Cathedral City City Council
February 28, 2024

CITY COUNCIL
AGENDA

Regular Meeting
Wednesday, February 28, 2024
5:30 PM

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

MAYOR
Mark Carnevale

CITY COUNCIL MEMBERS

Mayor Pro Tem
Nancy Ross

Councilmember
Raymond Gregory

Councilmember
Ernesto Gutierrez

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

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

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2. 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 - Feb 14, 2024 3:00 PM

2. City Council - Regular Meeting - Feb 14, 2024 5:30 PM C. Gift of Drone Light Show for 2024 LGBT Days
Recommendation: To accept a gift in the amount of $50,000 from Grizzly Entertainment for a drone light show at Cathedral City LGBT Days.

D. 2024 MiChavela Festival SUP
Recommendation: To approve a Special Use Permit for the 2024 MiChavela Festival to be held on Saturday, May 4, 2024, in the Festival Lawn Annex area.

E. Budget Amendment for Polling Contract
Recommendation: To authorize a budget amendment in the amount of $42,500 to cover the cost of a contract to provide public opinion polling services.

4. ITEMS PULLED FROM CONSENT

5. PUBLIC HEARINGS
A. CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing Recommendation: City Council of the City of Cathedral City, acting on behalf of Improvement Area (IA) No. 20 of the City of Cathedral City Community Facilities District (CFD) 2006-1 (law
enforcement, police, paramedic, park and general
maintenance services), adopt the following:

· Resolution of Formation determining the validity of
prior proceedings (Resolution 2024-01, Resolution of
Intention)

· Resolution Calling for a Special Election
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· Resolution Canvassing the Results of the Special
Election

· Introduce the 1st reading of an Ordinance Authorizing the Levy of a Special Tax

6. LEGISLATIVE ACTIONS
A. Veterans 22K Walk Special Use Permit
Recommendation: To approve Special Use Permit for the Cathedral City Evening Rotary's 2024 Veterans 22K Walk on Saturday,
April 13, 2024, at Dennis Keat Soccer Park; and, approve the Parks and Community Events Commission's (PACE)
Hydration Station (as part of the event) funding request of $500 from the FY 2023-2024 PACE Small Events budget.

B. Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Projects Recommendation: To approve a Resolution adopting the City’s FY 2024-2025 Capital Improvement Project (CIP) Plan's projects funded by Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017, and to approve the list selected for rehabilitation due to the Tropical Storm Hillary to be funded by SB-1 funds.

C. Award Construction Contract to Granite Construction for the Via De Anza Street Improvements Project - Phase III, CIP No. C08841 Recommendation: To award a construction contract to Granite Construction Company in the amount of $1,016,000 for the construction of Via de Anza Street Improvements Project Phase III
(C08841) and approve a fifteen percent (15%) contingency in the amount of $152,400 for any unforeseeable
construction costs; and, approve a budget adjustment in the amount of $303,803 by allocating funds from the Local
Streets and Roads Program (SB1) with account number
248-100-150-156-8800-8802; and, authorize the City
Manager to execute the contract documents; and, authorize the City Engineer to request bonds and insurance for the Project, and issue the Notice to Proceed.

D. Reimbursement Agreement with the Coachella Valley Water District (CVWD) in conjunction with the upcoming Via De Anza Street Improvements Project - Phase III
Recommendation: To authorize the City Manager to execute a 100% Reimbursement Agreement with the Coachella Valley Water District (CVWD) for the relocation and replacement of a water main at an estimated construction cost of $435,000 within the limits of the upcoming Via De Anza Street
Improvements Project - Phase III, located along the east side of Via De Anza between Olancha Road and Ortega
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Road, and the Arrowhead Road cul-de-sac east of Via De
Anza.

E. Statewide Community Infrastructure Program (SCIP) Update Recommendation: To approve amending Resolution 2015-17 updating the City of Cathedral City's participation in the Statewide Community Infrastructure Program (SCIP) to allow for both an
Assessment District and a Community Facilities District F. Professional Services Contract with Terra Nova Planning and Research, Inc. for Messenger Project
Recommendation: To approve a professional services agreement with Terra Nova Planning and Research, Inc. for planning and
environmental services related to the Messenger
development project and authorize the City Manager to
execute the agreement with Terra Nova Planning and
Research, Inc. and authorize the City Manager to execute a reimbursement agreement with Developer for the cost of
services.

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

8. CLOSED SESSION

ADJOURN

NOTES TO THE PUBLIC:

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

If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the 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, February 14, 2024
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 3:03 PM by Mayor Mark Carnevale. • ROLL CALL
Attendee Name Title Status Arrived
Mark Carnevale Mayor Present 3:00 PM
Nancy Ross Mayor Pro Tem Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM
Ernesto Gutierrez Councilmember Present 3:00 PM
Rita Lamb Councilmember Present 3:00 PM

• AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENT
There were no members of the public that wished to speak.

2. STUDY SESSION
A. Presentation on Riverside County Transportation Commission (RCTC) Draft Traffic Relief Plan
Recommendation: This is for information only, there is no formal action required.

Anne Mayer, Executive Director of Riverside County Transportation Commission (RCTC) and Aaron Hake, Deputy Executive Director, provided an overview of the 2024 Draft Traffic Relief Plan. The following points were presented:

• RCTC Provides Transportation Solutions to Connect our Communities • The RCTC Team

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o Transit Agency Operations Funding
o Highway
o Local Streets and Roads
o Coachella Valley Rail
• 2023 Public Survey Results
• The Traffic Relief Plan: Looking Forward
• Coachella Valley
• TRP Example Projects
• Accountability to Taxpayers
• Economic Impact and Regional Investment

The City Council asked clarifying questions, which were responded to by the RCTC staff . This item was for information and discussion only, there was no formal action taken by the City Council.

B. Greater Coachella Valley Chamber of Commerce Mid-Year Activity Update
Recommendation: This item is for review and discussion only.

Brandon Marley, President/CEO Greater Coachella Valley Chamber of Commerce, provided a mid -year activity update. The following points were presented:

• Introduction of the Team
• Their Marketing Efforts
• Membership Information
• Events

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

Marley. They also expressed their concerns and provided comments. This item was for information and discussion only, there was no formal action taken by the City Council.

ADJOURN
Mayor Mark Carnevale adjourned the Study Session Meeting at 4:07 p.m.

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

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CITY COUNCIL

MINUTES

Regular Meeting
Wednesday, February 14, 2024
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 Mark Carnevale. • PLEDGE OF ALLEGIANCE
Mayor Pro Tem Nancy Ross led the Pledge of Allegiance.
• INVOCATION (MOMENT OF REFLECTION)
Councilmember Ernesto Gutierrez offered the Invocation. • ROLL CALL
Attendee Name Title Status Arrived
Mark Carnevale Mayor Present 5:30 PM
Nancy Ross Mayor Pro Tem Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM
Ernesto Gutierrez Councilmember Present 5:30 PM
Rita Lamb Councilmember Absent

• AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENT
Steve Vogelsang expressed his concern with potholes, drains, wild cats, and speeding in the City.

Brenda Ramirez, thanked the City on behalf of the Cathedral City High School Jazz Band for the opportunity to play at the opening night of Tastes and Sounds of Cathedral City, and invited the Council to their upcoming pasta dinner fundraiser.

She also discussed the need for traffic mitigation at the corner of 30th and Date

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Palm before and after school to assist students with crossing the street.

Jens Mueller, expressed his concern with the presentation provid ed at the Study Session meeting of January 20, 2024 regarding trash cans, which he feels was false. He also expressed his concern with the trash can violations in the City and feels someone needs to be held accountable.

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

• His attendance at the Riverside County Transportation Commission Annual Conference
• His attendance at the City Council Goal Setting and Strategic Planning Session
• The current activities of the Coachella Valley Association of Governments Finance Committee
• His attendance at the Taste of Jalisco
• His attendance at the Badge Pinning Ceremony at the Fire Department • His attendance at the Coachella Valley Association of Governments Transportation Commission meeting
• His attendance at a ribbon cutting hosted by the Greater Coachella Valley Chamber of Commerce
• The kick-off of the Tastes and Sounds of Cathedral City • His attendance at the Riverside County Transportation Commission Regular meeting
• The report given by Riverside County Transportation Commission during the Study Session meeting
• The upcoming President's Day Holiday
• The upcoming Mary Nutter Collegiate Classic Softball Tournament at Big League Dreams

Councilmember Ernesto Gutierrez reported on the following:

• He wished everyone a Happy Valentine's Day
• He wished a happy and blessed Ash Wednesday to everyone • His attendance at the grand opening of Grounded, the new spa at the Desert Princess
• His attendance at the City Council Goal Setting and Strategic Planning Session
• His attendance at the Taste of Jalisco event, where he participated in the tequila tasting
• His attendance at the Emergency Preparedness event at Agua Caliente Elementary School
• His attendance at the Celebration of Life of a longtime volunteer of the Police Department
• His biweekly meeting with City Manager McClendon and Assistant City Manager Ambrose
• The resident inquiries he received regarding illegal food vendors, code compliance warnings, and the traffic congestion on Date Palm

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• His attendance at the Tastes and Sounds of Cathedral City • His visit to a property that will be discussed at the public hearing this evening • His visit to the Horizon Road neighborhood
• His tour around the City, where he saw many illegal flower vendors

Mayor Pro Tem Nancy Ross reported on the following:

• Her attendance at the Badge Pinning Ceremony at the Fire Department • She voted for the 2024 Primary Election
• Her participation as a speaker at the Leadership Coachella Valley • She along with Mayor Carnevale are working on an upcoming Emergency Preparedness Event
• Her attendance at the City Council Goal Setting and Strategic Planning Session
• She discussed the local radio station KWXY
• Her attendance at the Mosquito and Vector Control Board meeting • Her attendance at the SunLine Transit Agency meeting
• Her attendance at the Coachella Valley Association of Governments Energy and Sustainability Committee meeting
• The upcoming Boys and Girls Club Annual Meatball Festival • Police Department is looking for volunteers for Citizen's on Patrol • The upcoming Mary Nutter Collegiate Classic Softball Tournament at Big League Dreams

Mayor Mark Carnevale had nothing to report outside of what was already reported.

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

RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Mayor Pro Tem
SECONDER: Raymond Gregory, Councilmember
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb
A. Waive Full Reading of Ordinances on Agenda
M.O. 2024-18
B. Minutes Approval
M.O. 2024-19

1. City Council - Study Session - Jan 24, 2024 3:00 PM

2. City Council - Regular Meeting - Jan 24, 2024 5:30 PM

3. City Council - Special Meeting - Jan 27, 2024 8:00 AM

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C. Receive and File Payment of Claims and Demands for January 2024 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
$13,830,042.00 for the month of January 2024.

M.O. 2024-20
D. Ratify the nomination of Peter Bedard by Councilmember Rita Lamb to serve on the Historic Preservation Committee and appoint him to fill an unexpired term continuing through June 30, 2026.

Recommendation: To ratify the nomination of Peter Bedard by Councilmember Rita Lamb to serve on the Historic Preservation Committee and appoint him to fill an unexpired term continuing through June 30, 2026.

M.O. 2024-21
E. Adopt Resolution approving City-wide Salary Schedules Recommendation: Adopt a Resolution of the City Council of the City of Cathedral City, Approving a Citywide Publicly Available Pay Schedule in Accordance with California Code of
Regulations, title 2, Section 570.5.

Reso 2024-05
F. Amendment to the Cathedral City Fire Management Association (CCFMA) Agreement
Recommendation: Recommend that the City Manager enter into a side letter agreement with the Cathedral City Fire Management
Association.

M.O. 2024-22
G. Adopt Resolution authorizing the City Manager, or his designee, to approve and/or execute various routine easements, agreements and licenses; and, approve other actions for City owned land on behalf of the City.

Recommendation: City Council authorize the City Manager, or his designee, to approve and/or execute various routine easements,
agreements and licenses; and, approve other actions for City owned land on behalf of the City.

Reso 2024-06

4. ITEMS PULLED FROM CONSENT

5. PUBLIC HEARINGS
A. Appeal of Variance 23-004 and Conditional Use Permit 23-003

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Recommendation: 1. Conduct a public hearing on Variance 23-004 and Conditional Use Permit 23-003 to consider an appeal of the Planning’s Commission’s decision on December 6, 2023,
particularly denial of Variance 23-004 to delete the parking lot shading requirement for a proposed 1,953 square-foot cannabis dispensary located at 67455 East Palm Canyon
Drive within the PCC (Planned Community Commercial)
Zoning District and;

2. Overturn Planning Commission’s decision and
approve Variance 23-004;

3. Remove Condition of Approval No. 3.49 of
Conditional Use Permit 23-003 requiring 50% of the parking lot to be shaded; and

4. Determine this project is categorically exempt from
CEQA under Section No. 15303 (Class No. 3, New
Construction or Conversion of Small Structures) of the State CEQA Guidelines
Sandra Molina, Deputy Director of Development Services, provided an overview of the appeal of Variance 23-004 and Conditional Use Permit 23-003.

Members of the City Council inquired about the applicability of distance requirements and how the distance requirements are measured from residential zones, resort residential zones and schools/daycare centers, which were responded to by staff and legal.

City Attorney Eric Vail provided guidance for the hearing proceedings for those in attendance that will be participating, including the applicant and staff. He indicated that the applicant would have an opportunity for a rebuttal after testimony is heard.

Mayor Mark Carnevale opened the Public Hearing to hear from the applicant and receive input from the general public related to the appeal of Variance 23 -004 and Conditional Use Permit 23-003.

Chris McFadden, Applicant/Architect for the proposed project, discussed why the variance in the conditions of approval is problematic due to unique circumstances of the property.

Mayor Mark Carnevale asked if there were any members of the public that wished to speak.

Bruce Bauer, Representing Glory to God Minist ries, stated that he submitted letters to the City Council related to the negative impacts of this project on his clients and what he believes the process for reviewing this appeal should be. He discussed his client's activities that involve children that will take place within 60 feet of the proposed project. He also discussed the standard of review for this appeal. He reported on what he feels are parking issues related to the use of his client's driveway in order to enter the proposed project. He urged the City Council to reject the project or require the following:

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• The facility have no consumption on site
• Street widening be completed in front of the project to ensure a safe line of site
• That the applicant provide a barrier to ensure ingress and egress are restricted from the Glory of God Ministries property and provide signage stating such

Mayor Pro Tem Nancy Ross asked for clarification of statements made by Mr.

Bauer, which he responded to.

Councilmember Ernesto Gutierrez discussed his visit to the site and the issues he encountered with parking and line of site.

John Corella, Director of Engineering and Public Works, provided an overview of the facts related to the site of the proposed project , which included the original mutual easement access requirement, the line of site, street widening and parking issues discussed this evening.

John Soulliere, expressed his opposition to the proposed project due to the exposure it may cause to children that visit the neighboring church and issues with line of site on Highway 111.

Carrie Driggs, expressed her opposition to the proposed project due to the line of site issues and traffic , which she feels is not safe for the children that attend the neighboring church.

Al Franz, expressed his opposition to the project due to the public safety impacts it will have. He feels there will be issues with consumption on site, which will affect the children in the nearby vicinity.

Brad Anderson, urged the Council to deny this project or uphold the Planning Commission's decision.

Chris McFadden responded to some of the concerns raised and indicated that some of the concerns can be mitigated.

The City Council asked clarifying questions which were responded to by staff.

Mayor Mark Carnevale closed the Public Hearing and returned discussion to the City Council.

Councilmember Ernesto Gutierrez expressed his opposition to the project.

City Attorney Eric Vail discussed the standard of review for this appeal, in which all decisions should be based on the facts and not moral opinions.

Councilmember Raymond Gregory expressed his support of the project.

Mayor Pro Tem Nancy Ross expressed her support of the project.

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Mayor Mark Carnevale expressed his opposition to the project.

A motion was made by Councilmember Greogry and seconded by Mayor Pro Tem Ross to affirm the CUP, grant the variance and add a condition that there will not be a consumption lounge on site.

RESULT: FAILED [2 TO 2]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Mayor Pro Tem
AYES: Nancy Ross, Raymond Gregory
NAYS: Mark Carnevale, Ernesto Gutierrez
ABSENT: Rita Lamb
A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Ross to reopen the Public Hearing and continue it until a date when the full Council is in attendance.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Mayor Pro Tem
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb
The City Council recessed at 7:57 p.m.

The City Council reconvened at 8:05 p.m.

6. LEGISLATIVE ACTIONS
A. Northgate Community Church 2024 Run for Refugees 5K SUP Recommendation: To approve Special Use Permit for the 2024 Northgate Community Church Run for Refugees 5K.

M.O. 2024-24

A motion was made by Councilmember Gregory and secon ded by Mayor Pro Tem Ross to approve the Special Use Permit for the 2024 Northgate Community Church Run for Refugees 5K.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Mayor Pro Tem
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb
B. 2024 Color the Spectrum Art Festival SUP

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Recommendation: To approve Special Use Permit for the Autism Society Inland Empire's 2024 Color the Spectrum Art Festival in the
Cathedral City Community Amphitheater.

Juanita Hernandez, Autism Society Inland Empire, stated that this is an inclusive and free event which highlights Autism in the Community. She stated that she has had a great experience with the City in the past.

M.O. 2024-25

A motion was made by Councilmember Gutierrez and seconded by Councilmember Gregory to approve the Special Use Permit for the Autism Society Inland Empire's 2024 Color the Spectrum Art Festival in the Cathedral City Community Amphitheater.

RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Mark Carnevale, Nancy Ross, Raymond Gregory, Ernesto Gutierrez
ABSENT: Rita Lamb
C. Strategic Plan Update and Adopton
Recommendation: Staff recommends that the City Council review and approve updates made to the Five-Year Strategic Plan made at the January 27, 2024 Goal Setting Session.

M.O. 2024-26

A motion was made by Councilmember Gutierrez and seconded by Councilmember Gregory to approve updates made to the Five -Year Strategic Plan made at the January 27, 2024 Goal Setting Session.

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

7. DISCUSSION ON FUTURE AGENDA ITEMS
Mayor Pro Tem Nancy Ross would like to agendize an item to discuss Autism Certification at a future meeting.

Councilmember Raymond Gregory would like the Council to sign a p roclamation related to Outdoor Workers Week.

ADJOURN

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Mayor Mark Carnevale adjourned the meeting at 8:30 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: February 28, 2024
From: Ryan Hunt, Communications and Events Manager
Title: Gift of Drone Light Show for 2024 LGBT Days

City Council

RECOMMENDATION:

To accept a gift in the amount of $50,000 from Grizzly Entertainment for a drone light show at Cathedral City LGBT Days.

BACKGROUND:

Communications & Events was contacted by Grizzly Entertainment to offer a drone show in exchange for the city receiving the show as a gift valued at approximately $50,000. The 200-drone unit light show took place at the Cathedral City Hot Air Balloon Festival in both 2022 and 2023, as well as LGBT Days 2023. They have offered the same for Cathedral City LGBT Days on Saturday, March 9, 2024. The purpose of the donation would be for the benefit of the public’s entertainment and to enhance the quality of programming for one of the City’s signature events.

DISCUSSION:

As California’s first Pride event of the year, the 8th annual Cathedral City LGBT Days , presented by Agua Caliente Casinos, brings together numerous LGBTQ + celebrities, artists, media, community leaders, Coachella Valley residents, and visitors for an unforgettable weekend of live entertainment, community engagement, and fun activities from March 8 – 10, 2024.

The drone show would be located at the same site as the 2023 Balloon Festival (the

13.5 acres utilized in 2023 LGBT Days is now the site of the Cathedral Cove development), which is located closer to the Cathedral City Senior Center and offers better sightlines for viewing inside the amphitheater. The City will need to use either citizens on patrol or police officers to control access into the area during rehearsal (March 6-7), as well as the actual show on Saturday, March 9, 2024, before comedian River Butcher performs at the Agua Caliente Casino in Cathedral City . The drones have minimal noise, especially in comparison to fireworks, and Grizzly Entertainment will list the city and SoundSkilz, our third -party contractor, as additional insured entities for coverage during the show.

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The show lasts 10 minutes and has been a popular addition at many events around the globe. Grizzly Entertainment will be responsible for receiving all permits and approvals from the Palm Springs International Airport, as this is a flight path for airplanes landing or taking off at the airport.

FISCAL IMPACT:

The City would be accepting the gift from Grizzly Entertainment in the amount of $50,000 and departmental in-kind costs both during rehearsals and the show.

FIVE-YEAR STRATEGIC PLAN:

Action F-6: Promote additional community events and celebrations.

ATTACHMENTS:

Drone Show 2024 Map
Grizzly Donation Letter to Cathedral City 2024

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Attachment: Drone Show 2024 Map (4118 : Gift of Drone Light Show for 2024 LGBT Days)

Palm Springs, February 20th, 2024

Ryan Hunt, CPC
Communications & Events Manager
City of Cathedral City, California
[email protected]

Subject: Donation Drone Light Show for Cathedral City – LGBT Days – March 8-10, 2024

Dear Mr. Hunt,

Our company, Grizzly Entertainment in continuation of supporting the local communities of Coachella Valley, we are donating to Cathedral City a Drone Light Show with a value of $50,000 to be performed during Cathedral City LGBT Days on Friday, March 8, 2024.

Please accept the above donation as a gesture of giving back to our community.

Thanking you again for your total support,

Themis Violaris, CEO

GRIZZLY ENTERTAINMENT LLC

Grizzly Entertainment LLC, 1135 Passage Street, Palm Springs, CA 92262 [email protected]●www.grizzlyglobal.net● +1 929 428 0773 Kindest regards,

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Attachment: Grizzly Donation Letter to Cathedral City 2024 (4118 : Gift of Drone Light Show for 2024 LGBT Days)

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Staff Report

City Council

Item No. 3.D

Meeting Date: February 28, 2024
From: Ryan Hunt, Communications and Events Manager
Title: 2024 MiChavela Festival SUP

City Council

RECOMMENDATION:

To approve a Special Use Permit for the 2024 MiChavela Festival to be held on Saturday, May 4, 2024, in the Festival Lawn Annex area.

BACKGROUND:

MiChavela Festival 2024 , in partnership with Luchador Brewing Company, will feature food, fun, music and Micheladas. This event, scheduled for 4 -11 p.m. on Saturday, May 4, 2024, will let residents and visitors enjoy the michelada mix of local vendors and vendors from across the country. Beer for the drinks will be provided by Luchador Brewing Company. Event organizers will also have live Lucha Libre and live entertainment for the whole family to enjoy.

DISCUSSION:

The MiChavela Festival 2024 , in partnership with Luchador Brewing Company, brings food, fun, music, and drinks to Downtown Cathedral City on Saturday, May 4, 2024 (Cinco de Mayo weekend). The event will feature Miche vendors, live music, a Lucha Libre match, food trucks, a beer garden with over 20 choices of beer, artisan vendors, lowrider classic car show and much more for the whole family to enjoy.

The event is proposed to take place near Luchador Brewing and the Festival Lawn Annex and organizers are requesting use of that space. This will be a public (ticketed) event. Tickets will start at $12 for presale and $15 for the day of the event.

Event organizers will have guards conducting searches at the entrance of the event, patrolling the inside of the event, checking IDs of those who wish to purchase alcoholic beverages and placing a special wristband on them, while keeping close eyes on bar areas. A total of 5 to 6 security personnel will be onsite for the event.

Burrtec has been contacted and has agreed to supply multiple trash bins and scattered trash boxes. Clean up staff will be onsite.

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Cathedral City Page 2 of 2 Printed on 2/22/2024

FISCAL IMPACT:

As a third-party event, the applicant must submit all necessary payments ($510 Special Use Permit application fee) and documentation to the City prior to the event. A clean- up/damage deposit of $600 or more may be required.

FIVE-YEAR STRATEGIC PLAN:

Action F-6: Promote additional community events and celebrations.

ATTACHMENTS:

MMF Special Use Permit Downtown 2024 Signed
Mi Chavela Fest 2024 Map Layout

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(Staff Use Only)
Case No.:

Related Files:

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

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

Name of Event:
__________________________________________________________________________________________

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

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

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Attachment: MMF Special Use Permit Downtown 2024 Signed (4117 : 2024 MiChavela Festival SUP)

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

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

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

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

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

Is your event open to the general public? _____ Yes _____ No Will your event sell concessions or food items? _____ Yes _____ No If yes, please know that the Cathedral City Community Amphitheater Concession Stand has an exclusive operator and has exclusivity on popcorn, kettle korn, regular hot dogs, and candy. 11 00
00 4
10 00
10 00
The Michelada Music Festival in partnership with Luchador Brewing Company will feature food, fun, music and of course Micheladas! This event will let you enjoy the michelada mix of multiple local and not so local vendors. Beer for the drinks will be provided by LBC. We will also have live Lucha Libre and live 500
800
05 2024
04 05
2024
04 05
03 24
05 06
24 entertainment for the whole family to enjoy.

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Attachment: MMF Special Use Permit Downtown 2024 Signed (4117 : 2024 MiChavela Festival SUP)

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

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

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

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

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

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

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

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

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

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

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

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

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Attachment: MMF Special Use Permit Downtown 2024 Signed (4117 : 2024 MiChavela Festival SUP)

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

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

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

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

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

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

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

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

We will have guards conducting searches at the entrance of the event, patrolling the inside of the event, checking ID’s of those who wish to purchase alcoholic beverages and placing a special wristband on them, while keeping close eyes on bar areas. A total of 5 to 6 security personnel will be onsite for the event.

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Attachment: MMF Special Use Permit Downtown 2024 Signed (4117 : 2024 MiChavela Festival SUP)

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

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

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

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

Hired security will render basic first aid. If the event is serious or if guest requests, 911 will be called. 1 Burrtec to supply 4 yard trash bin and scattered trash boxes. Clean up staff will be onsite.

TBD
No Hip/Hop or Rap!
Friday, May 3 @ 10am
Monday, May 6 @ 10am

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Attachment: MMF Special Use Permit Downtown 2024 Signed (4117 : 2024 MiChavela Festival SUP)

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

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

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

Printed Name of Applicant / Host Organization ______________________________________________ Title ___________________________________________________________________________ Signature ___________________________________________________________________________ Date _____________________________
Justin Finn
48610 Camio Maya
Coachella
CA
92236
760
404
9185
760
404
9185
[email protected]
Justin Finn
Producer
Justin Finn
Type text here
Mi Chavela Festival,Yum Food Fest & Night Market, Zoppe Family Circus 1/16/2024

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Attachment: MMF Special Use Permit Downtown 2024 Signed (4117 : 2024 MiChavela Festival SUP)

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

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Attachment: MMF Special Use Permit Downtown 2024 Signed (4117 : 2024 MiChavela Festival SUP)

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

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Attachment: MMF Special Use Permit Downtown 2024 Signed (4117 : 2024 MiChavela Festival SUP)

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Attachment: Mi

Cathedral City Page 1 of 3 Printed on 2/22/2024

Staff Report

City Council

Item No. 3.E

Meeting Date: February 28, 2024
From: Charles McClendon, City Manager
Title: Budget Amendment for Polling Contract

City Council

RECOMMENDATION:

To authorize a budget amendment in the amount of $42,500 to cover the cost of a contract to provide public opinion polling services.

BACKGROUND:

At their meeting on August 3, 2022, the City Council of Cathedral City voted to place a local funding measure (Measure K) for parks and recreation on the November 2022 ballot. Had it been approved by voters, this measure would have cost property owners 15-cents per building square foot annually on single -family residential units to allow Cathedral City and the Desert Recreation District (DRD) to:

• Provide safe and clean parks, playgrounds, and recreational facilities in Cathedral City
• Maintain and improve neighborhood park safety
• Maintain safe drinking water and improve water conservation • Enhance youth drug and gang prevention programs
• Provide affordable after-school and senior programs
• Address homelessness in local parks
• Make a wide array of recreational programs available in Cathedral City • Provide funding to develop a community recreation center

Because it was a single purpose tax measure, provisions in California state law imposed a super majority requirement on Measure K, meaning a two-thirds majority was needed for adoption. The measure received majority support from Cathedral City voters but did not reach the required two-thirds level for adoption:

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Yes 6,980 55%
No 5,808 45%
Total Votes 12,788

As a result of the strong community support for providing parks and recreation services and programs in Cathedral City, the City Council adopted the following action item as part of their five-year strategic plan adopted in April of 2023:

Action B -13 Develop a plan to address the need for funding for parks and recreation services through the DRD; and other resident priorities including streets, and work toward a potential funding measure in 2024

The City Manager appointed a committee of residents to review unfunded needs in the community, explore possible solutions and potentially make recommendations to the City Council.

The committee first met and began their work on October 26, 2023. They met a total of four times through their final meeting on January 11, 2024. At that final meeting , the committee discussed ideas from committee members for addressing the identified funding gaps. Discussion included the applicability and limitations of grant funding, public-private partnerships and single-purpose tax measures. Ultimately, the committee members coalesced around recommending a general purpose, half -cent sales tax (transaction and use tax) to the City Council. It was noted that a half -cent tax would raise about the same amount as the original Measure K would have raised – approximately $5 million per year. That amount of revenue would fund, in approximately equal amounts the following:

1. Annexation into the DRD and their assumption of parks maintenance responsibilities in Cathedral City.

2. Operating costs for a community recreation center.

3. Debt service costs to develop a community recreation center – most likely the adaptive reuse of an existing building.

4. An additional $1 million per year for street maintenance work per the pavement management plan.

5. The addition of a two -person medical response ambulance on each of the fire department’s three shifts (six staff total).

During the presentation of the Resident Study Committee findings in study session on January 24, 2024, staff indicated th e next steps would include public opinion polling among Cathedral City voters.

DISCUSSION:

After the study session on January 24, 2024, staff contacted FM3 a professional polling organization that has done work for Cathedral City over the years and most recently to determine community priorities prior to the Strategic Planning workshop in January

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2023.

FM3 submitted a proposed scope of work and cost proposal to staff and the City Attorney’s office prepared the attached contract in the not to exceed amount of $42,500.

A budget amendment is required to fund the contract.

FISCAL IMPACT:

The cost of the contract is $42,500. Work will be completed in March and April of 2024.

FIVE-YEAR STRATEGIC PLAN:

The 2024 Strategic Plan approved on February 14, 2024 includes the following:

B-11 City Council to support a measure to provide funding for parks and recreation services through the DRD and other resident priorities including streets and enhanced Fire Department services.

ATTACHMENTS:
contract for servics - fm3 - signed (Temp) (Converted)

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RIV #4872-1359-7348 v1 - 1 -

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND

FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES
This Agreement for Services (“Agreement”) is entered into as of thi s 13th day of February, 2024 by and between the City of Cathedral City , a charter city (“City”) and Fairbank, Maslin, Maul lin, Metz & Associates, a California S Corporation (“Contractor”).

City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for six (6) months commencing on the date referenced above.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (herei nafter, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, ma y choose not to enforce the Default provisions of this Agreement and may instead allo w Service Provider to continue performing the Services.

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Attachment: contract for servics - fm3 - signed (Temp) (Converted) (4110 : Budget Amendment for Polling Contract) RIV #4872-1359-7348 v1 - 2 -
SECTION 3. ADDITIONAL SERVICES.

Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “ Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitati ons set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed forty-two thousand five hundred dollars ($ 42,500) plus reasonable travel costs, unless additional comp ensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any c harges or expenses are disputed by C ity, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect

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Attachment: contract for servics - fm3 - signed (Temp) (Converted) (4110 : Budget Amendment for Polling Contract) RIV #4872-1359-7348 v1 - 3 -
to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any ma ps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, s tudies, surveys, reports, data, notes, computer files, files or other documents.

All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensati on i n Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this

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Attachment: contract for servics - fm3 - signed (Temp) (Converted) (4110 : Budget Amendment for Polling Contract) RIV #4872-1359-7348 v1 - 4 -
Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.

SECTION 9. STANDARD OF PERFORMANCE.

Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In

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Attachment: contract for servics - fm3 - signed (Temp) (Converted) (4110 : Budget Amendment for Polling Contract) RIV #4872-1359-7348 v1 - 5 -
meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work perform ed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

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SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, resp onse to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.

Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and

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the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be hel d criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made i n confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed i n a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys ’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, incl uding but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any li ability (including liability for clai ms, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on

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the successors, assigns or heirs of Contractor and shall survive the terminati on of this Agreement or this section.
(d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this secti on shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.

Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Te rmination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.

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(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.

Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such ca uses.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:

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To City: City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: Fairbank, Maslin, Maullin,Metz & Associates Attn: Richard Bernard, Ph.D.
12100 Wilshire Blvd., Suite 350
Los Angeles, CA 90025
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreem ent.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the City of Cathedral City Municipal Code and its adopted policies and procedures.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the City Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights

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under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or wri tten, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remai ning provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

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SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]

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CITY OF CATHEDRAL CITY
___________________________
Charles P. McClendon
City Manager
ATTEST:
___________________________
Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM
Burke, Williams & Sorensen, LLP
_______________________________
Eric S. Vail, City Attorney
Fairbank, Maslin, Maullin, Metz &
Associates
____
Richard Bernard, Ph.D., Partner

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EXHIBIT "A"

SCOPE OF SERVICES
Contractor will undertake all work necessary to prepare and conduct a 20 -minute baseline dual-mode survey (online and by telephone) among a random sample of 400 City of Cathedral City registered voters likely to vote in the November 2024 General Election related to City’s proposed general transaction and use tax as follows:

Research Methodology: Dual-mode voter survey
Date Collection Mode: Telephone and online interviews
Respondent Contact Method Telephone calls, email and text message invitations Sample 400 City of Cathedral City registered voters likely to vote in November 2024 General Election
Margin of Error ±4.9% for a sample of 400 interviews
Sampling Error At the 95% confidence level (i.e. in 95 out of 100 cases)
Questionnaire 20-minute survey, featuring between approximately 35-55 unique questions (including battery question
items and demographic questions)
Language English and Spanish (online and by telephone)
Deliverables Within 15 days the completion of the survey, Contractor will provide the following:

An approved questionnaire for easy
reference
An analysis of survey results in
PowerPoint
A presentation of survey results (if
requested by City)
Also included are all costs for questionnaire design,
translation, sample acquisition and preparation,
programming, email and text message invitations,
bilingual online survey hosting, bilingual telephone
interviewing, date entry and analysis, and reporting

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Ongoing Consultation Contractor will be available for ongoing consultation and any further analysis and research (additional
compensation may need to be negotiated if the cost
of such work exceeds the maximum contract price)

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EXHIBIT "B"

COMPENSATION
Contractor shall provide and conduct all of the work specified in Exhibit “A” Scope of Work for a cost not to exceed Forty-two thousand five hundred dollars ($42,500) plus reasonable travel costs approved in advance by City’s City Manager. Reasonable travel costs shall mean mileage charged at the 2024 IRS Business rate; hotel accommodations and air flight consistent with IRS governmental reimb ursement rates.

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EXHIBIT "C"

INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the S ervices by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.

Best's rating of no less than A:VII.

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.

2. Minimum Limits of Insurance . Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. One million dollars
($1,000,000) general aggregate for bodily injury, personal injury and property damage. (2) Automobile. Automobile bodily injury and property damage liability insurance, the limits of which shall not be less than one million dollars ($1,000,000) combined single limit per occurrence, whichever is greater. Such insurance shall extend to owned, non -owned and hired automobiles used by Contractor in performance of this contract.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.

B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

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1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

2. Commercial General Liability and Automobile Liability Coverages . (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Contractor’s insurance coverage shall be pri mary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of i nsurance necessary to satisfy City that the i nsurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

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1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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Cathedral City Page 1 of 2 Printed on 2/22/2024

Staff Report

City Council

Item No. 5.A

Meeting Date: February 28, 2024
From: Kevin Biersack, Financial Services Director
Title: CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing

City Council

RECOMMENDATION:

City Council of the City of Cathedral City, acting on behalf of Improvement Area (IA) No. 20 of the City of Cathedral City Community Facilities District (CFD) 2006 -1 (law enforcement, police, paramedic, park and general maintenance services), adopt the following:

· Resolution of Formation determining the validity of prior proceedings (Resolution 2024-01, Resolution of Intention)

· Resolution Calling for a Special Election

· Resolution Canvassing the Results of the Special Election

· Introduce the 1st reading of an Ordinance Authorizing the Levy of a Special Tax

BACKGROUND:

On January 10, 2024, the City Council declared its intention to form Improvement Area No.20 of the City of Cathedral City Community Facilities District No. 2006 -1 (law enforcement, fire, paramedic, park maintenance and general maintenance services) (“CFD”) for the purpose of paying for additional law enforcement, fire, paramedic, park and general maintenance services within areas of new development.

DISCUSSION:

A public hearing has been set for February 28, 2024. As directed in the Resolution of Intention, David Taussig & Associates, Inc. prepared the Rate and Method of Apportionment (“RMA”), an analysis of the special tax to allow each property owner or resident, within the proposed district, to understand the annual amount required for payment.

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Cathedral City Page 2 of 2 Printed on 2/22/2024
New developments are conditioned to join CFD 2006 -1 and will join through an annexation process. The annexations will be processed in a timely manner, as new developments go through the approval processes. If formed, this CFD will provide a secure source of funding for the services described above that may not be taken away by Sacramento in the case of State budget cuts. It is proposed this Improvement Area will be formed within the CFD for the Rio Vista Village Condos, a 58-unit development project.

Provided there is no majority protest at this public hearing, the City Council may adopt the resolution forming the CFD. A waiver regarding election timelines from the property owner has been received, so an election can be held February 28, 2024 authorizing the levy of a special tax. Should the proposition for the CFD pass with a two -thirds vote from the qualified voters (the landowners) within the CFD, the City Council may have the first reading of an Ordinance levying the special tax.

FISCAL IMPACT:

The proposed project is residential therefore, as identified in Table 1, the rate for Land Use Class of Residential, per Equivalent Dwelling Unit (“EDU”) for Fiscal Year (“FY”) 2023-2024, is $662.87. The Non-Retail Commercial/Industrial Property special tax is not applicable. This special tax increases (but does not decrease) by the percentage change in the Consumer Price Index, not to exceed one percent (1%) per Fiscal Year.

The proposed IA No. 20, Rio Vista Village Condos project will generate annual revenue in the amount of $38,446.46.

FIVE-YEAR STRATEGIC PLAN:

This action will further Goal C – Fiscal Stability and Sustainability

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

ATTACHMENTS:

CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION CALLING A SPECIAL

ELECTION
CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION CANVASSING RESULTS OF

THE SPECIAL ELECTION
CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION OF FORMATION CATHEDRAL CITY CFD 2006-1, IA #20 - ORDINANCE
CFD Report IA 20 02
Cathedral City CFD 2006-1 IA 20 (recorded)

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RESOLUTION NO. 2024-_____

RESOLUTION OF T HE CITY COUNCIL OF THE CITY OF

CATHEDRAL CITY ACTING ON BEHALF OF IMPROVEMENT AREA
NO. 20 OF THE CITY OF CATHEDRAL CITY COMMUNITY
FACILITIES DISTRICT NO. 200 6-1 ( LAW ENFORCEMENT, FIRE,

PARAMEDIC, PARK MAINTENANCE AND GENERAL

MAINTENANCE SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “Council”) of the City of Cathedral City , California (the “City”), has heretofore adopted Resolution No. 2024-01 stating its intention to form Improvement Area No. 20 of the City of Cathedral City Community Facilities District No. 2006- 1 (law enforcement, fire, paramedic, park maintenance and general maintenance services) (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 2024-01, incorporating a description and map of the proposed boundaries of the District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a po rtion of the cost of providing police protection, fire protection/paramedic and park maintenance s ervices that are in addition to those provided in the territory within the District prior to the formation of the District and do not suppla nt services alread y available within the territory proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and
WHEREAS, on February 28, 2024 this Council held a noticed hearing as required by law relative to the proposed formation of the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and
WHEREAS, at said hear ing e vidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and
WHEREAS, t his Council adopted its Resolution No. 2024-______ (the “Resol ution of Formation”) determining the validity of prior proceedings and establishing the District; and WHEREAS, the proposed special tax to be levied upon property within the District to finance the above referenced public services h as not been precluded by protest of the o wners of one-half (1/2) or more of the area of land within the District; and WHEREAS, this Council wishes to present to the qualified electors of the District a proposition to levy special taxes on property within the District;

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION CALLING A SPECIAL ELECTION (4092 : CFD 2006-1, IA #20, Formation,

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

Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of the District a proposition (the “Pr oposition”) to levy spec ial taxes on prop erty within the District in accordance with the rate and method specified in the Resolution of Formation. The Proposition is attached as Exhibit “A.” Section 2. A special election is hereby called for the District on the Proposition set forth in Section 1 above.

Section 3. The City Clerk shall hand deliver the ballot to the landowner immediately upon the adoption of this Resolution or shall have mailed the ballot in advance.

Section 4. The date of the special electi on for the District on the Proposition shall be on February 28, 2024. The voter ballot shall be returned to the City Clerk at 68700 Avenida Lalo Guerrero, Cathedral City, California 92234, no later than 5:30 o’clock p.m. on February 28, 2024.

Section 5. The Council f inds and dete rmines that the re were no registered voters residing within the territory of proposed District at the time of the protest hearing and ninety (90) days prior thereto.

Section 6. The District shall constitute a single election precinct for the purpose of holding said election.

Section 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Cathedral City, as the elections official.

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION CALLING A SPECIAL ELECTION (4092 : CFD 2006-1, IA #20, Formation, PASSED, APPROVED and ADOPTED this 28th day of February, 2024 by t he following votes:

AYES:

NOES:

MAYOR

ATTEST:

CITY CLERK

APPROVED AS TO FORM:

_____________________________

CITY ATTORNEY

REVIEWED:

_____________________________

CITY MANAGER

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION CALLING A SPECIAL ELECTION (4092 : CFD 2006-1, IA #20, Formation, RESOLUTION NO. 2024-_____

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CATHEDRAL CITY ACTING ON BEHALF OF IMPROVEMENT AREA
NO. 20 OF THE CITY OF CATHEDRAL CITY COMMUNITY
FACILITIES DISTRICT NO. 200 6-1 ( LAW ENFORCEMENT, FIRE,

PARAMEDIC, PARK MAINTENANCE AND GENERAL

MAINTENANCE SERVICES) CANVASSING THE RESULTS OF THE

SPECIAL ELECTION HELD WITHIN SAID DISTRICT
WHEREAS, the City Council of the City of Cathedral City, California (the “Council”) has previously conducted proceedings pertaining to the formation of Improvement Area No. 20 of the City of Cathedral City Community Facilities District No. 200 6-1 (law enforcement, fire, paramedic, park maintenance and general maintenance s ervices) ( the “District”), the rate and method of apportionment of a special tax to finance a portion of th e cost of providin g certain public services, and the calling of a special election in regard to the foregoing; and WHEREAS, on February 28, 20 24 a special election was held within the District regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such special election the proposal for the rate and method of apportionment and manner of collection of the special tax for the District was approved by the qualified electors of the District;

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

Section 1. It is hereby determined that the election conducted within the District was duly conducted.

Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of District, as specified in Resolution No. 2024- __ adopted by the City Council on February 28, 2024.

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION CANVASSING RESULTS OF THE SPECIAL ELECTION (4092 : CFD 2006-1, IA PASSED, APPROVED and ADOPTED this 28th day of February, 20 24 by the following votes:

AYES:

NOES:

MAYOR

ATTEST:

CITY CLERK

APPROVED AS TO FORM:

_____________________________

CITY ATTORNEY

REVIEWED:

_____________________________

CITY MANAGER

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION CANVASSING RESULTS OF THE SPECIAL ELECTION (4092 : CFD 2006-1, IA RESOLUTION NO. 2024-_____

RESOLUTION OF FORMATION OF T HE CITY COUNCIL OF THE

CITY OF CATHEDRAL CITY DETERMINING THE VALIDITY OF
PRIOR PROCEEDINGS, ESTABLISHING IMPROVEMENT AREA NO.
20 OF THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES
DISTRICT NO. 200 6-1 ( LAW ENFORCEMENT, FIRE, PARAMEDIC ,

PARK MAINTENANCE AND GENERAL MAINTENANCE SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Cathedral City , California (the “City”), has heretofore adopted Resolution No. 2024-01 stating its intention to fo rm Improvement Area No. 20 of the City of Cathedral City Community Facilities District No. 2006- 1 ( law enforcement, fire, paramedic, park maintenance and general services) ( the “District ”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, a copy of Resolution No. 2024-01, incorporating a description and map of the proposed boundaries of The District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a portion of the cost of providing police protection services, fire protection/paramedic services and park maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant servi ces already available within the territory of proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and
WHEREAS, Resolution No. 2024-01 set February 28, 20 24 as the date o f the public hearing on the formation of the District and this Council held the said public hearing as required by law; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all m atters perta ining to the form ation of the District were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises;

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

Section 1 . Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines the proceedings prior hereto were valid and in conformity with the requirements of the Act.

Section 2. A community facilities district to be designated “Improvement Area No. 20 of the City of Cathedral City Community Facilities District No. 200 6-1 ( law enforcement, fire, paramedic, park maintenance and general maintenance services)” is hereby established pursuant to the Act.

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION OF FORMATION (4092 : CFD 2006-1, IA #20, Formation, Election and 2 Section 3. The description and map of the boundaries of the District on file in the City Clerk’s office and as described in said Resolution No. 2024-01 and incorpora ted h erein by reference, shall be the boundaries o f the District. The map of the proposed boundaries of the District has been recorded in the Office of the County Recorder of Riverside County, California in Book 92 page 67 of the Book of Maps of Assessme nts a nd Community Facili ties Districts (Instrument Number 2024-0038084).

Section 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a po rtion of the cost of providing police protection, fire protection/paramedic and park maintenance se rvices that are in addition to those provided in the territory within The District prior to the formation of the District and do not supplant services already av ailable within the terri tory proposed to be included in the District. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services.

Section 5 . Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the Council hereby establishes the following accountability measures pertaining to the levy by the District within the District of the special tax:

A. Such special tax shall be levied for the specific purposes set forth herein.

B. The proceeds of the levy of such special tax shall be applied only to the specific purposes set forth herein.

C. The Distri ct shall establish an ac count or accounts into whi ch the proceeds of such special tax shall be deposited.

D. The City Manager, or his or here designee, acting for and on behalf of the District, shall annually file a report with the Council as required purs uant to Government Code Section 50075.3.

Section 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in the District, and this lien shall continue in for ce and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases.

Section 7. The Council finds that the proposed public services are neces sary to meet the increased demand put upon the City as a result of the development within the District.

Section 8. The Council finds that there is not an ad valorem property tax currently being levied on property within the proposed the District for the exclusive purpose of financing police, fire, paramedic and park maintenance services.

Section 9. Written protests against the establishment of the District , or against the furnishing of specified services or facilities or the levying of a specified special tax within the

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION OF FORMATION (4092 : CFD 2006-1, IA #20, Formation, Election and 3 District, have not been filed by f ifty percent (50%) o r more of the registered voters or property owners of one-half (1/2) or more of the area of land within the proposed the District.

Section 10. Written protests against the future annexa tion of the Future Annex ation Area, or against the furnishing of specified services or facilities or the levying of a specified special tax within such Future Annexation Area, have not been filed by fifty percent (50%) or more of the registered voters or p roperty owners of one -half (1/2) or more of the ar ea of land within the Future Annexation Area.

Section 11. The Office of the City Manager, 68700 Avenida Lalo Guerrero , Cathedral City, California 9 2234, ( 760) 770-0340, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.

Section 12. The City Clerk is directed to certi fy and attest to this Re solution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit.

PASSED, APPROVED and ADOPTED this 28th day of February, 2024 by the following votes:

AYES:

NOES:

MAYOR

ATTEST:

CITY CLERK

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION OF FORMATION (4092 : CFD 2006-1, IA #20, Formation, Election and 4 APPROVED AS TO FORM:

_____________________________

CITY ATTORNEY

REVIEWED:

_____________________________

CITY MANAGER

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION OF FORMATION (4092 : CFD 2006-1, IA #20, Formation, Election and

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAX

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - RESOLUTION OF FORMATION (4092 : CFD 2006-1, IA #20, Formation, Election and ORDINANCE NO. _____

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CATHEDRAL CITY ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 200 6-1 ( LAW

ENFORCEMENT, FIRE, PARAMEDIC , PARK MAINTENANCE AND

GENERAL MAINTENANCE SERVICES) OF THE CITY OF

CATHEDRAL CITY AUTHORIZING THE LEVY OF A SPECIAL TAX

WITHIN SAID DISTRICT

WHEREAS, on January 10, 2024, the City Council (the “Council”) of the City of Cathedral City, California (the “City”) adopted Resolution No. 2024-01 stating its intention to form Improvement Area No. 20 of the City of Cathedral City Community Facilities District No. 2006-1 (law enforcement, fire, paramedic, park maintenance and general maintenance services) (the “District”) pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, n otice was published as required by law relative to the intention of the Council to form the district; and
WHEREAS, on February 28, 2024 this Council held a noticed public hearing as required by law relative to the de termination to proceed with the formation of the district and the rate and method of apportionment and manner of collection of the special tax to be levied within the District to finance certain public services; and
WHEREAS, at said hearing all persons desi ring to be heard on all matters pertaining to the formation of the district were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said heari ng adopted Resolution No. 2024- __ (the “Resolution of Formation”) determining th e validity of prior proc eedings relative to the formation of the district and establishing the district; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2024- __ which called an election within the district for February 28, 2024 on the proposition of levying a special tax; and
WHEREAS, on February 28, 2024, an election was held within the district in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax.

NOW, THEREFORE, BE IT ORDAINED, by the Ci ty Council of the City o f Cathedral City as follows:

Section 1. A special tax is levied within the boundaries of the district pursuant to the formula set forth in Exhibit “A” attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing police p rotection, fire

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - ORDINANCE (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public protection/paramedic and park maintenance services that are in addition to those provided in the territory within the district prior to the formation of the district.

Section 2. This legislative body is hereby further authorized to provide, by resolution adopted as provided in Section 53340 of the Act, for the levy of the special tax in the then current tax year or future tax years, except that the special tax rates to be levied shall not exceed the maximum rates set forth in Exhibit “A”.

Section 3. All the collections of the special tax shall be used as provided for in the Act and the Resolution of Formation.

Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes ar e collected and sh all be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes.

Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulat ion published a nd circu lated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.

Section 6. This ordinance relating to the levy of t he special tax takes e ffect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor, and the Treasurer-Tax Collector of Riverside County.

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - ORDINANCE (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public PASSED, APPROVED and ADOPTED this 28th day of February, 20 24 by the following votes:

AYES:

NOES:

MAYOR

ATTEST:

CITY CLERK

APPROVED AS TO FORM:

_____________________________

CITY ATTORNEY

REVIEWED:

_____________________________

CITY MANAGER

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - ORDINANCE (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT

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Attachment: CATHEDRAL CITY CFD 2006-1, IA #20 - ORDINANCE (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Irvine | San Jose | San Francisco | Riverside
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COMMUNITY FACILITIES

DISTRICT REPORT

CITY OF CATHEDRAL CITY
IMPROVEMENT AREA NO. 20 OF
COMMUNITY FACILITIES DISTRICT NO. 2006 -1
(RIO VISTA VILLAGE CONDOS )
February 14, 2024

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) www.FinanceDTA.com 18201 Von Karman Avenue, Suite 220
Irvine, CA 92612

COMMUNITY FACILITIES DISTRICT REPORT
MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
IMPROVEMENT AREA NO. 20 OF THE

CITY OF CATHEDRAL CITY
COMMUNITY FACILITIES DISTRICT NO. 2006 -1
(RIO VISTA VILLAGE CONDOS )
Prepared for:

CITY OF CATHEDRAL CITY
68700 AVENIDA LALA GUERRERO, CATHEDRAL CITY, CA 92234

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) TABLE

OF CONTENTS

SECTION
I INTRODUCTION ................................ .............................. 1 II PROJECT DESCRIPTION ................................ ................ 2

III DESCRIPTION AND ESTIMATED COSTS OF
PROPOSED SERVICES ................................ ..................... 3 A Description of P roposed Services ................................ ... 3 B Estimated Costs of Public Services ................................ . 3

IV BONDED INDEBTEDNESS AND INCIDENTAL
EXPENSES ................................ ................................ .......... 4 A Projected Bond Sales ................................ ......................... 4 B Incidental Expenses to be Included in the
Annual Levy of Special Taxes ................................ ........... 4 V RATE AND METHOD OF APPORTIONMENT .............. 5
A Explanation for Special Tax Apportionment ................. 5 B Maximum Special Tax ................................ ........................ 6 C Apportionment of Special Taxes ................................ ..... 6 D Accuracy of Information ................................ ................... 6 VI BOUNDARIES OF THE CFD ................................ ............ 7 VII GENERAL TERMS AND CONDITIONS ......................... 8 A Substitution of Services ................................ ..................... 8 B Appeals and Interpretations ................................ ............. 8

APPENDICES

APPENDIX A RATE AND METHOD OF

APPORTIONMENT

APPENDIX B ASSIGNED SPECIAL TAX RATES FOR

DEVELOPED PROPERTY

APPENDIX C BOUNDARY MAP

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) 1 SECTION I

INTRODUCTION
City of Cathedral City February 14, 2024
Improvement Area No. 20 of Community Facilities District No. 2006-1 www.FinanceDTA.com

I INTRODUCTION
WHEREAS, the City Council of the City of Cathedral City (hereinafter referred to as the "Council") did, pursuant to the provision of the "Mello -Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written " Report" with the legislative body of the proposed community facilities district. This community facilities district being Improvement AreaNo. 20 of Community Facilities District No. 2006-1 shall hereinafter be referred to as:
"IA No. 20 of CFD No. 2006-1"; and,
WHEREAS, a Resolution of Intention of the City Council of the City of Cathedral City to establish Improvement Area No. 20 of the City of Cathedral City Community Facilities District No. 2006 -1 (Rio Vista Village Condos ) and to Authorize the Levy of a Special Tax within said Improvement Area did direct that said Report generally contain the following:

1. An estimate of the cost of providing additional law enforcement, fire and paramedic services, and park maintenance within the boundary of the CFD; and

2. An estimate of the fair and reasonable cost of all incidental expenses, including all costs associated with the creation of the CFD, determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the CFD.

WHEREAS, the City Manager of the City of Cathedral City has caused the Report to be prepared by DTA. pursuant to the provisions of the Resolution of Intention.

NOW, THEREFORE, DTA does hereby submit the Report.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) 2 SECTION II

PROJECT DESCRIPTION
City of Cathedral City February 14, 2024
Improvement Area No. 20 of Community Facilities District No. 2006-1 www.FinanceDTA.com

II PROJECT DESCRIPTION
IA No. 20 of CFD No. 2006-1 includes approximately 8.58 acres bounded by Verona Road to the south and Landau Boulevard to the west . This property is expected to be developed with 58 residential units.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) 3 SECTION I II

DESCRIPTION AND ESTIMATED

COSTS OF PROPOSED SERVICES
City of Cathedral City February 14, 2024
Improvement Area No. 20 of Community Facilities District No. 2006-1 www.FinanceDTA.com

III DESCRIPTION AND ESTIMATED COSTS OF PROPOSED SERVICES A CFD may provide for the purchase, construction, expansion or rehabilitation of any real or tangible property, including public facilities and infrastructure improvements, with an estimated useful life of five (5) years or longer, which is necessary to meet in creased demands placed upon local agencies as a result of development or rehabilitation occurring within the CFD. A CFD may also provide for financing of certain public services to meet these demands.

A Description of Proposed Services
IA No. 20 of CFD No. 2006-1 may finance all or some of the following: (a) police protection services, (b) fire protection and paramedic services, and (c) park maintenance services.

B Estimated Costs of Proposed Public Services
The intent of IA No. 20 of CFD No. 2006-1 is to fund the anticipated revenue shortfall to the City of Cathedral City as a result of development within the CFD. Based on the expected development of 58 units of Residential Property at buildout, the fiscal year 2023-24 Maximum Special Tax that may be levied against all Developed Property within IANo. 20 of CFD No. 2006 -1 is $38,446. This amount will escalate by the percentage change in the Consumer Price Index not to exceed one percent (1%) of the amount ineffect in the previous Fiscal Year. The actual cost of the proposed annual public services exceeds the amount of annual Maximum Special Taxes that can be generated within IA No. 20 of CFD No. 2006-1.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) 4 SECTION IV

BONDED INDEBTEDNESS AND

INCIDENTIAL EXPENSES
City of Cathedral City February 14, 2024
Improvement Area No. 20 of Community Facilities District No. 2006-1 www.FinanceDTA.com

IV BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES
A Projected Bond Sales
IA No. 20of CFD No. 2006-1 is not currently authorized to sell bonds.

B Incidental Expenses to be Included in the Annual Levy of Special Taxes Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, in whole or part, the cost of providing public facilities, services and incidental expenses.

As defined by the Act, incidental expenses may include, but are not limited to, the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; the costs associated with the creation of IA No. 20 , determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposesof IA No. 20; and any other expenses incidental to the inspection of the authorized work. While the actual cost of administering IA No. 20 of CFD No. 2006 -1 may vary, it is anticipated that the amount of special taxes which can be collected from the property currently in IA No. 20 of CFD No. 2006-1 will be sufficient to fund annual administrative expenses.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) 5 SECTION V

RATE AND METHOD OF

APPORTIONMENT
City of Cathedral City February 14, 2024
Improvement Area No. 20 of Community Facilities District No. 2006-1 www.FinanceDTA.com

V RATE AND METHOD OF APPORTIONMENT
All of the property located within IA No. 20 of CFD No. 2006-1, unless exempted by law or by the Rate and Method of Apportionment, shall be taxed for the purpose of providing necessary services to serve IANo. 20 of CFD No. 2006-1. Pursuant to Section 53325.3 of the Act, the tax imposed “is a Special Tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property.” The Special Tax “may be based onbenefit received by parcels of real property, the cost of making facilities or authorized services available to each parcel or other reasonable basis as determined by the legislative body,” although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitution.

As shown in Appendix A, the adopted Rate and Method of Apportionment provides information sufficient to allow each property owner within IA No. 20 of CFD No. 2006-1 to estimate the maximum annual Special Tax he or she will be required to pay. Sections A through C, below, provide additional information on the Rate and Method of Apportionment for IA No. 20 of CFD No. 2006-1.

A Explanation for Special Tax Apportionment
When a CFD is formed, a Special Tax may be levied on each parcel of taxable property within the CFD to pay for the construction, acquisition and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses incurred by IA No. 20 of CFD No. 2006 -1. This Special Tax must be apportioned in a reasonable manner; however, the tax may not be apportioned on an ad valorem basis.

When more than one type of land use is present within a CFD, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on building square footage, acreage, and land uses are selected, and categories based on such criteria are established to differentiate between parcels of property. These categories are a direct result of the projected product mix and are reflective of the proposed land use types within that CFD. Specific Special Tax levels are assigned to each land u se class, with all parcels within a land use class assigned the same Special Tax rate.

The Act does not require that Special Taxes be apportioned to individual parcels based on benefit received. However, in order to ensure fairness and equity, benefit principles have been incorporated in establishing the Special Tax rates for IA No. 20 of CFD No. 2006-1.

The major assumption inherent in the Special Tax rates set forth in the Rate and Method of Apportionment is that the level of benefit received from the proposed public services is a function of land use.

Two Land Use Classes have been established for IA No. 20 of CFD No. 2006-1. Residential Property shall be assigned to Land Use Class 1 and taxed based on the number of unit(s) located on the Assessor’s Parcel. Non-Retail Commercial/Industrial Property will be assigned to Land Use Class 2 and taxed based on the square footage of floor area located on the Assessor’s Parcel.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) 6 SECTION V

RATE AND METHOD OF

APPORTIONMENT
City of Cathedral City February 14, 2024
Improvement Area No. 20 of Community Facilities District No. 2006-1 www.FinanceDTA.com
Based on the types of public services that are proposed for IANo. 20 of CFD No. 2006-1 and the factors described above, the Special Taxes assigned to Developed Property are generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes in IA No. 20 of CFD No. 2006-1 can be considered fair and reasonable.

B Maximum Special Tax
Appendix B lists the fiscal year 2023-2024 Maximum Special Tax that may be levied against Developed Property within IA No. 20 of CFD No. 2006-1. Each July 1, the Maximum Special Tax on Developed Property shall be increased by the percentage change in the Consumer Price Index not to exceed one percent (1%) of the amount in effect in the previous Fiscal Year. No Special Tax shall be levied on Undeveloped Property.

C Apportionment of Special Taxes
Each year the Special Tax shall be levied subject to the methodology and Maximum Special Taxes set forth in the Rate and Method of Apportionment.

D Accuracy of Information
In order to establish the Maximum Special Tax rate for Developed Property as set forth in the Rate and Method of Apportionment for IA No. 20 of CFD No. 2006-1, DTA has relied on information which was provided toDTA by others. DTA has not independently verified such data and disclaims responsibility for the impact of inaccurate data provided by others, if any, on the Rate and Method of Apportionment for IA No. 20 of CFD No. 2006-1, including the inability to meet the financial obligations of IA No. 20 of CFD No. 2006-1.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) 7 SECTION VI

BOUNDARIES OF THE CFD
City of Cathedral City February 14, 2024
Improvement Area No. 20 of Community Facilities District No. 2006-1 www.FinanceDTA.com

VI BOUNDARIES OF THE CFD
The boundaries of IA No. 20 of CFD No. 2006-1 include all land on which the Special Taxes may be levied. A map showing the boundaries of IA No. 20 of CFD No. 2006-1 is provided as Appendix C.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) 8 SECTION VII

GENERAL TERMS AND

CONDITIONS
City of Cathedral City February 14, 2024
Improvement Area No. 20 of Community Facilities District No. 2006-1 www.FinanceDTA.com

VII GENERAL TERMS AND CONDITIONS
A Substitution Facilities
The descriptions of the public services, as set forth herein, are general in their nature. The final nature, location, and costs of services will be determined by the City of Cathedral City.

The City of Cathedral City may modify the services provided and any suchsubstitution shall not be a change or modification in the proceedings as long as the services provide a function substantially similar to that as set forth in this Report.

B Appeals and Interpretations
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previou sly levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund t o the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing)

APPENDIX A
Improvement Area No. 20 of the
City of Cathedral City
CFD No. 2006-1

RATE AND METHOD OF

APPORTIONMENT

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) City of Cathedral City November 9 , 2023
IA No. 20 of CFD No. 2006 -1 (Rio Vista Village Condos ) Page 1

RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 20 OF
COMMUNITY FACILITIES DISTRICT NO. 200 6-1
(RIO VISTA VILLAGE CONDOS )

OF THE CITY OF CATHEDRAL CITY
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Improvement Area No. 20 (“IA No. 20”) of Community Facilities District No. 2006-1 of the City of Cathedral City ("CFD No. 2006-1") and collected each Fiscal Year commencing in Fiscal Year 2023-2024, in an amount determined by the Council through the application of the appropriate Special Tax for "Developed Property" as described below. All of the real property in IA No. 20, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of IA No. 20: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City,IA No. 20 or any designee thereof of complying with City or IA No. 20 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City,IA No. 20 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City orIA No. 20 for any other administrative purposes of IA No. 20, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) City of Cathedral City November 9 , 2023
IA No. 20 of CFD No. 2006 -1 (Rio Vista Village Condos ) Page 2 "CFD Administrator" means an official of the City, or designee thereof, responsible for the annual administration of IA No. 20 as provided herein. "CFD No. 2006-1" means Community Facilities District No.2006-1 of the City. "City" means the City of Cathedral City.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2006-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued after March 1, 2023 and prior to May 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Floor Area" for any Non-Residential Property means the total square footage of the building(s) located on such property, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel.
"Improvement Area No. 20 " means Improvement Area No. 20 of CFD No. 2006-1 (Rio Vista Village Condos), as identified on the boundary map for CFD No. 2006-1.
"Land Use Class" means any of the classes listed in Table 1. "Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C.1 below, which can be levied in any Fiscal Year on any Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels for which a building permit(s) was issued for a non-residential use.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) City of Cathedral City November 9 , 2023
IA No. 20 of CFD No. 2006 -1 (Rio Vista Village Condos ) Page 3 "Non-Retail Commercial/Industrial Property" means all Assessor’s Parcels of Developed Property that are considered Non -Residential Property and that are not Retail Commercial Property.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of IA No. 20 that was owned by or irrevocably offered for dedication to a property owner association, including any master or sub-association, as of January 1 of the previous Fiscal Year. "Public Property" means, for each Fiscal Year, (i) any property within the boundaries of IA No. 20 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of IA No. 20 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor’s Parcels of Non-Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator. However, if the land use of an Assessor’s Parcel changes and such Assessor’s Parcel no longer generates retail sales tax, such Assessor’s Parcel shall no longer be considered Retail Commercial Property and shall be classified and taxe d according to its use, as determined by the CFD Administrator.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 20 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) City of Cathedral City November 9 , 2023
IA No. 20 of CFD No. 2006 -1 (Rio Vista Village Condos ) Page 4 "Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County’s assessor’s roll finalized as of the last preceding January 1.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within IA No. 20 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Section C. Residential Property shall be assigned to Land Use Class 1. Non-Retail Commercial/Industrial Property shall be assigned to Land Use Class 2.

C. MAXIMUM SPECIAL TAX

1. Developed Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2023-2024 for each Land Use Class is shown below in Table 1.

TABLE 1
Maximum Special Tax for Developed Property
For Fiscal Year 2023-2024
Improvement Area No. 20
Land Use
Class Description Maximum Special Tax
1 Residential Property $662.87 per unit
2 Non-Retail
Commercial/Industrial
Property
$0.1541 per square foot of
Floor Area
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1,2024, the Maximum Special Tax shall be increased (but not decreased) by the percentage change in the Consumer Price Index not to exceed one percent (1%) per Fiscal Year.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) City of Cathedral City November 9 , 2023
IA No. 20 of CFD No. 2006 -1 (Rio Vista Village Condos ) Page 5 c. Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.

2. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2023-2024 and for each following Fiscal Year, the Council shall levy the Special Tax on each Assessor’s Parcel of Developed Property at 100% of the applicable Maximum Special Tax.

E. EXEMPTIONS
No Special Tax shall be levied on Retail CommercialProperty, Property Owner Association Property, Public Property, or any Assessor’s Parcel that has a Welfare Exemption. However, should an Assessor’s Parcel no longer be classified as Retail Commercial Property, Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.

F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previou sly levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, pro vided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) City of Cathedral City November 9 , 2023
IA No. 20 of CFD No. 2006 -1 (Rio Vista Village Condos ) Page 6 Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

G. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valoremproperty taxes; provided, however, thatIA No. 20 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. TERM OF SPECIAL TAX
The Council is authorized to levy the Special Tax in perpetuity.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing)

APPENDIX B
Improvement Area No. 20 of the
City of Cathedral City
CFD No. 2006-1

ASSIGNED SPECIAL TAX

RATES FOR DEVELOPED

PROPERTY
Land Use
Class Description Fiscal Year 2023-2024
Maximum Special Tax [1]
1 Residential $662.87 per unit
2 Non-Retail Commercial/Industrial Property $0.1541 per SF of Floor Area [1] On each July 1, commencing July 1, 2024, the Maximum Special Tax for Developed Property shall be increased (but not decreased) by the percentage change in the Consumer Price Index not to exceed one percent (1%) of the amount in effect in the previous Fiscal Year.

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing)

APPENDIX C
Improvement Area No. 20 of the
City of Cathedral City
CFD No. 2006-1

BOUNDARY MAP

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) SHEET 1 OF 1
Reference is hereby made to the AssesSor maps of the County of Riverside for a description of the lines and dimensions of each lot and parcel.

RIO LARGO RD.

VERONA

RIO PECOS
RIO VISTA DR. RIO VISTA DR.

ROAD
DR
677-050-023
PROPOSED BOUNDARIES OF IMPROVEMENT AREA NO. 20 OF CITY OF CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (RIO VISTA VILLAGE CONDOS) COUNTY OF RIVERSIDE STATE OF CALIFORNIA LEGEND vON
Proposed Boundaries of Improvement Area No. 20 of City of Cathedral City Community Facilities District No. 2006-1 Assessor Parcel Line

LANDA NDAU
BLVD.

Assessor Parcel within Improvement Area No. 20: 677-050-023 Prepared by DTA
(1) Filed in the office of the City Clerk of the City of Cathedral City this bh day of sanuar Tracey R. Hermosllo, CMC, City Clerk of Cathedral City (2) I hereby certify that the within map showing the proposed boundaries of Improvement Area No. 20 of City of Cathedral City Community Facilities District No. 2006-1 (Rio Vista Village Condos), Riverside County, State of California, was approved by the City Counil at a regular meeting thereof, held on this ptn day of SAnuary 2024, by its Resolution No. 2024Ol Traceý R. Hermosillo, CMC, City Clerk of Cathedral City (3) Filed this qh_day of Febnuar 2024.
2024, at the hour of 12|7 o'clock p m, in Book 92 of Maps of Assessment and Community Facilities Districts at page and as lnstrument No. 2024-0038084 in the office of the County Recorder of Riverside County, State of California. Peter Aldana By era Brccemate Deputy Fee 24.00 Assessor-County Clerk-Recorder of Riverside County

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, 18201 VON KARMAN AVENUE, SUITE 220
IRVINE, CA 926 12
PHONE: (800) 969 -4DTA
Public Finance
Public-Private Partnerships
Development Economics
Clean Energy Bonds
www.FinanceDTA.com

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Attachment: CFD Report IA 20 02 (4092 : CFD 2006-1, IA #20, Formation, Election and Ordinance Public Hearing) SHEET 1 OF 1
Reference is hereby made to the AssesSor maps of the County of Riverside for a description of the lines and dimensions of each lot and parcel.

RIO LARGO RD.

VERONA

RIO PECOS
RIO VISTA DR. RIO VISTA DR.

ROAD
DR
677-050-023
PROPOSED BOUNDARIES OF IMPROVEMENT AREA NO. 20 OF CITY OF CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (RIO VISTA VILLAGE CONDOS) COUNTY OF RIVERSIDE STATE OF CALIFORNIA LEGEND vON
Proposed Boundaries of Improvement Area No. 20 of City of Cathedral City Community Facilities District No. 2006-1 Assessor Parcel Line

LANDA NDAU
BLVD.

Assessor Parcel within Improvement Area No. 20: 677-050-023 Prepared by DTA
(1) Filed in the office of the City Clerk of the City of Cathedral City this bh day of sanuar Tracey R. Hermosllo, CMC, City Clerk of Cathedral City (2) I hereby certify that the within map showing the proposed boundaries of Improvement Area No. 20 of City of Cathedral City Community Facilities District No. 2006-1 (Rio Vista Village Condos), Riverside County, State of California, was approved by the City Counil at a regular meeting thereof, held on this ptn day of SAnuary 2024, by its Resolution No. 2024Ol Traceý R. Hermosillo, CMC, City Clerk of Cathedral City (3) Filed this qh_day of Febnuar 2024.
2024, at the hour of 12|7 o'clock p m, in Book 92 of Maps of Assessment and Community Facilities Districts at page and as lnstrument No. 2024-0038084 in the office of the County Recorder of Riverside County, State of California. Peter Aldana By era Brccemate Deputy Fee 24.00 Assessor-County Clerk-Recorder of Riverside County

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Attachment: Cathedral City CFD 2006-1 IA 20 (recorded) (4092 :

Cathedral City Page 1 of 2 Printed on 2/22/2024

Staff Report

City Council

Item No. 6.A

Meeting Date: February 28, 2024
From: Ryan Hunt, Communications and Events Manager
Title: Veterans 22K Walk Special Use Permit

City Council

RECOMMENDATION:

To approve Special Use Permit for the Cathedral City Evening Rotary's 2024 Veterans 22K Walk on Saturday, April 13, 2024, at Dennis Keat Soccer Park; and, approve the Parks and Community Events Commission's (PACE) Hydration Station (as part of the event) funding request of $500 from the FY 2023-2024 PACE Small Events budget.

BACKGROUND:

The Cathedral City Evening Rotary is submitting a request for the approval of a Special Use Permit for the ir proposed Veterans 22K Walk on Saturday, April 13, 2024, at Dennis Keat Soccer Park.

The latest report from the Department of Veterans Affairs (VA) shows 6,392 veterans died by suicide in 2021. After accounting for updates to last year’s reported data, it was determined this was 114 more veteran deaths by suicide than in 2020.

Additionally, 42% of veterans who died by suicide in 2021 had no contact with the Veterans Health Administration (VHA) and were not receiving VA benefits. 62% of veterans who died by suicide in 2021 did not have a recent VHA health care encounter.

Additionally, the Parks and Community Events Commission (PACE) will be participating in the event by sponsoring and personally operating a Hydration Station at the event.

This hydration station will provide water, electrolyte drinks (Gatorade), oranges, bananas, granola bars and other snacks for the participants during the event. PACE will also include information related to the City Parks and Events at this Hydration Station.

DISCUSSION:

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Cathedral City Page 2 of 2 Printed on 2/22/2024
Subject to City Council approval, this event will take place at, and around the perimeter of the Dennis Keat Soccer Park, north of 30 th Avenue on Saturday, April 13, 2024 . The event, consisting of approximately 100 to 200 walkers, will start at 7:00 a.m. and should conclude in the early afternoon, approximately 1:00 to 2:00 p.m.

This event is open to the public and all are encouraged to attend.

Event organizers will work with the American Youth Soccer Organization ( AYSO) to avoid obstructions or conflicts to the regularly scheduled soccer activities planned/booked by AYSO at this venue in April.

At the February 6, 2024, PACE meeting, the Hydration Station Staff Report item was initiated by Commissioner Angel Herrera and presented by Jeff Cole, VFW Post 1534 Commander. The PACE considered and supported the event Hydration Station as part of the event and the respective budget of $500 from the PACE Small Events budget to operate it. As cited above, the funding will cover the costs of the H ydration Station that will provide water, electrolyte drinks (Gatorade), oranges, bananas , granola bars and other snacks for the participants during the event. PACE approved their participation in this event and moved the funding request to the City Council for final approval . A copy of the PACE Staff Report is attached.

FISCAL IMPACT:

As a third -party event, the Applicant must submit all necessary payments and documentation to the City prior to the event, including the $510 SUP application fee, and a Certificate of Insurance (COI) naming the City of Cathedral City.

The $500 requested from the PACE Small Events budget is proposed to be funded from the FY 2023 -2024 Parks and Recreation Professional and Technical Services budget item 100-500-510-511-8600-8601 that has a remaining balance of $6,650.

FIVE-YEAR STRATEGIC PLAN:

Action F-6: Promote additional community events and celebrations.

ATTACHMENTS:

Veterans 22K Walk Special Use Permit
22 K Walk for Veterans PACE Staff Report 02-06-2024

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Attachment: Veterans 22K Walk Special Use Permit (4108 : Veterans 22K Walk Special Use Permit)

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Attachment: Veterans 22K Walk Special Use Permit (4108 : Veterans 22K Walk Special Use Permit)

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Attachment: Veterans 22K Walk Special Use Permit (4108 : Veterans 22K Walk Special Use Permit)

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Attachment: Veterans 22K Walk Special Use Permit (4108 : Veterans 22K Walk Special Use Permit)

Staff Report

Parks and Community Events Commission

Item No.

Meeting Date: February 6, 2024
Sponsors: Angel Herrera, Commissioner
Title: The Parks and Community Events Commission (PACE) Hydration Station at the 22K Walk for Veteran Suicide and PTSD Awareness Event

RECOMMENDATION:

For the Parks and Community Events Commission (PACE) to recommend approval of $500 from the PACE Small Events Budget to operate a hydration station at the Cathedral City Evening Rotary's 22K Walk for Veteran Suicide and Post Traumatic Stress Disorder (PTSD) Awareness Event on April 13, 2024 at Dennis Keat Soccer Park; and, recommend this item be sent to the City Council for final approval.

BACKGROUND:

The Cathedral City Evening Rotary is currently organizing a “ 22K Walk for Veteran Suicide and Post Traumatic Stress Disorder (PTSD) Awareness” Event (Event) at the Dennis Keat Soccer Park on Saturday April 13, 2024. This Event anticipates attendance of 101 to 500 walkers and is open to the public , with both participants and supporters encouraged to attend.

As this Event is over 50 people in number, the organizers are required to secure a Special Use Permit (SUP) for the Event through the Communications and Events Manager’s office. Ultimately, the SUP will require City Council approval.

PACE Commissioner Angel Herrera and Jeff Cole, the VFW Post 1534 Commander, are requesting for PACE to support, organize, staff and fund a “Hydration Station” at the event. The Hydration Station will be stocked and allow PACE volunteers to provide water, Gatorade, oranges, bananas and other typical refreshments for the participants in the Event.

The Hydration Station will also have information on City amenities, parks and future events and any other information the PACE determines will promote its charge.

The proponents for this item are requesting that PACE provide a fund ing participation in the amount of no more than $500 to stock the necessary hydration supplies for the

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Attachment: 22 K Walk for Veterans PACE Staff Report 02-06-2024 (4108 : Veterans 22K Walk Special Use Permit) walkers at the Event. The $500 would come from the available remaining funds within the approved FY 2023-2024 PACE Small Events budget.

PACE Liaisons are requesting that the PACE approve the Event participation and recommend approval of $500 from the PACE Small Events Budget to operate a hydration station at the Cathedral City Evening Rotary's 22K Walk for Veteran Suicide and PTSD Awareness Event on April 13, 2024 at Dennis Keat Soccer Park .

Additionally, if approved, PACE Liaisons are recommending that PACE recommend this item be sent to the City Council for final approval.

FUNDING SOURCE:

This requested Event funding of $500 will be funded from the remaining $6,650 PACE Small Events budget of the FY 2023 -2024 Parks and Recreation Professional and Technical Services budget item 100-500-510-511-8600-8601.

Jeff Cole, provided an overview of the 22K Walk for Veteran Suicide and PTSD Awareness, and requested that the Commission consider sponsoring the hydration station for the event.

A motion was made by Vice-Chair Baciu and seconded by Commissioner Martinez to approve an expenditure of $500 from the PACE Small Events to operated the hydration station at the 22k Walk for the Veteran Suicide and PTSD Awareness Event.

RESULT: APPROVED [UNANIMOUS]
MOVER: Antonio Baciu, Commissioner
SECONDER: Richard Martinez, Commissioner
AYES: Antonio Baciu, Erin Hyland, Richard Martinez
ABSENT: Angel Herrera, Mario Jimenez

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Attachment: 22 K Walk for Veterans PACE Staff Report 02-06-2024 (4108 : Veterans 22K Walk Special Use Permit)

Cathedral City Page 1 of 7 Printed on 2/22/2024

Staff Report

City Council

Item No. 6.B

Meeting Date: February 28, 2024
From: John Corella, Director of Engineering/Public Works Title: Resolution Adopting the City's FY 2024 -2025 RMRA (SB -1) Projects

City Council

RECOMMENDATION:

To approve a Resolution adopting the City’s FY 2024-2025 Capital Improvement Project (CIP) Plan's projects funded by Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017, and to approve the list selected for rehabilitation due to the Tropical Storm Hillary to be funded by SB-1 funds.

BACKGROUND:

Prior to SB -1, cities and counties across the state delayed and even cancelled road improvement projects due to lack of funding; neglecting basic maintenance and repairs to their local streets. The 2016 California Statewide Local Streets and Roads Needs Assessment found the condition of these local streets, on average, were “at risk” or degraded to failing infrastructure.

On April 28, 2017, Governor Brown signed SB -1, known as the Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical needs for both state highways and local streets and roads known as the Local Streets and Roads Program (LSRP). SB -1 generates funds through increased per gallon fuel excise taxes, diesel fuel sales taxes, vehicle registration fees and provides for inflationary adjustments on future tax rates.

Various portions of the funds generated are deposited into the Road Maintenance and Rehabilitation Account (RMRA) fund. A percentage of the RMRA funding is apportioned to Cathedral City by formula for road maintenance, rehabilitation, and critical safety projects.

The RMRA requires all RMRA -funded projects to be included in the City Capital Improvement Project (CIP) Plan. Initiating RMRA, on September 13, 2017, the City Council approved Resolution No. 2017 -43 adding the proposed RMRA projects to the five-year CIP Plan.

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At the City Council Meeting held on June 14, 2023, the City Council approved Resolution 2023-19 adopting a list of SB-1 funded projects for FY 2023-2024.

As a result of the Tropical Storm Hilary on August 20, 2023, the pavement on several streets of the City’s roadway network has been affected due to flooding, sediment, and the heavy equipment used during the clean-up efforts.

According to the City’s pavement management consultant and the Pavement Management Program used to predict the asphalt deterioration on the City’s roadway network, the resulting level of deterioration within the streets affected by Tropical Storm Hilary deteriorated up to eight years faster, thus a reduction of the pavement useful life ranging up to 27%.

Staff recommends adding the repairs and rehabilitation of arterial and residential streets within the area surrounded by Vista Chino, Date Palm Drive, Tachevah Drive and Avenida Maravilla, to the top of the SB-1 program list.

DISCUSSION:

FY 2023-2024

The City is using RMRA/SB-1 funding to initiate and/or complete the following project from Resolution No. 2023-19:

Landau Blvd. and McCallum Way Intersection Traffic Signal Construction (Project 1) In FY 2023 -2024, the City proposed to complete the construction of Landau Boulevard and McCallum Way Intersection Traffic Signal Project. The scope of this Project is to reconstruct and improve the intersection at Landau Blvd. and McCallum Way adjacent to Mt. San Jacinto High School located at the northeast corner of this intersection.

The City Council awarded DBX Inc. the construction agreement for the Landau Blvd. and McCallum Way Intersection Traffic Signal Construction on June 28, 2023, City Council Meeting.

This Project started construction on February 26, 2024, and is scheduled to be completed by June 28, 2024.

The Project is funded within FY 2023 -2024 with RMRA/SB -1 funds in the amount of $1,200,000. This Project was included as Project 1 in the RMRA FY 2023 -2024 Resolution.

Landau Public Alleyway Reconstruction (old Project 2)
For FY 2023 -2024, the City proposed the Landau Public Alley Reconstruction Project.

The Project was proposed to be funded with SB -1 funds in the amount of $900,000 and identified as Project 2 in the RMRA FY 2023-2024 Resolution.

The City Staff is recommending deferring the Landau Public Alley Reconstruction Project to FY 2026 -2027 (see Project 13 below) and proposes to prioritize the rehabilitation and reconstruction of the City’s roadway network affected by Tropical

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Storm Hilary.

FY 2024-2025

City Staff is proposing the following projects to be funded with RMRA funds and will be listed in the FY 2024-2025 resolution.

Horizon Road Reconstruction Project (new Project 2)
In FY 2024 -2025, the City is proposing the Horizon Road Reconstruction Project. The limits of the Project are Horizon Road from Vista Chino to Panorama Road.

The Project will consist of the removal and replacement of 1 -inch of asphalt pavement within the roadway surface on Horizon Road from Vista Chino to Adelina Road, and the removal and reconstruction of pavement within the roadway surface on Horizon Road from Adelina Road to Panorama Road.

The cost for the construction of the Horizon Road Reconstruction Project is estimated in the amount of $429,000. The Project is proposed to be funded with SB -1 funds and is identified as Project 2 in the attached RMRA FY 2024-2025 Resolution.

Los Gatos Road Reconstruction Project (Project 3)
In FY 2024-2025, the City is proposing the Los Gatos Road Reconstruction Project. The Project will consist of the removal and reconstruction of pavement within the roadway surface on Los Gatos Road from Fortuna Road to Date Palm Drive.

The cost for the construction of the Los Gatos Road Reconstruction Project is estimated in the amount of $273,000. The Project is proposed to be funded with SB -1 funds and is identified as Project 3 in the attached RMRA FY 2024-2025 Resolution.

Panorama Road Reconstruction Project (Project 4)
In FY 2024-2025, the City is proposing the Panorama Road Reconstruction Project. The Project will consist of the removal and reconstruction of pavement within the roadway surface on Panorama Road from Avenida Diosa to Avenida La Vista.

The cost for the construction of the Panorama Road Reconstruction Project is estimated in the amount of $403,000. This Project will be funded with RMRA (SB -1) funds in the amount of $123,000, and the remaining $280,000 will be funded with available funds from Assessment District 88 -3 Funds. The remainder of this Project is proposed to be funded with SB -1 funds and is identified as Project 4 in the attached RMRA FY 2024 - 2025 Resolution.

East-West Public Alley Reconstruction Project (Project 5) In FY 2024 -2025, the City is proposing the East -West Public Alley Reconstruction Project. This public alley is bounded by Horizon Road to the west, Date Palm Drive to the east, Vista Chino to the north and Adelina Road to the south, and provides parking access to the existing commercial area in the Panorama Neighborhood.

The Project will consist of the removal and reconstruction of pavement within the alley right of way between Horizon Road and Date Palm Drive.

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The cost for the construction of the East-West Alley Project is estimated in the amount of 108,000. The Project is proposed to be funded with SB -1 funds and is identified as Project 5 in the attached RMRA FY 2024-2025 Resolution.

North-South Public Alley Reconstruction Project (Project 6) In FY 2024 -2025, the City is proposing the North -South Public Alley Reconstruction Project. This public alley is bounded by A delina Road to the north, vacant lots to the south, Date Palm Drive to the west, and Avenida La Vista to the east, and provides parking access to the existing commercial area on the side south of Adelina Road. The length of this alley is 290 linear feet.

The Project will consist of the removal and reconstruction of pavement within the alley right of way from Adelina Road to the end of the alley or a length of 290 linear feet to the south of Adelina Road.

The cost for the construction of the North-South Public Alley Project is estimated in the amount of 67,000. The Project is proposed to be funded with SB -1 funds and is identified as Project 6 in the attached RMRA FY 2024-2025 Resolution.

Vista Chino Rehabilitation Project (Project 7)
In FY 2024 -2025, the City is proposing the Vista Chino Rehabilitation Project. The Project will consist of the application of Rubberized Emulsion -Aggregate Slurry (REAS) within the roadway surface on Vista Chino from Avenida Maravilla to Date Palm Drive.

The estimated cost for this Project is $170,000. The Project is proposed to be funded with SB -1 funds and is identified as Project 7 in the attached RMRA FY 2024 -2025 Resolution. Staff anticipates this work will be completed in FY 2023-2024.

Avenida La Vista Rehabilitation Project (Project 8)
In FY 2024-2025, the City is proposing the Avenida La Vista Rehabilitation Project. The Project will consist of the application of REAS within the roadway surface on Avenida La Vista from Adelina Road to Los Gatos Road.

The estimated cost for this Project is $51,000. The Project is proposed to be funded with SB -1 funds and is identified as Project 8 in the attached RMRA FY 2024 -2025 Resolution. Staff anticipates this work will be completed in FY 2023-2024.

Adelina Road Rehabilitation Project (Project 9)
In FY 2024 -2025, the City is proposing the Adelina Road Rehabilitation Project. The Project will consist of the application of REAS within the roadway surface on Adelina Road from Horizon Road to Date Palm Drive.

The cost for this Project is $21,000. The Project is proposed to be funded with SB -1 funds and is identified as Project 9 in the attached RMRA FY 2024 -2025 Resolution.

Staff anticipates this work will be completed in FY 2023-2024.

Via De Anza Street Improvements Project – Phase III (Project 10) In FY 2024-2025, the City is proposing the Via De Anza Street Improvements Project –

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Phase III. The Project consists of constructing a sidewalk, curb, gutter, ADA -compliant curb ramps, driveways, and the installation of new asphalt concrete . As well as private improvements, including reconstructing garden walls, mailboxes, and driveway improvements, will be placed to conform to the existing right of way and necessary setbacks. The project also includes the installation of a new 8 -inch water main in collaboration with the Coachella Valley Water District (CVWD).

The cost of this project is $1,168,400. The Project is proposed to be funded with Community Development Block Grant (CDBG) Funds in the amount of $ 429,400, CVWD Funds in the amount of $435,000, and SB-1 funds in the amount of $30 4,000.

This Project is identified as Project 10 in the attached RMRA FY 2024-2025 Resolution.

Whitewater Area Street Rehabilitation Between 33rd Avenue & Ortega Road (Project 11) In FY 2024 -2025, the City proposes to reconstruct various residential streets in the Whitewater Area, bounded by 33 rd Avenue to the north, Dinah Shore Drive to the south, Shifting Sands Trail to the west, and Cathedral Canyon Drive to the east.

The Project will consist of the removal and reconstruction of pavement within the roadway surface on Shifting Sands Trail, Whispering Palms Trail, Sky Blue Water Trail, Navajo Trail, and Pueblo Trail between 33 rd Avenue and Ortega Drive, and 33 rd Avenue from Shifting Sands Trail to Cathedral Canyon Drive.

The estimated cost for this Project is $1 ,300,000. This Project will be funded with Community Development Block Grant (CDBG) funds in the amount of $480,000 and RMRA (SB-1) funds in the amount of $820,000. This Project is identified as Project 11 in the attached RMRA FY 2024-2025 Resolution.

Future Projects

City Staff identified the following eligible Projects to be funded by SB -1 and are proposing to include them in the FY 202 4-2025 Resolution as future Projects to be funded by SB-1:

N/O Baristo Road, S/O Vega Road, E/O Landau Boulevard W/O Avenida Los Niños Street Improvements (Project 12)
In FY 2025 -2026, the City proposes to reconstruct various residential streets located within the area bounded by Vega Road to the north, Baristo Road to the south, Landau Boulevard to the west, and Avenida Los Niños to the east.

The Project proposes the removal and reconstruction of pavement on Avenida El Mundo and Avenida El Pueblo between McCallum Way and Baristo Road.

The estimated cost of this Project is $457,000. This Project will be funded with RMRA (SB-1) funds and is included as Project 12 in the attached RMRA FY 2024 -2025 Resolution.

Landau Public Alleyway Reconstruction (Project 13)
In FY 2026-2027, the City is proposing the Landau Public Alley Reconstruction Project.

This public alley is bounded by Vista Chino to the north, 30 th Avenue to the south,

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Landau Boulevard to the west, and Avenida La Paz to the east, and provides parking access to multifamily and single-family residences in the Panorama Neighborhood.

The project consists of the removal and reconstruction of pavement within the alley right-of-way between Vista Chino and 30 Th Avenue. The cost for the design and construction of the Landau Public Alleyway Reconstruction Project is estimated in the amount of $1,170,000. The Project is proposed to be funded with SB -1 funds and is identified as Project 2 in the attached RMRA FY 2024-2025 Resolution.

N/O Ramon Road, S/O McCallum Way, E/O Date Palm Drive, W/O Santoro Drive Street Improvements (Project 14)
In FY 2027 -2028, the City proposes to reconstruct various residential streets located within the area bounded by McCallum Way to the north, Ramon Road to the south, Date Palm Drive to the west, and Santoro Drive to the east.

The Project proposes the removal and reconstruction of pavement within the roadway surface on El Toro Road, Victor Road, and Nuema Drive from Ramon Road to Baristo Road; and Baristo Road from the east end to San Eljay Avenue.

The estimated cost of this Project is $1,190,000. This Project will be funded with RMRA (SB-1) funds and is included as Project 14 in the attached RMRA FY 2024 -2025 Resolution.

Panorama Park Area Street Improvements Between Avenida Maravilla and Avenida La Vista (Project 15)
In FY 2028 -2029, the City proposes to reconstruct various residential streets located within the Panorama Park Area, generally bounded by Vista Chino to the north, 30 th Avenue to the south, Landau Boulevard to the west, and Date Palm Drive to the east.

The Project will consist of the removal and reconstruction of pavement on Los Gatos Road from Val Yermo Trail to Avenida La Diosa, and Jarana Road from Avenida Maravilla to Avenida La Vista.

The estimated cost of this Project is $743,000. This Project will be funded with RMRA (SB-1) funds and is identified as Project 15 in the attached RMRA FY 2024 -2025 Resolution.

Summary

City Staff will be updating the Capital Improvement Pro ject (CIP) Plan with all the se proposed Projects. In addition, the City Council must approve a n SB-1 Resolution every year listing the Proposed Projects for the upcoming fiscal year(s). Once the Resolution is approved, the City will submit an approved copy of this Resolution to the California Transportation Commission (CTC) as required by the Local Streets and Roads Program (LSRP).

City Staff recommends the City Council a pprove this resolution adopting the City’s FY 2024-2025 Capital Improvement Projects funded by Senate Bill 1: The Road Repair and Accountability Act of 2017, and to approve the list of Projects selected for rehabilitation

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due to the Tropical Storm Hillary to be funded by SB-1 funds.

FISCAL IMPACT:

The recommended action will have no immediate fiscal impact for confirming the proposed projects described in the attached Resolution, as each project will be brought separately to the City Council for SB-1 CIP funding approval.

Note: The City is required to maintain its existing commitment of local funds for Capital Improvements to remain eligible for RMRA funding apportionment. To be eligible in the SB-1 program, the City needs to spend no less than the annual average of its General Fund expenditures, as determined during the 2009 -2010, 2010 -2011, and 2011 -2012 fiscal years for streets, road, and highway purposes from the City’s General Fund (or Maintenance of Effort (MOE) amount) of approximately $900,000 annually. If the City meets its MOE commitment, the City will receive approximately $900,000 annually in RMRA/SB-1 funding.

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:

RMRA 24-29 projects
CC Reso 2024-XX

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Landau Boulevard and McCallum Way Intersection Traffic Signal Construction FY 2023-2024 – FY 2024-2025

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Horizon Road Reconstruction
FY 2024-2025
Vista Chino

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Los Gatos Road Reconstruction
FY 2024-2025
Date Palm Drive
Fortuna Road
Avenida La Vista

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Panorama Road Reconstruction
FY 2024-2025
Avenida La Vista

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) East-West Public Alley Reconstruction
FY 2024-2025
Date Palm Drive
Adelina Road
Horizon Road
Vista Chino

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) North-South Public Alley Reconstruction
FY 2024-2025
Date Palm Drive
North-South Alley
Adelina Road
Avenida La Vista

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Vista Chino Rehabilitation
FY 2024-2025
Date Palm Drive
Avenida Maravilla
Vista Chino

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Avenida La Vista Rehabilitation
FY 2024-2025
Date Palm Drive
Los Gatos Road
Avenida La Vista
Adelina Road

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Adelina Road Rehabilitation
FY 2024-2025
Date Palm Drive
Adelina Road
Horizon Road

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Via De Anza Street Improvements Phase III
FY 2024-2025
Date Palm Drive
Ortega Road
Via De Anza
Olancha Road
Dinah Shore Drive
Arrowhead Road

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Whitewater Area Street Rehabilitation Between 33rd Avenue and Ortega Road FY 2024-2025
Navajo Trail
Pueblo Trail
33RD Avenue
Ortega Road

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) N/O Baristo Road, S/O Vega Road, E/O Landau Boulevard W/O Avenida Los Niños Street Improvements FY 2025-2026
McCallum Way
Baristo Road
Avenida El Mundo
Avenida El Pueblo

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Landau Blvd
Vista Chino
30TH Avenue

PUBLIC ALLEY
Landau Public Alleyway Reconstruction
FY 2026-2027

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) N/O Ramon Road, S/O McCallum Way, E/O Date Palm Drive, W/O Santoro Drive Street Improvements FY 2027-2028
McCallum Way
Ramon Road
Baristo RoadEl Toro Road

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Panorama Park Area Street Improvements Between Avenida Maravilla and Avenida La Vista FY 2028-2029
Vista Chino
Tachevah Drive
Jarana Road
Avenida Maravilla

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Attachment: RMRA 24-29 projects (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) RESOLUTION NO. 2024- _____

RESOLUTION ADOPTING A LIST OF PROJECTS FOR
FISCAL YEA R 2024-25 FUNDED BY SB 1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi -modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of Cathedral City (“CITY”) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the CITY must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the CITY, will receive an estimated $900,000 in RMRA funding in Fiscal Year 2024-25 from SB 1; and

WHEREAS, this is the eight year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the CITY has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the CITY used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost - effective projects that also meet the community’s priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the C ITY maintain and rehabilitate streets throughout the CITY this year and in the future; and

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Attachment: CC Reso 2024-XX (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Projects)

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the CITY’s streets and roads are in a “poor” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure , and using cutting -edge technology, materials and practices , will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Cathedral City, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted project may utilize fiscal year 2024-25 Road Maintenance and Rehabilitation Account revenues in its delivery. With the relisting of this project in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund this project with Road Maintenance and Rehabilitation Account revenues:

Proposed Project 1: Landau Boulevard and McCallum Way Intersection Traffic Signal Construction

Description: The proposed Project will convert an existing four -way intersection into a signalized intersection and concrete deceleration pads north and south bound on Landau Boulevard. This intersection is located at the southwest corner of Mt. San Jacinto High Schoo l, which gets significant pedestrian traffic from students. This intersection was also the location of a 2015 pedestrian fatality.

Location: Intersection of Landau Boulevard and McCallum Way Estimated Useful Life: Twenty (20) years
Project Start: Spring 2022
Project Completion: Summer 2024
Estimated Cost: $1,200,000.00

3. The following proposed project s will be funded in -part or solely with fiscal year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Proposed Project 2: Horizon Road Reconstruction Project

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Attachment: CC Reso 2024-XX (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Projects) Description: The Horizon Road Reconstruction Project will consist of the removal and replacement of 1 -inch of asphalt pavement within the roadway surface on Horizon Road from Vista Chino to Adelina Road, and the removal and reconstruction of pavement within the roadway surface on Horizon Road from Adelina Road to Panorama Road.

Location: The limits of the Project are Horizon Road from Vista Chino to Panorama Road.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $429,000.00

Proposed Project 3: Los Gatos Road Reconstruction Project

Description: The Los Gatos Road Reconstruction Project will consist of the removal and reconstruction of pavement within the roadway surface on Los Gatos Road from Fortuna Road to Date Palm Drive.

Location: The limits of the Project are Los Gatos Road from Fortuna Road to Date Palm Drive.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $273,000.00

Proposed Project 4: Panorama Road Reconstruction Project

Description: The Panorama Road Reconstruction Project will consist of the removal and reconstruction of pavement within the roadway surface on Panorama Road from Avenida Diosa to Avenida La Vista.

Location: The limits of the Project are Panorama Road from Avenida Diosa to Avenida La Vista.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $403,000.00

Proposed Project 5: East-West Public Alley Reconstruction Project

Description: The East-West Public Alley Reconstruction Project will consist of the removal and reconstruction of pavement within the alley right of way between Horizon Road and Date Palm Drive.

Location: The public alley is bounded by Horizon Road to the west, Date Palm Drive to the east, Vista Chino to the north and Adelina Road to the south, and provides parking access to the existing commercial area in the Panorama Neighborhood.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $108,000.00

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Attachment: CC Reso 2024-XX (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Projects) Proposed Project 6: North-South Public Alley Reconstruction Project

Description: The North-South Public Alley Reconstruction Project will consist of the removal and reconstruction of pavement within the alley right of way from Adelina Road to the end of the alley or a length of 290 linear feet to the south of Adelina Road.

Location: The public alley is bounded by Adelina Road to the north, vacant lots to the south, Date Palm Drive to the west, and Avenida La Vista to the east, and provides parking access to the existing commercial area on the side south of Adelina Road. The length of this alley is 290 linear feet.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $67,000.00

Proposed Project 7: Vista Chino Rehabilitation Project

Description: The Vista Chino Rehabilitation Project will consist of the application of Rubberized Emulsion-Aggregate Slurry (REAS) within the roadway surface on Vista Chino from Avenida Maravilla to Date Palm Drive.

Location: The limits of the Project are Vista Chino from Avenida Maravilla to Date Palm Drive.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $170,000.00

Proposed Project 8: Avenida La Vista Rehabilitation Project

Description: The Avenida La Vista Rehabilitation Project will consist of the application of Rubberized Emulsion-Aggregate Slurry (REAS) within the roadway surface on Avenida La Vista from Adelina Road to Los Gatos Road.

Location: The limits of the Project are Avenida La Vista from Adelina Road to Los Gatos Road.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $51,000.00

Proposed Project 9: Adelina Road Rehabilitation Project

Description: The Adelina Road Rehabilitation Project will consist of the application of Rubberized Emulsion-Aggregate Slurry (REAS) within the roadway surface on Adelina Road from Horizon Road to Date Palm Drive.

Location: The limits of the Project are Adelina Road from Horizon Road to Date Palm Drive.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $21,000.00

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Attachment: CC Reso 2024-XX (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Projects)

Proposed Project 10: Via De Anza Street Improvements Project - Phase III

Description: The Via De Anza Street Improvements Project - Phase III consists of constructing a sidewalk, curb, gutter, ADA -compliant curb ramps, driveways, and the installation of new asphalt concrete . As well as private improvements, including reconstructing garden walls, mailboxes, and driveway improvements, will be placed to conform to the existing right of way and necessary setbacks.

Location: The Project is located along the east side of Via De Anza between Olancha Road and Ortega Road and the Cul De Sac on Arrowhead Road to the east of Via De Anza Street.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $1,169,000.00

Proposed Project 11: Whitewater Area Street Rehabilitation Between 33 rd Avenue and Ortega Road

Description: The Whitewater Area Street Rehabilitation includes the removal and reconstruction of pavement within the roadway surface in the Whitewater Area.

Location: The streets included for the Whitewater Area Street Rehabilitation are Shifting Sands Trail, Whispering Palms Trail, Sky Blue Water Trail, Navajo Trail, and Pueblo Trail between 33rd Avenue and Ortega Drive, and 33rd Avenue from Shifting Sands Trail to Cathedral Canyon Drive.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2024
Estimated Cost: $900,000.00

4. The following proposed project will be funded in -part or solely with f uture fiscal year Road Maintenance and Rehabilitation Account revenues:

Proposed Project 12: N/O Baristo Road, S/O Vega Road, E/O Landau Boulevard W/O Avenida Los Niños Street Improvements.

Description: The Proposed Project includes the removal and reconstruction of pavement on various residential streets located within the area bounded by Vega Road to the north, Baristo Road to the south, Landau Boulevard to the west, and Avenida Los Niños to the east.

Location: The proposed streets are Avenida El Mundo and Avenida El Pueblo between McCallum Way and Baristo Road.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2026
Estimated Cost: $457,000.00

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Attachment: CC Reso 2024-XX (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Projects) Proposed Project 13: Landau Public Alleyway Reconstruction

Description: The Landau Public Alleyway Reconstruction includes the removal and reconstruction of pavement within the public alley right of way. The Landau Public Alleyway provides parking access to multifamily and single -family residences in the Panorama Neighborhood.

Location: The Landau Public Alleyway is bounded by Vista Chino to the north, 30th Avenue to the south, Landau Boulevard to the west, and Avenida La Paz to the east.

Estimated Useful Life: Twenty (20) years
Project Completion: Fall 2027
Estimated Cost: $1,170,000.00

Proposed Project 14: N/O Ramon Road, S/O McCallum Way, E/O Date Palm Drive, W/O Santoro Drive Street Improvements

Description: The Proposed Project includes the removal and reconstruction on various residential streets located within the area bounded by McCallum Way to the north, Ramon Road to the south, Date Palm Drive to the west, and Santoro Drive to the east.

Location: The proposed streets are El Toro Road, Victor Road, and Nuema Drive from Ramon Road to Baristo Road; and Baristo Road from the east end to San Eljay Avenue.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2028
Estimated Cost: $1,190,000.00

Proposed Project 15: Panorama Park Area Street Improvements Between Avenida Maravilla and Avenida La Vista

Description: The Panorama Park Area Street Improvements includes the removal and reconstruction of pavement in the Panorama Park Neighborhood Area.

Location: The streets included for the Panorama Park Area Street Improvements are Los Gatos Road from Val Yermo Trail to Avenida La Diosa, and Jarana Road from Avenida Maravilla to Avenida La Vista.

Estimated Useful Life: Twenty (20) years
Project Completion: Summer 2029
Estimated Cost: $743,000.00

PASSED AND ADOPTED by the City Council of the City of Cathedral City, State of California this _______ day of February 2024, by the following vote:

Ayes:

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Attachment: CC Reso 2024-XX (4111 : Resolution Adopting the City's FY 2024-2025 RMRA (SB-1) Projects) Noes:

Absent:

Abstain:

______________________________________
Mark Carnevale, Mayor

ATTEST:

___________________________________
Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM:

___________________________________
Eric S. Vail, City Attorney

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Cathedral City Page 1 of 4 Printed on 2/22/2024

Staff Report

City Council

Item No. 6.C

Meeting Date: February 28, 2024
From: John Corella, Director of Engineering/Public Works Title: Award Construction Contract to Granite Construction for the Via De Anza Street Improvements Project - Phase III, CIP No.

C08841

City Council

RECOMMENDATION:

To award a construction contract to Granite Construction Company in the amount of $1,016,000 for the construction of Via de Anza Street Improvements Project Phase III (C08841) and approve a fifteen percent (15%) contingency in the amount of $152,400 for any unforeseeable construction costs; and, approve a budget adjustment in the amount of $303,803 by allocating funds from the Local Streets and Roads Program (SB1) with account number 248 -100-150-156-8800-8802; and, authorize the City Manager to execute the contract documents; and, authorize the City Engineer to request bonds and insurance for the Project, and issue the Notice to Proceed.

BACKGROUND:

The Via De Anza Street Improvements Project was identified as a FY 2021 -2022 Capital Improvement Project (CIP). During the design phase of the Project, the Coachella Valley Water District (CVWD) Staff advised City Staff they would need to install a new water main on the east side of Via De Anza Street between Dinah Shore Drive and Ortega Road prior to the construction of the City’s Street improvement Project. As a result, this new water pipeline altered the originally proposed Via De Anza Street Improvement Project. While the Project was originally set to be constructed in one phase, CVWD’s request required that the Project be divided into three (3) phases.

The Via De Anza Street Improvements Project – Phase I consisted of constructing street improvements along the west side of Via De Anza between Dinah Shore Drive and Olancha Road, including minor infill improvements on Via Altamira and Olancha Road. The Phase I Project was completed in March 2023.

The Via De Anza Street Improvements Project – Phase II consisted of constructing street improvements along the east side of Via De Anza between Dinah Shore Drive and Olancha Road. In coordination with the Coachella Valley Water District (CVWD), the Project also featured the construction of water main improvements within the Phase

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II Project limits. The Phase II Project was completed in November 2023.

The Via De Anza Street Improvements Project – Phase III (Project) is the remaining phase of th is Project identified in the FY 2023 -2024 Community Block Development Grant (CDBG) Annual Action Plan (AAP) under the category of public improvements.

The Project is located along the east side of Via De Anza between Olancha Road and Ortega Road and on the Arrowhead Road cul-de-sac to the east of Via De Anza Street (a Project Location Map is attached).

The Project consists of constructing a sidewalk, curb, gutter, ADA -compliant curb ramps, driveways, and the installation of new asphalt concrete . Additionally, private improvements, including reconstructing garden walls, mailboxes, and driveway improvements, will be placed to conform to the existing right of way and necessary setbacks.

On August 10, 2022, the City Council authorized the Director of Public Works to execute Task Order 09 for Engineering Design Services for Via De Anza Street Improvements Project - Phases II and III to NAI Consulting, Inc. (NAI). The d esign for the Via De Anza Street Improvements Project – Phase III commenced in May 2023.

Via De Anza Street Improvements Project - Phase III required coordination between the City and CVWD to include the replacement and relocation of a domestic water main within the Project limits. CVWD prepared Plans, Specifications, and Estimates (PS&E) for the water main relocation and appurtenances according to CVWD’s design standards. The CVWD PS&E were incorporated together with the PS&E prepared for the street improvements. The combined project design including street and water improvements was completed in January 2024.

Both agencies agreed that the street and water main projects should be constructed simultaneously under one contract. The City is the lead agency in this construction effort and is requesting that CVWD reimburse the City for 100% of the water main replacement work within the combined project.

A staff report recommending the execution of the reimbursement agreement between the City and CVWD for the relocation and replacement of the water main is separately included in this February 28, 2024, City Council meeting agenda.

DISCUSSION:

On Wednesday, January 17, 2024, the City advertised an invitation to bid, requesting qualified contractors to perform the described scope of work found in the Bid Specifications and Plans for this Project. This solicitation was made available to contractors for twenty -six (26) calendar days and advertised in the following publications:

• Desert Sun – Published on January 17 and January 24, 2024 • La Prensa Hispana – Published on January 30, 2024
• Planit Print Works

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• City’s Website

On February 12, 2024, the City received seven (7) bid proposals for this Project. Based on the bids received Granite Construction Company (Granite) of Indio, CA, is the lowest responsive bidder. A Bid Tabulation is attached for reference. The following table ranks each qualified bidder by total price:

RANK CONTRACTOR AMOUMT
1 Granite Construction Company (Indio, CA) $ 1,016,000.00 2 Universal Construction & Engineering (Palm Desert, CA) $ 1,115,659.10 3 IE General Engineering (Wildomar, CA) $ 1,120,303.75
4 LC Paving & Sealing Inc (Escondido, CA) $ 1,145,067.75 5 Riverside Construction (Riverside, CA) $ 1,152,600.00 6 Onyx Paving (Anaheim, CA) $ 1,498,699.00
7 Hillcrest Contracting (Corona, CA) $ 1,536,041.95

The Engineer’s Estimate for the construction of both the street and water main improvements is $1,059,107.50. Granite’s bid construction amount is lower than the Engineer’s Estimate for the construction of the Project.

The Engineering Staff is recommending the City Council award a construction contract to Granite Construction Company in the amount of $1,016,000 for the construction of Via de Anza Street Improvements Project Phase III (C08841) and approve a fifteen percent (15%) contingency in the amount of $152,400 for any unforeseeable construction costs; and approve a budget adjustment in the amount of $303,803 by allocating funds from the Local Streets and Roads Program (SB1) with account number 248-100-150-156-8800-8802; and authorize the City Manager to execute the contract documents; and authorize the City Engineer to request bonds and insurance for the Project, and issue the Notice to Proceed.

ENVIRONMENTAL ANALYSIS:

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

FISCAL IMPACT:

A summary of the Project construction cost is shown below:

Bid Schedule A – Street Improvements: Cathedral City $ 581,000 Bid Schedule B – Water main Improvements: CVWD $ 435,000 Bid Construction Cost $1,016,000
15% Contingency $ 152,404
Total Construction Cost $1,168,400

Bid Schedule A– Street Improvements: Cathedral City

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Granite's bid for the Project's street improvement portion is in the amount of $581,000.

The City’s FY 2023 -2024 CIP shows that CBDG funds in the amount of $429,597 are programmed to construct the street portion of the Project. To account for the difference between the CDBG funding amount and the bid proposal, Staff is proposing to allocate available SB1 funds in the amount of $151,403 to fulfill the contract amount. Staff is also proposing to consider the 15% contingency in the amount of $152,400 from the same SB1 funding.

Thus, Staff is requesting a reallocation of available SB -1 in the amount of $303,803 from the SB1 Fund (248-100-150-156-8800-8802) to complete the Project.

Bid Schedule B – Water Main Improvements: CVWD

Granite's bid for the Project's water improvement portion is in the amount of $435,000.

A 100% Reimbursement Agreement with CVWD in the amount of $ 435,000 representing the construction cost for the replacement of the domestic water main, will be fully executed after the City awards the construction contract for the Project. This portion of the Project will be funded from the Capital Improvement Project (CIP) Fund (331). CVWD originally allocated a total of $478,000 in their FY 2023/2024 budget towards its portion of the Project. (Note: CVWD has provisions to pay additional costs if the original cost estimate is exceeded).

The following table summarizes the funding for the Project:

Project Description Fund Account Number Amount
Street Improvements CDBG 251-100-150-156-8800-8802 $ 429,597 Street Improvements SB1 248-100-150-156-8800-8802 $ 151,403 Water Main Improvements CIP 331-100-150-156-8800-8802 $ 435,000 15% Contingency SB1 248-100-150-156-8800-8802 $ 152,400 Total Amount $1,168,400

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:

MAP - Via De Anza Street Improvements
Via De Anza Bid Tabulation
Granite - Contract + Insurance

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1/1
Imagery ©2021 Maxar Technologies, USDA Farm Service Agency, Map data ©2021 100 ft Exhbit: Via De Anza Street Improvements - Project Location

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CITY OF CATHEDRAL CITY
VIA DE ANZA STREET IMPROVEMENTS, PHASE 3

ENGINEER'S ESTIMATE
CITY PROJECT No.: 8841
DATE: 02/12/2024
1 MOBILIZATION LS 1.00$ 20,000.00$ 20,000.00 $ 143,793.00 $ 143,793.00 $ 50,000.00 $ 50,000.00 $ 2 TRAFFIC CONTROL LS 1.00$ 15,000.00$ 15,000.00 $ 52,000.00 $ 52,000.00 $ 50,000.00 $ 50,000.00 $ 3 DUST CONTROL/ WATER POLLUTION CONTROL LS 1.00$ 14,000.00$ 14,000.00 $ 42,000.00 $ 42,000.00 $ 10,000.00 $ 10,000.00 $ 4 EARTHWORK (INCLUDES UTILIZING CLEARING AND
GRUBBING AND OTHER MISC ITEMS PER PLANS) LS 1.00$ 75,315.00$ 75,315.00 $ 54,400.00 $ 54,400.00 $ 50,000.00 $ 50,000.00 $ 5 SAWCUT, REMOVE, AND DISPOSE OF EXISTING CONCRETE
DRIVEWAY SF 1,035.00$

8.00$ 8,280.00$ 11.00$ 11,385.00$ 5.00$ 5,175.00$ 6 REMOVE EXISTING TREE EA 9.00$ 2,700.00$ 24,300.00 $ 3,600.00 $ 32,400.00 $ 3,000.00 $ 27,000.00 $ 7 FURNISH AND INSTALL MAILBOX PER PLAN EA 12.00$ 800.00$ 9,600.00$ 1,250.00$ 15,000.00$ 400.00$ 4,800.00$ 8 HOMEOWNER AS REQUESTED TO FURTHEST EXTENT
POSSIBLE EA 1.00$
650.00$ 650.00$ 2,120.00$ 2,120.00$ 900.00$ 900.00$ 9 DEMOLISH, REMOVE, AND DISPOSE OF EXISTING MASONRY
WALL AS NEEDED LF 30.00$
155.00$ 4,650.00$ 235.00$ 7,050.00$ 135.00$ 4,050.00$ 10 PULVERIZE 6" OF ROAD SECTION-THREE STEP PROCESS SF 22,105.00$ 1.00$ 22,105.00$ 0.72$ 15,915.60$ 1.75$ 38,683.75$ 11 CONSTRUCT TYPE A-6 CURB AND GUTTER PER RC STD 200
AND 205 LF 605.00$

60.00$ 36,300.00$ 38.50$ 23,292.50$ 37.00$ 22,385.00$ 12 CONSTRUCT CONCRETE WEDGE CURB PER RIVERSIDE
COUNTY STD 202A MOD. PER PLAN LF 205.00$

60.00$ 12,300.00$ 40.00$ 8,200.00$ 35.00$ 7,175.00$ 13 CONSTRUCT CURB TRANSITION PER RIVERSIDE COUNTY
STD 211 MOD. PER PLAN LF 20.00$

82.00$ 1,640.00$ 60.00$ 1,200.00$ 48.00$ 960.00$ 14 CONSTRUCT PCC SIDEWALK PER RC STD 401 MOD. SF 2,870.00$ 15.00$ 43,050.00$ 7.50$ 21,525.00$ 6.50$ 18,655.00$ 15 CONSTRUCTION PCC CROSS GUTTERS AND SPANDREL PER
RC STD 209 MOD. SF 2,180.00$

30.00$ 65,400.00$ 14.00$ 30,520.00$ 12.50$ 27,250.00$ 16 CONSTRUCT DRIVEWAY PER CATHEDRAL CITY STD 200-A
MOD. PER PLAN SF 2,765.00$

18.00$ 49,770.00$ 12.00$ 33,180.00$ 9.00$ 24,885.00$ 17 CONSTRUCT CURB RAMP PER CALTRANS STD A88A MOD.
(CASE C) EA 3.00$
1,550.00$ 4,650.00 $ 4,650.00 $ 13,950.00 $ 6,500.00 $ 19,500.00 $ 18 CONSTRUCT MONOLITHIC RETAINING CURB (6" WIDE AND 8" TALL) LF 285.00$

15.00$ 4,275.00$ 40.00$ 11,400.00$ 32.00$ 9,120.00$ 19 CONSTRUCT CONCRETE STAIRS PER SPPWC STANDARD 640-
4, TYPE A MOD. LS 1.00$
1,100.00$ 1,100.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 4,500.00 $ 20 REMVOE, REGRADE, AND RESET EXISTING PAVERS PER PLAN SF 265.00$ 55.00$ 14,575.00$ 18.00$ 4,770.00$ 55.00$ 14,575.00$ 21 CONSTRUCT ASPHALT CONCRETE (DEPTH PER PLAN) TON 400.00$ 211.00$ 84,400.00$ 191.00$ 76,400.00$ 210.00$ 84,000.00$ 22 FURNISH AND INSTALL CLASS II AGGREGATE BASE CY 31.00$ 50.00$ 1,550.00$ 164.00$ 5,084.00$ 260.00$ 8,060.00$ 23 1 1/2" GRIND AC PAVEMENT SF 1,470.00$ 7.00$ 10,290.00$ 3.70$ 5,439.00$ 9.00$ 13,230.00$ 24 MODIFY AND RESTORE EXISTING LANDSCAPING,

IRRIGATION, AND HARDSCAPE AS NEED TO SATISFACTION O
F
CITY
LS

1.00$ 13,150.00$ 13,150.00 $ 18,740.00 $ 18,740.00 $ 10,000.00 $ 10,000.00 $ 25 CONSTRUCT MASONRY GARDEN WALL PER PLAN LF 25.00$ 1,000.00$ 25,000.00 $ 300.00 $ 7,500.00 $ 370.00 $ 9,250.00 $ 26 CONSTRUCT 6' HIGH MASONRY PILASTER EA 3.00$ 2,400.00$ 7,200.00 $ 1,245.00 $ 3,735.00 $ 2,000.00 $ 6,000.00 $ 27 ADJUST STORM DRAIN/SEWER CLEAN-OUT TO FINSIHED
GRADE PER CITY STANDARDS EA 4.00$
2,500.00$ 10,000.00 $ 1,100.00 $ 4,400.00 $ 2,200.00 $ 8,800.00 $ 28 SIGNING & STRIPING, INCLUDING ALL INCIDENTALS LS 1.00$ 2,450.00$ 2,450.00 $ 3,000.00 $ 3,000.00 $ 3,850.00 $ 3,850.00 $ 581,000.00$ 652,899.10 $ 532,803.75 $

UNIT COST TOTAL
Universal Construction & Engineering IE General Engineering

UNIT COST TOTAL UNIT COST TOTAL
Granite

SUB-TOTAL ROADWAY AND TRAFFIC BID ITEMS

ITEM DESCRIPTION UNIT QUANTITY

ROADWAY AND TRAFFIC BID ITEMS
Sheet 1

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CITY OF CATHEDRAL CITY
VIA DE ANZA STREET IMPROVEMENTS, PHASE 3

ENGINEER'S ESTIMATE
CITY PROJECT No.: 8841
DATE: 02/12/2024
1 ABANDON IN PLACE EXISTING 6-INCH CML/CMC WATER

PIPELINE BY FILLING WITH SLURRY CEMENT AND BURYING

GATE VALVE AS SHOWN IN THE PLAN
LS

1.00$
52,000.00$ 52,000.00 $ 13,800.00 $ 13,800.00 $ 10,000.00 $ 10,000.00 $ 2 FURNISH AND INSTALL 8-INCH DUCTILE IRON PIPE ZINC

COATED WITH RESTRAINED JOINTS AND V-BIO ENHANCED

POLYETHYLENE ENCASEMENT METHOD A
LF
870.00$
155.00$ 134,850.00$ 335.00$ 291,450.00$ 300.00$ 261,000.00$ 3 FURNISH AND INSTALL 1-INCH WATER SERVICE
CONNECTION AND METER BOX PER CVWD STD. W-5B AND W-
7 EA

19.00$
5,200.00$ 98,800.00 $ 3,450.00 $ 65,550.00 $ 7,500.00 $ 142,500.00$ 4 FURNISH AND INSTALL 8-INCH 45° BEND DI ZINC COATED
WITH V-BIO ENHANCED POLYETHYLENE ENCASEMENT EA 4.00$
100.00$ 400.00$ 1,035.00$ 4,140.00$ 7,500.00$ 30,000.00$ 5 FURNISH AND INSTALL 6-INCH FIRE HYDRANT ASSEMBLY
(WET BARREL) PER CVWD STD. W-17 AND W-33A EA 2.00$
28,500.00$ 57,000.00 $ 20,125.00 $ 40,250.00 $ 25,000.00 $ 50,000.00 $ 6 CONSTRUCT TIE-IN CONNECTION AT STA 16+45, STA 20+02
AND STA 23+01 AS SHOWN ON THE PLAN, INCLUDING ALL

NECESSARY APPURTENANCES COMPLETED AND IN PLACE
EA

3.00$
6,150.00$ 18,450.00 $ 7,475.00 $ 22,425.00 $ 4,000.00 $ 12,000.00 $ 7 FLUSH AND PRESSURE TESTING THE NEWLY INSTALLED

WATERLINE PER CVWD'S REQUIREMENT INCLUDING FIRE

HYDRANT, INDIVIDUAL SECTION SEQUENCES, TEMPORARY

BLOW-OFF ASSEMBLY, DISH HEADS, AND THRUST

PROTECTION
LS

1.00$
15,150.00$ 15,150.00 $ 6,325.00 $ 6,325.00 $ 5,000.00 $ 5,000.00 $ 8 CHLORINATION AND DISINFECTION OF NEWLY INSTALLED

WATERLINE AND BACTERIOLOGICAL SAMPLES PER CVWD'S

REQUIREMENTS
LS

1.00$
14,150.00$ 14,150.00 $ 4,025.00 $ 4,025.00 $ 5,000.00 $ 5,000.00 $ 9 WATER MAIN & SERVICE LINE TRENCH REPAIR ON VIA DE

ANZA AND ARROWHEAD ROAD (INCLUDING BACKFILL,
COMPACTION, CONCRETE, AND A.C. PAVEMENT)
LS

1.00$
10,600.00$ 10,600.00 $ 9,965.00 $ 9,965.00 $ 30,000.00 $ 30,000.00 $ 10 ADJUST WATER VALVE TO FINISHED GRADE PER CVWD
STANDARDS EA 14.00$
2,400.00$ 33,600.00 $ 345.00 $ 4,830.00 $ 3,000.00 $ 42,000.00 $ 435,000.00$ 462,760.00 $ 587,500.00 $
1,016,000.00$ 1,115,659.10 $ 1,120,303.75 $
Granite Universal Construction & Engineering IE General Engineering

UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT QUANTITY

GRAND TOTAL

SUB-TOTAL WATER MAIN IMPROVEMENT BID ITEMS

ITEM DESCRIPTION

WATER MAIN IMPROVEMENT BID ITEMS
Sheet 2

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CITY OF CATHEDRAL CITY
VIA DE ANZA STREET IMPROVEMENTS, PHASE 3

ENGINEER'S ESTIMATE
CITY PROJECT No.: 8841
DATE: 02/12/2024
1 MOBILIZATION LS 1.00$ 125,000.00$ 125,000.00 $ 198,177.00 $ 198,177.00 $ 234,000.00 $ 234,000.00 $ 2 TRAFFIC CONTROL LS 1.00$ 70,000.00$ 70,000.00$ 50,000.00$ 50,000.00$ 23,000.00$ 23,000.00$ 3 DUST CONTROL/ WATER POLLUTION CONTROL LS 1.00$ 7,500.00$ 7,500.00 $ 56,000.00 $ 56,000.00 $ 13,000.00 $ 13,000.00 $ 4 EARTHWORK (INCLUDES UTILIZING CLEARING AND
GRUBBING AND OTHER MISC ITEMS PER PLANS) LS 1.00$ 30,500.00$ 30,500.00$ 50,000.00$ 50,000.00$ 132,000.00$ 132,000.00$ 5 SAWCUT, REMOVE, AND DISPOSE OF EXISTING CONCRETE
DRIVEWAY SF 1,035.00$

14.50$ 15,007.50$ 3.00$ 3,105.00$ 6.00$ 6,210.00$ 6 REMOVE EXISTING TREE EA 9.00$ 2,950.00$ 26,550.00 $ 2,700.00 $ 24,300.00 $ 2,000.00 $ 18,000.00 $ 7 FURNISH AND INSTALL MAILBOX PER PLAN EA 12.00$ 400.00$ 4,800.00 $ 1,000.00 $ 12,000.00 $ 1,200.00 $ 14,400.00 $ 8 REMOVE AND SALVAGE DECORATIVE MAILBOX TO
HOMEOWNER AS REQUESTED TO FURTHEST EXTENT EA 1.00$
1,650.00$ 1,650.00 $ 2,000.00 $ 2,000.00 $ 1,200.00 $ 1,200.00 $ 9 DEMOLISH, REMOVE, AND DISPOSE OF EXISTING MASONRY
WALL AS NEEDED LF 30.00$
140.00$ 4,200.00 $ 210.00 $ 6,300.00 $ 200.00 $ 6,000.00 $ 10 PULVERIZE 6" OF ROAD SECTION-THREE STEP PROCESS SF 22,105.00$ 1.05$ 23,210.25$ 1.60$ 35,368.00$ 2.50$ 55,262.50$ 11 CONSTRUCT TYPE A-6 CURB AND GUTTER PER RC STD 200
AND 205 LF 605.00$

43.00$ 26,015.00$ 38.00$ 22,990.00$ 48.00$ 29,040.00$ 12 CONSTRUCT CONCRETE WEDGE CURB PER RIVERSIDE
COUNTY STD 202A MOD. PER PLAN LF 205.00$

50.00$ 10,250.00$ 68.00$ 13,940.00$ 56.00$ 11,480.00$ 13 CONSTRUCT CURB TRANSITION PER RIVERSIDE COUNTY STD
211 MOD. PER PLAN LF 20.00$
250.00$ 5,000.00 $ 63.00 $ 1,260.00$ 50.00$ 1,000.00$ 14 CONSTRUCT PCC SIDEWALK PER RC STD 401 MOD. SF 2,870.00$ 9.00$ 25,830.00$ 6.00$ 17,220.00$ 9.00$ 25,830.00$ 15 CONSTRUCTION PCC CROSS GUTTERS AND SPANDREL PER RC
STD 209 MOD. SF 2,180.00$

16.00$ 34,880.00$ 18.00$ 39,240.00$ 18.15$ 39,567.00$ 16 CONSTRUCT DRIVEWAY PER CATHEDRAL CITY STD 200-A
MOD. PER PLAN SF 2,765.00$

12.00$ 33,180.00$ 16.00$ 44,240.00$ 13.60$ 37,604.00$ 17 CONSTRUCT CURB RAMP PER CALTRANS STD A88A MOD.
(CASE C) EA 3.00$
5,250.00$ 15,750.00 $ 5,200.00 $ 15,600.00 $ 6,000.00 $ 18,000.00 $ 18 CONSTRUCT MONOLITHIC RETAINING CURB (6" WIDE AND 8"
TALL) LF 285.00$

44.00$ 12,540.00$ 17.00$ 4,845.00$ 16.50$ 4,702.50$ 19 CONSTRUCT CONCRETE STAIRS PER SPPWC STANDARD 640-4, TYPE A MOD. LS 1.00$
11,500.00$ 11,500.00$ 3,500.00$ 3,500.00$ 1,000.00$ 1,000.00$ 20 REMVOE, REGRADE, AND RESET EXISTING PAVERS PER PLAN SF 265.00$ 30.00$ 7,950.00$ 26.00$ 6,890.00$ 45.00$ 11,925.00$ 21 CONSTRUCT ASPHALT CONCRETE (DEPTH PER PLAN) TON 400.00$ 123.00$ 49,200.00$ 137.00 $ 54,800.00$ 137.00 $ 54,800.00$ 22 FURNISH AND INSTALL CLASS II AGGREGATE BASE CY 31.00$ 300.00$ 9,300.00 $ 365.00 $ 11,315.00$ 143.00 $ 4,433.00 $ 23 1 1/2" GRIND AC PAVEMENT SF 1,470.00$ 13.50$ 19,845.00$ 8.00$ 11,760.00$ 1.00$ 1,470.00$ 24 MODIFY AND RESTORE EXISTING LANDSCAPING,

IRRIGATION, AND HARDSCAPE AS NEED TO SATISFACTION OF
CITY
LS

1.00$
62,000.00$ 62,000.00$ 20,000.00$ 20,000.00$ 25,000.00$ 25,000.00$ 25 CONSTRUCT MASONRY GARDEN WALL PER PLAN LF 25.00$ 690.00$ 17,250.00$ 200.00 $ 5,000.00 $ 215.00 $ 5,375.00 $ 26 CONSTRUCT 6' HIGH MASONRY PILASTER EA 3.00$ 2,600.00$ 7,800.00 $ 4,000.00 $ 12,000.00 $ 4,500.00 $ 13,500.00 $ 27 ADJUST STORM DRAIN/SEWER CLEAN-OUT TO FINSIHED
GRADE PER CITY STANDARDS EA 4.00$
700.00$ 2,800.00 $ 1,500.00 $ 6,000.00 $ 3,600.00 $ 14,400.00 $ 28 SIGNING & STRIPING, INCLUDING ALL INCIDENTALS LS 1.00$ 9,900.00$ 9,900.00 $ 2,500.00 $ 2,500.00 $ 4,000.00 $ 4,000.00 $ 669,407.75$ 730,350.00 $ 806,199.00 $
Onyx Paving

UNIT COST TOTAL
Riverside Construction

UNIT COST TOTAL
LC Paving & Sealing Inc.

UNIT COST TOTAL

SUB-TOTAL ROADWAY AND TRAFFIC BID ITEMS

ITEM DESCRIPTION UNIT QUANTITY

ROADWAY AND TRAFFIC BID ITEMS
Sheet 3

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CITY OF CATHEDRAL CITY
VIA DE ANZA STREET IMPROVEMENTS, PHASE 3

ENGINEER'S ESTIMATE
CITY PROJECT No.: 8841
DATE: 02/12/2024
1 ABANDON IN PLACE EXISTING 6-INCH CML/CMC WATER

PIPELINE BY FILLING WITH SLURRY CEMENT AND BURYING

GATE VALVE AS SHOWN IN THE PLAN
LS

1.00$
48,500.00$ 48,500.00 $ 32,000.00 $ 32,000.00 $ 29,000.00 $ 29,000.00 $ 2 FURNISH AND INSTALL 8-INCH DUCTILE IRON PIPE ZINC

COATED WITH RESTRAINED JOINTS AND V-BIO ENHANCED

POLYETHYLENE ENCASEMENT METHOD A
LF
870.00$
238.00$ 207,060.00$ 175.00 $ 152,250.00$ 220.00 $ 191,400.00$ 3 FURNISH AND INSTALL 1-INCH WATER SERVICE
CONNECTION AND METER BOX PER CVWD STD. W-5B AND W-
7 EA

19.00$
3,800.00$ 72,200.00 $ 5,000.00 $ 95,000.00 $ 6,700.00 $ 127,300.00$ 4 FURNISH AND INSTALL 8-INCH 45° BEND DI ZINC COATED
WITH V-BIO ENHANCED POLYETHYLENE ENCASEMENT EA 4.00$
1,750.00$ 7,000.00 $ 2,000.00 $ 8,000.00 $ 5,000.00 $ 20,000.00 $ 5 FURNISH AND INSTALL 6-INCH FIRE HYDRANT ASSEMBLY
(WET BARREL) PER CVWD STD. W-17 AND W-33A EA 2.00$
34,000.00$ 68,000.00 $ 20,000.00 $ 40,000.00 $ 20,000.00 $ 40,000.00 $ 6 CONSTRUCT TIE-IN CONNECTION AT STA 16+45, STA 20+02
AND STA 23+01 AS SHOWN ON THE PLAN, INCLUDING ALL

NECESSARY APPURTENANCES COMPLETED AND IN PLACE
EA

3.00$
1,650.00$ 4,950.00 $ 8,000.00 $ 24,000.00 $ 8,800.00 $ 26,400.00 $ 7 FLUSH AND PRESSURE TESTING THE NEWLY INSTALLED

WATERLINE PER CVWD'S REQUIREMENT INCLUDING FIRE

HYDRANT, INDIVIDUAL SECTION SEQUENCES, TEMPORARY

BLOW-OFF ASSEMBLY, DISH HEADS, AND THRUST

PROTECTION
LS

1.00$
20,500.00$ 20,500.00 $ 20,000.00 $ 20,000.00 $ 10,400.00 $ 10,400.00 $ 8 CHLORINATION AND DISINFECTION OF NEWLY INSTALLED

WATERLINE AND BACTERIOLOGICAL SAMPLES PER CVWD'S

REQUIREMENTS
LS

1.00$
24,000.00$ 24,000.00 $ 7,000.00 $ 7,000.00 $ 22,200.00 $ 22,200.00 $ 9 WATER MAIN & SERVICE LINE TRENCH REPAIR ON VIA DE

ANZA AND ARROWHEAD ROAD (INCLUDING BACKFILL,
COMPACTION, CONCRETE, AND A.C. PAVEMENT)
LS

1.00$
8,750.00$ 8,750.00 $ 30,000.00 $ 30,000.00 $ 195,000.00 $ 195,000.00 $ 10 ADJUST WATER VALVE TO FINISHED GRADE PER CVWD
STANDARDS EA 14.00$
1,050.00$ 14,700.00 $ 1,000.00 $ 14,000.00 $ 2,200.00 $ 30,800.00 $ 475,660.00$ 422,250.00 $ 692,500.00 $
1,145,067.75$ 1,152,600.00 $ 1,498,699.00 $
LC Paving & Sealing Inc.

UNIT COST TOTAL
Riverside Construction Onyx Paving

UNIT COST TOTAL UNIT COST TOTAL UNIT QUANTITY

GRAND TOTAL

SUB-TOTAL WATER MAIN IMPROVEMENT BID ITEMS

ITEM DESCRIPTION

WATER MAIN IMPROVEMENT BID ITEMS
Sheet 4

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CITY OF CATHEDRAL CITY
VIA DE ANZA STREET IMPROVEMENTS, PHASE 3

ENGINEER'S ESTIMATE
CITY PROJECT No.: 8841
DATE: 02/12/2024
1 MOBILIZATION LS 1.00$ 174,000.00$ 174,000.00 $ 2 TRAFFIC CONTROL LS 1.00$ 167,000.00$ 167,000.00 $ 3 DUST CONTROL/ WATER POLLUTION CONTROL LS 1.00$ 30,300.00$ 30,300.00$ 4 EARTHWORK (INCLUDES UTILIZING CLEARING AND
GRUBBING AND OTHER MISC ITEMS PER PLANS) LS 1.00$ 146,000.00$ 146,000.00 $ 5 SAWCUT, REMOVE, AND DISPOSE OF EXISTING CONCRETE
DRIVEWAY SF 1,035.00$

11.00$ 11,385.00$
6 REMOVE EXISTING TREE EA 9.00$ 2,900.00$ 26,100.00 $ 7 FURNISH AND INSTALL MAILBOX PER PLAN EA 12.00$ 710.00$ 8,520.00 $ 8 REMOVE AND SALVAGE DECORATIVE MAILBOX TO
HOMEOWNER AS REQUESTED TO FURTHEST EXTENT EA 1.00$
1,100.00$ 1,100.00 $
9 DEMOLISH, REMOVE, AND DISPOSE OF EXISTING MASONRY
WALL AS NEEDED LF 30.00$
100.00$ 3,000.00 $
10 PULVERIZE 6" OF ROAD SECTION-THREE STEP PROCESS SF 22,105.00$ 0.17$ 3,757.85$ 11 CONSTRUCT TYPE A-6 CURB AND GUTTER PER RC STD 200
AND 205 LF 605.00$

62.26$ 37,667.30$
12 CONSTRUCT CONCRETE WEDGE CURB PER RIVERSIDE
COUNTY STD 202A MOD. PER PLAN LF 205.00$

59.59$ 12,215.95$
13 CONSTRUCT CURB TRANSITION PER RIVERSIDE COUNTY STD
211 MOD. PER PLAN LF 20.00$

50.90$ 1,018.00$
14 CONSTRUCT PCC SIDEWALK PER RC STD 401 MOD. SF 2,870.00$ 8.70$ 24,969.00$ 15 CONSTRUCTION PCC CROSS GUTTERS AND SPANDREL PER RC
STD 209 MOD. SF 2,180.00$

24.37$ 53,126.60$
16 CONSTRUCT DRIVEWAY PER CATHEDRAL CITY STD 200-A
MOD. PER PLAN SF 2,765.00$

14.13$ 39,069.45$
17 CONSTRUCT CURB RAMP PER CALTRANS STD A88A MOD.
(CASE C) EA 3.00$
5,291.34$ 15,874.02 $
18 CONSTRUCT MONOLITHIC RETAINING CURB (6" WIDE AND 8"
TALL) LF 285.00$

67.98$ 19,374.30$
19 CONSTRUCT CONCRETE STAIRS PER SPPWC STANDARD 640-4, TYPE A MOD. LS 1.00$
2,458.48$ 2,458.48 $
20 REMVOE, REGRADE, AND RESET EXISTING PAVERS PER PLAN SF 265.00$ 26.40$ 6,996.00$ 21 CONSTRUCT ASPHALT CONCRETE (DEPTH PER PLAN) TON 400.00$ 158.00$ 63,200.00$ 22 FURNISH AND INSTALL CLASS II AGGREGATE BASE CY 31.00$ 330.00$ 10,230.00$ 23 1 1/2" GRIND AC PAVEMENT SF 1,470.00$ 10.00$ 14,700.00$ 24 MODIFY AND RESTORE EXISTING LANDSCAPING,

IRRIGATION, AND HARDSCAPE AS NEED TO SATISFACTION OF
CITY
LS

1.00$
39,000.00$ 39,000.00$
25 CONSTRUCT MASONRY GARDEN WALL PER PLAN LF 25.00$ 324.00$ 8,100.00 $ 26 CONSTRUCT 6' HIGH MASONRY PILASTER EA 3.00$ 2,430.00$ 7,290.00 $ 27 ADJUST STORM DRAIN/SEWER CLEAN-OUT TO FINSIHED
GRADE PER CITY STANDARDS EA 4.00$
1,940.00$ 7,760.00 $
28 SIGNING & STRIPING, INCLUDING ALL INCIDENTALS LS 1.00$ 3,750.00$ 3,750.00 $ 937,961.95$
Hillcrest Contracting

UNIT COST TOTAL

SUB-TOTAL ROADWAY AND TRAFFIC BID ITEMS

ITEM DESCRIPTION UNIT QUANTITY

ROADWAY AND TRAFFIC BID ITEMS
Sheet 5

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CITY OF CATHEDRAL CITY
VIA DE ANZA STREET IMPROVEMENTS, PHASE 3

ENGINEER'S ESTIMATE
CITY PROJECT No.: 8841
DATE: 02/12/2024
1 ABANDON IN PLACE EXISTING 6-INCH CML/CMC WATER

PIPELINE BY FILLING WITH SLURRY CEMENT AND BURYING

GATE VALVE AS SHOWN IN THE PLAN
LS

1.00$
40,000.00$ 40,000.00 $
2 FURNISH AND INSTALL 8-INCH DUCTILE IRON PIPE ZINC

COATED WITH RESTRAINED JOINTS AND V-BIO ENHANCED

POLYETHYLENE ENCASEMENT METHOD A
LF
870.00$
280.00$ 243,600.00$
3 FURNISH AND INSTALL 1-INCH WATER SERVICE
CONNECTION AND METER BOX PER CVWD STD. W-5B AND W-
7 EA

19.00$
6,200.00$ 117,800.00$
4 FURNISH AND INSTALL 8-INCH 45° BEND DI ZINC COATED
WITH V-BIO ENHANCED POLYETHYLENE ENCASEMENT EA 4.00$
2,000.00$ 8,000.00 $
5 FURNISH AND INSTALL 6-INCH FIRE HYDRANT ASSEMBLY
(WET BARREL) PER CVWD STD. W-17 AND W-33A EA 2.00$
23,000.00$ 46,000.00 $
6 CONSTRUCT TIE-IN CONNECTION AT STA 16+45, STA 20+02
AND STA 23+01 AS SHOWN ON THE PLAN, INCLUDING ALL

NECESSARY APPURTENANCES COMPLETED AND IN PLACE
EA

3.00$
31,600.00$ 94,800.00 $
7 FLUSH AND PRESSURE TESTING THE NEWLY INSTALLED

WATERLINE PER CVWD'S REQUIREMENT INCLUDING FIRE

HYDRANT, INDIVIDUAL SECTION SEQUENCES, TEMPORARY

BLOW-OFF ASSEMBLY, DISH HEADS, AND THRUST

PROTECTION
LS

1.00$
10,800.00$ 10,800.00 $
8 CHLORINATION AND DISINFECTION OF NEWLY INSTALLED

WATERLINE AND BACTERIOLOGICAL SAMPLES PER CVWD'S

REQUIREMENTS
LS

1.00$
10,800.00$ 10,800.00 $
9 WATER MAIN & SERVICE LINE TRENCH REPAIR ON VIA DE

ANZA AND ARROWHEAD ROAD (INCLUDING BACKFILL,
COMPACTION, CONCRETE, AND A.C. PAVEMENT)
LS

1.00$
12,700.00$ 12,700.00 $
10 ADJUST WATER VALVE TO FINISHED GRADE PER CVWD
STANDARDS EA 14.00$
970.00$ 13,580.00$
598,080.00$
1,536,041.95$

UNIT COST TOTAL
Hillcrest Contracting

UNIT QUANTITY

GRAND TOTAL

SUB-TOTAL WATER MAIN IMPROVEMENT BID ITEMS

ITEM DESCRIPTION

WATER MAIN IMPROVEMENT BID ITEMS
Sheet 6

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Agreement 1300-1
SECTION 1300

CONTRACT

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

W I T N E S S E T H:

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

1. Contractor shall furnish all necessar y labor, material, equi pment, transportation, and services VIA DE ANZA STREET IMPROVEMEN TS PROJECT – PHASE III, CITY PROJECT NO. 8841, BID NO. B23-57E (the “Work”) in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated January 17, 2024, Instructions to Bidders, permits issued by the City or other agenc ies, the General and Specific Project Requirements, Standard Specific ations, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions the Contractor's Bid dated February 12, 2024, and any addenda thereto (the “Contract Documents”) all of which shall be considered a part hereof as though fully set herein.

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

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

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

5. In consideration of said Work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor for all Work shall not exceed One Million Sixteen Thousand Dollars and Zero Cents ($1,016,000.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.

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Agreement 1300-2

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

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

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

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

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

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Agreement 1300-3

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

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

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

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

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

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

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

General Decision Number: CA20240025

Modification Number: 2

Date: 1-19-2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Buy America Requirements

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

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

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

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

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

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Agreement 1300-10
deemed completed.

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

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

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

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

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

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

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

"CITY"

CITY OF CATHEDRAL CITY,
a California municipal corporation

By:________________________________ Dated:______________________________

Charles P. McClendon, City Manager

ATTEST:

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

APPROVED AS TO FORM:

Dated: _____________________________
Eric Vail, City Attorney

“CONTRACTOR”

Dated: By: _______________________________ Name: _______________________________
Title: _______________________________

Dated: By: ____________________________ Name: ________________________________
Title: ________________________________

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

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Faithful Performance Bond 1310-1
SECTION 1310

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a muni cipal corporation, hereinafter designated the City, has, on February 28, 2024, awar ded to Granite Construction Company , hereinafter designated as the Pr incipal, a Contract for VIA DE ANZA STREET IMPROVEMENTS PROJECT – PHASE III, CI TY PROJECT NO. 8841, BID NO. B23- 57E and

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

NOW, THEREFORE, we, the Principal, and Travelers and Surety Company of America, as Surety, are held and firmly bound unto the City in the just and full amount of One Million Sixteen Thousand Dollars and Zero Cents ($1,016,000.00), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrat ors, and successors, jointly and severally, firmly by these presents.

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

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

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

THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK

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

__________________________________________________
Principal
(Seal)

__________________________________________________
Signature for Principal

__________________________________________________
Title of Signatory

__________________________________________________
Surety

(Seal)

__________________________________________________
Signature for Surety

__________________________________________________
Title of Signatory

__________________________________________________
Address of Surety

__________________________________________________
Phone # of Surety

__________________________________________________
Contact Person For Surety

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Payment Bond 1320-1
SECTION 1320

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS:

THAT the City of Cathedral City, a muni cipal corporation, hereinafter designated the City, has, on February 28, 2024, awar ded to Granite Construction Company , hereinafter designated as the Pr incipal, a Contract for VIA DE ANZA STREET IMPROVEMENTS PROJECT – PHASE III, CI TY PROJECT NO. 8841, BID NO. B23- 57E and

WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:

NOW, THEREFORE, we, t he Principal, and Travelers and Surety Company of America, as Surety, are held and firmly bound unto the City in the just and full amount of One Million Sixteen Thousand Dolla rs and Zero Cents ($1,016,000.00) , executors, administrators, and successors, jointly and severally, firmly by these presents.

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

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

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

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

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

__________________________________________________
Principal
(Seal)

__________________________________________________
Signature for Principal

________________________________________________
Title of Signatory

__________________________________________________
Surety

(Seal)

__________________________________________________
Signature for Surety

__________________________________________________
Title of Signatory

__________________________________________________
Address of Surety

__________________________________________________
Phone # of Surety

__________________________________________________
Contact Person For Surety

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Workers' Compensation Insurance 1330-1
SECTION 1330

WORKERS' COMPENSATION INSURANCE CERTIFICATE

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

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

______________________________________________
Signature

______________________________________________
Title

______________________________________________
Date

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Liability & Insurance Requirements 1340-1
SECTION 1340

LIABILITY AND INSU RANCE REQUIREMENTS

1.0 INDEMNIFICATION

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

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

2.0 INSURANCE REQUIREMENTS

2.1 General

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

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

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

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Liability & Insurance Requirements 1340-2

2.2 Commercial General Liability Policy

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

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

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

c. Independent Contractors.

d. Blanket Contractual.

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

2.3 Commercial Business Auto Policy

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

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

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

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

2.4 Workers' Compensation Insurance

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

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

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

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Liability & Insurance Requirements 1340-3

2.5 Endorsements

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

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

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

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

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

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

2.6 Change in Terms

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

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Cathedral City Page 1 of 4 Printed on 2/22/2024

Staff Report

City Council

Item No. 6.D

Meeting Date: February 28, 2024
From: John Corella, Director of Engineering/Public Works Title: Reimbursement Agreement with the Coachella Valley Water District (CVWD) in conjunction with the upcoming Via De Anza Street Improvements Project - Phase III

City Council

RECOMMENDATION:

To authorize the City Manager to execute a 100% Reimbursement Agreement with the Coachella Valley Water District (CVWD) for the relocation and replacement of a water main at an estimated construction cost of $435,000 within the limits of the upcoming Via De Anza Street Improvements Project - Phase III, located along the east side of Via De Anza between Olancha Road and Ortega Road, and the Arrowhead Road cul -de-sac east of Via De Anza.

BACKGROUND:

The Via De Anza Street Improvements Project – Phase III is the last phase of the Project identified in the FY 2023 -2024 Community Block Development Grant (CDBG) Annual Action Plan (AAP) under the category of public improvements.

During the design phase of the Project, the Coachella Valley Water District (CVWD) Staff advised City Staff they would need to install a new water main on the east side of Via De Anza Street between Dinah Shore Drive and Ortega Road prior to the construction of the City’s Street improvement Project. As a result, this new water pipeline altered the originally proposed Via De Anza Street Improvement Project. While the Project was originally set to be constructed in one phase, CVWD’s request required that the Project be divided into three (3) phases as follows:

• Phase I – West side of Via De Anza between Dinah Shore Drive and Olancha Road with infill portions on both Olancha Road and Via Altamira. • Phase II – East side of Via De Anza between Dinah Shore Drive and Olancha Road.
• Phase III – East side of Via De Anza between Olancha Road and Ortega Road, including the cul-de-sac on Arrowhead Road to the east of Via De Anza.

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The Via De Anza Street Improvements Project - Phase I, was completed in March 2023 and consisted of street improvements only.

During the design phase of t he Via De Anza Street Improvements Project – Phase II, City Staff and CVWD Staff agreed the best course of action was for both the City’s Project and CVWD’s water main replacement Project be constructed simultaneously under one contract. In the past, t he City and CVWD have coordinated work for the construction of street improvements together with the relocation and upgrades of CVWD water pipelines.

Both Agencies executed a reimbursement agreement to construct the street and water main improvements within Project limits. Under this agreement, the City was the lead agency managing the bid process and the construction as a combined Project and CVWD reimbursed the City 100% for the cost of the water main improvements. The construction of Via De Anza Project – Phase II began in July 2023 and was completed in October 2023.

The Via De Anza Street Improvements Project - Phase III includes the relocation and replacement of the water mains located on the east side of Via De Anza Street between Olancha Road and Ortega Road, and along the north side of the Cul -de-Sac on Arrowhead Road to the east of Via De Anza Street. City Staff and CVWD Staff are proposing to execute a similar reimbursement agreement as in prior phases to complete the Project.

DISCUSSION:

With Phase I and Phase II of the Via De Anza Street Improvement Project completed and the successful construction of the water main improvements, both Agencies moved towards the design stage of the Phase III Project.

The limits of the Via De Anza Street Improvements Phase III Project are along the east side of Via De Anza between Olancha Road and Ortega Road and the Cul -De-Sac on Arrowhead Road to the east of Via De Anza Street.

Within the previously mentioned limits of the Phase III Project, the proposed street improvements consist of constructing a sidewalk, curb, gutter, ADA -compliant curb ramps, driveways, and the installation of new asphalt concrete. CVWD’s water main improvements include replacing approximately 870 linear feet of existing 6 -inch cement mortar coated water main pipe with a new 8 -inch ductile iron water main pipe and all necessary appurtenances.

Both agencies agreed that the street and water main projects be constructed simultaneously under one contract as a combined Project. The City will be the lead agency in the construction effort and CVWD will reimburse the City for 100% of the water main replacement work.

CVWD prepared the engineering design of the domestic water main replacement and all associated portions of the Project according to CVWD’s design criteria and standards at

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CVWD’s expense. CVWD engineering design was incorporated together with the City’s Street Improvement Project.

The next step in this combined Project effort is to approve a Reimbursement Agreement between both agencies. A Reimbursement Agreement between the City and CVWD has been prepared. CVWD will be responsible for reimbursing the City 100% of the construction cost to replace CVWD’s water main portion of the City’s street improvement Project. A copy of the Reimbursement Agreement is attached to this Staff Report.

Please note that CVWD Staff has received approval from the CVWD Board of Directors for the Reimbursement Agreement and respective budget amendment at the CVWD Board meeting on January 09, 2024. A copy of the CVWD Staff Report is also attached.

The Via De Anza Street Improvements Project - Phase III bid documents were publicly advertised for bid on January 17, 2024. The Public Bid Opening for this Project took place on Monday, February 12, 2024. The City received seven (7) bid proposals. The results from the bid opening are follows:

Contractor
Bid Schedule A
– Street
Improvements
Bid Schedule B
– Water Main
Improvements
Total Amount
Granite Construction Company
(Indio, CA) $ 581,000.00 $ 435,000.00 $ 1,016,000.00
Universal Construction &
Engineering (Palm Desert, CA) $ 652,899.10 $ 462,760.00 $ 1,115,659.10 IE General Engineering
(Wildomar, CA) $ 532,803.75 $ 587,500.00 $ 1,120,303.75 LC Paving & Sealing Inc
(Escondido, CA) $ 669,407.75 $ 475,660.00 $ 1,145,067.75 Riverside Construction
(Riverside, CA) $ 730,350.00 $ 422,250.00 $ 1,152,600.00 Onyx Paving
(Anaheim, CA) $ 806,199.00 $ 692,500.00 $ 1,498,699.00 Hillcrest Contracting
(Corona, CA) $ 937,961.95 $ 598,080.00 $ 1,536,041.95

The construction bid amount for the water main improvements from Granite Construction Company (Granite) is in the amount of $435,000.00. CVWD Staff have reviewed and approved the construction bid amount for the water main improvements portion of the Via De Anza Street Improvements Project – Phase III.

A Staff Report for the recommendation of a contract award to Granite for the construction of the Via De Anza Street Improvements Project – Phase III is also presented at the February 28, 2024, City Council Meeting.

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Staff is requesting City Council authorize the City Manager to execute a 100% Reimbursement Agreement with the Coachella Valley Water District (CVWD) for the relocation and replacement of a water main at an estimated construction cost of $435,000 within the limits of the upcoming Via De Anza Street Improvements Project – Phase III, located along the east side of Via De Anza between Olancha Road and Ortega Road, and the Arrowhead Road cul-de-sac east of Via De Anza.

FISCAL IMPACT:

A 100% Reimbursement Agreement with CVWD in the amount of $ 435,000. representing the construction cost for the replacement of the domestic water main, will be fully executed after the City awards a construction contract for the Project. This portion of the Project will be funded from the Capital Improvement Project (CIP) Fund (331). CVWD originally allocated a total of $478,000 in their FY 2023/2024 budget towards its portion of the Project. (Note: CVWD has provisions to pay additional costs if the original cost estimate is exceeded).

The street improvements portion of the Via De Anza Street Improvement Project – Phase III is a CIP Project and will be funded from CDBG Public Improvement Funds (251) as approved in the FY 2023-24 Annual Action Plan.

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:

Exhibit: Via De Anza Street Improvements - Project Location Exhibit: CVWD Water Main Location
Reimbursement Agreement with CVWD
CVWD Staff Report - Reimbursement Agreement

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Imagery ©2021 Maxar Technologies, USDA Farm Service Agency, Map data ©2021 100 ft Exhibit: Via De Anza Street Improvements - Project Location

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Attachment: Exhibit: Via De Anza Street Improvements - Project Location (4103 : Via De Anza Street Exhibit - CVWD Water Main Location

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Attachment: Exhibit: CVWD Water Main Location (4103 : Via De Anza Street Improvements Project - Phase III Reimbursement Agreement with

February 13, 2024
Charlie McClendon
City Manager
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234-7031
Dear Mr. McClendon:

Subject: Reimbursement Agreement for Via De Anza Road Water Main Replacement - Phase 3 The City of Cathedral City (City) intends to proceed with the construction of a project commonly referred to as the "Via De Anza Street Improvements - Phase III, Project CIP No. 8841" (Project) along the east side of Via De Anza Street between Olancha Road and Ortega Road and on Arrowhead Road from Via De Anza Street to the east end of the Cul-de-Sac of Arrowhead Road in the City. Coachella Valley Water District (CVWD) has certain facilities located in Via De Anza Street and Arrowhead Road which will be affected by the Project, including 860-feet of 6-inch diameter Cement Mortar Lining/Cement Mortar Coating (CML/CMC) water main, two fire hydrants, nineteen water services, and fourteen water gate valves (CVWD Facilities).

The Project will require existing CVWD Facilities to be abandoned, relocated and new facilities installed (Relocation Work) so the City may reconstruct, or cause to be reconstructed, the existing asphalt street since the proposed street improvements directly impact CVWD's existing facilities. (1) The new CVWD Facilities include:
• Approximately 870 feet of new 8-inch diameter ductile iron pipe zinc coated, two new 6-inch fire hydrants, nineteen new domestic water services, three tie-in connections, and necessary associated appurtenances between Olancha Road and Ortega Road on Via De Anza Street and on Arrowhead Road from Via De Anza Street to the east end of the Cul-de-Sac of Arrowhead Road. (2) The abandoned CVWD Facilities include:
• Approximately 860 feet of existing 6-inch diameter CML/CMC water main, two 6- inch fire hydrants, and six water gate valves.
(3) The adjusting of CVWD Facilities to finished grade include:
• Fourteen water gate valves
The City shall construct and install, or cause to be constructed and installed, the Project which shall include the Relocation Work and shall also include the construction and installation of new asphalt, curb, gutter, and sidewalk in the streets.

6.D.c
Packet Pg. 167
Attachment: Reimbursement Agreement with CVWD (4103 : Via De Anza Street Improvements Project - Phase III Reimbursement Agreement

Charlie McClendon
City of Cathedral City
February 13, 2024