RECOMMENDATION:
For the City Council to consider the names submitted by the Parks and Community Events Commission (PACE) for the upcoming Dream Homes neighborhood Park project, select and approve a name for the new park.
BACKGROUND:
The Dream Homes neighborhood park has commenced construction. A groundbreaking ceremony was held on April 3, 2024. Prior to this date separate contracts were awarded to construct the park project’s west block wall and for the park’s construction. Various park equipment and ancillary accoutrements have been approved by the City Council starting last August through December 2023. All these efforts lead to a scheduled park completion date in March of 2025.
Now the City has another big task to consider, and this is adopting a permanent name for this upcoming new city park. Please be reminded that the “Dream Homes” name was a placeholder for the park and its respective grant application paperwork process.
Initiating the park naming effort internally was an effort undertaken by the Parks and Community Events Commission (PACE). PACE started the process by appointing two PACE members to the task driven PACE Dream Homes Park Naming Subcommittee. This took place at its October 3, 2023, meeting. The appointed members of this subcommittee are PACE Commissioners Mario Jimenez and Angel Herrera.
The task for the subcommittee was to provide ample opportunities for the residents of the Dream Homes neighborhood to be able to provide input in this process. The subcommittee members went throughout the neighborhood and polled residents that were open to making a recommendation. The subcommittee received responses from 58 residents.
The subcommittee was faced with many gated yards and doorbells not answered so the city staff PACE liaisons, sent out a mailer titled “Help us name the City’s newest park!” to all the households within the Dream Homes neighborhood to support the efforts of the subcommittee’s face to face polling efforts. The mailer provided residents the option to place a name on the mailer and either drop off at City Hall or the Cathedral City Library or send online to the City’s Discover Cathedral City website. The mailer was in both English and Spanish (attached). The city received 29 responses.
Lastly, to ensure that the next generation of Dream Homes residents had a chance to have input on the name of the park, city staff PACE liaisons asked Agua Caliente Elementary School Principal Eric Antuna to participate with the subcommittee’s task and ask the children of the school and area to provide a name. The naming of the park was presented as a project for teachers to assign to their students. The project was to draw a picture of what the student would like to do at the new park and provide a name for it. Thank you to the Agua Caliente’s Principal and teachers as the city received 400 responses from the students.
DISCUSSION:
The results of the efforts outlined in the background above via the three (3) different solicitation methods as follows:
1. The subcommittee results from actively going door to door in the Dream Homes neighborhood to solicit a park name from residents are as follows:
a. 58 residents responded with a name recommendation.
i. 58 for the name “Esperanza Park.”
2. The mailer results to all the residents within the Dream Homes neighborhood are as follows:
a. 29 recommendations were received.
i. 14 for the name “Agua Caliente Park.”
ii. 2 for the name “Dream Homes Park.”
iii. 2 for the name “Esperanza Park.”
iv. 1 vote each for:
1. “Keep Dreaming”
2. “Healing Park”
3. “Hope Park”
4. “Serenity Park”
5. “Desert Oasis”
6. “River Road”
7. “Pathway Park”
8. “Quail Park”
9. “Dream On”
10.“Cathedral City Park”
11.“Finally Dreaming”
3. The student assignment requesting a name had a significant number of creative responses and staff is listing those below:
a. 400 recommendations were submitted back to the city. i. 42 for “Cathedral City Park.”
ii. 23 for “Agua Caliente Park.”
iii. 20 for “Dream Homes Park.”
iv. 10 for “Dreamer Park.”
v. Examples of other names were:
1. “Cathedral City Family Park”
2. “Cathedral Park”
3. “Funest Cathedral City Park”
4. “The Fun Park”
5. “Cathedral City Spring Park”
6. “Cat City Park”
7. “Cathedral City Community Park”
8. “Cathedral New Park”
9. “Cathedral City Fun Park”
10. “Cathedral City Party Park”
11. “The Best Cathedral City Park”
12. “Dream Homes Park”
13. “Dream World Park”
14. “Dream Day Park”
15. “Kids Park”
16. “Family Park”
17. “Rainbow Park”
18. “Imagination Park”
19. “The Cool Park”
20. “Kids, Cats, Dogs and Turtles Park”
21. Many others as well!
PACE considered these names at its May 7, 2024, meeting. After discussion and consideration, PACE opted to provide the City Council with three names ranked in preference with No. 1 being the highest preference as follows:
1. “Esperanza Park”
2. “Cathedral City Community Park”
3. “Pathway Park”
Note: The PACE considered the “Kids, Cats, Dogs and Turtles Park” as the most creative name submittal by a student at the Agua Caliente Elementary School.
With the above information as support for the City Council in its effort to provide a name for the city’s newest park, staff is requesting that the City Council discuss, consider, and finalize the name for the new Dream Homes neighborhood park currently under construction.
FISCAL IMPACT:
DESCRIPTION GENERAL
LEDGER
ACCOUNT
CODES
PROJECT
CODE
AMOUNT ONE TIME or
ONGOING
2023-2024
Dream Homes
neighborhood
park naming
00.00 2023-2024 Total $00.00
FIVE-YEAR STRATEGIC PLAN:
GOAL B: COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and
maintained.
Action B-14: By the end of 2023 complete the design phase and begin construction on the Dream Homes Park
ATTACHMENTS:
1. Folded Postcard Dream Homes Park Naming Rev (003)
2. Flyer New Park Elementary School_1
Engineering Department
68-700 Ave. Lalo Guerrero
Cathedral City, CA 92234
•
DiscoverCathedralCity.com
PRESORTED
STD MAIL
U.S. POSTAGE
PAID
PALM DESERT, CA
PERMIT #1 49
ATTENTIONATTENTION
Dream Home
Residents!
Atención
residentes de
Dream Homes
Help Name
the New Park!
¡Ayúdenos a poner
nombre al nuevo
parque!
Help us name the City’s newest park! ¡Ayúdenos a poner nombre al nuevo parque de la ciudad!
Cathedral City will have a new community park in the vacant parcel northeast of San Diego Drive, between Mia Place and Chia Place in the Dream Homes Neighborhood. Amenities will include children’s play equipment, shaded picnic and barbeque areas, a shaded outdoor fitness area, soccer fields, basketball courts, both a Large and Small Dog Park and much more!
The Mayor and City Council have asked the Parks & Community Events Commission to help coordinate the naming of the new community park.
Cathedral City is a vibrant city that enjoys a high quality of life through great parks and recreational opportunities. These services are foundational to our community’s physical, social, economic, and environmental viability.
Please fill in the name you think would be perfect for the new community park and place it in the Park Naming Box located at either:
City Hall | 68700 Ave Lalo Guerrero, Cathedral City, CA 92234 Cathedral City Library | 33520 Date Palm Dr, Cathedral City, CA 92234.
You may also submit your suggestion online at www.DiscoverCathedralCity.com. deadline for entries: Friday, February 16, 2024.
For additional information regarding the Naming of the Park please contact:
David Razo, Public Works Department
[email protected] | 760-202-2478.
Cathedral City tendrá un nuevo parque comunitario en la parcela vacante al noreste de San Diego Drive, entre Mia Place y Chia Place en la comunidad de Dream Homes. Las instalaciones incluirán juegos infantiles, zonas de picnic y barbacoa a la sombra, un gimnasio al aire libre con sombra, campos de fútbol, canchas de baloncesto, un parque para perros grandes y pequeños y mucho más.
El Alcalde y el Ayuntamiento han pedido a la Comisión de Parques y Eventos Comunitarios que ayude a coordinar el nombramiento del nuevo parque comunitario. Cathedral City es una ciudad vibrante que disfruta de una alta calidad de vida a través de grandes parques y oportunidades recreativas.
Estos servicios son fundamentales para la viabilidad física, social, económica y medioambiental de nuestra comunidad.
Por favor, escriba el nombre que cree que sería perfecto para el nuevo parque de la comunidad y colóquelo en la Caja de Nombres de Parque situado en cualquiera de los dos:
Ayuntamiento | 68700 Ave Lalo Guerrero, Cathedral City, CA 92234 Biblioteca de Cathedral City | 33520 Date Palm Dr, Cathedral City, CA 92234.
También puede enviar su sugerencia en línea en www.DiscoverCathedralCity.com. fecha límite: febrero, 16 de enero de 2024.
Para obtener más información sobre el nombramiento del parque, pónganse en contacto con:
David Razo, Public Works Department
[email protected] | 760-202-2478.
PARK NAME RECOMMENDATION
Engineering Department
68-700 Ave. Lalo Guerrero
Cathedral City, CA 92234
•
DiscoverCathedralCity.com
PRESORTED
STD MAIL
U.S. POSTAGE
PAID
PALM DESERT, CA
PERMIT #1 49
ATTENTIONATTENTION
Dream Home
Residents!
Atención
residentes de
Dream Homes
Help Name
the New Park!
¡Ayúdenos a poner
nombre al nuevo
parque!
Help us name the City’s newest park! ¡Ayúdenos a poner nombre al nuevo parque de la ciudad!
Cathedral City will have a new community park in the vacant parcel northeast of San Diego Drive, between Mia Place and Chia Place in the Dream Homes Neighborhood. Amenities will include children’s play equipment, shaded picnic and barbeque areas, a shaded outdoor fitness area, soccer fields, basketball courts, both a Large and Small Dog Park and much more!
The Mayor and City Council have asked the Parks & Community Events Commission to help coordinate the naming of the new community park.
Cathedral City is a vibrant city that enjoys a high quality of life through great parks and recreational opportunities. These services are foundational to our community’s physical, social, economic, and environmental viability.
Please fill in the name you think would be perfect for the new community park and place it in the Park Naming Box located at either:
City Hall | 68700 Ave Lalo Guerrero, Cathedral City, CA 92234 Cathedral City Library | 33520 Date Palm Dr, Cathedral City, CA 92234.
You may also submit your suggestion online at www.DiscoverCathedralCity.com. deadline for entries: Friday, February 16, 2024.
For additional information regarding the Naming of the Park please contact:
David Razo, Public Works Department
[email protected] | 760-202-2478.
Cathedral City tendrá un nuevo parque comunitario en la parcela vacante al noreste de San Diego Drive, entre Mia Place y Chia Place en la comunidad de Dream Homes. Las instalaciones incluirán juegos infantiles, zonas de picnic y barbacoa a la sombra, un gimnasio al aire libre con sombra, campos de fútbol, canchas de baloncesto, un parque para perros grandes y pequeños y mucho más.
El Alcalde y el Ayuntamiento han pedido a la Comisión de Parques y Eventos Comunitarios que ayude a coordinar el nombramiento del nuevo parque comunitario. Cathedral City es una ciudad vibrante que disfruta de una alta calidad de vida a través de grandes parques y oportunidades recreativas.
Estos servicios son fundamentales para la viabilidad física, social, económica y medioambiental de nuestra comunidad.
Por favor, escriba el nombre que cree que sería perfecto para el nuevo parque de la comunidad y colóquelo en la Caja de Nombres de Parque situado en cualquiera de los dos:
Ayuntamiento | 68700 Ave Lalo Guerrero, Cathedral City, CA 92234 Biblioteca de Cathedral City | 33520 Date Palm Dr, Cathedral City, CA 92234.
También puede enviar su sugerencia en línea en www.DiscoverCathedralCity.com. fecha límite: febrero, 16 de enero de 2024.
Para obtener más información sobre el nombramiento del parque, pónganse en contacto con:
David Razo, Public Works Department
[email protected] | 760-202-2478.
PARK NAME RECOMMENDATION
Staff Report
City Council
Item No. 5.B
Meeting Date: May 22, 2024
From: Ryan Hunt, Communications & Events Manager
Title: SoundSkilz Taste of Jalisco Contract Renewal
RECOMMENDATION:
To approve a one-year contract extension with SoundSkilz, Inc., to produce the 2025 Taste of Jalisco Festival.
BACKGROUND:
For the past six years, the City has contracted with third parties to produce and manage our signature events under the direction of the Communications & Events Manager. Reasons behind this decision are due to the growth of the events over time, their continued growth is too large for one person to manage, and it allows the Communication & Events Manager to more evenly divide the duties of running the special events with the need to relay city information to the media and our residents.
SoundSkilz, Inc. was the producer of Taste of Jalisco Festival from 2022-2024. Soundskilz has more than 20 years of experience running large and small, indoor and outdoor events.
They currently produce and/or manage the San Bernardino County Fair, Boots in the Park concerts, WellHaus (cannabis festival), City of Huntington Beach 4th of July Festival, and produced over 1,000 talent-driven global events in music, film, sports, culinary, fashion, art, eSports/gaming, and much more. They have produced concerts for U2, John Legend, Black Eyed Peas, Lenny Kravitz, Rush, and One Republic. Additionally, they have produced the Cuervo Nation Festival founded by Jose Cuervo Tequila – a 5-day multi-island festival in the British Virgin Islands. Stephen Clayton, president of Soundskilz, has been an Event Educator at University of California Riverside.
DISCUSSION:
SoundSkilz produced the 2024 Taste of Jalisco Festival at a much higher production level than any other time before. Their talented team features several staff members who come in and take over a blank space and transform it into a wonderful oasis to be enjoyed by all. The largest carnival footprint in the event’s history was a particular standout for residents and visitors to experience in 2024.
First, Soundskilz is proposing to keep the same weekend for the 2025 Taste of Jalisco Festival, which would run from Jan. 31 – Feb. 2, 2025. The 2024 Taste of Jalisco Festival had a crowd estimated at 10,000+ attendees (despite wet weather and cooler temperatures). Visitors enjoyed the biggest carnival in the event’s history, Lucha Libre wrestling in the Community Amphitheater, Mexican-inspired food vendors, merchandise vendors, a low-rider car show, and much more. The event received extensive local media coverage both on television and radio and featured Agua Caliente Casinos as the presenting sponsor.
As consideration for SoundSkilz performance of this one-year agreement to the City’s reasonable satisfaction, and subject to any limitations set forth in this agreement, the City of Cathedral City would agree to pay SoundSkilz an amount not to exceed $82,687.00 to produce the 2025 Event.
FISCAL IMPACT:
The fiscal impact for the Taste of Jalisco Festival is simply a 5% increase year over year to offset rising production costs. This has been planned for and is included in the biennial budget.
FIVE-YEAR STRATEGIC PLAN:
Action F-6: Promote additional community events and celebrations.
ATTACHMENTS:
1. Taste of Jalisco Contract 2025
Staff Report
City Council
Item No. 5.C
Meeting Date: May 22, 2024
From: George Crum, Police Chief
Title: Two-Year Contract with FLOCK Safety for Four ALPR Cameras RECOMMENDATION:
To approve the two-year contract with FLOCK Safety for four ALPR cameras.
BACKGROUND:
In 2018, the Police Department began a demo period with FLOCK Safety for two ALPR (Automated License Plate Reader) cameras. At that time, the department was the first in the Coachella Valley and only one of a few cities in California to utilize FLOCK cameras.
After a demonstration period, the department began acquiring more ALPR cameras. The program has evolved to 21 cameras currently in operation. These ALPR cameras are a tool the department uses to assist with criminal investigations. The FLOCK ALPRs have provided investigators with leads that would not have otherwise been available if not for the department’s operation of the cameras. Currently, most Coachella Valley cities have FLOCK cameras installed.
DISCUSSION:
In March 2024, Councilmember Gutierrez requested a quote for four additional FLOCK Safety cameras. The Police department received a quote from FLOCK Safety, that requires the signing of a two-year contract. The total two-year contract cost is $25,600. The first- year cost is $13,600, which includes installation and implementation costs. The second- year cost is $12,000.
The 21 FLOCK cameras currently in use, were recently extended to a five-year contract with an annual fee of $2,500 per camera with Council approval. These four additional cameras are priced at $3,000 per camera, per year. The previous five-year contact received legacy pricing, which is not available for these additional cameras.
These four additional cameras would bring the total to 25 FLOCK Safety cameras.
FISCAL IMPACT:
The fiscal impact is $25,600 for the two-year contract. Depending on approval there are two options available.
OPTION 1:
If approved for immediate purchase, Councilmember Gutierrez has agreed to utilize his discretionary funds for the first year, which would be 2023/2024 fiscal year funds covering $13,600.
The second year would require a Police Department budget amendment in the amount of $12,000 for Fiscal year 2024/2025, since this amount was not previously budgeted.
OPTION 2:
If approved for purchase with July 1, 2024, implementation date, Councilmember Gutierrez has agreed to utilize discretionary funds for the first year, which would be 2024/2025 fiscal year funds covering $13,600.
The second year of $12,000 could be budgeted into the 2025/2026 fiscal year during the budget building process.
FIVE-YEAR STRATEGIC PLAN:
Goal E: Safety – Objective: Cathedral City is safe for all who live, work, visit, and play in our community.
Action E-3: Expand the use of cameras and other technology to promote public safety.
ATTACHMENTS:
1. FLOCK Safety Proposal Phase 11
2. Two-Year FLOCK Safety Contract
Flock Safety + CA - Cathedral City PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Larry Barsocchini
[email protected]
408.317.8617
ORDER FORM
This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.
This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”)
Customer: CA - Cathedral City PD Initial Term: 24 Months Legal Entity Name: CA - Cathedral City PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 68700 Ave Lalo Guerrero Cathedral City,
California 92234
Billing Frequency: Annual Plan - First Year Invoiced at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $12,000.00
Flock Safety LPR Products
Flock Safety Falcon ® Included 4 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 2 $1,300.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 2 $300.00
Subtotal Year 1: $13,600.00
Annual Recurring Subtotal: $12,000.00
Estimated Tax: $0.00
Contract Total: $25,600.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $13,600.00
Annual Recurring after Year 1 $12,000.00
Contract Total $25,600.00
*Tax not included
Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
FlockOS Features Description
By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement.
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - Cathedral City PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”). This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A.
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”);
WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services;
WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.
1.1 “Agreement” means the order form (to be provided as Exhibit A, “Order Form”), these terms and conditions, and any document therein incorporated by reference in section 11.4.
1.2 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
1.3 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.
1.4 “Customer Data” means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.5. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.6 “Effective Date” means the date this Agreement is mutually executed (valid and enforceable) by both Parties.
1.7 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
1.8 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.
1.9 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.10 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.11 “Footage” means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.
1.13 “Permitted Purpose” means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.
1.14 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.
1.15 “Term” means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational.
1.16 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users.
Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”).
Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured.
Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).
Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.
In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement.
Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days’ notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.
6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL
KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS
THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,
EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE
ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT
ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION
11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING
LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.
10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this Agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer’s name and disclose the nature of the Services in business and development and marketing efforts.
Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Party’s name as an endorsement of product/service.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.
Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.
11.15 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:
ADDRESS:
ATTN:
EMAIL:
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
Staff Report
City Council
Item No. 5.D
Meeting Date: May 22, 2024
From: George Crum, Chief of Police
Title: Wellness Solutions Program Contract
RECOMMENDATION:
Authorize the Chief of Police to execute the Wellness Solutions Program contract between Cathedral City Police Department and WorkCare, Inc. for the wellness program in an amount not to exceed $30,000.00.
BACKGROUND:
Recognizing the need for officer wellness and mental health of California peace officers employed by county and city law enforcement agencies (under PC 830.1) the California State Assembly authorized disbursement of funds to eligible agencies for the purpose of improving officer wellness and expanding mental health sources. The funds are intended to establish peer support units, expand services provided by licensed mental health professionals or other counselors that work specifically with law enforcement, along with other programs or services that have a successful track record of enhancing officer wellness. On March 22, 2023, the City Council approved acceptance of the California Board of State and Community Corrections “Officer Wellness and Mental Health” grant in the amount of $34,402.05
DISCUSSION:
The Officer Wellness and Mental Health grant is a result of Assembly Bill178, (Chapter 45, Statutes of 2022, Item 5227-121-0001) and available to all city and county law enforcement agencies employing officers described under section 830.1 of the California Penal Code.
The grant funding opportunity, started on July 1, 2022, and ends on December 1, 2025.
The purpose of the grant is to assist agencies in improving officer wellness in the following areas:
•Establishing or expanding existing officer wellness units •Establishing or expanding peer support units
•Expanding services provided by licensed mental health professionals, counselors, or other professionals that work with law enforcement.
•Expanding multiagency mutual aid programs focused on officer wellness and mental health.
•Initiate other programs or services that are evidence based or have a successful track record of enhancing officer wellness.
The grant will conclude with a detailed expenditure report on how the grant funds were utilized and a detailed impact report on the services provided or program(s) implemented with the grant funding.
The Department researched several programs through our existing peer support group and is recommending entering into a one-year services agreement to establish a wellness program through WorkCare Inc. in an amount not to exceed $30,000.00.
Each year, over 2.5 million deaths occur in the United States. The ten leading causes of death are responsible for 75% of annual deaths and are attributed to chronic conditions that are costly and preventable. The top health care issues facing most companies include diabetes, obesity, heart disease, and cancer. First responders face increased risks due to occupational physical demands, high stress, unpredictable schedules/shift work and sleep challenges. The wellness program being proposed for approval targets the risk factors associated with first responders.
The WorkCare, Inc. wellness program will be a quarterly onsite wellness program and will include the following features:
1. Wellness Program Maintenance Fee $12,000.00
2. HIPAA Compliant Wellness App $ 1,920.00
3. Phlebotomist/Staffing Fees $ 3,000.00
4. Bloodwork/Consultation (52 Sworn) $ 2,660.00-$3,040.00.
5. Bloodwork/Consultation (28 Civilians) $ 900.00
6. Injury Prevention Movement Screening $ 3,000.00
7. Resiliency Training $ 6,000.00 FISCAL IMPACT:
There is no financial impact on the General Fund. The WorkCare, Inc. Wellness Solutions program will be paid for from the BSCC Officer Wellness and Mental Health Grant (Fund 247), which was approved by the City Council on March 22, 2023.
FIVE-YEAR STRATEGIC PLAN:
N/A
ATTACHMENTS:
1. BSCC Grant Information/Agreement
2. City of Cathedral City Master Services Agreement with WorkCare Inc.
3.Cathedral City Wellness Proposal
Staff Report
City Council
Item No. 5.E
Meeting Date: May 22, 2024
From: Kevin Biersack, Financial Services Director
Title: AB1600 Development Impact Fee Fund Transfers and Restructuring RECOMMENDATION:
To approve the restructuring of Assembly Bill (AB) 1600 Development Impact Fee (DIF) Funds for FY 2023/2024.
BACKGROUND:
Development Impact Fees are one-time fees charged to new development. These fees are intended to pay for backbone infrastructure and capital facilities required to serve the new developments and new residents. They must be accounted for, set aside, and saved until the municipality has the required funding to build the needed facilities. This study analyzed the following fees to provide: (i) Parks, (ii) Transportation, (iii) General Government Facilities, (iv) Fire Facilities, and (v) Police Facilities. Municipalities are prohibited from using these fees to fund ongoing operations, maintenance, and/or make up for existing service deficiencies.
City staff issued a DIF Request For Proposal (RFP). After receiving and reviewing multiple qualified responses, the City selected the Clearsource Financial/Harris & Associates team (Harris). Work on updating the AB1600 DIF schedule began in 2022.
During the June 28, 2023, Study Session, Council reviewed the first draft of the AB1600 Fee Justification Nexus Study. Harris provided a detailed overview of the Nexus Study, contrasting allowable new development impact fees with current fees and comparing proposed development impact fees with fees charged by surrounding jurisdictions. The Nexus Study was sent to the Desert Valley Builder’s Association (DVBA) Building Industry Association, Southern California Edison, and Southern California Gas. The DVBA provided two comment letters and the Nexus Study was modified to address their concerns.
During the August 9, 2023, Study Session, City Council directed staff to, after analyzing and addressing stakeholder concerns, prepare the Nexus Study for Council adoption.
As a result, of the September 27, 2023, Council meeting, City staff implemented the recommended fees on all qualified new development beginning January 1, 2024.
DISCUSSION:
Restructuring Fund Balance
City staff completed the reclassification of the 11 Development Impact Fees. Based on the Fee Study, these fees were then consolidated into five (5) funds. This restructuring consisted of reassigning each DIF a fund balance as of FY 2022/2023 year end, consistent with the AB 1600 FY 2022/2023 reporting to City Council.
Current Fiscal Year Recognized Fees
To demonstrate the impact of the fees collected with the DIF Study implementation January 1, 2024, the table below illustrates the current fiscal year revenues with 32 permits under the old rates, and 7 permits with the new rates from January 1, 2024 forward.
Future Project Commitments
Projects are identified in the annual AB1600 report provided to the City Council. Over the years, city projects have been committed using some (or all) AB1600 funding. These
projects have various commitment dates, with the earliest being FY 1989/1990. City staff plans to review this list with Council in the fall to validate existing commitments and determine future Council direction.
Other Impact Fees
As a result of the reclassification of DIF fee costs, five (5) other (non-AB1600) fees required fund reclassification. This action was necessary because these funds were previously recorded as projects in the same special revenue fund, Fund 235, with the AB1600 fees listed above. These new non-AB1600 funds are listed below:
Art in Public Places is no longer classified as a development impact fee. At Council direction, maintenance and/or repair costs are being expensed to the General Fund.
Below are the FY 2023/2024 DIF Fund adopted budget and current expenditures reassigned to the General Fund department and division related to Art in Public Places.
FISCAL IMPACT:
No Fiscal Impact.
FIVE-YEAR STRATEGIC PLAN:
The restructuring of the updated DIF studies supports the following strategic plan goals:
GOAL B: COMMUNITY INVESTMENT Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.
GOAL C: FISCAL STABILITY AND SUSTAINABILITY Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high-quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.
Action C-9 Complete and adopt the Development Impact Fee Study
ATTACHMENTS:
1. 2023.09.15 Final Cathedral City Nexus Study
2. Current DIF Impact Fee Project List – As of 12/31/2023
AB1600 Fee Justification Nexus Study
City of Cathedral City
Final - September 2023
Prepared For:
Prepared By:
101 Progress #250
Irvine, CA 92618
(949) 655-3900
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Table of Contents
Section 1 Executive Summary ............................................................................................... 1 Introduction .............................................................................................................. 1 Nexus Study ............................................................................................................. 2 Administrative Fee.................................................................................................... 5 Fee Adjustment Procedures ..................................................................................... 6 Timing of Fee Payment ............................................................................................ 6 Section 2 Legal Context and Methodology ........................................................................... 7 Nexus Requirement Summary ................................................................................. 7 AB602 ...................................................................................................................... 7 Methodology ............................................................................................................. 9 Section 3 Population and Land Use Assumptions ............................................................ 11 Land Use Types ..................................................................................................... 11 Growth Forecasts ................................................................................................... 11 Average Unit Sizes ................................................................................................. 13 Section 4 Park Facilities Fee ................................................................................................ 15 Background ............................................................................................................ 15 Parkland ................................................................................................................. 15 Service Population ................................................................................................. 16 Current Level of Service ......................................................................................... 16 Planned Level of Service........................................................................................ 17 Fee Methodology.................................................................................................... 19 Fee Summary ......................................................................................................... 20 Revenue Projections .............................................................................................. 20 Nexus Requirement Summary ............................................................................... 21 Section 5 Transportation Fee ............................................................................................... 23 Background ............................................................................................................ 23 Service Population ................................................................................................. 25 Cost Summary ....................................................................................................... 25 Fee Methodology.................................................................................................... 26 Fee Summary ......................................................................................................... 27 Reduced Traffic Fee ............................................................................................... 28 Revenue Projections .............................................................................................. 29 Nexus Requirement Summary ............................................................................... 29 Section 6 General Government Facilities Fee .................................................................... 31 Background ............................................................................................................ 31
AB1600 Fee Justification Nexus Study ii September 2 023 City of Cathedral City
Current Level of Service ......................................................................................... 31 Planned Level of Service........................................................................................ 33 Fee Methodology.................................................................................................... 33 Fee Summary ......................................................................................................... 34 Revenue Projections .............................................................................................. 34 Nexus Requirement Summary ............................................................................... 35 Section 7 Fire Facilities Fee ................................................................................................. 38 Background ............................................................................................................ 38 Current Level of Service ......................................................................................... 38 Planned Level of Service........................................................................................ 40 Fee Methodology.................................................................................................... 40 Fee Summary ......................................................................................................... 40 Revenue Projections .............................................................................................. 41 Nexus Requirement Summary ............................................................................... 42 Section 8 Police Facilities Fee ............................................................................................. 45 Background ............................................................................................................ 45 Current Level of Service ......................................................................................... 45 Planned Level of Service........................................................................................ 47 Fee Methodology.................................................................................................... 47 Fee Summary ......................................................................................................... 48 Revenue Projections .............................................................................................. 48 Nexus Requirement Summary ............................................................................... 49 Section 9 Implementation and Administration ................................................................... 52 Implementation ....................................................................................................... 52 Fee Program Administrative Requirements ........................................................... 52 Fee Adjustment Procedures ................................................................................... 53 Timing of Fee Payment .......................................................................................... 53 Credits and Reimbursement Policies ..................................................................... 53 Administrative Fee.................................................................................................. 54 Programming Revenues with the CIP .................................................................... 54 Fee Reporting ........................................................................................................ 54 Accessory Dwelling Units ....................................................................................... 55 Specialized Development Projects ......................................................................... 55 Rebuild or Expansion Projects ............................................................................... 55
AB1600 Fee Justification Nexus Study iii September 2023 City of Cathedral City
Appendix A Capital Improvement Program………………………………………………………..57 Appendix B Transportation Cost Details…………………………………………………………..59
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Tables
Table 1-1: City of Cathedral City List of Development Impact Fees ............................................. 4 Table 1-2: Summary of Proposed Development Impact Fees ...................................................... 5 Table 3-1: Existing Service Population ....................................................................................... 12 Table 3-2: Estimated Service Population at Buildout .................................................................. 12 Table 3-3: Persons per Household & Employment Density ........................................................ 13 Table 3-4: Residential Land Use Average Unit Size ................................................................... 14 Table 4-1: Park Facility Inventory List ......................................................................................... 16 Table 4-2: Future Park Facility Cost ........................................................................................... 19 Table 4-3: Park Facility Cost per Resident ................................................................................. 20 Table 4-4: Park Facilities Fee Cost Summary ............................................................................ 20 Table 4-5: Park Facilities Fee Estimated Revenue at Buildout ................................................... 21 Table 5-1: Transportation Facilities – Planned Facilities ............................................................ 24 Table 5-2: Future Additional Trips ............................................................................................... 25 Table 5-3: Existing Trips ............................................................................................................. 27 Table 5-4: Citywide Transportation Fee Summary ..................................................................... 28 Table 5-5: Anticipated Citywide Transportation Fee Collection at Buildout ................................ 29 Table 6-1: General Government Facilities Inventory List ............................................................ 32 Table 6-2: General Government Facilities Existing Level of Service .......................................... 33 Table 6-3: General Government Facilities Fee Summary ........................................................... 34 Table 6-4: General Government Fee Estimated Revenue at Buildout ........................................ 35 Table 7-1: Fire Facilities Inventory List ....................................................................................... 39 Table 7-2: Fire Facilities Existing Level of Service ..................................................................... 40 Table 7-3: Fire Facilities Fee Summary ...................................................................................... 41 Table 7-4: Anticipated Fire Facilities Estimated Revenue at Buildout......................................... 42 Table 8-1: Police Facilities Inventory List .................................................................................... 46 Table 8-2: Police Facilities Existing Level of Service .................................................................. 47 Table 8-3: Police Facilities Fee Summary .................................................................................. 48 Table 8-4: Anticipated Police Facilities Estimated Revenue at Buildout ..................................... 49
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Section 1 Executive Summary
Introduction
The City of Cathedral City (City) is a desert resor t city located in Riverside County. The City is tucked between the City of Palm Springs and the Cit y of Indio, in the northwest part of the Coachella Valley between the San Bernardino Mountains to the north, the San Jacinto Mountains to the south, and the San Gorgonio Pass to the west . It is the second most populated city in the Coachella Valley.
The City was incorporated in 1981 after beginning a s a housing development in 1925. The City began a downtown revitalization program in the late 1990s, which was completed by 2005. The program included a new city hall, movie theater com plex, and new and remodeled stores and restaurant space. The City features lush country clubs, diverse shopping districts, and a variety of recurring community events for residents and visitors.
At the time of the 2020 U.S. Census, the city popul ation was 51,493. As of January 1, 2022, the California Department of Finance (DOF) estimates th at the city population is 51,840. As the resident population and non-resident employment in the City increase, there exists a correlating rise in the demand for public infrastructure and se rvices to support the increased demand on the City. California’s Assembly Bill 1600 (AB1600) adop ted in 1987 and codified as California Government Code Section 66000 et. seq., allows the City to impose Development Impact Fees on new development within the City.
Development Impact Fees (DIFs) are a one-time charge on new development that is collected and used by the City to cover the cost of capital facilities, vehicles, and equipment that are required to serve new growth. In July 2021 the City adopted the updated July 1, 2019 Comprehensive General Plan (General Plan or 2040 General Plan) that forms the basis of the City’s current development impact fee program. As stated in the General Plan, most of the City south of US Interstate-10 is already developed and the remaining vacant lands in this area are generally located east of Date Palm Drive and north of Dinah Shore Drive. In recen t years, the City’s limits have expanded to include lands north of US I-10 and have extended ea st to Bob Hope Drive, where large-scale master planned communities have already been approv ed for development. For purposes of this Nexus Study, the land north of US I-10 is defined a s the North Area of the City. As noted in the General Plan, the City’s Sphere-of-Influence extends eastward on the north side of US I-10 taking in the community of Thousand Palms, continuing eastward beyond Cook Street and including the Classic Club and the surrounding master planned community.
As highlighted in the General Plan, development in the City over the past decades has been focused along the East Palm Canyon Drive (Highway 111) corr idor, and the northern areas of the City on the valley floor. The City is situated across a var iety of geographic and geologic conditions,
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including a mid-valley alluvial plain and limited m ountain foothills, as well as the sandy desert floor. The Santa Rosa Mountains bound the City on t he south and Edom Hill and the Indio Hills bound the City on the north.
The Nexus Study is based on the City limits and the full General Plan Buildout of the City. As stated in the land use chapter of the General Plan, the City's future is tied to the type and amount of new development it can accommodate at General Pl an Buildout. Projecting future Buildout capacity requires consideration of several variable s and is based on assumed densities (dwelling units per acre) and intensity factors that include allowed lot coverage and floor-to-area ratios (FAR), parking requirements, etc. While some of tod ay's developed lands may change in use in the coming years, most of the assumed City buildout is on remaining vacant lands planned for residential and employment-generating uses.
The General Plan includes and encompasses the North City Specific Plan planning area, which provides residential densities of from 25 to 45 dwe lling units per acre within a master-planned, mixed-use development context. These mixed-use desi gnations have also been applied to lands south of US I-10 and provide the City an important tool to further mixed-use, high density residential development elsewhere in the community. For additional information addressing these and other related issues associated with community housing stock, please see the City’s Housing Element.
The goal of the City is to develop a fee program that achieves the objectives laid out in the General Plan and associated master plans, balances fee levels with desired economic growth, and complies with the legal requirements of the Mitigation Fee Act (AB1600/Government Code Section 66000 et seq.) and Assembly Bill 602 (AB602).
Nexus Study
Purpose
As development occurs in the City, new backbone infrastructure and capital facilities are required to mitigate the increased demand created by new residents and workers. Revenues from DIFs fund the construction of new backbone infrastructure and capital facilities as well as the related administrative costs through the City’s fee program . The fee program contains separate fee categories for each type of infrastructure and capi tal facilities. Incorporated in this Nexus Study (Nexus Study, Study or Report) are the following fees:
• Park Facilities
• Transportation
• General Government Facilities
• Fire Facilities
• Police Facilities
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This Report is designed to satisfy the AB1600 Nexus requirements, AB602 requirements, and provide the necessary technical analysis to support the adoption of the updated fees. The fees will be effective 60 days after the City’s final action establishing and authorizing the collection of the fees.
Table 1-1 lists the fees the City currently collects and acc ounts for per the City’s Development Impact Fee Annual Report (“AB1600” Report) for Fisc al Year 2021-2022. The table below also shows which fees are included in the Nexus Study, w hich fees have been combined, and which fees are excluded.
As shown on Table 1-1, this Nexus Study excludes the Master Underground Plan (MUP) fee and the Art in Public Places Fee. The MUP fee was adopted in 1990 and given the significant changes to AB1600 requirements since 1990 and the new AB602 requirements, it is Harris’ recommendation that the MUP fee should be reevaluat ed with an undergrounding study or converted to an in-lieu fee. An in-lieu model is common for undergrounding fees and would require a municipal code update. The Art in Public Places F ee is currently an in-lieu fee for commercial and industrial projects equal to one percent of nin ety percent of the total project valuation. Harris conducted an analysis of different methodologies fo r updating the Art in Public Places Fee, including adding an additional impact fee for art o n residential development. After reviewing the options with City staff, it was determined that the Art in Public Places Fee would remain an in- lieu fee for non-residential development, which is consistent with numerous other jurisdictions for this type of fee.
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Table 1-1: City of Cathedral City List of Development Impact Fees Current Fees Notes from Nexus Study?
Master Underground Plan No change – Undergrounding study recommended or change to In-Lieu Fee
Fire and Police Facilities/Equipment Included in Separate Fire Facilities Fee and Police Facilities Fee
Traffic Signalization Included in Transportation Fee
City Yard Vehicle Storage Included in General Government Facilities Fee
Police Community Center Included in Police Facilities Fee Public Safety Training Site Included in Police Facilities Fee Public Safety Facilities Included in Separate Fire Facilities Fee and Police Facilities Fee
Road and Traffic Facilities Included in Transportation Fee Interchange and Bridges Included in Transportation Fee
Bikeway Facilities Included in Transportation Fee
Trail Facilities Included in Transportation Fee
Park and Recreation Facilities Included in Park Facilities Fee Transit Development No Change – not an AB1600 Fee
Art in Public Places No change – not an AB1600 Fee
Results
Table 1-2 shows a summary of the proposed fees. Pursuant to AB602, residential development fees are now assessed on a per square foot basis and non-residential development fees are assessed on a per 1,000 square foot basis. Park Facilities F ees are not assessed on non-residential development. The Park Facilities Fee is discussed in more detail in Chapter 4.
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Table 1-2: Summary of Proposed Development Impact Fees
Administrative Fee
The City oversees the implementation and administration of the DIF Program, consistent with the requirements of the Mitigation Fee Act. A three percent (3%) Administrative Fee is added to fund the costs of the City’s management and ongoing fee program administration, collection, and reporting, based on an analysis of the cost adminis trative cost necessary to support the DIF Program. This includes costs associated with City s taff and consultant time, studies, and administration to support the program. Furthermore, AB602, adds additional administration and reporting cities are responsible for meeting. Industry standard ranges from three to six percent (3- 6%) of the fee for the administrative component of a development fee program. The administrative functions include, but are not limited to, the following:
• Annual fee adjustments
• Annual fee reporting
• Additional fee reporting every five years
• Posting of nexus studies and fee schedules on the City’s website • Nexus study updates every eight years (an AB602 requirement) • Master Plans necessary to support the Nexus study updates • Staff and consultant time related to fee preparation, collection, tracking, and administration
• Staff and consultant time needed to track credits and reimbursements for improvements constructed in the fee program
Land Use 1 Parks Transportation
General
Government
Facilities Fire Police
Residential
Single Family $3.30 $0.63 $1.23 $0.68 $0.47
Multi-Family $4.65 $0.60 $1.73 $0.95 $0.66
Non-Residential
Commercial N/A $2,106.62 $579.18 $319.36 $220.05
Office N/A $1,770.12 $1,272.92 $701.88 $483.63
Industrial N/A $268.44 $127.29 $70.18 $48.36
Notes:
1 An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. The administration fee is calculated on a fee by fee basis. Please refer to the individual fee calculation tables for a breakdow n of the administration fee. (Fee per Square Foot)
(Fee per 1,000 Square Feet)
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In addition to the aforementioned administrative activities, the City is responsible for both (i) using fee revenues to plan for and construct required cap ital facilities and (ii) pursue other funding sources, as required, to bridge financial gaps betw een what is collected and the actual cost to construct needed facilities. A flat fee will impair the City’s ability to abide by AB602’s rigorous requirements.
Consistent with the Mitigation Fee Act, the Adminis trative Fee will be collected to fund the cost of the program administrative activities, such as a dministration, collection, and reporting. The costs to administer will vary each year. In additio n to annual program reporting activities and additional fee reporting requirements every five ye ars, AB602 requires the Nexus Study must be updated at least every eight years.
Fee Adjustment Procedures
The DIFs may be adjusted periodically to reflect re vised facility requirements, receipt of funding from alternative sources (i.e., state or federal gr ants), revised facilities or costs, changes in demographics, changes in the average unit square fo otage, or changes in the land use plan. In addition, the fees may be adjusted annually using t he Construction Cost Index (CCI) for the 20- City Average as reported by Engineering News Record (ENR) for a twelve-month period or a similar published index if the CCI Index is no longer available. City staff will calculate the annual adjustment utilizing the CCI Index. The adjusted fe es will be summarized in a resolution to be approved by City Council following the required not icing as outlined by section 66016 of the California Government Code.
Timing of Fee Payment
Fees will be collected at the time the building per mit for the project is issued. All residential projects will pay a fee based on the livable square footage of the residential unit(s). For high- density residential projects (defined in the Genera l Plan as high-density residential development with multi-family dwellings, including apartments and condominiums), the fees will be due at the time of the building permit for each building. For high-density residential projects with communal space, the non-residential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assume d to be captured in the residential fees. Areas that are accessible by the public (i.e., leasing office) will be charged impact fees according to use.
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Section 2 Legal Context and Methodology
Nexus Requirement Summary
AB1600 was enacted by the State of California in 19 87 creating the Mitigation Fee Act - Section 66000 et seq. of the Government Code. The Mitigatio n Fee Act requires that all public agencies satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of approval of a development project:
1. Identify the purpose of the fee.
2. Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified.
3. Determine how there is a reasonable relationship be tween the fees use and the type of development project on which the fee is imposed.
4. Determine how there is a reasonable relationship be tween the need for the public facility and the type of development project on which the fee is imposed.
5. Determine how there is a reasonable relationship be tween the amount of the fee and the cost of the public facility or portion of the p ublic facility attributable to the development on which the fee is imposed.
The purpose of this report is to demonstrate that a ll fee components comply with the Mitigation Fee Act. The assumptions, methodologies, facility standards, costs, and cost allocation factors that were used to establish the nexus between the fees a nd the development on which the fees will be charged are summarized in subsequent sections of this Report.
AB602
AB602, which was enacted by the State of California in 2021, amended Sections 65940.1 and 66019 of, and added Section 66016.5 to the Governme nt Code. AB602 requires that if a local agency conducts and adopts an impact fee nexus study after January 1, 2022, the local agency shall follow all of the following standards and practices:
1. Before the adoption of an associated development fee, an impact fee nexus study shall be adopted.
2. When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.
3. A nexus study shall include information that suppor ts the local agency’s actions, as required by subdivision (a) of Section 66001 of the Government Code.
4. If a nexus study supports the increase of an existi ng fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee.
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5. A nexus study adopted after July 1, 2022, shall cal culate a fee imposed on a housing development project proportionately to the square f ootage of proposed units of the development. A local agency that imposes a fee prop ortionately to the square footage of the proposed units of the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. A nexus study is not required to c omply with the requirements to calculate a fee imposed on a housing development project proportionally to the square footage of the proposed units if the local agency makes the following findings:
• An explanation as to why square footage is not appropriate metric to calculate fees imposed on housing development project.
• An explanation that an alternative basis of calcula ting the fee bears a reasonable relationship between the fee charged and the burden posed by the development. • That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees.
6. Large jurisdictions shall adopt a capital improvement plan as a part of the nexus study.
7. All studies shall be adopted at a public hearing wi th at least 30 days’ notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.
8. Studies shall be updated at least every eight years , from the period beginning on January 1, 2022.
9. The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pur suant to Section 50466.5 of the Health and Safety Code.
The purpose of this Report is to demonstrate that a ll fee components comply with the Mitigation Fee Act and AB602. An analysis of level of service for each applicable fee component is summarized in subsequent sections of this report.
Capital Improvement Plan
AB602 states that large jurisdictions shall adopt a capital improvement plan (CIP) as part of the nexus study. This report includes the facilities to be adopted as the City’s CIP for the DIF program in Appendix A.
Explanation of Level of Service and Fee Increase
AB602 requires that when applicable, the nexus stud y identifies the existing level of service for each public facility, identifies the proposed new l evel of service, and includes an explanation of why the new level of service is appropriate. This report relies on existing level of service standards developed in consultation with City staff and with reference to the existing capital facilities and
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improvements in the City for all the fee programs documented herein apart from the Park Facilities Fee and Transportation Fee. Utilizing the existing level of service as the fee basis is appropriate for new development to pay their fair share. The transportation fee is a new combined fee program, the calculation presented herein for this fee program provides justification for an entirely new fee based on planned facilities required to serve exist ing and new development. New development will pay their allocated fair share of cost, rather than an increase over an existing amount. For the Park Facilities Fee, the existing level of service is identified and acknowledged that it falls below the City Standard. The City Standard is utilized fo r the Park Facilities Fee as it is an appropriate City Standard set by the General Plan and as the Ci ty has significant growth in the North area of the City, it is appropriate for new development to meet this City Standard. New development is expected to pay the fee that results in meeting the City Standard and will not be used to fund existing deficiencies. Furthermore, Government Code 66001 states, “A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the genera l plan”. The Park Facilities Fee achieves an adopted level of service that is consistent with th e City’s adopted General Plan. This approach, therefore, is consistent with the Mitigation Fee Ac t. AB602 requires that when applicable, the nexus study identifies the existing level of service for each public facility, identifies the proposed new level of service, and includes an explanation o f why the new level of service is appropriate.
This Nexus Study meets that requirement of the expl anation of why the new level of service is appropriate based on the General Plan standard.
Methodology
Imposed fees require various findings to ensure tha t a reasonable relationship exists between the fee amount and the cost of the facility or portion of the facility attributable to the new development.
Several methodologies are available to determine fe e amounts. Choosing the appropriate methodology depends on the type of facility for which the fee is calculated and the availability of documentation to support the fee calculation. Follo wing is a discussion of the methodologies available to calculate the separate fee components in this report.
Facility Standards Method
The facility standards method determines the facili ties and associated costs required to accommodate growth based on adopted City standards. Depending on the fee analysis, the City may or may not currently have sufficient facilities to meet the adopted standard. If the City’s existing facilities are below the standards, then a deficiency exists. In this case, the portion of th e cost of planned facilities associated with correcti ng the deficiency must be satisfied with funding sources other than Development Impact Fees (DIFs). AB1600 fees can only fund facilities needed to accommodate new development at the adopted standard.
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Master Plan Method
The master plan method is based on a master facilities plan in situations where the needed facilities serve both existing and new development. This appro ach allocates existing and planned facilities across existing and new development to determine ne w development’s fair share of the needed facility. This approach is used when it is not possible to differentiate the benefits of new facilities between existing and new development.
Planned Facilities Method
The planned facilities method calculates the standard based solely on the ratio of planned facilities to the increase in demand associated with new devel opment. This method is appropriate when planned facilities are mostly for the benefit of ne w development, such as a wastewater trunk line extension to a previously undeveloped area. This me thod may also be used when there is excess capacity in existing facilities that can accommodate new development.
Existing Inventory Method
The existing inventory method uses a facility stand ard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available.
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Section 3 Population and Land Use Assumptions
Land Use Types
To ensure a reasonable relationship between each fee and the type of development paying the fee, different land use types must be distinguished. The land use categories used in this analysis are defined below.
• Single Family Residential (SFR) : Detached single-family dwelling units. Includes very low density, low density, and age-restricted units. • Multi-Family Residential (MFR): Attached residential projects. • Accessory Dwelling Unit (ADU) : A second unit, attached or detached from a SFR. • Commercial : All commercial, retail, educational, hotel/motel development, and mixed-use development.
• Office : All general, professional, and medical office development. • Industrial : All manufacturing and warehouse development.
Some developments may include more than one land us e type, such as an industrial warehouse with living quarters (a live-work designation) or a planned unit development with both single and multi-family uses. In these cases, the fees will be calculated separately for each land use type.
Growth Forecasts
Growth projections are used as indicators of demand and projected revenue to fund the infrastructure identified in Appendix A. The City’s existing population and Buildout population projections are critical assumptions used throughout the fee sections that follow in this report. The following resources were used as part of this analysis:
• Estimates of total development through Buildout were based on the City’s land use plan from the City’s Comprehensive General Plan, adopted July 28, 2021. • Population projections were based on the land use p rojections and the estimated persons per household taken from the US Census American Community Survey. • Existing population estimates are from the 2021 California Department of Finance. • Existing non-residential worker populations are bas ed on non-residential data for the City of Cathedral City derived from the City’s Comprehensive General Plan, adopted July 28, 2021, and employees per square feet assumption from the USGBC LEED BD+C: New Construction | v4 – Default Occupancy Counts.. • Worker projections are based on estimated buildout square footage and the employees per square feet assumption from the USGBC LEED BD+C: New Construction | v4 – Default Occupancy Counts.
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Table 3-1 identifies the existing service population. Non-residential buildings are typically occupied less than dwelling units, so it is reasona ble to assume that average per-worker demand for services is less than average per-resident dema nd. The 0.37-weighting factor for workers is based upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours).
Table 3-1: Existing Service Population
Table 3-2 shows the estimated service population at Buildout.
Table 3-2: Estimated Service Population at Buildout
Category
Total
Persons
Weighting
Factor 3
Service
Population
Residents 1 51,840 1.00 51,840
Workers 2 11,063 0.37 4,093
Total 62,903 55,933
Notes:
1 2
3 Source:
California Department of Finance E-5 Population and Housing Estimates, City of Cathedral City Comprehensive General Plan (adopted July 28, 2021).
Based on State of California Department of Finance E-5 Population and Housing Estimates for Cities, Counties, and the State, dated January 1st 2021.
Employment data for the City of Cathedral City derived from the adopted General Plan (July 2021).
Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).
Category
Future
Persons
(Buildout)
Total
Persons at
Buildout
Weighting
Factor 3
Future
Buildout
Service
Population
Service
Population
at Buildout
Residents
1 85,130 136,970 1.00 85,130 136,970
Workers 2 73,007 84,070 0.37 27,013 31,106
Total 158,137 221,040 112,143 168,076
Notes:
1 2
3 Based on State of California Department of Finance E-5 Population and Housing Estimates for Cities, Counties, and the State, dated January 1st 2021 combined w ith the buildout development derived from the City of Cathedral City Comprehensive General Plan adopted July 28, 2021.
Employment data for the City of Cathedral City derived from the United States Census Bureau On The Map Application combined w ith the buildout development derived from the City of Cathedral City Comprehensive General Plan adopted July 28, 2021.
Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).
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Occupant Density
Occupant densities ensure a reasonable relationship between the increase in service population and the amount of the fee. Developers pay the fee based on the square footage of additional housing units or building square feet of non-residential de velopment, so the fee schedule must convert service population estimates to these measurements of project size. This conversion is done using the average occupant density factors by land use type shown in Table 3-3. The residential density factors were derived from the US Census American Community Survey while the non-residential densities were derived from the U.S. Green Building Council Default Occupancy Counts.
Table 3-3: Persons per Household & Employment Density
Average Unit Sizes
To meet AB602 requirement five (5), this Report calculated the average unit size for single family residential and multifamily units based on the estimated average size of planned new development within each land use category in the City. The aver age unit size is based on the livable square footage of the residential unit for all residential land uses. This Report derived the unit sizes from the Market Watch Quarterly New Home Report for Coac hella Valley, dated December 2022 and the Desert Housing Report dated October 2022.
Basing the average unit size on livable square footage for all residential units is not only consistent with industry standard for fee calculations, it provides a strong nexus between the impact of the unit and the fee amount. A good example of this industry standard are school fees in California. In California school fees are based on assessable spac e, which means a quantity equal to the area (expressed in square feet) within the perimeter of a residential structure, not including the carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure or similar structure.
As stated previously, to accurately capture the imp act of a residential project on capital facilities for high-density multi-family residential projects with communal spaces, the communal spaces Density Assumptions
Residential 1
Single Family 2.85 Residents per dwelling unit
Multi-Family 2.51 Residents per dwelling unit
Non-Residential
2 Commercial 1.82 Employees per 1,000 square feet
Office 4.00 Employees per 1,000 square feet
Industrial 0.40 Employees per 1,000 square feet
Notes:
1 Extrapolated from American Community Survey 2020 5-Year Estimates: Table B25032 & B25033. 2 USGBC LEED BD+C: New Construction | v4 - Default Occupancy Counts.
Source:
U.S. Census Bureau, American Community Survey and the U.S. Green Building Council.
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(i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Areas that contain employees and are accessible by the public (i.e., leasing office) will be charged i mpact fees according to use. The non-residential area accessible by the public (i.e., leasing office) will be based on the useable size of that area. The usable square footage is the actual area of a space as measured within the demising exterior walls of that space. Including areas that contain employees that are accessible by the public captures the additional impact these new facilities will have on the backbone facilities in the City.
Table 3-4 summarizes the estimated average size of planned n ew development within each residential land use category utilized for this study.
Table 3-4: Residential Land Use Average Unit Size
The City will monitor the average size of housing units in the City based on new developments on an annual basis and if the size of units on average are significantly different than anticipated, the fees will be updated as part of the annual update for the fee adjustment to reflect this change in order to ensure the fee program collects the anticipated level of funding.
Land Use Unit Size (SF)
Single Family 2,000
Multi-Family 1,250
Notes:
1 Unit sizes derived from the Desert Housing Report dated 10/22 and Market Watch Quarterly New Home Report for Coachella Valley, dated December 2022.
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Section 4 Park Facilities Fee
Background
This section presents an analysis of the need for a dditional parks to accommodate new development in the City and the fees that are neces sary in order to ensure that new development provides adequate funding to meet those needs. This Nexus Study updates the methodology of the existing Parks Fee and recommends updated fees.
Residential development in the City will pay the Pa rk Facilities Fee at building permit issuance.
The park cost was estimated based on the existing City adopted standard of three (3) acres of green space per 1,000 residents. The Park Facilities Fee is for park facility development cost only and does not include parkland acquisition costs. Parkla nd acquisition under the Quimby Act requires developers to either dedicate land to satisfy their parkland requirement or pay an in-lieu fee. The in-lieu fee is dependent upon appraised land cost a nd thus, the amount should be agreed upon between the City and the developer when the land dedication is triggered. The City has an existing Quimby in-lieu fee (also known as a Park In-Lieu Fee). As noted in the General Plan, Park In-Lieu Fees stem from the Quimby Act. Quimby provides for the dedication of land for parks, or in certain instances (i.e. a subdivision is small), a fee in-lieu of dedicating land is provided. It is important to note that for the Park In-Lieu Fee, infill projects are exempt, and the fee applies primarily to parkland and land improvements in new neighborhoods . For the Park Facilities Fee, which is a DIF, the fee applies only to new development and is only assessed for new capital costs related to the new development with a defined beneficiary relationship.
Parkland
AB1191, also known as the Quimby Act, was establish ed by the California State Legislature in 1965 and codified as California Government Code Sec tion 66477. The Quimby Act outlines the requirements for imposing fees for park purposes wi th a minimum of three (3) acres and a maximum of five (5) acres of green space per 1,000 residents. The Quimby Act allows the legislative body of a city or county, by ordinance, to require the dedication of land or impose a requirement of the payment of fees in-lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approva l of a tentative tract map or parcel map.
Currently the City imposes a Residential Quimby Par ks Fee based on three (3) acres per 1,000 residents or the payment of an in-lieu fee. The for mula is based on a dwelling unit factor, the parkland dedication requirement (currently three (3) acres per 1,000 residents) and the fair market value per acre (varies per development).
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Service Population
The Park Facilities Fee is not applied to non-resid ential development because workers typically do not use park facilities.
Current Level of Service
Per the City’s Comprehensive General Plan, the City has a total of 73.23 acres of developed parkland. Table 4-1 lists the existing parkland available to current residents. Based on a population of approximately 51,840, there are 1.41 acres of ex isting parkland per 1,000 persons/residents as also shown in Table 4-1. Thus, the current parkland is less than the stand ard of 3 acres per 1,000 people on a citywide level.
Table 4-1: Park Facility Inventory List
Park Facility Acreage 1
Community Parks
Dennis Keat Soccer Park 19.25
Subtotal Community Parks 19.25
Neighborhood Park
Dream Homes Park 7.85
Century Park 7.02
Ocotillo Park 7.04
Panorama Park 12.57
Patriot Park 7.00
Second Street Park 4.41
Subtotal Neighborhood Parks 45.89
Mini Park
Cathedral City Dog Park 1.29
Festival Lawn 2.04
Memorial Park 0.20
Town Square 2.06
Subtotal Mini Parks 5.59
Performance and Event Venue
Community Amphitheater 2.50
Subtotal Performance and Event Venues 2.50
Total Park Acreage 73.23
Existing Service Population 51,840
Total Park Acreage per 1,000 1.41
Notes:
1 Park acreages derived from the City of Cathedral City 2040 General Plan, Adopted 2021.
Source:
City of Cathedral City 2040 General Plan.
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Undeveloped Parkland
As identified in the 2040 General Plan, the City has continued to acquire parkland to further expand park and recreational services. The table below identifies acquired parkland that will be developed by the City as public parks in the future. The City is actively exploring partnerships with such entities as the Desert Health District and others. Such collaboration can extend the value and usefulness of City parks lands now and in the future.
As shown on the table above, the City currently own s approximately 128.3 acres of undeveloped parkland and is committed to developing the parklan d in the future. The City recently developed the Community Amphitheater at the corner of Cathedr al Canyon Drive and Avenida Lalo Guerrero, which is used as a music and theater venu e, and for other cultural, entertainment, and recreational uses. The City also recently completed the Panorama Dog Park with plans to build another dog park within the Downtown area. The City has identified required funding sources. The City has shown on ongoing commitment of finding funding for parks through grants, general fund revenue, and other funding sources. Funding for parks is outlined as an action item in the City’s 5 Year Strategic Plan and discussed in the City’s rec ently adopted 2040 General Plan. The City currently owns enough parkland that, when developed , the City will meet or exceed the General Plan standard of (3) acres per 1,000 residents.
The City has been successful in securing grants for park facilities in the past. The City was awarded $6.4 million in grant funding for the Ocotillo Park ($5 million) and the Amphitheater ($1.4 million) as well as $8.498 million for the Dream Homes Park. The City has demonstrated a successful track record and commitment to pursuing grant funding for parks and will continue to aggressively target and pursue grants for parks. Furthermore, in the C ity’s 5-year CIP the City has planned $1.56 million of General Fund revenue to fund parks. The City will continue to identify funding sources and explore partnerships for joint-use facilities t o develop the City’s undeveloped parkland.
Furthermore, the City has an existing fund balance for the Park and Recreation Facilities Fee of $899,554 as of 06/30/2022 per the City’s AB1600 annual report.
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Planned Level of Service
The City has established a goal for parks at three (3) acres of parkland per 1,000 residents, per the Parks Master Plan and City General Plan. This analy sis is based on the existing City standard of three (3) acres of parkland per 1,000 residents, where new development will contribute and develop three (3) acres of parkland per 1,000 residents. As new development cannot fund existing deficiencies, new development will not be required to bring the City’s existing level of service to this standard Citywide, but new development will be required to meet the standard of three (3) acres of parkland per 1,000 residents with this fee . Applying the General Plan standard to new development is consistent with the Mitigation Fee A ct, as outlined in Government Code Section 66001, “A fee shall not include the costs attributa ble to existing deficiencies in public facilities, but may include the costs attributable to the incre ased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan”.
The City General Plan and the Municipal Code (Secti on 9.106.040) have an adopted level of service of three (3) acres of parkland per 1,000 re sidents. As stated previously, the existing level of service is identified and acknowledged that it falls below the City Standard. In compliance with Government Code Section 66001, the City Standard is utilized for the Park Facilities Fee as it is a City Standard set by the adopted General Plan and as the City has significant growth in the North area of the City, it is appropriate for new develop ment to meet this City Standard for the new residents to utilize parks. New development is expe cted to pay the fee that results in meeting the City Standard and will not be used to fund existing deficiencies. The City will use other funding sources, such as grants and General Fund revenue, to bring up the existing level of service to three (3) acres of parkland per 1,000 residents.
As outlined in the City’s 2040 General Plan, in 200 3, the Parks and Recreation Department was removed from City financial support due to budget c onstraints. The City continues to maintain a five-member citizen-based Parks and Community Events Commission to assess the community’s recreational services and facilities, and to advise the City Council regarding funding, recreational programming, parks facilities and usage, and related issues. Currently, the City does not meet the adopted standard of (3) three acres of parkland per 1,000 residents. The General Plan states that the City will strive to meet the adopted park acrea ge standards, identify appropriate locations for future parks and related open space, evaluate fundi ng options, and continue to develop parks and recreational facilities that best meet the needs of the community. It will continue to develop a complete network of bikeways and pedestrian pathway s. The network should be linked to important activity nodes within the community to de crease the dependence on vehicles and promote physical activity. The General Plan has a goal of a City-wide system of parks, open space and other recreational amenities and programs that at a minimum satisfy Quimby Act standards
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and another goal of a wide offering of facilities and programs supporting and encouraging physical activity, social interaction, and enhanced social c ohesion in the community parks, recreation and open space areas. Furthermore, as outlined in the City’s April 2023 5 Year Strategic Plan, it identifies actions for park funding.
As described in more detail in Chapter 9 of this Ne xus Study, the City may provide fee credits or reimbursements to developers who construct eligible facilities. Given that parkland must be dedicated at (3) acres per 1,000 residents, consistent with Quimby and the City’s municipal code, it would be inconsistent to then have a different s tandard for park facilities and adopting a lower standard for park amenitization could cause issues with fee credits and reimbursements. As demonstrated above, having a Park Facilities Fee ba sed on the General Plan standard meets the requirements of the Mitigation Fee Act, but also ma intains consistency with all adopted park policies and the City’s municipal code.
Fee Methodology
The Park Facilities Fee is based on the Facility St andards Method. This method determines the facilities and associated costs required to accommo date growth based on adopted City standards.
Using this approach for parks, new development funds the expansion of facilities and construction of new facilities at the adopted General Plan stand ard for the City. Table 4-2 calculates the total cost of future park improvements based on the Gener al Plan standard of three (3) acres per 1,000 residents, anticipated service population growth, a nd the cost per acre of park development. Fee revenues may be used to construct park improvements and facilities on land dedicated by developers in accordance with the City’s Quimby Ordinance or though land purchased through the payment of the in-lieu Quimby Fee.
Table 4-2: Future Park Facility Cost
Description Total Unit
Future Park Improvements
City of Cathedral City Park Acre per 1,000 Standard 1 3.00 acres City of Cathedral City Future Service Population 85, 130 residents Total Park Acreage Required to Serve New Development 255.39 acres Cost per Acre for Park Improvements 2 750,000 $ cost/acre Total Future Park Improvement Cost 191,542,500 $ Total Cost Notes:
1 Park Acreage per 1,000 derived from the City of Cathedral City 2040 Plan, adopted in 2021. 2 Cost per Acre of Park Improvements provided by the City of Cathedral City on August 18, 2022.
Source:
City of Cathedral City 2040 General Plan and Cathedral City Parks & Recreation Department.
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Table 4-3 identifies the park cost per capita by taking the future cost of park improvements and dividing by the future service population.
Table 4-3: Park Facility Cost per Resident
Fee Summary
The Park Facilities Fee per unit is calculated by m ultiplying the cost per capita by the average number of residents per unit type (density). The fe e per unit must then be converted to a fee per square foot by taking the total fee per unit and dividing by the estimated average unit size for each land use to arrive at the fee per square foot. The total fee includes a three percent (3%) administrative charge to fund fee program administr ative costs, including but not limited to preparing annual reports, preparing fee updates, an d other administrative tasks related to the fee program administration. These calculations are shown in Table 4-4.
Table 4-4: Park Facilities Fee Cost Summary
Revenue Projections
Table 4-5 summarizes the anticipated Park Facilities Fee rev enue. The revenue will be available to expand the City’s Park facilities to meet the ne eds of new residents. Based on the population estimates in this Nexus Study and using the City Ge neral Plan standard of 3 acres per 1,000 residents, it is anticipated that approximately 255 additional acres of parks facilities are needed to meet the needs of the City at Buildout at a cost of approximately $197 million.
Description Value
Future Facilities
Future Park Improvements 191,542,500 $
Subtotal Park Improvements 1 191,542,500 $
Future Service Population 85,130
Total Existing Level of Service per Capita 2,250 $
Notes:
1 Cost per Acre of Park Improvements provided by the City of Cathedral City on August 18, 2022.
Source:
City of Cathedral City 2040 General Plan.
Land Use
Cost Per
Capita Density
Subtotal Fee
(per unit)
Administration Fee
(per unit)
Total Fee
(per unit)
Average Unit
Size (SF) Fee/SF
Residential
Single Family 2,250 $ 2.85 6,412.50 $ 192.38 $ 6,604.88 $ 2,000 3.30 $ Multi Family 2,250 $ 2.51 5,647.50 $ 169.43 $ 5,816.93 $ 1,250 4.65 $ Notes:
1 An administrative fee of 3.0% is included in the fees shown for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.
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Table 4-5: Park Facilities Fee Estimated Revenue at Buildout
Nexus Requirement Summary
The Park Facilities Fee component of the DIF progra m meets the Mitigation Fee Act Requirements, as described in this section.
Requirement 1: Identify the purpose of the fee.
The purpose of the Park Facilities Fee is to fund the park needs generated by new development in the City. Each new resident creates a demand for ad ditional neighborhood parks, mini parks, and community parks. The City’s adopted standard is to provide 3 acres of parkland for each 1,000 residents. In order to accommodate these needs, new park facilities will be built and/or existing park facilities will be expanded . Table 4-3 calculates the parks cost per capita based on the C ity standard for parks and the estimated construction cost.
Requirement 2: Identify the use of the fee.
The Park Facilities Fee will be used to fund new pa rk development in order to meet the City’s General Plan and Park Master Plan standards discussed in this chapter. The anticipated fee revenue at Buildout is shown on Table 4-5.
Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
The fee will be used to fund new neighborhood, mini and community parks that are necessary to serve the increased residents in the City. New resi dential development generates additional residents which increases the demand for park facilities. The Park Facilities Fee is calculated using the City’s General Plan standard of three (3) acres of park per 1,000 residents. Residential development is responsible for paying its fair shar e to meet the City’s standard. Non-residential uses do not pay the fee since they do not generate additional residents and workers have minimal impact on the City’s park system.
Land Use
Proposed
Fee (SF) 1
Anticipated
Growth
(units)
Anticipated
Growth
(SF)
Anticipated
Fee Collection
at Buildout 2
Residential per SF
Single Family $3.30 8,266 16,531,000 $54,552,300
Multi Family $4.65 24,531 30,663,915 $142,587,204
Total $197,139,504
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.
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Table 4-3 calculates the cost per capita and then allocates the cost to each development type based on the estimated persons per household. Table 4-4 then calculates the cost per square foot for the residential units based on the estimated average unit size . By basing the fee on the size of the unit and the estimated number of new residents that is a nticipated to be generated by the addition of that square footage, the fee is directly correlated to the increased need for new parks.
Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.
Each new residential development is anticipated to generate new residents. The addition of new residents creates the need for new neighborhood, mi ni and community parks to meet the City’s General Plan park standard of three (3) acres per 1 ,000 residents. The fee is directly correlated to the number of new residents expected to be generate d by each type of development. Non- residential development does not pay for parks as non-residential developments do not generate a significant demand for park facilities. Residential development pays its fair share based on the estimated persons the new unit is expected to generate.
Requirement 5: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
As new residential units are constructed, new park facilities are necessary to meet the City’s General Plan standard of 3 acres of park per 1,000 residents. The Park Facilities Fee is calculated by taking the cost per acre of park development tim es three (3) acres of parks per 1,000 future residents to determine the cost per capita, as show n in Table 4-3. The cost per capita is then allocated to each residential land use based on the persons per household each unit is expected to generate, assessed an administrative fee of 3% and divided by the average unit size in square feet to determine the fee per square foot as shown in Table 4-4. Since the need for park land is based on the number of new residents, calculating the fee based on the number of persons each unit is expected to generate and converting to a fee per square feet, ensures that each new residential unit is paying only its fair share of the required facilities.
By determining the fee based on the estimated new r esidents that would be generated by new development, each new residential unit is paying on ly its fair share of the facilities required to meet the City’s General Plan Standard. Non-residential land uses are not assessed a Park Facilities Fee as non-residential development will not generate an increase in park facility demand.
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Section 5 Transportation Fee
Background
This section presents an analysis of the Citywide T ransportation Fee. The proposed Citywide Transportation Fee covers the costs to mitigate the impacts of new development on the City’s traffic facilities. The fees listed below are charged on new development within the City and cover transportation projects that were in part or fully attributable to new development when the projects were created:
• Traffic Signalization
• Road and Traffic Facilities
• Interchange and Bridges
• Bikeway Facilities
• Trail Facilities
The Citywide Transportation Fee proposes to merge t he five fees above into one single fee based on the updated analysis presented in this chapter. The new Citywide Transportation Fee will establish a separate capital facilities fund to avo id any commingling of transportation fees with other revenues and funds. The Mitigation Fee Act re quires that fees are expended solely for the purpose for which the fees were collected. To compl y with the Mitigation Fee Act, the existing funds for the Traffic Signalization, Road and Traffic Facilities, Interchange and Bridges, Bikeway Facilities, and Trail Facilities will be transferred to the new Citywide Transportation Fee fund.
As shown on Table 5-1, the future street improvements and traffic signal facilities were developed by the City of Cathedral City Engineering Departmen t based on facilities necessary to serve new development. Additional information is provided in Appendix B . The future bikeways and multi- modal facilities were derived from the City of Cathedral City Comprehensive General Plan.
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Table 5-1: Transportation Facilities – Planned Facilities
Description Value
Street Improvements / Traffic Signals 1
Street Improvements 75,223,090.90 $
Traffic Signals 15,000,000.00 $
Subtotal Street Improvements / Traffic Signals 90,22 3,090.90 $ Mobility Improvements 2,3
Class I 17,610,912.00 $
Class 2 1,318,680.00 $
Off Road Shared NEV/Bike 313,632.00 $
Subtotal Mobility Facilities 19,243,224.00 $
Trips
Existing Trips 265,832
Future Additional Trips 582,607
Subtotal Trips 848,439
Trip Allocation
Existing Trips 31%
Future Additional Trips 69%
Subtotal Trips 100%
Transportation Improvements Cost Allocation
Existing Development Responsibility 34,297,853.37 $
Future Development Responsibility 75,168,461.53 $
Subtotal Improvement Costs 109,466,314.90 $
Total Transportation Fee per Future Trip 129.02 $
Notes:
1 Future street improvements and traffic signal facilities developed by the City of Cathedral City Engineering Department.
2 Future bikew ays & multi-modal facilities derived from the City of Cathedral City Draft Comprehensive General Plan dated July 1, 2019 and 2040 General Plan, adopted 2021. 3 Cost estimates per mile provided by the City of Cathedral City on August 18, 2022.
Source:
City of Cathedral City Comprehensive General Plan and Cathedral City Active Transportation Plan and City of Cathedral City.
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Service Population
Demand for services and the associated facilities for transportation are based on the additional trips that will be generated by new development through B uildout conditions. The Citywide Transportation Fee utilizes the land use trip generation assumptions presented in Table 5-2 for the various residential and non-residential land uses b ased on the ITE Trip Generation Manual, 11.1 Edition.
Table 5-2: Future Additional Trips
Cost Summary
The Citywide Transportation Fee will fund the expan sion and construction of new transportation facilities necessary to serve new growth. Table 5.1 calculates the fair share between existing and new development for new or expanded future faciliti es based on trips. These transportation facilities will be necessary to meet the demands of the growth of the City at Buildout. The transportation facilities listed in Table 5-1 have total DIF eligible project costs estimated to be approximately $109.5 million, with future developme nt’s responsibility approximately $75.2 million. These improvements listed on Table 5-1 are future improvements that have not yet been triggered nor are they required prior to development occurring. As new development occurs, there are additional trips associated with the new development, which correlates to a need for additional transportation improvements. The Nexus Study acknow ledges that the existing development will benefit from these transportation improvements once they are constructed and therefore existing developments’ fair share of the improvements (based trip generation rates) is allocated to existing development and is not spread to new development.
The City will review the potential funding sources for transportation projects to determine the appropriate funding mechanisms as transportation pr ojects move forward as well as identify Land Use Future Units / Workers ITE Trip Rate 1
Trips
Generated
Residential units
Single Family 8,266 9.43 77,943.67
Multi-Family 2 24,531 5.64 138,355.58
Subtotal Residential 216,299.25
Non-Residential workers
Commercial 20,908 8.71 182,111.28
Office 45,873 3.33 152,755.99
Industrial 6,226 5.05 31,440.38
Subtotal Non-Residential 366,307.66
Total Future Trips 582,606.91
Notes:
1 Institute of Transportation Engineers Common Daily Trip Generation Rates sourced from the ITE Trip Generation Manual, 11th Edition. 2 Multi-Family trip generation based on the average trips for attached 2-4 and attached 4+ units. ITE 11.1 Edition Daily Trip Generation Rate. ITE 11th Edition notes:
All land uses in the retail & services are entitled to a "pass-by" trip reduction of 60% if less than 50,000 SF or a reduction of 40% if equal to or greater than 50,000 SF. This Study assumes a 50% "pass-by" trip reduction.
Source:
Institute of Transportation Engineer's 11th Edition.
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funding sources through the CIP process and identify action plans in updates to the City's Strategic Plan. The $34.3 million will not be funded by new development as existing development will have an impact on these facilities and therefore the City will fund this amount through funding sources such as the General Fund, grants, or other funding sources. It is important for new development to fund their fair share of their impact on transportation facilities. As new development will impact the existing transportation infrastructure, this is a conservative approach that does not burden new development with any existing deficiencies.
Fee Methodology
The Transportation Fee uses the Planned Facilities Method to calculate the fee. The Planned Facilities Method calculates the fee based on the p lanned facilities associated with new development. This method is appropriate when planned facilities are mostly for the benefit of new development, such as a road extension to a previously undeveloped area.
The Transportation Fee is calculated based on the c ost per trip generated by new development.
The total cost of the facilities attributed to new development identified in Table 5-1 is spread over the anticipated number of trips that will be genera ted by future development (as shown in Table 5-2) to calculate the cost per trip.
To calculate the total number of new trips attribut able to new development through Buildout, the growth projections, detailed in Chapter 3 , are multiplied by the corresponding trip generation rates identified in Table 5-2. These trip generation rates for the land use types within this fee program are based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11.1 Edition.
The multi-family assumption is an average of the mu lti-family attached 2-4 rate and multifamily attached 4+ rate. The non-residential land use ITE rates are assessed per employee, so the rates are multiplied by future employees at Buildout in the City.
Residential trips were calculated by multiplying th e anticipated growth in residential units by the corresponding single family and multi-family trip g eneration rates. Non-residential trips were calculated by multiplying the anticipated growth in employees by the corresponding trip generation rates for each of the land uses. The ITE Trip Generation Manual, 11th Edition notes all Retail and Services land uses (commercial) are entitled to a "pass-by" trip reduction between 40%- 60%. This study assumes the average with a 50% trip reduction for commercial. Pass-by trips are a subset of trips traveling on a road that stops by a near-by commercial development. They are not new trips. Table 5-2 shows the breakdown of the total trips attributed to new development through Buildout condition.
Table 5-3 calculates the total number of existing trips attri butable to existing development. The existing land uses and employees, detailed within C hapter 3, are multiplied by the corresponding trip generation rates identified in Table 5-3. Table 5-3 displays the ITE trip generation rates for
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the land use types within this fee program. As stated previously, the multi-family assumption is an average of the multi-family attached 2-4 rate and multifamily attached 4+ rate. The non-residential land use ITE rates are assessed per employee, there fore these rates are multiplied by existing employees in the City. The existing trips are calcu lated to determine future developments responsibility as the total transportation cost is allocated between existing and future trips.
Table 5-3: Existing Trips
The cost per trip is calculated by taking the total cost of the DIF eligible transportation facilities , calculating the existing trips and future additiona l trips, diving the total cost between existing development and future development’s responsibility based on trips, and then dividing the future development responsibility cost by the trips genera ted by new development. This calculation is shown in Table 5-1.
Fee Summary
The Citywide Transportation Fee for new development is calculated by multiplying the cost per trip identified in Table 5-1 by trip generation rate for each land use. The total fee includes a three percent (3%) administrative charge to fund fee prog ram administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. The residential fee per unit is converted to a fee per square foot by dividing the fee per unit by the unit size estim ated in Table 3-4: Residential Land Use Average Unit Size . Table 5-4 shows the proposed new Citywide Transportation Fee s for new development.
Land Use Existing Units / Workers ITE Trip Rate 1
Trips
Generated
Residential units
Single Family 20,659 9.43 194,814.37
Multi-Family 68 5.64 384.65
Subtotal Residential 195,199.02
Non-Residential workers
Commercial 5,998 8.71 52,239.14
Office 4,179 3.33 13,914.45
Industrial 887 5.05 4,479.17
Subtotal Non-Residential 70,632.77
Total Existing Trips 265,831.78
Notes:
1 Institute of Transportation Engineers Common Daily Trip Generation Rates sourced from the ITE Trip Generation Manual, 11th Edition. 2 Multi-Family trip generation based on the average trips for attached 2-4 and attached 4+ units. ITE 11.1 Edition Daily Trip Generation Rate. ITE 11th Edition notes:
All land uses in the retail & services are entitled to a "pass-by" trip reduction of 60% if less than 50,000 SF or a reduction of 40% if equal to or greater than 50,000 SF. This Study assumes a 50% "pass-by" trip reduction.
Source:
Institute of Transportation Engineer's 11th Edition.
AB1600 Fee Justification Nexus Study 28 September 2 023 City of Cathedral City
Table 5-4: Citywide Transportation Fee Summary
Reduced Traffic Fee
Residential developments near transit stations gene rate fewer trips than traditional land use configurations that rely on vehicles as the primary mode of transportation. According to various transportation studies, measurable trip reductions result for projects that are near transit stations and where there are a diversity of land uses that promote connectivity and walkability. To account for the reduced trip rates generated by projects meeting the above characteristics, an additional trip adjustment factor is applied to new residential land uses meeting the following criteria:
1. The housing development is located within one-half mile of a transit station and there is direct access between the project and the transit station along a barrier-free walkable pathway not exceeding one-half mile in length.
2. Convenience retail uses, including a store that sel ls food, are located within one-half mile of the housing development.
3. The housing development provides either the minimum number of parking spaces required by the local ordinance, or for residential units, no more than one onsite parking space for zero to two bedroom units, and two onsite parking spaces for three or more bedroom units, whichever is less.
For purposes of this reduction, the definition of t ransit station shall be defined by California Government Code Section 65460.1, “Transit station” means a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. Also, a “housing development” shall be defined by California Government Code Section 66005.1, which i s a development project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use.
Commercial trips often coincide with other trips (i .e., Person A stops by the store on their way home from work, Person B stops by a restaurant afte r grocery shopping, etc.) This “pass-by” trip Land Use Cost per Trip Trips
Employees
per 1,000 SF
Improvement
Fee
Administration
Fee
Total
Fee
Average
Unit Size
(SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 129.02 $ 9.43 - 1,216.67 $ 36.50 $ 1,253.17 $ 2,000 0.63 $ Multi Family 129.02 $ 5.64 - 727.68 $ 21.83 $ 749.51 $ 1,250 0.60 $ Non-Residential (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 129.02 $ 8.71 1.82 2,045.26 $ 61.36 $ 2,106.62 $ Office 129.02 $ 3.33 4.00 1,718.56 $ 51.56 $ 1,770.12 $ Industrial 129.02 $ 5.05 0.40 260.62 $ 7.82 $ 268.44 $ Notes:
1 An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.
Source:
Institute of Transportation Engineer's 11th Edition.
AB1600 Fee Justification Nexus Study 29 September 2 023 City of Cathedral City
reduction amount is factored into the Commercial trip generation estimates (Table 5-2) as well as the fee for commercial land use in Table 5-4.
Revenue Projections
Table 5-5 summarizes the anticipated Citywide Transportation Fee revenue collected at Buildout.
The revenue will be used to fund the transportation facilities show on Table 5-1.
Table 5-5: Anticipated Citywide Transportation Fee Collection at Buildout
Nexus Requirement Summary
The proposed Citywide Transportation Fee meets the Mitigation Fee Act Requirements, as described in this section.
Requirement 1: Identify the purpose of the fee.
The purpose of the Citywide Transportation Fee is t o fund planned transportation facilities included in Table 5-1 to serve future development. In order to accommoda te this need, new facilities must be built and/or existing facilities expanded.
Requirement 2: Identify the use of the fee.
The fee will be used to fund the planned transporta tion facilities identified in Table 5-1 and detailed in Appendix B , that are necessary to serve increased transportat ion demand. The improvements were identified through the current Ci ty General Plan Update, City identified projects, and additional City discussions, as the f acilities that are required to mitigate the impact of new development in the City.
Land Use
Proposed
Fee 1
Anticipated
Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $0.63 8,266 16,531,000 $10,358,077
Multi Family $0.60 24,531 30,663,915 $18,386,329
Non-Residential
per 1000 SF 1,000 SF
Commercial $2,106.62 n/a 11,488 $24,201,011
Office $1,770.12 n/a 11,468 $20,300,033
Industrial $268.44 n/a 15,565 $4,178,146
Total $77,423,596
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.
AB1600 Fee Justification Nexus Study 30 September 2 023 City of Cathedral City
Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
The Citywide Transportation Fees will be used to fu nd the new transportation facilities and improvements that are necessary to serve the increa se in transportation demand due to new development. The cost of the transportation improvements is spread to each land use based on the number of trips generated by each land use. This co rrelation to trips ensures that each new development pays their fair share of the transportation costs.
The cost per trip calculations is shown in Table 5-1. The fee calculation is shown in Table 5-4.
Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.
Each new residential and non-residential development within the City will generate additional trips that incrementally adds to the need for new traffic infrastructure and facilities to serve the increased residents and businesses within the City and ensure that traffic facilities can accommodate the increased demand. These facilities are identified i n the current City General Plan Update and through City discussions. Each new residential and non-residential development pays an impact fee based on the additional trips that is expected to be generated by the new development. To accommodate these additional trips, new transportat ion improvements will be needed city-wide.
Utilizing trips generated by each development ensur es that each type of development pays their fair share of the required new transportation facilities. This calculation is shown in Table 5-4.
Requirement 5: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
The transportation facilities that are necessary fo r the new development are summarized in the planned improvements presented in Table 5-1. Each land use pays their fair share of costs base d on the number of trips generated by that land use as shown in Table 5-2. Existing development is netted out from the analysis based on existing trips (calculated on Table 5-3), to ensure that future land uses only pays their fair share of the traffic improvements, as calculated in Table 5-1. The cost per trip is then spread to each land use based on the ITE Trip Generation Rates. This calculation is shown in Table 5-4 . Utilizing trips ensures that each development pay s their fair share of the cost.
AB1600 Fee Justification Nexus Study 31 September 2 023 City of Cathedral City
Section 6 General Government Facilities Fee
Background
This section presents an analysis of the need for g eneral government facilities to accommodate new development in the City and the fees that are n ecessary in order to ensure that new development provides adequate funding to meet this increased need. The City does not currently have a General Government Facilities Fee and this N exus Study presents the methodology to establish the fee. The City does have a City Yard Vehicle Storage Fee that will be combined with this new General Government Facilities Fee.
The General Government Facilities Fee will fund str uctures, vehicles, and equipment related to government facilities, such as City Hall, Library, and Public Works facilities that are needed to serve the future service population of the City.
The Civic Center is located at 68700 Avenida Lalo G uererro and contains approximately 65,000 square feet. It houses the Police Department (inclu ded in a separate chapter) and city staff and administrative offices, including the Mayor’s offic e and City Council chambers. Per discussions with City Staff, there is room to expand at the cur rent location. Per the General Plan, the City’s corporate yard is located at 68385 Kieley Road, near Cathedral Canyon Drive. The facility includes two masonry buildings with a total of approximately 8,500 square feet. One building serves as a vehicle maintenance garage/workshop, and the other includes staff offices for the Public Works Department and warehousing space. The remainder of the site consists of an asphalt parking lot, which accommodates staff and City-owned vehicles. C ity staff has indicated that additional parking space is needed and that the corporate yard may be expanded in the future. Furthermore, as the City grows, especially North of I-10, additi onal general government facilities may be needed, such as library facilities.
Current Level of Service
The current level of service is based on the value of the General Government Facilities as shown below in Table 6-1. The value for the police station and jail is included in the Police Facilities Fee and not the General Government Facilities Fee. The table also shows the City’s current general government inventory of vehicles and equipment.
To determine the current level of service, the value of the existing general government facilities is divided by the existing service population to deriv e the existing level of service cost per capita/worker. The cost per capita for non-residential land uses is weighted using the factors shown in Table 3-1 to calculate the cost per worker. This calculation is shown in Table 6-2. .
AB1600 Fee Justification Nexus Study 32 September 2 023 City of Cathedral City
Table 6-1: General Government Facilities Inventory List
Description Address Quantity UOM Value 1,2
General Government Facilities
Maintenance & Operations 68385 Kieley Road 5,184 SF 1,0 88,179 $ Maintenance & Operations - Land 687-073-046 1.12 AC 487 ,872 $ Library 33520 Date Palm Drive 20,245 SF 8,177,754 $
Library - Land 3 673-030-016 2.60 AC 1,132,560 $
Civic Center / City Hall 4 68-700 Avenida Lalo Guerrero 36,430 SF 14,900,238 $ Civic Center / City Hall - Land 4 687-471-006 2.03 AC 884,970 $ City Hall Parking Structure 68-594 Avenida Lalo Guer rero 230,808 SF 15,942,266 $ City Hall Parking Structure - Land 687-471-008 3.18 AC 1,385,208 $ City Hall - Bell Tower 68-700 Avenida Lalo Guerrero 264 SF 921,894 $ City Hall - Bell Tower - Land 687-471-006 0.00 AC - $
Public Works Building 68-526 Avenida Lalo Guerrero 7,000 SF 333,025 $ Public Works Building - Land 687-171-007 0.00 AC - $
Subtotal General Government Facilities 45,253,966 $
Vehicles & Equipment 5
Mobile - Contractor's Equipment 289,583 $
2018 Chevy Silverado 3500 HD 75,000 $
2018 Chevy Silverado 3500 HD 75,000 $
2014 Ford F-150 Truck 55,000 $
2014 Ford F-150 Truck 55,000 $
2014 Ford F-150 Truck 55,000 $
2016 Chevy Silverado 2500 HD 55,000 $
2016 Chevy Silverado 2500 HD 55,000 $
2016 GMC Sierra 55,000 $
2016 GMC Sierra 55,000 $
2018 Ford F-150 55,000 $
2019 Chevy Tahoe 65,000 $
2019 Chevy Tahoe 65,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2020 Ford Ranger-STVR 55,000 $
2020 Ford Ranger-STVR 55,000 $
2017 DS63 2 Flex 1 Insert Feeder 8,481 $
Mail Machine 5,914 $
HP Page Wide X L 4100 Printer & Scanner 20,646 $
Volanti Multi-Touch Display 11,199 $
Volanti Multi-Touch Display 11,199 $
Subtotal Vehicles & Equipment 1,452,022 $
Total Government Facilities 46,705,988 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. Rounded to nearest dollar. 2 Land values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. Rounded to nearest dollar. 3 4
5 Source:
City of Cathedral City Statement of Values and Listing of Vehicles.
Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided on March 23, 2023 and Listing of Non-Mobile Equipment List provided on March 29, 2023 by Cathedral City Staff. Excludes vehicles past their useful life.
APN 673-030-016 is listed in the County Assessor's Database as 7.890 Acres. How ever, the Library shares the parcel w ith Patriot Park and only utilizes 2.60 acres of the Parcel.
Cost allocation betw een General Government Facilities and Police based on the square footage of each use. General Government Facilities utilizes 36,430 SF of the 68,140 SF Building
AB1600 Fee Justification Nexus Study 33 September 2 023 City of Cathedral City
Table 6-2: General Government Facilities Existing Level of Service
Planned Level of Service
The City’s general facilities serve both residents and businesses. Demand for services and associated facilities, is based on the City’s servi ce population including residents and workers.
The City plans to maintain the current level of service per resident and worker, as shown on Table 6-2, with appropriate participation from new developme nt. Per AB 602, when applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.
This Nexus Study identifies the existing level of service per resident and worker and based on the Nexus Study analysis and discussions with City staff, it has been deemed appropriate to maintain the existing level of service. As described below, this ensures that no facility deficiencies are spread to future development.
Fee Methodology
The General Government Facilities Fee is based on t he Existing Inventory Method. This method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Unde r this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facil ity deficiencies are spread to future development.
Description Value
Existing Facilities 1
General Government Facilities 45,253,966 $
Vehicles & Equipment 1,452,022 $
Subtotal General Government Facilities 46,705,988 $
Existing Service Population 2 55,933
Total Existing Level of Service per Resident 835.03 $
Total Existing Level of Service per Worker 308.96 $
Notes:
1 2
Source:
City of Cathedral City Statement of Values and Listing of Vehicles.
Existing Facilities values derived from the Cathedral City "Statement of Values" and "Listing of Vehicles" provided by Cathedral City Staff on May 11, 2022 and March 23, 2023.
Existing Service population comprises of the 51,840 Residents and 9,934 Workers (w orkers w eighted at
0.37 based on a 45 hour w ork w eek).
AB1600 Fee Justification Nexus Study 34 September 2 023 City of Cathedral City
Fee Summary
The General Government Facilities Fee is distribute d across the various land uses by multiplying the cost per capita/worker by the average number of residents/workers per unit type (density) as identified in Table 3-3 (e.g. for single family residential the density assu mption is 2.85 residents per unit). For each residential land use, the fee p er unit is then converted to a fee per square foot by dividing the cost per unit by the estimated aver age unit size for each land use. For non- residential land use categories, density is shown o n a workers per 1,000 square feet basis and the fee is then calculated on the same basis. The total fee includes a three percent (3%) administrative charge to fund fee program administrative costs, in cluding but not limited to preparing annual reports, preparing fee updates, and other administr ative tasks related to the fee program administration. These calculations are shown in Table 6-3.
Table 6-3: General Government Facilities Fee Summary
Revenue Projections
Table 6-4 summarizes the anticipated General Government Facil ities Fee revenue that will be utilized to fund the construction and/or expansion of general government facilities that will serve new development. The General Government Facilities Fee will be used to fund the cost of expansions or new construction at the current City Hall for General Government Facilities, related to the growth of the City. It is anticipated that t he current City Hall may be able to accommodate a minor expansion, additional City Hall facilities may be built, or a new City Hall building will eventually be built to serve the demand of future g rowth. Additional library and public works facilities in the North area of the City may be fun ded by General Government Facilities Fee revenues as the City’s service population increases.
Land Use
Cost Per
Resident /
Worker Density
Subtotal
Fee
Administration
Fee Total Fee
Average
Unit Size
(SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 835.03 $ 2.85 2,379.84 $ 71.40 $ 2,451.24 $ 2,000 1.23 $ Multi Family 835.03 $ 2.51 2,095.93 $ 62.88 $ 2,158.81 $ 1,250 1.73 $ Non-Residential 2 (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 308.96 $ 1.82 562.31 $ 16.87 $ 579.18 $ Office 308.96 $ 4.00 1,235.84 $ 37.08 $ 1,272.92 $ Industrial 308.96 $ 0.40 123.58 $ 3.71 $ 127.29 $ Notes:
1 2
Non-residential density based upon USGBC LEED BD+C: New Construction | v4 - Default Occupancy Counts.
An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.
AB1600 Fee Justification Nexus Study 35 September 2 023 City of Cathedral City
Table 6-4: General Government Fee Estimated Revenue at Buildout
Nexus Requirement Summary
The General Government Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section.
Requirement 1: Identify the purpose of the fee.
The purpose of the General Government Facilities Fe e is to fund the General Government Facilities needs generated by new development in th e City, such as new or expanded facilities at City Hall or new facilities in the North area of th e City. Each new resident and worker create a demand for additional general government facilities . In order to accommodate these needs, new general government facilities will be built and/or existing facilities will be expanded.
Requirement 2: Identify the use of the fee.
The General Government Facilities Fee will be used to fund new general government facilities in order to maintain the City’s existing level of serv ice. The anticipated fee revenue at Buildout is shown on Table 6-4, which will be used to fund new or expanded facilities at City Hall and new general government facilities, especially in the N orth area of the City, such as library facilities and additional corporation yard facilities. The cap ital improvement projects are identified in Appendix A.
Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
The fee will be used to fund new general government facilities that are necessary to serve the increased residents and workers in the City. New de velopment generates additional residents and workers which increases the demand for general gove rnment facilities. The existing inventory Land Use
Proposed
Fee 1
Anticipated
Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $1.23 8,266 16,531,000 $20,333,130
Multi Family $1.73 24,531 30,663,915 $53,048,573
Non-Residential
per 1,000 SF 1,000 SF
Commercial $579.18 n/a 11,488 $6,653,664
Office $1,272.92 n/a 11,468 $14,598,060
Industrial $127.29 n/a 15,565 $1,981,211
Total $96,614,638
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.
AB1600 Fee Justification Nexus Study 36 September 2 023 City of Cathedral City
method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the construction of new facilities or the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development.
Table 6-1 identifies the existing general government facilit ies and Table 6-2 calculates the existing cost per capita/worker. Workers are weighted less than residents to reflect lower per capita service demand. Non-residential buildings are typically occupied less than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per-resident demand. The 0.37-weighting factor for workers is ba sed upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a residen t’s non-working time of 123 hours (168 hours per week less 45 work hours).
The cost per capita/worker is then allocated to eac h development type based on the estimated persons per household and employees per 1,000 squar e feet. Table 6-3 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential . Calculating the fees based on the new residents or employees projected ensures a reasonable relationship between the fees use and the type of development planned to be built.
Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.
Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new or e xpanded general government facilities to maintain the City’s existing level of service. The General Government Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impact.
New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident. The fee for each unit type is calculated in Table 6-3.
Requirement 5: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
As new development is constructed, new or expanded general government facilities are needed to meet the City’s existing level of service for government facilities. The fee is based on the Existing Inventory Method.
The existing level of service is calculated by taking the total general government facilities cost and dividing it by the existing service population to d erive the existing level of service cost per
AB1600 Fee Justification Nexus Study 37 September 2 023 City of Cathedral City
capita/worker as shown in Table 6-2. The fee for each land use is then calculated by m ultiplying the cost per capita/worker by the number of new res ident equivalents that each land use will generate and converting to a fee per square foot for residential and a fee per 1,000 square foot for non-residential as shown in Table 6-3 . Since the need for the facilities directly correl ates to the addition of new residents and workers, determining the fee based on the projected equivalent residents for each land use ensures that new develo pment pays for their fair share of the required future facilities.
AB1600 Fee Justification Nexus Study 38 September 2 023 City of Cathedral City
Section 7 Fire Facilities Fee
Background
This section presents an analysis of the City’s Fire Facilities Fee. The Fire Facilities Fee provides funding for fire facilities, equipment, and vehicles as a result of increased demand for fire services arising from new development. Currently the City has a Public Safety Fee that includes police and fire services. This Nexus Study proposes a separate fee for police and fire. The Fire Facilities Fee will include the fire portion of the City’s current Fire and Police Facilities/Equipment Fee and Public Safety Facilities Fee.
Currently the Cathedral City Fire Department staffs three firehouses with five to six firefighters and ambulance operators, as well as an administrative office with the fire chief, deputy fire chief, three battalion chiefs, a fire inspector and two administrative support staff.
Current Level of Service
Table 7-1 shows the City’s current fire inventory of fire st ations, vehicles and equipment that serve the City. Table 7-2 calculates the existing level of service per resident/worker.
AB1600 Fee Justification Nexus Study 39 September 2 023 City of Cathedral City
Table 7-1: Fire Facilities Inventory List
The total fire facilities value is divided by the existing service population to establish the existing level of service per resident/worker as shown in Table 7-2.
Description Address Quantity UOM Value 1
Fire Facilities
Fire Station #1 - 411 68-950 Buddy Rogers Avenue 9,20 0 SF 9,893,428.00 $ Fire Station #1 - 411 - Land 2 687-180-009 & 687-180-011 2.78 AC 1,210,968.00 $ Fire Station #2 - 412 32100 Desert Vista Rd. 11,018 SF 4,148,662.00 $ Fire Station #2 - 412 - Land 2 680-282-034 1.33 AC 579,348.00 $ Fire Station #3 - 413 27610 Landau Blvd. 14,000 SF 3,06 4,777.00 $ Fire Station #3 - 413 - Land 2 675-500-006 1.46 AC 635,976.00 $ Subtotal Fire Facilities 19,533,159.00 $
Vehicles & Equipment 3
2013 Ford Leader Ambulance 220,000.00 $
2016 E-450 Marque Ambulance 220,000.00 $
2016 Marque Ambulance 220,000.00 $
2002 La France Telesquirt Fire Truck 750,000.00 $
2009 Pierce Fire Truck 750,000.00 $
2013 Pierce Type 1 Pumper 750,000.00 $
Pierce Quantum Pumper Fire Truck 800,000.00 $
2014 Pierce Quantum 75' Fire Engine 800,000.00 $
2020 Chevy Suburban 115,000.00 $
2014 Ford Taurus 50,000.00 $
2020 Ford F-250 65,000.00 $
2022 Chevy Tahoe 65,000.00 $
2021 Medix F-450 Ambulance 220,000.00 $
2021 Medix F-450 Ambulance 220,000.00 $
Ambulance Cot 13,483.30 $
X Series Zoll Monitors (7) 213,223.65 $
Zoll Auto Pulse Resuscitation System (3) 29,937.67 $
Extrication Unit (Jaws of Life Tool) 39,435.49 $
Antennas & Control Station 12,204.00 $
Extractor Units 45,676.31 $
Stryker Power-Pro XT Ambulance Cot 20,033.38 $
Fire Station 412 Alerting System 119,839.04 $
Fire Station 413 Alerting System 123,148.77 $
Breathing Apparatus Scott Air Packs (45) 358,737.86 $
Subtotal Vehicles & Equipment 6,220,719.47 $
Total Fire Facilities 25,753,878.47 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. 2 Land values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. 3 Source:
City of Cathedral City Statement of Values and Listing of Vehicles.
Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided on March 23, 2023 and Listing of Non-Mobile Equipment List provided on March 29, 2023 by Cathedral City Staff and updated based on input from City staff. Excludes vehicles past their useful life.
AB1600 Fee Justification Nexus Study 40 September 2 023 City of Cathedral City
Table 7-2: Fire Facilities Existing Level of Service
Planned Level of Service
The City plans to maintain the current level of ser vice, as shown in Table 7-2, with appropriate participation from new development. Per AB 602, when applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate. This Nexus Study identifies the existing level of service per resident and work er and based on the Nexus Study analysis and discussions with City staff, it has been deemed appropriate to maintain the existing level of service.
As described below, this ensures that no facility deficiencies are spread to future development.
Fee Methodology
The Fire Facilities Fee is calculated using the Existing Inventory Methodology. This method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facil ity deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available.
Fee Summary
The Fire Facility Fee per unit is calculated by multiplying the cost per capita by the average number of resident equivalents per unit type (density). Th e cost per capita for non-residential land uses is weighted using the factors shown in Table 3-1. For residential uses, the fee per unit must then be Description Value
Existing Facilities
Fire Facilities 1 19,533,159.00 $
Vehicles & Equipment 2 6,220,719.47 $
Subtotal Fire Facilities 25,753,878.47 $
Existing Service Population 3 55,933
Total Existing Level of Service per Resident 460.44 $
Total Existing Level of Service per Worker 170.36 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022.
2 Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided by Cathedral City Staff on March 23, 2023.
3 Source:
City of Cathedral City Statement of Values and Listing of Vehicles.
Existing Service population comprises of the 51,840 Residents and 9,934 Workers (w orkers w eighted at
0.37 based on a 45 hour w ork w eek).
AB1600 Fee Justification Nexus Study 41 September 2 023 City of Cathedral City
converted to a fee per square foot for each unit ty pe by dividing by the average size of each unit.
The total fee includes a three percent (3%) adminis trative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee p rogram administration. Table 7-3 summarizes these calculations.
Table 7-3: Fire Facilities Fee Summary
Revenue Projections
Table 7-4 summarizes the anticipated Fire Facilities Fees. Th e revenue will be applied to future fire stations and fire equipment to meet the needs of new development. According to discussions with the fire chief, the current fire stations are at full capacity and could not accommodate any additional expansion to meet additional demand. At full Buildout, an additional two fire stations will be needed. The two additional fire stations will also require fire apparatuses, ambulances, and other equipment. The City already plans to build an additional fire station at Date Palm Drive and Varner Road when required by population and busines s growth. To accommodate these stations and additional engine companies, the chief stated t hat a training facility would be needed at Buildout. Currently, the City has an agreement to utilize the CalFire Training Facility in Thousand Palms to meet firefighters training requirements. With the construction of an additional fire station and the hiring of additional firefighters, the continued use of the CalFire Training Facility will no longer be viable due to the competition for trainin g time with other agencies. As a result, as the City grows, the City plans to construct a dedicated fire training facility that ensures that the required training for all the City’s firefighters can be maintained.
Land Use
Cost Per
Resident /
Worker Density
Subtotal
Fee
Administration
Fee
Total
Fee
Average Unit
Size (SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 460.44 $ 2.85 1,312.25 $ 39.37 $ 1,351.62 $ 2,000 0.68 $ Multi Family 460.44 $ 2.51 1,155.70 $ 34.67 $ 1,190.37 $ 1,250 0.95 $ Non-Residential 2 (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 170.36 $ 1.82 310.06 $ 9.30 $ 319.36 $ Office 170.36 $ 4.00 681.44 $ 20.44 $ 701.88 $ Industrial 170.36 $ 0.40 68.14 $ 2.04 $ 70.18 $ Notes:
1 2
Source:
City of Cathedral City Statement of Values and Listing of Vehicles.
An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.
Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).
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Table 7-4: Anticipated Fire Facilities Estimated Revenue at Buildout
Nexus Requirement Summary
The Fire Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section.
Requirement 1: Identify the purpose of the fee.
The purpose of the Fire Facilities Fee is to fund new development’s fair-share portion of new fire facilities, such as new fire stations and training facilities, vehicles and fire equipment required for the additional fire personnel that are necessary to mitigate the impacts of new development. Each new resident and worker creates a demand for additi onal fire facilities. In order to accommodate these needs, new fire facilities will be built and/ or existing facilities will be expanded per capita/worker.
Requirement 2: Identify the use of the fee.
The Fire Facilities Fee will be used to fund new de velopment’s fair-share portion of the fire facilities, new fire stations, training facilities, vehicles and fire equipment required to serve new development in order to maintain the City’s existing level of service. The anticipated fee revenue at Buildout is shown on Table 7-4.
The capital improvement projects are identified in Appendix A .
Land Use
Proposed
Fee 1
Anticipated
Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $0.68 8,266 16,531,000 $11,171,815
Multi Family $0.95 24,531 30,663,915 $29,201,123
Non-Residential
per 1000 SF 1000 SF
Commercial $319.36 n/a 11,488 $3,668,832
Office $701.88 n/a 11,468 $8,049,278
Industrial $70.18 n/a 15,565 $1,092,320
Total $53,183,368
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.
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Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
The fee will be used to fund new fire facilities th at are necessary to serve the increased residents and workers in the City. New development generates additional residents and workers which increases the demand for fire facilities. The Exist ing Inventory Method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new dev elopment funds the expansion of facilities at the same standard currently serving existing develo pment. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development.
Table 7-1 identifies the existing fire facilities and Table 7-2 calculates the existing cost per capita/worker. Workers are weighted less than residents to reflect lower per capita service demand.
Non-residential buildings are typically occupied le ss than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per-resident demand. The
0.37-weighting factor for workers is based upon a 4 5-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours).
The cost per capita/worker is then allocated to eac h development type based on the estimated persons per household and employees per 1,000 squar e feet. Table 7-3 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential . Calculating the fees based on the new residents or employees generated ensures a reasonable relationship between the fees use and the type of development project.
Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.
Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new fire facilities to maintain the City’s existing level of service. The Fire Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impa ct. New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident.
The fee for each unit type is calculated in Table 7-3.
Requirement 5: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
As new development is constructed, additional fire facilities are needed to meet the City’s existing level of service. The fee is based on the existing inventory method.
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The existing level of service is calculated by taking the total fire facilities value and dividing it by the existing service population to derive the exist ing level of service cost per capita/worker as shown in Table 7-2 . The fee for each land use is then calculated by m ultiplying the cost per capita/worker by the projected number of new resident equivalents that each land use will generate, and converting to a fee per square foot for residen tial and a fee per 1,000 square foot for non- residential land uses as shown in Table 7-3. Since the need for the facilities directly correl ates to the addition of new residents and workers, determin ing the fee based on the equivalent residents each land use is expected to generate ensures that each new development pays for their fair share of the required future facilities.
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Section 8 Police Facilities Fee
Background
This section presents an analysis of the City’s Pol ice Facilities Fee. The Police Facilities Fee provides funding for police facilities, equipment, and vehicles as a result of increased demand for police services arising from new development. Curre ntly the City has a Public Safety Fee that includes police and fire services. This Nexus Study proposes a separate fee for police and fire. The Police Facilities Fee will include the police porti on of the City’s current Fire and Police Facilities/Equipment Fee, Public Safety Facilities Fee, Police Community Center Fee, and Police Safety Training Site Fee.
The current police headquarters and jail is located within the City Hall building in the City.
Current Level of Service
Table 8-1 shows the City’s current police inventory of polic e facilities, vehicles and equipment.
The current value is divided by the existing servic e population to establish the existing level of service per capita. Table 8-2 calculates the existing level of service per resident/worker.
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Table 8-1: Police Facilities Inventory List
Description Quantity UOM Value 1,2
Police Facilities
Police HQ / Jail 3 31,710 SF 12,969,710.64 $
Police HQ / Jail - Land 3 1.77 AC 770,310.08 $
Subtotal Police Facilities 13,740,020.72 $
Vehicles & Equipment 4
1999 Ford E-450 Mobile Command Post 100,000.00 $
2015 Honda Motorcycle 39,700.00 $
2016 Ford Escape 48,000.00 $
2016 Ford Taurus 65,000.00 $
2016 Ford Taurus 65,000.00 $
2017 Ford C-Max 48,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2018 Ford F-150 55,000.00 $
2018 Honda Accord 51,202.00 $
2020 Ford F-150 55,000.00 $
2020 Ford Fusion 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2021 Ford Explorer 65,000.00 $
2021 Ford F-150 65,000.00 $
2021 Ford Police Interceptor Utility 65,000.00 $
2021 Ford Police Interceptor Utility 65,000.00 $
2021 Ford Police Interceptor Utility 65,000.00 $
License Plate Reader - Hardware & Software 14,706.00 $
License Plate Reader - Hardware & Software 14,706.00 $
Mini-Caliber Swat Robot 55,709.25 $
Security Lines US HD Cameras (2) 10,945.00 $
Motorola Handheld Radios (100) 865,514.52 $
Motorola Mobile Radios (90) 766,675.86 $
Watchguard In-Car Cameras (8) 54,996.50 $
Subtotal Vehicles & Equipment 4,005,155.13 $
Total Police Facilities 17,745,175.85 $
Notes:
1 2
3 Source:
City of Cathedral City Statement of Values and Listing of Vehicles.
Building & Land values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022.
Cost allocation betw een General Government Facilities and Police based on the square footage of each use. Police Facilities utilize 31,710 SF of the 68,140 SF Building.
Vehicle & equipment values derived from the Cathedral City Listing of Vehicles & Art provided on March 23, 2023 and Listing of Non-Mobile Equipment List provided on March 29, 2023 by Cathedral City Staff and additional input from City staff. Excludes vehicles past their useful life.
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The total police facilities value is divided by the existing service population to establish the existing level of service per resident/worker as shown in Table 8-2.
Table 8-2: Police Facilities Existing Level of Service
Planned Level of Service
The City plans to maintain the current level of ser vice, as shown on Table 8-1, with appropriate participation from new development. Per AB 602, when applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate. This Nexus Study identifies the existing level of service per resident and work er and based on the Nexus Study analysis and discussions with City staff, it has been deemed appropriate to maintain the existing level of service.
As described below, this ensures that no facility deficiencies are spread to future development.
Fee Methodology
The Police Facilities Fee is calculated using the E xisting Inventory Methodology. The existing inventory method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per s quare foot basis. Under this approach, new development funds the expansion of facilities at th e same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available.
Description Value
Existing Facilities
Police Facilities 1 13,740,020.72 $
Vehicles & Equipment 2 4,005,155.13 $
Subtotal Police Facilities 17,745,175.85 $
Existing Service Population 3 55,933
Total Existing Level of Service per Resident 317.26 $
Total Existing Level of Service per Worker 117.38 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022.
2 Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided by Cathedral City Staff on March 23, 2023.
3 Source:
City of Cathedral City Statement of Values and Listing of Vehicles.
Existing Service population comprises of the 51,840 Residents and 9,934 Workers (w orkers w eighted at
0.37 based on a 45 hour w ork w eek).
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Fee Summary
The Police Facility Fee per unit is calculated by m ultiplying the cost per resident/worker by the average number of resident/worker equivalents per unit type (density). The cost per capita for non- residential land uses is weighted using the factors shown in Table 3-1. For residential uses, the fee per unit must be converted to a fee per square foot for each unit type by dividing by the average size of each unit. The total fee includes a three p ercent (3%) administrative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. Table 8-3 summarizes these calculations.
Table 8-3: Police Facilities Fee Summary
Revenue Projections
Using City of Tracy’s $15,213,000 cost estimate for an 8,800 SF Police Substation and other cities’ comparable cost estimates, a new 31,700 squ are foot North City Cathedral City Police Department substation, in today’s dollars, is estimated to cost $54 million. This substation would need to be operational before Buildout. Revenues collected through development impact fees will not fully fund the required facilities. Table 8-4 shows the approximate Police Facilities Fee revenues collected at Buildout.
Table 8-4 summarizes the anticipated Police Facilities Fee re venues collected at Buildout. To ensure that the police department can meet the need s of the growing City community, the police department will eventually need to build additional police facilities. The following list provides examples of future police facilities that may be constructed as the City grows in order to maintain existing levels of service. This list is not all inclusive and may be modified as facility requirements change:
Land Use
Cost Per
Resident /
Worker Density Subtotal Fee
Administration
Fee 1 Total Fee
Average
Unit Size
(SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 317.26 $ 2.85 904.18 $ 27.13 $ 931.31 $ 2,000 0.47 $ Multi Family 317.26 $ 2.51 796.31 $ 23.89 $ 820.20 $ 1,250 0.66 $ Non-Residential 2 (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 117.38 $ 1.82 213.64 $ 6.41 $ 220.05 $ Office 117.38 $ 4.00 469.54 $ 14.09 $ 483.63 $ Industrial 117.38 $ 0.40 46.95 $ 1.41 $ 48.36 $ Notes:
1 2
Source:
City of Cathedral City Statement of Values and Listing of Vehicles.
An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.
Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).
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• A North City station (approximately 31,700 square feet) • Six-lane indoor shooting range (currently, the City has an agreement to utilize a private gun range. CCPD usage is (i) subject to competition from general public training usage and (ii) at risk of termination in the event the range permanently closes) • Locker room
• 20’x 20’ Property evidence room
• Covered and secured evidence area used for processing several vehicles and bulk evidence
• Secured parking for employee and marked vehicles
• Gym
• Lunch room
• Training center with storage space for training mats
Using City of Tracy’s $15,213,000 cost estimate for an 8,800 SF Police Substation and other cities’ comparable cost estimates, a new 31,700 square foot North City Cathedral City Police Department substation, in today’s dollars, is estimated to cos t $54 million. This substation would need to be operational before Buildout. Revenues collected th rough development impact fees will not fully fund the required facilities. Table 8-4 shows the approximate Police Facilities Fee revenu es collected at Buildout.
Table 8-4: Anticipated Police Facilities Estimated Revenue at Buildout
Nexus Requirement Summary
The Police Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section.
Land Use
Proposed
Fee 1
Anticipated
Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $0.47 8,266 16,531,000 $7,697,743
Multi Family $0.66 24,531 30,663,915 $20,120,434
Non-Residential
per 1000 SF 1000 SF
Commercial $220.05 n/a 11,488 $2,527,951
Office $483.63 n/a 11,468 $5,546,350
Industrial $48.36 n/a 15,565 $752,701
Total $36,645,180
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.
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Requirement 1: Identify the purpose of the fee.
The purpose of the Police Facilities Fee is to fund new development’s fair-share portion of new police facilities, such as new police sub-stations, vehicles and police equipment required for the additional police personnel that are necessary to m itigate the impacts of new development. Each new resident and worker creates a demand for additional police facilities. In order to accommodate these needs, new police facilities will be built an d/or existing facilities will be expanded per capita/worker.
Requirement 2: Identify the use of the fee.
The Police Facilities Fee will be used to fund new development’s fair-share portion of the police facilities, new police sub-stations, vehicles and p olice equipment required to serve new development in order to maintain the City’s existing level of service. The anticipated fee revenue at Buildout is shown on Using City of Tracy’s $15,213,000 cost estimate for an 8,800 SF Police Substation and other cities’ comparable cost estima tes, a new 31,700 square foot North City Cathedral City Police Department substation, in tod ay’s dollars, is estimated to cost $54 million.
This substation would need to be operational before Buildout. Revenues collected through development impact fees will not fully fund the req uired facilities. Table 8-4 shows the approximate Police Facilities Fee revenues collected at Buildout.
Table 8-4. The capital improvement projects are identified in Appendix A.
Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.
The fee will be used to fund new police facilities that are necessary to serve the increased residents and workers in the City. New development generates additional residents and workers which increases the demand for police facilities. The exi sting inventory method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new dev elopment funds the expansion of facilities at the same standard currently serving existing develo pment. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development.
Table 8-1 identifies the existing police facilities and Table 8-2 calculates the existing cost per resident/worker. Workers are weighted less than res idents to reflect lower per capita service demand. Non-residential buildings are typically occ upied less intensively than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per- resident demand. The 0.37-weighting factor for work ers is based upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours).
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The cost per capita/worker is then allocated to eac h development type based on the estimated persons per household and employees per 1,000 squar e feet. Table 8-3 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential . Calculating the fees based on the new residents or employees generated ensures a reasonable relationship between the fees use and the type of development project.
Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.
Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new police facilities to maintain the City’s existing level of service. The Police Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impa ct. New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident.
The fee for each unit type is calculated in Table 8-3.
Requirement 5: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
As new development is constructed, additional polic e facilities are needed to meet the City’s existing level of service. The fee is based on the existing inventory method.
The existing level of service is calculated by taking the total police facilities value and dividing it by the existing service population to derive the ex isting level of service cost per resident/worker as shown in Table 8-2 . The fee for each land use is then calculated by m ultiplying the cost per resident/worker by the number of new resident equiv alents that each land use will generate and converted to a fee per square foot for residential and fee per 1,000 square foot for non-residential land uses as shown in Table 8-3. Since the need for the facilities directly correlates to the addition of new residents and workers, spreading the fee based on the equivalent residents each land use is expected to generate ensures that each new developm ent only pays for their fair share of the required facilities.
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Section 9 Implementation and Administration
Implementation
According to the California Government Code, prior to levying a new fee or increasing an existing fee, an agency must hold at least one open and publ ic meeting with at least 30 days’ notice. In addition, notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any intere sted party who files a written request with the local agency for mailed notice of the meeting on ne w or increased fees or service charges. Any written request for mailed notices shall be valid f or one year from the date on which it is filed unless a renewal request is filed. At least ten days prior to this meeting, the agency must make data on infrastructure costs and funding sources available to the public. Notice of the time and place of the meeting and a general explanation of the matter are to be published in accordance with Section 6062a of the Government Code, which states that publication of notice shall occur for ten days in a newspaper regularly published once a week or more. The new or increased fees shall be effective no earlier than 60 days following the final action on the adoption or increase of the fees.
Fee Program Administrative Requirements
The Government Code requires the City to report every year and every fifth year certain financial information regarding the fees. The City must make available within 180 days after the last day of each fiscal year the following information from the prior fiscal year:
1. A brief description of the type of fee in the account or fund.
2. The amount of the fee.
3. The beginning and ending balance in the account or fund.
4. The amount of the fee collected and the interest earned.
5. An identification of each public improvement for wh ich fees were expended and the amount of expenditures.
6. An identification of an approximate date by which t ime construction on the improvement will commence if it is determined that sufficient funds exist to complete the project.
7. A description of each interfund transfer or loan made from the account and when it will be repaid.
8. Identification of any refunds made once it is deter mined that sufficient monies have been collected to fund all fee related projects.
The City must make this information available for p ublic review and must also present it at the next regularly scheduled public meeting not less th an 15 days after this information is made available to the public.
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For the fifth fiscal year following the first depos it into the account or fund, and every five years thereafter, the City must make the following findin gs with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted:
1. Identify the purpose to which the fee is to be put.
2. Demonstrate a reasonable relationship between the f ee and the purpose for which it is charged.
3. Identify all sources and amounts of funding anticip ated to complete financing any incomplete improvements.
4. Designate the approximate dates on which funding in item (3) above is expected to be deposited into the fee account.
As with the annual disclosure, the five-year report must be made public within 180 days after the end of the City’s fiscal year and must be reviewed at the next regularly scheduled public meeting.
Fee Adjustment Procedures
The DIFs may be adjusted periodically to reflect re vised facility requirements, receipt of funding from alternative sources (i.e., state, or federal g rants), revised facilities or costs, changes in demographics, changes in the average unit square fo otage, or changes in the land use plan. In addition, in July of each calendar year, the fees will be adjusted using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve- month period ending in May or a similar published i ndex if the CCI Index is no longer available. For example, the adjustment for July 2024 will be determined by taking the percentage change of the Los Angeles construction cost index f rom May 2023 to May 2024. City staff will calculate the annual adjustment utilizing the CCI I ndex. The adjusted fees will be summarized in a resolution to be approved by City Council following the required noticing as outlined by section 66016 of the California Government Code.
Timing of Fee Payment
Fees will be collected at the time the building per mit for the project is issued. All residential projects will pay a fee based on the livable square footage of the residential unit(s). For high- density residential projects, the fee will be due at the time of the building permit for each building.
For high-density residential projects, the non-resi dential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assess ed impact fees as the impact is assumed to be captured in the residential fees. Area that are acc essible by the public (i.e., leasing office) will b e charged impact fees according to use.
Credits and Reimbursement Policies
The City may provide fee credits or reimbursements to developers who dedicate land or construct eligible facilities. Fee credits or reimbursements may be provided up to the cost of the
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improvement, as shown in this study, subject to per iodic inflation adjustments, or the actual cost paid by the developer, whichever is lower. For construction cost overruns, only that amount shown in the study, subject to periodic inflation adjustments, would be credited or reimbursed. The City will evaluate the appropriate fee credit or reimbur sement based on the value of the dedication or improvement. Credits or reimbursements may be repa id based on the priority of the capital improvements, as determined by the City. The City will determine fee credits and reimbursements on a case-by-case basis and possibly through the use of a development agreement.
Administrative Fee
An administrative fee of three (3) percent is inclu ded as part of each of the fees and may be used for costs for legal, accounting, and other administ rative support and development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. Additionally, the administrative fee may be used to fund the impact fee nexus study updated that must be updated at a minimum every eight (8) years pursuant to AB602. Please refer to the individual f ee calculation tables for a breakdown of the administration fee.
Programming Revenues with the CIP
The City should maintain its CIP to adequately plan for future infrastructure needs. The CIP should commit all projected fee revenues and fund balances to specific projects that are necessary to serve growth as described in this report. The use of the CIP provides documentation necessary for the City to hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. In addition, the CIP i s required per AB602. This report outlines the projects that are to be funded with the fee program and forms the basis of the CIP, as shown in Appendix A .
Fee Reporting
Assembly Bill No. 1483, which became effective January 1, 2020, requires that public agencies make the following information available on their website. The following information must be provided:
1. A current schedule of fees, exactions, and affordab ility requirements imposed by the city, county, or special district, including any dependent special districts, of the city or county applicable to a proposed housing development project, which shall be presented in a manner that clearly identifies the fees, exact ions, and affordability requirements that apply to each parcel.
2. All zoning ordinances and development standards, wh ich shall specify the zoning, design, and development standards that apply to each parcel.
3. The list of information required to be compiled pursuant to Section 65940.
4. The current and five previous annual fee reports or the current and five previous annual financial reports, which were required pursuant to subdivision.
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5. An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by the city, county, or special district on or after January 1, 2018.
Any updates to the above information must be available within 30 days.
Accessory Dwelling Units
An accessory dwelling unit (ADU) is a second unit t hat is attached or detached from a single- family home. In accordance with Assembly Bill No. 8 81 approved on October 9, 2019, fees will not be charged for an ADU that is less than 750 square feet. For an ADU that is 750 square feet or larger, the ADU will be charged proportionately in relation to the square footage of the primary dwelling unit. Since the residential fees are now b eing charged on a square footage basis, ADU fees will be calculated by multiplying the Single-F amily Residential fee by the ADU’s square footage.
Specialized Development Projects
The fees in this Report may not apply to specialize d development projects such as golf courses, cemeteries, sports stadium, or other specialized la nd uses. For specialized development projects the City will review the development’s impacts to d etermine the applicable fees. The fee rates presented in this Report may be reduced, exempted, or waived under certain circumstances as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property. In add ition, for reuse, density increasing, or rezone projects, the developer shall only be responsible f or paying fees for the intensification of the development. In cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to th e extent that the overall size and use of the new structure is similar to the structure destroyed by the disaster. The City will review the development’s increased impacts to determine the applicable fees.
Some developments may include more than one land use type. In these cases, the fee is calculated separately for each land use. The City has the disc retion to impose the fees based on the specific aspects of a proposed development regardless of zoning. The fee imposed should be based on the land use type that most closely represents the impacts of the development.
Rebuild or Expansion Projects
For reuse, expansions, density increasing, or rezon e projects, the developer shall only be responsible for paying fees for the intensification or expansion. For example, if a homeowner wishes to build an addition to their home that is 1 00 square feet, the homeowner would be responsible for paying fees for the 100 square foot addition. The City will review the new development’s impacts to determine the applicable fees on a case by case basis.
AB1600 Fee Justification Nexus Study 56 September 2 023 City of Cathedral City
In cases of rebuilding a structure after a demolition, impact fees will not be assessed on the rebuild to the extent that the overall size and use of the new structure is similar to the structure prior to demolition. Similarly, in cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to th e extent that the overall size and use of the new structure is the same as the structure destroyed by the disaster. Impact fees for the new structure will be calculated based on the new rebuilt structu re and the fees paid for the previous structure, and the difference between these fees will be asses sed. No refunds will be made for rebuilds that have a lower impact fee than the previous structure.
AB1600 Fee Justification Nexus Study 57 September 2 023 City of Cathedral City
Appendix A: Capital Improvement Plan
AB1600 Fee Justification Nexus Study 58 September 2 023 City of Cathedral City
Table A-1: Capital Improvement Plan
Item Total Project Cost
Other Funding Sources/
Amount Expended DIF Project Cost
Park Improvements
Park Facilities (Assumes 255.39 acres) 1 $191,542,500 n/a $191,542,500 Subtotal Park Improvement Costs $191,542,500 $0 $191,542,500 General Government Facilities
City Hall (Expansion and new facilities) $59,380,900 $0 $59,380,900 Library Expansion or New Facilities $34,501,500 $0 $34,501,500 Subtotal General Government Facilities Costs $93,882,400 $0 $93,882,400 Fire Facilities
North Area Fire Station #1 $9,800,000 $0 $9,800,000
North Area Fire Station #1 Apparatuses $2,000,000 $0 $2,000,000 North Area Fire Station #1 Land $871,200 $0 $871,200
North Area Fire Station #2 $9,800,000 $0 $9,800,000
North Area Fire Station #2 Apparatuses $2,000,000 $0 $2,000,000 North Area Fire Station #2 Land $871,200 $0 $871,200
Fire Training Facility $15,000,000 $0 $15,000,000
Subtotal Fire Facilities Costs $40,342,400 $0 $40,342,400 Police Facilities
North City Police Station $54,801,375 $0 $54,801,375
Subtotal Police Facilities Costs $54,801,375 $0 $54,801,375 Roads and Intersections
Date Palm Drive (Vista Chino to Gerald Ford Drive) $7,577,838 $2,374,279 $5,203,559 Dinah Shore Drive (Whispering Palms to Pumley Road) $1,743,769 $546,355 $1,197,413 East Palm Canyon Drive (West City Limits to East Bu ddy Rodgers) $3,833,332 $1,201,055 $2,632,277 Perez Road (Campbell Street to Date Palm Drive) $1,349,069 $422,689 $926,380 Ramon Road (Landua Blvd to Da Vall Drive) $4,111,915 $1,288,340 $2,823,575 Varner Road (Palm Drive to Bob Hope) $24,889,298 $7,798,285 $17,091,013 Vista Chino (City Limits to Date Palm Drive/End) $3,681,251 $1,153,405 $2,527,846 Valley Center Road (Palm Drive to Bob Hope) $28,036,619 $8,784,400 $19,252,220 Date Palm Drive / Varner Road $1,800,000 $563,974 $1,236,026 Date Palm Drive / Valley Center Road $1,800,000 $563,974 $1,236,026 Date Palm Drive / Tachevah Drive $1,800,000 $563,974 $1,236,026 Varner Road / Edom Hill Road $1,200,000 $375,983 $824,017 Varner Road / Mountain View Road $1,200,000 $375,983 $824,017 Landau Blvd / Tachevah Drive $1,200,000 $375,983 $824,017 Cathedral Canyon Drive / 33rd Avenue $1,200,000 $375,983 $824,017 Dinah Shore / Whispering Palms Trail $1,200,000 $375,983 $824,017 East Palm Canyon / Margot Murphy Way $1,800,000 $563,974 $1,236,026 East Palm Canyon / Cree Road $1,800,000 $563,974 $1,236,026 Subtotal Roads and Intersections Costs $90,223,091 $28,268,590 $61,954,501 Bikeways & Multi-Modal Facilities
Off Street (CV Link) (Date Palm Dr to Palm Springs Motors/Motel 6) $646,272 $202,489 $443,783 Ramon Road (Landau Blvd to DaVall) $1,910,304 $598,534 $1,311,770 Valley Center Boulevard (Palm Drive to Varner/Bob Hope) $6,966,432 $2,182,714 $4,783,718 Varner Rd (Palm Drive to Bob Hope Drive) $7,289,568 $2,283,959 $5,005,609 Bob Hope Dr/Rio Del Sol (20th Avenue to I-10) $798,336 $250,134 $548,202 East Palm Canyon Drive (Golf Club to Buddy Rogers Avenue) $176,616 $55,337 $121,279 Date Palm Drive (Varner Road to East Palm Canyon Drive) $459,360 $143,926 $315,434 Perez Road (East Palm Canyon to Kyle Road (East)) $26,136 $8,189 $17,947 Gerald Ford Drive (Date Palm to Da Vall) $78,408 $24,567 $53,841 Da Vall Drive (Varner Road to Dinah Shore Drive) $256,608 $80,400 $176,208 Santoro Drive (McCallum Way to Ramon Road) $39,600 $12,407 $27,193 Tachevah Drive (Santoro to Vista Chino) $18,216 $5,707 $12,509 Vista Chino (Date Palm to Da Vall) $95,040 $29,778 $65,262 Palm Drive (Varner Road to I-10) $72,072 $22,582 $49,490 Landau Boulevard (Valley Center Boulevard to Vista Chino) $96,624 $30,274 $66,350 Off Road (Perez Road to Civic Center North) $11,880 $3,722 $8,158 Off Street (CV Link) (Wash/Cat Canyon Golf Club to Date Palm Drive) $102,960 $32,259 $70,701 Off Road (CV Link) (Dinah Shore to Cat Canyon Golf Club) $40,392 $12,656 $27,736 Landau Boulevard (Vista Chino to 30th Avenue) $158,400 $49,630 $108,770 Subtotal Bikeways & Multi-Modal Facilities Costs $19,084,824 $5,979,634 $13,105,190 Total Capital Improvement Projects $489,876,590 $34,248,223.67 $455,628,366.23 Notes:
1 The specific location of Park improvements w ill be dictated by the individual developments and cannot be determined at this time. It is anticipated that Parks w ill be provided w ithin residential development projects.
AB1600 Fee Justification Nexus Study 59 September 2 023 City of Cathedral City
Appendix B: Transportation Cost Details
AB1600 Fee Justification Nexus Study 60 September 2 023 City of Cathedral City
Table B-1: Street and Traffic Signals
Street / Traffic Signals Beginning Location End Locat ion Total Cost Street Improvements
Date Palm Drive Vista Chino Gerald Ford Drive 7,577,83 7.88 $ Dinah Shore Drive Whispering Palms Pumley Road 1,743, 768.63 $ East Palm Canyon Drive West City Limits East Buddy Ro gers 3,833,332.38 $ Perez Road Campbell Street Date Palm Drive 1,349,068.7 5 $ Ramon Road Landua Blvd Da Vall Drive 4,111,915.25 $
Varner Road Palm Drive Bob Hope 24,889,298.00 $
Vista Chino City Limits Date Palm Drive/End 3,681,250 .63 $ Valley Center Road Palm Drive Bob Hope 28,036,619.40 $
Subtotal Street Improvements 75,223,090.90 $
Traffic Signals
Date Palm Drive / Varner Road Date Palm Drive Varner Road 1,800,000.00 $ Date Palm Drive / Valley Center Road Date Palm Drive Valley Center Road 1,800,000.00 $ Date Palm Drive / Tachevah Drive Date Palm Drive Tac hevah Drive 1,800,000.00 $ Varner Road / Edom Hill Road Varner Road Edom Hill Ro ad 1,200,000.00 $ Varner Road / Mountain View Road Varner Road Mountain View Road 1,200,000.00 $ Landau Blvd / Tachevah Drive Landau Blvd Tachevah Dri ve 1,200,000.00 $ Cathedral Canyon Drive / 33rd Avenue Cathedral Canyo n Drive 33rd Avenue 1,200,000.00 $ Dinah Shore / Whispering Palms Trail Dinah Shore Whi spering Palms Trail 1,200,000.00 $ East Palm Canyon / Margot Murphy Way East Palm Canyo n Margot Murphy Way 1,800,000.00 $ East Palm Canyon / Cree Road East Palm Canyon Cree R oad 1,800,000.00 $ Subtotal Traffic Signals 15,000,000.00 $
Total Street Improvements & Traffic Signal Faciliti es 90,223,090.90 $ Notes:
1 Future street improvements and traffic signal facilities developed by the City of Cathedral City Engineering Department.
Source:
City of Cathedral City.
AB1600 Fee Justification Nexus Study 61 September 2 023 City of Cathedral City
Table B-2: Future Bikeways and Multi-Modal Facilities
Street/Path Segment Classification
Length
(mi.) Total Cost
Class I
Off Street (CV Link) Date Palm Dr to Palm Springs Mo tors/Motel 6 Class I Future 0.68 646,272.00 $ Ramon Road Landau Blvd to DaVall Class I Future 2.01 1,910,304.00 $ Valley Center Boulevard Palm Drive to Varner/Bob Hop e Class I Future 7.33 6,966,432.00 $ Varner Rd Palm Drive to Bob Hope Drive Class I Future 7.67 7,289 ,568.00 $ Bob Hope Dr/Rio Del Sol 20th Avenue to I-10 Class I F uture 0.84 798,336.00 $ Subtotal Class I 18.53 17,610,912.00 $
Class 2
East Palm Canyon Drive Golf Club to Buddy Rogers Ave nue Class II Future 2.23 176,616.00 $ Date Palm Drive Varner Road to East Palm Canyon Driv e Class II Future 5.80 459,360.00 $ Perez Road East Palm Canyon to Kyle Road (East) Class II Future 0.33 26,136.00 $ Gerald Ford Drive Date Palm to Da Vall Class II Futur e 0.99 78,408.00 $ Da Vall Drive Varner Road to Dinah Shore Drive Class II Future 3.24 256,608.00 $ Santoro Drive McCallum Way to Ramon Road Class II Future 0.50 39,600 .00 $ Tachevah Drive Santoro to Vista Chino Class II Future 0.23 18,216.00 $ Vista Chino Date Palm to Da Vall Class II Future 1.20 95,040.00 $ Palm Drive Varner Road to I-10 Class II Future 0.91 72,072.00 $ Landau Boulevard Valley Center Boulevard to Vista Ch ino Class II Future 1.22 96,624.00 $ Subtotal Class II 16.65 1,318,680.00 $
Off Road Shared NEV/Bike
Off Road Perez Road to Civic Center North Off Road Shared NEV /Bike 0.15 11,880.00 $ Off Street (CV Link) Wash/Cat Canyon Golf Club to Da te Palm Drive Off Road Shared NEV/Bike 1.30 102,960.00$ Off Road (CV Link) Dinah Shore to Cat Canyon Golf Cl ub Off Road Shared NEV/Bike 0.51 40,392.00 $ Landau Boulevard Vista Chino to 30th Avenue Off Road Shared NEV/Bike 2.00 158,400.00 $ Subtotal Off Road Shared NEV/Bike 3.96 313,632.00 $
Total Future Bikeways & Multi-Modal Facilities 39.14 19,243,224.00 $ Notes:
1 Future bikew ays & multi-modal facilities derived from the City of Cathedral City Comprehensive General Plan dated July 1, 2019. 2 Cost estimates per mile provided by the City of Cathedral City on August 18, 2022.
OLD DIF NAME NEW FUND NAME
NEW FUND-
PROJECT PROJECT NAME
PROJECT
COMMITMENT DATE
PROJECT START
DATE
FUTURE AB 1600
COMMITMENTS
OTHER FUNDING
SOURCES
OTHER
SOURCES
AMOUNT
TOTAL
COMMITMENTS
CURRENT
BALANCE
AVAILABLE
Park & Recreation Facilities Park Facilities 271 -Various Park Improvement and Maintenance
Plan FY 2020-2021 Not Yet Scheduled $ 547,652 Unknown $ 1,443,000 $ 1,990,652 Park & Recreation Facilities Park Facilities 271 -N/A Festival Park FY 2014-2015 Not Yet Scheduled 102,666 Unknown 3,200,000 3,302,666 Park & Recreation Facilities Park Facilities 271 -N/A Community Center and Pool 2006 DIF Study Not Yet Scheduled 14,938,749 Unknown 30,628,550 45,567,299 Park & Recreation Facilities Park Facilities 271 -C07016 Downtown Dog Park 2006 DIF Study FY2023-2024 375,797 General Fund 13,340 389,137 Park & Recreation Facilities Park Facilities 271 -N/A Cove Park FY 2017-2018 Not Yet Scheduled 750,000 N/A - 750,000 Traffic Signalization* Transportation 272 -N/A
Signal at Cathedral Canyon and
Paseo Real FY 2010-2011 Not Yet Scheduled 75,000 N/A - 75,000 Traffic Signalization* Transportation 272 -N/A
Signalization at Date Palm Drive
(I-10 to Varner) 2006 DIF Study Not Yet Scheduled 586,789 N/A - 586,789 Road & Traffic Facilities Transportation 272 -N/A Road Construction (north of I-10) 2006 DIF Study Not Yet Scheduled 11,913,743 N/A - 11,913,743 Road & Traffic Facilities Transportation 272 -N/A Traffic Signals (north of I-10) 2006 DIF Study Not Yet Scheduled 1,200,000 N/A - 1,200,000 Interchange & Bridges Transportation 272 -C08899 Vista Chino Bridge 2006 DIF Study FY 2017-2018 131,879 Capital Improvement 194,882 326,761 Bikeway Facilities Transportation 272 -N/A
Bikeways - Varner Road
(north of I-10) 2006 DIF Study Not Yet Scheduled 69,352 N/A - 69,352 Bikeway Facilities Transportation 272 -C08751
Bikeways - Date Palm Drive
(north of I-10) 2006 DIF Study Not Yet Scheduled 53,348 Grant Funding 895,200 948,548 Trail Facilities Transportation 272 -N/A City-Wide Trails 2006 DIF Study Not Yet Scheduled 504,268 N/A - 504,268 City Yard Vehicle Storage
General Government
Facilities 273 -N/A Vehicle Storage Facility 2006 DIF Study Not Yet Scheduled 1,181,532 Unknown 2,019,325 3,200,857 194,973 Fire/Police Facilities/Equipment Fire Facilities 274 -N/A Fire Station FY 2012-2013 Not Yet Scheduled 3,066,533 Unknown 5,433,467 8,500,000 190,187 Police Community Center Police Facilities 275 -N/A Police Community Center 2006 DIF Study Not Yet Scheduled 265,845 Unknown 454,348 720,193 Public Safety Training Site Police Facilities 275 -N/A Public Safety Training Site 2006 DIF Study Not Yet Scheduled 221,537 Unknown 378,624 600,161 Public Safety Facilities Police Facilities 275 -N/A
Public Safety Building
(north of I-10) 2006 DIF Study Not Yet Scheduled 2,133,905 N/A - 2,133,905 Public Safety Facilities Police Facilities 275 -N/A Marked Vehicles (north of I-10) 2006 DIF Study Not Yet Scheduled 298,747 N/A - 298,747 Transit Development Transit Development 229 -C08873 Bus Turnouts FY 1990-1991 FY 2010-2011 231,540 N/A - 231,540 34,424 - Master Underground Master Underground 232 -C08874 Utility Undergrounding FY 1989-1990 FY 2021-2022 2,690,473 Measure A 690,227 3,380,700 2,232,489 Total $ 38,417,342 $ 44,660,736 $ 83,078,078 * Projects related to new development, both in progress and planned. Not formally adopted until new development is completed. $ 775,747
360,733
265,247
CURRENT DIF IMPACT FEE PROJECT LIST - As of 12/31/2023