CHAPTER 2.02
CONDUCT OF MEETINGS
Sections:
2.02.010 Parliamentary Procedure.
2.02.020 Quorum.
2.02.030 Teleconference of City Council Meetings.
2.02.040 Parliamentarian.
2.02.050 Discussion Rules.
2.02.060 Motions.
2.02.070 Voting Procedures.
2.02.080 Dead Lock Vote.
2.02.090 Reconsideration of a Council Action.
2.02.100 Excusing Councilmember Absence.
2.02.010 PARLIAMENTARY PROCEDURE.
Parliamentary procedure is a set of rules that regulate and standardize how the Council and its subordinate bodies, conduct business. It is the policy of the Council that, unless otherwise required by State law or other regulation, all City Council meetings, and meetings of its subordinate bodies, shall be conducted under Rosenberg’s Rules of Order: Simple Productions for the 21st Century (revised 2011, or subsequent editions).
However, no ordinance, resolution, or other action of the City Council, or those of its subordinate bodies, shall be invalidated, or the legality thereof otherwise affected, by the failure or omission of the Council or its subordinate bodies, to observe or follow such rules. For the purpose of this section, subordinate bodies of the City Council shall include all standing committees of the City Council and all boards, commissions and committees formed by the City Council including, but not limited to, the Parks and Community Events Commission, the Public Arts Commission, the Planning Commission, the Architectural Review Committee, and the Historic Preservation Committee.
2.02.020 QUORUM.
Three-fifths of the council members constitute a quorum.
2.02.030 TELECONFERENCE OF CITY COUNCIL MEETINGS.
In the event that any member of the Council elects to use teleconferencing as a means of participating in any meeting of the legislative body, he/she may do so provided the requirements of the Brown Act are followed.
2.02.040 PARLIAMENTARIAN.
The City Attorney, as the Council’s chief legal officer, shall decide all questions of interpretations of these rules and any other questions of a parliamentary nature which may arise at City Council meetings.
2.02.050 DISCUSSION RULES.
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To assist the Council in the orderly discussion of items, rules are followed which represent accepted practices for the management of City Council meetings.
(a) Obtaining the Floor.
(b) A council member or staff shall first address the Mayor and gain recognition. Comments and questions should be directed through the Mayor and limited to the issue before the Council.
Cross-exchange between council members and the public should be avoided. (c) Questions to Staff.
A council member shall, after recognition by the Mayor, address questions to the City Manager, City Attorney, department head or designated staff member. If a council member has questions on an agenda item, that member should preferably contact staff prior to the meeting in order to allow staff time to research a response for the meeting.
(d) Interruptions.
Once recognized, a council member is considered to have the floor, and another council member may not interrupt the speaker except to make a point of order or point of personal privilege. In such circumstance, the council member holding the floor shall cease speaking until the point of order or privilege is resolved.
Upon being recognized by the Mayor, members of the staff shall hold the floor until completion of their remarks or until recognition is withdrawn by the Mayor. (e) Discussion.
A council member should not speak more than once on a particular subject until every other council member has had the opportunity to speak. Council members are encouraged to discuss items during the decision- making process and may ask staff to respond when appropriate. The Mayor normally allows other members to speak first, then will give his/her views and summarize. (f) Tabling Procedure.
Tabling an item immediately stops discussion and causes a vote to postpone a matter indefinitely or to a time and date certain. A motion to “continue” an agenda item has the same effect, but is generally used when a scheduling problem arises or when insufficient time is available to address the matter thoroughly. (g) Right of Protest.
A council member is not required to state reasons for dissenting vote.
2.02.060 MOTIONS.
The following procedures shall apply to making motions:
(a) Making a Motion.
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Any council member, including the Mayor, may bring a matter of business properly before the Council by making a motion. Any member, including the Mayor, except the member making the motion, may second a motion. Once a motion is seconded, it shall be re-stated by the Mayor and opened for discussion and de- bate.
(b) Calling for the Question.
The purpose of calling for the question is to disallow further debate and put an issue to an immediate vote, unless otherwise declined by motion and vote. A council member may move to “call for the question” on an item which is being considered. If the motion carries, the item is no longer debatable and the Council must vote on it.
(b)(1) Abstention Votes.
Except in the cases of a described conflict of interest, in the event that one less than the necessary number of "aye" votes has been cast, then an "abstain" vote shall constitute concurrence and the Clerk shall set forth in the minutes that the matter was passed pursuant to this rule. (b)(2) Declaration of Result.
After every vote the Mayor shall declare the result and on all but consensus votes, shall note, for the record, the number of votes for or against the question.
(c) Related Motions.
Once a main motion is properly brought before the Council and seconded, related motions may be employed in addressing the main motion.
(c)(1) Form and Precedence.
These motions take precedence over the main motion and, if properly made and seconded, must be resolved before the main motion can be acted upon. Examples of these motions are as follows:
Motion to Amend
Motion for a substitution
Motion to table
Motion to continue
If a main motion is pending, no related motion except as stated below, may be made and any such motion may be declared out of order by the Mayor.
(c)(2) Categories of Related Motions.
Related motions fall into two categories: Subsidiary Motions and Motions of Privilege, Order, or Convenience.
Despite the pendency of a main motion or a Subsidiary Motion thereto, any member of the Council or the Mayor may make a Motion of Privilege, Order, or Convenience, which once made takes precedence.
2.02.070 VOTING PROCEDURES
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When present, all council members are to vote. Failure of a seated member to orally express a vote constitutes an affirmative vote.
Council members may declare general consensus at the discretion of the Mayor, if there are no negative votes or objections.
Upon the request of any council member, a roll call vote will be taken and recorded.
A tie vote is equivalent to a motion that has failed. The Mayor may publicly explain the effect of the tie vote for the audience or may direct a staff member to do so.
2.02.080 DEAD LOCK VOTE.
There may be instances where council has been deadlocked (2-2) due to an absence or disqualification based on a conflict of interest. If an item cannot be resolved because of a deadlock in voting, the issue is deemed stayed and is, without further vote required, continued to the next regular Council meeting.
Should a deadlock vote occur with multiple continuances, the Council may then look to the City Attorney regarding "legally required participation" standards.
2.02.090 RECONSIDERATION OF A COUNCIL ACTION.
Provided that no intervening right will be prejudiced, a council member who voted with the majority on a question may move the reconsideration of that question at the same meeting in which the decision which is the subject of the motion was made or at the next following meeting on the condition that it’s placed on that meeting agenda. After a motion for reconsideration is acted upon, no other similar motion to reconsider may be made on that matter without unanimous consent of the Council.
A reconsideration motion made by a member of the Council voting in the minority shall not be allowed except when made more than one (1) year after the date of the original action.
2.02.100 EXCUSING COUNCIL ABSENCE
If the City Clerk or City Manager has, in accordance with Section 1.03.090, received prompt notice of a Councilmember’s anticipated absence from a regular Council meeting, they shall report the absence to the City Council when roll is called at the Council meeting together with the Councilmember’s explanation and request that the absence be excused. The Mayor shall ask the Councilmember’s present whether the absence will be deemed excused and the City Clerk shall enter the resulting direction in the official minutes of the meeting.
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CHAPTER 2.03
RULES OF DECORUM FOR MEMBERS OF THE PUBLIC AT MEETINGS
Sections:
2.03.010 Purpose.
2.03.020 Public Meeting Decorum.
2.03.030 Addressing the Council and Committees.
2.03.040 Public Presentations at Meetings.
2.03.050 Values of Respect.
2.03.060 Enforcement of Order.
2.03.010 PURPOSE.
This policy establishes rules of decorum for members of the public attending and/or addressing the Council or committee at a meeting held in the Council Chambers or conference room. The policy is intended to facilitate the conduct of public meetings in an open and orderly manner and in an environment safe for all persons in attendance.
All persons are expected to conduct themselves with civility and courtesy at all times. All persons giving comments shall speak directly to the Council and address issues.
2.03.020 PUBLIC MEETING DECORUM.
Persons in the audience shall refrain from behavior that will disrupt the public meeting. Shall not make or receive phone calls while the meeting is in session. All persons using personal data devices including cell phones shall place them in silent mode while meeting is in session. Persons in the audience shall also refrain from making audible talking, loud noises, clapping, shouting, booing, hissing or engaging in any other activity in a manner that disturbs, disrupts or impedes the orderly conduct of the meeting; refrain from creating, provoking or participating in any type of disturbance that disrupts the meeting. The Mayor and Council have the authority to rule a person out of order and, if deemed appropriate by the Mayor or Council, ordered to leave the meeting.
Appropriate attire, including shoes and shirts are required in the Council Chambers and City Hall at all times.
No food, drink (other than bottled water with a cap), or chewing gum, tobacco, or cannabis will be allowed in the Council Chambers and other meeting rooms, except as otherwise pre-approved by City Staff.
2.03.030 ADDRESSING THE COUNCIL.
Persons wishing to speak on an agenda item or during public comments are requested to state the name and town of residence for the record. Speakers should discuss topics related to City business on the agenda, or to matters within the jurisdiction of the City. Speaker’s comments should be addressed to the members of the Council and not to persons in the audience. Speakers and any other member of the public will not approach the dais during the meeting without prior consent from the Mayor/Chair. Speakers should return to their seat after their comments and not continue to stand at the podium.
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Any documents used by the speaker shall be given to the City Clerk for distribution to the Council. Public comments are subject to a three (3) minute limit.
Applicants and appellants, at public hearings are given more time to speak in order to present and explain the item being presented for Council action. Whenever any group of persons wishes to address the Council or committee on the same subject matter, it shall be proper for the Mayor/Chair to request that a spokesperson be chosen by the group to address the body and, to limit the number of persons so addressing the body in order to avoid unnecessary repetition.
Speakers are encouraged to submit written public comments to the City Clerk preferably 24 hours prior to the distribution of the agenda packet. The written public comments will be included in the agenda packet, enabling the speaker to summarize his/her written comments within the three (3) minute time limit at the meeting.
Any written comments on an agenda item received by the City Clerk prior to the meeting will be distributed to the Council or committee and then included in the official record of the meeting.
2.03.040 PUBLIC PRESENTATIONS AT MEETINGS.
Members of the public who wish to utilize electronic media in the presentations must coordinate in advance with the City Clerk’s office. The City Manager may establish reasonable rules on the public’s use of electronic media, to minimize the disruption of Council meetings as well as the burden on City staff, including the requirement of advance notice and/or submission of presentation data to ensure all compatibility issues are resolved before the Council meeting.
2.03.050 VALUES OF RESPECT.
The Council has also recognized the importance of approaching the public’s business in an environment of personal respect and courtesy, which places emphasis on the consideration of policy and avoids personalization of comments. Some guidelines utilized by the Council include:
1) Discussion should focus on matters within the City’s jurisdiction. 2) Civility and courtesy should be displayed as other members express their views. 3) Treat member of the public equally, applying rules in fair and consistent manner.
2.03.060 ENFORCEMENT OF ORDER.
The Police Chief or his designees acts as the Sergeant-At-Arms. Any council member may request the Mayor to enforce the rules of protocol. Upon motion and majority vote, the Mayor shall be required to do so.
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CHAPTER 2.04
ROTATION AND DUTIES OF THE MAYOR AND MAYOR PRO TEM
Sections:
2.04.010 Rotation of Mayor and Mayor Pro Tem.
2.04.020 Duties and Responsibilities of the Mayor.
2.04.030 Staff Time Allocation.
2.04.040 Duties and Responsibilities of the Mayor Pro Tem.
2.04.010 ROTATION OF MAYOR AND MAYOR PRO TEM.
The City of Cathedral City has a council/manager form of City government. The City Charter provides that the position of Mayor and Mayor Pro Tem shall be an appointed rotating position, appointments shall be made annually at the first meeting in December. The process for appointment of the Mayor and Mayor Pro Tem shall be set by ordinance and is under Section 2.04.180 of the Cathedral City Municipal Code.
2.04.020 DUTIES AND RESPONSIBILITIES OF THE MAYOR.
As reflected in the Municipal Code, the Mayor is to preside at all meetings of the Council and perform such other duties consistent with the office as may be imposed by the Council or by the vote of the people. The Mayor does not possess any power of veto. As presiding officer of the City Council, the Mayor is to faithfully communicate the will of the Council majority in matters of policy. The Mayor is also recognized as the titular head of the City for all ceremonial purposes.
The Mayor, unless unavailable, shall sign all ordinances, resolutions, and other documents that have been adopted by the Council and require an official signature; except when the City Manager has been authorized by Council action to sign said documents. In the event the Mayor is unavailable, the Mayor Pro Tem’s signature may be used.
Traditionally, the Mayor and Mayor Pro Tem have also been assigned by the Council to consult and coordinate with the City Manager in the development of agendas for City Council meetings.
The Mayor also acts as spokesperson for the Council when appropriate media or external organization requests are made and will represent the Council’s official position.
The Mayor issues proclamations, makes declarations, and extends official recognition of groups or events.
2.04.030 STAFF TIME ALLOCATION.
The Mayor and City Manager will coordinate the use of staff time reasonably required for the following:
•State of the City
•Town Hall meetings
•Welcome speeches at events
•Preparation for media interviews
•Promotional or official Mayoral correspondence
•Advertorials
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•Crisis communications
All other requests of staff time by the Mayor will follow the procedure as outlined in sections 1.04.040 and
2.06.060 of this manual.
2.04.040 DUTIES AND RESPONSIBILITIES OF THE MAYOR PRO-TEM.
The Council has designated the Mayor Pro Tem to perform the duties of the Mayor during the Mayor’s absence or disability.
The duties and responsibilities of the Mayor Pro Tem are as follows: 1) In the Mayor's absence, acts as the presiding officer at all City Council meetings assuring all meetings are conducted in an orderly manner, and in accordance with legal requirements, 2) acts as the ceremonial head or representative of the City at various civic affairs, 3) acts as spokesperson for the Council, 4) acts as signatory to all documents requiring Council execution, 5) issues proclamations, makes declarations, and extends official recognition of groups or events.
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CHAPTER 2.05
OUTSIDE ORGANIZATIONS, REGIONAL AUTHORITIES
AND CITY COMMITTEES
Sections:
2.05.010 Appointments of Council Members to Outside Organizations, Regional Authorities and City Committees.
2.05.020 Procedure for Council Member Assignments.
2.05.030 Reporting Responsibilities of Appointees.
2.05.040 Representational Responsibilities of Appointees.
2.05.050 Current Appointments.
2.05.060 Staff Involvement in City Committees and Outside Organizations.
2.05.010 APPOINTMENTS OF COUNCIL MEMBERS TO OUTSIDE ORGANIZATIONS, REGIONAL AUTHORITIES AND CITY COMMITTEES.
The City of Cathedral City has numerous relationships with outside organizations and regional authorities, such as the League of California Cities and the Coachella Valley Association of Governments (CVAG). The City Council assigns councilmembers or staff as appropriate and as needed or required to represent the City at these organizations. Alternates appointed to these outside organizations have the same authority as the primary appointee when the appointee is absent unless otherwise prohibited by the organization. Once a council member has been assigned to participate in an outside organization or regional authority, separate approval is not needed to participate in a subcommittee of that organization or regional authority.
2.05.020 PROCEDURE FOR COUNCIL MEMBER ASSIGNMENTS.
Annually or as vacancies occur, the City Clerk shall present to the Council a list of such outside organizations, regional authorities and City standing committees, and the names of council members currently assigned to them. The Council shall attempt to spread the various council member assignments so that each council member fairly shares the responsibility of representing or conducting business for the City. Council members may decline appointments and others may volunteer for assignments. This could result in an unequal distribution of assignments which is allowable provided the Council approves. The Mayor should be given priority for appointment to the CVAG Executive Committee as the Mayors are traditionally appointed to this position.
2.05.030 REPORTING RESPONSIBILITIES OF APPOINTEES.
All council members representing the City on outside organizations, regional authorities and City committees should summarize their activities at Council meetings during Council Members' reports. If the City reimburses a council member his/her actual and necessary expenses incurred in such representation, he/she shall give a report on the meetings he/she attended at the expense of the City at the next regular meeting of the City Council.
2.05.040 REPRESENTATIONAL RESPONSIBILITIES OF APPOINTEES.
Council members assigned to outside organizations or regional authorities represent the City's interest, generally as determined by a majority of the Council. Council members are not to represent or vote their own or individual positions on an issue, but that of the City, as articulated, directed or instructed by a majority
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of the Council. Wherever possible, all significant policy issues shall be brought before the Council for deter- mination and instruction to the assigned council member. The assigned council member shall represent that position until such time as a majority of the Council changes or modifies its position on a policy issue. A designated councilmember that does not represent the policy direction of the Council may be removed from the appointment by the Council.
2.05.050 CURRENT APPOINTMENTS.
Current assignments to outside organizations and regional authorities are on file in the Office of the City Clerk and posted on the City’s website.
2.05.060 STAFF INVOLVEMENT IN CITY COMMITTEES AND OUTSIDE ORGANIZATIONS.
City committees and outside organizations may request information from City Staff but shall not direct staff in the performance of their duties or in their recommendations to the Council. All staff involvement with a committee and outside organizations shall be approved by the City Manager so as not to unduly interfere with day to day operations or priorities established by the Council and needs of the City.
The substantial use of staff for purposes not provided in the Council’s Strategic Goals must be approved by the Council.
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CHAPTER 2.06
COUNCIL STANDING AND AD HOC COMMITTEES
Sections:
2.06.010 Establishment of Council Standing and Ad Hoc Committees.
2.06.020 Procedure for Council Ad Hoc Assignments.
2.06.030 Notice of Standing Committee Meetings.
2.06.040 Ad Hoc Committee Meetings.
2.06.050 Report of Standing and Ad Hoc Committees.
2.06.060 Annual Review of Standing and Ad Hoc Committees Necessity.
2.06.010 ESTABLISHMENT OF COUNCIL STANDING AND AD HOC COMMITTEES.
The Council may establish and appoint councilmembers to standing or ad hoc committees of the Council for policy review of a specific area or a specific issue.
Ad hoc committees may be established at the time of need. They shall have a specific program of work to perform and shall automatically dissolve once the program of work is completed, and generally should not exist for longer than six months.
Council standing committees are to help the Council do its job by preparing policy alternatives and implications for Council deliberation on specific subject matters. Standing Committees are not established to augment or assess staff work, but to provide policy insights.
2.06.020 NOTICE OF STANDING COMMITTEE MEETINGS.
A Standing Committee is subject to the notice and procedural requirements of the Brown Act. An agenda of all Council Standing Committees will be posted seventy-two (72) hours prior to the meeting, as per the Brown Act and the meeting will be open to the public.
Generally speaking, no council members, except those appointed to the committees, may attend said meeting as there are Brown Act implications regarding majority deliberations.
2.06.030 AD HOC COMMITTEE MEETINGS.
Generally speaking, no member of the Council who is not a member of an ad hoc Council committee may attend a meeting of that ad hoc committee; however, exceptions can be made.
2.06.040 REPORT OF STANDING AND AD HOC COMMITTEES.
Standing and ad hoc committees will report on the work of the committee during Council Member Reports & Comments section of the City Council agenda. Whether or not there is agreement between the two members of the standing or ad hoc committee, the report to the entire Council will reflect the position of both members.
2.06.050 ANNUAL REVIEW OF STANDING AND AD HOC COMMITTEES NECESSITY.
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The Council will review annually the relevance of the Council’s standing and ad hoc committees to the Council’s current Strategic Plan Goals and Objectives, and will eliminate those which are determined by a majority of the Council to be no longer necessary.
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CHAPTER 2.07
RULES OF CONDUCT FOR COUNCIL MEMBERS
Sections:
2.07.010 Council Conduct and Relationship to Electors.
2.07.020 Housing Complaints.
2.07.030 Responding to Public Complaints and Inquiries.
2.07.040 Council Calendar.
2.07.050 Council Compensation.
2.07.060 Expense Reports
2.07.070 Council Travel Policy.
2.07.080 Council Communication with Staff.
2.07.090 Council Budget.
2.07.100 Gifts.
2.07.110 Public Presentations.
2.07.120 Closed Sessions.
2.07.010 COUNCIL CONDUCT AND RELATIONSHIP TO ELECTORS.
No council member shall act in such a manner as to call into disrepute the public image of the Council or which is discourteous to or results in the constant interruption of other members of the Council or members of the public. Council members are elected by all of the people to serve as representatives of all of the people.
It is the responsibility of council members to vote and decide issues, regardless of personal interest. There will always be segments of the population dissatisfied with any decision. The purpose of government is to balance legally, fairly, and without favor the costs and burdens that are to be placed upon the individual or several individuals against the good, the benefit, or welfare of or to a majority of the people.
2.07.020 RESPONDING TO PUBLIC COMPLAINTS AND INQUIRIES.
Council members receiving complaints or requests for service concerning routine matters, such as a pothole or inoperative street light, shall refer the inquirer to the City Manager or his Administrative Assistant.
When a council member receives a complaint or inquiry from the public the response to which will likely involve a significant amount of staff work and/or a large financial cost, the council member will inform the City Manager of the complaint or inquiry and will not make any promises to the inquirer regarding the likely disposition of the matter.
The City Manager will investigate the complaint or inquiry, and determine if it is appropriate for City staff to respond to the request, and direct City Staff to respond appropriately. The City Manager shall inform the entire Council of the complaint, who presented it to the City Manager, and the action taken by City Staff in response to the complaint or inquiry.
2.07.030 COUNCIL CALENDAR.
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The responsibility for managing the calendars of the Council and the council members shall be delegated to the City Manager’s office.
2.07.040 COUNCIL COMPENSATION.
Council members receive compensation as provided by the City Charter.
2.07.050 EXPENSE REPORTS.
City Staff shall assist the Council in a periodic accounting of individual expenditures for travel, phone use, etc. for city business. Councilmembers must keep and turn in receipts within 30 days for which they seek reimbursement. The staff shall provide a periodic report of councilmember expenses to the Council.
2.07.060 COUNCIL TRAVEL POLICY.
All trips and meetings by individual council members not funded specifically in the City Budget shall be taken only following approval by a majority of the Council for the trip or meeting. Reimbursement or use of city credit cards for all travel and meeting expenses incurred by council members shall be in accordance with the City’s currently adopted Travel and Reimbursement Policy located within the Fiscal Procedures Manual, pursuant to AB1234.
This policy, in relevant parts, is also intended to cover requests for reimbursement from the City’s elected officials (Mayor, Mayor Pro Tem, Councilmembers and Treasurer) and to satisfy the requirements of Government Code section 53232.2. The City’s elected officials are not, under the law, eligible for certain benefits only provided to City employees under the Travel and Reimbursement Policy; these include the following:
- Job Training
- Compensable Time
- Travel Time
- Travel Advances
Elected officials having questions regarding eligibility for any specific category of reimbursement or benefit should direct their inquiry to the City Manager or City Attorney.
2.07.070 COUNCIL BUDGET.
The Council generally has a fixed amount in the City Council Budget. Expenses from other specific budget programs shall be based on individual need and appropriateness.
2.07.080 PUBLIC PRESENTATIONS.
The City is often asked to make presentations, speeches, announcements, and receive awards and recognition. The Mayor and Councilmembers shall have the primary responsibility for meeting these public presentation requirements on behalf of the City. Individual council members may represent the City before groups or organizations which have specifically invited them. The council member shall provide a report on the event at the next subsequent Council Meeting.
2.07.090 CLOSED SESSIONS.
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All Closed Sessions shall be conducted in accordance with the Brown Act. Matters discussed directly pertaining to the closed session item is confidential and shall not be disclosed except as is required or provided by the Brown Act or other applicable state or federal law.
Staff Report
City Council
Item No. 4.A
Meeting Date: November 13, 2024
From: Kevin Biersack, Financial Services Director
Title: CFD 2006-1, IA #22, Formation, Election and Ordinance Public Hearing RECOMMENDATION:
The City Council of the City of Cathedral City, acting on behalf of Improvement Area (IA) No. 22 of the City of Cathedral City Community Facilities District (CFD) 2006-1 (law enforcement, police, paramedic, park and general maintenance services), adopt the following:
•Resolution of Formation determining the validity of prior proceedings (Resolution 2024-40, Resolution of Intention)
•Resolution Calling for a Special Election
•Resolution Canvassing the Results of the Special Election •Introduce the 1st reading of an Ordinance Authorizing the Levy of a Special Tax
BACKGROUND:
On October 9, 2024, the City Council declared its intention to form Improvement Area No.22 of the City of Cathedral City Community Facilities District No. 2006-1 (law enforcement, fire, paramedic, park maintenance and general maintenance services) (“CFD”) for the purpose of paying for additional law enforcement, fire, paramedic, park and general maintenance services within areas of new development.
DISCUSSION:
A public hearing has been set for November 13, 2024. As directed in the resolution of intention, David Taussig & Associates, Inc. prepared the rate and method of apportionment (“RMA”), an analysis of the special tax to allow each property owner or resident, within the proposed district, to understand the annual amount required for payment.
New developments are conditioned to join CFD 2006-1 and will join through an annexation process. The annexations will be processed in a timely manner, as new developments go through the approval processes. If formed, this CFD will provide a secure source of funding for the services described above that may not be taken away should there be any State budget cuts. It is proposed this improvement area will be formed within the CFD for the Wren, a 204 multi-family unit project.
Provided there is no majority protest at this public hearing, the City Council may adopt the resolution forming the CFD. A waiver regarding election timelines from the property owner has been received, so an election can be held November 13, 2024 authorizing the levy of a special tax. Should the proposition for the CFD pass with a two-thirds vote from the qualified voters (the landowners) within the CFD, the City Council may have the first reading of an ordinance levying the special tax.
TABLE 1
Maximum Special Tax for Developed Property
For Fiscal Year 2024-2025
Improvement Area No. 22
Land Use Class Description Maximum Special Tax
1 Residential $669.50 per Equivalent
Dwelling Unit
2 Non-Retail Commercial/Industrial
Property
#0.1556 per SF of Floor Area
FISCAL IMPACT:
The proposed project is residential therefore, as identified in Table 1, the rate for Land Use Class of Residential, per Equivalent Dwelling Unit (“EDU”) for Fiscal Year (“FY”) 2024-2025, is $669.50. The non-retail commercial/industrial property special tax is not applicable. This special tax increases (but does not decrease) by the percentage change in the Consumer Price Index, not to exceed one percent (1%) per Fiscal Year.
The proposed IA No. 22, The Wren project will generate General Fund (100) annual revenue in the amount of $136,578.
FIVE-YEAR STRATEGIC PLAN:
This action will further Goal C – Fiscal Stability and Sustainability Objective - Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.
ATTACHMENTS:
1. Cathedral City CFD 2006-1, IA #22 - Resolution of Formation
2. CFD 2006-1 IA 22 Boundary Map – Recorded
3. Cathedral City CFD 2006-1, IA #22 - Resolution Calling a Special Election
4. Cathedral City CFD 2006-1, IA #22 - Resolution Canvassing Results of the Special Election
5. Cathedral City CFD 2006-1, IA #22 – Ordinance
6. RMA CFD 2006-1, IA #22
RESOLUTION NO. 2024-_____
RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE
CITY OF CATHEDRAL CITY DETERMINING THE VALIDITY OF
PRIOR PROCEEDINGS, ESTABLISHING IMPROVEMENT AREA NO.
22 OF THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES
DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE, PARAMEDIC,
PARK MAINTENANCE AND GENERAL MAINTENANCE SERVICES)
WHEREAS, the City Council (the “Council”) of the City of Cathedral City, California (the “City”), has heretofore adopted Resolution No. 2024-40 stating its intention to form Improvement Area No. 22 of the City of Cathedral City Community Facilities District No. 2006- 1 (law enforcement, fire, paramedic, park maintenance and general services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, a copy of Resolution No. 2024-40, incorporating a description and map of the proposed boundaries of The District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a portion of the cost of providing police protection services, fire protection/paramedic services and park maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory of proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and
WHEREAS, Resolution No. 2024-40 set October 9, 2024 as the date of the public hearing on the formation of the District and this Council held the said public hearing as required by law; and
WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was presented to the Council on said matters before it, and this Council at the conclusion of said hearing is fully advised in the premises;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Pursuant to Section 53325.1(b) of the Government Code, the Council finds and determines the proceedings prior hereto were valid and in conformity with the requirements of the Act.
Section 2. A community facilities district to be designated “Improvement Area No. 22 of the City of Cathedral City Community Facilities District No. 2006-1 (law enforcement, fire, paramedic, park maintenance and general maintenance services)” is hereby established pursuant to the Act.
2 Section 3. The description and map of the boundaries of the District on file in the City Clerk’s office and as described in said Resolution No. 2024-40 and incorporated herein by reference, shall be the boundaries of the District. The map of the proposed boundaries of the District has been recorded in the Office of the County Recorder of Riverside County, California in Book 94 page 41 of the Book of Maps of Assessments and Community Facilities Districts (Instrument Number 2024-0312688).
Section 4. Except where funds are otherwise available, there shall be levied annually in accordance with procedures contained in the Act, a special tax sufficient to finance a portion of the cost of providing police protection, fire protection/paramedic and park maintenance services that are in addition to those provided in the territory within The District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District. The rate and method of apportionment of the special tax and manner of collection is described in detail in Exhibit “A” attached hereto and incorporated herein by this reference. The special tax shall be utilized to pay for authorized services.
Section 5. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the Council hereby establishes the following accountability measures pertaining to the levy by the District within the District of the special tax:
A. Such special tax shall be levied for the specific purposes set forth herein.
B. The proceeds of the levy of such special tax shall be applied only to the specific purposes set forth herein.
C. The District shall establish an account or accounts into which the proceeds of such special tax shall be deposited.
D. The City Manager, or his or here designee, acting for and on behalf of the District, shall annually file a report with the Council as required pursuant to Government Code Section 50075.3.
Section 6. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all real property in the District, and this lien shall continue in force and effect until the special tax obligation is canceled in accordance with law or until collection of the tax by the City ceases.
Section 7. The Council finds that the proposed public services are necessary to meet the increased demand put upon the City as a result of the development within the District.
Section 8. The Council finds that there is not an ad valorem property tax currently being levied on property within the proposed the District for the exclusive purpose of financing police, fire, paramedic and park maintenance services.
Section 9. Written protests against the establishment of the District, or against the furnishing of specified services or facilities or the levying of a specified special tax within the 3 District, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within the proposed the District.
Section 10. Written protests against the future annexation of the Future Annexation Area, or against the furnishing of specified services or facilities or the levying of a specified special tax within such Future Annexation Area, have not been filed by fifty percent (50%) or more of the registered voters or property owners of one-half (1/2) or more of the area of land within the Future Annexation Area.
Section 11. The Office of the City Manager, 68700 Avenida Lalo Guerrero, Cathedral City, California 92234, (760) 770-0340, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code.
Section 12. The City Clerk is directed to certify and attest to this Resolution and to take any and all necessary acts to call, hold, canvass and certify an election or elections on the levy of the special tax, and the establishment of the appropriation limit.
PASSED, APPROVED and ADOPTED this 13th day of November, 2024 by the following votes:
AYES:
NOES:
MAYOR
ATTEST:
CITY CLERK
4 APPROVED AS TO FORM:
_____________________________
CITY ATTORNEY
REVIEWED:
_____________________________
CITY MANAGER
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
SHEET 1 OF 1
DRIVE PALM
DATE
30TH
HHHHHHH
AVENUE
Assessor Parcel within
HHHH
Improvement Area No. 22: 670-110-043
ROSEMOUNT ROAD SIERRA PL.
DRIVE ALEXANDER
PROPOSED BOUNDARIES OF IMPROVEMENT AREA NO. 22 OF CITY OF CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (THE WREN)
WINTER DRIVE
Prepared by DTA
DRIVE WINTER
COUNTY OF RIVERSIDE STATE OF CALIFORNIA
ROSEMOUNT
LEGEND
Reference is hereby made to the Assessor maps of the County of Riverside for a description of the lines and dimensions of each lot and parcel.
SAN ELJAY AVE.
Proposed Boundaries of Improvement Area No. 22 of City of Cathedral City Community Facilities District No. 2006-1 Assessor Parcel Line ROAD uAYAVE
(1) Filed in the office of the City Clerk of the City of Cathedral City this qth_ day of Dtober By
(2) I hereby certify that the within map showing the proposed boundaries of Improvement Area No. 22 of City of Cathedral City Community Facilities District No. 2006-1 (The Wren), Riverside County, State of California, was approved by the City Council at a regular meeting thereof, held on this th day of totobor 2024, by its Resolution No. 2024-40 CopY
Tracey R. Hermosillo, CMC, City Clerk of Cathedral City Tracey R. Hermosillo, CMC, City Clerk of Cathedral City (3) Filed this I7+h day of October 2024, at the hour of 10:47 o'clock am, in Book 94 of Maps of Assessment and Community Facilities Districts at page 41 and as Instrument No. 024-0312088 in the office of the County Recorder of Assessor-County Clerk-Recorder of Riverside County Peter Aldana Fee # 9-00
2024.
Deputy
q4
Riverside County, State of California.
RESOLUTION NO. 2024-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ACTING ON BEHALF OF IMPROVEMENT AREA
NO. 22 OF THE CITY OF CATHEDRAL CITY COMMUNITY
FACILITIES DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE,
PARAMEDIC, PARK MAINTENANCE AND GENERAL
MAINTENANCE SERVICES) CALLING A SPECIAL ELECTION
WHEREAS, the City Council (the “Council”) of the City of Cathedral City, California (the “City”), has heretofore adopted Resolution No. 2024-40 stating its intention to form Improvement Area No. 22 of the City of Cathedral City Community Facilities District No. 2006- 1 (law enforcement, fire, paramedic, park maintenance and general maintenance services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, a copy of Resolution No. 2024-40, incorporating a description and map of the proposed boundaries of the District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a portion of the cost of providing police protection, fire protection/paramedic and park maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and
WHEREAS, on November 13, 2024 this Council held a noticed hearing as required by law relative to the proposed formation of the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and
WHEREAS, this Council adopted its Resolution No. 2024-______ (the “Resolution of Formation”) determining the validity of prior proceedings and establishing the District; and WHEREAS, the proposed special tax to be levied upon property within the District to finance the above referenced public services has not been precluded by protest of the owners of one-half (1/2) or more of the area of land within the District; and WHEREAS, this Council wishes to present to the qualified electors of the District a proposition to levy special taxes on property within the District;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of the District a proposition (the “Proposition”) to levy special taxes on property within the District in accordance with the rate and method specified in the Resolution of Formation. The Proposition is attached as Exhibit “A.” Section 2. A special election is hereby called for the District on the Proposition set forth in Section 1 above.
Section 3. The City Clerk shall hand deliver the ballot to the landowner immediately upon the adoption of this Resolution or shall have mailed the ballot in advance.
Section 4. The date of the special election for the District on the Proposition shall be on November 13, 2024. The voter ballot shall be returned to the City Clerk at 68700 Avenida Lalo Guerrero, Cathedral City, California 92234, no later than 5:30 o’clock p.m. on November 13, 2024.
Section 5. The Council finds and determines that there were no registered voters residing within the territory of proposed District at the time of the protest hearing and ninety (90) days prior thereto.
Section 6. The District shall constitute a single election precinct for the purpose of holding said election.
Section 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Cathedral City, as the elections official.
PASSED, APPROVED and ADOPTED this 13th day of November, 2024 by the following votes:
AYES:
NOES:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
_____________________________
CITY ATTORNEY
REVIEWED:
_____________________________
CITY MANAGER
RESOLUTION NO. 2024-_____
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ACTING ON BEHALF OF IMPROVEMENT AREA
NO. 22 OF THE CITY OF CATHEDRAL CITY COMMUNITY
FACILITIES DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE,
PARAMEDIC, PARK MAINTENANCE AND GENERAL
MAINTENANCE SERVICES) CANVASSING THE RESULTS OF THE
SPECIAL ELECTION HELD WITHIN SAID DISTRICT
WHEREAS, the City Council of the City of Cathedral City, California (the “Council”) has previously conducted proceedings pertaining to the formation of Improvement Area No. 22 of the City of Cathedral City Community Facilities District No. 2006-1 (law enforcement, fire, paramedic, park maintenance and general maintenance services) (the “District”), the rate and method of apportionment of a special tax to finance a portion of the cost of providing certain public services, and the calling of a special election in regard to the foregoing; and WHEREAS, on November 13, 2024 a special election was held within the District regarding the rate and method of apportionment of the proposed special tax; and WHEREAS, at such special election the proposal for the rate and method of apportionment and manner of collection of the special tax for the District was approved by the qualified electors of the District;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. It is hereby determined that the election conducted within the District was duly conducted.
Section 2. The Council, acting as the legislative body of the District, is authorized to levy the special tax on behalf of District, as specified in Resolution No. 2024- __ adopted by the City Council on November 13, 2024.
PASSED, APPROVED and ADOPTED this 13th day of November, 2024 by the following votes:
AYES:
NOES:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
_____________________________
CITY ATTORNEY
REVIEWED:
_____________________________
CITY MANAGER
ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2006-1 (LAW
ENFORCEMENT, FIRE, PARAMEDIC, PARK MAINTENANCE AND
GENERAL MAINTENANCE SERVICES) OF THE CITY OF
CATHEDRAL CITY AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN SAID DISTRICT
WHEREAS, on October 9, 2024, the City Council (the “Council”) of the City of Cathedral City, California (the “City”) adopted Resolution No. 2024-40 stating its intention to form Improvement Area No. 22 of the City of Cathedral City Community Facilities District No. 2006-1 (law enforcement, fire, paramedic, park maintenance and general maintenance services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, notice was published as required by law relative to the intention of the Council to form the district; and
WHEREAS, on November 13, 2024 this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the district and the rate and method of apportionment and manner of collection of the special tax to be levied within the District to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the district were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2024- __ (the “Resolution of Formation”) determining the validity of prior proceedings relative to the formation of the district and establishing the district; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2024- __ which called an election within the district for November 13, 2024 on the proposition of levying a special tax; and
WHEREAS, on November 13, 2024, an election was held within the district in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cathedral City as follows:
Section 1. A special tax is levied within the boundaries of the district pursuant to the formula set forth in Exhibit “A” attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing police protection, fire protection/paramedic and park maintenance services that are in addition to those provided in the territory within the district prior to the formation of the district.
Section 2. This legislative body is hereby further authorized to provide, by resolution adopted as provided in Section 53340 of the Act, for the levy of the special tax in the then current tax year or future tax years, except that the special tax rates to be levied shall not exceed the maximum rates set forth in Exhibit “A”.
Section 3. All the collections of the special tax shall be used as provided for in the Act and the Resolution of Formation.
Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes.
Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.
Section 6. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor, and the Treasurer-Tax Collector of Riverside County.
PASSED, APPROVED and ADOPTED this 13th day of November, 2024 by the following votes:
AYES:
NOES:
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
_____________________________
CITY ATTORNEY
REVIEWED:
_____________________________
CITY MANAGER
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
City of Cathedral City August 22, 2024
IA No. 22 of CFD No. 2006-1 (The Wren) Page 1
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 22 OF
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(THE WREN)
OF THE CITY OF CATHEDRAL CITY
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Improvement Area No. 22 (“IA No. 22”) of Community Facilities District No. 2006-1 of the City of Cathedral City ("CFD No. 2006-1") and collected each Fiscal Year commencing in Fiscal Year 2024-2025, in an amount determined by the Council through the application of the appropriate Special Tax for "Developed Property" as described below. All of the real property in IA No. 22, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of IA No. 22 : the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, IA No. 22 or any designee thereof of complying with City or IA No. 22 disclosure requirements; the costs associated with re sponding to public inquiries regarding the Special Taxes; the costs of the City, IA No. 22 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or IA No. 22 for any other administrative purposes of IA No. 22, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for the annual administration of IA No. 22 as provided herein.
City of Cathedral City August 22, 2024
IA No. 22 of CFD No. 2006-1 (The Wren) Page 2
"CFD No. 2006-1" means Community Facilities District No. 2006-1 of the City.
"City" means the City of Cathedral City.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2006-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued after March 1, 2024 and prior to May 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Floor Area" for any Non -Residential Property means the total square footage of the building(s) located on such property, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel.
"Improvement Area No. 22" means Improvement Area No. 22 of CFD No. 2006-1 (The Wren), as identified on the boundary map for CFD No. 2006-1.
"Land Use Class" means any of the classes listed in Table 1.
"Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C.1 below, which can be levied in any Fiscal Year on any Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels for which a building permit(s) was issued for a non-residential use.
"Non-Retail Commercial/Industrial Property" means all Assessor’s Parcels of Developed Property that are considered Non -Residential Property and that are not Retail Commercial Property.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of IA No. 22 that was owned by or irrevocably offered for City of Cathedral City August 22, 2024
IA No. 22 of CFD No. 2006-1 (The Wren) Page 3
dedication to a property owner association, including any master or sub -association, as of January 1 of the previous Fiscal Year.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of IA No. 22 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of IA No. 22 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor’s Parcels of Non -Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator. Howeve r, if the land use of an Assessor’s Parcel changes and such Assessor’s Parcel no longer generates retail sales tax, such Assessor’s Parcel shall no longer be considered Retail Commercial Property and shall be classified and taxe d according to its use, as determined by the CFD Administrator.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 22 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.
"Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County’s assessor’s roll finalized as of the last preceding January 1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within IA No. 22 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance City of Cathedral City August 22, 2024
IA No. 22 of CFD No. 2006-1 (The Wren) Page 4
with the rate and method of apportionment determined pursuant to Section C.
Residential Property shall be assigned to Land Use Class 1. Non -Retail Commercial/Industrial Property shall be assigned to Land Use Class 2.
C. MAXIMUM SPECIAL TAX
1. Developed Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2024-2025 for each Land Use Class is shown below in Table 1.
TABLE 1
Maximum Special Tax for Developed Property
For Fiscal Year 2024-2025
Improvement Area No. 22
Land Use Class Description Maximum Special Tax
1 Residential Property $669.50 per unit
2 Non-Retail
Commercial/Industrial Property
$0.1556 per square foot of Floor
Area
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2025, the Maximum Special Tax shall be increased (but not decreased) by the percentage change in the Consumer Price Index not to exceed one percent (1%) per Fiscal Year.
c. Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.
2. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
City of Cathedral City August 22, 2024
IA No. 22 of CFD No. 2006-1 (The Wren) Page 5
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the Council shall levy the Special Tax on each Assessor’s Parcel of Developed Property at 100% of the applicable Maximum Special Tax.
E. EXEMPTIONS
No Special Tax shall be levied on Retail Commercial Property, Property Owner Association Property, Public Property, or any Assessor’s Parcel that has a Welfare Exemption. However, should an Assessor’s Parcel no longer be classified as Retail Commercial Property, Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund t o the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, pro vided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
G. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that IA No. 22 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
City of Cathedral City August 22, 2024
IA No. 22 of CFD No. 2006-1 (The Wren) Page 6
H. TERM OF SPECIAL TAX
The Council is authorized to levy the Special Tax in perpetuity.
Staff Report
City Council
Item No. 5.A
Meeting Date: November 13, 2024
From: John A. Corella, Director of Public Works
Title: Amendment No. 2 to the Reimbursement Agreement by and Between the City of Cathedral City and CVAG for the Da Vall Drive Interchange with I-10 Project Study Report and Close Out Update.
RECOMMENDATION:
To authorize the Mayor and City Manager to execute Amendment No. 2 to the reimbursement agreement by and between the City of Cathedral City and the Coachella Valley Association of Governments (CVAG) for the Da Vall Drive Interchange with I-10 project study report (PSR).
BACKGROUND:
The Da Vall Interchange Project is proposing to construct a new interchange at Da Vall Drive on Interstate 10 (I-10) and includes two (2) bridges over I-10 and the Union Pacific Railroad (UPRR), respectfully, as well as the street extension and widening along Da Vall Drive. The limits of the project will generally extend from the existing Ramon Road and Da Vall Drive intersection, northerly across UPRR and I-10, to a new intersection with Varner Road.
In April 2009 the City Council approved a reimbursement agreement by and between the City of Cathedral City and the Coachella Valley Association of Governments (CVAG) for the Da Vall Drive/ I-10 Interchange project – project study report (PSR) Phase. At that time, CVAG’s Interchange Improvement Preparation Fund funded all PSR work. The agreement provided for 100% regional funding, up to $1.3 million, to complete the PSR for the interchange project.
Work began in summer of 2009 with the PSR traffic analyses, and design alternatives. In February 2011, CVAG requested that all work on the project cease due to funding constraints. In addition, due to State funding changes and requirements, Caltrans was not able to spend State funds to subside locally funded projects. As a result, to be able to continue its review work on the PSR, Caltrans submitted an estimate of $190,000 for their oversight services for the PSR.
On June 4, 2018, the City and CVAG executed Amendment No. 1 to the reimbursement agreement for an amount not-to-exceed of $190,000 for Caltrans’ oversight, and the project re-started in 2018.
DISCUSSION:
Between the years 2018 and 2023 city staff and consultants (NAI Consulting and TY Lin International) worked together to complete the PSR.
The PSR featured four (4) design alternatives (one (1) no build alternative and three (3) build alternatives) with estimated construction costs ranging from $200M – $220M. A summary table of the alternatives 1-4 that were generated and their respective cost for project approval & environmental document (PA&ED), right of way acquisition, and construction phases is as follows:
Alternative-Design PA&ED Right of Way Construction
Alt 1- No Build $0.0M $0.0M $0.0M
Alt 2-Partial Cloverleaf Interchange $9.2M $5M-10M $200M-$210M Alt 3-Diamond Interchange $8.6M $5M-10M $190M-$200M
Alt 4-Single Point Urban Interchange $9.7M $5M-10M $210M-$220M The next step in the project if it were to proceed today is the PA&ED phase. The estimated time to complete the PA&ED phase is forty-five (45) months with an estimated cost ranging from $8.6 million to $9.7 million as shown in the above table depending on the design alternative selected. Subsequent cooperative funding agreements with other agencies will be necessary to continue with future phases of the project, including PA&ED; plans, specifications and estimates (PS&E); and then construction.
On May 17, 2023, the PSR was approved by Caltrans. During the development of the PSR, the city performed a value analysis study to identify value adding features by reducing cost or schedule. Caltrans requested the scope for this study to also be included in the City’s cooperative agreement with Caltrans for completeness. For this added scope, Caltrans requested an additional $20,000 to complete the project study report-project development support (PSR/PDS) phase. In addition, due to the schedule delays associated with the final Caltrans approval, the City experienced additional internal costs to close out the PSR/PDS phase.
The City requested CVAG's consideration to fund 100% of the total final costs of the project.
CVAG accepted this request and thus Amendment No. 2 will increase the total CVAG share for the agreement to $1,531,974.09, as detailed in the table below:
Previously obligated authorized funds (100%) $ 1,300,000.00 Obligated under Amendment No. 1 (100%) $ 190,000.00
Proposed for Amendment No. 2 (100%) $ 41,974.09
Revised Total Amount $ 1,531,974.09
The city’s request for Amendment No. 2 was recommended for approval by CVAG Transportation Committee on August 26, 2024, and approved by CVAG’s Executive Committee on September 30, 2024.
Staff is recommending City Council authorize the Mayor and City Manager to execute the Amendment No. 2 to the reimbursement agreement by and between the City of Cathedral City and the Coachella Valley Association of Governments (CVAG) for the Da Vall Drive Interchange with I-10 project study report (PSR).
FISCAL IMPACT:
The project is currently identified and funded from the Capital Improvement Program Fund 331-100-150-156-8600-8601 with all costs reimbursed by CVAG.
Amendment No. 2 requests an additional budget adjustment in the amount of $41,974.09 be added to the reimbursement agreement, thus raises CVAG’s obligation from $1,490,000 to $1,531,874.09.
DESCRIPTION GENERAL LEDGER
ACCOUNT CODES
PROJECT
CODE
AMOUNT ONE TIME or
ONGOING
2024-2025
Capital
Improvement
Program
331-100-150-156-
8600-8601 C01010 41,974.09 One Time
FIVE-YEAR STRATEGIC PLAN:
GOAL B: COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.
ATTACHMENTS:
1. CVAG 99-264-02 Reimbursement Agreement Amendment Number 2
2. CVAG Staff Report – Executive Committee Meeting 09/30/2024
3. Da Vall Drive Interchange with I-10 Project Study Report – Introduction Sheets Contract No.: CVAG-99-264-02
AMENDMENT NUMBER TWO
TO THE REIMBURSEMENT AGREEMENT
BY AND BETWEEN CATHEDRAL CITY AND CVAG
FOR THE DA VALL DRIVE INTERCHANGE WITH I-10 PROJECT STUDY REPORT
This AMENDMENT NUMBER TWO is made and entered into this 30th day of September 2024, by and between Cathedral City (Lead Agency) and the Coachella Valley Association of Governments, a California joint powers agency (CVAG) , and is made with reference to the following background facts and circumstances. All other terms and conditions shall remain the same as stated in the original Agreement dated April 1, 2009 for the Da Vall Drive Interchange With I-10 Project Study Report.
1. This Amendment Number Two authorizes the additional scope of services as outlined in Exhibit A-1 Cathedral City letter dated June 26 , 2024 for the not -to- exceed amount of $ 41,974.09. The total amount payable shall not exceed $1,531,874.09.
CVAG Approval Date Amount
Original Agreement April 1, 2009 $1,300,000.00
Amendment Number One June 4, 2018 $ 190,000.00
Amendment Number Two September 30, 2024 $ 41,974.09 Total Contract not-to-exceed $1,531,874.09
IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Two to be executed by their duly authorized representatives on the above-reference date.
ATTEST CITY OF CATHEDRAL CITY
By: ___________________________ By: ___________________________ Charlie McClendon, City Manager Mark Carnevale, Mayor
ATTEST COACHELLA ASSOCIATION OF
GOVERNMENTS
By: _______________________________ By: _____________________________ Tom Kirk, Executive Director Ted Weill, CVAG Chair
cvag chair (Sep 30, 2024 17:44 PDT)
Tom Kirk (Oct 1, 2024 08:42 PDT)
Contract No.: CVAG-99-264-02
Exhibit A-1
June 26, 2024 Letter from Cathedral City
See following pages.
68-700 Avenida Lalo Guerrero · Cathedral City · California · 92234 www.cathedralcity.gov
June 26, 2024
Jonathan Hoy
Director of Transportation
Coachella Valley Association of Governments
73710 Fred Waring Drive
Palm Desert, CA 92260
Subject: Request for Amendment Number Two to the Agency Reimbursement Agreement for the Da Vall Drive/Interstate 10 Interchange Project – Project Study Report Phase
Dear Mr. Hoy,
The City of Cathedral City respectfully requests Amendment Number Two to the Agency Reimbursement Agreement by and between the Coachella Valley Association of Governments (CVAG) and the City of Cathedral City (City) for the Da Vall Drive/Interstate 10 Interchange Project to increase CVAG's regional share of project costs fo r the completion of the Project Initiation Documents and Project Study Report (PSR-PDS).
The City is pleased to inform CVAG that the PSR-PDS is complete. Caltrans has approved the PSR-PDS on May 17, 2023.
During the development of the PSR -PDS, the City performed a Value Analysis Study in order to identify value adding features by reducing cost or schedule. Caltrans requested the scope for this study to also be included in the City’s Cooperative Agreement with Caltrans for completeness. For this added scope, Caltrans requested an additional $20,000.00 to complete the PSR -PDS. In addition, due to the schedule delays associated with the final Caltrans approval, the City experienced additional internal costs to close out the PSR/PDS Phase.
The City requests CVAG's consideration to fund 100% of the total final costs of the project.
This Amendment Number Two will increase the total CVAG share for the Agreement to $1,531,974.09, as detailed in the table below. A copy of the final invoice is attached to the request for additional information.
Previously obligated authorized funds (100%) $ 1,300,000.00 Obligated under Amendment Number One (100%) $ 190,000.00 Proposed for Amendment Number Two (100%) $ 41,974.09
Revised Total Amount for this Project $ 1,531,974.09
According to the final PSR/PDS, the cost of the next phase, Project Approval and Environmental Documents (PA&ED), is estimated to be on the order of $10M. At this time the City is evaluating current budget demands and has not identified City resources for the City’s 25% share of the next phase of the
68-700 Avenida Lalo Guerrero · Cathedral City · California · 92234 www.cathedralcity.gov
project. Once these funds are identified, the City will submit a subsequent request to CVAG for consideration to start the next phase.
For questions regarding this request, you may c ontact Josh Nickerson, at (760) 323-5344 or email at [email protected].
Sincerely,
Armando J. Garcia Baldizzone, P.E.
City Engineer
ITEM 7C
Coachella Valley Association of Governments
Executive Committee
September 30, 2024
STAFF REPORT
Subject: Interstate 10/ Da Vall Interchange Project Study Report (PSR)
Contact: Randy Bowman, Assistant Director of Transportation ([email protected])
Recommendation: Authorize the Chair and Executive Director to execute Amendment No. 2 to the Reimbursement Agreement with the City of Cathedral City for the Da Vall Drive/ I- 10 Interchange Project – Project Study Report Phase for an additional not -to-exceed amount of $41,974.09
Transportation Committee: Concurred (Meeting of August 26) Background: In April 2009, the CVAG Executive Committee approved a Reimbursement Agreement with Cathedral City for the Da Vall Drive/ I -10 Interchange Project – Project Study Report (PSR) Phase. At that time, CVAG’s Interchange Improvement Preparation Fund funded all PSR work. The agreement provided for 100% regional funding, up to $1.3 million, to complete the PSR for the interchange project.
Work began in the summer of 2009. In February 2011, CVAG requested that all work on the project cease due to funding limitations. Other CVAG interchange projects in the PSR phase were placed on hold as well. At the time, the Da Vall PSR phase of the project was approximately 35% complete.
Prior to the work stoppage in 2011, Cathedral City had an agreement with Caltrans that provided for oversight of the PSR process at no charge to the City. In 2011, Caltrans determined that they would no longer spend state funds subsidizing locally funded projects, and consequently submitted an estimate of $190,000 for Caltrans review of the PSR process. On June 4, 2018, the Executive Committee authorized Amendment No. 1 for an amount not-to-exceed of $190,000.
The City has since informed CVAG that the PSR is complete. Caltrans approved the PSR on May 17, 2023. During the development of the PSR, the City performed a Value Analysis Study in order to identify value adding features by reducing cost or schedule. Caltrans requested the scope for this study to also be included in the City’s Cooperative Agreement with Caltrans for completeness.
For this added scope, Caltrans requested an additional $20,000 to also complete a Project Study Report-Project Development Support (PSR-PDS). In addition, due to the schedule delays associated with the final Caltrans approval, the City experienced additional internal costs to close out the PSR/PDS Phase.
The City is now requesting an amendment to c omplete this initial phase of the project. This will also help the City identify potential alternatives and define a project well enough to explore external funding opportunities.
While the improvements on Da Vall Drive from Varner Road to Ramon Road do not currently score more than nine points on the 2016 TPPS, the interchange project was approved for funding under CVAG’s Interchange Improvement Preparation Fund in 2009. The highest scoring project in the 2016 TPPS had 15 points, with 12 points needed to make the top ten percent. At least one potential interchange alignment, and all of the proposed Da Vall Drive improvements, are anticipated to take place within Cathedral City and Riverside County and a small portion of Tribal land. Widening of Da Vall within the City of Rancho Mirage has already either taken place or has been conditioned as part of another development.
Staff is recommending approval of Amendment No. 2. If the project moves past this stage, Cathedral City will require a new Reimbursement Agreement with CVAG to move into the Project Assessment and Environmental Design (PAED) phase of the project.
Fiscal Analysis: The Caltrans oversight cost was not included in the initial Reimbursement Agreement, and it was an estimate included in Amendment No. 1. Cathedral City has received the final invoice for the PSR and requests an additional $41,974.09 be added to the Reimbursement Agreement with CVAG. This raises CVAG’s obligation from $1, 490,000 to $1,531,874.09. CVAG has sufficient funding available to cover the additional, not -to-exceed amount of $41,974.09.
Attachments:
1. Reimbursement Agreement Amendment No. 2
2. Letter from Cathedral City Requesting Amendment No. 2, dated June 26, 2024
Project No. 0800001007 (EA 08-0M680K)
New Da Vall Drive Interchange 08 - Riv - 10 – 39.5/43.4 Project Study Report – Project Development Support
March 2023
1 1. INTRODUCTION
Project Description:
City of Cathedral City (City), in cooperation with California Department of Transportation (Caltrans) District 8, City of Ranch o Mirage and County of Riverside, is proposing to construct a new interchange at Da Vall Drive on Interstate 10 (I-10). The project will include bridges over I-10 and the Union Pacific Railroad (UPRR), and street extension and widening along Da Vall Drive. The limits of the project will generally extend from the existing Ram on Road/Da Vall Drive intersection, northerly across I-10 and UPRR, to a new intersection with Varner Road. The project will also include utility relocat ions, right-of-way acquisition, flood control improvements (crossing over the Moron go Wash and Willow Hole floodplains), traffic signals, and ramp metering systems. In addition, auxiliary lanes along I-10 between Da Vall Drive and its adjacent interchanges may be required.
There are four alternatives that are considered for further study in the Project Approval & Environmental Document (PA&ED) phase. These alternatives are:
• Alternative 1: No build
• Alternative 2: Partial cloverleaf interchange
• Alternative 3: Diamond interchange
• Alternative 4: Single point urban interchange
Da Vall Drive is included in Coachella Valley Assoc iation of Governments’ (CVAG) overall Master Plan and has received high ra nking among proposed interchanges in their Transportation Project Prioritization Study (with 13 Criteria Points). As a result, CVAG is providing all the funding for this phase of the work.
The funding source for the next phases has not been identified but the Project will most likely be funded by a combination of local, st ate, and federal funds. Caltrans will provide oversight through the construction phase of the Project.
Project No. 0800001007 (EA 08-0M680K)
New Da Vall Drive Interchange 08 - Riv - 10 – 39.5/43.4 Project Study Report – Project Development Support
March 2023
2 Table 1: Summary of the PSR-PDS Key Information
Project Limits 8-RIV -10 -PM -39. 5/4 3. 4
Number of Alternatives 4 (No Build Alternative and 3 Build Alternatives )
Current Capital Outlay
Support Estimate for
PA&ED
Alt 2: $9.2M
Alt 3: $8.6M
Alt 4: $ 9.7 M
Current Capital Outlay
Construction Cost
Range
Alt 2: $200M-$210M
Alt 3: $190M-$200M
Alt 4: $ 21 0M-$220M
Current Capital Outlay
Right-of-Way Cost
Range
Alt 2: $5M-$10M
Alt 3: $5M-$10M
Alt 4: $5M-$10M
Funding Source Local and Eastern Riverside County
Transportation Uniform Mitigation Fee
(TUMF )
Type of Facility Freeway interchange with local arterial improvements
Number of Structures 3
Anticipated
Environmental
Determination or
Document
California Environmental Quality Act
(CEQA) Environmental Impact Report
(EIR) and National Environmental
Policy Act (NEPA) Routine
Environmental Assessment
Legal Description In Riverside County in and near the
City of Cathedral City on Interstate 10
from PM 39.5 west of Date Palm Drive
to PM 43.4 east of Bob Hope Drive
Project Development
Category
3 The remaining capital outlay support, right-of-way, and construction components of the project are preliminary estimates and are not suitable for programming purposes.
Either a Project Report or a supplemental Project I nitiation Document (PID) following the format of a PSR will serve as the pro gramming document for the remaining components of the project. A Project Report will serve as approval of the “selected” alternative.
The City and Caltrans have an executed cooperative agreement dated 5/10/2019 to complete a Project Study Report-Project Development Support (PSR-PDS) for PID.
Subsequent cooperative agreements will need to be d eveloped for future phases of the project, including PA&ED; Plans, Specifications & Estimates (PS&E); and Construction.
Project No. 0800001007 (EA 08-0M680K)
New Da Vall Drive Interchange 08 - Riv - 10 – 39.5/43.4 Project Study Report – Project Development Support
March 2023
3 O
ther approvals required are:
• P roject Approval and Environmental Document (PA&ED)
• N ew Connection Report
• P lans, Specifications & Estimate (PS&E)
• C onstruction
Staff Report
City Council
Item No. 5.B
Meeting Date: November 13, 2024
From: John A. Corella, Director of Public Works
Title: Contract Award to Cal Stripe Inc. for Citywide Pavement Striping, Markings and Markers on City Arterial and Collector Streets.
RECOMMENDATION:
To award a construction contract to Cal Stripe Inc. in the amount of $199,965 to provide Citywide Pavement Striping, Markings and Markers and approve a construction contingency in the amount of $26,035 for unforeseen construction related cost, for a total encumbrance of $226,000; and, approve a budget adjustment in the amount of $113,000 from the State Gas Tax Fund, and $113,000 from Measure A Fund; and, authorize the City Manager to execute the contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.
BACKGROUND:
Pavement striping, markings, and markers help drivers identify the direction of travel, convey roadway information, and guide them safely through the city. Street striping and markings are done by the application of paint on the roadway. It is recommended that roadways be re- striped every 2-3 years due to natural deterioration from daily traffic and the desert’s extreme climate conditions. Exposure to such conditions causes the street striping to fade and reflective pavement markers to break off from city streets. With striping less visible, the direction of travel can become difficult for drivers to follow, creating challenging roadway conditions. The City’s last pavement striping project was performed in January 2022.
DISCUSSION:
It has been almost three years since the last citywide pavement striping contract was completed. Visual assessment of the city’s current roadway striping conditions by staff has confirmed that it is time to once again re-stripe the city streets. To address the current striping conditions, city staff requested bids from qualified contractors to provide the installation of painted striping, markings, and raised pavement markers on thirty-one (31) roadway segments throughout the city.
City staff advertised an invitation to bid, requesting qualified contractors to perform the described scope of work found in the bid specifications for this project. This solicitation was made available to contractors for nineteen (19) calendar days and advertised in the following publications:
•Desert Sun –Published on October 04 and October 11, 2024 •Planit Printworks Plan Room
•City’s Website
On October 23, 2024, the City received three (3) bid proposals for this project. Based on the bids received, Cal Stripe Inc. of Colton, CA, is the lowest responsive bidder. A bid tabulation is attached for reference to this staff report. The following tables rank each qualified bidder by total price:
Contractor Bid Amount Rank
Cal Stripe Inc., Colton CA $199,965 1
Superior Pavement Markings, Cypress CA $296,096 2
PCI, Azusa CA $487,834 3
City staff is recommending the City Council award a construction contract to Cal Stripe Inc. in the amount of $199,965 to provide Citywide Pavement Striping, Markings and Markers and approve a construction contingency in the amount of $26,035 for unforeseen construction related cost, for a total encumbrance of $226,000; and, approve a budget adjustment in the amount of $113,000 from the State Gas Tax Fund, and $113,000 from Measure A Fund; and, authorize the City Manager to execute the contract documents; and, authorize the City Engineer to request bonds and insurance for the Project, and issue the Notice to Proceed.
FISCAL IMPACT:
A summary of the Project construction cost is shown below:
Bid Construction Cost $199,965
Contingency $ 26,035
Total Construction Cost $226,000
Staff programmed $226,000 for the pavement striping project in the FY2023-2024 budget.
The programmed funds were not utilized and were returned to the fund balance at the end of the FY 2023-2024 budget. Staff is requesting a budget adjustment for FY2024-2025 budget in the amount of $226,000 ($113,000 from the State Gas Tax Fund and $113,000 from Measure A Fund).
The following table summarizes the funding for the Project:
FISCAL
YEAR
DESCRIPTION GENERAL
LEDGER
ACCOUNT
CODE
PROJECT
CODE
AMOUNT ONE TIME
or
ONGOING
2024-2025 State Gas Tax
Fund
241-400-460-
461-8300-8301 C08687 $99,982.50 One Time
2024-2025 Measure A
Fund
243-400-460-
461-8300-8301 C08687 $99,982.50 One Time
2024-2025 State Gas Tax 241-400-460- C08687 $13,017.50 One Time Fund
(Contingency)
461-8300-8301
2024-2025
Measure A
Fund
(Contingency)
243-400-460-
461-8300-8301 C08687 $13,017.50 One Time
2024-2025 Total $226,000.00
FIVE-YEAR STRATEGIC PLAN:
GOAL B: COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.
ATTACHMENTS:
1. Contract - Cal Stripe Inc.
2. Bid Tabulation – 2024 Pavement Striping
Agreement 1300-1
SECTION 1300
AGREEMENT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein referred to as " City”, and Cal Stripe Inc. , herein referred to as, "Contractor."
W I T N E S S E T H:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for CITYWIDE PAVEMENT STRIPING, MARKINGS AND MARKERS PROJECT BID NO. B24-73E CITY PROJECT NO. C08687, (the “Work”), in the City of Cathedral City, California. The Work shall be done in strict conformity with this Contract, approved Change Orders, the Invitation to Bid dated October 4, 2024, Instruction to Bidders, permits issued by the City or other agencies, the General and Specific Project Requirements, Standard Specifications, Plans, Referenced Specifications, the General Conditions, Supplementary Conditions, the Contractor’s Bid dated October 23, 2024, and any addenda thereto (the “Contract Documents”), all of which shall be considered a part hereof as though fully set herein.
2. Contractor will comply with all Federal, State, County, and City of Cathedral City laws, regulations, and policies, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a workman-like manner and to the satisfaction of the City Engineer.
4. Time is of the essence in the Contractor’s performance of the Work for this Contract. The contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City. The contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work completed within Seventy-Five (75) Calendar Days from the date of Notification to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total consideration to Contractor for all Work shall no exceed One Hundred Ninety-Nine Thousand Nine Hundred Sixty -Five Dollars and Zero Cents($199,965.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and procedures provided in the Contract Documents.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem wages, as determined by the State of California Department of Industrial Relations and referred to in the Invitation to Bid, to any workman employed for the work t o be performed under this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor under him in violation of this provision
Agreement 1300-2
(Sections 1770-1777, Labor Code of California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety satisfactory to City, as provided in the Contract Documents , the cost of which shall be paid by Contractor.
8. Contractor agrees to indemnify, hold harmless, release and defend (even if the allegations are false, fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of, or, any injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation, professional negligence) of Contractor, its employees, representatives, subcontractors, or agents in connection with the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury (including death at any time) and damage to property (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Contractor and its employees or agents, and members of the general public.
9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an additional insured. The Contractor shall furnish evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of self -insurance, in accordance with the Workers Compensation laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810- 1815 of the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny the right of any individual to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ances try, physical disability, mental disability, medical condition, genetic information, marital status, sex , gender, gender identity, gender expression, age, sexual orientation, or military and veteran status as provided in the California Fair Employment Prac tice Act (Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair
Agreement 1300-3
Employment Practices Commission that Contractor has engaged during the term of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each such breach committed under this contract.
12. Contractor also agrees that for contracts in excess of $30,000 that apprentices will be employed without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.
13. Contractor shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the County, the State of California, the Federal government, and to any authorized representative thereof for the purposes of audit at all reasonable times and places. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed completed.
16. In accepting this Contract, Contractor certifies that no member or officer of the firm or corporation is an officer or employee of the City except to the extent permitted by law.
17. Contractor certifies that it is the holder of any necessary California State Contractor's License and authorized to undertake the Work. The Contractor must, at the Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, give all necessary notices and pay all fees and taxes required by law, including without limitation, any business license tax imposed by City. The Contractor represents and declares to Agency that it has all licenses, permits ,qualifications, and approvals of whatever nature which are legally required to practice its professions.
18. The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under the Contract or for other purposes relating to the Contract.
19. The Contractor shall maintain and preserve all such records for a period of at least three years after termination of the contract.
20. The Contractor shall maintain all such records in the City of Cathedral City. If not, the Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location
Agreement 1300-4
other than at City offices including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
21. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor are deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising fr om purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will be come effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.
22. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract, Contractor and any or subcontractor are deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Contract. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgment by the Parties.
Ag
reement 1300-5
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
"CI
TY"
CIT
Y OF CATHEDRAL CITY,
a California municipal corporation
By:
_____________________________ Dated: _____________________________ Charles P. McClendon, City Manager
AT
TEST:
Dat ed: _____________________________
Tracey R. Hermosillo, CMC, City Clerk
APP
ROVED AS TO FORM:
Dat ed: _____________________________
Eric S. Vail, City Attorney
“CO
NTRACTOR”
Dated: By:_______________________________
Name: _______________________________
Title: _______________________________
Dated: By: ____________________________
Name: ________________________________
Title: ________________________________
[CO
NTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACT IS A
CORPORATION OR LIMITED LIABILITY COMPANY, TWO SIGNATURES MUST BE PROVIDED]
Faithful Performance Bond 1310-1
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on November 13, 2024, awarded to Cal Stripe Inc., hereinafter designated as the Principal, a Contract for CITYWIDE PAVEMENT STRIPING, MARKINGS AND MARKERS BID NO. B24-73E CITY PROJECT NO. C08687, and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and Liberty Mutual Insurance Company, as Surety, are held and firmly bound unto the City in the just and full amount of ($199,965.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
It is acknowledged that the Contract provides for one- year guarantee period, during which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their seals this _________ day of _________________________________, 2024, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
_____________________________________
Principal
(Seal)
_____________________________________
Signature for Principal
_____________________________________
Title of Signatory
_____________________________________
Surety
(Seal)
_____________________________________
Signature for Surety
_____________________________________
Title of Signatory
_____________________________________
Address of Surety
_____________________________________
Phone # of Surety
_____________________________________
Contact Person For Surety
Payment Bond 1320-1
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Cathedral City, a municipal corporation, hereinafter designated the City, has, on November 13, 2024, awarded to Cal Stripe, Inc., hereinafter designated as the Principal, a Contract for CITYWIDE PAVEMENT STRIPING, MARKINGS AND MARKERS BID NO. B24-73E CITY PROJECT NO. C08687, and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and Liberty Mutual Insurance Company, as Surety, are held and firmly bound unto the City in the just and full amount of ($199,965.00) , executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the wor k contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Payment Bond 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
seals this _________ day of _________________________________, 20 24, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
_____________________________________
Principal
(Seal)
_____________________________________
Signature for Principal
_____________________________________
Title of Signatory
_____________________________________
Surety
(Seal)
_____________________________________
Signature for Surety
_____________________________________
Title of Signatory
_____________________________________
Address of Surety
_____________________________________
Phone # of Surety
_____________________________________
Contact Person For Surety
Workers' Compensation Insurance 1330-1
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that code, and I will comply with suc h provisions before commencing the performance of the work of this contract."
______________________________________________
Signature
______________________________________________
Title
______________________________________________
Date
Liability & Insurance Requirements 1340-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless the City, City Council and each member thereof, and every officer, employee and agent of City, from any claim, demand, damage, liability, loss, cost or expense (including, without limitation, attorney ’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of the Contractor, or any of the Contractor'’ employees, or any of its subcontractors arising out of work under this Contract.
The City does not, and shall not, waive any rights that it may have against Contractor, any of the Contractor’s employees, or any of its subcontractors under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Contract. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described herein. The City will not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 1340- 2.0, INSURANCE REQUIREMENTS, and shall submit coverage verification for review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City. The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial General Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one occurrence and a Two Million Dollar
Liability & Insurance Requirements 1340-2
($2,000,000) annual project aggregate, for all of the following:
a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U) Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
2.3 Commercial Business Auto Policy
The Contractor shall take out and maintain during the life of this Contract a Commercial Business Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non-owned vehicles used in pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, including cranes, which is not covered under said Commercial Business Auto Policy shall have said coverage provided for under the Commercial General Liability Policy.
c. Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's Compensation and Employers' Liability insurance providing coverage for any and all employees of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers' Liability (Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described in this Section hereof:
a. "The City, City employees and officers, the City Engineer, its consultants, elected officials, agents, and sub- consultants are hereby added as
Liability & Insurance Requirements 1340-3
additional insured insofar as Work done under this Contract is concerned."
b. "This policy shall be considered primary insurance as respects any other valid and collectible insurance, including self-insured retention, the City may possess, and any other insurance the City does possess shall be considered excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company.
d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such notice shall be sent to:
Kevin Biersack, Financial Services Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
2.6 Change in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and conditions and/or reduction in the coverage of any nature to the insurance policies. The notice shall be sent to the location identified in Paragraph 1340-2.6.d, Endorsements. The Contractor shall be obligated to pay any extra premium for maintaining the insurance requirements specified herein.
CITY OF CATHEDRAL CITY
CITYWIDE PAVEMENT STRIPING, MARKINGS, AND MARKERS
BID TABULATION
CITY PROJECT No. 8687
BID No. B24-73E
DATE: 10/23/2024
1 Mobilization LS 1 10,595.00$ 10,595.00$ 14,600.00$ 14,600.00$ 15,000.00$ 15,000.00$ 2 Traffic Control LS 1 10,595.00$ 10,595.00$ 26,017.00$ 26,017.00$ 50,000.00$ 50,000.00$ 3 Cathedral Canyon Drive from Terrace Road to Ramon Road LS 1 22,125.00$ 22,125.00$ 21,396.00$ 21,396.00$ 47,165.00$ 47,165.00$ 4 Dinah Shore Drive from west side of bridge to Da Vall Road LS 1 14,395.00$ 14,395.00$ 8,493.00$ 8,493.00$ 29,625.00$ 29,625.00$ 5 Gerald Ford from Date Palm Drive, East towards Da Vall Drive LS 1 6,995.00$ 6,995.00$ 22,120.00$ 22,120.00$ 20,625.00$ 20,625.00$ 6 Date Palm Drive from Interstate 10 (I-10) to Varner Road LS 1 4,495.00$ 4,495.00$ 7,580.00$ 7,580.00$ 22,890.00$ 22,890.00$ 7 Date Palm Drive from Ramon Road to Vista Chino LS 1 12,125.00$ 12,125.00$ 14,252.00$ 14,252.00$ 22,890.00$ 22,890.00$ 8 Date Palm Drive from East Palm Canyon to Dinah Shore Drive LS 1 10,985.00$ 10,985.00$ 12,125.00$ 12,125.00$ 27,125.00$ 27,125.00$ 9 30th Avenue west end limits to 400 FT east of Da Vall Road LS 1 14,395.00$ 14,395.00$ 12,950.00$ 12,950.00$ 33,930.00$ 33,930.00$ 10 Landau Blvd from Ramon Rd to Verona Road LS 1 16,495.00$ 16,495.00$ 17,317.00$ 17,317.00$ 40,560.00$ 40,560.00$ 11 Vista Chino from Avenida Maravilla to City Limits LS 1 13,495.00$ 13,495.00$ 24,777.00$ 24,777.00$ 39,715.00$ 39,715.00$ 12 Perez Road from Campbell Street to Date Palm Drive LS 1 5,545.00$ 5,545.00$ 10,935.00$ 10,935.00$ 23,360.00$ 23,360.00$ 13 Victoria Drive from Date Palm Drive to Pumley Road, including the Westside Shopping Center Enter/Exit LS 1 5,995.00$ 5,995.00$ 5,787.00$ 5,787.00$ 7,225.00$ 7,225.00$ 14 Plumley Road from Dave Kelley Roadd to Gerald Ford Drive LS 1 2,995.00$ 2,995.00$ 2,397.00$ 2,397.00$ 9,950.00$ 9,950.00$ 15 Converse Road from Plumley Road to Date Palm Drive LS 1 2,295.00$ 2,295.00$ 4,866.00$ 4,866.00$ 8,680.00$ 8,680.00$ 16 35th Avenue from Date Palm Drive to Plumley Road LS 1 895.00$ 895.00$ 1,724.00$ 1,724.00$ 1,980.00$ 1,980.00$ 17 Dave Kelley Road from Plumley Road to Date Palm Drive LS 1 895.00$ 895.00$ 1,426.00$ 1,426.00$ 1,735.00$ 1,735.00$ 18 Sky Blue Water Trail from 33rd Avenue to Ramon Road LS 1 395.00$ 395.00$ 2,925.00$ 2,925.00$ 2,865.00$ 2,865.00$ 19 East Palm Canyon Drive from Perez Road to west City limits LS 1 9,995.00$ 9,995.00$ 14,111.00$ 14,111.00$ 17,440.00$ 17,440.00$ 20 Shifting Sands Trail from 33rd Avenue to Ramon Road LS 1 395.00$ 395.00$ 3,412.00$ 3,412.00$ 6,645.00$ 6,645.00$ 21 Avenida Maravilla from Ramon Road to 1000 ft North of Vista Chino Rd LS 1 3,395.00$ 3,395.00$ 7,736.00$ 7,736.00$ 11,670.00$ 11,670.00$ 22 Avenia La Vista from 30th Avenue to Los Gatos LS 1 395.00$ 395.00$ 2,950.00$ 2,950.00$ 1,775.00$ 1,775.00$ 23 Los Gatos Road from Date Palm Drive to Maravilla LS 1 3,750.00$ 3,750.00$ 3,267.00$ 3,267.00$ 7,439.00$ 7,439.00$ 24 Baristo Road from Neuma Drive to Date Palm Drive LS 1 795.00$ 795.00$ 2,298.00$ 2,298.00$ 1,840.00$ 1,840.00$ 25 McCallum Way from Da Vall Drive to Landau Blvd LS 1 3,495.00$ 3,495.00$ 6,308.00$ 6,308.00$ 6,800.00$ 6,800.00$ 26 Tachevah Drive from Date Palm Drive to Landau Blvd LS 1 2,695.00$ 2,695.00$ 5,442.00$ 5,442.00$ 3,375.00$ 3,375.00$ 27 Santoro Drive from El Dobe Street to Tortuga Road LS 1 3,295.00$ 3,295.00$ 6,275.00$ 6,275.00$ 3,595.00$ 3,595.00$ 28 Tortugua Road from Santoro to of Soccer Park Entry/Exit Enterance LS 1 395.00$ 395.00$ 1,020.00$ 1,020.00$ 1,200.00$ 1,200.00$ 29 Verona Road from Ventura Drive to Landau Blvd LS 1 2,695.00$ 2,695.00$ 2,617.00$ 2,617.00$ 2,865.00$ 2,865.00$ 30 San Eljay Ave from 30th Avenue to the North road limits LS 1 395.00$ 395.00$ 590.00$ 590.00$ 1,200.00$ 1,200.00$ 31 Varner Road from 200 ft west of Bob Hope Drive to 100 ft East of Metro Plex Drive LS 1 2,395.00$ 2,395.00$ 9,188.00$ 9,188.00$ 2,830.00$ 2,830.00$ 32 Bob Hope Drive from Interstate 10 (1-10) to 500 ft North of Varner Road LS 1 2,995.00$ 2,995.00$ 6,225.00$ 6,225.00$ 3,810.00$ 3,810.00$ 33 Date Palm Drive - Interstate 10 (I-10) Interchange/Bridge Limits LS 1 4,295.00$ 4,295.00$ 9,210.00$ 9,210.00$ 6,030.00$ 6,030.00$ 34 Raised Pavement Markers EA 500 5.75$ 2,875.00$ 7.50$ 3,750.00$ 8.00$ 4,000.00$ 199,965.00$ 296,086.00$ 487,834.00$
PCISuperior Pavement Markings
UNIT COST TOTAL UNIT COST TOTAL
Cal Stripe, Inc.
UNIT COST TOTAL
GRAND TOTAL OF BID ITEMS
ITEM DESCRIPTION UNIT QUANTITY
Base Bid Items
Staff Report
City Council
Item No. 5.C
Meeting Date: November 13, 2024
From: John A. Corella, Director of Public Works
Title: Purchase of one (1) 2024 Hybrid Haulotte/Bil-Jax 5533A Aerial Titans Lift for the Facilities Maintenance Division
RECOMMENDATION:
To authorize the purchase of one (1) 2024 Hybrid Haulotte/Bil-Jax 5533A Lift from Aerial Titans, Inc. for the Facilities Maintenance division, at a total cost of $68,189.69; and authorize the City Manager, or designee, to execute all required documents for the purchase.
BACKGROUND:
The bipartisan Infrastructure and Investment Jobs Act (IIJA) provided $550 million to the Department of Energy (DOE) for the Energy Efficiency and Conservation Block Grant (EECBG) program. These funds are granted to states, local governments, and tribes to help reduce energy and fossil fuel use and to improve the energy efficiency of buildings and infrastructure. Based on a city’s population, Cathedral City was allocated $112,920 towards this energy efficiency program grant.
On April 26, 2023, the City Council authorized the purchase of one (1) Pneumatic Lithium Powered (electric) Forklift in the amount of $104,965.50 and the installation of an electrical charging system to support the forklift at the Public Works facility in an amount of $7,954.50.
Cathedral City’s Fleet Coordinator was able to secure the purchase of the electrical forklift for the total cost of $97,766.25, a cost savings of $7,199.25. In addition to the cost savings on the purchase of the forklift, staff did not need to utilize the $7,954.50 in grant funds to upgrade the electrical system as it was determined the current electrical infrastructure could support the new charging equipment. The Public Works Maintenance division has been utilizing the electric forklift for over a year with no issues.
In summary, Cathedral City was allocated $112,920 in EECBG grant funds. To date, the city has spent $97,766.25 as recapped in the following table:
Grant Award $112,290.00
Electric Forklift Spent $ 97,766.25
Remaining Grant Funds $ 14,523.75
As shown above, the remaining grant funds total is: $14,523.75. Staff are proposing to apply the remaining $14,523 in grant funds to support the purchase of a towable boom hybrid aerial lift for the Facilities Maintenance division.
DISCUSSION:
To utilize the remaining grant funds, staff are recommending the purchase of one (1) new towable boom 2024 Hybrid Haulotte/Bil-Jax 5533A Lift from Aerial Titans, Inc. (Lift) for the Facilities Maintenance division. The Facilities Maintenance division currently does not have a lift to assist with overhead maintenance projects. This Lift is essential to address maintenance repairs within the Cathedral City Community Amphitheater, Townsquare Park, and other city parks (repairing park lights, cameras and Wi-Fi antennas). Additionally, the Public Works Maintenance division anticipates using the Lift to assist with other projects in the downtown area, for example, servicing the city owned decorative streetlights and banners along East Palm Canyon, and repairing the traffic speed radar, preemption and traffic signal equipment near the City Hall core area.
The City’s Fleet Coordinator contacted multiple vendors both locally and in the surrounding area and received the following quotes:
Name of Company Location Unit Price Details
Aerial Titans, Inc. Cartersville, GA
$68,189.69
with drive/set
feature
Includes tax/delivery
Southwest Toyota Lift Thousand Palms, CA $59,812.50 Includes tax/delivery Forklift America Bridgeton, MO $61,130.39 Excludes tax/delivery The Lift from Aerial Titans, Inc. is equipped with a drive set feature which allows the Lift to be driven from location to location at a speed of up to 10 mph. The drive set feature is necessary to allow the maintenance division to efficiently maintain areas without having to continuously tow and set up the Lift from one area to another. The Lift is also light enough that it will not cause damage when driven on turf. When the Lift needs to be relocated to a project site, any of the city vehicles with a towing hitch can transport the Lift.
Southwest Toyota and Forklift America do not offer an aerial lift with the necessary drive set feature.
The Lift, offered by Aerial Titans, Inc., is a hybrid with a DC electric battery motor and a Honda gas generator. The purchase price for a 100% gas-powered aerial lift would be approximately $62,950, not including tax and delivery. The difference between the purchase price of a hybrid verses a gas-powered aerial is approximately $5,500. Staff are proposing to offset the purchase of the hybrid aerial lift and utilize $5,500 of available funds from the FY 2024-25 Environmental Fund (246) funds to cover the $5,000 difference.
Staff are requesting the City Council authorize the purchase of one (1) 2024 Hybrid Haulotte/Bil-Jax 5533A Lift from Aerial Titans, Inc. for the Facilities Maintenance division, at a total cost of $68,189.69; and authorize the City Manager, or his designee, to execute all required documents for the purchase.
FISCAL IMPACT:
Equipment Breakdown per Fund Account Fund No.
$14,523.75 EECBG Grant Funds (249)
$ 5,500.00 Environmental Fund (246)Hybrid Aerial Titans Lift $48,165.94 Equipment Replacement Fund (611)
Total Purchase Price $68,189.69
FIVE-YEAR STRATEGIC PLAN:
Goal B – Community Investment
Objective: Cathedral City roads, gateways, public spaces, and other infrastructure are well planned, designed, constructed and maintained.
B-19 – Develop Fleet Management policies to establish vehicle replacements and utilization standards.
ATTACHMENTS:
1. Aerial Titans Hybrid Lift Quote
39 Curtis Ct SW
Cartersville, GA 30120
Customer Quote
Date Quotation #
9/26/2024 QUO787
1 of 1
Bill To Ship To
Cathedral City Government
68700 Avenida Lalo Guerrero
Cathedral City CA 92234
United States
Cathedral City Government
68700 Avenida Lalo Guerrero
Cathedral City CA 92234
United States
Email [email protected]
Phone
Contact Edward Moore
P.O. No. Rep
Charlie Solonka
Description Quantity Rate Total
2024 HAULOTTE 5533A SN:2155681-00386
55' Platform Height / 61' Work Height / 33' Horizontal Reach DC 24V Electric Motor, Auto-Leveling Hydraulic Outriggers/ Stabilizers, 4' Platform, Power/AIR/WATER to Platform, ONLY Weighs 4800lbs
**2yr Factory Warranty (Parts/Labor) / 1yr Battery Warranty / 5yr Structural Warranty**
(Quote Valid Through November 30th, 2024)
Serial Number: 2155681-00386
1 $59,025.00 $59,025.00
Subtotal $59,025.00
Shipping Cost $4,000.00
Tax Total $5,164.69
Total $68,189.69
This estimate is an approximation and is not guaranteed. The estimate is based on information provided from the client. Actual cost may change once all invoice elements are finalized or negotiated. The sales and use tax we are estimating is based on either a ship to location of the product(s) above or the location we are giving you possession of the product(s). If the ship to location or the location where we give you possession of the good changes, the Company is required to charge you the appropriate sales and use tax based on the ship to or the location in which we give you possession of the product(s) and you must pay such sales and use tax before taking possession of the good(s).
All invoices related to the goods defined in this estimate are to be paid at the time of invoicing in full, minus any already made payments, unless explicitly agreed otherwise.
Please call 866-874-0584 to verbally verify wire payment instructions before sending. Aerial Titans Inc. will not be responsible for wire payments sent to the incorrect recipient. We will never email updated wire instructions to you.
Please be vigilant and call our office before sending funds.
Phone # Fax # E-mail WebSite
866-874-0584 470-280-4266 [email protected] www.aerialtitans.com
Staff Report
City Council
Item No. 5.D
Meeting Date: November 13, 2024
From: Kevin Biersack, Financial Services Director
Title: Fiscal Year 2024/2025 Budget Adjustments
RECOMMENDATION:
To approve a fiscal year (FY) 2024/2025 budget decrease to the General Fund in the amount of $1,871,853 and non-General Fund decrease totaling $96,985.
BACKGROUND:
The City of Cathedral City utilizes a biennial budget process – two separate, one-year budgets during the same approval cycle. Doing so has proven to be a good, effective strategy for these reasons:
•Cost and time savings by reducing staff preparation time •Allows more time for program review and analysis of expenditures •More conducive to long-term strategic planning, forecasting and analysis/results of decisions
•De-politicize the budget process by adopting biennial budgets in non-election years
There are government agencies utilizing an annual budget process, creating more pressure on staff with almost simultaneous actions to:
•Close the previous year’s budget
•Administer the new year’s budget, and
•Plan for the following year’s budget
DISCUSSION:
Fiscal Year (FY) 2024/2025 is year two of the City’s current biennial budget. This budget was adopted with a $5.8+M deficit in May of 2023. In addition, FY 2024/2025 expenses incurred from Tropical Storm Hilary, one-time costs for Esperanza Park construction, and increased insurance costs have resulted in extraordinary expenses being charged to the City’s General Fund.
A. Proposed Budget Cut to FY 2024/2025
With the increased costs discussed above, staff has identified an area for cost reduction to alleviate additional expenses incurred to meet operating and/or strategic goals. With the continued increase in city staffing under the California Public Employees’ Retirement System (CalPERS) Public Employees, Pension Reform Act (PEPRA) retirement program and our decreased staffing enrollment in the CalPERS Classic retirement program, we continue to see a decrease in our Other Post Employment Benefit (OPEB) liability. As a result, staff recommends the budgeted OPEB payments for FY 2024/2025 could be set aside in the current fiscal year resulting in a one-time savings of:
•OPEB General Fund (100) $2,412,015 •Other Funds (241, 243 & 246) $ 122,985 B. Budget Increases for FY 2024/2025
With the budget savings above, staff proposes using some of that savings to absorb the proposed expenses below. These items are requests for budget adjustments due to unexpected costs, e.g., IT Master Plan, and our continued proactive approach to funding some of our CalPERS obligation/liability – the Tier 2 and PEPRA retirement plans. These additional costs will assist in continued efficiencies in City operations.
These proposed budget expense authorizations total $566,162, resulting in an overall:
•net decrease in General Fund (100) expenditure totaling $1,871,853, •net decrease in Gas Tax (241), Measure A (243) and AB 939 Environmental
(246) totaling $122,985, and
•budget adjustment to the Public Education and Government (PEG) Fund (236) totaling $26,000 for the Agenda Management upgrade
FUND BALANCE PROJECTIONS
For the fiscal year ending (FY 2024/2025), General Fund financial data is provided below identifying the adopted/original Biennial Budget along with the associated projected Fund Balance “Savings Account” reserves for this year and forecasted net reserves in the following fiscal year:
With that said, it becomes even more important and prudent for City staff to be more deliberate and focus on efficiencies and priorities of our internal operations in supporting the community/constituents while safeguarding the financial stability of the City’s General Fund. In doing so, we anticipate current year General Fund savings ranging from $300,000-500,000.
•Staff vacancies will be evaluated and strategically filled based on department needs and goals while focusing on efficient operations. •With our increased staff efficiencies, e.g., leveraging our Tyler Enterprise Resource Planning (ERP) systems, departments are continuing to maximize those gains through streamlined processes.
FY 2024/2025 Original Budget FY 2024/2025 Projected FY 2025/2026 Forcasted Beginning General Fund Balance* 41,503,297$ 41,503,297 31,735,502 Revenues 64,600,726 64,646,766 67,278,677 Expenditures 70,425,394 77,038,557 74,737,482Operating Surplus / (Deficit) (5,824,668) (12,391,791) (7,458,805)General Fund Balance 35,678,629$ 29,111,506 24,276,697ARPA Revenue comprised of: 1,000,000 685,655 - Rehiring Public Sector Staff - - - Revenue Recovery - - -FEMA Revenue**: - 1,938,341 1,938,341Surplus / (Deficit) (4,824,668) (9,767,795) (5,520,465)Ending General Fund Balance 36,678,629$ 31,735,502 26,215,037 33% Fund Balance Reserve Policy 23,475,131 25,679,519 24,912,49450% Target Fund Balance Policy 35,212,697 38,519,278 37,368,741 Projected Fund Balance Reserve 52% 41% 35% FY 2024/2025 Projected Includes - Bridges TS Hilary debris removal, Esperanza Park, Insurance Increase, GEMT Program FY 2025/2026 Projected Includes - Recurring costs of Insurance, Fire Overtime, Homelessness camps, Art in Public places, Flock Camera maintenance, GEMT Program* CV Rep loan receivable of 900k excluded** FEMA revenue is anticipated for FY 2024/2025 and subsequent year but not guaranteed With the City incurring extraordinary expense related to Tropical Storm Hilary in FY 2023/2024, it has become even more important for City staff to be prudent and continue being fiscally responsible. In future council meetings, we will brief Council on upcoming plans for road improvement projects using General Fund Maintenance of Effort (MOE), Measure A, SB-1 and/or available Assessment District funds. In addition, we will brief Council on the status of the various projects and damages related to the Federal Emergency Management Agency (FEMA) and California Governor’s Office of Emergency Services (CalOES) Tropical Storm Hilary claims.
FISCAL IMPACT:
City Council approve FY 2024/2025 budget adjustments:
•General Fund (100) decrease totaling $1,871,853
•Other Funds (241, 243 & 246) decrease totaling $122,985 •PEG Fund (236) increase for $26,000
FIVE-YEAR STRATEGIC PLAN:
Goal C: Fiscal Stability and Sustainability
Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.
ATTACHMENTS:
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