and was awarded a grant from The Firehouse Subs Public Safety Foundation in the amount of $21,124.62 to purchase the following items:

3 - AttackPRO kits, that include the following:
• 1 - Seek Attack Pro FQ-PAAX
• 2 - Batteries FA-BAA
• 1 - Desk top charger FD-SAA
• 1 - Truck charger FD-PAA
• 3 - RT3-4504 SEEK TIC Attack Pro Gear keeper with Aluminum Carabiner • 18 - FirePro X
• 18 - SEEK TIC Gear Keeper with Aluminum Carabiner
• 3 - Seek Reveal FirePROX Multi-Charging Station

DISCUSSION:

The grant was awarded to the Cathedral City Fire Department by the Firehouse Subs Public Safety Foundation. The Firehouse Subs Public Safety Foundation provides support to fire departments throughout the country to implement lifesaving capabilities, that protect the lives of first responders and their communities by providing equipment to non-profit and public safety organizations. The thermal imaging cameras that will be purchased with this grant will be used for search and rescue operations for residents of fire and smoke damage homes where victims may be trapped in a dwelling. The personal imaging devices will be issued to and used by each firefighter for personal safety to help them escape a smoke-filled home if they are trapped.

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FISCAL IMPACT:

Fiscal impacted by increasing fund 259 by $21,1 24.62 revenue and expenditures for project G05554.

FIVE-YEAR STRATEGIC PLAN:

ATTACHMENTS:

Final Seek Quote

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(877) 637-3473
Quote
Quote # QT1715673
Date 06/29/2023
QT1715673

Bill To

JEREMY KEENAN

CATHEDRAL CITY FIRE DEPARTMENT
32100 DESERT VISTA ROAD
Cathedral City CA 92234
United States
Expires 10/20/2023
Sales Rep Leightner, Scott
PO # SEEK TIC RFQ
Shipping Method FedEx Ground
Customer CATHEDRAL CITY FIRE DEPARTMENT
Customer # C48982
Ship To

JEREMY KEENAN

CATHEDRAL CITY FIRE DEPARTMENT
32100 DESERT VISTA ROAD
Cathedral City CA 92234
United States

Item Alt. Item # Units Description QTY Unit Price Amount FQ-PAAX-TC AttackPRO with truck mount charger:
1 Seek Attack Pro FQ-PAAX
2 Batteries FA-BAA
1 Desk top charger FD-SAA
1 Truck charger FD-PAA
3 $2,650.00 $7,950.00
RT3-4504 SEEK TIC Attack Pro Gearkeeper with Aluminum
Carabiner
3 $54.99 $164.97
RQ-FFIX FirePro X 18 $549.00 $9,882.00
RT4-4504 SEEK TIC Gear Keeper with Aluminum Carabiner 18 $26.25 $472.50 RD-FAA Seek Reveal FirePROX Multi-Charging Station (TIC

NOT INCLUDED)
3 $300.10 $900.30
MES SALES REP: SCOTT LEIGHTNER
EMAIL: [email protected]
Subtotal $19,369.77
Shipping Cost $60.00
Tax Total $1,694.85
Total $21,124.62
This Quotation is subject to any applicable sales tax and shipping & handling charges that may apply. Tax and shipping charges are considered estimated and will be recalculated at the time of shipment to ensure they take into account the most current information.

All returns must be processed within 30 days of receipt and require a return authorization number and are subject to a restocking fee.

Custom orders are not returnable. Effective tax rate will be applicable at the time of invoice.

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Attachment: Final Seek Quote (4036 : Award of Grant from Firehouse Subs to Cathedral City Fire Dept.)

Cathedral City Page 1 of 1 Printed on 12/26/2023

Staff Report

City Council

Item No. 3.J

Meeting Date: December 13, 2023
From: Michael Contreras, Fire Chief
Title: Award of FM Global Grant to Cathedral City Fire Dept.

City Council

RECOMMENDATION:

To approve a grant from FM Global in the amount of $3297.00 for the purchase of three Apple iPads to be used by fire department personnel.

BACKGROUND:

The fire department applied for and received $3297.00 from FM Global for 3 iPads. The Fire Department application requested replacement of three outdated Apple iPads. The new Apple iPads will allow Fire Department personnel to input and process patient data with a faster processing speed.

DISCUSSION:

FM Global believes that most property loss is preventable. FM Global represents many of the world's largest organizations including one in every three Fortune 100 companies.

FM Global works to better understand the hazards that can impact business and their customers. To make cost effective risk management decisions combining property loss, prevention, and insurance protection FM Global has awarded millions of dollars in grants over the last 40 years.

FISCAL IMPACT:

Fiscal impact by increasing fund 259 by $3297.00 for revenues and expenditures for project G05555.

FIVE-YEAR STRATEGIC PLAN:

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Staff Report

City Council

Item No. 3.K

Meeting Date: December 13, 2023
From: John Corella, Director of Engineering/Public Works Title: Authorization of Cooperative Purchase for the Dream Homes Park Restroom/Storage Facility

City Council

RECOMMENDATION:

To authorize the City Manager to execute purchase orders and any other required documents for the purchase and installation of the Dream Homes Park restroom/storage facility with Romtec, Inc. in the not to exceed amount of $440,061.52.

BACKGROUND:

In December 2021, California State Parks awarded Cathedral City $8,498,000 of Statewide Park Program (SPP) Round 4 grant funds for the Dream Homes Park Project (Project). Following the notice of award in February 2022, the City received authorization from California State Parks to proceed with the design and construction of the Project.

In June 2022, Verde Design, Inc. was awarded a Design Professional Services Agreement for Professional Landscape Architect, Design, and Engineering Services of the Dream Homes Park to prepare final design and engineering plans, contract bid documents, and provide technical oversight during the construction of the Dream Homes Park.

In August 2023, the City Council authorized the procurement of specialized park equipment and amenities via existing cooperative purchasing agreements. Examples of the specialized equipment purchased include shade structures, exercise equipment, site furnishing (benches and barbeque pits), etc. The advantage of using cooperative purchasing agreements is that the City can "piggyback" on existing bids from other large federal, state, and local agencies. The cooperative purchasing process allows the City to get the lowest available price for the required items, avoiding the time necessary for the competitive bidding process.

At that time, City Staff recommended excluding the restroom/storage facility from the procurement of specialized park equipment and amenities cited above and return to City Council later when the design of the facility was completed. Now that the design of the

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restroom/storage facility has been completed, Staff is ready to procure the facility via a cooperative purchase agreement.

DISCUSSION:

City Staff and Project Designer have been working with Romtec, Inc. (Romtec) for the design and construction of the restroom/storage facility at Dream Homes Park. Romtec specializes in pre -engineered restroom/storage facilities and had recently worked with the City in the design and installation of the restroom facility at the Cathedral City Community Amphitheater Park.

The proposed restroom/storage facility is approximately 372 square feet consisting of four (4) single all -gender restrooms, two (2) of which will be ADA compliant, and a storage room. Three (3) restroom sinks, one (1) traditional water drinking fountain, and one (1) water drinking fountain with bottle filler are attached to the exterior of the building. Additional key components featured with the restroom/storage facility are the use of automatic locks for the individual restrooms, and automatic shut-off valves for the exterior sinks that will activate and deactivate daily when the park opens and closes. A detailed proposal from Romtec, including the restroom/storage facility renderings, has been attached to this Staff Report.

Romtec has provided plans and specifications and the cost proposal to furnish and install the restroom/storage facility at prevailing wage rates. The cooperative purchase with Romtec, Inc. is made available to the City through Sourcewell.

Staff is recommending that the City Council a uthorize the City Manager to execute purchase orders and any other required documents with Romtec, Inc. for the purchase and installation of the Dream Homes Park restroom/storage facility in the not to exceed amount of $440,061.52.

FISCAL IMPACT:

Initial funding for the Dream Homes Park Project comes from Proposition 68 Statewide Park Development and Community Revitalization Program Grant (Prop 68 Grant) awarded to the City in the amount of $8,498,000. The award covers 100% of the eligible costs.

At the November 8, 2023, City Council Meeting, the City Council approved amendments to the budget from the General Fund (100), the City’s Capital Improvement Project (CIP) Plan (331) and the Environmental Fund (246) to provide funding for the Project as shown below.

Project Funding
Description Amount
Prop 68 Grant (331) $ 8,498,000.00
General Fund (100) $ 2,481,211.00 Coachella Valley Association of Government (331) $ 534,404.51 Environmental Conservation Fund (246) $ 108,000.00
Total $11,621,615.51

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To date, the City has entered into agreements (encumbrances) as needed for consultant services during the Project design phase and cooperative purchase agreements for Park equipment and the perimeter wall. This cost to construct and install the restroom/storage facility was also included in the park construction estimate.

The budget amendment at the Council Meeting on November 8, 2023, considered funds in the amount of $585,000.00 for the construction of the Dream Homes Park restroom/storage facility. Romtec’s proposal for the construction and installation of the restroom/storage facility is in the amount of $440,061.52.

Staff recommends that the amount of $144,938.48 resulting from the difference between the estimated construction cost and the actual Romtec’s proposal for installation and construction of the restroom/storage facility remains within the overall Project budget as contingency for any unforeseen Project construction cost.

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:

Dream Home Park Restroom Proposal

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Preliminary Scope of Supply and Services

Building Supply and Installation
Project: Dream Homes Park
Location: Cathedral City, California
Date: 11/21/2023

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Attachment: Dream Home Park Restroom Proposal (4020 : Authorization of Cooperative Purchase for Dream Homes Park Restroom/Storage Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com

OVERVIEW
The following is a detailed scope of products and services that will be included as part of the Romtec building package and installation services. Romtec’s proposal includes the design, supply, and installation of the specified building kits as defined herein (with exclusions noted below).

See Section 3 below for the scope of supply and services supplied by others that are not supplied by Romtec.

KEY ASSUMPTIONS
Romtec’s Installation Quote is based on the following:

1. Building Construction Timeline. Romtec’s estimated installation time is X months. Romtec’s proposal is based on the requirement that the building site(s) be fully prepared and ready for Romtec to begin construction by XX/XX/XXXX. This proposal is also based on the following milestone dates:

a. Purchase Order executed no later than XX/XX/XXXX
b. Any relevant Romtec submittal document(s) approved no later than

XX/XX/XXXX
c. Site preparation and relevant Permits completed and delivered to Romtec for review/approval no later than XX/XX/XXXX
d. Romtec site delivery/mobilization to begin no later than XX/XX/XXXX

Note: Any changes to this schedule caused by others or outside of Romtec’s control will result in price changes.

2. Installation assumes one mobilization. If Romtec is required to demobilize and remobilize for any reason outside of Romtec’s control, it will result in a change order and schedule adjustment.

3. Work Hours are Monday through Saturday 7:00am – 7:00pm.

4. The Romtec Proposal requires a walk through and sign off upon completion of the Installation of the Romtec Building Package. In other words, once Romtec has completed the installation work, the general contractor, owner, and/or their representatives must inspect and confirm the completed installation within a reasonable time.

5. The jobsite is semi-truck accessible.

1. Freight quotes are valid for 30 days only, after which the price is subject to change without notice.

2. Romtec bases its freight quote on the optimal minimum number of deliveries. If the customer elects to increase the number of deliveries, it may result in additional freight charges.

6. Union workers NOT required for Romtec’s Installation Scope.

1. Prevailing Wage required

2. Compliance with Davis Bacon Act required

This scope letter will be superseded by the Romtec Scope of Supply, Design and Installation Submittal to be provided to the customer after receipt of contract.

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Attachment: Dream Home Park Restroom Proposal (4020 : Authorization of Cooperative Purchase for Dream Homes Park Restroom/Storage Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com

1. Romtec Scope of Supply

1. Engineering Services
Romtec will provide engineering services per the following process outline. Romtec will provide the full Scope of Supply, Design, and Installation Submittal (SSDIS) after receipt of a signed purchase order.

1. Romtec provides the full Scope of Supply, Design, and Installation Submittal package (SSDIS)
a. Romtec provides the SSDIS in Romtec’s standard electronic submittal format. b. The SSDIS will include the building plan view and elevation drawings, product data sheets, and further details of the Romtec building. The SSDIS supersedes this preliminary scope letter.

2. Customer reviews and comments on the SSDIS
a. At this time, the SSDIS should also be provided for review and comment by any other relevant entities, such as an end owner, installer, electrician, utility company, etc. b. The SSDIS typically does not contain final sealed plans and is NOT intended for review by the local building department (or other permitting authority) at this time. c. Customer will have 45 days from purchase order date to approve the SSDIS.

3. Customer Approves the SSDIS and releases Romtec to begin production a. The customer approves the SSDIS and releases Romtec to begin production by signing the Submittal Approval and Notice to Proceed on Production forms included in the SSDIS. Romtec cannot begin production without a signed NTP form. b. The customer’s approval of the SSDIS is approval of the general building layout and relevant products/ materials. Romtec will provide sealed plans only AFTER the SSDIS is approved.
c. Customer will have a maximum of ninety (90) days from the purchase order date to provide NTP. If the 90-day approval deadline is missed, Romtec reserves the right to update pricing at any time.

4. Romtec provides the Full Sealed Plan Set
a. After the customer has approved the SSDIS, Romtec will provide the customer with the Full Sealed Plan Set for review by the local building department (or relevant permitting authority).
b. The Full Sealed Plan Set will include all relevant calculations, and all architectural, mechanical, structural, electrical, and plumbing plan sheets stamped by an architect or engineer licensed in the state where the project is located. c. Romtec’s standard plan size is 11”x17”.

5. The local building department reviews and comments on the Romtec plans a. Romtec will revise and resubmit the Full Sealed Plan Set per comments from the local building department (or relevant permitting authority). b. Romtec includes one revision of the Full Sealed Plan Set in response to building department comments. Any comments that result in revisions of the sealed plans may result in a price increase, especially if they affect items that are already in production.

6. The local building department approves the revised Romtec plans a. Romtec will provide up to two (2) sets of the final, approved, for-construction plans. b. Romtec will complete production/manufacturing of the building package per the final approved plans.

7. Romtec delivers the completed building package and mobilizes for installation a. Romtec will package and palletize the completed building package, and then coordinate with the customer to deliver the package to the jobsite for construction by the Romtec installer.
b. Romtec Installer completes installation.
c. Romtec’s warranty period begins.

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Attachment: Dream Home Park Restroom Proposal (4020 : Authorization of Cooperative Purchase for Dream Homes Park Restroom/Storage Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com

2. Structure
The Romtec building package has been quoted with the specific product colors noted below.

Changes to these color selections may result in a price increase. Customer to select colors from each manufacturer’s specified color chart for block, roofing, steel finishes, etc.

The following structural items will be supplied by Romtec.

1. Romtec’s proposal includes the specific color selections noted below. Deviation from these may result in a price increase.

2. The following building package structural items will be supplied by Romtec. a. Concrete Masonry Units - CMU
i. Lower (visible) exterior walls will be constructed of 8” precision face stacked bond pattern CMU with 4” precision face stacked bond pattern CMU accent.
ii. Upper exterior walls (behind siding) will be constructed of 8” smooth face stacked bond pattern CMU.
iii. Block color will be gray.
b. Exterior finish in gable ends and above alcove shall be James Hardie Artisan ship lap siding (or equal).
c. Wire weave vents above doors for natural ventilation. i. Vents are powder coated black.
d. Doors, frames and hardware
i. Stainless steel, ball bearing hinges.
ii. Hurricane rated heavy duty door closers.
iii. Doors and frames will be powder coated black.
iv. Restroom doors to have grade 2 lever locks with latch guard. v. Doors to have 18”x18” louvered vents for air intake. vi. Restroom doors to have magnetic locking system.
e. Roofing materials
i. Glulam beams
ii. 2x6 tongue and groove decking.
iii. 6’ roof extension with glulam beams and steel posts for covered entry.
iv. Roofing will be Fabral, 26-gauge, Horizon 16 standing seam roof panels.

Note: Roofing color shall be selected by the owner from the manufacturer’s standard color chart.

3. Restroom and Plumbing Fixtures
The following fixtures will be supplied by Romtec:

1. Floor mount, china toilets with single chrome push flush valves.

2. Wall mount, stainless steel exterior sinks with single chrome push faucets i. Sinks to include automatic, timed shut off valve.

3. Wall mount, stainless steel 2-roll toilet paper dispensers.

4. Wall mount, stainless steel paper towel dispensers.

5. Wall mount, stainless steel automatic soap dispensers.

6. Stainless steel grab bars.

7. Bi-level, non-chilled drinking fountain with bottle filler.

4. Electrical Fixtures
The following electrical fixtures will be supplied by Romtec:

1. Exterior lighting
i. Wall cylinder, LED downlight light fixtures.
ii. Lights controlled by photocell.

2. Interior lighting
i. 48” ceiling mount LED light fixtures.
ii. Restroom lights controlled by motion sensor.
iii. Mechanical room lights controlled by switch (switches by installer).

3. Main breaker panel sized for the building components. i. 100 amp, single-phase, indoor.

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Attachment: Dream Home Park Restroom Proposal (4020 : Authorization of Cooperative Purchase for Dream Homes Park Restroom/Storage Romtec, Inc. | 18240 North Bank Road | Roseburg, OR 97470 | 541-496-3541 Email: [email protected] | www.romtec.com

2. Romtec Fabrication and Installation
The following are included in the fabrication and installation services for all buildings provided by Romtec:
i. Foundation and Under-slab

1. Equipment for excavation of foundation and slab.

2. Installation of forming material for foundation and slab.

3. Installation of Romtec underground utilities, including connection to the site plumbing and electrical utilities within 10’ of the building (plumbing and electrical)

4. Backfill of Romtec underground utilities.

5. Placement of rebar.

6. Pouring of foundation slab.

ii. Masonry Walls

1. Installation of CMU block

2. Placement of door frames, windows, and vents within CMU walls

3. Placement of J-bolts or Glulam Brackets as applicable

iii. Roof Structure

1. Carpenters’ installation of roof framing

2. Installation of roofing underlayment

3. Installation of roofing system

iv. Interior Finish

1. Painting of interior walls

2. Placement of cove base tile

3. Sealing of all exposed wood

v. Rough-In Plumbing/Electrical

1. Installation of drain and vent lines

2. Installation of water lines

3. Installation of main breaker panel(s)

vi. Doors and Hardware

1. Installation of Doors and hardware

vii. Installation of Finish Plumbing and Electrical

1. Installation of plumbing fixtures

2. Installation of electrical fixtures

viii. Installation of all other applicable building kit components and fixtures that are supplied by Romtec (e.g. (if applicable), partitions, dispensers, ADA equipment, mirrors, diaper decks, etc.)

ix. Completion of all applicable building inspections related to Romtec’s installation

x. Demonstration of full function and operation per approved designs and data sheets

3. Owner Responsibilities (By Others)

1. Site Preparation (All Structures)

1. Building Pad
The general contractor will be responsible for preparing the site and building pad prior to Romtec’s arrival for installation work. The building pad must be level and compacted

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to within 6” of the finish floor elevation before Romtec arrives. The pad must be prepared per the requirements of any available geotechnical report.

Note: Any site grading or removal and replacement of fill materials for the building pad must be completed prior to Romtec’s arrival. Romtec’s installation services do not include excavation beyond what is necessary for forming and pouring the concrete footings and slab.

2. Soil Disposal
Romtec is not disposing of any soils from the site.

3. Surveying and Staking
Romtec is not responsible for any site surveying or staking. Any required surveying and staking related to Romtec’s work area must be completed prior to Romtec’s arrival onsite.

2. Utilities (All Structures)

1. Site Utilities
Romtec is excluding the supply and installation of all incoming utilities. Utilities must be in place and available prior to Romtec’s arrival onsite. All utilities must be brought within 10’ of the building pad prior to Romtec’s arrival. If the utilities are not in place and ready to use prior to Romtec’s arrival, there will be additional charges for any required remobilization.

Note: Romtec has assumed that the site utility sizing matches what is shown on the Romtec plans. Any changes to the site utility sizing must be communicated to Romtec as soon as possible.

2. Electrical Transformer(s), Service Meter(s), and Meter Base(s) Romtec is excluding the supply and installation of any required electrical transformer, service meter, and meter base. If required, these items must be supplied and installed by others. If the electrical transformers are required for Romtec to perform installation work, they must be installed and functioning prior to Romtec’s arrival for installation work.

3. Electrical Junction Box
Romtec is excluding the supply of any required external electrical junction box associated with the Romtec building(s). Any required external junction box must be installed and ready for Romtec’s use prior to Romtec’s arrival onsite.

4. Other Electrical
Romtec is excluding the supply and installation of any electrical items not shown on the Romtec supplied panel.

5. Water Line Drain Valves and Sewer Line Back Flow Check Valves Romtec is excluding the supply and installation of any required water line drain valves and/or sewer line backflow check valves.

3. Site Concrete and Landscaping (All Structures)

1. Sidewalks and Sidewalk Approaches
Romtec is excluding the supply and installation of all sidewalks and sidewalk approaches.

2. Landscaping
Romtec is excluding the supply and installation of any landscaping.

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4. General Exceptions/Exclusions

1. Unless otherwise stated, Romtec is not proposing to meet any Buy America standard for materials.

2. The following items will be supplied by others if applicable:

1. All Permits related to construction
and installation of Romtec Building

2. Bonding (unless otherwise stated)

3. Storm water and/or pollution
prevention plans

4. Erosion control plans

5. Site specific safety plans

6. Site specific protection plans

7. Tree protection plans

8. Site preparation per geotechnical
report

9. Backfill required for all structures

10. Additional licenses except for a City
Business License, if required

11. Special inspection services

12. Removal of excavated
materials

13. Site grading or asphalt paving

14. Booster pumps &/or pressure
reducing valves

15. Backflow check valves

16. Fire alarm & fire suppression
equipment

17. Irrigation Equipment

18. Lighting equipment not
attached to the building

19. Electrical transformer(s),
external electrical junction
box(es), service
meter(s)/meter base(s)

20. Landscaping

21. Plumbing freeze protection

22. Site plans

23. Sidewalks

24. Construction mock-ups

25. Construction fencing

3. To ensure timely delivery of the building package amid ongoing and industry-wide disruptions to shipping, parts/materials availability, and lead times, Romtec reserves the right make equivalent or better substitutions at any time for any components that are not specifically required to match an exact brand/model.

4. Romtec does not provide LEED/Green submittals as a standard service. Romtec can assist in providing documentation for products that may meet LEED/Green standards, but Romtec does not provide or fill out LEED credit forms. Unless specifically included in Romtec’s proposal and quote, Romtec does not supply materials with the intent of meeting LEED standards. Any changes due to LEED or Green building requirements will result in a change order and increased lead times.”

5. All steel fabrication work is performed by qualified fabricators in conformance with engineered drawings. Romtec does not offer third party certification or inspection of steel fabrication work.

Note: Romtec’s scope of work is based on acceptance of the terms and conditions of the Romtec quote proposal, which may be attached here or provided separately.

4. Warranty and Limitations

1. Warranty

1. Please review the Romtec warranty by clicking the link below:
https://romtec.com/wp-content/uploads/2022/03/4.01-Romtec-Warranty-2-28-

22.pdf

2. Disclaimers

1. Stone and mineral products such as tile, stone veneer, and concrete will all show surface cracks over time due to multiple factors, including building settling, wall movement, environmental conditions, and maintenance/upkeep (or lack thereof).

Romtec cannot guarantee that stone products in the building will not eventually crack. Repairing of cracks in stone products is a maintenance issue, not a warranty

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issue. In other words, stone products in the building may eventually crack, and repair of these cracks is not covered under the Romtec warranty.

2. Romtec passes along the manufacturer’s warranty for metal roofing. Most metal roofing manufacturers intend for their roofing to be installed immediately upon delivery from the factory; otherwise, most have special storage requirements to validate their warranty. All project circumstances are different, and because Romtec cannot guarantee that metal roofing is installed within the timeframe allowed from the manufacturer or that the metal roofing will be stored at the jobsite according to the manufacturer’s requirements, Romtec does not include metal roofing in the overall Romtec building warranty.

3. Smooth face CMU block can have a significant variation in color and texture and should never be used as an architectural finish. Smooth face CMU block should always be either painted or have siding covering it. Romtec does not guarantee uniform color or texture of block, nor claim that any aspect of block color or texture will remain stable over time.

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Attachment: Dream Home Park Restroom Proposal (4020 : Authorization of Cooperative Purchase for Dream Homes Park Restroom/Storage ©2021 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, ADAPTED OR FURTHER DISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS, WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.CATHEDRAL CITY, CALIFORNIADREAM HOME PARK 18240 NORTH BANK ROAD - ROSEBURG, OR 97470(541) 496-3541FAX (541) 496-0803

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Attachment: Dream Home Park Restroom Proposal (4020 : Authorization of Cooperative Purchase for Dream Homes Park Restroom/Storage 11/16/231872CATHEDRAL CITY, CALIFORNIADREAM HOME PARKJSDRAWN BY:SHEET NO.

PROJECT#:DATE:PROJECT:SHEET TITLE:

REV. DATE: BYREVISIONS2023 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, ADAPTED OR FURTHERDISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS, WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.C PRELIMINARY18240 NORTH BANK ROAD - ROSEBURG, OR 97470(541) 496-3541FAX (541) 496-0803VERDE DESIGN JOB CREATED: 11/28/2023 - LAST SAVED BY: jeschonauer ON 11/28/2023 - LAST PRINTED: 11/28/2023 - LOCATION: O:\Engineering RI\Sales Drawings\Projects\1500 - 1999\1872- Dream Home, CA\1872- Dream Home-2999, CA 231128.dwg01FLOOR PLAN WALL TYPE SCHEDULE8" REINFORCED CONCRETEMASONRY BLOCK WALL WITHMORTAR JOINTS, GROUTED SOLIDALL CELLS RUNNING BOND PATTERN.SYMBOLLEGENDDESCRIPTIONAREA/QUANTITYINTERIOR CEILING LIGHTS6EXTERIOR WALL LIGHTS7 GABLE VENT2THESE PLAN VIEW AND ELEVATION DRAWINGS ARE APRELIMINARY ARCHITECTURAL REPRESENTATION OFTHE BUILDING. ALL DIMENSIONS, FEATURES ANDCOMPONENTS SHOWN ON THESE PRELIMINARYDRAWINGS MAY OR MAY NOT BE PART OF THEQUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLYAND SERVICES" LETTER PROVIDED WITH YOUR QUOTEFOR ROMTEC'S PROPOSED SCOPE OF SUPPLY.

TP LV-1WC-1GB42GB18GB36WC-1FD-2FD-2
LV-1LV-1
DF-1DF-1HB-1
MECH3" VTRFD-1FD-13" VTRADA ALLGENDERWC-1FD-2ADA ALLGENDERTPGB42GB18GB36TPWC-1FD-2TP3" VTR

ALLGENDERALLGENDER
28'-0"
13'-4"
ABCD1FLOOR PLANSCALE: 1/4" = 1'-0"C2
D2
PTD
PTD
SDSDSD
WWW.ROMTEC.COM

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Attachment: Dream Home Park Restroom Proposal (4020 : Authorization of Cooperative Purchase for Dream Homes Park Restroom/Storage 11/16/231872CATHEDRAL CITY, CALIFORNIADREAM HOME PARKJSDRAWN BY:SHEET NO.

PROJECT#:DATE:PROJECT:SHEET TITLE:

REV. DATE: BYREVISIONS2023 ROMTEC, INC. ALL RIGHTS RESERVED. THESE PLANS AND DRAWINGS MAY NOT BE REPRODUCED, ADAPTED OR FURTHERDISTRIBUTED, AND NO BUILDINGS MAY BE CONSTRUCTED FROM THESE PLANS, WITHOUT THE WRITTEN PERMISSION OF ROMTEC, INC.C PRELIMINARY18240 NORTH BANK ROAD - ROSEBURG, OR 97470(541) 496-3541FAX (541) 496-0803VERDE DESIGN JOB CREATED: 11/28/2023 - LAST SAVED BY: jeschonauer ON 11/28/2023 - LAST PRINTED: 11/28/2023 - LOCATION: O:\Engineering RI\Sales Drawings\Projects\1500 - 1999\1872- Dream Home, CA\1872- Dream Home-2999, CA 231128.dwg02ELEVATION VIEWCELEVATION VIEWSCALE: 1/4" = 1'-0" DELEVATION VIEWSCALE: 1/4" = 1'-0"
28'-0"

ALL GENDERRESTROOM
LF-1 LF-1
FASCIA30"O.H.STEEL POST, TYP

T&G DECKINGGLULAM BEAMS
12"DF-1DF-1BF-1HB-15'-4"
FRONT VENT, TYP 2
PRECISION FACE 8" x 16" CMUSTACKED BOND PATTERNCONCRETE BLOCK WALLPRECISION FACE 4" x 16" CMUCONCRETE BLOCK ACCENTFG8'-8" FG

ALL GENDERRESTROOM
LF-1
STEEL LINTEL OVERALCOVE, TYP 1

ALL GENDERRESTROOM
13'-4"
8'-8"
DELEVATION VIEWSCALE: 1/4" = 1'-0"
123 GLULAM BEAMS
6'-0"FG
17 1/2"O.H.

PRECISION FACE 8" x 16" CMUSTACKED BOND PATTERNCONCRETE BLOCK WALL GLULAM BEAM, TYP.SHIP LAP SIDINGSTEEL POST, TYP.GLULAM RAFTER, TYP. 6 PRECISION FACE 4" x 16" CMUCONCRETE BLOCK ACCENTLF-1
chicago333-665
LV-1
chicago333-665
LV-1
chicago333-665
LV-1

SHIP LAP SIDING OVERSMOOTH CMU BLOCKSTACKED BOND
GABLE VENT, TYP (2)
FG

ALL GENDERRESTROOM
WWW.ROMTEC.COM

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18240 North Bank Rd. Date
Roseburg, OR 97470 11/21/2023
P: 541‐496‐3541
F: 541‐496‐0803
E: [email protected]
Customer:

CA DIR# 1000002582
Quantity Extended Price
1  $                  206,899.33

5.00% (10,344.97)$
236,017.81$
7,489.35$
440,061.52$
*All freight estimates listed above are F.O.B. Roseburg, OR. Freight prepaid and added. Delivery will be in accordance with a mutually agreed upon timeline as stated in the Romtec Inc. Notice to Proceed on Production document.

ROMTEC INC. PURCHASE ORDER TOTAL
*This proposal includes the design & engineering by Romtec Inc. to produce a complete plan set that will meet the architectural and engineering code required in your state. In some cases local code may vary from typical state requirements and may result in a change in price that could not have been anticipated at time of quote. *Romtec charges 2.75% of total contract value for the bonding rate (if required).  Unless specifically stated in the above quote, this amount is not included in the total amount shown, and may be applicable at the time of invoice. *Non‐Agency orders must be placed on Romtec Inc. purchase order forms. *Shipping prices are estimates only and are subject to change without notice. *Quote based on standard design averages, including: roof snowload of 25psf, IBC Seismic Design Category: C, Design Wind Speed: 115 MPH, Allowable Soil Bearing: 1500 psf, Occupancy Type: U, Construction: VB. *Unless included with this quote, a payment schedule and terms will be established after the signed Purchase Order is received. Romtec Inc. generally requires a deposit payment upon receipt of the signed Submittal Approval & Notice to Proceed on Production document.

Any deposit amount will be defined with the forthcoming payment schedule. *Due to recent market volatility and inflation rates, the proposal pricing is valid for thirty (30) days from the proposal date. If the Customer has not returned a signed Purchase Order within thirty (30) days of the proposal date, Romtec, Inc. reserves the right to update the price to reflect cost changes. *This pricing is based on the understanding that Romtec, Inc. will be released for production within ninety (90) days. If, for any reason, Romtec, Inc. has not received Submittal Approval and Notice to Proceeed with Production within ninety (90) days of the Purchase Order date, Romtec, Inc. reserves the right to update the Purchase Order price to reflect inflationary cost changes.
*Sales or use Tax is not included in the above price.  Sales or use taxes may be required for your project depending on Nexus requirements.

Estimated Freight to: Cathedral  City, CA
Sourcewell DISCOUNT: Available only to members of Sourcewell.

Romtec Restroom Instalaltion and Installer Supplied Materials Per Romtec Scope of Supply and Services Document Dated 11‐24‐23
PROPOSAL/PO #081721 ‐RMT
Dream Home Park Restroom
City of Cathedral City
Andres Perez
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Building Proposal Description
Romtec Modified Restroom Building per Romtec Scope of Supply and Services Document Dated 11‐21‐23

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Customer/Owner Authorized Signature Date Romtec  Inc. Authorized Signature             Date Customer/Owner Printed Name Romtec  Inc. Printed Name
Customer/Owner Company
*The above prices, Terms & Conditions are satisfactory and are hereby accepted. Romtec Inc. is authorized to begin work on the Scope of Supply and Design Submittal document, which the customer will review prior to approval and Notice to Proceed on Production.

Additionally, the customer will complete and return the Customer & Project Information request as expeditously as possible so that payment terms, and bonding requirements (if applicable) can be established. The customer understands that by accepting this proposal they are issuing a Purchase Order for the project detailed above, but that production will not begin and delivery or installation dates cannot be established until the customer has granted design approval and notice to proceed on production. *Design Services include Romtec providing one(1) initial unsealed plan set on 11x17 format and one (1) sealed revision in response to reviewing authority comments (excluding Romtec Trads and Originals; Romtec Trads and Originals do not include sealed plans. Sealing of plans for Trads and Original models is only available upon request and may result in additional fees). In any additional revisions, if sealing or changing in plan set size are requested or required, an additional design service will be charged. *The pricing defined in this proposal is contingent upon the customer signing this form and agreeing to the Romtec terms and conditions defined in this proposal.  Any modifications to the terms and conditions defined herein may result in a price increase. *Romtec's standad insurance coverage document is available upon request. Unless otherwise specifically noted herein, Romtec's standard insurance coverage is accepted by Customer and considered sufficient coverge for all work related to this purchase order. Customer agrees to pay any costs related to additional insurance requirements not specifically noted in this order. *Sales or use Tax is not included in the above price.  Sales or use taxes may be required for your project depending on Nexus requirements.

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Terms of Payment
Credit Terms
Payment Terms
Deviation From Payment
Tax
Change Orders
Delay of Project
Terms of Delivery
Time is of the essence with respect to Customer’s payment of the purchase price, and timely payment shall not be delayed or excused for any reason. Payment agreement between Customer and other parties, or failure by other parties to pay Customer or perform any agreement with Customer shall not result in delay of payment to ROMTEC. ROMTEC does not accept partial payments, any offsets, and/or retainage against the Purchase Order price. Should Customer not act according to the terms of payment for any reason, the terms granted will be revoked and any remaining goods or services not yet delivered are subject to pre‐payment terms whereby payment, in full, is due 10 days prior to delivery. Any amounts not paid when due shall bear interest at the rate of 15 percent per annum or the highest lawful rate applicable, if such rate is less than 15 percent, from the date payment was due. For accounts that are 15 days or more past due, ROMTEC will withhold all warranty service until the account is fully paid and in good standing. This does not in any way toll the warranty period.

Unless otherwise indicated on the ROMTEC quote or purchase order, any sales, use, consumption, value added or other goods/services based tax imposed by a state; county/local or other agency with jurisdictional authority is excluded from this order. Customer is responsible for remitting any taxes that are applicable.

All Change Orders must be signed by the Customer. Prices stated herein are valid for 30 days from the purchase order date, or two weeks from the purchase order date if unsigned, at which time ROMTEC may adjust its price if cost factors warrant. A change order will apply (charges will vary depending on the circumstances) for the following design/engineering events: (i) incurred costs related to ROMTEC making more than two revisions of plan documents in response to review comments, (ii) incurred costs of “resealing” plan documents, and (iii) incurred costs of changing plan set sizing from the standard 11” x 17” format. Additionally, any modifications (for any reason) to ROMTEC’s Scope of Supply & Design Submittal, prior to formal approval, may result in a price adjustment. Any modification to ROMTEC’s Scope of Supply & Design Submittal requested or required by Customer for any reason after formal submital approval shall be performed by ROMTEC at Customer's expense, as follows: (i) Customer shall submit a written description of the modifications to ROMTEC; (ii) within 14 days of receipt of Customer's description, ROMTEC shall provide to Customer a written price quote for the modifications requested; (iii) Customer shall pay the Change Order Invoice to ROMTEC in accordance with payment terms.

Should progress of the project be delayed so that ROMTEC cannot produce and deliver the goods within six months from the date the purchase order is signed, Customer agrees to reimburse ROMTEC for all design and administrative expenses related to the completion of the Scope of Supply & Design Submittal as compensation for design services rendered. Customer also agrees to immediately pay any expenses related to any Customer authorized procurement or production of items. Additionally, Customer agrees to accept cost increases that may occur during the time the project is delayed.

To be established by Romtec’s accounting department after receipt of Customer's credit application.

Romtec, Inc. (ROMTEC) will provide the scope of supply as listed on the purchase order related hereto in accordance with the following terms and conditions:

Proposal Terms & Conditions
Romtec offers terms upon approved payment bond and credit approval by Romtec’s accounting department (to be determined at the time the Purchase Order is finalized and executed). Payments may be by check or wire transfer, Visa, MasterCard, Discover or American Express (a separate fee will be charged for payments exceeding $20,000 made by credit card and for all COD deliveries). Romtec may agree to accept COD payment by bank certified funds or cashier’s check if a carrier selected by Romtec ships materials.

Upon execution of the Purchase Order agreement, if Customer is not pre‐paying 100% of the contract value, Customer shall provide a completed credit application (subject to Romtec’s approval) and, if applicable, evidence of payment bond securing Customer’s obligation to pay the balance of the purchase price in full. Credit terms are conditional and may be modified subsequently at Romtec's discretion if new information or conditions warrant such modification.

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Description of Products and Warranty
Terms of Shipment & Delivery
Store & Invoice
Cancellation
Contract Documents
Legal Proceedings
In addition, Customer shall reimburse all expenses related to any Customer authorized procurement or production of items prior to approval of the Scope of Supply & Design Submittal. ROMTEC requires that Customer indicate approval of its supply offering by executing the approval signature page of the Scope of Supply & Design Submittal document and/or a formal Notice to Proceed on Production. Upon granting ROMTEC approval of its Scope of Supply Design Submittal and Notice to Proceed on Production of the building kit package(s), the Customer is waiving any rights to cancel its purchase order. ROMTEC does not accept returns or exchanges.

Together with this Purchase Order, the following constitute the “Contract Documents” and the entire contract between the parties, either written or oral: (i) ROMTEC’s Scope of Supply & Design Submittal, and (ii) Change Order form (if applicable).

If Customer fails to pay any amount when due, and ROMTEC incurs any expenses in pursuit of collection, Customer agrees to pay the reasonable attorney feesand other costs of such collection, regardless of whether litigation is actually commenced.

ROMTEC will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by the Customer by reason of such delay, when such delay is beyond ROMTEC’s control. Unless otherwise stated herein, all goods are shipped F.O.B. Roseburg, Oregon, and the risk of loss or damage to the goods and risk of delays in transit passes to the Customer when the goods are duly delivered to the carrier in Roseburg, Oregon. ROMTEC has no control over arrival time of a shipment, and ROMTEC shall not be responsible for delays in shipments once the goods leave ROMTEC's plant. ROMTEC's required procedures for handling products are as follows:
(1) All ROMTEC materials, whether palletized or separated from a pallet, must be handled per the instructions detailed in the ROMTEC Scope of Supply & Design Submittal with respect to the specified model of ROMTEC restroom facility or component.
(2) All material received from, but not manufactured by ROMTEC must be handled per the specific handling instructions of the manufacturer
of the material.
(3) PROPER HANDLING EQUIPMENT, ITS SUPPLY AND OPERATION ARE STRICTLY THE RESPONSIBILITY OF THE CUSTOMER.

ROMTEC’s Scope of Supply & Design Submittal document (provided subsequent to this order) contains and defines ROMTEC’s complete offering of its products and services (as applicable). The Scope of Supply & Design Submittal also defines ROMTEC’s Limited One Year Warranty. Warranty terms available prior to the submission of the Scope of Supply & Design Submittal upon request.

Unless otherwise specified on the purchase order, ROMTEC may ship goods pursuant to an order at any time after the goods are completed and ready for shipment. Further, unless payment has been made in advance, if a carrier holding a ROMTEC shipment ordered by a Customer is ready to deliver the goods to the Customer, the Customer agrees to accept the goods at the carrier's earliest possible delivery date and time.

If Customer delays shipment, regardless of the reason for delay, ROMTEC is permitted to invoice and the Customer agrees to pay ROMTEC under the agreed payment terms, using the date the order was ready for shipment as the invoice date (if prepayment or COD terms apply, payment is due within 7 days from the time of delay). Once the order is invoiced, the materials shall become property of the Customer.

Further, ROMTEC may at its sole discretion invoice the Customer for a minimum of $450 per month for on‐site storage. Deliveries that are delayed by the Customer may be canceled by ROMTEC and the goods returned to ROMTEC at ROMTEC's discretion. Any costs or other issues arising from the Customer's act in delaying receipt of ROMTEC’s shipments are the complete responsibility of the Customer. The Customer agrees to pay for the complete shipping cost if ROMTEC elects to allow the goods to be returned to ROMTEC or delivered to another Buyer.

Mutual acceptance of the purchase order indicates notice for ROMTEC to proceed with the provision of design services required in completing its Scope of Supply & Design Submittal. Should Customer cancel its purchase order prior, the following fee schedule will take effect:

1. Cancellation after Purchase Order but prior to Submittal Approval: 30% of total contract value due

2. Cancellation after Purchase Order and Submittal Approval but prior to Notice to Proceed on Production: 75% of total contract value due

3. Cancellation after Purchase Order, Submittal Approval, AND Notice to Proceed on Production: 100% of total contract value due

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Controlling Provisions
Binding Effect
Notice
Modification
Interpretation
Severability
Waiver
Force Majeure
Counterparts
This Purchase Order agreement may be executed in multiple counterparts, each of which shall constitute one agreement, even though all parties do not sign the same counterpart.

In any dispute involving the interpretation or enforcement of this agreement or involving issues related to bankruptcy (whether or not such issues relate to the terms of this agreement), the prevailing party shall be entitled to recover from the non‐prevailing party reasonable attorney fees, paralegal fees, costs, disbursements, and other expenses incurred by the prevailing party in the dispute, including those arising before and during any trial, arbitration, bankruptcy, or other proceeding, and in any appeal or review thereof. In addition, the amount recoverable by the prevailing party shall include an amount estimated as the fees, costs, disbursements, and other expenses that will be reasonably incurred in collecting a monetary judgment or award, or otherwise enforcing any order, judgment, award, or decree entered in the proceeding.

This agreement shall be interpreted and enforced according to the laws of the state of Oregon. The parties irrevocably submit and consent to the jurisdiction of the circuit courts of the State of Oregon for Douglas County with respect to litigation regarding any dispute, claim or other matter related to this contract.

The terms and conditions of this Purchase Order shall supersede and control any provisions, terms, and conditions contained on any confirmation order, Purchase Order, or other writing the Customer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms, and conditions hereof.

This Purchase Order agreement shall be effective and in force only when signed by Customer and also signed by ROMTEC. ROMTEC must consent to any assignment of this Purchase Order agreement in writing. Subject to any restrictions upon assignment, this Purchase Order agreement shall be binding on and inure to the benefit of the heirs, legal representatives, successors, and assigns of the parties.

All notices required by this Purchase Order agreement shall be in writing addressed to the party to whom the notice is directed at the address of that party set forth in this Purchase Order agreement and shall be deemed to have been given for all purposes upon receipt when personally delivered; one day after being sent, when sent by recognized overnight courier service; two days after deposit in United States mail, postage prepaid, registered or certified mail; or on the date transmitted by facsimile. Any party may designate a different mailing address or a different person for all future notices by notice given in accordance with this paragraph.

No modification of this Purchase Order agreement shall be valid unless it is in writing and is signed by all of the parties.

The paragraph headings are for the convenience of the reader only and are not intended to act as a limitation on the scope or meaning of the paragraphs themselves. All parties agree that they have had sufficient opportunity to negotiate these terms and have them reviewed by their cousel of choice. The parties agree that no legal interpretation of these terms should be construed against the drafting party.

The invalidity of any term or provision of this agreement shall not affect the validity of any other provision.

Waiver of any party of strict performance of any provision of this Purchase Order agreement shall not be a waiver of or prejudice any party’s right to require strict performance of the same provision in the future or of any other provision.

Neither party will be liable for any delay or failure in the performance of any obligation under this Agreement or for any loss or damage (including indirect or consequential damage) to the extent that such nonperformance, delay, loss, or damage results from any contingency that is beyond the control of such party, provided such contingency is not caused by the fault or negligence of such party.  A contingency for the purposes of this Agreement includes Acts of God, fires, floods, earthquakes, explosions, storms, wars, hostilities, blockades, public disorders, pandemic or other public health emergency, quarantine restrictions, embargoes, strikes, other labor disturbances or down time, unavailability of electronic communication lines or equipment, and compliance with any law, order or control of, or insistence by any governmental or military authority.

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Attachment: Dream Home Park Restroom Proposal (4020 : Authorization of Cooperative Purchase for Dream Homes Park Restroom/Storage

Cathedral City Page 1 of 2 Printed on 12/26/2023

Staff Report

City Council

Item No. 3.L

Meeting Date: December 13, 2023
From: Kevin Biersack, Financial Services Director
Title: Senate Bill (SB) 165, Government Code (GC) 50075.1 Fiscal Year (FY) 2022/2023 Report for CFD 2006-1

City Council

RECOMMENDATION:

Receive and File the Annual FY 2022/2023 California Senate Bill (SB) 165, Government Code (GC) Section 50075 Community Facilities District (CFD) 2006 -1 Revenues and Expenditures Report

BACKGROUND:

Senate Bill (SB) 165, California Government Code (GC) 50075.1, requires the Chief Fiscal Officer of the local agency to file an annual report with its governing body for any local special levy (measure) subject to voter approval on or after January 1, 2001.

DISCUSSION:

Since the Community Facilities District (CFD) 2006 -1 was created, there have been nineteen (19) Improvement Areas (“IA”) approved for various new development projects throughout the City of Cathedral City. As required, the City has established a separate revenue account for each IA. As of FY 2022/2023, ten of the IA received revenue for the purposes of supporting general fund services to the community, including Desert Princess (IA #2), River Canyon (IA #4), Lantana at Cimarron (IA #5), Northgate Community Church (IA #6), Stanton Place (IA #7), The District (IA #8), Horizon Gardens (IA #10), The District East (IA #11), Elyon Development (IA #12), and Newport Five (IA #14).

FISCAL IMPACT:

As reported in the annual budget review and adopted in the two -year biennial budget, CFD proceeds become revenues for the General Fund for law enforcement, fire, paramedic, park and general maintenance services provided (expensed). For FYE 2022/2023, total proceeds from the CFD for the General Fund were $239,472.

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FIVE-YEAR STRATEGIC PLAN:

Goal C: Fiscal Stability and Sustainability

Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

ATTACHMENTS:

SB165 annual report_2223

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11/6/2023

CITY OF CATHEDRAL CITY
COMMUNITY FACILITIES DISTRICT NO. 2006-1
IMPROVEMENT AREA NOS. 2, 4, 5, 6, 7, 8, 10, 11, 12, 13 AND 14

ANNUAL REPORT

The purpose of this report is to comply with the provisions of Section 50075 and Section 12463.2 of the California Government Code. Section 50075 provides that any local special tax measure that is subject to voter approval on or after January 1, 2001, that would provide for the imposition of a special tax by a local agency shall require the chief fiscal officer of the levying local agency to file a report with its governing body no later than January 1, 2002, and at least once a year thereafter. The annual report, pursuant to Section 50075 of the California Government Code, shall contain both of the following:

 The amount of funds collected and expended.
 The status of any project required or authorized to be funded as identified in subdivision (a) of Section 50075.1.

The City of Cathedral City (the “City”) formed Community Facilities District No. 2006-1 (“CFD No. 2006-1) in December 2006. CFD No. 2006-1 was formed to finance police protection services, fire protection and paramedic services, and park maintenance services. The status of such annual services is ongoing.

A separate account has been established with the City to administer the receipt and subsequent disbursement of the annual special taxes. A summary sheet showing the receipt of funds as well as all disbursements made during the reporting period (July 1, 2022 to June 30, 2023) is attached as a part of this report.

For information related to the FY 2022-2023 special tax amounts, please refer to the annual form filed separately with the City pursuant to Section 12463.2 of the California Government Code.

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Attachment: SB165 annual report_2223 (4013 : Senate Bill (SB) 165, Government Code (GC) 50075.1 Fiscal Year (FY) 2022/2023 Report for CFD David Taussig Associates, Inc. 11/3/2023

CITY OF CATHEDRAL CITY
CFD NO. 2006-1

FUND SUMMARY
Beginning Balance Funds Received Funds Expended Ending Balance Fund as of 7/1/2022 (7/1/2022 through 6/30/2023)(7/1/2022 through 6/30/2023) as of 6/30/2023 Improvement Area No. 2 $0 $87,861 ($87,861) $0
Improvement Area No. 4 $0 $43,530 ($43,530) $0
Improvement Area No. 5 $0 $32,740 ($32,740) $0
Improvement Area No. 6 $0 $2,530 ($2,530) $0
Improvement Area No. 7 $0 $2,856 ($2,856) $0
Improvement Area No. 8 $0 $31,276 ($31,276) $0
Improvement Area No. 10 $0 $2,845 ($2,845) $0
Improvement Area No. 11 $0 $28,481 ($28,481) $0
Improvement Area No. 12 $0 $2,537 ($2,537) $0
Improvement Area No. 13 [1] $0 $0 $0 $0
Improvement Area No. 14 $0 $4,818 ($4,818) $0
Grand Total $0 $239,472 ($239,472) $0
[1] Based on the County of Riverside's apportionment confirmation report as of June 30, 2023, no funds were received. All parcels are delinquent in the payment of their FY 2022-2023 property taxes.

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Attachment: SB165 annual report_2223 (4013 : Senate Bill (SB) 165, Government Code (GC) 50075.1

Cathedral City Page 1 of 2 Printed on 12/26/2023

Staff Report

City Council

Item No. 3.M

Meeting Date: December 13, 2023
From: John Corella, Director of Engineering/Public Works Title: Approve the Designation of Applicant’s Agent Resolution for Non-State Agencies authorizing the City Manager, Financial Services Director, and Director of Public Works to execute and provide all forms, agreements, and other assurances as
required for federal financial assistance under Public Law 93 - 288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988.

City Council

RECOMMENDATION:

To approve the Designation of Applicant’s Agent Resolution for Non-State Agencies authorizing the City Manager, Financial Services Director and Director of Public Works to execute and provide all forms, agreements, and other assurances as required for federal financial assistance under Public Law 93-288 as amended by the Robert T.

Stafford Disaster Relief and Emergency Assistance Act of 1988.

BACKGROUND:

Congress, through Public Law 93 -288 as amended by the Robert T. Stafford Disaster Relieve and Emergency Assistance Act of 1988 (Stafford Act) has established programs and procedures to provide an orderly and continuing means of assistance to State and Local governments during major disasters.

Assistance under the Stafford Act is managed through the Federal Emergency Management Agency (FEMA) and distributed throughout California by the Governor’s Office of Emergency Services (Cal OES).

In order to receive funding, the City, as Applicant, must identify certain Staff to act as Agents authorized to execute and provide all Cal OES forms, agreements, and other assurances as may be required to receive funding.

DISCUSSION:

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Cal OES has created a standard form resolution (Cal OES 130) for the designation of Agents. The Designation of Applicant’s Agent Resolution for Non -State Agencies is required for all Applicants to be eligible to receive funding.

Due to the type of assistance normally provided under the Stafford Act pertaining to disasters, Staff recommends the City authorize the City Manager , Financial Services Director, as well as the Director of Public Works to manage the information between the City and Cal OES.

The immediate need for filing this Resolution is due to Staff coordination with FEMA and Cal OES in order to receive federal assistance related to the March 13, 2020 Presidential Disaster Declaration due to the on-going Coronavirus Disease 2019 (Covid- 19) pandemic and the November 22, 2023 Presidential Disaster Declaration due to the emergency work and the repair or replacement of facilities damaged by Tropical Storm Hilary (August 19-21).

By completing this form, this is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of this approval.

FISCAL IMPACT:

There is no direct fiscal impact associated with this action. The Authorized Agents will be provided the authority to submit forms, assurances, and execute agreements with Cal OES pertaining to receiving federal assistance during a disaster declaration.

Purchases related to responding to these disasters will still follow normal City protocols.

ATTACHMENTS:

Cal OES 130_Filled in 12-13-2023

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DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of A
uthorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public ent
ity esta
blished under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM) , under
- Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under C
A Gov Code – Gov, Title 2,
Div. 1, Chapter 7, Article 5, S
ections 8587.8, 8587.11, 8587.12
That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state
disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
OES-FPD-130 Rev. 10-2022 Page 1 of 4

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Attachment: Cal OES 130_Filled in 12-13-2023 (4038 : Approve Authorized Agents for Cal OES Forms and Agreements Dec. 2023) Please check the appropriate box below
This is a universal resolution a
nd is effective for all open and future
disasters/grants declared up to three (3) years following the date of approval.

This is a disa
ster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Bo
dy Representative)
(Name and Title of Governing Bod
y Representative)
(Name and Title of Governing Bo
dy Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the a bove is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 2 of 4

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Attachment: Cal OES 130_Filled in 12-13-2023 (4038 : Approve Authorized Agents for Cal OES Forms and Agreements Dec. 2023) Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES F
orm 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group resp
onsible for appointing and approving the
Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity establis
hed under the laws of the
State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals th
at are authorized by the Governing Body
to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It d
oes not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 3 of 4

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Attachment: Cal OES 130_Filled in 12-13-2023 (4038 : Approve Authorized Agents for Cal OES Forms and Agreements Dec. 2023) Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
OES-FPD-130 Rev. 10-2022 Page 4 of 4

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Attachment: Cal OES 130_Filled in 12-13-2023 (4038 : Approve Authorized Agents for Cal OES Forms and Agreements Dec. 2023)

Cathedral City Page 1 of 4 Printed on 12/26/2023

Staff Report

City Council

Item No. 5.A

Meeting Date: December 13, 2023
From: John Corella, Director of Engineering/Public Works Title: Substantial Amendment to the City's CDBG FYs 2019, 2020, 2021, 2022 Annual Action Plans

City Council

RECOMMENDATION:

To approve a Substantial Amendment to the City’s Community Development Block Grant (CDBG) Fiscal Year (FY) 2019, FY 2020, FY 2021, and FY 2022 Annual Action Plans to reprogram unspent CDBG funds to the FY 2023 -2024 CDBG Annual Action Plan for the Public Improvement Project - Via De Anza Sidewalk Project Phase III.

BACKGROUND:

The Community Development Block Grant (CDBG) program, administered by the U.S.

Department of Housing and Urban Development (HUD), provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons.

As an entitlement City, Cathedral City receives annual CDBG entitlement funds to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and improving community facilities and services, in HUD Qualified Census Tracts within the City limits.

Annual Action Plan Amendments
As part of the CDBG program, HUD requires the preparation of a 5 -Year Consolidated Plan (Con Plan) to address the priority needs of the community, set goals for attaining identified objectives. The City Council adopted the FY 2022 -2027 Consolidated Plan on June 6, 2022.

The implementation of the Con Plan is reflected in the Annual Action Plan (AAP) that is prepared every fiscal year. The AAP identifies specific projects to be funded that implement the strategies identified in the Con Plan. The City Council approved the FY 2023-2024 Annual Action Plan on May 24, 2023, which allocated funds for CDBG Administration, Via De Anza Project Phase III, and the Sidewalk Repair Assistance Program.

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When the City’s CDBG funding situation changes, amendments to the AAP may be required. There are two types of amendments:

1. Administrative Amendments: Changes to a previously adopted Con Plan and AAP that does not meet the thresholds to qualify as a Substantial Amendment.

These amendments are typically processed at a staff level with approval from the City Council.

2. Substantial Amendments:

1. A change in the use of CDBG funds from one eligible activity to another; or

2. The implementation of an activity not previously identified in sufficient detail to provide affected citizens an opportunity to submit comments; or

3. A change in an activity’s program budget which exceeds ten percent (10%) of the City’s latest annual entitlement grant; and

4. Council approval required for all substantial amendments.

DISCUSSION:

A substantial amendment has been prepared, allocating CDBG funds from prior year s activities that have been cancelled or completed with a remaining fund balance to a public facilities improvement project that meets the CDBG eligibility requirements.

In consultation with the consultant providing support to the City with CDBG administrative services (The Ramsay Group), City Staff identified Via De Anza Sidewalk Project Phase III as the public facilities improvement project to reprogram the CDBG funds from prior years.

A summary of the activities from the FY 2019, FY 2020, FY 2021, and FY 2022 that were cancelled or completed, their respective fund balances, and proposed allocation are provided below:

Year 2019-2020

1. The amount of $9,468.91 will be reprogrammed from the South Panorama Neighborhood Street Improvement Project – IDIS Activity #77, a completed project, to an existing project, the Via De Anza Sidewalk Project Phase III.

Year 2020-2021

1. The amount of $5,000.00 will be reprogrammed from Public Services: CVAG Homeless Bus Pass Program Project – IDIS Activity #81, a cancelled project, to an existing project, the Via De Anza Sidewalk Project Phase III.

2. The amount of $5,000.00 will be reprogrammed from the Public Services:

Stonewall Ministries Homeless Program Project – IDIS Activity #84, a cancelled project, to an existing project, the Via De Anza Sidewalk Project Phase III.

Year 2021-2022

1. The unallocated balance of $28,500.00 from Year 2021-2022 will be allocated to an existing project, Via De Anza Sidewalk Project Phase III.

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Year 2022-23

1. The unexpected fund balance amount of $15,000.00 from the Emergency Sidewalk Repair Program – IDIS Activity # 111, will be reprogrammed to an existing project, Via De Anza Sidewalk Project Phase III.

2. The amount of $4,152.09 will be reprogrammed from the Program Administration project – IDIS Activity # 113, a completed project, to an existing project, Via De Anza Sidewalk Project Phase III.

The Substantial Amendment will allow for adjustments to the Annual Action Plans so that the funds can be properly accounted for and expended on Via De Anza Sidewalk Project Phase III.

The approval of the Substantial Amendment to the FY 2019, FY 2020, FY 2021, and FY 2022 Annual Action Plans will allow the City to complete public street reconstruction and associated repairs to sidewalks, curbs, and gutters located in an income -eligible neighborhood of the City. The undertaking of this project meets one of HUD’s National Objectives: benefiting low-and-moderate income people and the respective area.

Via De Anza Sidewalk Project Phase III (Project)
The Project is comprised of residential roads located within a low -and-moderate income area identified within the limits of Census Tract 449.15 (Block Groups 1 & 2) which will serve approximately 6,740 people of which 75.52% are low-to-moderate income.

Phase III of the Project includes construction of curb, gutter, and sidewalk on the east side of Via De Anza from Ortega Road to Olancha Road, and north and south side of Arrowhead Road from Via De Anza to east end of cul-de-sac.

PUBLIC PARTICIPATION:

Under the City’s adopted Community Participation Plan, any programmatic or financial changes resulting in over ten percent (10%) of the City annual apportionment will need to be documented with a Substantial Amendment and will require a public hearing.

On November 12, 2023, a public notice was published in the local newspaper, The Desert Sun, advising of the proposed Substantial Amendment. This public notice was published again on December 1, 2023.

The Substantial Amendment was made available for thirty (30) days from November 12, 2023, to December 13, 2023, on the City’s website, City Hall, Cathedral City Senior Center, Cathedral City Library, and the Boy’s and Girl’s Club of Cathedral City.

A public hearing is scheduled for Wednesday, December 13 th during the City Council Meeting to allow any members of the community an opportunity to comment on the information in the proposed Substantial Amendment.

FISCAL IMPACT:

The approval of this Substantial Amendment will ensure the City’s records remain

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accurate and account for these programmatic changes. The reallocation of funds will also allow the City to maximize its reimbursement for costs related to the Via De Anza Sidewalk Project Phase III.

The table below provides a summary of the prior year funding to be reprogrammed:

Program
Year
Project Project
Funding
Project Project
Funding (from) (to)
FY
2019-
2020
South Panorama
Neighborhood Street
Improvements
$9,468.91
Via De Anza
Sidewalk Project
Phase III
$9,468.91
FY
2020-
2021
CVAG Homeless Bus
Pass Program
Stonewall Ministries
Homeless Program
$5,000.00 Via De Anza
Sidewalk Project
Phase III
$10,000.00
$5,000.00
FY
2021-
2022
Unallocated Balance $28,500.00
Via De Anza
Sidewalk Project
Phase III
$28,500.00
FY
2022-
2023
Emergency Sidewalk
Repairs $15,000.00
Via De Anza
Sidewalk Project
Phase III
$15,000.00
FY
2022-
2023
Program Administration $4,152.09
Via De Anza
Sidewalk Project
Phase III
$4,152.09
Total $67,121.00

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:

CDBG FY 2023-2024 Substantial Amendment

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S

UBSTANTIAL AMENDMENT

CITY OF CATHEDRAL CITY
FY 2019, FY 2020, FY 2021 and 2022 ANNUAL ACTION
PLANS
1 | Page
J
urisdiction:

Program:

Contact Person:

Telephone:

Email:

Address:

Date:

City of Cathedral City
Community Development Block Grant (CDBG)
Andrew Lee, Assistant Engineer
760-770-0319
[email protected]
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
November 12, 2023
S
ummary of Changes:

T
he City of Cathedral City is an Entitlement City in the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Program. Public Not ice and Public Hearings are required for substantial amendments to the Action Plan. A substantial amendment is required when proposed use of CDBG funds have not been previously identified/approved in the Consolidated Plan or Annual Action Plan ; or a change in the purpose, scope, location, or beneficiaries of an activity.

T
he City of Cathedral City is pr eparing a substantial amendment allocating those funds from activities that have been cancelled and/or completed with a remaining fund balance, to the design and construction of the Via De Anza Sidewalk Project. The substantial amendment includes:

Y
ear 2019-2020

1. The amount of $9,468.91 will be allocated from the South Panorama Neighborhood Street Improvement – IDIS Activity #77, a completed project, to an existing project, the Via De Anza Sidewalk Project.

Y
ear 2020-2021

1. The amount of $5,000.00 will be allocated from Public Services: CVAG Homeless Bus Pass Program Project – IDIS Activity #81, a cancelled project, to an existing project, the Via De Anza Sidewalk Project.

2. The amount of $5,000.00 will be allocated from the Public Services: Stonewall Ministries Homeless Program Project– IDIS Activity #84, a cancelled project, to an existing project, the Via De Anza Sidewalk Project.

Y
ear 2021-2022

1. The unallocated balance of $28,500.00 from Year 2021-2022 will be allocated to an existing project, Via De Anza Sidewalk project.

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2 | Page

Year 2022-23

1. The remaining amount of $15,000.00 will be allocated from the Emergency Sidewalk Repair Program, – IDIS Activity # 111, to an eligible project in this program year due to previously unexpended fund balances. Funds will be allocated to an existing project, Via De Anza Sidewalk project.

2. The amount of $4,152.09 will be allocated from the Program Administration project – IDIS Activity # 113, a completed project, to an existing project, Via De Anza Sidewalk project.

The Substantial Amendment will allow for adjustments to the Annual Action Plans so that th e funds can be properly accounted for and expended for the Via De Anza Sidewalk Project.

The approval of the Substantial Amendment to the FY 2019, 2020, 2021, and 2022 Annual Action Plans will allow the City t o complete public street reconstruction and associated repairs to sidewalks, curbs , and gutter s located in an income-eligible neighborhood of the City . The undertaking of this project meets one of HUD’s National Objectives: benefiting low-and-moderate income people and the respective area.

Proposed Activities:

Via De Anza Sidewalk Project (Project)
The proposed Project is comprised of residential roads located within a low-and-moderate income area identified within the limits of Census Tract 449.15 (Block Groups 1 & 2) which will serve approximately 6,740 people of which 75.52 % are low-to-moderate income.

In addition to these streets being in a low-and-moderate income area, the proposed Project is to be undertaken by the City because these streets are showing severe signs of roadway degradation and pronounced cracking. Certain sections of these streets contain potholes that have emerged due to standing and collecting runoff water. Reconstruct ing these streets and making sidewalk improvements will also provide better accessibility, benefiting the residents of this area.

Overall Budget:

Under HUD guidelines, entitlement grantees must allocate no more than fifteen percent (15%) of the entitlement on public service projects and not more than twenty percent (20%) on administration and management of the CDBG Program. The remaining sixty -five percent (65%) is typically allocated to making public improvement in areas that have a direct benefit to low-and- moderate clientele. The remaining funds leftover are a result of public improvement projects that have come in at a cost savings.

The City will re -program the amount of $66,621.00 resulting from unexpended funds from previously approved Action Plans, and any public improvement projects, described there within, to the Project.

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The table below outlines provides a summary of the prior year funding to be reprogrammed:

Program
Year
Project Project
Funding
Project Project
Funding (from) (to)
FY 2019-
2020
South Panorama
Neighborhood Street
Improvements
$9,468.91 Via De Anza Sidewalk
Project $9,468.91
FY 2020-
2021
CVAG Homeless Bus
Pass Program
Stonewall Ministries
Homeless Program
$5,000.00
Via De Anza Sidewalk
Project $10,000.00
$5,000.00
FY 2021-
2022 Unallocated Balance $28,500.00 Via De Anza Sidewalk Project $28,500.00
FY 2022-
2023
Emergency Sidewalk
Repairs $15,000.00 Via De Anza Sidewalk
Project $15,000.00
FY 2022-
2023 Program Administration $4,152.09 Via De Anza Sidewalk Project $4,152.09
Total $67,121.00
P
repared by:
___________________________________________
Andrew Lee, E.I.T.- Assistant Engineer
A
pproved by:
___________________________________________
A
rmando J. Garcia Baldizzone, P.E. - City Engineer

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Staff Report

City Council

Item No. 6.A

Meeting Date: December 13, 2023
From: Kevin Biersack, Financial Services Director
Title: ASSEMBLY BILL (AB) 1600 FISCAL YEAR 2022/2023

DEVELOPMENT IMPACT FEE REPORT

City Council

RECOMMENDATION:

Staff recommends that the City Council approve a resolution accepting the Annual AB 1600 Development Fee Report for the Fiscal Year 2022/2023.

BACKGROUND:

Following the passage of Proposition 13 in 1978, many cities began charging fees on new development to fund public improvements and services. These fees are commonly known as development impact fees. To ensure these fees are spent in a timely manner and on projects for which they were being collected, the State Legislature passed a bill known as AB 1600, the Mitigation Fee Act. This bill applies to developer fees imposed or increased on or after January 1, 1989.

DISCUSSION:

State law, Government Codes 66000 through 66006, requires agencies to annually review the status of development impact fees they collect and file in the AB 1600, Development Impact Fee Report. Development fees are defined by the State as a “monetary exaction, other than a tax or special assessment, charged by a local agency to the applicant in connection with the approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees” such as application fees, building permit fees, etc. The AB 1600 report must include the beginning and ending balances, fees collected, interest earned, other income (if any) and expenditures made for each established fee. The report also identifies the capital projects to be funded by the respective development fees.

The City currently collects twelve (13) such fees subject to review under State law. The fees are collected as follows:

Project Area Fee Title / Purpose Fee

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Citywide Master Underground Plan
(MUP)
$0.15 per sq. ft. of Building Area
Citywide Fire and Police Facilities Fund 66.67% of $150 to $450 per 1,000 sq. ft. of Building Area
Citywide Traffic Signalization 33.33% of $150 to $450 per 1,000 sq. ft. of Building Area
Citywide City Yard Vehicle Storage Res. $95/unit
Retail Comm. $587/acre
Non-Retail Comm./Ind. $454/acre
Citywide Police Community Center Res. $21/unit
Retail Comm. $132/acre
Non-Retail Comm./Ind. $102/acre
Citywide Public Safety Training Site Res. $18/unit
Retail Comm. $110/acre
Non-Retail Comm./Ind. $85/acre
Citywide Public Safety Facilities Res. $570/unit
Retail Comm. $3,513 per acre
Non-Retail Comm./Ind. $2,714/acre
Citywide Road and Traffic Facilities Res. $987/unit
Retail Comm. $30,066/acre
Non-Retail Comm./Ind. $10,165/acre
Citywide Interchange and Bridges Res. $86/unit
Retail Comm. $4,145/acre
Non-Retail Comm./Ind. $1,500/acre
Citywide Bikeways Facilities Res. $51/unit
Retail Comm. $167/acre
Non-Retail Comm./Ind. $129/acre
Citywide Trail Facilities Res. $53/unit
Retail Comm. $173/acre
Non-Retail Comm./Ind. $134/acre
Citywide Park and Recreation Facilities Res. $1,577/unit Retail Comm. $5,141/acre
Non-Retail Comm./Ind. $3,973/acre
Citywide Transit Development Fee $5.00/lineal foot for arterial streets

The draft AB 1600 report was provided to the Executive Director of the Desert Valley Builders Association (DVBA) for review and comment. In response to the comments provided by DVBA City staff has included the Master Underground Plan Fund and corrected the formatting issues brought to staff’s attention.

The law requires the City provide public notice no less than 15 days prior to holding a public meeting to review the accounts. The public notice was published on November 26, 2023 in the local newspaper. The attached report provides the details of the AB 1600 report.

FISCAL IMPACT:

Development Impact Fees totaling $ 173,214 were collected during FY 2022/2023.

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In publishing the City’s annual financial report, the Government Auditing Standards Board (GASB) Statement No. 31 requires a snapshot at the end of the fiscal year (a June 30th temporary journal entry with a reversing journal entry on July 1st to capture the status of the City’s investments held at that specific moment in time. If the City was in a position where we had to cash in all our investments at that specific moment, this adjustment reflects either an increase or decrease based on the current fair market value (FMV) of the investments. With the general conditions of the investment market positions on 6/30/2023, it turns out this fiscal year the City had to record negative interest; whereas, in most of the previous fiscal years we have been recording an increase in interest.

It is important to note, the City holds investments until maturity. In doing so, the value of each investment is the (secure) value published in the quarterly report our City Treasurer provides to our City Council. As a result of each investment being held until it reaches its maturity date, the City does not record a loss.

FIVE-YEAR STRATEGIC PLAN:

Goal C: Fiscal Stability and Sustainability

Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

ATTACHMENTS:

AB 1600 FY23 Report Revised with MUP complete
DVBA Letter
Resolution_AB 1600 report

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CITY OF CATHEDRAL CITY
ASSEMBLY BILL (AB) 1600
DEVELOPMENT IMPACT FEE REPORT
FISCAL YEAR (FY) 2022/2023

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TABLE OF CONTENTS

Page

I. Introduction  1
II. Fiscal Year 2022/2023 Annual Report  2
III. Tables
Table 1 – Proposed Funding Sources – Ongoing and Future Projects  8 Table 2 – Date Proposed Funding Sources Expected to be Received  9 IV. Appendices:

Appendix A  Master Underground Plan Fee Summary   10
Appendix B  Fire & Police Facilities/Equipment Fee Summary    11 Appendix C  Traffic Signalization Fee Summary    12
Appendix D  City Yard Vehicle Storage Fee Summary  13
Appendix E  Police Community Center Fee Summary  14
Appendix F  Public Safety Training Site Fee Summary  15 Appendix G  Public Safety Facilities Fee Summary  16
Appendix H  Road and Traffic Facilities Fee Summary  17 Appendix I  Interchange and Bridges Fee Summary  18
Appendix J  Bikeway Facilities Fee Summary  19
Appendix K  Trail Facilities Fee Summary  20
Appendix L  Park and Recreation Facilities Fee Summary  21 Appendix M  Transit Development Fee Summary    22

V. Glossary of Terms     23

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I. INTRODUCTION

Sections  66001  and  66006  of  the  Government  Code  provide  that  the  City  of  Cathedral  City (“City”)  shall  make  available  to  the  public  certain  information  and  adopt  described  findings relative  to  development  impact  fees  (“Reportable  Fees”)  collected  pursuant  to  Section  66000 et seq. of the Government Code.

Government Code Section 66006 requires local agencies to  submit an annual report detailing the status of development impact fees. The annual report must be made available to the public within 180 days after the last day of the fiscal year. Also, it must be presented to the governing body of the public agency, e.g., City Council, not later than 15 days after it is made available to the public.

The described information and findings relate to Reportable Fees received, expended or to be expended in connection with public facilities to accommodate new development, if funded or partially  funded  with  Reportable  Fees.  The  Reportable  Fees  do  not  include  mitigation payments,  special  tax  proceeds,  proceeds  of  bonds,  or  letters  of  credit  to  secure  payment  of Reportable Fees at a future date. Reportable Fees have not been levied, collected, or imposed for general revenue purposes.

For the fifth fiscal year following the first deposit, and every five years thereafter, Government Code  Section  66001(d)  requires  local  agencies  to  make  certain  findings  with  respect  to  the portion of the fund or account that remains unexpended, whether committed or uncommitted.

The  following  Annual  Report  for  Fiscal  Year  (FY)  2022/2023  includes  the  information  and proposed findings the City intends to review and adopt in accordance with Sections 66001 and 66006 of the Government Code.  Findings required by Government Code Section 66001(d) were last presented in FY 2021/2022 and will be presented once again in the FY 2023/2024 report.

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II. FISCAL YEAR 2022/2023 ANNUAL REPORT

In accordance with Government Code Section 66006 (b)(1) and (2), the City hereby presents the following information for FY 2022/2023:

A. Description  of  the  Type  of  Reportable  Fees  in  the  Account  or  Sub‐account(s)  of  the  City [Government Code Section 66006 (b)(1)(A)]
The Reportable Fees of the City for FY 2022/2023 consist of development impact fees for the following public facilities:
 Master Underground Plan (Appendix A)
To  be  used  for  community  lines  and  regional  transmission  lines  which  require undergrounding.

 Fire and Police Facilities/Equipment (Appendix B)
To  be  used  to  provide  sites,  facilities,  and  equipment  required  by  the  demand  for services from new developments in the city.

 Traffic Signalization (Appendix C)
To  be  used  for  signalization  of  additional  intersections  required  by  traffic  safety demands resulting from new developments.

 City Yard Vehicle Storage (Appendix D)
To  be  used  for  construction  of  a  Public  Works  City  Yard  to  serve  future  development north and south of I‐10.

 Police Community Center (Appendix E)
To be used for construction of a Police Community Center to serve future development north and south of I‐10.

 Public Safety Training Site (Appendix F)
To  be  used  for  construction  of  a  Public  Safety  Training  Center  to  serve  future development north and south of I‐10.

 Public Safety Facilities (Appendix G)
To  be  used  for  construction  of  a  public  safety  building  and  acquisition  of  marked vehicles to serve future development north of I‐10.

 Road and Traffic Facilities (Appendix H)
To  be  used  for  construction  of  roads  and  installation  of  traffic  signals  to  serve  future development north of I‐10.

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 Interchange and Bridges (Appendix I)
To  be  used  for  construction  of  interchanges  and  bridges  to  serve  future  development north and south of I‐10.

 Bikeway Facilities (Appendix J)
To be used for construction of bikeways to serve future development north of I‐10.

 Trail Facilities (Appendix K)
To  be  used  for  construction  of  citywide  trails  to  serve  future  development  north  and south of I‐10.

 Park and Recreation Facilities (Appendix L)
To  be  used  for  construction  of  park  improvements  and  recreation  facilities  to  serve future development north and south of I‐10.

 Transit Development (Appendix M)
To be used for construction of bus turnouts to mitigate traffic impacts caused by new development.

B. Amount of the Reportable Fees [Government Code Section 66006 (b)(1)(B)] The Reportable Fee amounts for FY 2022/2023 are identified on each fee’s summary page, which are included as Appendices A through M

C. Beginning  and  Ending  Fund  Balances  of  Accounts  and  Sub‐Accounts  [Government  Code Section 66006 (b)(1)(C)]
Appendices  A  through  M  list  the  beginning  and  ending  fund  balances  for  each  of  the Reportable Fee  accounts  for  FY  2022/2023.  The  appendices  also  include  a  summary  of  all fiscal years.

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D. Amount of the Reportable Fees Collected and Interest Earned [Government Code Section 66006 (b)(1)(D)]
Appendices  A  through  M  show  the  amount  of  Reportable  Fees  collected,  interest  earned and  miscellaneous  income,  if  any,  during  FY  2022/2023.  The  appendices  also  include  a summary of all fiscal years.

E. Identification  of  Each  Improvement  on  Which  Reportable  Fees  Were  Expended  and  the Amount of the Expenditures on Each Improvement, Including the Total Percentage of the Cost of Each Project of the City that Was Funded with Reportable Fees [Government Code Section 66006 (b)(1)(E)]
Appendices A through M show the amount of Reportable Fees expended on Public Facilities during FY 2022/2023. The appendices also include a summary of all fiscal years.

Table 1 (Proposed Funding Sources – Ongoing and Future Projects) on page 13 identify the total Reportable Fees projected to be used on public facilities projects currently in process or that will be started in the future once the required funds have been accumulated. The table also identifies the other funding sources to be utilized and the percentage of the total cost proposed to be funded from Reportable Fees.

F. Identification of an Approximate Date by Which the Construction of Project(s) of the City will  Commence  if  the  City  Determines  that  Sufficient  Funds  Have  Been  Collected  to Complete Financing on an Incomplete Project of the City, as Identified in Paragraph (2) of Subdivision  (a)  of  Section  66001,  and  the  Project  of  the  City  Remains  Incomplete [Government Code Section 66006 (b)(1)(F)]
At  the  end  of  FY  2022/2023,  the  City  determined  that,  if  Reportable  Fees  continue  to  be collected  and  additional  funding  is  obtained,  it  will  have  sufficient  funds  to  continue construction on projects funded through the Mater Underground Plan Fee, Interchange and Bridge Facilities Fee, Park and Recreation Facilities Fee, and Transit Development Fee. The additional funding for these projects is received from traffic safety fines, City match funds, bond proceeds, grants, and the Reportable Fees.

Sufficient fees have not been collected or identified for projects to be funded through the Traffic  Signalization  Fee,  Fire  &  Police  Facilities/Equipment  Fee,  City  Yard  Vehicle  Storage Fee, Police Community Center Fee, Public Safety Training Site Fee and Trail Facilities Fee. As such, a construction start date is not available.

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Sufficient  fees  have  not  yet  been  collected  for  projects  to  be  funded  through  the  Public Safety Facilities Fee, Road and Traffic Facilities Fee and Bikeways Facilities Fee. The projects to be funded with these fees are located north of Interstate I‐10 and development has yet to occur. As such, a construction start date is not available.

Refer to Table 2 (Date Proposed Funding Sources Expected to Be Received) on page 7.

G. Description of Each Interfund Transfer or Loan Made from the Account or Sub‐Account(s), Including Project(s) of the City on Which the Transferred or Loaned Reportable Fees Will Be Expended, and, in the Case of an Interfund Loan, the Date on Which the Loan Will Be Repaid, and the Rate of Interest that the Account or Sub‐Account(s) Will Receive on the Loan [Government Code Section 66006 (b)(1)(G)]
No transfers or loans of Reportable Fees were made in FY 2022/2023.

H. The  Amount  of  Refunds  Made  or  Revenues  Allocated  for  Other  Purposes  if  the Administrative  Costs  of  Refunding  Unexpended  Revenues  Exceed  the  Amount  to  be Refunded [Government Code Section 66006 (b)(1)(H)]
No  refunds  of  Reportable  Fees  under  applicable  laws  were  made  in  FY  2022/2023.

Furthermore, no refunds are required under applicable law.

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CITY OF CATHEDRAL CITY
Date Proposed Funding Sources
Expected to be Received
Fiscal Year 2022/23
Development Impact Fee CIP Project Project Start Future Commitments City Match
Funds
Edison
Rule 20 A
Other
Sources
Master Underground Utility Undergrounding 1990 Ongoing NA NA NA Fire/Police Facilities/Equipment Fire Station Not Yet Scheduled FY 2021-22 and beyond NA NA FY 2022-23 and beyond Traffic Signalization Signal at Cathedral Canyon and Paseo Real Not Yet Scheduled FY 2021-22 and be yond NA NA FY 2022-23 and be yond Traffic Signalization Signalization at Date Palm Dr, I-10 to Varner Not Yet Scheduled FY 2021-22 and be yond NA NA FY 2022-23 and be yond City Yard Vehicle Storage Vehicle Storage Facility Not Yet Scheduled FY 2021-22 and beyond NA NA FY 2022-23 and beyond Police Community Center Police Community Center Not Yet Scheduled FY 2021-22 and beyond NA NA FY 2022-23 and beyond Public Safety Training Site Public Safety Training Site Not Yet Scheduled FY 2021-22 and beyond NA NA FY 2022-23 and beyond Public Safety Facilities Public Safety Building (north of I-10) Not Yet Scheduled Unknown* NA NA Unknown* Public Safety Facilities Marked Vehicles (north of I-10) Not Yet Scheduled Unknown* NA NA Unknown* Road & Traffic Facilities Road Construction (north of I-10) Not Yet Scheduled Unknown* NA NA Unknown* Road & Traffic Facilities Traffic Signals (north of I-10) Not Yet Scheduled Unknown* NA NA Unknown* Interchange & Bridges Bridge - Date Palm Drive Over Whitewater 2006 FY 2019-20 and beyond NA NA FY 2019-20 and FY 2019-20 Interchange & Bridges Ramon Rd Bridge 2017 FY 2021-22 and beyond NA NA FY 2022-23 and beyond Interchange & Bridges Cathedral Canyon Bridge 2020 FY 2021-22 and beyond NA NA FY 2022-23 and beyond Bikeway Facilities Bikeways - Varner Road (north of I-10) Not Yet Scheduled Unknown* NA NA Unknown* Bikeway Facilities Bikeways - Date Palm Drive (north of I-10) Not Yet Scheduled Unknown* NA NA Unknown* Trail Facilities City-Wide Trails Not Yet Scheduled FY 2021-22 and beyond NA NA FY 2022-23 and beyond Park & Recreation Facilities Fountain of Life Rehabilitation 2022 Ongoing NA NA FY 2022-23 and beyond Park & Recreation Facilities Park Improvement and Maintenance Plan 2021 Ongoing NA NA FY 2022-23 and beyond Park & Recreation Facilities Community Center and Pool Not Yet Scheduled FY 2021-22 and beyond NA NA FY 2022-23 and beyond Park & Recreation Facilities Festival Park 2015 FY 2021-22 and beyond NA NA FY 2022-23 and beyond Park & Recreation Facilities Cove Park 2018 (Preliminary) FY 2021-22 and beyond NA NA FY 2022-23 and beyond Transit Development Bus Turnouts 1991 Ongoing NA NA NA
* Fees related to activities north of Interstate I-10. Date(s) as to when development of this area will begin are unknown at this time.

The approximate dates on which the funds are expected to be available for the public facilities projects identified by the City are included above.

Anticipated Date of Funding
Table 2

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CITY OF CATHEDRAL CITY
Proposed Funding Sources - Ongoing and Future Projects
Fiscal Year 2022/23
Development Impact Fee CIP Project
Future
Commitments
Other
Sources Total
% Funded
by Fees
Master Underground Utility Undergrounding 2,690,473 - 2,690,473 100.0 % Fire/Police Facilities/Equipment Fire Station 3,066,533 5,433,467 8,500,000 36.1% Traffic Signalization*
Signal at Cathedral Canyon and
Paseo Real 75,000 - 75,000 100.0% Traffic Signalization*
Signalization at Date Palm Dr, I-10 to
Varner 586,789 586,789 100.0% City Yard Vehicle Storage Vehicle Storage Facility 1,181,532 2,019,325 3,200,857 36. 9% Police Community Center Police Community Center 265,845 454,348 720,193 36. 9% Public Safety Training Site Public Safety Training Site 221,537 378,624 600 ,161 36.9% Public Safety Facilities Public Safety Building (north of I-10) 2,133,905 - 2,133,905 100.0% Public Safety Facilities Marked Vehicles (north of I-10) 298,747 - 298,747 100.0% Road & Traffic Facilities Road Construction (north of I-10) 11,913,743 - 11,913,743 100.0% Road & Traffic Facilities Traffic Signals (north of I-10) 1,200,000 - 1,200,000 100.0% Interchange & Bridges Ramon Rd Bridge 131,879 1,150,000 1,281,879 10.3% Interchange & Bridges Cathedral Canyon Bridge 200,000 26,521,250 26,721,250 0.7% Bikeway Facilities Bikeways - Varner Road (north of I-10) 69,352 - 69,352 100.0% Bikeway Facilities
Bikeways - Date Palm Drive (north of I-
10) 53,348 - 53,348 100.0% Trail Facilities Citywide Trails 504,268 - 504,268 100.0% Park & Recreation Facilities Fountain of Life Rehabilitation 13,877 - 13,877 100.0% Park & Recreation Facilities
Park Improvement and Maintenance
Plan 547,652 1,443,000 1,990,652 27.5% Park & Recreation Facilities Festival Parks 102,666 3,200,000 3,302,666 3.1% Park & Recreation Facilities Parks, Community Center and Pool 14,938,749 30,628,550 45,567 ,299 32.8% Park & Recreation Facilities Cove Park 750,000 - 750,000 100.0% Transit Development Bus Turnouts 231,540.00 - 231,540.00 100.0% Total $ 38,486,962 $ 71,228,564 $ 109,715,526 35.1% * Projects related to new development, both in progress and planned. Not formally adopted until new development is completed.

Table 1

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Fee Amount: $0.15 per square foot of building area
Resolution No. 90-94 (Municipal Code - Chapter 8.30)
Date Adopted: 10-3-1990
Amended: 6-26-17 Resolution No. 2017-32
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 2,129,033 Sources of Funds:

D.I.F. Revenues 39,550
Interest Income/(Expense) 42,310 Miscellaneous Income - Total Sources of Funds 81,860
Uses of Funds:

Capital Projects (2,200)
Total Uses of Funds (2,200)
Ending Fund Balance - 6/30/23 $ 2,208,693 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 2,129,033 Activities in 2022 - 2023 $ 39,550 $ 42,310 $ 2,200 $ - $ 79,660 2,208,693 Total $ 39,550 $ 42,310 $ 2,200 $ - $ 79,660 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
Previously completed projects $ - $ 492,753 $ 492,753 $ - $ 492,753 8989 - Utility Undergrounding 2,200 91,033 93,233 2,6 90,473 2,783,706 2017 Total $ 2,200 $ 583,786 $ 585,986 $ 2,690,473 $ 3,276,459 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 1,838,543 $ 558,238 $ 570,786 $ 1,825,995$ 585,986 $ 1,810,795$ FY 2018 - 19 54,864 60,252 - 115,116 - 115,116 FY 2019 - 20 79,279 54,414 - 133,693 - 133,693 FY 2020 - 21 80,136 2,671 - 82,807 - 82,807 FY 2021 - 22 22,699 (38,276) 13,000 (28,577) - (15,577) FY 2022 - 23 39,550 42,310 2,200 79,660 - 81,860 Five year subtotal 276,527 121,370 15,200 382,698 - 397,898 GRAND TOTAL 2,115,070 $ 679,608 $ 585,986 $ 2,208,693$ 585,986 $ 2,208,693$ Future commitments 2,690,473$
Net unspent funds /
(funding shortfall) (481,780)$

APPENDIX A
Master Underground Plan
Fee Summary
Fiscal Year 2022-2023

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Fee Amount: 66.67% of $150 to $450 per 1,000 feet of building area Municipal Code - Chapter 3.17
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 319,830 Sources of Funds:

D.I.F. Revenues 20,262
Interest Income/(Expense) 6,229 Miscellaneous Income - Total Sources of Funds 26,491
Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 346,321 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 319,830 Activities in 2022 - 2023 $ 20,262 $ 6,229 $ - $ - $ 26,491 346,321 Total $ 20,262 $ 6,229 $ - $ - $ 26,491 Expenditure Summary
Capital Improvement Facilities
FY 2022 - 2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Yea
r
Commitment
was Made
Previously completed projects $ - $ 1,709,332 $ 1,709,332 $ - $ 1,709,332 New Fire Station - - - 3,066,533 3,066,533 2006 Total $ - $ 1,709,332 $ 1,709,332 $ 3,066,533 $ 4,775,865 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 1,746,704 $ 48,485 $ 1,697,913$ (318,436) $ 1,674,332 $ 120,857 $ FY 2018 - 19 46,700 4,029 - 50,729 - 50,729 FY 2019 - 20 73,300 5,878 2,166 77,012 - 79,178 FY 2020 - 21 81,800 776 9,253 73,323 - 82,576 FY 2021 - 22 27,198 (5,708) - 21,490 - 21,490 FY 2022 - 23 20,262 6,229 - 26,491 - 26,491 Five year subtotal 249,260 11,204 11,419 249,045 - 260,464 GRAND TOTAL 1,995,964 $ 59,689 $ 1,709,332$ (69,391) $ 1,674,332$ 381,321 $ Future commitments 3,066,533$
Net unspent funds /
(funding shortfall) (2,685,212)$

APPENDIX B
Fire & Police Facilities/Equipment
Fee Summary
Fiscal Year 2022 - 23

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Fee Amount: 33.33% of $150 to $450 per 1,000 square feet of building area Municipal Code - Chapter 3.17
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 204,476 Sources of Funds:

D.I.F. Revenues 8,688
Interest Income/(Expense) 4,011 Miscellaneous Income - Total Sources of Funds 12,699
Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 217,176 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 204,476 Activities in 2022 - 2023 $ 8,688 $ 4,011 $ - $ - $ 12,699 217,176 Total $ 8,688 $ 4,011 $ - $ - $ 12,699 Expenditure Summary
Capital Improvement Facilities
FY 2022 -2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
Previously completed projects $ - $ 1,156,989 $ 1,086,773 $ - $ 1,086,773 Signal at Cathedral Canyon and Paseo Real 75,000 75,000 2020 Signalization at Date Palm Dr, I-10 to Varner 586,789 586,789 2021 Total $ - $ 1,156,989 $ 1,086,773 $ 661,789 $ 1,748,562 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 1,165,942 $ 78,545 $ 1,156,989$ 87,498 $ 1,156,989$ 87,498 $ FY 2018 - 19 23,350 3,275 - 26,625 - 26,625 FY 2019 - 20 36,650 4,000 - 40,650 - 40,650 FY 2020 - 21 40,900 502 - 41,402 - 41,402 FY 2021 - 22 11,952 (3,651) - 8,301 - 8,301 FY 2022 - 23 8,688 4,011 - 12,699 - 12,699 Five year subtotal 121,540 8,138 - 129,678 - 129,678 GRAND TOTAL 1,287,482 $ 86,683 $ 1,156,989$ 217,176 $ 1,156,989 $ 217,176 $ Future commitments 661,789$
Net unspent funds /
(funding shortfall) (444,613)$

APPENDIX C
Traffic Signalization
Fee Summary
Fiscal Year 2022 - 23

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Fee Amount: Residential: $95 per unit, Retail Commercial: $587 per acre, Non-Retail Commercial/Industrial: $454 per acre.

Resolution No. 2006-1
Date Adopted: 1-25-06
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 162,872 Sources of Funds:

D.I.F. Revenues 5,395
Interest Income/(Expense) 8,426 Miscellaneous Income - Total Sources of Funds 13,821
Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 176,693 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 162,872 Activities in 2022 - 2023 $ 5,395 $ 8,426 $ - $ - $ 13,821 176,693 Total $ 5,395 $ 8,426 $ - $ - $ 13,821 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
City Yard (Vehicle Storage Facility) $ - $ - $ - $ 1,181,532 $ 1,181,532 2006 Total $ - $ - $ - $ 1,181,532 $ 1,181,532 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 75,516 $ 7,412 $ - $ 88,498$ 11,347 $ 71,581 $ FY 2018 - 19 13,579 3,008 - 16,587 - 16,587 FY 2019 - 20 22,901 3,571 - 26,471 - 26,471 FY 2020 - 21 30,983 548 - 31,531 - 31,531 FY 2021 - 22 8,428 (3,074) - 5,354 - 5,354 FY 2022 - 23 5,395
8,426 - 13,821 - 13,821 Five year subtotal 81,286 12,479 - 93,765 - 93,765 GRAND TOTAL 156,802 $ 19,891 $ - $ 182,263$ 11,347 $ 165,346 $ Future commitments 1,181,532$
Net unspent funds /
(funding shortfall) (1,016,186)$

APPENDIX D
City Yard Vehicle Storage
Fee Summary
Fiscal Year 2022 - 23

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Fee Amount: Residential: $21 per unit, Retail Commercial: $132 per acre, Non-Retail Commercial/Industrial: $102 per acre.

Resolution No. 2006-1
Date Adopted: 1-25-06
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 36,295 Sources of Funds:

D.I.F. Revenues 1,193
Interest Income/(Expense) 1,877 Miscellaneous Income - Total Sources of Funds 3,070
Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 39,365 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 36,295 Activities in 2022 - 2023 $ 1,193 $ 1,877 $ - $ - $ 3,070 39,365 Total $ 1,193 $ 1,877 $ - $ - $ 3,070 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
Police Community Center $ - $ - $ - $ 265,845 $ 265,845 2006 Total $ - $ - $ - $ 265,845 $ 265,845 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 16,783 $ 1,679 $ - $ 19,694$ 2,515 $ 15,947 $ FY 2018 - 19 3,011 671 - 3,682 - 3,682 FY 2019 - 20 5,074 802 - 5,876 - 5,876 FY 2020 - 21 6,854 122 - 6,976 - 6,976 FY 2021 - 22 1,982 (684) - 1,298 - 1,298 FY 2022 - 23 1,193 1,877
- 3,070 - 3,070 Five year subtotal 18,115 2,788 - 20,903 2,515 20,903 GRAND TOTAL 34,898 $ 4,467 $ - $ 40,597$ 5,030 $ 36,850 $ Future commitments 265,845$
Net unspent funds /
(funding shortfall) (228,995)$

APPENDIX E
Police Community Center
Fee Summary
Fiscal Year 2022 - 23

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Fee Amount: Residential: $18 per unit, Retail Commercial: $110 per acre, Non-Retail Commercial/Industrial: $85 per acre.

Resolution No. 2006-1
Date Adopted: 1-25-06
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 30,188 Sources of Funds:

D.I.F. Revenues 1,022
Interest Income/(Expense) 1,563 Miscellaneous Income - Total Sources of Funds 2,584
Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 32,773 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 30,188 Activities in 2022 - 2023 $ 1,022 $ 1,563 $ - $ - $ 2,584 32,773 Total $ 1,022 $ 1,563 $ - $ - $ 2,584 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
Public Safety Training Site $ - $ - $ - $ 221,537 $ 221,537 2006 Total $ - $ - $ - $ 221,537 $ 221,537 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 14,216 $ 1,422 $ - $ 15,638$ - $ 15,638$ FY 2018 - 19 2,014 569 - 2,582 - 2,582 FY 2019 - 20 4,314 657 - 4,971 - 4,971 FY 2020 - 21 5,867 101 - 5,969 - 5,969 FY 2021 - 22 1,597 (568) - 1,028 - 1,028 FY 2022 - 23 1,022 1,563
- 2,584 - 2,584 Five year subtotal 14,814 2,320 - 17,134 - 17,134 GRAND TOTAL 29,030 $ 3,742 $ - $ 32,772$ 32,772 $ 32,773 $ Future commitments - 221,537$ Net unspent funds /
(funding shortfall) 49,907$ (188,764) $

APPENDIX F
Public Safety Training Site
Fee Summary
Fiscal Year 2022 - 23

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Fee Amount: Residential: $570 per unit, Retail Commercial: $3,513 per acre, Non-Retail Commercial/Industrial: $2,714 per acre.

Resolution No. 2006-1
Date Adopted: 1-25-06
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 6,754 Sources of Funds:

D.I.F. Revenues -
Interest Income/(Expense) 342 Miscellaneous Income - Total Sources of Funds 342
Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 7,096 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 6,754 Activities in 2022 - 2023 $ - $ 342 $ - $ - $ 342 7,096 Total $ - $ 342 $ - $ - $ 342 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
Public safety building (north of I-10) $ - $ - $ - $ 2,133,905 $ 2,133,905 2006 Marked vehicles (north of I-10) - - - 298,747 298,747 2006 Total $ - $ - $ - $ 2,432,652 $ 2,432,652 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 4,953 $ (8) $ - $ 4,945$ - $ 4,945$ FY 2018 - 19 949 190 - 1,139 - 1,139 FY 2019 - 20 18 185 - 203 - 203 FY 2020 - 21 - 25 - 25 - 25 FY 2021 - 22 570 (129) - 441 - 441 FY 2022 - 23 - 342 - 342 - 342 Five year subtotal 1,537 614 - 2,150 2,150 2,150 GRAND TOTAL 6,490 $ 606 $ - $ 7,095$ 7,095 $ 7,096 $ Future commitments 9,587$ 2,432,652 $ Net unspent funds /
(funding shortfall) (2,425,556)$

APPENDIX G
Public Safety Facilities
Fee Summary
Fiscal Year 2022 - 23

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Attachment: AB 1600 FY23 Report Revised with MUP complete (4014 : ASSEMBLY BILL (AB) 1600 FISCAL YEAR 2022/2023 DEVELOPMENT 235-3311-1404
Fee Amount: Residential: $987 per unit, Retail Commercial: $30,066 per acre, Non-Retail Commercial/Industrial: $10,165 per acre.

Resolution No. 2006-1
Date Adopted: 1-25-06
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 53,653 Sources of Funds:

D.I.F. Revenues -
Interest Income/(Expense) 2,716 Miscellaneous Income - Total Sources of Funds 2,716
Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 56,369 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 53,653 Activities in 2022 - 2023 $ - $ 2,716 $ - $ - $ 2,716 56,369 Total $ - $ 2,716 $ - $ - $ 2,716 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
Road construction (north of I-10) $ - $ - $ - $ 11,913,743 $ 11,913,743 2006 Traffic signals (north of I-10) $ - $ - $ - $ 1,200,000.00 $ 1,200,000.00 2006 Total $ - $ - $ - $ 13 ,113,743 $ 13,113,743 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 42,393 $ (68) $ - $ 42,325$ - $ 42,325$ FY 2018 - 19 8,118 1,625 - 9,743 - 9,743 FY 2019 - 20 - 1,572 - 1,572 - 1,572 FY 2020 - 21 - 215 - 215 - 215 FY 2021 - 22 987 (1,188) - (201) - (201)

FY 2022 - 23 - 2,716 - 2,716 - 2,716 Five year subtotal 9,105 4,939 - 14,044 14,044 14,044 GRAND TOTAL 51,498 $ 4,871 $ - $ 56,369$ 56,369 $ 56,369 $ Future commitments 73,129$ 13,113,743 $ Net unspent funds /
(funding shortfall) (13,057,374)$

APPENDIX H
Road and Traffic Facilities
Fee Summary
Fiscal Year 2022 - 23

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Fee Amount: Residential: $86 per unit, Retail Commercial: $4,145 per acre, Non-Retail Commercial/Industrial: $1,500 per acre.

Resolution No. 2006-1
Date Adopted: 1-25-06
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 280,804 Sources of Funds:

D.I.F. Revenues 5,932
Interest Income/(Expense) 13,138 Miscellaneous Income - Total Sources of Funds 19,070
Uses of Funds:

Capital Projects (47,351)
Total Uses of Funds (47,351)
Ending Fund Balance - 6/30/23 $ 252,523 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 280,804 Activities in 2022 - 2023 $ 5,932 $ 13,138 $ 47,351 $ - $ (28,281) 252,523 Total $ 5,932 $ 13,138 $ 47,351 $ - $ (28,281) Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
Previously completed projects $ - $ 7,971 $ 7,971 $ - $ 7,971 8899 - Vista Chino Bridge $ 21,211 $ - $ 21,211 $ - $ 21,211 2500 - Ramon Rd Bridge $ 26,140 $ 112,186 $ 138,326 $ 131,879 $ 270,205 2017 8919 - Cathedral Canyon Bridge $ 200,000 $ 200,000 2020 Total $ 47,351 $ 120,157 $ 167,508 $ 331,879 $ 499,387 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 219,587 $ 22,075 $ 50,885 $ 190,777 $ 120,156 $ 121,507 $ FY 2018 - 19 22,321 6,039 19,408 8,952 - 28,360 FY 2019 - 20 39,241 4,064 1,630 41,675 - 43,305 FY 2020 - 21 36,746 1,025 883 36,889 36,889 37,771 FY 2021 - 22 7,793 (5,282) - 2,511 2,511 -
FY 2022 - 23 5,932 13,138 47,351 81,075 - 19,070 Five year subtotal 112,032 18,985 69,271 171,102 39,400 128,506 GRAND TOTAL 331,619 $ 41,060 $ 120,156 $ 361,879 $ 159,556 $ 250,012 $ Future commitments 331,879$
Net unspent funds /
(funding shortfall) (81,867)$

APPENDIX I
Interchange and Bridges
Fee Summary
Fiscal Year 2022 - 23

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Attachment: AB 1600 FY23 Report Revised with MUP complete (4014 : ASSEMBLY BILL (AB) 1600 FISCAL YEAR 2022/2023 DEVELOPMENT 235-3311-1406
Fee Amount: Residential: $51 per unit, Retail Commercial: $167 per acre, Non-Retail Commercial/Industrial: $129 per acre.

Resolution No. 2006-1
Date Adopted: 1-25-06
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 342 Sources of Funds:

D.I.F. Revenues -
Interest Income/(Expense) 17 Miscellaneous Income - Total Sources of Funds 17 Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 360 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 342 Activities in 2022 - 2023 $ - $ 17 $ - $ - $ 17 360 Total $ - $ 17 $ - $ - $ 17 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
Bikeways - Varner Road
(north of I-10)
$ - $ - $ - $ 6 9,352 $ 69,352 2006 Bikeways - Date Palm Drive
(north of I-10)
- - - 53,348 53,348 2006 Total $ - $ - $ - $ 122,700 $ 122,700 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 235 $ - $ - $ 235$ - $ 235$ FY 2018 - 19 45 7 - 52 - 52 FY 2019 - 20 - 7 - 7 - 7 FY 2020 - 21 - 1 - 1 - 1 FY 2021 - 22 51 (4) - 47 - 47 FY 2022 - 23 - 17 - 17 - 17 Five year subtotal 96 28 - 124 124 124 GRAND TOTAL 331 $ 28 $ - $ 359$ 359 $ 360 $ Future commitments 501$ 122,700 $ Net unspent funds /
(funding shortfall) (122,340)$

APPENDIX J
Bikeway Facilities
Fee Summary
Fiscal Year 2022 - 23

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Fee Amount: Residential: $53 per unit, Retail Commercial: $173 per acre, Non-Retail Commercial/Industrial: $134 per acre.

Resolution No. 2006-1
Date Adopted: 1-25-06
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 81,601 Sources of Funds:

D.I.F. Revenues 2,946
Interest Income/(Expense) 4,230 Miscellaneous Income - Total Sources of Funds 7,177
Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 88,778 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 81,601 Activities in 2022 - 2023 $ 2,946 $ 4,230 $ - $ - $ 7,177 88,778 Total $ 2,946 $ 4,230 $ - $ - $ 7,177 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
Citywide Trails $ - $ - $ - $ 504,268 $ 504,268 2006 Total $ - $ - $ - $ 504,268 $ 504,268 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 33,810 $ 3,314 $ - $ 37,124$ - $ 37,124$ FY 2018 - 19 9,014 1,438 - 10,453 - 10,453 FY 2019 - 20 11,975 1,730 - 13,705 - 13,705 FY 2020 - 21 16,907 268 - 17,175 - 17,175 FY 2021 - 22 4,684 (1,539) - 3,145 - 3,145 FY 2021 - 22 2,946 4,230
- 7,177 - 7,177 Five year subtotal 45,526 6,128 - 51,654 - 51,654 GRAND TOTAL 79,336 $ 9,442 $ - $ 88,778$ 88,778 $ 88,778 $ Future commitments - 504,268$ Net unspent funds /
(funding shortfall) 140,432$ (415,490) $

APPENDIX K
Trail Facilities
Fee Summary
Fiscal Year 2022 - 23

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Fee Amount: Residential: $1,577 per unit, Retail Commercial: $5,141 per acre, Non-Retail Commercial/Industrial: $3,973 per acre.

Resolution No. 2006-1
Date Adopted: 1-25-06
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 962,527 Sources of Funds:

D.I.F. Revenues 88,226
Interest Income/(Expense) 49,793 Miscellaneous Income - Total Sources of Funds 138,019
Uses of Funds:

Capital Projects (119,216)
Total Uses of Funds (119,216)
Ending Fund Balance - 6/30/23 $ 981,329 Unspent Funds Representing
Ending Fund Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 962,527 Activities in 2022 - 2023 $ 88,226 $ 49,793 $ 119,216 $ - $ 18,803 981,329 Total $ 88,226 $ 49,793 $ 119,216 $ - $ 18,803 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
7009 - Fitness Track Shade Structures - 19,242 19,242 - 19,242 2012 7021 - Dream Homes Lot A - 128,874 128,874 - 128,874 2018 7019 - Heritage Park Amphitheater 800,000 800,000 - 800,000 2018 Completed projects $ - $ 948,116 $ 948,116 $ - $ 948,116 Fountain of Life Rehabilitation $ 62,973 62,973 $ 13,877 76,850 2021 Park Improvement and Maintenance Plan 119,215 - 119,215 547,652 666,867 2021 7017 - Festival Parks - 139,334 139,334 102,666 242,000 2015 Cove Park - 164,370 164,370 750,000 914,370 2018 Parks, Community Center, and Pool - 39,720 3 9,720 14,938,749 14,978,469 2006 Total $ 119,215 $ 1,354,513 $ 1,473,728 $ 16,352,944 $ 1 7,826,672 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 1,032,833 $ 92,149 $ 459,162 $ 665,820 $ 665,820 $ - $ FY 2018 - 19 203,149 25,314 39,720 620,988 228,463 - FY 2019 - 20 356,266 15,263 800,000 (428,471) 153,322 218,207 FY 2020 - 21 503,040 2,375 - 505,415 - 505,415 FY 2021 - 22 137,795 (18,104) 88,670 31,020 - 119,691 FY 2022 - 23 88,226 49,793 119,216 18,803 - 138,019 Five year subtotal 1,288,475 74,641 1,047,606 747,755 381,785 981,331 GRAND TOTAL 2,321,308 $ 166,790 $ 1,506,768$ 1,413,575 $ 1,047,605 $ 981,329 $ Future commitments 16,352,944$
Net unspent funds /
(funding shortfall) (15,371,615)$

APPENDIX L
Park and Recreation Facilities
Fee Summary
Fiscal Year 2022 - 23

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Fee Amount: $5.00 per lineal foot for arterial streets
Resolution No. 91-52 (Municipal Code - Chapter 14.10)
Date Adopted: 7-2-1991
Account Description Amount
Beginning Fund Balance - 7/1/22 $ 33,480 Sources of Funds:

D.I.F. Revenues -
Interest Income/(Expense) 1,695 Miscellaneous Income - Total Sources of Funds 1,695
Uses of Funds:

Capital Projects -
Total Uses of Funds -
Ending Fund Balance - 6/30/23 $ 35,174 Unspent Funds Representing Ending Fund
Balance Collections
Interest
Earned Expenditures Commitments
Annual
Unspent
Funds
Net
Unspent
Funds
Carry Forward Net Unspent Funds $ 33,480 Activities in 2022 - 2023 $ - $ 1,695 $ - $ - $ 1,695 35,174 Total $ - $ 1,695 $ - $ - $ 1,695 Expenditure Summary
Capital Improvement Facilities
FY 2022-2023
Expenditures
Prior Fiscal Years
Expenditures
Total Expenditures
To Date
Future
Commitments
Total
Projected
Expenditures
Year
Commitment
was Made
8945 - Bus Turnouts
(city-wide major streets)
$ - $ 168,460 $ 168,460 $ 231,540 $ 400,000 2001 Total $ - $ 168,460 $ 168,460 $ 231,540 $ 400,000 Five Year Summary
Fiscal Year
Fee Revenues/
Misc. Income Interest
Expenditures
Incurred
Annual
Unspent Funds
Expenditures
Applied
Net
Unspent Funds
As of June 30, 2018 135,464 $ 43,108 $ 135,758 $ 34,182 $ 168,461 $ 10,112 $ FY 2018 - 19 11,820 987 32,702 45,509 - 12,807 FY 2019 - 20 4,655 807 - 5,462 - 5,462 FY 2020 - 21 5,615 117 - 5,732 - 5,732 FY 2021 - 22 - (633) - (633) - (633) FY 2022 - 23 - 1,695 - 1,695 - 1,695 Five year subtotal 22,090 2,973 32,702 57,765 - 25,063 GRAND TOTAL 157,554 $ 46,081 $ 168,460 $ 91,947 $ 168,461 $ 35,174 $ Future commitments 231,540$
Net unspent funds /
(funding shortfall) (196,366)$

APPENDIX M
Transit Development
Fee Summary
Fiscal Year 2022 - 23

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Attachment: AB 1600 FY23 Report Revised with MUP complete (4014 : ASSEMBLY BILL (AB) 1600 FISCAL YEAR 2022/2023 DEVELOPMENT VI. GLOSSARY OF TERMS
A
AB: Assembly Bill

AB 1600: Assembly Bill 1600, also known as the Mitigation Fee Act. AB 1600 requires agencies to report annually on development impact fees collected and their use.

B
BOND:  A  security  whereby  an  issuer  borrows  money  from  an  investor  and  agrees  and  promises,  by written contract, to pay a fixed principal sum on a specified date (maturity date) and at a specified rate of interest.

C
CAPITAL PROJECTS: Activities and costs necessary to implement a specific capital improvement and/or acquisition. A project can include the construction, acquisition, expansion, replacement, or rehabilitation of a physical facility or improvement. Projects often include planning and design, land acquisition, and project management costs related to such facilities and improvements.

CITY MATCH FUNDS: Funds provided by the city to supplement the development impact fees in financing capital projects or other programs.

D
DEVELOPMENT IMPACT FEES (DIF): A monetary exaction other than a tax or special assessment, which is charged by a local governmental agency to an applicant in connection with approval of a development project. The fee offsets some or all the cost of public facilities related to the development project.

E
EXPENDITURES: Funds used by an organization to attain new assets, improve existing ones, or reduce a liability.

F
FISCAL YEAR (FY): A 12‐month period to which the annual operating budget applies and at the end of which an entity determines its financial position, the results of its operations, and adopts a budget for the coming year. The City of Cathedral City's fiscal year is from July 1 to June 30.

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Attachment: AB 1600 FY23 Report Revised with MUP complete (4014 : ASSEMBLY BILL (AB) 1600 FISCAL YEAR 2022/2023 DEVELOPMENT

FUND:  An  independent  fiscal  and  accounting  entity  with  a  self‐balancing  set  of  accounts,  recording resources, related liabilities, obligations, reserves and equities segregated for the purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations.

FUND BALANCE: The equity (assets minus liabilities) of a fund.

FUTURE  COMMITMENTS:  The  commitment  of  appropriated  funds  to  attain  new  assets  or  improve existing ones, which have not been received or built.

G
GOVERNMENT CODE: The codification by subject matter of the general and permanent laws of the State of California, as amended and supplemented from time to time pursuant to its terms.

GRANT: Contributions or gifts of cash or other assets from another governmental entity to be expended for a specific purpose, activity, or facility.

I
I‐10: Interstate 10 Freeway.

INTEREST:  The  revenue  earned  on  the  cash  held  in  bank  accounts,  certificates  of  deposits  or  other investments.

M
MUNICIPAL CODE: Municipal ordinances or laws that are enacted and enforced by a village, town, city or county government.

O
ORDINANCE: A law set forth by a governmental authority.

P
PUBLIC FACILITIES: Institutional responses to basic human needs, such as health, education, safety, and recreation.

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R
REPORTABLE FEES: See Development Impact Fees (DIF).

RESOLUTION: An official expression of the opinion or will of a legislative body.

S
SIGNALIZATION: To place traffic signals on a roadway or intersection of roadways.

T
TRANSIT: The conveyance of passengers on public transportation.

U
UNDERGROUNDING:  (In  Civil  Engineering)  The  replacement  of  overhead  cables  providing  electrical power or telecommunications, with underground cables.

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Attachment: AB 1600 FY23 Report Revised with MUP complete (4014 : ASSEMBLY BILL (AB) 1600 FISCAL YEAR 2022/2023 DEVELOPMENT

68‐700 Avenida Lalo Guerrero
Cathedral City, CA 92234
760.770.0340
www.cathedralcity.gov

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Attachment: DVBA Letter (4014 : ASSEMBLY BILL (AB) 1600 FISCAL YEAR 2022/2023 DEVELOPMENT IMPACT FEE REPORT) RESOLUTION NO. _____________

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL

CITY, CALIFORNIA ACCEPTING THE ANNUAL REPORT (FISCAL
YEAR 20 22/23) ON CERTAIN DEVELOPMENT FEES PURSUANT TO
GOVERNMENT CODE SECTION 66006 AND MAKING CERTAIN
FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 66001 (d)

WHEREAS, Government Code Section 66006 requires at the close of each fiscal year the City review information regarding the disposition of certain development fees at a public meeting; and

WHEREAS, said meeting is categorically exempt from environmental review pursuant to State and local environmental guidelines; and

WHEREAS, development fee information has been made available for public review for at least 15 days prior to said public meeting; and

WHEREAS, after close of said meeting and deliberation, the City Council by formal action based upon the information presented during said meeting does hereby find and determine as follows:

FINDINGS:

1. The City Council finds the development fees identified on the attached report, have been properly deposited and separately accounted for as mandated by Government Code Section 66006 (a).

2. The City Council finds all expenditures from the development fee accounts have been used solely for the purpose for which the fee was collected.

3. The City Council finds there is a roughly proportional, reasonable relationship between the new development upon which the reportable fees are charged and the need for additional Public Facilities.

4. The City Council finds those development fees on deposit have been held for more than five years are collected in an amount that is directly commensurate with the costs estimated for planned projects as identified in the City’s Capital Improvement Plan or by independent resolution.

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Attachment: Resolution_AB 1600 report (4014 : ASSEMBLY BILL (AB) 1600 FISCAL YEAR 2022/2023 DEVELOPMENT IMPACT FEE REPORT) NOW, THEREFORE, BE IT RESOLVED , by the City Council of the City of Cathedral City, California, the aforesaid development fee report has been accepted.

AYES:

NOES:

ABSTAIN:

ABSENT:

______________________________

MARK CARNEVALE, MAYOR

ATTEST:

_____________________________

CITY CLERK

APPROVED AS TO FORM:

____________________________

CITY ATTORNEY

APPROVED:

______________________________

CITY MANAGER

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Staff Report

City Council

Item No. 6.B

Meeting Date: December 13, 2023
From: Sandra Molina, Deputy Director of Development Services Title: Professional Services Contract for Development Services

City Council

RECOMMENDATION:

Approve a professional services agreement with Willdan Engineering for building services and Terra Nova Planning and Research, Inc. for planning and environmental services and authorize the City Manager to execute the agreement with Terra Nova Planning and Research and ratify the agreement with Wildan Engineering.

BACKGROUND/DISCUSSION:

Building Services
The Building and Safety Division has utilized a contract inspector for several years to augment building inspection services , enabling the Division to meet the increased demand for building inspections. The City’s inspector conducts building inspections, but also conducts business license inspections and simple plan checking duties.

For multiple reasons, including the availability of the previous contract building inspector, an abrupt change was needed with the City’s contract inspection services.

Staff contacted several building consulting firms and they are also experiencing staffing challenges. Wildan Engineering, however, was able to secure a building inspector and a contract was executed in May 2023 to maintain continuity in the provision of essential building inspection services to the community. The contract was executed as a one-year contract, expiring in May 2024.

Pursuant to Section 3.12.160.B of the Municipal Code, the City Manager may authorize the purchase of goods and services where an emergency is deemed to exist and it is determined the public health, safety or welfare would be threatened if the normal procedure were followed. In this instance, building inspections are essential to ensure structures are constructed in accordance with building codes.

The service contract was required to be scheduled before the City Council for ratification at the next regular council meeting. This item has been delayed for a number of reasons, not the least being that staff was trying to secure additional vendors in the event that additional services were needed and there was a delay due to the transition

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and changes occurring within the Department.

Planning Services
Several development applications have been received by the Planning Division that, in addition to the actual development review, include specific plan amendments, general plan amendments and/or zone changes. Under the California Environmental Quality Act (CEQA), these applications will require environmental initial studies, negative declarations, mitigated negative declarations or findings of consistency with previous environmental determinations.

The Planning Division has also received development inquiries on properties located on the north side of I -10 freeway, within the North City and North City Extended Specific Plans, which would require analysis of land uses, including the City’s Housing Element.

These projects and inquiries are such that the Planning Division is proposing that the City Council enter into a professional services contract with Terra Nova Planning and Research (Terra Nova) to provide staff support services.

Pursuant to Section 3.12.160.C of the Municipal Code, the City Council may authorize the execution of the professional services contract without obtaining proposals. Staff recommends entering into a contract with Terra Nova given their familiarity with the City, previous local experience preparing the City’s general plan and general plan EIR, and because they are one of very few environmental consulting firms in the local area.

Moving Forward
With the implementation of Ene rGov development and construction applications will be submitted electronically. All aspects of planning applications and building plan checks will be electronic.

In anticipation of EnerGov implementation, and in recognition of both the pending expiration of the Willdan Engineering contract and the continued demand for inspection services, the Development Services Department will go through a competitive bidding process to secure on-call planning and building services that are able to provide the level of service sought by the City using its electronic plan review processes. This competitive process will open up not only the contract for on -call building inspection services but also the City’s contract with Scott Fazekas and Associates for contract plan check services and other existing contracts for on-call planning consulting services.

FISCAL IMPACT:

The service contract for Wildan Engineering is not to exceed an annual cost of $200,000, unless otherwise authorized. In addition, professional services were budgeted in the adopted biennial budget (Account # 100 -100-150-155-8600-8601, Professional and Technical Services)

The service contract for Terra Nova is not to exceed an annual cost of $100,000. The majority of the costs to be incurred for Terra Nova’s services were budgeted as developer deposits, with expenditures included in the adopted biennial budget (Account # 100-100-150-150-8200-8209). Non-development related planning costs were included

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in the adopted biennial budget (Account 100 -100-150-152-8600-8601), which s taff expects this cost to be minimal.

FIVE-YEAR STRATEGIC PLAN:

This action will further Goal A – Serve the Community with Pride and Dedication

Objective – Through diversity, equity and inclusion driven employee programs and employee experiences, Cathedral City is the employer of choice with a workforce that is engaged, motivated and respected public stewards.

A-1 – Study the need to reallocate staff resources including the use of contracts.

ATTACHMENTS:

Wildan Agreement_Professional Engineering Services 05 2023 Service Agreement -Terra Nova

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April 19, 2023
City of Cathedral City
Gil Estrada, BO
Chief Building Official
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Subject: Building and Safety Inspection Services
Dear Gil Estrada:

Willdan Engineering is pleased to present this Proposal to the City of Cathedral City to provide building and safety inspection services.

BUILDING INSPECTION

Willdan inspectors are ICC certified and fully experienced performing residential, commercial and industrial inspections for compliance to the approved plans and related documents. The inspections will be performed in accordance with the City’s adopted version of the California Building Code, California Residential Code, Green Building Standards Code, California Mechanical Code, California Plumbing Code, California Electrical Code, and the State and Federal regulations for Accessibility, Noise and Energy Conservation, California Fire Code and provisions of Title 19 and NFPA.

Inspection staff will be available to meet with City staff, builders, developers, and citizens to provide assistance and resolve any inspection issues that may arise. Inspectors shall attend and participate in required meetings with other City inspection and plan review staff, property owners, contractors and/or design professionals.

Inspectors will review the permit package to verify that the on-site condition is consistent with the appropriate records for square footage, setbacks, heights, and other requirements that may be applicable. Inspectors will comply with the City’s procedures for reporting inspection results, use City inspection correction forms, make appropriate entries onto the permit documents, and follow City procedures prior to finalizing a building permit.

Willdan will verify that all inspection records, including daily records of what was inspected which will be recorded on the job card, and permit copy entered into the City’s Building and Safety computer system. We will employ such techniques as necessary to minimize delays to builders and provide helpful advice and counsel to builders, owners, engineers, and architects as to enhance the orderly flow of the construction process yet maintaining an effective level of enforcement.

Inspectors shall ensure that any construction changes are documented and approved by appropriate City staff.

Our inspection staff are supplied with cell phones and laptops and/or iPads for email communication and document creation and record keeping. Inspections will be provided the next working day following a request made by 4:00pm the previous day.

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CASP SERVICES
Willdan can provide CASp certified inspectors to the City as required by California Civil Code, Division 1, Part 2.52, Section 55.53(d)1&2 which reads as follows:
(d) (1) Commencing July 1, 2010, a local agency shall employ or retain at least one building inspector who is a certified access specialist. The certified access specialist shall provide consultation to the local agency, permit applicants, and members of the public on compliance with state construction-related accessibility standards with respect to inspections of a place of public accommodation that relate to permitting, plan checks, or new construction, including, but not limited to, inspections relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.
(2) Commencing January 1, 2014, a local agency shall employ or retain a sufficient number of building inspectors who are certified access specialists to conduct permitting and plan check services to review for compliance with state construction- related accessibility standards by a place of public accommodation with respect to new construction, including, but not limited to, projects relating to tenant improvements that may impact access. If a local agency employs or retains two or more certified access specialists to comply with this subdivision, at least one-half of the certified access specialists shall be building inspectors who are certified access specialists.

Our CASp certified inspectors will provide building and site evaluations for ADA and State Disabled Access requirements; provide evaluations and reporting for Applicable Construction Related Accessibility Standards; provide CASp Disability Access Certificates; provide expert witness and legal services support; and provide other services as required by the City. Our CASp certified inspector will be available within 24 hours of notification or sooner.

Should the need arise, Willdan can also provide additional services to the City.

FEES

SERVICE PROVIDED HOURLY RATE
Senior Building Inspector $105
Building Inspector $ 95
CASp Plan Reviewer/Inspector $125
Plans Examiner $125
Plan Check Engineer $135
Permit Technician $ 70
Building Official $145

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Willdan welcomes the opportunity to discuss our qualifications further. We look forward to providing services to the City of Cathedral City and its community. Please feel free to contact me with any questions or should you need any further information.

Respectfully submitted,

WILLDAN ENGINEERING

Patrick Johnson, PE, CBO
Director of Building and Safety
909.963.0565
[email protected]

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Staff Report

City Council

Item No. 6.C

Meeting Date: December 13, 2023
From: Jeremy Frey, Chief Building Official
Title: Ordinance of the City Council of the City of Cathedral City Expediting Permitting Process for Electric Vehicle Charging Stations

City Council

RECOMMENDATION:

It is recommended that City Council:

1. Introduce and waive further reading of Ordinance No. ______, an Ordinance of the City Council of the City of Cathedral City adding Chapter 8.64 to Title 8 of the City of Cathedral City Municipal Code to Create an Expedited Permitting Process for Electric Vehicle Charging Station Systems;

2. Find that adoption of Ordinance No. __ is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines; and

3. Adopt the Checklist for Permitting Electric Vehicles and Electric Vehicle Service Equipment (EVSE).

BACKGROUND:

To increase the state -wide deployment of Electric Vehicle Charging Station (EVCS) infrastructure, the California Legislature has passed two bills that have been signed into law streamlining the permitting process for electric vehicle charging stations. Assembly Bill (AB) 1236 and AB 970 set requirements for local jurisdictions to develop an expedited, streamlined permitting process for EVCS. Both AB 1236 and AB 970 apply to all charging station installations, including: Level 1 (L1 – 120-volt; regular home outlet), Level 2 (L2 – 220-volt), and Direct Current Fast Chargers (DCFC – 480-volt); public and private charging stations; light -, medium -, and heavy -duty charging stations; and accessory and primary use stations of a site. Additionally, AB 1236 and AB 970 applies to new charging station installations and upgrades of existing installations.

AB 1236, approved in 2015, mandates that cities and counties must adopt a streamlining ordinance and permitting checklist. AB 970, approved in 2021, builds on AB 1236, adding timelines for EVCS application review and approval.

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DISCUSSION:

The required ordinance to create an expedited, streamlined permitting process is included as Attachment A. The purpose of the proposed ordinance is to further the state policy of promoting and encouraging the installation and use of electric vehicle charging systems by limiting obstacles to their use through a streamlined permitting process.

Consistent with AB 1236, staff has also developed the required checklist containing objective requirements for the installation of an EVCS (Attachment B). The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist substantially follows the “Plug -In Electric Vehicle Infrastructure Permitting Checklist” contained in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist.

FISCAL IMPACT:

This Ordinance will not have a fiscal impact as we will continue to collect standard plan review and permit fees to cover services.

FIVE-YEAR STRATEGIC PLAN:

In addition to the state’s requirements for cities to adopt this ordinance, this will also address Action Item B-1, referenced in the city’s Five-Year Strategic Plan. Adopting this ordinance provides a milestone achievement towards the Strategic Plan while addressing EVCS to the public as well as the streamlined review processes and ability to deliver the project in a timely manner.

ATTACHMENTS:

Cathedral City - EVCS Ordinance (BWS) FINAL

FINAL ELECT-VEHICLE-CHARGE-STATION-CHECKLIST

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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY CALIFORNIA, ADDING CHAPTER 8.64 TO TITLE 8

OF THE CATHEDRAL CITY MUNICIPAL CODE TO PROVIDE

EXPEDITATED PERMITTING PROCESS CONSISTENT WITH STATE
LAW
WHEREAS, the City of Cathedral City (“City”) seeks to comply with Assembly Bills (AB) 1236 and 970 through the addition of Chapter 8.64 to the Cathedral City Municipal code, which provides an expedited, streamlined permitting process for electric vehicle charging systems; and
WHEREAS, the proposed ordinance is in the interest of the public health, safety and welfare of the City as it assures the effective and streamlined approval of electric vehicle charging stations, encouraging use of electric vehicles; and WHEREAS, the proposed ordinance is exempt from review under the California Environmental Quality Act Guidelines Section 15061(b)(3) because it can be seen with certainty that it will have no significant negative effect on the environment.

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 8.64 TO TITLE 8 OF THE CATHEDRAL CITY

MUNICIPAL CODE
Chapter 8.64 is added to Title 8 of the Cathedral City Municipal Code to read in its entirety as follows:
“Chapter 8.64 ELECTRIC VEHICLE CHARGING STATIONS

8.64.010 Definitions.

A. "Electric Vehicle Charging Station or Charging Station” means any level of electric vehicle supply equipment station that is designed and built in compliance with article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in vehicle.

B. “Electronic submittal” means the utilization of one or more of either electronic mail, the internet or facsimile.

C. “Feasible method to satisfactorily mitigate or avoid the specific adverse impact” includes, but is not limited to, any cost-effective method, condition or mitigation imposed

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by the City on another similarly situated application in a prior successful application for a similar permit.

D. “Specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

8.64.020 Purpose.

The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations.

8.64.030 Applicability.

This chapter applies to the permitting of all electric vehicle charging systems in the City.

Electric vehicle charging stations legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components if an electric vehicle charging system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

8.64.040 Electric Vehicle Charging Station Requirements A. All electric vehicle charging stations shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission.

B. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

C. Anchorage of either floor-mounted or wall mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

8.64.050 Permit Review Requirements
A. Review of the permit application shall be limited to the chief building official’s review of whether the application meets local, state and federal health and safety requirements. The application shall be administratively reviewed by the chief building official as a nondiscretionary permit.

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B. The City shall not condition approval of an application on the approval of an association, as that term is defined by Civil Code Section 4080.

C. An application for an electric vehicle charging station shall be deemed complete and the permit available for issuance, when the chief building official determines that the application satisfies all the requirements found in the checklist.

D. If an application is deemed incomplete, a written plan check correction notice will be available to the applicant within ten (10) business days, detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be given to the applicant for resubmission.

E. The chief building official, in consultation with the director of development services, may require an applicant to apply for a conditional use permit if the chief building official finds, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health and safety. The chief building official's decision to require a conditional use permit may be appealed by the applicant to the Planning Commission pursuant to Section 8.64.060 of this chapter.

F. If a conditional use permit is required, the application for the conditional use permit may be denied if the planning commission makes written findings, based upon substantial evidence in the record, that the proposed installation would have a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of potential feasible alternatives for preventing the specific, adverse impact. Such decisions may be appealed to the city council pursuant to Section

8.64.060 of this code.

8.64.060 APPEALS
A. Any person aggrieved or affected by the final determination of the building official concerning the application of a conditional use permit requirement may appeal the decision within ten (10) calendar days from the decision by filing the city’s appeal application with the planning department and paying the established fee set forth by the city council.

B. The planning department shall schedule a public hearing subject to the requirements of Section 9.72.070 of this code.

C. The planning department shall transmit to the planning commission or city council a written report, copies of the application for an electric vehicle charging station and copies of all other papers constituting the record upon which the decision was taken, stating the factual and legal basis on which the building official found and determined that the application met or failed to meet the criteria and requirements provided in this chapter.

D. The planning commission and/or city council may affirm, reverse or modify, in whole or in part any final determination, condition or requirement of the building official which is appealed.

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E. On the date a notice of appeal is filed under this chapter, all proceedings in furtherance of the determination, condition or requirement appealed from shall be stayed until the final determination of the city council.” 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 Cathedral City Municipal Code to create an expedited, streamlined permitting process for electric vehicle charging stations. 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, 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.

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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:
___________________________
Rita Lamb, Mayor
ATTEST:

____________________________
Tracey Hermosillo, City Clerk

APPROVED AS TO FORM:

____________________________
Eric S. Vail, City Attorney

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Attachment: Cathedral City - EVCS Ordinance (BWS) FINAL (3998 : Expedited Permitting Process for Electric Vehicle Charging Stations) CATHEDRAL CITY – EVCS CHECKLIST
Mandatory Checklist for
Expedited Permitting
of Electric Vehicle Chargi ng Station(s) (EVCS)
The purpose of this document provides the checklist and guidelines necessary to expedite and streamline the permitting process for qualifying Electric Vehicle Charging Stating(s) (EVCS) within Cathedral City.

Once the appropriate application, documents, and plans have been submitted to the building department for review, an expedited plan review will occur no later than five business days (5) following the day the application is reviewed and deemed complete. Once your project has been reviewed and approved, you will be notified that the building permit is available for issuance.

Please complete the checklist to determine if your application is eligible for expedited EVCS processing. If any item is checked “NO”, you may revise your design, otherwise your application must go through the standard review process.

JOB ADDRESS: _________________________________________ APN:____________________________ USE OF BUILDING OR AREA (check one):

Single Family Residence Commercial Multi-Family LOCATION AND QUANITY OF EVCS TO BE INSTALLED:
______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________ APPLICANT(s) INFORMATION:

Name: ___________________________________________________ Phone Number: _______________________ Email Address: _________________________________________________________________________________ Address: ______________________________________________________________________________________ CONTRACTOR INFORMATION:

Name: ___________________________________________________ Phone Number: _______________________ Email Address: ___________________________________ License No. & Type: ____________________________ Address: ______________________________________________________________________________________

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Attachment: FINAL ELECT-VEHICLE-CHARGE-STATION-CHECKLIST (3998 : Expedited Permitting Process for Electric Vehicle Charging PROPERTY OWNER INFORMATION:

Name: ___________________________________________________ Phone Number: _______________________ Email Address: _________________________________________________________________________________ Address: ______________________________________________________________________________________ TYPE OF EVSC (ch
eck one):

Type of Charging Station Power Levels
(Specify Circuit Rating)
___________________________
___________________________
___________________________
Level 1
Level 2
Level 3
Other: (specify and provide details and rating):

Permit Application
A. Is the permit application complete with the following information: Project address, parcel #, property owner’s name, contractor’s name, valid contractor’s license, email address, phone number, valuation, original (wet signed) signatures etc? If electronically signed, certifications(s) must be provided.

Yes No
B. Does the application include EVCS manufacturer’s specification and installation guidelines? Yes No Electric Load Calculation Worksheet
Yes No
Yes No
Yes No
A. Is an electrical load calculation worksheet included? (CEC 220) B. Based on the electrical load calculation sheet,
is a new electrical service panel upgrade required?

1. If yes, do plans include the electrical service panel upgrade? Site Plan & Single Line Diagram
Yes No A. Is a site plan and electrical plan with a single-line diagram included with the permit application? Compliance with 2022 California Electrical Code (Title 24 Part 3) Yes No Yes No
Yes No
Yes No
A. Do the plans specify that the electrical vehicle charging system shall be installed in accordance with manufacturer’s installation instructions and shall be suitable for t he environment (indoor/outdoor) in which they will be installed?
Yes No
Compliance with 2022 California Green Code Requirements Does the number of proposed electrical vehicle charging spaces conform to the Tier 1 requirements of the California Green Building Code
(CGBC)? (CGBC A4.106.8.2 and
A5.106.5.3)[Note: only applies to
newly constructed multi-family residential and newly constructed non- residential projects.]
Compliance with 2022 California Building Code Accessibility Requirements [Note: Accessibility requirements are required for public and common use areas, public accommodations, commercial facilities and public housing as defined in the CA Building Code.] Name of Person Completing Checklist (print name): _____________________________________________ Signature: __________________________________ License No. / Type: ___________________________

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Staff Report

City Council

Item No. 6.D

Meeting Date: December 13, 2023
From: Charles McClendon, City Manager
Title: Update on Emergency Actions Related to Tropical Storm Hilary

City Council

RECOMMENDATION:

Update on Status of Emergency Proclamation, Resolution 2023-33.

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

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

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Staff Report

City Council

Item No. 6.E

Meeting Date: December 13, 2023
From: Andrew Firestine, Development Services Director
Title: Request to Extend Deadline to Conform to AB 2234

City Council

RECOMMENDATION:

Staff recommends that the City Council approve a resolution extending the deadline to comply with AB 2234 to January 1, 2026.

BACKGROUND:

California Assembly Bill 2234 (“AB 2234”) took effect on January 1, 2023. AB 2234 added sections 65913.3 and 65913.3.5 to the Government Code and, most notably, extends elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post -entitlement phase permit” applications for housing development project.

Under AB 2234, post -entitlement phase permits are all nondiscretionary permits and reviews filed after the entitlement process has been completed that are required or issued by the local agency to begin construction of a development that will be at least two-thirds residential. Examples of post -entitlement phase permits include, but are not limited to: (i) building permits; (ii) permits of minor or standard off-site improvements; (iii) permits for demolition; or (iv) permits for minor or standard excavation and grading.

AB 2234 imposes numerous requirements on a local agency’s review and processing of a post-entitlement phase permit application, including: (1) posting application checklists and examples online; (2) time limits to determine whether an application is complete; (3) time limits to approve or deny an application; (4) providing an applicant with the right to appeal the local agency’s decision; and (5) implementing an online permitting system.

This item before the City Council this evening concerns item (5) above, AB 2234’s online permitting system requirement.

DISCUSSION:

Among other things, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post -entitlement

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phase permits. Local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement.

For local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (i) January 1, 2024 if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (ii) January 1, 2028 for all local agencies not covered by (1). The City Cathedral City is subject to the January 1, 2024 deadline because the city is located within a county with a population greater than 1.1 million.

AB 2234 authorizes any local agency subject to the January 1, 2024 deadline to give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement.

Implementing an online permitting system by the January 1, 2024 deadline would present several financial and logistical burdens for the City that, in turn, would require a substantial increase in permitting fees. The City previously deployed the Tyler Technologies Enterprise Permitting and Licensing Software (Tyler EPL). For a multitude of reasons the implementation was not successful and, in most discipline areas, the City reverted to its past practice of reviewing paper plan submittals and manually routing plans and permits for review. At present, the City does not have a web portal that meets the requirements of AB 2234. The City has, however, contracted with Tyler Technologies to correct the Tyler EPL implementation to enable electronic plan review, a process that is anticipated to be complete in Q2 2024.

In recognition that the redeployment of Tyler EPL will not occur by January 1, 2024, an extension is requested to allow staff to implement the new software system.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

FIVE-YEAR STRATEGIC PLAN:

Strategic Plan Action C -6: Complete and improve the utilization of EnerGov software to automate, improve, and streamline building plan review, permitting, and inspection processes.

Strategic Plan Action C -12: Implement a private development entitlement and plan review system which is predictable, streamlines internal intake and review processes, and creates applicant experiences which are facilitative vs regulatory.

Strategic Plan Action C -14: Implement necessary equipment and implement necessary policies to allow online payment of permits, licenses, etc.

ATTACHMENTS:

Council Resolution

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RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL

CITY, CALIFORNIA EXTENDING THE DEADLINE TO ESTABLISH AN

ONLINE PERMITTING SYSTEM FOR POST -ENTITLEMENT PHASE

PERMITS UNDER CALIFORNIA GOVERNMENT CODE SECTION
65913.3.5 (AB 2234)

WHEREAS, California Assembly Bill 2234 (“AB 2234”) added sections 65913.3 and 65913.3.5 to the Government Code and took effect on January 1, 2023; and

WHEREAS, AB 2234 extends elements similar to those of the Permit Streamlining Act to a local agency’s review of ministerial “post -entitlement phase permit” applications for housing development projects; and

WHEREAS, under AB 2234, a “post -entitlement phase permit” includes all nondiscretionary permits and reviews that are required or issued by the local agency after the entitlement process has been completed to begin construction of a development that is intended to be at least two -thirds residential. Examples include, among other things, building permits, demolition permits, and permits for minor or standard excavation and grading; and

WHEREAS, in addition to above, AB 2234 requires local agencies that are located in counties with a population of 250,000 or greater to implement an online permitting system that allows applicants to apply for, check the status of, complete and retrieve post- entitlement phase permits (local agencies in counties with a population of less than 250,000 are exempt from this online permitting system requirement); and

WHEREAS, for local agencies in counties with a population or 250,000 or greater, the deadline to comply with AB 2234’s online permitting system requirement is: (1) January 1, 2024 if the local agency has a population of 75,000 or greater or is located in a county with a population of 1.1 million or greater; or (2) January 1, 2028 for all local agencies not covered by (1); and

WHEREAS, the City of Cathedral City (“City”) is subject to the January 1, 2024 deadline because the county has a population greater than 1.1 million; and

WHEREAS, any local agency subject to the January 1, 2024 deadline may give itself an extension of up to two years (i.e., to January 1, 2026) if its legislative body does both of the following before January 1, 2024: (1) makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees; and (2) has initiated a procurement process for the purpose of complying with the online permitting system requirement; and

WHEREAS, the City desires to extend its deadline to comply with AB 2234’s

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Attachment: Council Resolution (4043 : Request to Extend Deadline to Conform to AB 2234) online permitting system requirement to January 1, 2026.

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

Section 1. Recitals. The City Council hereby finds and determines that the recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.

Section 2 . CEQA. The City Council hereby finds that the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical chang e to the environment, directly or indirectly.

Section 3. AB 2234 Findings; Direction to Staff. In accordance with Government Code section 65913.3.5(a)(2)(A)-(B):

1. Substantial Increase in Permitting Fees. The City Council hereby finds that implementing an online permitting system by January 1, 2024 would require substantial increases in the City's permitting fees. The City is already in the process of implementing Tyler Technologies Tyler EPL, a software system compliant with AB 2234. The implementation of the new permitting software will not occur by January 1, 2024, therefore, an extension is requested to allow staff to implement the new software system by January 1, 2026.

Section 4. Extension. The City Council hereby elects to extend its deadline to implement an online permitting system to January 1, 2026.

Section 5. Effective Date. This resolution shall become effective immediately upon its adoption.

Section 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

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Attachment: Council Resolution (4043 : Request to Extend Deadline to Conform to AB 2234) THE FOREGOING RESOLUTION WAS APPROVED AND ADOPTED on this 13th day of December 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

________________________________
Mark Carnevale
Mayor

ATTEST AND APPROVED AS TO CONTENT:

_______________________________
Tracy Hermosillo
City Clerk

APPROVED AS TO LEGAL FORM:

_______________________________
City Attorney

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Attachment: Council Resolution (4043 : Request to Extend Deadline to Conform to AB 2234)