Agenda packet — Cathedral City City Council, February 26, 2025 (part 1 of 2)

CITY COUNCIL
AGENDA

Study Session 3:00 p.m.

Regular Meeting 5:30 p.m.

Wednesday, February 26, 2025

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

MAYOR
Nancy Ross

CITY COUNCIL MEMBERS

Mayor Pro Tem
Raymond Gregory

Councilmember
Rita Lamb

Councilmember
Ernesto Gutierrez

Councilmember
Mark Carnevale

STUDY SESSION 3:00PM

Normally no action is taken on Study Session Items, however, the City Council reserves the right to give specific policy direction and take specific action as necessary.

Presentations will be limited to 10 minutes unless other provisions are made in advance.

CALL TO ORDER

ROLL CALL

AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.

1. PUBLIC COMMENTS

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

2 2. STUDY SESSION

A. Modernizing the Development Code - Seminar with Mintier Harnish Recommendation: Receive the presentation and discuss, as appropriate.

B. AB1600 Development Impact Fee Funds Commitments
Recommendation: This presentation is for information and feedback only.

3. CLOSED SESSION

A. Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code section 54956.9(d)(4)
To decide whether to initiate litigation
Number of Matters: One (1)
Recommendation: There is no Staff Recommendation.

RECESS

REGULAR MEETING - 5:30 PM

CALL TO ORDER

PLEDGE OF ALLEGIANCE

INVOCATION (MOMENT OF REFLECTION)

ROLL CALL

AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.

1. SPECIAL PRESENTATION

Recognition of Cathedral City Firefighter of the Year
Recommendation: This is a special recognition, no formal action will be taken.

2. PUBLIC HEARINGS

A. Extension of Cannabis Moratorium
Recommendation: Staff recommends approval of the ordinance extending the cannabis moratorium on the approval of new cannabis licenses and conditional use permits and the issuance of building permits for the build-out or expansion of new cannabis businesses.

3. PUBLIC COMMENTS

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

4. COUNCIL REPORTS

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

5. CONSENT AGENDA

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

A. Waive Full Reading of Ordinances on Agenda
Recommendation: Waive Full Reading of Ordinances on Agenda.

B. Approval of the February 12, 2026 Study Session and Regular Council Minutes
Recommendation: Approve the February 12, 2025 Study Session and Regular City Council Minutes.

C. Accept the Resignation of Sunshine Herrera from the Historic Preservation Committee
Recommendation: Accept the resignation of Sunshine Herrera from the Historic Preservation Committee effective immediately, and direct staff to proceed with filing the vacant seat.

D. Gift of Drone Light Show for 2025 LGBT+ Days
Recommendation: To accept a gift in the amount of $50,000 from Grizzly Entertainment and approve $5,000 in crew travel expenses for a drone light show at Cathedral City LGBT+ Days 2025.

E. Reject Bids for the HSIP Cycle 9A Traffic Signal Improvements at Twelve Intersections Project
Recommendation: To reject all bids received for the construction of the Highway Safety Improvements Program (HSIP) Cycle 9A Traffic Signal Improvements at Twelve Intersections Project (C08752); and direct staff to readvertise for construction bids to ensure compliance with fair and competitive bidding practices.

6. LEGISLATIVE ACTIONS

A. Award Professional Services Agreement to Ardurra Group Inc. for CWSRF Septic-to-Sewer Planning Project
Recommendation: Staff is requesting that City Council award a Professional Services Agreement to Ardurra Group Inc., in the amount of $2,178,017.56 for professional engineering services to evaluate, design, and develop documents necessary for the CWSRF Septic-to-Sewer Project (C01020), in accordance with the terms outlined in CWSRF Agreement No. D2401000 with SWRCB; 4 and approve a ten percent (10%) contingency in the amount of $217,801.76 for any unforeseeable design costs, thereby, bringing the total design budget for this project to $2,395,819.32; and authorize the City Manager to execute all the necessary Agreement documents.

B. Award a Construction Contract to Vance Corporation for the FY 2024- 2025 Dream Homes Neighborhood Area and East Palm Canyon Drive Pavement Rehabilitation Projects
Recommendation: To award a construction contract to Vance Corporation in the amount of $481,836.28 for the fiscal year (FY) 2024-2025 Dream Homes Neighborhood Area (C08693) and East Palm Canyon Drive (C08694) Pavement Rehabilitation Projects; approve a twenty percent (20%) contingency in the amount of $96,373.72 for unforeseeable construction costs, thereby bringing the total project budget to the amount of $578;210.00; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

7. DISCUSSION ON FUTURE AGENDA ITEMS

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

8. CLOSED SESSION

ADJOURNMENT

NOTES TO THE PUBLIC

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

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

Written Comments will be accepted until 2:00 p.m. on the day of the meeting. Written comments may be submitted via email, letter, or other forms of written communication. To email comments please email to [email protected].

Hard copies of written comments and any other document will be provided to the City Council and made available for the general public to review. All written comments received by the submission deadline will be made part of the official record. The meeting minutes will include: The name of the individual submitting the comment and a brief statement summarizing the content of the comment.
5 Submitted Written Comments will not be read into the record during the meeting.

Staff Report
City Council
Item No. 2.A
Meeting Date: February 26, 2025
From: Cynthia Schultz, Associate Planner
Title: Modernizing the Development Code - Seminar with Mintier Harnish RECOMMENDATION:

Receive the presentation and discuss, as appropriate.

BACKGROUND:

The Mintier Harnish Team will present to the City Council a seminar on modernizing the development code. The seminar will address topics related to updating the Development Code focusing on how the code shapes the appearance and function of all the City’s land uses. The team will discuss how to transform the City’s existing Code into a more understandable, streamlined, legally defensible, and effective planning tool.

FIVE-YEAR STRATEGIC PLAN:

Goal F Embracing, Inclusive Community
F-1: Develop comprehensive strategy to amend the zoning code and update the design guidelines.

Staff Report
City Council
Item No. 2.B
Meeting Date: February 26, 2025
From: Kevin Biersack, Financial Services Director
Title: AB1600 Development Impact Fee Funds Commitments
RECOMMENDATION:

This presentation is for information and feedback only.

BACKGROUND:

Development Impact Fees (DIFs) are one-time fees charged to new development. These fees are intended to pay for backbone infrastructure and capital facilities required to serve new developments and new residents. They must be accounted for, set aside, and saved until the municipality has the required funding to build the facilities needed. Municipalities are prohibited from using these fees to fund ongoing operations, maintenance, and/or make up for existing service deficiencies.

City staff issued a DIF Request for Proposal (RFP). After receiving and reviewing multiple qualified responses, the City selected the Clearsource Financial/Harris & Associates team.

Work on updating the AB1600 DIF schedule began in 2022.

During the June 28, 2023 Study Session, Council reviewed the first draft of the AB1600 Fee Justification Nexus Study. Harris provided a detailed overview of the Nexus Study, contrasting allowable new development impact fees with current fees and comparing proposed development impact fees with fees charged by surrounding jurisdictions. The Nexus Study was sent to the Desert Valley Builder’s Association (DVBA), Building Industry Association, Southern California Edison, and Southern California Gas. The DVBA provided two comment letters and the Nexus Study was modified to address their concerns.

This study analyzed the following fees to provide these new categories:

Parks,
Transportation,
General Government Facilities,
Fire Facilities, and
Police Facilities.

During the August 9, 2023 Study Session meeting, City Council directed staff to analyze and address stakeholder concerns and then prepare the Nexus Study for Council adoption.

In the September 27, 2023 Council meeting, City staff implemented the recommended fees on all qualified new development beginning January 1, 2024.

During the May 22, 2024 City Council meeting, City staff presented the AB 1600 restructured DIF Funds for Council review and approval.

DISCUSSION:

Updated Project Commitments
Projects are identified in the annual AB1600 report provided to the City Council for review and approval. Over the years, city projects have been committed using some (or all) AB1600 funding. These projects have various commitment dates, with the earliest being FY 1989/1990.

City staff have reviewed the list and updated/aligned with the commitments identified in the updated Fee Study dated September 15, 2023. Please see the attached spreadsheet. In the upcoming Capital Improvement Project and Parks Improvement Project Plans, additional uses of the DIF funds will be identified. At the time those projects are brought forward to Council for review and approval, the projects/funds will be added to the Commitments list.

Available Fund Balance
As of June 30, 2024, the table below shows the funds and balance available:

FISCAL IMPACT:

No Fiscal Impact.

FIVE-YEAR STRATEGIC PLAN:

The restructuring of the updated DIF studies supports the following strategic plan goals:

GOAL B: COMMUNITY INVESTMENT Objective: Cathedral City roads, gateways, public

spaces, and other city infrastructure are well planned, designed, constructed, and maintained.

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

Action C-9 Complete and adopt the Development Impact Fee Study ATTACHMENTS:

1. 2023.09.15 Final Cathedral City Nexus Fee Study

2. AB1600 Commitments Review

AB1600 Fee Justification Nexus Study
City of Cathedral City
Final - September 2023

Prepared For:

Prepared By:

101 Progress #250
Irvine, CA 92618
(949) 655-3900

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Table of Contents
Section 1 Executive Summary ............................................................................................... 1 Introduction .............................................................................................................. 1 Nexus Study ............................................................................................................. 2 Administrative Fee.................................................................................................... 5 Fee Adjustment Procedures ..................................................................................... 6 Timing of Fee Payment ............................................................................................ 6 Section 2 Legal Context and Methodology ........................................................................... 7 Nexus Requirement Summary ................................................................................. 7 AB602 ...................................................................................................................... 7 Methodology ............................................................................................................. 9 Section 3 Population and Land Use Assumptions ............................................................ 11 Land Use Types ..................................................................................................... 11 Growth Forecasts ................................................................................................... 11 Average Unit Sizes ................................................................................................. 13 Section 4 Park Facilities Fee ................................................................................................ 15 Background ............................................................................................................ 15 Parkland ................................................................................................................. 15 Service Population ................................................................................................. 16 Current Level of Service ......................................................................................... 16 Planned Level of Service........................................................................................ 17 Fee Methodology.................................................................................................... 19 Fee Summary ......................................................................................................... 20 Revenue Projections .............................................................................................. 20 Nexus Requirement Summary ............................................................................... 21 Section 5 Transportation Fee ............................................................................................... 23 Background ............................................................................................................ 23 Service Population ................................................................................................. 25 Cost Summary ....................................................................................................... 25 Fee Methodology.................................................................................................... 26 Fee Summary ......................................................................................................... 27 Reduced Traffic Fee ............................................................................................... 28 Revenue Projections .............................................................................................. 29 Nexus Requirement Summary ............................................................................... 29 Section 6 General Government Facilities Fee .................................................................... 31 Background ............................................................................................................ 31

AB1600 Fee Justification Nexus Study ii September 2 023 City of Cathedral City
Current Level of Service ......................................................................................... 31 Planned Level of Service........................................................................................ 33 Fee Methodology.................................................................................................... 33 Fee Summary ......................................................................................................... 34 Revenue Projections .............................................................................................. 34 Nexus Requirement Summary ............................................................................... 35 Section 7 Fire Facilities Fee ................................................................................................. 38 Background ............................................................................................................ 38 Current Level of Service ......................................................................................... 38 Planned Level of Service........................................................................................ 40 Fee Methodology.................................................................................................... 40 Fee Summary ......................................................................................................... 40 Revenue Projections .............................................................................................. 41 Nexus Requirement Summary ............................................................................... 42 Section 8 Police Facilities Fee ............................................................................................. 45 Background ............................................................................................................ 45 Current Level of Service ......................................................................................... 45 Planned Level of Service........................................................................................ 47 Fee Methodology.................................................................................................... 47 Fee Summary ......................................................................................................... 48 Revenue Projections .............................................................................................. 48 Nexus Requirement Summary ............................................................................... 49 Section 9 Implementation and Administration ................................................................... 52 Implementation ....................................................................................................... 52 Fee Program Administrative Requirements ........................................................... 52 Fee Adjustment Procedures ................................................................................... 53 Timing of Fee Payment .......................................................................................... 53 Credits and Reimbursement Policies ..................................................................... 53 Administrative Fee.................................................................................................. 54 Programming Revenues with the CIP .................................................................... 54 Fee Reporting ........................................................................................................ 54 Accessory Dwelling Units ....................................................................................... 55 Specialized Development Projects ......................................................................... 55 Rebuild or Expansion Projects ............................................................................... 55

AB1600 Fee Justification Nexus Study iii September 2023 City of Cathedral City
Appendix A Capital Improvement Program………………………………………………………..57 Appendix B Transportation Cost Details…………………………………………………………..59

AB1600 Fee Justification Nexus Study iv September 2 023 City of Cathedral City
Tables
Table 1-1: City of Cathedral City List of Development Impact Fees ............................................. 4 Table 1-2: Summary of Proposed Development Impact Fees ...................................................... 5 Table 3-1: Existing Service Population ....................................................................................... 12 Table 3-2: Estimated Service Population at Buildout .................................................................. 12 Table 3-3: Persons per Household & Employment Density ........................................................ 13 Table 3-4: Residential Land Use Average Unit Size ................................................................... 14 Table 4-1: Park Facility Inventory List ......................................................................................... 16 Table 4-2: Future Park Facility Cost ........................................................................................... 19 Table 4-3: Park Facility Cost per Resident ................................................................................. 20 Table 4-4: Park Facilities Fee Cost Summary ............................................................................ 20 Table 4-5: Park Facilities Fee Estimated Revenue at Buildout ................................................... 21 Table 5-1: Transportation Facilities – Planned Facilities ............................................................ 24 Table 5-2: Future Additional Trips ............................................................................................... 25 Table 5-3: Existing Trips ............................................................................................................. 27 Table 5-4: Citywide Transportation Fee Summary ..................................................................... 28 Table 5-5: Anticipated Citywide Transportation Fee Collection at Buildout ................................ 29 Table 6-1: General Government Facilities Inventory List ............................................................ 32 Table 6-2: General Government Facilities Existing Level of Service .......................................... 33 Table 6-3: General Government Facilities Fee Summary ........................................................... 34 Table 6-4: General Government Fee Estimated Revenue at Buildout ........................................ 35 Table 7-1: Fire Facilities Inventory List ....................................................................................... 39 Table 7-2: Fire Facilities Existing Level of Service ..................................................................... 40 Table 7-3: Fire Facilities Fee Summary ...................................................................................... 41 Table 7-4: Anticipated Fire Facilities Estimated Revenue at Buildout......................................... 42 Table 8-1: Police Facilities Inventory List .................................................................................... 46 Table 8-2: Police Facilities Existing Level of Service .................................................................. 47 Table 8-3: Police Facilities Fee Summary .................................................................................. 48 Table 8-4: Anticipated Police Facilities Estimated Revenue at Buildout ..................................... 49

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Section 1 Executive Summary
Introduction
The City of Cathedral City (City) is a desert resor t city located in Riverside County. The City is tucked between the City of Palm Springs and the Cit y of Indio, in the northwest part of the Coachella Valley between the San Bernardino Mountains to the north, the San Jacinto Mountains to the south, and the San Gorgonio Pass to the west . It is the second most populated city in the Coachella Valley.

The City was incorporated in 1981 after beginning a s a housing development in 1925. The City began a downtown revitalization program in the late 1990s, which was completed by 2005. The program included a new city hall, movie theater com plex, and new and remodeled stores and restaurant space. The City features lush country clubs, diverse shopping districts, and a variety of recurring community events for residents and visitors.

At the time of the 2020 U.S. Census, the city popul ation was 51,493. As of January 1, 2022, the California Department of Finance (DOF) estimates th at the city population is 51,840. As the resident population and non-resident employment in the City increase, there exists a correlating rise in the demand for public infrastructure and se rvices to support the increased demand on the City. California’s Assembly Bill 1600 (AB1600) adop ted in 1987 and codified as California Government Code Section 66000 et. seq., allows the City to impose Development Impact Fees on new development within the City.

Development Impact Fees (DIFs) are a one-time charge on new development that is collected and used by the City to cover the cost of capital facilities, vehicles, and equipment that are required to serve new growth. In July 2021 the City adopted the updated July 1, 2019 Comprehensive General Plan (General Plan or 2040 General Plan) that forms the basis of the City’s current development impact fee program. As stated in the General Plan, most of the City south of US Interstate-10 is already developed and the remaining vacant lands in this area are generally located east of Date Palm Drive and north of Dinah Shore Drive. In recen t years, the City’s limits have expanded to include lands north of US I-10 and have extended ea st to Bob Hope Drive, where large-scale master planned communities have already been approv ed for development. For purposes of this Nexus Study, the land north of US I-10 is defined a s the North Area of the City. As noted in the General Plan, the City’s Sphere-of-Influence extends eastward on the north side of US I-10 taking in the community of Thousand Palms, continuing eastward beyond Cook Street and including the Classic Club and the surrounding master planned community.

As highlighted in the General Plan, development in the City over the past decades has been focused along the East Palm Canyon Drive (Highway 111) corr idor, and the northern areas of the City on the valley floor. The City is situated across a var iety of geographic and geologic conditions,

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including a mid-valley alluvial plain and limited m ountain foothills, as well as the sandy desert floor. The Santa Rosa Mountains bound the City on t he south and Edom Hill and the Indio Hills bound the City on the north.

The Nexus Study is based on the City limits and the full General Plan Buildout of the City. As stated in the land use chapter of the General Plan, the City's future is tied to the type and amount of new development it can accommodate at General Pl an Buildout. Projecting future Buildout capacity requires consideration of several variable s and is based on assumed densities (dwelling units per acre) and intensity factors that include allowed lot coverage and floor-to-area ratios (FAR), parking requirements, etc. While some of tod ay's developed lands may change in use in the coming years, most of the assumed City buildout is on remaining vacant lands planned for residential and employment-generating uses.

The General Plan includes and encompasses the North City Specific Plan planning area, which provides residential densities of from 25 to 45 dwe lling units per acre within a master-planned, mixed-use development context. These mixed-use desi gnations have also been applied to lands south of US I-10 and provide the City an important tool to further mixed-use, high density residential development elsewhere in the community. For additional information addressing these and other related issues associated with community housing stock, please see the City’s Housing Element.

The goal of the City is to develop a fee program that achieves the objectives laid out in the General Plan and associated master plans, balances fee levels with desired economic growth, and complies with the legal requirements of the Mitigation Fee Act (AB1600/Government Code Section 66000 et seq.) and Assembly Bill 602 (AB602).

Nexus Study
Purpose
As development occurs in the City, new backbone infrastructure and capital facilities are required to mitigate the increased demand created by new residents and workers. Revenues from DIFs fund the construction of new backbone infrastructure and capital facilities as well as the related administrative costs through the City’s fee program . The fee program contains separate fee categories for each type of infrastructure and capi tal facilities. Incorporated in this Nexus Study (Nexus Study, Study or Report) are the following fees:
• Park Facilities
• Transportation
• General Government Facilities
• Fire Facilities
• Police Facilities

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This Report is designed to satisfy the AB1600 Nexus requirements, AB602 requirements, and provide the necessary technical analysis to support the adoption of the updated fees. The fees will be effective 60 days after the City’s final action establishing and authorizing the collection of the fees.

Table 1-1 lists the fees the City currently collects and acc ounts for per the City’s Development Impact Fee Annual Report (“AB1600” Report) for Fisc al Year 2021-2022. The table below also shows which fees are included in the Nexus Study, w hich fees have been combined, and which fees are excluded.

As shown on Table 1-1, this Nexus Study excludes the Master Underground Plan (MUP) fee and the Art in Public Places Fee. The MUP fee was adopted in 1990 and given the significant changes to AB1600 requirements since 1990 and the new AB602 requirements, it is Harris’ recommendation that the MUP fee should be reevaluat ed with an undergrounding study or converted to an in-lieu fee. An in-lieu model is common for undergrounding fees and would require a municipal code update. The Art in Public Places F ee is currently an in-lieu fee for commercial and industrial projects equal to one percent of nin ety percent of the total project valuation. Harris conducted an analysis of different methodologies fo r updating the Art in Public Places Fee, including adding an additional impact fee for art o n residential development. After reviewing the options with City staff, it was determined that the Art in Public Places Fee would remain an in- lieu fee for non-residential development, which is consistent with numerous other jurisdictions for this type of fee.

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Table 1-1: City of Cathedral City List of Development Impact Fees Current Fees Notes from Nexus Study?
Master Underground Plan No change – Undergrounding study recommended or change to In-Lieu Fee
Fire and Police Facilities/Equipment Included in Separate Fire Facilities Fee and Police Facilities Fee
Traffic Signalization Included in Transportation Fee
City Yard Vehicle Storage Included in General Government Facilities Fee
Police Community Center Included in Police Facilities Fee Public Safety Training Site Included in Police Facilities Fee Public Safety Facilities Included in Separate Fire Facilities Fee and Police Facilities Fee
Road and Traffic Facilities Included in Transportation Fee Interchange and Bridges Included in Transportation Fee
Bikeway Facilities Included in Transportation Fee
Trail Facilities Included in Transportation Fee
Park and Recreation Facilities Included in Park Facilities Fee Transit Development No Change – not an AB1600 Fee
Art in Public Places No change – not an AB1600 Fee

Results
Table 1-2 shows a summary of the proposed fees. Pursuant to AB602, residential development fees are now assessed on a per square foot basis and non-residential development fees are assessed on a per 1,000 square foot basis. Park Facilities F ees are not assessed on non-residential development. The Park Facilities Fee is discussed in more detail in Chapter 4.

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Table 1-2: Summary of Proposed Development Impact Fees

Administrative Fee
The City oversees the implementation and administration of the DIF Program, consistent with the requirements of the Mitigation Fee Act. A three percent (3%) Administrative Fee is added to fund the costs of the City’s management and ongoing fee program administration, collection, and reporting, based on an analysis of the cost adminis trative cost necessary to support the DIF Program. This includes costs associated with City s taff and consultant time, studies, and administration to support the program. Furthermore, AB602, adds additional administration and reporting cities are responsible for meeting. Industry standard ranges from three to six percent (3- 6%) of the fee for the administrative component of a development fee program. The administrative functions include, but are not limited to, the following:
• Annual fee adjustments
• Annual fee reporting
• Additional fee reporting every five years
• Posting of nexus studies and fee schedules on the City’s website • Nexus study updates every eight years (an AB602 requirement) • Master Plans necessary to support the Nexus study updates • Staff and consultant time related to fee preparation, collection, tracking, and administration
• Staff and consultant time needed to track credits and reimbursements for improvements constructed in the fee program
Land Use 1 Parks Transportation
General
Government
Facilities Fire Police
Residential
Single Family $3.30 $0.63 $1.23 $0.68 $0.47
Multi-Family $4.65 $0.60 $1.73 $0.95 $0.66
Non-Residential
Commercial N/A $2,106.62 $579.18 $319.36 $220.05
Office N/A $1,770.12 $1,272.92 $701.88 $483.63
Industrial N/A $268.44 $127.29 $70.18 $48.36
Notes:
1 An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. The administration fee is calculated on a fee by fee basis. Please refer to the individual fee calculation tables for a breakdow n of the administration fee. (Fee per Square Foot)
(Fee per 1,000 Square Feet)

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In addition to the aforementioned administrative activities, the City is responsible for both (i) using fee revenues to plan for and construct required cap ital facilities and (ii) pursue other funding sources, as required, to bridge financial gaps betw een what is collected and the actual cost to construct needed facilities. A flat fee will impair the City’s ability to abide by AB602’s rigorous requirements.

Consistent with the Mitigation Fee Act, the Adminis trative Fee will be collected to fund the cost of the program administrative activities, such as a dministration, collection, and reporting. The costs to administer will vary each year. In additio n to annual program reporting activities and additional fee reporting requirements every five ye ars, AB602 requires the Nexus Study must be updated at least every eight years.

Fee Adjustment Procedures
The DIFs may be adjusted periodically to reflect re vised facility requirements, receipt of funding from alternative sources (i.e., state or federal gr ants), revised facilities or costs, changes in demographics, changes in the average unit square fo otage, or changes in the land use plan. In addition, the fees may be adjusted annually using t he Construction Cost Index (CCI) for the 20- City Average as reported by Engineering News Record (ENR) for a twelve-month period or a similar published index if the CCI Index is no longer available. City staff will calculate the annual adjustment utilizing the CCI Index. The adjusted fe es will be summarized in a resolution to be approved by City Council following the required not icing as outlined by section 66016 of the California Government Code.

Timing of Fee Payment
Fees will be collected at the time the building per mit for the project is issued. All residential projects will pay a fee based on the livable square footage of the residential unit(s). For high- density residential projects (defined in the Genera l Plan as high-density residential development with multi-family dwellings, including apartments and condominiums), the fees will be due at the time of the building permit for each building. For high-density residential projects with communal space, the non-residential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assume d to be captured in the residential fees. Areas that are accessible by the public (i.e., leasing office) will be charged impact fees according to use.

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Section 2 Legal Context and Methodology
Nexus Requirement Summary
AB1600 was enacted by the State of California in 19 87 creating the Mitigation Fee Act - Section 66000 et seq. of the Government Code. The Mitigatio n Fee Act requires that all public agencies satisfy the following requirements when establishing, increasing, or imposing a fee as a condition of approval of a development project:

1. Identify the purpose of the fee.

2. Identify the use to which the fee is to be put. If the use is financing public facilities, the facilities shall be identified.

3. Determine how there is a reasonable relationship be tween the fees use and the type of development project on which the fee is imposed.

4. Determine how there is a reasonable relationship be tween the need for the public facility and the type of development project on which the fee is imposed.

5. Determine how there is a reasonable relationship be tween the amount of the fee and the cost of the public facility or portion of the p ublic facility attributable to the development on which the fee is imposed.

The purpose of this report is to demonstrate that a ll fee components comply with the Mitigation Fee Act. The assumptions, methodologies, facility standards, costs, and cost allocation factors that were used to establish the nexus between the fees a nd the development on which the fees will be charged are summarized in subsequent sections of this Report.

AB602
AB602, which was enacted by the State of California in 2021, amended Sections 65940.1 and 66019 of, and added Section 66016.5 to the Governme nt Code. AB602 requires that if a local agency conducts and adopts an impact fee nexus study after January 1, 2022, the local agency shall follow all of the following standards and practices:

1. Before the adoption of an associated development fee, an impact fee nexus study shall be adopted.

2. When applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.

3. A nexus study shall include information that suppor ts the local agency’s actions, as required by subdivision (a) of Section 66001 of the Government Code.

4. If a nexus study supports the increase of an existi ng fee, the local agency shall review the assumptions of the nexus study supporting the original fee and evaluate the amount of fees collected under the original fee.

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5. A nexus study adopted after July 1, 2022, shall cal culate a fee imposed on a housing development project proportionately to the square f ootage of proposed units of the development. A local agency that imposes a fee prop ortionately to the square footage of the proposed units of the development shall be deemed to have used a valid method to establish a reasonable relationship between the fee charged and the burden posed by the development. A nexus study is not required to c omply with the requirements to calculate a fee imposed on a housing development project proportionally to the square footage of the proposed units if the local agency makes the following findings:
• An explanation as to why square footage is not appropriate metric to calculate fees imposed on housing development project.
• An explanation that an alternative basis of calcula ting the fee bears a reasonable relationship between the fee charged and the burden posed by the development. • That other policies in the fee structure support smaller developments, or otherwise ensure that smaller developments are not charged disproportionate fees.

6. Large jurisdictions shall adopt a capital improvement plan as a part of the nexus study.

7. All studies shall be adopted at a public hearing wi th at least 30 days’ notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.

8. Studies shall be updated at least every eight years , from the period beginning on January 1, 2022.

9. The local agency may use the impact fee nexus study template developed by the Department of Housing and Community Development pur suant to Section 50466.5 of the Health and Safety Code.

The purpose of this Report is to demonstrate that a ll fee components comply with the Mitigation Fee Act and AB602. An analysis of level of service for each applicable fee component is summarized in subsequent sections of this report.

Capital Improvement Plan
AB602 states that large jurisdictions shall adopt a capital improvement plan (CIP) as part of the nexus study. This report includes the facilities to be adopted as the City’s CIP for the DIF program in Appendix A.

Explanation of Level of Service and Fee Increase
AB602 requires that when applicable, the nexus stud y identifies the existing level of service for each public facility, identifies the proposed new l evel of service, and includes an explanation of why the new level of service is appropriate. This report relies on existing level of service standards developed in consultation with City staff and with reference to the existing capital facilities and

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improvements in the City for all the fee programs documented herein apart from the Park Facilities Fee and Transportation Fee. Utilizing the existing level of service as the fee basis is appropriate for new development to pay their fair share. The transportation fee is a new combined fee program, the calculation presented herein for this fee program provides justification for an entirely new fee based on planned facilities required to serve exist ing and new development. New development will pay their allocated fair share of cost, rather than an increase over an existing amount. For the Park Facilities Fee, the existing level of service is identified and acknowledged that it falls below the City Standard. The City Standard is utilized fo r the Park Facilities Fee as it is an appropriate City Standard set by the General Plan and as the Ci ty has significant growth in the North area of the City, it is appropriate for new development to meet this City Standard. New development is expected to pay the fee that results in meeting the City Standard and will not be used to fund existing deficiencies. Furthermore, Government Code 66001 states, “A fee shall not include the costs attributable to existing deficiencies in public facilities, but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the genera l plan”. The Park Facilities Fee achieves an adopted level of service that is consistent with th e City’s adopted General Plan. This approach, therefore, is consistent with the Mitigation Fee Ac t. AB602 requires that when applicable, the nexus study identifies the existing level of service for each public facility, identifies the proposed new level of service, and includes an explanation o f why the new level of service is appropriate.

This Nexus Study meets that requirement of the expl anation of why the new level of service is appropriate based on the General Plan standard.

Methodology
Imposed fees require various findings to ensure tha t a reasonable relationship exists between the fee amount and the cost of the facility or portion of the facility attributable to the new development.

Several methodologies are available to determine fe e amounts. Choosing the appropriate methodology depends on the type of facility for which the fee is calculated and the availability of documentation to support the fee calculation. Follo wing is a discussion of the methodologies available to calculate the separate fee components in this report.

Facility Standards Method
The facility standards method determines the facili ties and associated costs required to accommodate growth based on adopted City standards. Depending on the fee analysis, the City may or may not currently have sufficient facilities to meet the adopted standard. If the City’s existing facilities are below the standards, then a deficiency exists. In this case, the portion of th e cost of planned facilities associated with correcti ng the deficiency must be satisfied with funding sources other than Development Impact Fees (DIFs). AB1600 fees can only fund facilities needed to accommodate new development at the adopted standard.

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Master Plan Method
The master plan method is based on a master facilities plan in situations where the needed facilities serve both existing and new development. This appro ach allocates existing and planned facilities across existing and new development to determine ne w development’s fair share of the needed facility. This approach is used when it is not possible to differentiate the benefits of new facilities between existing and new development.

Planned Facilities Method
The planned facilities method calculates the standard based solely on the ratio of planned facilities to the increase in demand associated with new devel opment. This method is appropriate when planned facilities are mostly for the benefit of ne w development, such as a wastewater trunk line extension to a previously undeveloped area. This me thod may also be used when there is excess capacity in existing facilities that can accommodate new development.

Existing Inventory Method
The existing inventory method uses a facility stand ard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available.

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Section 3 Population and Land Use Assumptions
Land Use Types
To ensure a reasonable relationship between each fee and the type of development paying the fee, different land use types must be distinguished. The land use categories used in this analysis are defined below.
• Single Family Residential (SFR) : Detached single-family dwelling units. Includes very low density, low density, and age-restricted units. • Multi-Family Residential (MFR): Attached residential projects. • Accessory Dwelling Unit (ADU) : A second unit, attached or detached from a SFR. • Commercial : All commercial, retail, educational, hotel/motel development, and mixed-use development.
• Office : All general, professional, and medical office development. • Industrial : All manufacturing and warehouse development.

Some developments may include more than one land us e type, such as an industrial warehouse with living quarters (a live-work designation) or a planned unit development with both single and multi-family uses. In these cases, the fees will be calculated separately for each land use type.

Growth Forecasts
Growth projections are used as indicators of demand and projected revenue to fund the infrastructure identified in Appendix A. The City’s existing population and Buildout population projections are critical assumptions used throughout the fee sections that follow in this report. The following resources were used as part of this analysis:
• Estimates of total development through Buildout were based on the City’s land use plan from the City’s Comprehensive General Plan, adopted July 28, 2021. • Population projections were based on the land use p rojections and the estimated persons per household taken from the US Census American Community Survey. • Existing population estimates are from the 2021 California Department of Finance. • Existing non-residential worker populations are bas ed on non-residential data for the City of Cathedral City derived from the City’s Comprehensive General Plan, adopted July 28, 2021, and employees per square feet assumption from the USGBC LEED BD+C: New Construction | v4 – Default Occupancy Counts.. • Worker projections are based on estimated buildout square footage and the employees per square feet assumption from the USGBC LEED BD+C: New Construction | v4 – Default Occupancy Counts.

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Table 3-1 identifies the existing service population. Non-residential buildings are typically occupied less than dwelling units, so it is reasona ble to assume that average per-worker demand for services is less than average per-resident dema nd. The 0.37-weighting factor for workers is based upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours).

Table 3-1: Existing Service Population

Table 3-2 shows the estimated service population at Buildout.

Table 3-2: Estimated Service Population at Buildout

Category
Total
Persons
Weighting
Factor 3
Service
Population
Residents 1 51,840 1.00 51,840
Workers 2 11,063 0.37 4,093
Total 62,903 55,933
Notes:
1 2
3 Source:

California Department of Finance E-5 Population and Housing Estimates, City of Cathedral City Comprehensive General Plan (adopted July 28, 2021).

Based on State of California Department of Finance E-5 Population and Housing Estimates for Cities, Counties, and the State, dated January 1st 2021.

Employment data for the City of Cathedral City derived from the adopted General Plan (July 2021).

Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).

Category
Future
Persons
(Buildout)
Total
Persons at
Buildout
Weighting
Factor 3
Future
Buildout
Service
Population
Service
Population
at Buildout
Residents
1 85,130 136,970 1.00 85,130 136,970
Workers 2 73,007 84,070 0.37 27,013 31,106
Total 158,137 221,040 112,143 168,076
Notes:
1 2
3 Based on State of California Department of Finance E-5 Population and Housing Estimates for Cities, Counties, and the State, dated January 1st 2021 combined w ith the buildout development derived from the City of Cathedral City Comprehensive General Plan adopted July 28, 2021.

Employment data for the City of Cathedral City derived from the United States Census Bureau On The Map Application combined w ith the buildout development derived from the City of Cathedral City Comprehensive General Plan adopted July 28, 2021.

Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).

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Occupant Density
Occupant densities ensure a reasonable relationship between the increase in service population and the amount of the fee. Developers pay the fee based on the square footage of additional housing units or building square feet of non-residential de velopment, so the fee schedule must convert service population estimates to these measurements of project size. This conversion is done using the average occupant density factors by land use type shown in Table 3-3. The residential density factors were derived from the US Census American Community Survey while the non-residential densities were derived from the U.S. Green Building Council Default Occupancy Counts.

Table 3-3: Persons per Household & Employment Density

Average Unit Sizes
To meet AB602 requirement five (5), this Report calculated the average unit size for single family residential and multifamily units based on the estimated average size of planned new development within each land use category in the City. The aver age unit size is based on the livable square footage of the residential unit for all residential land uses. This Report derived the unit sizes from the Market Watch Quarterly New Home Report for Coac hella Valley, dated December 2022 and the Desert Housing Report dated October 2022.

Basing the average unit size on livable square footage for all residential units is not only consistent with industry standard for fee calculations, it provides a strong nexus between the impact of the unit and the fee amount. A good example of this industry standard are school fees in California. In California school fees are based on assessable spac e, which means a quantity equal to the area (expressed in square feet) within the perimeter of a residential structure, not including the carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure or similar structure.

As stated previously, to accurately capture the imp act of a residential project on capital facilities for high-density multi-family residential projects with communal spaces, the communal spaces Density Assumptions
Residential 1
Single Family 2.85 Residents per dwelling unit
Multi-Family 2.51 Residents per dwelling unit
Non-Residential
2 Commercial 1.82 Employees per 1,000 square feet
Office 4.00 Employees per 1,000 square feet
Industrial 0.40 Employees per 1,000 square feet
Notes:
1 Extrapolated from American Community Survey 2020 5-Year Estimates: Table B25032 & B25033. 2 USGBC LEED BD+C: New Construction | v4 - Default Occupancy Counts.

Source:

U.S. Census Bureau, American Community Survey and the U.S. Green Building Council.

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(i.e., clubhouse, maintenance facility, gym, etc.) will not be assessed impact fees as the impact is assumed to be captured in the residential fees. Areas that contain employees and are accessible by the public (i.e., leasing office) will be charged i mpact fees according to use. The non-residential area accessible by the public (i.e., leasing office) will be based on the useable size of that area. The usable square footage is the actual area of a space as measured within the demising exterior walls of that space. Including areas that contain employees that are accessible by the public captures the additional impact these new facilities will have on the backbone facilities in the City.

Table 3-4 summarizes the estimated average size of planned n ew development within each residential land use category utilized for this study.

Table 3-4: Residential Land Use Average Unit Size

The City will monitor the average size of housing units in the City based on new developments on an annual basis and if the size of units on average are significantly different than anticipated, the fees will be updated as part of the annual update for the fee adjustment to reflect this change in order to ensure the fee program collects the anticipated level of funding.

Land Use Unit Size (SF)
Single Family 2,000
Multi-Family 1,250
Notes:
1 Unit sizes derived from the Desert Housing Report dated 10/22 and Market Watch Quarterly New Home Report for Coachella Valley, dated December 2022.

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Section 4 Park Facilities Fee
Background
This section presents an analysis of the need for a dditional parks to accommodate new development in the City and the fees that are neces sary in order to ensure that new development provides adequate funding to meet those needs. This Nexus Study updates the methodology of the existing Parks Fee and recommends updated fees.

Residential development in the City will pay the Pa rk Facilities Fee at building permit issuance.

The park cost was estimated based on the existing City adopted standard of three (3) acres of green space per 1,000 residents. The Park Facilities Fee is for park facility development cost only and does not include parkland acquisition costs. Parkla nd acquisition under the Quimby Act requires developers to either dedicate land to satisfy their parkland requirement or pay an in-lieu fee. The in-lieu fee is dependent upon appraised land cost a nd thus, the amount should be agreed upon between the City and the developer when the land dedication is triggered. The City has an existing Quimby in-lieu fee (also known as a Park In-Lieu Fee). As noted in the General Plan, Park In-Lieu Fees stem from the Quimby Act. Quimby provides for the dedication of land for parks, or in certain instances (i.e. a subdivision is small), a fee in-lieu of dedicating land is provided. It is important to note that for the Park In-Lieu Fee, infill projects are exempt, and the fee applies primarily to parkland and land improvements in new neighborhoods . For the Park Facilities Fee, which is a DIF, the fee applies only to new development and is only assessed for new capital costs related to the new development with a defined beneficiary relationship.

Parkland
AB1191, also known as the Quimby Act, was establish ed by the California State Legislature in 1965 and codified as California Government Code Sec tion 66477. The Quimby Act outlines the requirements for imposing fees for park purposes wi th a minimum of three (3) acres and a maximum of five (5) acres of green space per 1,000 residents. The Quimby Act allows the legislative body of a city or county, by ordinance, to require the dedication of land or impose a requirement of the payment of fees in-lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approva l of a tentative tract map or parcel map.

Currently the City imposes a Residential Quimby Par ks Fee based on three (3) acres per 1,000 residents or the payment of an in-lieu fee. The for mula is based on a dwelling unit factor, the parkland dedication requirement (currently three (3) acres per 1,000 residents) and the fair market value per acre (varies per development).

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Service Population
The Park Facilities Fee is not applied to non-resid ential development because workers typically do not use park facilities.

Current Level of Service
Per the City’s Comprehensive General Plan, the City has a total of 73.23 acres of developed parkland. Table 4-1 lists the existing parkland available to current residents. Based on a population of approximately 51,840, there are 1.41 acres of ex isting parkland per 1,000 persons/residents as also shown in Table 4-1. Thus, the current parkland is less than the stand ard of 3 acres per 1,000 people on a citywide level.

Table 4-1: Park Facility Inventory List

Park Facility Acreage 1
Community Parks
Dennis Keat Soccer Park 19.25
Subtotal Community Parks 19.25
Neighborhood Park
Dream Homes Park 7.85
Century Park 7.02
Ocotillo Park 7.04
Panorama Park 12.57
Patriot Park 7.00
Second Street Park 4.41
Subtotal Neighborhood Parks 45.89
Mini Park
Cathedral City Dog Park 1.29
Festival Lawn 2.04
Memorial Park 0.20
Town Square 2.06
Subtotal Mini Parks 5.59
Performance and Event Venue
Community Amphitheater 2.50
Subtotal Performance and Event Venues 2.50
Total Park Acreage 73.23
Existing Service Population 51,840
Total Park Acreage per 1,000 1.41
Notes:
1 Park acreages derived from the City of Cathedral City 2040 General Plan, Adopted 2021.

Source:

City of Cathedral City 2040 General Plan.

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Undeveloped Parkland
As identified in the 2040 General Plan, the City has continued to acquire parkland to further expand park and recreational services. The table below identifies acquired parkland that will be developed by the City as public parks in the future. The City is actively exploring partnerships with such entities as the Desert Health District and others. Such collaboration can extend the value and usefulness of City parks lands now and in the future.

As shown on the table above, the City currently own s approximately 128.3 acres of undeveloped parkland and is committed to developing the parklan d in the future. The City recently developed the Community Amphitheater at the corner of Cathedr al Canyon Drive and Avenida Lalo Guerrero, which is used as a music and theater venu e, and for other cultural, entertainment, and recreational uses. The City also recently completed the Panorama Dog Park with plans to build another dog park within the Downtown area. The City has identified required funding sources. The City has shown on ongoing commitment of finding funding for parks through grants, general fund revenue, and other funding sources. Funding for parks is outlined as an action item in the City’s 5 Year Strategic Plan and discussed in the City’s rec ently adopted 2040 General Plan. The City currently owns enough parkland that, when developed , the City will meet or exceed the General Plan standard of (3) acres per 1,000 residents.

The City has been successful in securing grants for park facilities in the past. The City was awarded $6.4 million in grant funding for the Ocotillo Park ($5 million) and the Amphitheater ($1.4 million) as well as $8.498 million for the Dream Homes Park. The City has demonstrated a successful track record and commitment to pursuing grant funding for parks and will continue to aggressively target and pursue grants for parks. Furthermore, in the C ity’s 5-year CIP the City has planned $1.56 million of General Fund revenue to fund parks. The City will continue to identify funding sources and explore partnerships for joint-use facilities t o develop the City’s undeveloped parkland.

Furthermore, the City has an existing fund balance for the Park and Recreation Facilities Fee of $899,554 as of 06/30/2022 per the City’s AB1600 annual report.

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Planned Level of Service
The City has established a goal for parks at three (3) acres of parkland per 1,000 residents, per the Parks Master Plan and City General Plan. This analy sis is based on the existing City standard of three (3) acres of parkland per 1,000 residents, where new development will contribute and develop three (3) acres of parkland per 1,000 residents. As new development cannot fund existing deficiencies, new development will not be required to bring the City’s existing level of service to this standard Citywide, but new development will be required to meet the standard of three (3) acres of parkland per 1,000 residents with this fee . Applying the General Plan standard to new development is consistent with the Mitigation Fee A ct, as outlined in Government Code Section 66001, “A fee shall not include the costs attributa ble to existing deficiencies in public facilities, but may include the costs attributable to the incre ased demand for public facilities reasonably related to the development project in order to (1) refurbish existing facilities to maintain the existing level of service or (2) achieve an adopted level of service that is consistent with the general plan”.

The City General Plan and the Municipal Code (Secti on 9.106.040) have an adopted level of service of three (3) acres of parkland per 1,000 re sidents. As stated previously, the existing level of service is identified and acknowledged that it falls below the City Standard. In compliance with Government Code Section 66001, the City Standard is utilized for the Park Facilities Fee as it is a City Standard set by the adopted General Plan and as the City has significant growth in the North area of the City, it is appropriate for new develop ment to meet this City Standard for the new residents to utilize parks. New development is expe cted to pay the fee that results in meeting the City Standard and will not be used to fund existing deficiencies. The City will use other funding sources, such as grants and General Fund revenue, to bring up the existing level of service to three (3) acres of parkland per 1,000 residents.

As outlined in the City’s 2040 General Plan, in 200 3, the Parks and Recreation Department was removed from City financial support due to budget c onstraints. The City continues to maintain a five-member citizen-based Parks and Community Events Commission to assess the community’s recreational services and facilities, and to advise the City Council regarding funding, recreational programming, parks facilities and usage, and related issues. Currently, the City does not meet the adopted standard of (3) three acres of parkland per 1,000 residents. The General Plan states that the City will strive to meet the adopted park acrea ge standards, identify appropriate locations for future parks and related open space, evaluate fundi ng options, and continue to develop parks and recreational facilities that best meet the needs of the community. It will continue to develop a complete network of bikeways and pedestrian pathway s. The network should be linked to important activity nodes within the community to de crease the dependence on vehicles and promote physical activity. The General Plan has a goal of a City-wide system of parks, open space and other recreational amenities and programs that at a minimum satisfy Quimby Act standards

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and another goal of a wide offering of facilities and programs supporting and encouraging physical activity, social interaction, and enhanced social c ohesion in the community parks, recreation and open space areas. Furthermore, as outlined in the City’s April 2023 5 Year Strategic Plan, it identifies actions for park funding.

As described in more detail in Chapter 9 of this Ne xus Study, the City may provide fee credits or reimbursements to developers who construct eligible facilities. Given that parkland must be dedicated at (3) acres per 1,000 residents, consistent with Quimby and the City’s municipal code, it would be inconsistent to then have a different s tandard for park facilities and adopting a lower standard for park amenitization could cause issues with fee credits and reimbursements. As demonstrated above, having a Park Facilities Fee ba sed on the General Plan standard meets the requirements of the Mitigation Fee Act, but also ma intains consistency with all adopted park policies and the City’s municipal code.

Fee Methodology
The Park Facilities Fee is based on the Facility St andards Method. This method determines the facilities and associated costs required to accommo date growth based on adopted City standards.

Using this approach for parks, new development funds the expansion of facilities and construction of new facilities at the adopted General Plan stand ard for the City. Table 4-2 calculates the total cost of future park improvements based on the Gener al Plan standard of three (3) acres per 1,000 residents, anticipated service population growth, a nd the cost per acre of park development. Fee revenues may be used to construct park improvements and facilities on land dedicated by developers in accordance with the City’s Quimby Ordinance or though land purchased through the payment of the in-lieu Quimby Fee.

Table 4-2: Future Park Facility Cost

Description Total Unit
Future Park Improvements
City of Cathedral City Park Acre per 1,000 Standard 1 3.00 acres City of Cathedral City Future Service Population 85, 130 residents Total Park Acreage Required to Serve New Development 255.39 acres Cost per Acre for Park Improvements 2 750,000 $ cost/acre Total Future Park Improvement Cost 191,542,500 $ Total Cost Notes:
1 Park Acreage per 1,000 derived from the City of Cathedral City 2040 Plan, adopted in 2021. 2 Cost per Acre of Park Improvements provided by the City of Cathedral City on August 18, 2022.

Source:

City of Cathedral City 2040 General Plan and Cathedral City Parks & Recreation Department.

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Table 4-3 identifies the park cost per capita by taking the future cost of park improvements and dividing by the future service population.

Table 4-3: Park Facility Cost per Resident

Fee Summary
The Park Facilities Fee per unit is calculated by m ultiplying the cost per capita by the average number of residents per unit type (density). The fe e per unit must then be converted to a fee per square foot by taking the total fee per unit and dividing by the estimated average unit size for each land use to arrive at the fee per square foot. The total fee includes a three percent (3%) administrative charge to fund fee program administr ative costs, including but not limited to preparing annual reports, preparing fee updates, an d other administrative tasks related to the fee program administration. These calculations are shown in Table 4-4.

Table 4-4: Park Facilities Fee Cost Summary

Revenue Projections
Table 4-5 summarizes the anticipated Park Facilities Fee rev enue. The revenue will be available to expand the City’s Park facilities to meet the ne eds of new residents. Based on the population estimates in this Nexus Study and using the City Ge neral Plan standard of 3 acres per 1,000 residents, it is anticipated that approximately 255 additional acres of parks facilities are needed to meet the needs of the City at Buildout at a cost of approximately $197 million.

Description Value
Future Facilities
Future Park Improvements 191,542,500 $
Subtotal Park Improvements 1 191,542,500 $
Future Service Population 85,130
Total Existing Level of Service per Capita 2,250 $
Notes:
1 Cost per Acre of Park Improvements provided by the City of Cathedral City on August 18, 2022.

Source:

City of Cathedral City 2040 General Plan.

Land Use
Cost Per
Capita Density
Subtotal Fee
(per unit)
Administration Fee
(per unit)
Total Fee
(per unit)
Average Unit
Size (SF) Fee/SF
Residential
Single Family 2,250 $ 2.85 6,412.50 $ 192.38 $ 6,604.88 $ 2,000 3.30 $ Multi Family 2,250 $ 2.51 5,647.50 $ 169.43 $ 5,816.93 $ 1,250 4.65 $ Notes:
1 An administrative fee of 3.0% is included in the fees shown for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.

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Table 4-5: Park Facilities Fee Estimated Revenue at Buildout

Nexus Requirement Summary
The Park Facilities Fee component of the DIF progra m meets the Mitigation Fee Act Requirements, as described in this section.

Requirement 1: Identify the purpose of the fee.

The purpose of the Park Facilities Fee is to fund the park needs generated by new development in the City. Each new resident creates a demand for ad ditional neighborhood parks, mini parks, and community parks. The City’s adopted standard is to provide 3 acres of parkland for each 1,000 residents. In order to accommodate these needs, new park facilities will be built and/or existing park facilities will be expanded . Table 4-3 calculates the parks cost per capita based on the C ity standard for parks and the estimated construction cost.

Requirement 2: Identify the use of the fee.

The Park Facilities Fee will be used to fund new pa rk development in order to meet the City’s General Plan and Park Master Plan standards discussed in this chapter. The anticipated fee revenue at Buildout is shown on Table 4-5.

Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The fee will be used to fund new neighborhood, mini and community parks that are necessary to serve the increased residents in the City. New resi dential development generates additional residents which increases the demand for park facilities. The Park Facilities Fee is calculated using the City’s General Plan standard of three (3) acres of park per 1,000 residents. Residential development is responsible for paying its fair shar e to meet the City’s standard. Non-residential uses do not pay the fee since they do not generate additional residents and workers have minimal impact on the City’s park system.

Land Use
Proposed
Fee (SF) 1
Anticipated
Growth
(units)
Anticipated
Growth
(SF)
Anticipated
Fee Collection
at Buildout 2
Residential per SF
Single Family $3.30 8,266 16,531,000 $54,552,300
Multi Family $4.65 24,531 30,663,915 $142,587,204
Total $197,139,504
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

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Table 4-3 calculates the cost per capita and then allocates the cost to each development type based on the estimated persons per household. Table 4-4 then calculates the cost per square foot for the residential units based on the estimated average unit size . By basing the fee on the size of the unit and the estimated number of new residents that is a nticipated to be generated by the addition of that square footage, the fee is directly correlated to the increased need for new parks.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new residential development is anticipated to generate new residents. The addition of new residents creates the need for new neighborhood, mi ni and community parks to meet the City’s General Plan park standard of three (3) acres per 1 ,000 residents. The fee is directly correlated to the number of new residents expected to be generate d by each type of development. Non- residential development does not pay for parks as non-residential developments do not generate a significant demand for park facilities. Residential development pays its fair share based on the estimated persons the new unit is expected to generate.

Requirement 5: Determine how there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

As new residential units are constructed, new park facilities are necessary to meet the City’s General Plan standard of 3 acres of park per 1,000 residents. The Park Facilities Fee is calculated by taking the cost per acre of park development tim es three (3) acres of parks per 1,000 future residents to determine the cost per capita, as show n in Table 4-3. The cost per capita is then allocated to each residential land use based on the persons per household each unit is expected to generate, assessed an administrative fee of 3% and divided by the average unit size in square feet to determine the fee per square foot as shown in Table 4-4. Since the need for park land is based on the number of new residents, calculating the fee based on the number of persons each unit is expected to generate and converting to a fee per square feet, ensures that each new residential unit is paying only its fair share of the required facilities.

By determining the fee based on the estimated new r esidents that would be generated by new development, each new residential unit is paying on ly its fair share of the facilities required to meet the City’s General Plan Standard. Non-residential land uses are not assessed a Park Facilities Fee as non-residential development will not generate an increase in park facility demand.

Development Impact Fee Nexus Study 23 September 202 3
City of Cathedral City
Section 5 Transportation Fee
Background
This section presents an analysis of the Citywide T ransportation Fee. The proposed Citywide Transportation Fee covers the costs to mitigate the impacts of new development on the City’s traffic facilities. The fees listed below are charged on new development within the City and cover transportation projects that were in part or fully attributable to new development when the projects were created:
• Traffic Signalization
• Road and Traffic Facilities
• Interchange and Bridges
• Bikeway Facilities
• Trail Facilities
The Citywide Transportation Fee proposes to merge t he five fees above into one single fee based on the updated analysis presented in this chapter. The new Citywide Transportation Fee will establish a separate capital facilities fund to avo id any commingling of transportation fees with other revenues and funds. The Mitigation Fee Act re quires that fees are expended solely for the purpose for which the fees were collected. To compl y with the Mitigation Fee Act, the existing funds for the Traffic Signalization, Road and Traffic Facilities, Interchange and Bridges, Bikeway Facilities, and Trail Facilities will be transferred to the new Citywide Transportation Fee fund.

As shown on Table 5-1, the future street improvements and traffic signal facilities were developed by the City of Cathedral City Engineering Departmen t based on facilities necessary to serve new development. Additional information is provided in Appendix B . The future bikeways and multi- modal facilities were derived from the City of Cathedral City Comprehensive General Plan.

Development Impact Fee Nexus Study 24 September 202 3
City of Cathedral City
Table 5-1: Transportation Facilities – Planned Facilities

Description Value
Street Improvements / Traffic Signals 1
Street Improvements 75,223,090.90 $
Traffic Signals 15,000,000.00 $
Subtotal Street Improvements / Traffic Signals 90,22 3,090.90 $ Mobility Improvements 2,3
Class I 17,610,912.00 $
Class 2 1,318,680.00 $
Off Road Shared NEV/Bike 313,632.00 $
Subtotal Mobility Facilities 19,243,224.00 $
Trips
Existing Trips 265,832
Future Additional Trips 582,607
Subtotal Trips 848,439
Trip Allocation
Existing Trips 31%
Future Additional Trips 69%
Subtotal Trips 100%
Transportation Improvements Cost Allocation
Existing Development Responsibility 34,297,853.37 $
Future Development Responsibility 75,168,461.53 $
Subtotal Improvement Costs 109,466,314.90 $
Total Transportation Fee per Future Trip 129.02 $
Notes:
1 Future street improvements and traffic signal facilities developed by the City of Cathedral City Engineering Department.
2 Future bikew ays & multi-modal facilities derived from the City of Cathedral City Draft Comprehensive General Plan dated July 1, 2019 and 2040 General Plan, adopted 2021. 3 Cost estimates per mile provided by the City of Cathedral City on August 18, 2022.

Source:

City of Cathedral City Comprehensive General Plan and Cathedral City Active Transportation Plan and City of Cathedral City.

AB1600 Fee Justification Nexus Study 25 September 2 023 City of Cathedral City
Service Population
Demand for services and the associated facilities for transportation are based on the additional trips that will be generated by new development through B uildout conditions. The Citywide Transportation Fee utilizes the land use trip generation assumptions presented in Table 5-2 for the various residential and non-residential land uses b ased on the ITE Trip Generation Manual, 11.1 Edition.

Table 5-2: Future Additional Trips

Cost Summary
The Citywide Transportation Fee will fund the expan sion and construction of new transportation facilities necessary to serve new growth. Table 5.1 calculates the fair share between existing and new development for new or expanded future faciliti es based on trips. These transportation facilities will be necessary to meet the demands of the growth of the City at Buildout. The transportation facilities listed in Table 5-1 have total DIF eligible project costs estimated to be approximately $109.5 million, with future developme nt’s responsibility approximately $75.2 million. These improvements listed on Table 5-1 are future improvements that have not yet been triggered nor are they required prior to development occurring. As new development occurs, there are additional trips associated with the new development, which correlates to a need for additional transportation improvements. The Nexus Study acknow ledges that the existing development will benefit from these transportation improvements once they are constructed and therefore existing developments’ fair share of the improvements (based trip generation rates) is allocated to existing development and is not spread to new development.

The City will review the potential funding sources for transportation projects to determine the appropriate funding mechanisms as transportation pr ojects move forward as well as identify Land Use Future Units / Workers ITE Trip Rate 1
Trips
Generated
Residential units
Single Family 8,266 9.43 77,943.67
Multi-Family 2 24,531 5.64 138,355.58
Subtotal Residential 216,299.25
Non-Residential workers
Commercial 20,908 8.71 182,111.28
Office 45,873 3.33 152,755.99
Industrial 6,226 5.05 31,440.38
Subtotal Non-Residential 366,307.66
Total Future Trips 582,606.91
Notes:
1 Institute of Transportation Engineers Common Daily Trip Generation Rates sourced from the ITE Trip Generation Manual, 11th Edition. 2 Multi-Family trip generation based on the average trips for attached 2-4 and attached 4+ units. ITE 11.1 Edition Daily Trip Generation Rate. ITE 11th Edition notes:

All land uses in the retail & services are entitled to a "pass-by" trip reduction of 60% if less than 50,000 SF or a reduction of 40% if equal to or greater than 50,000 SF. This Study assumes a 50% "pass-by" trip reduction.

Source:

Institute of Transportation Engineer's 11th Edition.

AB1600 Fee Justification Nexus Study 26 September 2 023 City of Cathedral City
funding sources through the CIP process and identify action plans in updates to the City's Strategic Plan. The $34.3 million will not be funded by new development as existing development will have an impact on these facilities and therefore the City will fund this amount through funding sources such as the General Fund, grants, or other funding sources. It is important for new development to fund their fair share of their impact on transportation facilities. As new development will impact the existing transportation infrastructure, this is a conservative approach that does not burden new development with any existing deficiencies.

Fee Methodology
The Transportation Fee uses the Planned Facilities Method to calculate the fee. The Planned Facilities Method calculates the fee based on the p lanned facilities associated with new development. This method is appropriate when planned facilities are mostly for the benefit of new development, such as a road extension to a previously undeveloped area.

The Transportation Fee is calculated based on the c ost per trip generated by new development.

The total cost of the facilities attributed to new development identified in Table 5-1 is spread over the anticipated number of trips that will be genera ted by future development (as shown in Table 5-2) to calculate the cost per trip.

To calculate the total number of new trips attribut able to new development through Buildout, the growth projections, detailed in Chapter 3 , are multiplied by the corresponding trip generation rates identified in Table 5-2. These trip generation rates for the land use types within this fee program are based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11.1 Edition.

The multi-family assumption is an average of the mu lti-family attached 2-4 rate and multifamily attached 4+ rate. The non-residential land use ITE rates are assessed per employee, so the rates are multiplied by future employees at Buildout in the City.

Residential trips were calculated by multiplying th e anticipated growth in residential units by the corresponding single family and multi-family trip g eneration rates. Non-residential trips were calculated by multiplying the anticipated growth in employees by the corresponding trip generation rates for each of the land uses. The ITE Trip Generation Manual, 11th Edition notes all Retail and Services land uses (commercial) are entitled to a "pass-by" trip reduction between 40%- 60%. This study assumes the average with a 50% trip reduction for commercial. Pass-by trips are a subset of trips traveling on a road that stops by a near-by commercial development. They are not new trips. Table 5-2 shows the breakdown of the total trips attributed to new development through Buildout condition.

Table 5-3 calculates the total number of existing trips attri butable to existing development. The existing land uses and employees, detailed within C hapter 3, are multiplied by the corresponding trip generation rates identified in Table 5-3. Table 5-3 displays the ITE trip generation rates for

AB1600 Fee Justification Nexus Study 27 September 2 023 City of Cathedral City
the land use types within this fee program. As stated previously, the multi-family assumption is an average of the multi-family attached 2-4 rate and multifamily attached 4+ rate. The non-residential land use ITE rates are assessed per employee, there fore these rates are multiplied by existing employees in the City. The existing trips are calcu lated to determine future developments responsibility as the total transportation cost is allocated between existing and future trips.

Table 5-3: Existing Trips

The cost per trip is calculated by taking the total cost of the DIF eligible transportation facilities , calculating the existing trips and future additiona l trips, diving the total cost between existing development and future development’s responsibility based on trips, and then dividing the future development responsibility cost by the trips genera ted by new development. This calculation is shown in Table 5-1.

Fee Summary
The Citywide Transportation Fee for new development is calculated by multiplying the cost per trip identified in Table 5-1 by trip generation rate for each land use. The total fee includes a three percent (3%) administrative charge to fund fee prog ram administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. The residential fee per unit is converted to a fee per square foot by dividing the fee per unit by the unit size estim ated in Table 3-4: Residential Land Use Average Unit Size . Table 5-4 shows the proposed new Citywide Transportation Fee s for new development.

Land Use Existing Units / Workers ITE Trip Rate 1
Trips
Generated
Residential units
Single Family 20,659 9.43 194,814.37
Multi-Family 68 5.64 384.65
Subtotal Residential 195,199.02
Non-Residential workers
Commercial 5,998 8.71 52,239.14
Office 4,179 3.33 13,914.45
Industrial 887 5.05 4,479.17
Subtotal Non-Residential 70,632.77
Total Existing Trips 265,831.78
Notes:
1 Institute of Transportation Engineers Common Daily Trip Generation Rates sourced from the ITE Trip Generation Manual, 11th Edition. 2 Multi-Family trip generation based on the average trips for attached 2-4 and attached 4+ units. ITE 11.1 Edition Daily Trip Generation Rate. ITE 11th Edition notes:

Source:

Institute of Transportation Engineer's 11th Edition.

AB1600 Fee Justification Nexus Study 28 September 2 023 City of Cathedral City

Table 5-4: Citywide Transportation Fee Summary

Reduced Traffic Fee
Residential developments near transit stations gene rate fewer trips than traditional land use configurations that rely on vehicles as the primary mode of transportation. According to various transportation studies, measurable trip reductions result for projects that are near transit stations and where there are a diversity of land uses that promote connectivity and walkability. To account for the reduced trip rates generated by projects meeting the above characteristics, an additional trip adjustment factor is applied to new residential land uses meeting the following criteria:

1. The housing development is located within one-half mile of a transit station and there is direct access between the project and the transit station along a barrier-free walkable pathway not exceeding one-half mile in length.

2. Convenience retail uses, including a store that sel ls food, are located within one-half mile of the housing development.

3. The housing development provides either the minimum number of parking spaces required by the local ordinance, or for residential units, no more than one onsite parking space for zero to two bedroom units, and two onsite parking spaces for three or more bedroom units, whichever is less.

For purposes of this reduction, the definition of t ransit station shall be defined by California Government Code Section 65460.1, “Transit station” means a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. Also, a “housing development” shall be defined by California Government Code Section 66005.1, which i s a development project with common ownership and financing consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use.

Commercial trips often coincide with other trips (i .e., Person A stops by the store on their way home from work, Person B stops by a restaurant afte r grocery shopping, etc.) This “pass-by” trip Land Use Cost per Trip Trips
Employees
per 1,000 SF
Improvement
Fee
Administration
Fee
Total
Fee
Average
Unit Size
(SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 129.02 $ 9.43 - 1,216.67 $ 36.50 $ 1,253.17 $ 2,000 0.63 $ Multi Family 129.02 $ 5.64 - 727.68 $ 21.83 $ 749.51 $ 1,250 0.60 $ Non-Residential (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 129.02 $ 8.71 1.82 2,045.26 $ 61.36 $ 2,106.62 $ Office 129.02 $ 3.33 4.00 1,718.56 $ 51.56 $ 1,770.12 $ Industrial 129.02 $ 5.05 0.40 260.62 $ 7.82 $ 268.44 $ Notes:
1 An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.

Source:

Institute of Transportation Engineer's 11th Edition.

AB1600 Fee Justification Nexus Study 29 September 2 023 City of Cathedral City
reduction amount is factored into the Commercial trip generation estimates (Table 5-2) as well as the fee for commercial land use in Table 5-4.

Revenue Projections
Table 5-5 summarizes the anticipated Citywide Transportation Fee revenue collected at Buildout.

The revenue will be used to fund the transportation facilities show on Table 5-1.

Table 5-5: Anticipated Citywide Transportation Fee Collection at Buildout

Nexus Requirement Summary
The proposed Citywide Transportation Fee meets the Mitigation Fee Act Requirements, as described in this section.

Requirement 1: Identify the purpose of the fee.

The purpose of the Citywide Transportation Fee is t o fund planned transportation facilities included in Table 5-1 to serve future development. In order to accommoda te this need, new facilities must be built and/or existing facilities expanded.

Requirement 2: Identify the use of the fee.

The fee will be used to fund the planned transporta tion facilities identified in Table 5-1 and detailed in Appendix B , that are necessary to serve increased transportat ion demand. The improvements were identified through the current Ci ty General Plan Update, City identified projects, and additional City discussions, as the f acilities that are required to mitigate the impact of new development in the City.

Land Use
Proposed
Fee 1
Anticipated

Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $0.63 8,266 16,531,000 $10,358,077
Multi Family $0.60 24,531 30,663,915 $18,386,329
Non-Residential
per 1000 SF 1,000 SF
Commercial $2,106.62 n/a 11,488 $24,201,011
Office $1,770.12 n/a 11,468 $20,300,033
Industrial $268.44 n/a 15,565 $4,178,146
Total $77,423,596
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

AB1600 Fee Justification Nexus Study 30 September 2 023 City of Cathedral City
Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The Citywide Transportation Fees will be used to fu nd the new transportation facilities and improvements that are necessary to serve the increa se in transportation demand due to new development. The cost of the transportation improvements is spread to each land use based on the number of trips generated by each land use. This co rrelation to trips ensures that each new development pays their fair share of the transportation costs.

The cost per trip calculations is shown in Table 5-1. The fee calculation is shown in Table 5-4.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new residential and non-residential development within the City will generate additional trips that incrementally adds to the need for new traffic infrastructure and facilities to serve the increased residents and businesses within the City and ensure that traffic facilities can accommodate the increased demand. These facilities are identified i n the current City General Plan Update and through City discussions. Each new residential and non-residential development pays an impact fee based on the additional trips that is expected to be generated by the new development. To accommodate these additional trips, new transportat ion improvements will be needed city-wide.

Utilizing trips generated by each development ensur es that each type of development pays their fair share of the required new transportation facilities. This calculation is shown in Table 5-4.

The transportation facilities that are necessary fo r the new development are summarized in the planned improvements presented in Table 5-1. Each land use pays their fair share of costs base d on the number of trips generated by that land use as shown in Table 5-2. Existing development is netted out from the analysis based on existing trips (calculated on Table 5-3), to ensure that future land uses only pays their fair share of the traffic improvements, as calculated in Table 5-1. The cost per trip is then spread to each land use based on the ITE Trip Generation Rates. This calculation is shown in Table 5-4 . Utilizing trips ensures that each development pay s their fair share of the cost.

AB1600 Fee Justification Nexus Study 31 September 2 023 City of Cathedral City
Section 6 General Government Facilities Fee
Background
This section presents an analysis of the need for g eneral government facilities to accommodate new development in the City and the fees that are n ecessary in order to ensure that new development provides adequate funding to meet this increased need. The City does not currently have a General Government Facilities Fee and this N exus Study presents the methodology to establish the fee. The City does have a City Yard Vehicle Storage Fee that will be combined with this new General Government Facilities Fee.

The General Government Facilities Fee will fund str uctures, vehicles, and equipment related to government facilities, such as City Hall, Library, and Public Works facilities that are needed to serve the future service population of the City.

The Civic Center is located at 68700 Avenida Lalo G uererro and contains approximately 65,000 square feet. It houses the Police Department (inclu ded in a separate chapter) and city staff and administrative offices, including the Mayor’s offic e and City Council chambers. Per discussions with City Staff, there is room to expand at the cur rent location. Per the General Plan, the City’s corporate yard is located at 68385 Kieley Road, near Cathedral Canyon Drive. The facility includes two masonry buildings with a total of approximately 8,500 square feet. One building serves as a vehicle maintenance garage/workshop, and the other includes staff offices for the Public Works Department and warehousing space. The remainder of the site consists of an asphalt parking lot, which accommodates staff and City-owned vehicles. C ity staff has indicated that additional parking space is needed and that the corporate yard may be expanded in the future. Furthermore, as the City grows, especially North of I-10, additi onal general government facilities may be needed, such as library facilities.

Current Level of Service
The current level of service is based on the value of the General Government Facilities as shown below in Table 6-1. The value for the police station and jail is included in the Police Facilities Fee and not the General Government Facilities Fee. The table also shows the City’s current general government inventory of vehicles and equipment.

To determine the current level of service, the value of the existing general government facilities is divided by the existing service population to deriv e the existing level of service cost per capita/worker. The cost per capita for non-residential land uses is weighted using the factors shown in Table 3-1 to calculate the cost per worker. This calculation is shown in Table 6-2. .

AB1600 Fee Justification Nexus Study 32 September 2 023 City of Cathedral City
Table 6-1: General Government Facilities Inventory List

Description Address Quantity UOM Value 1,2
General Government Facilities
Maintenance & Operations 68385 Kieley Road 5,184 SF 1,0 88,179 $ Maintenance & Operations - Land 687-073-046 1.12 AC 487 ,872 $ Library 33520 Date Palm Drive 20,245 SF 8,177,754 $
Library - Land 3 673-030-016 2.60 AC 1,132,560 $
Civic Center / City Hall 4 68-700 Avenida Lalo Guerrero 36,430 SF 14,900,238 $ Civic Center / City Hall - Land 4 687-471-006 2.03 AC 884,970 $ City Hall Parking Structure 68-594 Avenida Lalo Guer rero 230,808 SF 15,942,266 $ City Hall Parking Structure - Land 687-471-008 3.18 AC 1,385,208 $ City Hall - Bell Tower 68-700 Avenida Lalo Guerrero 264 SF 921,894 $ City Hall - Bell Tower - Land 687-471-006 0.00 AC - $
Public Works Building 68-526 Avenida Lalo Guerrero 7,000 SF 333,025 $ Public Works Building - Land 687-171-007 0.00 AC - $
Subtotal General Government Facilities 45,253,966 $
Vehicles & Equipment 5
Mobile - Contractor's Equipment 289,583 $
2018 Chevy Silverado 3500 HD 75,000 $
2018 Chevy Silverado 3500 HD 75,000 $
2014 Ford F-150 Truck 55,000 $
2014 Ford F-150 Truck 55,000 $
2014 Ford F-150 Truck 55,000 $
2016 Chevy Silverado 2500 HD 55,000 $
2016 Chevy Silverado 2500 HD 55,000 $
2016 GMC Sierra 55,000 $
2016 GMC Sierra 55,000 $
2018 Ford F-150 55,000 $
2019 Chevy Tahoe 65,000 $
2019 Chevy Tahoe 65,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2018 Chevy Malibu 55,000 $
2020 Ford Ranger-STVR 55,000 $
2020 Ford Ranger-STVR 55,000 $
2017 DS63 2 Flex 1 Insert Feeder 8,481 $
Mail Machine 5,914 $
HP Page Wide X L 4100 Printer & Scanner 20,646 $
Volanti Multi-Touch Display 11,199 $
Volanti Multi-Touch Display 11,199 $
Subtotal Vehicles & Equipment 1,452,022 $
Total Government Facilities 46,705,988 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. Rounded to nearest dollar. 2 Land values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. Rounded to nearest dollar. 3 4
5 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided on March 23, 2023 and Listing of Non-Mobile Equipment List provided on March 29, 2023 by Cathedral City Staff. Excludes vehicles past their useful life.

APN 673-030-016 is listed in the County Assessor's Database as 7.890 Acres. How ever, the Library shares the parcel w ith Patriot Park and only utilizes 2.60 acres of the Parcel.

Cost allocation betw een General Government Facilities and Police based on the square footage of each use. General Government Facilities utilizes 36,430 SF of the 68,140 SF Building

AB1600 Fee Justification Nexus Study 33 September 2 023 City of Cathedral City
Table 6-2: General Government Facilities Existing Level of Service

Planned Level of Service
The City’s general facilities serve both residents and businesses. Demand for services and associated facilities, is based on the City’s servi ce population including residents and workers.

The City plans to maintain the current level of service per resident and worker, as shown on Table 6-2, with appropriate participation from new developme nt. Per AB 602, when applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate.

This Nexus Study identifies the existing level of service per resident and worker and based on the Nexus Study analysis and discussions with City staff, it has been deemed appropriate to maintain the existing level of service. As described below, this ensures that no facility deficiencies are spread to future development.

Fee Methodology
The General Government Facilities Fee is based on t he Existing Inventory Method. This method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Unde r this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facil ity deficiencies are spread to future development.

Description Value
Existing Facilities 1
General Government Facilities 45,253,966 $
Vehicles & Equipment 1,452,022 $
Subtotal General Government Facilities 46,705,988 $
Existing Service Population 2 55,933
Total Existing Level of Service per Resident 835.03 $
Total Existing Level of Service per Worker 308.96 $
Notes:
1 2
Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Existing Facilities values derived from the Cathedral City "Statement of Values" and "Listing of Vehicles" provided by Cathedral City Staff on May 11, 2022 and March 23, 2023.

Existing Service population comprises of the 51,840 Residents and 9,934 Workers (w orkers w eighted at

0.37 based on a 45 hour w ork w eek).

AB1600 Fee Justification Nexus Study 34 September 2 023 City of Cathedral City
Fee Summary
The General Government Facilities Fee is distribute d across the various land uses by multiplying the cost per capita/worker by the average number of residents/workers per unit type (density) as identified in Table 3-3 (e.g. for single family residential the density assu mption is 2.85 residents per unit). For each residential land use, the fee p er unit is then converted to a fee per square foot by dividing the cost per unit by the estimated aver age unit size for each land use. For non- residential land use categories, density is shown o n a workers per 1,000 square feet basis and the fee is then calculated on the same basis. The total fee includes a three percent (3%) administrative charge to fund fee program administrative costs, in cluding but not limited to preparing annual reports, preparing fee updates, and other administr ative tasks related to the fee program administration. These calculations are shown in Table 6-3.

Table 6-3: General Government Facilities Fee Summary

Revenue Projections
Table 6-4 summarizes the anticipated General Government Facil ities Fee revenue that will be utilized to fund the construction and/or expansion of general government facilities that will serve new development. The General Government Facilities Fee will be used to fund the cost of expansions or new construction at the current City Hall for General Government Facilities, related to the growth of the City. It is anticipated that t he current City Hall may be able to accommodate a minor expansion, additional City Hall facilities may be built, or a new City Hall building will eventually be built to serve the demand of future g rowth. Additional library and public works facilities in the North area of the City may be fun ded by General Government Facilities Fee revenues as the City’s service population increases.

Land Use
Cost Per
Resident /
Worker Density
Subtotal
Fee
Administration
Fee Total Fee
Average
Unit Size
(SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 835.03 $ 2.85 2,379.84 $ 71.40 $ 2,451.24 $ 2,000 1.23 $ Multi Family 835.03 $ 2.51 2,095.93 $ 62.88 $ 2,158.81 $ 1,250 1.73 $ Non-Residential 2 (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 308.96 $ 1.82 562.31 $ 16.87 $ 579.18 $ Office 308.96 $ 4.00 1,235.84 $ 37.08 $ 1,272.92 $ Industrial 308.96 $ 0.40 123.58 $ 3.71 $ 127.29 $ Notes:
1 2
Non-residential density based upon USGBC LEED BD+C: New Construction | v4 - Default Occupancy Counts.

An administrative fee of 3.0% is included in the fees show n for (1) legal, accounting, and other administrative support and (2) development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis.

AB1600 Fee Justification Nexus Study 35 September 2 023 City of Cathedral City
Table 6-4: General Government Fee Estimated Revenue at Buildout

Nexus Requirement Summary
The General Government Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section.

Requirement 1: Identify the purpose of the fee.

The purpose of the General Government Facilities Fe e is to fund the General Government Facilities needs generated by new development in th e City, such as new or expanded facilities at City Hall or new facilities in the North area of th e City. Each new resident and worker create a demand for additional general government facilities . In order to accommodate these needs, new general government facilities will be built and/or existing facilities will be expanded.

Requirement 2: Identify the use of the fee.

The General Government Facilities Fee will be used to fund new general government facilities in order to maintain the City’s existing level of serv ice. The anticipated fee revenue at Buildout is shown on Table 6-4, which will be used to fund new or expanded facilities at City Hall and new general government facilities, especially in the N orth area of the City, such as library facilities and additional corporation yard facilities. The cap ital improvement projects are identified in Appendix A.

Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The fee will be used to fund new general government facilities that are necessary to serve the increased residents and workers in the City. New de velopment generates additional residents and workers which increases the demand for general gove rnment facilities. The existing inventory Land Use
Proposed
Fee 1
Anticipated
Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $1.23 8,266 16,531,000 $20,333,130
Multi Family $1.73 24,531 30,663,915 $53,048,573
Non-Residential
per 1,000 SF 1,000 SF
Commercial $579.18 n/a 11,488 $6,653,664
Office $1,272.92 n/a 11,468 $14,598,060
Industrial $127.29 n/a 15,565 $1,981,211
Total $96,614,638
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

AB1600 Fee Justification Nexus Study 36 September 2 023 City of Cathedral City
method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the construction of new facilities or the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development.

Table 6-1 identifies the existing general government facilit ies and Table 6-2 calculates the existing cost per capita/worker. Workers are weighted less than residents to reflect lower per capita service demand. Non-residential buildings are typically occupied less than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per-resident demand. The 0.37-weighting factor for workers is ba sed upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a residen t’s non-working time of 123 hours (168 hours per week less 45 work hours).

The cost per capita/worker is then allocated to eac h development type based on the estimated persons per household and employees per 1,000 squar e feet. Table 6-3 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential . Calculating the fees based on the new residents or employees projected ensures a reasonable relationship between the fees use and the type of development planned to be built.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new or e xpanded general government facilities to maintain the City’s existing level of service. The General Government Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impact.

New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident. The fee for each unit type is calculated in Table 6-3.

As new development is constructed, new or expanded general government facilities are needed to meet the City’s existing level of service for government facilities. The fee is based on the Existing Inventory Method.

The existing level of service is calculated by taking the total general government facilities cost and dividing it by the existing service population to d erive the existing level of service cost per

AB1600 Fee Justification Nexus Study 37 September 2 023 City of Cathedral City
capita/worker as shown in Table 6-2. The fee for each land use is then calculated by m ultiplying the cost per capita/worker by the number of new res ident equivalents that each land use will generate and converting to a fee per square foot for residential and a fee per 1,000 square foot for non-residential as shown in Table 6-3 . Since the need for the facilities directly correl ates to the addition of new residents and workers, determining the fee based on the projected equivalent residents for each land use ensures that new develo pment pays for their fair share of the required future facilities.

AB1600 Fee Justification Nexus Study 38 September 2 023 City of Cathedral City
Section 7 Fire Facilities Fee
Background
This section presents an analysis of the City’s Fire Facilities Fee. The Fire Facilities Fee provides funding for fire facilities, equipment, and vehicles as a result of increased demand for fire services arising from new development. Currently the City has a Public Safety Fee that includes police and fire services. This Nexus Study proposes a separate fee for police and fire. The Fire Facilities Fee will include the fire portion of the City’s current Fire and Police Facilities/Equipment Fee and Public Safety Facilities Fee.

Currently the Cathedral City Fire Department staffs three firehouses with five to six firefighters and ambulance operators, as well as an administrative office with the fire chief, deputy fire chief, three battalion chiefs, a fire inspector and two administrative support staff.

Current Level of Service
Table 7-1 shows the City’s current fire inventory of fire st ations, vehicles and equipment that serve the City. Table 7-2 calculates the existing level of service per resident/worker.

AB1600 Fee Justification Nexus Study 39 September 2 023 City of Cathedral City
Table 7-1: Fire Facilities Inventory List

The total fire facilities value is divided by the existing service population to establish the existing level of service per resident/worker as shown in Table 7-2.

Description Address Quantity UOM Value 1
Fire Facilities
Fire Station #1 - 411 68-950 Buddy Rogers Avenue 9,20 0 SF 9,893,428.00 $ Fire Station #1 - 411 - Land 2 687-180-009 & 687-180-011 2.78 AC 1,210,968.00 $ Fire Station #2 - 412 32100 Desert Vista Rd. 11,018 SF 4,148,662.00 $ Fire Station #2 - 412 - Land 2 680-282-034 1.33 AC 579,348.00 $ Fire Station #3 - 413 27610 Landau Blvd. 14,000 SF 3,06 4,777.00 $ Fire Station #3 - 413 - Land 2 675-500-006 1.46 AC 635,976.00 $ Subtotal Fire Facilities 19,533,159.00 $
Vehicles & Equipment 3
2013 Ford Leader Ambulance 220,000.00 $
2016 E-450 Marque Ambulance 220,000.00 $
2016 Marque Ambulance 220,000.00 $
2002 La France Telesquirt Fire Truck 750,000.00 $
2009 Pierce Fire Truck 750,000.00 $
2013 Pierce Type 1 Pumper 750,000.00 $
Pierce Quantum Pumper Fire Truck 800,000.00 $
2014 Pierce Quantum 75' Fire Engine 800,000.00 $
2020 Chevy Suburban 115,000.00 $
2014 Ford Taurus 50,000.00 $
2020 Ford F-250 65,000.00 $
2022 Chevy Tahoe 65,000.00 $
2021 Medix F-450 Ambulance 220,000.00 $
2021 Medix F-450 Ambulance 220,000.00 $
Ambulance Cot 13,483.30 $
X Series Zoll Monitors (7) 213,223.65 $
Zoll Auto Pulse Resuscitation System (3) 29,937.67 $
Extrication Unit (Jaws of Life Tool) 39,435.49 $
Antennas & Control Station 12,204.00 $
Extractor Units 45,676.31 $
Stryker Power-Pro XT Ambulance Cot 20,033.38 $
Fire Station 412 Alerting System 119,839.04 $
Fire Station 413 Alerting System 123,148.77 $
Breathing Apparatus Scott Air Packs (45) 358,737.86 $
Subtotal Vehicles & Equipment 6,220,719.47 $
Total Fire Facilities 25,753,878.47 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. 2 Land values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022. 3 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

AB1600 Fee Justification Nexus Study 40 September 2 023 City of Cathedral City
Table 7-2: Fire Facilities Existing Level of Service

Planned Level of Service
The City plans to maintain the current level of ser vice, as shown in Table 7-2, with appropriate participation from new development. Per AB 602, when applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate. This Nexus Study identifies the existing level of service per resident and work er and based on the Nexus Study analysis and discussions with City staff, it has been deemed appropriate to maintain the existing level of service.

As described below, this ensures that no facility deficiencies are spread to future development.

Fee Methodology
The Fire Facilities Fee is calculated using the Existing Inventory Methodology. This method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method ensures that no facil ity deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available.

Fee Summary
The Fire Facility Fee per unit is calculated by multiplying the cost per capita by the average number of resident equivalents per unit type (density). Th e cost per capita for non-residential land uses is weighted using the factors shown in Table 3-1. For residential uses, the fee per unit must then be Description Value
Existing Facilities
Fire Facilities 1 19,533,159.00 $
Vehicles & Equipment 2 6,220,719.47 $
Subtotal Fire Facilities 25,753,878.47 $
Existing Service Population 3 55,933
Total Existing Level of Service per Resident 460.44 $
Total Existing Level of Service per Worker 170.36 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022.
2 Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided by Cathedral City Staff on March 23, 2023.
3 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Existing Service population comprises of the 51,840 Residents and 9,934 Workers (w orkers w eighted at

0.37 based on a 45 hour w ork w eek).

AB1600 Fee Justification Nexus Study 41 September 2 023 City of Cathedral City
converted to a fee per square foot for each unit ty pe by dividing by the average size of each unit.

The total fee includes a three percent (3%) adminis trative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee p rogram administration. Table 7-3 summarizes these calculations.

Table 7-3: Fire Facilities Fee Summary

Revenue Projections
Table 7-4 summarizes the anticipated Fire Facilities Fees. Th e revenue will be applied to future fire stations and fire equipment to meet the needs of new development. According to discussions with the fire chief, the current fire stations are at full capacity and could not accommodate any additional expansion to meet additional demand. At full Buildout, an additional two fire stations will be needed. The two additional fire stations will also require fire apparatuses, ambulances, and other equipment. The City already plans to build an additional fire station at Date Palm Drive and Varner Road when required by population and busines s growth. To accommodate these stations and additional engine companies, the chief stated t hat a training facility would be needed at Buildout. Currently, the City has an agreement to utilize the CalFire Training Facility in Thousand Palms to meet firefighters training requirements. With the construction of an additional fire station and the hiring of additional firefighters, the continued use of the CalFire Training Facility will no longer be viable due to the competition for trainin g time with other agencies. As a result, as the City grows, the City plans to construct a dedicated fire training facility that ensures that the required training for all the City’s firefighters can be maintained.

Land Use
Cost Per
Resident /
Worker Density
Subtotal
Fee
Administration
Fee
Total
Fee
Average Unit
Size (SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 460.44 $ 2.85 1,312.25 $ 39.37 $ 1,351.62 $ 2,000 0.68 $ Multi Family 460.44 $ 2.51 1,155.70 $ 34.67 $ 1,190.37 $ 1,250 0.95 $ Non-Residential 2 (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 170.36 $ 1.82 310.06 $ 9.30 $ 319.36 $ Office 170.36 $ 4.00 681.44 $ 20.44 $ 701.88 $ Industrial 170.36 $ 0.40 68.14 $ 2.04 $ 70.18 $ Notes:
1 2
Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).

AB1600 Fee Justification Nexus Study 42 September 2 023 City of Cathedral City
Table 7-4: Anticipated Fire Facilities Estimated Revenue at Buildout

Nexus Requirement Summary
The Fire Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section.

Requirement 1: Identify the purpose of the fee.

The purpose of the Fire Facilities Fee is to fund new development’s fair-share portion of new fire facilities, such as new fire stations and training facilities, vehicles and fire equipment required for the additional fire personnel that are necessary to mitigate the impacts of new development. Each new resident and worker creates a demand for additi onal fire facilities. In order to accommodate these needs, new fire facilities will be built and/ or existing facilities will be expanded per capita/worker.

Requirement 2: Identify the use of the fee.

The Fire Facilities Fee will be used to fund new de velopment’s fair-share portion of the fire facilities, new fire stations, training facilities, vehicles and fire equipment required to serve new development in order to maintain the City’s existing level of service. The anticipated fee revenue at Buildout is shown on Table 7-4.

The capital improvement projects are identified in Appendix A .

Land Use
Proposed
Fee 1
Anticipated

Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $0.68 8,266 16,531,000 $11,171,815
Multi Family $0.95 24,531 30,663,915 $29,201,123
Non-Residential
per 1000 SF 1000 SF
Commercial $319.36 n/a 11,488 $3,668,832
Office $701.88 n/a 11,468 $8,049,278
Industrial $70.18 n/a 15,565 $1,092,320
Total $53,183,368
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

AB1600 Fee Justification Nexus Study 43 September 2 023 City of Cathedral City
Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The fee will be used to fund new fire facilities th at are necessary to serve the increased residents and workers in the City. New development generates additional residents and workers which increases the demand for fire facilities. The Exist ing Inventory Method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new dev elopment funds the expansion of facilities at the same standard currently serving existing develo pment. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development.

Table 7-1 identifies the existing fire facilities and Table 7-2 calculates the existing cost per capita/worker. Workers are weighted less than residents to reflect lower per capita service demand.

Non-residential buildings are typically occupied le ss than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per-resident demand. The

0.37-weighting factor for workers is based upon a 4 5-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours).

The cost per capita/worker is then allocated to eac h development type based on the estimated persons per household and employees per 1,000 squar e feet. Table 7-3 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential . Calculating the fees based on the new residents or employees generated ensures a reasonable relationship between the fees use and the type of development project.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new fire facilities to maintain the City’s existing level of service. The Fire Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impa ct. New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident.

The fee for each unit type is calculated in Table 7-3.

As new development is constructed, additional fire facilities are needed to meet the City’s existing level of service. The fee is based on the existing inventory method.

AB1600 Fee Justification Nexus Study 44 September 2 023 City of Cathedral City
The existing level of service is calculated by taking the total fire facilities value and dividing it by the existing service population to derive the exist ing level of service cost per capita/worker as shown in Table 7-2 . The fee for each land use is then calculated by m ultiplying the cost per capita/worker by the projected number of new resident equivalents that each land use will generate, and converting to a fee per square foot for residen tial and a fee per 1,000 square foot for non- residential land uses as shown in Table 7-3. Since the need for the facilities directly correl ates to the addition of new residents and workers, determin ing the fee based on the equivalent residents each land use is expected to generate ensures that each new development pays for their fair share of the required future facilities.

AB1600 Fee Justification Nexus Study 45 September 2 023 City of Cathedral City
Section 8 Police Facilities Fee
Background
This section presents an analysis of the City’s Pol ice Facilities Fee. The Police Facilities Fee provides funding for police facilities, equipment, and vehicles as a result of increased demand for police services arising from new development. Curre ntly the City has a Public Safety Fee that includes police and fire services. This Nexus Study proposes a separate fee for police and fire. The Police Facilities Fee will include the police porti on of the City’s current Fire and Police Facilities/Equipment Fee, Public Safety Facilities Fee, Police Community Center Fee, and Police Safety Training Site Fee.

The current police headquarters and jail is located within the City Hall building in the City.

Current Level of Service
Table 8-1 shows the City’s current police inventory of polic e facilities, vehicles and equipment.

The current value is divided by the existing servic e population to establish the existing level of service per capita. Table 8-2 calculates the existing level of service per resident/worker.

AB1600 Fee Justification Nexus Study 46 September 2 023 City of Cathedral City
Table 8-1: Police Facilities Inventory List

Description Quantity UOM Value 1,2
Police Facilities
Police HQ / Jail 3 31,710 SF 12,969,710.64 $
Police HQ / Jail - Land 3 1.77 AC 770,310.08 $
Subtotal Police Facilities 13,740,020.72 $
Vehicles & Equipment 4
1999 Ford E-450 Mobile Command Post 100,000.00 $
2015 Honda Motorcycle 39,700.00 $
2016 Ford Escape 48,000.00 $
2016 Ford Taurus 65,000.00 $
2016 Ford Taurus 65,000.00 $
2017 Ford C-Max 48,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Explorer 65,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2017 Ford Fusion 40,000.00 $
2018 Ford F-150 55,000.00 $
2018 Honda Accord 51,202.00 $
2020 Ford F-150 55,000.00 $
2020 Ford Fusion 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2020 Ford Police Interceptor Utility 65,000.00 $
2021 Ford Explorer 65,000.00 $
2021 Ford F-150 65,000.00 $
2021 Ford Police Interceptor Utility 65,000.00 $
2021 Ford Police Interceptor Utility 65,000.00 $
2021 Ford Police Interceptor Utility 65,000.00 $
License Plate Reader - Hardware & Software 14,706.00 $
License Plate Reader - Hardware & Software 14,706.00 $
Mini-Caliber Swat Robot 55,709.25 $
Security Lines US HD Cameras (2) 10,945.00 $
Motorola Handheld Radios (100) 865,514.52 $
Motorola Mobile Radios (90) 766,675.86 $
Watchguard In-Car Cameras (8) 54,996.50 $
Subtotal Vehicles & Equipment 4,005,155.13 $
Total Police Facilities 17,745,175.85 $
Notes:
1 2
3 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Building & Land values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022.

Cost allocation betw een General Government Facilities and Police based on the square footage of each use. Police Facilities utilize 31,710 SF of the 68,140 SF Building.

Vehicle & equipment values derived from the Cathedral City Listing of Vehicles & Art provided on March 23, 2023 and Listing of Non-Mobile Equipment List provided on March 29, 2023 by Cathedral City Staff and additional input from City staff. Excludes vehicles past their useful life.

AB1600 Fee Justification Nexus Study 47 September 2 023 City of Cathedral City
The total police facilities value is divided by the existing service population to establish the existing level of service per resident/worker as shown in Table 8-2.

Table 8-2: Police Facilities Existing Level of Service

Planned Level of Service
The City plans to maintain the current level of ser vice, as shown on Table 8-1, with appropriate participation from new development. Per AB 602, when applicable, the nexus study shall identify the existing level of service for each public facility, identify the proposed new level of service, and include an explanation of why the new level of service is appropriate. This Nexus Study identifies the existing level of service per resident and work er and based on the Nexus Study analysis and discussions with City staff, it has been deemed appropriate to maintain the existing level of service.

As described below, this ensures that no facility deficiencies are spread to future development.

Fee Methodology
The Police Facilities Fee is calculated using the E xisting Inventory Methodology. The existing inventory method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per s quare foot basis. Under this approach, new development funds the expansion of facilities at th e same standard currently serving existing development. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development. This method is often used when a long-range plan for new facilities is not available.

Description Value
Existing Facilities
Police Facilities 1 13,740,020.72 $
Vehicles & Equipment 2 4,005,155.13 $
Subtotal Police Facilities 17,745,175.85 $
Existing Service Population 3 55,933
Total Existing Level of Service per Resident 317.26 $
Total Existing Level of Service per Worker 117.38 $
Notes:
1 Building values derived from the Cathedral City Statement of Values dated March 29, 2022 provided by Cathedral City Staff on May 11, 2022.
2 Vehicle & equipment values derived from the Cathedral City Listing of Vehicles provided by Cathedral City Staff on March 23, 2023.
3 Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Existing Service population comprises of the 51,840 Residents and 9,934 Workers (w orkers w eighted at

0.37 based on a 45 hour w ork w eek).

AB1600 Fee Justification Nexus Study 48 September 2 023 City of Cathedral City
Fee Summary
The Police Facility Fee per unit is calculated by m ultiplying the cost per resident/worker by the average number of resident/worker equivalents per unit type (density). The cost per capita for non- residential land uses is weighted using the factors shown in Table 3-1. For residential uses, the fee per unit must be converted to a fee per square foot for each unit type by dividing by the average size of each unit. The total fee includes a three p ercent (3%) administrative charge to fund fee program administrative costs, including but not limited to preparing annual reports, preparing fee updates, and other administrative tasks related to the fee program administration. Table 8-3 summarizes these calculations.

Table 8-3: Police Facilities Fee Summary

Revenue Projections
Using City of Tracy’s $15,213,000 cost estimate for an 8,800 SF Police Substation and other cities’ comparable cost estimates, a new 31,700 squ are foot North City Cathedral City Police Department substation, in today’s dollars, is estimated to cost $54 million. This substation would need to be operational before Buildout. Revenues collected through development impact fees will not fully fund the required facilities. Table 8-4 shows the approximate Police Facilities Fee revenues collected at Buildout.

Table 8-4 summarizes the anticipated Police Facilities Fee re venues collected at Buildout. To ensure that the police department can meet the need s of the growing City community, the police department will eventually need to build additional police facilities. The following list provides examples of future police facilities that may be constructed as the City grows in order to maintain existing levels of service. This list is not all inclusive and may be modified as facility requirements change:

Land Use
Cost Per
Resident /
Worker Density Subtotal Fee
Administration
Fee 1 Total Fee
Average
Unit Size
(SF) Fee/SF
Residential (per Unit) (per Unit) (per Unit)
Single Family 317.26 $ 2.85 904.18 $ 27.13 $ 931.31 $ 2,000 0.47 $ Multi Family 317.26 $ 2.51 796.31 $ 23.89 $ 820.20 $ 1,250 0.66 $ Non-Residential 2 (per 1,000 SF) (per 1,000 SF) (per 1,000 SF) Commercial 117.38 $ 1.82 213.64 $ 6.41 $ 220.05 $ Office 117.38 $ 4.00 469.54 $ 14.09 $ 483.63 $ Industrial 117.38 $ 0.40 46.95 $ 1.41 $ 48.36 $ Notes:
1 2
Source:

City of Cathedral City Statement of Values and Listing of Vehicles.

Workers are w eighted at 0.37 based on a 45 hour w ork w eek relative to a resident's time of 123 hours (168 hours per w eek less 45 w ork hours).

AB1600 Fee Justification Nexus Study 49 September 2 023 City of Cathedral City
• A North City station (approximately 31,700 square feet) • Six-lane indoor shooting range (currently, the City has an agreement to utilize a private gun range. CCPD usage is (i) subject to competition from general public training usage and (ii) at risk of termination in the event the range permanently closes) • Locker room
• 20’x 20’ Property evidence room
• Covered and secured evidence area used for processing several vehicles and bulk evidence
• Secured parking for employee and marked vehicles
• Gym
• Lunch room
• Training center with storage space for training mats
Using City of Tracy’s $15,213,000 cost estimate for an 8,800 SF Police Substation and other cities’ comparable cost estimates, a new 31,700 square foot North City Cathedral City Police Department substation, in today’s dollars, is estimated to cos t $54 million. This substation would need to be operational before Buildout. Revenues collected th rough development impact fees will not fully fund the required facilities. Table 8-4 shows the approximate Police Facilities Fee revenu es collected at Buildout.

Table 8-4: Anticipated Police Facilities Estimated Revenue at Buildout

Nexus Requirement Summary
The Police Facilities Fee component of this DIF Study meets the Mitigation Fee Act Requirements, as described in this section.

Land Use
Proposed
Fee 1
Anticipated

Growth
(units)
Anticipated
Growth
Anticipated
Fee Collection
at Buildout 2
Residential per SF SF
Single Family $0.47 8,266 16,531,000 $7,697,743
Multi Family $0.66 24,531 30,663,915 $20,120,434
Non-Residential
per 1000 SF 1000 SF
Commercial $220.05 n/a 11,488 $2,527,951
Office $483.63 n/a 11,468 $5,546,350
Industrial $48.36 n/a 15,565 $752,701
Total $36,645,180
1 Includes the administrative portion of the fee.
2 Total fee revenue may differ slightly from cost attributable to fee program due to rounding.

AB1600 Fee Justification Nexus Study 50 September 2 023 City of Cathedral City
Requirement 1: Identify the purpose of the fee.

The purpose of the Police Facilities Fee is to fund new development’s fair-share portion of new police facilities, such as new police sub-stations, vehicles and police equipment required for the additional police personnel that are necessary to m itigate the impacts of new development. Each new resident and worker creates a demand for additional police facilities. In order to accommodate these needs, new police facilities will be built an d/or existing facilities will be expanded per capita/worker.

Requirement 2: Identify the use of the fee.

The Police Facilities Fee will be used to fund new development’s fair-share portion of the police facilities, new police sub-stations, vehicles and p olice equipment required to serve new development in order to maintain the City’s existing level of service. The anticipated fee revenue at Buildout is shown on Using City of Tracy’s $15,213,000 cost estimate for an 8,800 SF Police Substation and other cities’ comparable cost estima tes, a new 31,700 square foot North City Cathedral City Police Department substation, in tod ay’s dollars, is estimated to cost $54 million.

This substation would need to be operational before Buildout. Revenues collected through development impact fees will not fully fund the req uired facilities. Table 8-4 shows the approximate Police Facilities Fee revenues collected at Buildout.

Table 8-4. The capital improvement projects are identified in Appendix A.

Requirement 3: Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed.

The fee will be used to fund new police facilities that are necessary to serve the increased residents and workers in the City. New development generates additional residents and workers which increases the demand for police facilities. The exi sting inventory method uses a facility standard based on the ratio of existing facilities to the existing service population on a cost per unit or cost per square foot basis. Under this approach, new dev elopment funds the expansion of facilities at the same standard currently serving existing develo pment. By definition, the existing inventory method ensures that no facility deficiencies are spread to future development.

Table 8-1 identifies the existing police facilities and Table 8-2 calculates the existing cost per resident/worker. Workers are weighted less than res idents to reflect lower per capita service demand. Non-residential buildings are typically occ upied less intensively than dwelling units, so it is reasonable to assume that average per-worker demand for services is less than average per- resident demand. The 0.37-weighting factor for work ers is based upon a 45-hour work week (40 hours of work plus 1 hour lunch break) relative to a resident’s non-working time of 123 hours (168 hours per week less 45 work hours).

AB1600 Fee Justification Nexus Study 51 September 2 023 City of Cathedral City
The cost per capita/worker is then allocated to eac h development type based on the estimated persons per household and employees per 1,000 squar e feet. Table 8-3 calculates the cost per square foot for the residential units based on the estimated average unit size and cost per 1,000 square feet for non-residential . Calculating the fees based on the new residents or employees generated ensures a reasonable relationship between the fees use and the type of development project.

Requirement 4: Determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed.

Each new development is anticipated to generate new residents and workers. The addition of new residents and workers creates the need for new police facilities to maintain the City’s existing level of service. The Police Facilities Fee is based on the number of applicable workers and/or residents each new development is expected to generate, thus ensuring that the need for the facilities is directly related to a particular development’s impa ct. New workers generate a smaller demand than a resident, thus one worker is considered, on average, as equivalent to 0.37 that of a resident.

The fee for each unit type is calculated in Table 8-3.

As new development is constructed, additional polic e facilities are needed to meet the City’s existing level of service. The fee is based on the existing inventory method.

The existing level of service is calculated by taking the total police facilities value and dividing it by the existing service population to derive the ex isting level of service cost per resident/worker as shown in Table 8-2 . The fee for each land use is then calculated by m ultiplying the cost per resident/worker by the number of new resident equiv alents that each land use will generate and converted to a fee per square foot for residential and fee per 1,000 square foot for non-residential land uses as shown in Table 8-3. Since the need for the facilities directly correlates to the addition of new residents and workers, spreading the fee based on the equivalent residents each land use is expected to generate ensures that each new developm ent only pays for their fair share of the required facilities.

AB1600 Fee Justification Nexus Study 52 September 2 023 City of Cathedral City
Section 9 Implementation and Administration
Implementation
According to the California Government Code, prior to levying a new fee or increasing an existing fee, an agency must hold at least one open and publ ic meeting with at least 30 days’ notice. In addition, notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any intere sted party who files a written request with the local agency for mailed notice of the meeting on ne w or increased fees or service charges. Any written request for mailed notices shall be valid f or one year from the date on which it is filed unless a renewal request is filed. At least ten days prior to this meeting, the agency must make data on infrastructure costs and funding sources available to the public. Notice of the time and place of the meeting and a general explanation of the matter are to be published in accordance with Section 6062a of the Government Code, which states that publication of notice shall occur for ten days in a newspaper regularly published once a week or more. The new or increased fees shall be effective no earlier than 60 days following the final action on the adoption or increase of the fees.

Fee Program Administrative Requirements
The Government Code requires the City to report every year and every fifth year certain financial information regarding the fees. The City must make available within 180 days after the last day of each fiscal year the following information from the prior fiscal year:

1. A brief description of the type of fee in the account or fund.

2. The amount of the fee.

3. The beginning and ending balance in the account or fund.

4. The amount of the fee collected and the interest earned.

5. An identification of each public improvement for wh ich fees were expended and the amount of expenditures.

6. An identification of an approximate date by which t ime construction on the improvement will commence if it is determined that sufficient funds exist to complete the project.

7. A description of each interfund transfer or loan made from the account and when it will be repaid.

8. Identification of any refunds made once it is deter mined that sufficient monies have been collected to fund all fee related projects.

The City must make this information available for p ublic review and must also present it at the next regularly scheduled public meeting not less th an 15 days after this information is made available to the public.

AB1600 Fee Justification Nexus Study 53 September 2 023 City of Cathedral City
For the fifth fiscal year following the first depos it into the account or fund, and every five years thereafter, the City must make the following findin gs with respect to any remaining funds in the fee account, regardless of whether those funds are committed or uncommitted:

1. Identify the purpose to which the fee is to be put.

2. Demonstrate a reasonable relationship between the f ee and the purpose for which it is charged.

3. Identify all sources and amounts of funding anticip ated to complete financing any incomplete improvements.

4. Designate the approximate dates on which funding in item (3) above is expected to be deposited into the fee account.

As with the annual disclosure, the five-year report must be made public within 180 days after the end of the City’s fiscal year and must be reviewed at the next regularly scheduled public meeting.

Fee Adjustment Procedures
The DIFs may be adjusted periodically to reflect re vised facility requirements, receipt of funding from alternative sources (i.e., state, or federal g rants), revised facilities or costs, changes in demographics, changes in the average unit square fo otage, or changes in the land use plan. In addition, in July of each calendar year, the fees will be adjusted using the Construction Cost Index (CCI) for the Los Angeles Region as reported by Engineering News Record (ENR) for the twelve- month period ending in May or a similar published i ndex if the CCI Index is no longer available. For example, the adjustment for July 2024 will be determined by taking the percentage change of the Los Angeles construction cost index f rom May 2023 to May 2024. City staff will calculate the annual adjustment utilizing the CCI I ndex. The adjusted fees will be summarized in a resolution to be approved by City Council following the required noticing as outlined by section 66016 of the California Government Code.

For high-density residential projects, the non-resi dential communal portion (i.e., clubhouse, maintenance facility, gym, etc.) will not be assess ed impact fees as the impact is assumed to be captured in the residential fees. Area that are acc essible by the public (i.e., leasing office) will b e charged impact fees according to use.

Credits and Reimbursement Policies
The City may provide fee credits or reimbursements to developers who dedicate land or construct eligible facilities. Fee credits or reimbursements may be provided up to the cost of the

AB1600 Fee Justification Nexus Study 54 September 2 023 City of Cathedral City
improvement, as shown in this study, subject to per iodic inflation adjustments, or the actual cost paid by the developer, whichever is lower. For construction cost overruns, only that amount shown in the study, subject to periodic inflation adjustments, would be credited or reimbursed. The City will evaluate the appropriate fee credit or reimbur sement based on the value of the dedication or improvement. Credits or reimbursements may be repa id based on the priority of the capital improvements, as determined by the City. The City will determine fee credits and reimbursements on a case-by-case basis and possibly through the use of a development agreement.

Administrative Fee
An administrative fee of three (3) percent is inclu ded as part of each of the fees and may be used for costs for legal, accounting, and other administ rative support and development impact fee program administration costs including revenue collection, revenue and cost accounting, mandated public reporting, and fee justification analysis. Additionally, the administrative fee may be used to fund the impact fee nexus study updated that must be updated at a minimum every eight (8) years pursuant to AB602. Please refer to the individual f ee calculation tables for a breakdown of the administration fee.

Programming Revenues with the CIP
The City should maintain its CIP to adequately plan for future infrastructure needs. The CIP should commit all projected fee revenues and fund balances to specific projects that are necessary to serve growth as described in this report. The use of the CIP provides documentation necessary for the City to hold funds in a project account for longer than five years if necessary to collect sufficient funds to complete a project. In addition, the CIP i s required per AB602. This report outlines the projects that are to be funded with the fee program and forms the basis of the CIP, as shown in Appendix A .

Fee Reporting
Assembly Bill No. 1483, which became effective January 1, 2020, requires that public agencies make the following information available on their website. The following information must be provided:

1. A current schedule of fees, exactions, and affordab ility requirements imposed by the city, county, or special district, including any dependent special districts, of the city or county applicable to a proposed housing development project, which shall be presented in a manner that clearly identifies the fees, exact ions, and affordability requirements that apply to each parcel.

2. All zoning ordinances and development standards, wh ich shall specify the zoning, design, and development standards that apply to each parcel.

3. The list of information required to be compiled pursuant to Section 65940.

4. The current and five previous annual fee reports or the current and five previous annual financial reports, which were required pursuant to subdivision.

AB1600 Fee Justification Nexus Study 55 September 2 023 City of Cathedral City

5. An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by the city, county, or special district on or after January 1, 2018.

Any updates to the above information must be available within 30 days.

Accessory Dwelling Units
An accessory dwelling unit (ADU) is a second unit t hat is attached or detached from a single- family home. In accordance with Assembly Bill No. 8 81 approved on October 9, 2019, fees will not be charged for an ADU that is less than 750 square feet. For an ADU that is 750 square feet or larger, the ADU will be charged proportionately in relation to the square footage of the primary dwelling unit. Since the residential fees are now b eing charged on a square footage basis, ADU fees will be calculated by multiplying the Single-F amily Residential fee by the ADU’s square footage.

Specialized Development Projects
The fees in this Report may not apply to specialize d development projects such as golf courses, cemeteries, sports stadium, or other specialized la nd uses. For specialized development projects the City will review the development’s impacts to d etermine the applicable fees. The fee rates presented in this Report may be reduced, exempted, or waived under certain circumstances as determined by the City. Any exemption or reduction in fees will be based on the City’s independent analysis and review of the subject property. In add ition, for reuse, density increasing, or rezone projects, the developer shall only be responsible f or paying fees for the intensification of the development. In cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to th e extent that the overall size and use of the new structure is similar to the structure destroyed by the disaster. The City will review the development’s increased impacts to determine the applicable fees.

Some developments may include more than one land use type. In these cases, the fee is calculated separately for each land use. The City has the disc retion to impose the fees based on the specific aspects of a proposed development regardless of zoning. The fee imposed should be based on the land use type that most closely represents the impacts of the development.

Rebuild or Expansion Projects
For reuse, expansions, density increasing, or rezon e projects, the developer shall only be responsible for paying fees for the intensification or expansion. For example, if a homeowner wishes to build an addition to their home that is 1 00 square feet, the homeowner would be responsible for paying fees for the 100 square foot addition. The City will review the new development’s impacts to determine the applicable fees on a case by case basis.

AB1600 Fee Justification Nexus Study 56 September 2 023 City of Cathedral City
In cases of rebuilding a structure after a demolition, impact fees will not be assessed on the rebuild to the extent that the overall size and use of the new structure is similar to the structure prior to demolition. Similarly, in cases of disaster, impact fees will not be charged on the rebuilding of the structures that were affected by the disaster to th e extent that the overall size and use of the new structure is the same as the structure destroyed by the disaster. Impact fees for the new structure will be calculated based on the new rebuilt structu re and the fees paid for the previous structure, and the difference between these fees will be asses sed. No refunds will be made for rebuilds that have a lower impact fee than the previous structure.

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Appendix A: Capital Improvement Plan

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Table A-1: Capital Improvement Plan

Item Total Project Cost
Other Funding Sources/
Amount Expended DIF Project Cost
Park Improvements
Park Facilities (Assumes 255.39 acres) 1 $191,542,500 n/a $191,542,500 Subtotal Park Improvement Costs $191,542,500 $0 $191,542,500 General Government Facilities
City Hall (Expansion and new facilities) $59,380,900 $0 $59,380,900 Library Expansion or New Facilities $34,501,500 $0 $34,501,500 Subtotal General Government Facilities Costs $93,882,400 $0 $93,882,400 Fire Facilities
North Area Fire Station #1 $9,800,000 $0 $9,800,000
North Area Fire Station #1 Apparatuses $2,000,000 $0 $2,000,000 North Area Fire Station #1 Land $871,200 $0 $871,200
North Area Fire Station #2 $9,800,000 $0 $9,800,000
North Area Fire Station #2 Apparatuses $2,000,000 $0 $2,000,000 North Area Fire Station #2 Land $871,200 $0 $871,200
Fire Training Facility $15,000,000 $0 $15,000,000
Subtotal Fire Facilities Costs $40,342,400 $0 $40,342,400 Police Facilities
North City Police Station $54,801,375 $0 $54,801,375
Subtotal Police Facilities Costs $54,801,375 $0 $54,801,375 Roads and Intersections
Date Palm Drive (Vista Chino to Gerald Ford Drive) $7,577,838 $2,374,279 $5,203,559 Dinah Shore Drive (Whispering Palms to Pumley Road) $1,743,769 $546,355 $1,197,413 East Palm Canyon Drive (West City Limits to East Bu ddy Rodgers) $3,833,332 $1,201,055 $2,632,277 Perez Road (Campbell Street to Date Palm Drive) $1,349,069 $422,689 $926,380 Ramon Road (Landua Blvd to Da Vall Drive) $4,111,915 $1,288,340 $2,823,575 Varner Road (Palm Drive to Bob Hope) $24,889,298 $7,798,285 $17,091,013 Vista Chino (City Limits to Date Palm Drive/End) $3,681,251 $1,153,405 $2,527,846 Valley Center Road (Palm Drive to Bob Hope) $28,036,619 $8,784,400 $19,252,220 Date Palm Drive / Varner Road $1,800,000 $563,974 $1,236,026 Date Palm Drive / Valley Center Road $1,800,000 $563,974 $1,236,026 Date Palm Drive / Tachevah Drive $1,800,000 $563,974 $1,236,026 Varner Road / Edom Hill Road $1,200,000 $375,983 $824,017 Varner Road / Mountain View Road $1,200,000 $375,983 $824,017 Landau Blvd / Tachevah Drive $1,200,000 $375,983 $824,017 Cathedral Canyon Drive / 33rd Avenue $1,200,000 $375,983 $824,017 Dinah Shore / Whispering Palms Trail $1,200,000 $375,983 $824,017 East Palm Canyon / Margot Murphy Way $1,800,000 $563,974 $1,236,026 East Palm Canyon / Cree Road $1,800,000 $563,974 $1,236,026 Subtotal Roads and Intersections Costs $90,223,091 $28,268,590 $61,954,501 Bikeways & Multi-Modal Facilities
Off Street (CV Link) (Date Palm Dr to Palm Springs Motors/Motel 6) $646,272 $202,489 $443,783 Ramon Road (Landau Blvd to DaVall) $1,910,304 $598,534 $1,311,770 Valley Center Boulevard (Palm Drive to Varner/Bob Hope) $6,966,432 $2,182,714 $4,783,718 Varner Rd (Palm Drive to Bob Hope Drive) $7,289,568 $2,283,959 $5,005,609 Bob Hope Dr/Rio Del Sol (20th Avenue to I-10) $798,336 $250,134 $548,202 East Palm Canyon Drive (Golf Club to Buddy Rogers Avenue) $176,616 $55,337 $121,279 Date Palm Drive (Varner Road to East Palm Canyon Drive) $459,360 $143,926 $315,434 Perez Road (East Palm Canyon to Kyle Road (East)) $26,136 $8,189 $17,947 Gerald Ford Drive (Date Palm to Da Vall) $78,408 $24,567 $53,841 Da Vall Drive (Varner Road to Dinah Shore Drive) $256,608 $80,400 $176,208 Santoro Drive (McCallum Way to Ramon Road) $39,600 $12,407 $27,193 Tachevah Drive (Santoro to Vista Chino) $18,216 $5,707 $12,509 Vista Chino (Date Palm to Da Vall) $95,040 $29,778 $65,262 Palm Drive (Varner Road to I-10) $72,072 $22,582 $49,490 Landau Boulevard (Valley Center Boulevard to Vista Chino) $96,624 $30,274 $66,350 Off Road (Perez Road to Civic Center North) $11,880 $3,722 $8,158 Off Street (CV Link) (Wash/Cat Canyon Golf Club to Date Palm Drive) $102,960 $32,259 $70,701 Off Road (CV Link) (Dinah Shore to Cat Canyon Golf Club) $40,392 $12,656 $27,736 Landau Boulevard (Vista Chino to 30th Avenue) $158,400 $49,630 $108,770 Subtotal Bikeways & Multi-Modal Facilities Costs $19,084,824 $5,979,634 $13,105,190 Total Capital Improvement Projects $489,876,590 $34,248,223.67 $455,628,366.23 Notes:
1 The specific location of Park improvements w ill be dictated by the individual developments and cannot be determined at this time. It is anticipated that Parks w ill be provided w ithin residential development projects.

AB1600 Fee Justification Nexus Study 59 September 2 023 City of Cathedral City
Appendix B: Transportation Cost Details

AB1600 Fee Justification Nexus Study 60 September 2 023 City of Cathedral City
Table B-1: Street and Traffic Signals

Street / Traffic Signals Beginning Location End Locat ion Total Cost Street Improvements
Date Palm Drive Vista Chino Gerald Ford Drive 7,577,83 7.88 $ Dinah Shore Drive Whispering Palms Pumley Road 1,743, 768.63 $ East Palm Canyon Drive West City Limits East Buddy Ro gers 3,833,332.38 $ Perez Road Campbell Street Date Palm Drive 1,349,068.7 5 $ Ramon Road Landua Blvd Da Vall Drive 4,111,915.25 $
Varner Road Palm Drive Bob Hope 24,889,298.00 $
Vista Chino City Limits Date Palm Drive/End 3,681,250 .63 $ Valley Center Road Palm Drive Bob Hope 28,036,619.40 $
Subtotal Street Improvements 75,223,090.90 $
Traffic Signals
Date Palm Drive / Varner Road Date Palm Drive Varner Road 1,800,000.00 $ Date Palm Drive / Valley Center Road Date Palm Drive Valley Center Road 1,800,000.00 $ Date Palm Drive / Tachevah Drive Date Palm Drive Tac hevah Drive 1,800,000.00 $ Varner Road / Edom Hill Road Varner Road Edom Hill Ro ad 1,200,000.00 $ Varner Road / Mountain View Road Varner Road Mountain View Road 1,200,000.00 $ Landau Blvd / Tachevah Drive Landau Blvd Tachevah Dri ve 1,200,000.00 $ Cathedral Canyon Drive / 33rd Avenue Cathedral Canyo n Drive 33rd Avenue 1,200,000.00 $ Dinah Shore / Whispering Palms Trail Dinah Shore Whi spering Palms Trail 1,200,000.00 $ East Palm Canyon / Margot Murphy Way East Palm Canyo n Margot Murphy Way 1,800,000.00 $ East Palm Canyon / Cree Road East Palm Canyon Cree R oad 1,800,000.00 $ Subtotal Traffic Signals 15,000,000.00 $
Total Street Improvements & Traffic Signal Faciliti es 90,223,090.90 $ Notes:
1 Future street improvements and traffic signal facilities developed by the City of Cathedral City Engineering Department.

Source:

City of Cathedral City.

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Table B-2: Future Bikeways and Multi-Modal Facilities

Street/Path Segment Classification
Length
(mi.) Total Cost
Class I
Off Street (CV Link) Date Palm Dr to Palm Springs Mo tors/Motel 6 Class I Future 0.68 646,272.00 $ Ramon Road Landau Blvd to DaVall Class I Future 2.01 1,910,304.00 $ Valley Center Boulevard Palm Drive to Varner/Bob Hop e Class I Future 7.33 6,966,432.00 $ Varner Rd Palm Drive to Bob Hope Drive Class I Future 7.67 7,289 ,568.00 $ Bob Hope Dr/Rio Del Sol 20th Avenue to I-10 Class I F uture 0.84 798,336.00 $ Subtotal Class I 18.53 17,610,912.00 $
Class 2
East Palm Canyon Drive Golf Club to Buddy Rogers Ave nue Class II Future 2.23 176,616.00 $ Date Palm Drive Varner Road to East Palm Canyon Driv e Class II Future 5.80 459,360.00 $ Perez Road East Palm Canyon to Kyle Road (East) Class II Future 0.33 26,136.00 $ Gerald Ford Drive Date Palm to Da Vall Class II Futur e 0.99 78,408.00 $ Da Vall Drive Varner Road to Dinah Shore Drive Class II Future 3.24 256,608.00 $ Santoro Drive McCallum Way to Ramon Road Class II Future 0.50 39,600 .00 $ Tachevah Drive Santoro to Vista Chino Class II Future 0.23 18,216.00 $ Vista Chino Date Palm to Da Vall Class II Future 1.20 95,040.00 $ Palm Drive Varner Road to I-10 Class II Future 0.91 72,072.00 $ Landau Boulevard Valley Center Boulevard to Vista Ch ino Class II Future 1.22 96,624.00 $ Subtotal Class II 16.65 1,318,680.00 $
Off Road Shared NEV/Bike
Off Road Perez Road to Civic Center North Off Road Shared NEV /Bike 0.15 11,880.00 $ Off Street (CV Link) Wash/Cat Canyon Golf Club to Da te Palm Drive Off Road Shared NEV/Bike 1.30 102,960.00$ Off Road (CV Link) Dinah Shore to Cat Canyon Golf Cl ub Off Road Shared NEV/Bike 0.51 40,392.00 $ Landau Boulevard Vista Chino to 30th Avenue Off Road Shared NEV/Bike 2.00 158,400.00 $ Subtotal Off Road Shared NEV/Bike 3.96 313,632.00 $
Total Future Bikeways & Multi-Modal Facilities 39.14 19,243,224.00 $ Notes:
1 Future bikew ays & multi-modal facilities derived from the City of Cathedral City Comprehensive General Plan dated July 1, 2019. 2 Cost estimates per mile provided by the City of Cathedral City on August 18, 2022.

CITY OF CATHEDRAL CITY
Date Proposed Funding Sources
Expected to be Received
Fiscal Year 2023/24
Status Development Impact Fee CIP Project Project Start Future
commitments
Other
Sources Future Commitments
City Match
Funds
Edison
Rule 20 A
Other
Sources
Ongoing Project
Master Underground Utility Undergrounding, e.g., East Palm Canyon 1990 2,690,473 - Ongoing NA NA NA 2024 DIF StudyTransportation Roads and Inrersections Not Yet Scheduled 61,954,501 - Unknown* NA NA Unknown* 2024 DIF StudyTransportation Bikeways & Multimodal Facilities Not Yet Scheduled 13,105,190 - Unknown* NA NA Unknown* Ongoing ProjectTransportation Signal at Cathedral Canyon and Paseo RealNot Yet Scheduled 75,000 - FY 2023-24 and beyond NA NA FY 2023-24 and beyond Ongoing ProjectTransportation Signalization at Date Palm Dr, I-10 to VarnerNot Yet Scheduled 586,789 - FY 2023-24 and beyond NA NA FY 2023-24 and beyond 2006 Fee StudyTransportation Traffic Signals (New, not Replacement) Not Yet Scheduled 1,200,000 - Unknown* NA NA Unknown* 2006 Fee StudyTransportation
City-Wide Trails Cove Area, e.g., Cathedral
Canyon Channel East Multimodal Path ($375K
CIP) Not Yet Scheduled 504,268 - FY 2023-24 and beyond NA NA FY 2023-24 and beyond Ongoing ProjectTransportation Ramon Rd Bridge 2017 485,537 FY 2023-24 and beyond NA NA FY 2023-24 and beyond 2024 DIF StudyGeneral Government Facilities City Hall Expansion Not Yet Scheduled 59,380,900 - 2024 DIF StudyGeneral Government Facilities Library Expansion Not Yet Scheduled 34,501,500 - 2006 Fee StudyGeneral Government Facilities
Vehicle Storage Facility @ Public Safety North
Building Shared Not Yet Scheduled 1,181,532 2,019,325 FY 2023-24 and beyond NA NA FY 2023-24 and beyond 2024 DIF StudyPolice Facilities Police Station 1- North Area Not Yet Scheduled 54,801,375 - 2006 Fee StudyPolice Facilities Public Safety North Building (PD/FD Shared) Not Yet Scheduled 221,537 378,624 FY 2023-24 and beyond NA NA FY 2023-24 and beyond 2006 Fee StudyPolice Facilities Police Community Center Not Yet Scheduled 265,845 454,348 FY 2023-24 and beyond NA NA FY 2023-24 and beyond 2024 DIF StudyFire Facilities Fire Station 1- North Area Not Yet Scheduled 12,671,200 - 2024 DIF StudyFire Facilities Fire Station 2- North Area Not Yet Scheduled 12,671,200 - 2024 DIF StudyFire Facilities Fire Training Facility Not Yet Scheduled 15,000,000 - 2006 Fee StudyFire Facilities Public Safety North Building (FD/PD Shared) Not Yet Scheduled 2,133,905 - Unknown* NA NA Unknown* 2006 Fee StudyFire Facilities Marked Vehicles Not Yet Scheduled - Unknown* NA NA Unknown* 2006 Fee StudyFire Facilities Fire Station Not Yet Scheduled 3,066,533 5,433,467 FY 2023-24 and beyond NA NA FY 2023-24 and beyond 2024 DIF StudyPark Facilities Park Improvements Not Yet Scheduled 191,542,500 - Ongoing ProjectPark Facilities Cove Park (8 parcels) 2018 (Preliminary) 750,000 FY 2023-24 and beyond NA NA FY 2023-24 and beyond Ongoing ProjectPark Facilities Downtown Dog Park 2023 375,797 47,452.50 Ongoing NA NA FY 2023-24 and beyond Ongoing ProjectPark Facilities Park Improvement Plan 2021 444,563 1,443,000 Ongoing NA NA FY 2023-24 and beyond 2006 Fee StudyPark Facilities Community Center Not Yet Scheduled 14,938,749 30,628,550 FY 2023-24 and beyond NA NA FY 2023-24 and beyond 2006 Fee StudyPark Facilities Festival Park 2015 102,666 3,200,000 FY 2023-24 and beyond NA NA FY 2023-24 and beyond 2006 Fee StudyTransit Development Bus Turnouts 1991 231,540 Ongoing NA NA NA Totals 484,883,100 43,604,767 2024 DIF Study
Previous/Unchanged
Ongoing
Deleted/Absorbed by 2024 DIF
Study
Anticipated Date of Funding
Staff Report
City Council
Item No. 3.A
Meeting Date: February 26, 2025
From: Charles P. McClendon, City Manager
Title: Conference with Legal Counsel – Anticipated Litigation Pursuant to Government Code section 54956.9(d)(4)
To decide whether to initiate litigation
Number of Matters: One (1)
Staff Report
City Council
Item No. 2.A
Meeting Date: February 26, 2025
From: Andrew Firestine, AICP, Director of Community and Economic Development
Title: Extension of Cannabis Moratorium
RECOMMENDATION:

Staff recommends approval of the ordinance extending the cannabis moratorium on the approval of new cannabis licenses and conditional use permits and the issuance of building permits for the build-out or expansion of new cannabis businesses.

BACKGROUND:

On October 25, 2017, the City Council adopted Ordinance Nos. 800 and 801 establishing a set of regulations allowing adult-use cannabis businesses to operate within the City.

Ordinance No. 802 established enforcement provisions for cannabis. These regulations were created to provide the public with a clear understanding of the process for obtaining City approval to operate a Cannabis Business within the City. These regulations were codified within the Cathedral City Municipal Code in chapters 5.88 and 9.108, and Section 13.80.240, which have been amended since their adoption, with the last amendment in 2022.

Chapter 5.88 provides for the regulation and licensing of medical and adult-use cannabis business throughout the City in conformance with applicable state and local laws and regulation pertaining to medicinal and adult-use cannabis.

Chapter 9.108, as currently codified is contained in Title 9 of (Zoning Ordinance) of the Municipal Code, regulates cannabis business land uses, including the zone districts where cannabis uses are permitted, as authorized by section 26200 of the California Business and Professions Code, in a manner designed to minimize negative impacts on the City and neighboring uses, and to promote the health, safety, morals, and general welfare of residents and businesses within the City.

Section 13.80.240 defines a range of cannabis related public nuisances.

The City currently has 64 cannabis businesses with 105 licenses comprised of 47 operating businesses with 67 licenses and 17 non-operational businesses with 38 licenses.

On January 22, 2025, the City Council adopted an urgency ordinance enacting a 45-day interim moratorium on new licenses, permits, approvals, or other entitlements for grading, building, improvements, and/or use shall be approved for or issued to a cannabis business, including, without limitation, local licenses pursuant to Chapter 5.88 of the Code; conditional use permits pursuant to Chapter 9.108 of the Code; any permits for cannabis business lounges; and any permits for temporary cannabis events pursuant to Section 5.88.035 and Chapter 9.68 of the Code (“Permit”). In addition, no modification to any existing Permit shall be approved, including, without limitation: 1) modifications resulting in an increase, intensification or expansion in the cannabis-related use or operations, or the square-footage utilized for cannabis cultivation, manufacturing, processing, distribution, storage, sales, display, or similar cannabis-related activity, of a cannabis business (“Increase in Operations”); or 2) modifications changing the location of a cannabis business. The interim moratorium included several exemptions, including:

1. Any modification to an existing Permit solely for the purposes of changing ownership of a cannabis business, provided that such modification shall not result in an Increase in Operations or a change in location of the cannabis-related operations of the cannabis business.

2. Any Permit or modification thereof that does not result in the Increase in Operations of the cannabis-related operations of the cannabis business, such as expansions to administrative office space, minor tenant improvements, and repairs.

3. Any Permit modification that decreases the cannabis-related use or operations, or square-footage utilized for cannabis cultivation, manufacturing, processing, distribution, storage, sales, display, or similar cannabis-related activity, of a cannabis business.

4. Any renewal of a Permit.

5. If both applications for a local license pursuant to Chapter 5.88 of the Code and conditional use permit pursuant to Chapter 9.108 of the Code were received by City staff by 4:30 p.m. on January 22, 2025, and such applications were fully completed and accompanied by all of the required supporting documents and application deposits as required by the Cannabis Regulations, then Permits related to such applications may be approved and/or issued, as applicable.

The January 22, 2025 staff report to the City Council acknowledged that 10 days prior to the expiration of such an ordinance or any extension, a written report is to be issued describing the measures taken to alleviate the condition that led to the adoption of the ordinance. As well, the staff report also acknowledged that the moratorium may be extended twice, initially by a period of 10 months and 15 days and again by an additional year with the same findings as the interim moratorium that there is a current and immediate threat to the public health, safety or welfare, and that the approval of applicable land use entitlements would result in that threat to public health, safety or welfare and a 4/5 vote of City Council. This staff report constitutes both the written report required under California Government Code section 65858 as part of the interim ordinance imposing a 45-day moratorium and as support for an extension of the moratorium.

DISCUSSION:

Odor Complaints
As described in the January 22, 2025, staff report, the City has received an increasing number of odor complaints over the course of 2024, which supported the interim ordinance imposing a moratorium. The City continues to receive odor complaints. In response to the complaints, the City has increased its resources dedicated to cannabis odor detection. The Code Compliance Division created and distributed a cannabis odor reporting memorandum and implemented a proactive patrol system with a schedule for collecting data on cannabis odor within the community. These patrols have included overtime shifts through the Code Compliance Division and overnight patrols by the Cathedral City Police Department with an emphasis on the areas in proximity to the large cannabis cultivation facility near Date Palm Drive and Ramon Road.

Between December 1, 2024, and February 12, 2025, the City has conducted 59 patrols and collected 227 observation points, identifying odor 37 percent of the time. The frequency of the cannabis odor detections has declined since repairs were made to an exhaust fan at the large cannabis cultivation facility near Date Palm Drive and Ramon Road in mid-January and are now detected intermittently by City staff. The intensity of these observations has ranged from light to strong. The patrols and observations reveal there are still odors, although they are most appropriately classified as nuisance odors under section 13.80.240 of the Cathedral City Municipal Code.

Both the Riverside County Department of Environmental Health and the South Coast Air Quality Management District (AQMD) have inspected the business near Date Palm Drive and Ramon Road. The Riverside County Department of Environmental Health is responsible for administering the hazardous materials programs within Riverside County and has found the facility to be compliant with County and State requirements following their inspection.

AQMD required a permitting process for their boilers and chillers, which the business is in the process of completing. There are no public health concerns identified by either agency.

Cannabis Regulations
The City of Cathedral City cannabis regulations are codified within the Cathedral City Municipal Code in chapters 5.88 and 9.108. Enforcement provisions are adopted as chapter

13.80.240 of the Cathedral City Municipal Code. Together, these regulations were initially adopted through Ordinance Nos. 800, 801, and 802. While the regulations have been amended several times since their initial adoption, including through Ordinance Nos. 807, 817, 827, 841, 848, 863, and 870, as described in further detail in the table below, many of the regulations remain as they were adopted in 2017, particularly those in chapters 9.108 and 13.80.240.

Ordinance No. Date Subject
807 March 14, 2018 Amendment to Chapter 5.88 to permit on-site consumption at licensed dispensaries and to provide
a grace period for employee background checks
817 December 12,
2018
Amendment to Chapter 5.88 to require cannabis
businesses to enter into labor peace agreements as
a condition of licensure renewal
827 September 25,
2019
Amendment to Chapter 5.88 to establish a cannabis
industry employee identification card program
848 January 27,
2021
Amendment to Chapter 5.88 to repeal the Cathedral
City Task Force regulations contained in Section

5.88.125 and to replace those with new regulations
in Chapter 2.32, recognizing the Cannabis Task
Force in a consistent manner with other commissions
and committees
863 September 14,
2022
Amendment to Chapter 5.88 to update local
regulations to address new concerns and ensure
consistency with State requirements
870 June 28, 2023 Amendment to Chapter 5.88 to address cannabis business license expiration and renewals
Cannabis uses may be permitted as a conditional use in the Planned Community Commercial (PCC), Commercial Business Park (CBP-2), and Light Industrial (I-1) zoning districts subject to chapter 9.72 of the Cathedral City Municipal Code. The table below identifies the City’s commercial and industrial zoning districts and those districts that allow cannabis uses:

PCC CBP-2 I-1
Cannabis cultivation sites CUP CUP CUP
Cannabis dispensaries CUP CUP CUP
Cannabis distribution sites CUP CUP CUP
Cannabis testing
laboratories

CUP CUP CUP
The PCC zoning district is the most common commercial zoning district in the City and is typified by retail uses and shopping centers throughout the City. The CBP-2 and I-1 zoning districts are generally clustered around Perez Road.

Through the conditional use permit process, a cannabis use must demonstrate it meets the locational requirements set in section 9.108.070 of the Cathedral City Municipal Code, which are summarized in the following table:

Minimum Separation Requirement from Use
School, Day-Care
Center, or Youth
Center1
Residential Zone2 Resort Residential
Zone
Dispensaries 600-feet. 250-feet 250-feet, if the
dispensary allows for
outdoor consumption
Cultivation,
Manufacturing, and
Distribution Sites
600-feet 300-feet -
1 Setbacks from schools, day-care centers and youth centers, shall be measured to the nearest property line of the parcel where such use is located 2 Setbacks from residential zones shall be measured to: the nearest point of any legally permitted structure located in a residential zone; or if there is land within a residential zone with no legally permitted structure, the measurement shall be to the nearest property line unless the nearest property line is within the public right-of-way, in which case the measurement shall be to the edge of the right-of-way furthest from the proposed cannabis business.

The Resort Residential (RR) zoning district is separately identified in section 9.108.070 and the locational requirements only apply to dispensaries with outdoor consumption, not to other dispensaries or cultivation, manufacturing, and distribution sites.

Across the City, the RR zoning district includes Desert Princess, Outdoor Resort Palm Springs, Desert Shadows RV Resort, Cathedral Canyon Country Club, Canyon Shores, Date Palm Country Club, Cathedral Palms RV Resort, and the District. Any of the cannabis uses could propose a conditional use permit on a property zoned PCC, CBP-2, or I-1 adjacent to one of these properties and it would not be subject to any locational restriction from the RR zoning district, and there are examples of that, including on Kieley Road adjacent to the Cathedral Palms RV Resort and on Ramon Road adjacent to the Outdoor Resort Palm Springs. Most of the odor complaints received in 2024 were received from residents in Outdoor Resort Palm Springs concerning the adjacent cultivation site.

The City’s odor control regulations are contained primarily in chapter 9.108 of the Cathedral City Municipal Code. Section 9.108.080 requires as a condition of approval:

A. All Cannabis Businesses. Every cannabis business conditional use permit shall include the following conditions of approval.

1. The premises must be equipped with an odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside the cannabis business, anywhere on adjacent property or public rights-of-way, on or about any exterior or interior common area walkways, hallways, breeze-ways, foyers, lobby areas, or any other areas available for common use by tenants or the visiting public, or within any other unit located within the same building as the cannabis business. As such, cannabis businesses must install and maintain the following equipment or any other equipment which local licensing authority determines has the same or better effectiveness:
a. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
b. An air system that creates negative air pressure between the cannabis businesses' interior and exterior so that the odors generated inside the cannabis business are not detectable outside the cannabis business.

This has been applied consistently to cannabis conditional use permits as a condition of approval and sets a “no odor” standard. This is further addressed in section 13.80.240.J of the Cathedral City Municipal Code, which declares a public nuisance:

J. To cause or permit persistent cannabis odors that are offensive to individuals of normal sensitivity, and which adversely impact or unreasonably interfere with the use and enjoyment of property, to:

1. Emanate across any property line.

2. Emanate across a common wall or otherwise be detectable within an adjacent or nearby unit in a multi-tenant building or in a multi-family residential building that is occupied by another.

This section continues by establishing that “cannabis odors shall be presumed to be persistent, offensive to individuals of normal sensitivity, and adversely impacting or unreasonably interfering with the use and enjoyment of property, if the City receives three or more verified complaints from individuals representing separate residences or places of business within the City of a persistent cannabis odor emanating from the subject property within a one-month time span” while also qualifying that the City may determine that a public nuisance exists if less than complaints are received or even if no complaints are received but City detects odor conditions that violate this section of code.” The process of cannabis cultivation and manufacturing produces odor. The requirements of chapter 9.108 are intended to mitigate these odors but practical experience in the years since the code was adopted reveal that cannabis odor persists and that it doesn’t take much for cannabis odors to be released from a building, including through open doors or HVAC exhaust points. The presence of cannabis businesses is likely to produce cannabis odor.

While it declares it a public nuisance, the code lacks sufficient detail in section 13.80.240.J of the Cathedral City Municipal Code on how violations should be resolved. Section

13.80.240.J of the Cathedral City Municipal Code references chapter 13.90 for enforcement, subjecting cannabis violations to fines of $100 for a first violation, $200 for a second violation within a 12-month period, and $500 for a third and every subsequent violation within a 12- month period from the first violation.

The cannabis odor mitigation requirements in chapter 9.108 are applied as a condition of approval to cannabis conditional use permits. While this is the case for all cannabis conditional use permits, the means and methods of achieving compliance and how it is maintained once the entitlements are in place are not clear. Typically, these systems are incorporated into the mechanical heating, ventilation, and air conditioning (HVAC) plans submitted as part of a building permit application and consist of carbon filters, including activated carbon filters, that trap the odor causing compounds in the filter media. The filter media becomes less effective over time as it absorbs the odor causing compounds and requires maintenance to replace it with new filter media.

Currently, however, this is not a separate plan or document and there are no standards or minimum requirements for its contents or preparation. Questions such as what type of filtration should be installed, how much is required, and how often the filters should be changed out are not sufficiently addressed. While there are building code requirements for HVAC systems, they are not sufficient to address cannabis odor mitigation techniques, and the building permit plan check and inspection process is not calibrated to gauge the type and quantity of mitigation needed to adequately control cannabis odor.

Assessment
Other communities have required odor control plans as part of a permitting or licensing process, requiring the identification of specific odor control systems and detailed information on how a business is mitigating cannabis odor. The City of La Mesa, as an example, requires an odor control and air filtration concept plan as part of a conditional use permit and cannabis business license, defined as:

An odor control and air filtration concept plan designed by a California licensed engineer shall be submitted with the Conditional Use Permit application and/or the Adult Use Cannabis Business License application for cultivation and/or manufacturing. The air filtration concept plan shall include:

•An odor control and air filtration concept plan narrative, prepared by a California licensed mechanical engineer, an environmental engineer, or a similar professional discipline acceptable to the Building Division, that describes the approach and equipment to be utilized to contain, absorb, and neutralize all odors emanating from the property, and the field testing methodology to be utilized to determine the effectiveness of the odor containment, absorption, and/or neutralization design.
•An odor control and air filtration concept plan design that clearly shows the location of proposed equipment and appurtenances on site and floor plans. •Building section(s) and elevation(s) to clearly illustrate all equipment located on the exterior of the building, including all ducting and conduits, and the proposed method of achieving required screening.

This requirement is similar to what is required in the City of Palm Springs, which requires a written plan describing specific odor mitigation technologies and techniques incorporated to ensure that odors are not detected off-site. This odor control plan is required as part of a cannabis permit application and is also reinforced in their enforcement provisions which reference compliance with an approved odor control plan and direct enforcement staff to start with a written warning and directs a permittee to work with the City of Palm Springs to modify an approved odor control plan to mitigate odor issues within seven days. Following this period, if a permittee cannot mitigate the odor issues, the use must cease until effective odor control measures are in place. The City of Palm Springs code also contains fines of $10,000 for failure to comply with an approved odor control plan and $25,000 for odor violations related to an unpermitted activity.

The preceding examples are not exclusive of the range of potential solutions, although they provide important context for the gaps identified in the Cathedral City Municipal Code and what should continue to be studied as part of a potential code amendment, including an evaluation of:
•Definitions and standards in the cannabis regulations, including the thresholds for an odor violation;
•Requirements for a separate odor control plan to be submitted as part of a cannabis permit or license;
•Enforcement provisions, including the maintenance of an approved odor control plan and a well-articulated enforcement process for odor violations; and •Fines and penalties for non-compliance with an approved odor control plan.

Additionally, the allowances for cultivation, manufacturing, and distribution sites as a conditional use in the PCC zoning district should be assessed together with the locational requirements from the RR zoning district.

Next Steps
California Government Code section 65858 provides statutory authority for interim ordinances prohibiting uses that may conflict with a contemplated general plan, specific plan or zoning proposal that the City is studying or plans to study. An interim ordinance, commonly called a moratorium, imposes temporary land use controls based on a documented, current and immediate threat to public health, safety, and welfare. An interim ordinance protects and promotes the planning process by prohibiting the introduction of potentially nonconforming land uses that could defeat or impair a later adopted general plan or zoning ordinance.

Procedurally, such an ordinance may be adopted initially without a public hearing following a 4/5 vote of the legislative body, which describes the actions taken by the City Council on January 22, 2025. The initial moratorium lasts for 45 days. After notice and a public hearing, the ordinance may be extended, again with a 4/5 vote, for an additional 10 months and 15 days. The cannabis moratorium has been noticed as a public hearing for February 26, 2025 to allow the City Council to consider an extension of the moratorium for an additional 10 months and 15 days.

Thereafter, the ordinance can be extended twice: the first extension is for a period of 10 months and 15 days and the second extension is for a period of 1 year. Both extensions must be approved by the City Council with a 4/5 vote. No more than two extensions may be adopted.

The City Council cannot adopt or extend any interim ordinance unless the ordinance contains a finding that there is a current and immediate threat to the public health, safety or welfare, and that the approval of applicable land use entitlements would result in that threat to public health, safety or welfare.

The attached ordinance provides the necessary findings to support an extension of the cannabis moratorium and the staff report. The urgency ordinance is written to prohibit new cannabis licenses and conditional use permit applications for all cannabis business types while the moratorium is in effect together with the issuance of new building permits that would permit the build-out and development of an approved cannabis license and conditional use permit where no building permit had been previously issued. The urgency ordinance excludes the renewal or transfer of existing cannabis licenses, except where the transfer is to a new location without an approved conditional use permit or where the transfer proposes an amendment or modification to an approved conditional use permit, such as for an expansion or a change in use. It also excludes the issuance of building permits to existing cannabis businesses with an approved cannabis license and conditional use permit where the building permit does not involve the build-out or expansion of the use but rather pertains to the ordinary use and maintenance of the business.

Should the City Council extend the cannabis moratorium, it is staff’s recommendation that specific recommendations be presented to the Planning Commission and Cannabis Task Force to address the zoning, locational requirements, definitions, standards, and enforcement provisions, fines, and penalties identified in this staff report while building out an odor control plan to implement the required conditions of approval. Following recommendations from the Planning Commission and Cannabis Task Force, an ordinance proposing code amendments can be prepared and scheduled for public hearings within the moratorium period.

FISCAL IMPACT:

None at this time.

FIVE-YEAR STRATEGIC PLAN:

F-11 – Implement a code compliance program that proactively identifies and responds to code compliance complaints
ATTACHMENTS:

1. Cannabis Moratorium Extension Ordinance
1 4904-6342-8124 v1
ORDINANCE NO. _____

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF CATHEDRAL CITY, CALIFORNIA, CONTINUING THE
PROVISIONS OF ORDINANCE NO. ____ ADOPTING AND IMPOSING

A TEMPORARY MORATORIUM ON THE APPROVAL OF LICENSES,

PERMITS, APPROVALS, OR OTHER ENTITLEMENTS FOR USE,

INCLUDING ANY MODIFICATION THEREOF, FOR CANNABIS

BUSINESSES, WITHIN THE CITY OF CATHEDRAL CITY FOR A
ADDITIONAL PERIOD OF TEN (10) MONTHS AND FIFTEEN (15) DAYS WHEREAS, the City of Cathedral City (“City”) permits and regulates certain cannabis businesses pursuant to Chapters 5.88 and 9.68 of the Cathedral City Municipal Code and adopted administrative regulations (“Cannabis Regulations”); and WHEREAS, in April 2024, the City began experiencing a higher number of cannabis odor complaints. Between January 1 and March 30, 2024, the City received a total of 38 cannabis odor reports. Between April 1 and December 31, 2024, the City received an additional 904 cannabis odor complaints, including 220 in November 2024 and 501 in December 2024. These complaints frequently cite the interference with the use and enjoyment of their property; and
WHEREAS, the above-mentioned complaints concerning cannabis odors were reported across the City with a large number of complaints occurring in the vicinity of Date Palm Drive and Ramon Road with the balance of complaints pertaining to businesses located off of Perez Road, Kieley Road, Bankside Drive, and Sunair Plaza; and WHEREAS, Government Code Section 65858 allows cities to protect the public health, safety and welfare by adopting interim emergency moratoria in order to allow time to study whether certain land uses should be allowed, prohibited, or regulated under the City’s municipal code; and
WHEREAS, on January 22, 2025, the City Council adopted Ordinance No. 884, which enacted a forty five (45) day interim moratorium on the approval or issuance of new licenses, permits, approvals, or other entitlements for grading, building, improvements, and/or use to a cannabis business as more particularly described therein (“Ordinance No. 884”); and
WHEREAS, Government Code Section 65858 authorizes the City Council to extend the moratorium enacted by Ordinance No. 884 for an additional period of ten (10) months and fifteen (15) days; and
WHEREAS, since adoption of Ordinance No. 884 on January 22, 2025, the City continues to receive odor complaints and, in response to such complaints, the City has increased its resources dedicated to cannabis odor detection. The City’s Code Compliance Division created and distributed a cannabis odor reporting memorandum and implemented a proactive patrol system with a schedule for collecting data on 2 4904-6342-8124 v1
cannabis odor within the community. These patrols have included overtime shifts through the Code Compliance Division and overtime patrols by the Cathedral City Police Department with an emphasis on the areas in proximity to the large cannabis cultivation facility near Date Palm Drive and Ramon Road, which potentially qualify as nuisance odors under Section 13.80.240 of the Cathedral City Municipal Code; and WHEREAS, between December 1, 2024, and February 12, 2025, the City has conducted 59 patrols and collected 227 observation points, identifying odor approximately 37 percent of the time; and
WHEREAS, the City therefore continues to be concerned about the efficacy of the Cannabis Regulations in preventing/minimizing cannabis odors emanating from the City’s cannabis businesses and about the impact of such odors upon sensitive receptors (e.g., residential properties, schools, community centers, places of worship) and the effect thereof upon the public health, safety and welfare; and WHEREAS, since the adoption of Ordinance No. 884, the City requires additional time to study what legislative steps might be appropriate to amend the Cannabis Regulations within the City in order to protect the public health, safety, and welfare of the public; and WHEREAS, pursuant to Government Code Section 65858, the City may, after notice and a public hearing, extend the moratorium enacted by Ordinance No. 884 for up to ten (10) months and fifteen (15) days; and
WHEREAS, as described in this Ordinance, the City Council continues to find that there is a current and immediate threat to the public health, safety, and welfare based on the findings herein and the findings contained in Ordinance No. 884, and upon that basis has determined that an extension of the moratorium enacted in Ordinance No. 884 is warranted; and
WHEREAS, the City has complied with the notice and public hearing requirements of Government Code Sections 65858(a) and 65090; and
WHEREAS, the report required by Government Code Section 65858(d) has been prepared and made available to the public at the City Clerk’s Office. In addition, the agenda report accompanying this ordinance provides the information required under Government Code section 65858(d).

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

Section 1. FINDINGS
The City Council finds and determines the following:
(a)The recitals set forth above are hereby adopted as findings of the City Council.
3 4904-6342-8124 v1
(b)The factual basis for extending the moratorium enacted by Ordinance No. 884 also includes the recitals and findings set forth in Ordinance No. 884, which are adopted and incorporated herein by this reference. (c)Pursuant to Government Code Section 65858(d), the City has issued the report relative to the steps taken to alleviate the conditions that necessitated the adoption of Ordinance No. 884.
(d)Based upon the above and all oral and written testimony and reports presented by members of the public and City staff to the City Council on February 26, 2025, there continues to be an immediate threat of harm to the public, health, safety, and welfare that may occur if licenses, permits, approvals, or other entitlements for grading, building, improvements, and/or use are approved for or issued to cannabis businesses pursuant to the current Cannabis Regulations. (e)In order to appropriately respond to this immediate threat of harm to public health, safety, and welfare, the City needs more time to do the following: (1) assess whether there is an over concentration of cannabis business within the City such that it would impact the public health, safety, and welfare of the City’s residents, or cause excessive or chronic nuisance conditions that may impact the health, safety, and welfare of the City’s residents; (2) study the impacts of cannabis businesses upon the City and its residents; (3) study potential new or amended regulatory requirements for cannabis businesses, including, without limitation, appropriate distancing requirements and maximum number and concentration of business within areas of the City and the City as a whole; and (4) assess any other impacts that cannabis businesses may have upon the City that jeopardize the public health, safety, and welfare. (f)Based upon the forgoing, the City desires to extend the moratorium described in Ordinance No. 884 by ten (10) months and fifteen (15) days.

Section 2. EXTENSION OF MORATORIUM
Pursuant to the authority granted to the City Council by California Government Code Section 65858 to protect the health, safety and general welfare of the residents of the City of Cathedral City, and based upon the findings set forth above and all oral and written testimony and reports presented by members of the public and City staff to the City Council on February 26, 2025, the City Council hereby extends the term of Ordinance No. 884 for a period of ten (10) months and fifteen (15) days from the expiration date of March 8, 2025, for a new expiration date of January 23, 2026.

Section 3. REPORT
Pursuant to Government Code Section 65858(d), ten (10) days prior to the expiration or any extension of this Ordinance, the City Council will issue a written report describing the measures taken to alleviate the conditions which led to the adoption of this Ordinance.
4 4904-6342-8124 v1
Section 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061(b)(3) (there is no possibility the adoption of this Ordinance will have a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; rather it prevents changes in the environment pending the completion of the contemplated Municipal Code review.

Section 5. SEVERABILITY
If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 6. EFFECTIVE DATE
This Ordinance is declared to be an urgency ordinance by authority conferred on the City Council of the City of Cathedral City by Government Code Section 65858, and shall be in full force and effect immediately upon its adoption by a four-fifths vote of the City Council.

Section 7. POSTING
The City Clerk shall cause this Ordinance to be posted in the manner as required by law.

Section 8. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the 26th day of February, 2025, by the following vote:

Ayes:

Noes:

Abstain:

Absent:
5 4904-6342-8124 v1
___________________________
Nancy Ross, Mayor
ATTEST:
_____________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
_____________________________
Eric S. Vail, City Attorney

CITY COUNCIL

MINUTES
Study & Regular Meeting
Wednesday, February 12, 2025
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

CALL TO ORDER
Mayor Nancy Ross called the Study Session portion of the meeting to order at 3:00 p.m.

ROLL CALL
Council Present:

Nancy Ross, Mayor
Raymond Gregory, Mayor Pro Tem
Ernesto Gutierrez, Councilmember
Rita Lamb, Councilmember
Mark Carnevale, Councilmember

AGENDA FINALIZATION
There were no changes to the agenda.

1. CLOSED SESSION
A. Conference with Labor Negotiator Pursuant to Government Code 54957.6 Labor Negotiator: Algeria Ford, Assistant City Attorney and Eugenia Torres, Human Resources Manager
Employee Organization: Police Officers Association
Recommendation: There is no Staff Recommendation.

City Attorney Eric Vail announced that the Council will not be meeting with the Labor Negotiator, however the Council would be receiving an update from staff in Closed Session.

Recessed to Closed Session at 3:21 p.m.

The City Council returned at 3:32 p.m.

City Attorney Eric Vail announced that the City Council met in Closed Session to receive an update from staff, and there was no reportable action taken.

This item was removed

1. PUBLIC COMMENTS
Alan Carvalho, thanked staff for the recent Community meeting that was held. He expressed his concern with hate crimes in the City and urged the Council to be more active.

2. STUDY SESSION
A. Discussion on How Chair and Vice Chair Appointments are Made for City Commissions
Recommendation: This item is for information and discussion only.

Anne Ambrose, Assistant City Manager, provided an overview of the discussion on how the Chair and Vice-Chair appointments are made for City Commissions.

The following comments were received and entered into the record:

Danny Lee suggested a system of seniority for Chair and Vice-Chair elections for the City’s Commissions. He also suggested a standardization of agendas across Commissions and provided suggestions for changes.

The City Council provided their input and asked clarifying questions, which were responded to by staff. It was the consensus of the City Council to make no changes to the current process to elect Chair and Vice-Chair positions on the City’s Commissions and Committees.

RECESS
Mayor Nancy Ross adjourned the Study Session meeting at 3:33 p.m.

REGULAR MEETING - 5:30 PM

CALL TO ORDER
Mayor Nancy Ross called the Regular Meeting to order at 5:30 p.m.

PLEDGE OF ALLEGIANCE
Councilmember Ernesto Gutierrez led the Pledge of Allegiance.

INVOCATION (MOMENT OF REFLECTION)
Mayor Pro Tem Raymond Gregory offered a moment of reflection.

ROLL CALL
Council Present:

Nancy Ross, Mayor
Raymond Gregory, Mayor Pro Tem
Ernesto Gutierrez, Councilmember
Rita Lamb, Councilmember
Mark Carnevale, Councilmember

AGENDA FINALIZATION
There were no changes to the agenda.

1. PUBLIC COMMENTS
Michael Hayes expressed his concern with issues he is having with his neighbor. and expects more from the City and Council.

Christine Anderson discussed a letter received from the former Communications and Events Manager related to cannabis. She urged the Council to stop C4 from operating.

Rick Hollinshead expressed his concern with the cannabis odor and its proximity to nearby schools.

Maryellen Muir expressed that there is still great concern related to the cannabis odor.

She expressed her concern with an additional strange odor she is now experiencing.

Bills Goorts expressed his concern with the cannabis order and the health effects he is experiencing. He expressed the importance of being outdoors at Outdoor Resorts Palm Springs.

Linda McDonald expressed her concern with the cannabis odor from the C4 facility. She feels the odor cannot be mitigated, and urged the Council to protect the residents and take action.

Scott McDonald discussed the chemicals being used at C4 and documents produced by the City in a public records request.

Janet Ream stated that she will be here for as long as it takes. She expressed her concern with cannabis odor.

George Paull expressed his concern with the cannabis odor.

Alan Carvalho apologized to the Mayor. He feels the cannabis issue should be resolved.

He also expressed his concern related to hate crimes occurring in the City.

Dorian Whittney expressed his opposition to the efforts to widen Varner Road and feels the funds could be better utilized elsewhere.

Danny Lee thanked the Police Department for the recent town hall meeting. He expressed his concern with the crimes committed on the community and he would like more information to be available to the community.

Richard Siler questioned if the Council has pride when they smell the cannabis odor. He feels it is the Council’s responsibility to enforce the Municipal Code related to the issue.

2. COUNCIL REPORTS
Councilmember Carnevale reported on the following:
•His meeting with Mayor Ross, Anne Ambrose, Andrew Firestine and Mario Gonzales regarding a possible development
•His attendance at the Desert Art Awards Luncheon
•His conversation with a resident related to the lights at Dennis Keat Soccer park •The Date Palm Country Club gas issue
•His discussion with David Bernard regarding quality control. He noted that he set up a meeting for a resident of Outdoor resorts to meet with Mr. Benard and they were a no show
•He discussed the recent town hall meeting that was brought up in public comments
•The upcoming Mary Nutter Softball Tournament
•His visit to the Panaderia bakery
Councilmember Gutierrez reported on the following:
•His attendance at the Parks and Community Events subcommittee meeting •His attendance at the City Council Goal Setting Workshop •His interviews to promote Taste of Jalisco
•His participation in the Taste of Jalisco festivities
•His attendance at the ribbon cutting for Mega Dollar
•The call he received regarding an illegal food vendor
•He wished everyone a happy Valentines Day
Councilmember Lamb reported on the following:
•Her attendance at the City Council Goal Setting Workshop •Her goals for the upcoming year
•Her attendance at the Auto Center Association’s meeting •Her participation in the voting process for Southern California Association of Governments, where Gary Gardner was voted in as the representative •Her attendance at the Chuckwalla Monument celebration at the Mecca Boys and Girls Club
•Her attendance at the Agnes Pelton historic designation event •The recent Emergency Preparedness event, which was well attended •Her attendance at the Taste of Jalisco festivities
•She set the record straight on miss information about her health •She stepped down as Chair of the Mountains Conservancy Mayor Pro Tem Gregory reported on the following:
•Busy three weeks
•His attendance at the Parks and Community Events subcommittee meeting •He thanked residents and Commissioners who attended the City Council Goal Setting Workshop
•His attendance at the Riverside County Transportation Commission Meeting •His meeting with Southern California Edison Representative, Shane Massoud •His attendance at the Taste of Jalisco festivities
•His attendance at the Coachella Valley Association of Governments Transportation Committee meeting
•The upcoming holidays and days City Hall will be closed •The upcoming Special Meeting Budget Workshop series
•The Tastes and Sounds of Cathedral City
•He wished a Happy Birthday to Councilmember Gutierrez and Administrative Assistant Christina Burton
Mayor Ross reported on the following:
•Recognized Women in Science Day, and feels we need to do better with LGBTQ
•The Chuckwalla Monument event
•Her participation in the Taste of Jalisco festivities
•Her participation in a photo shoot at Acrisure Arena
•Her attendance at the Brunch with Patsi
•Her attendance at the Animal Campus meeting
•Her attendance at the SunLine Transit Bus Rodeo Event
•Her attendance at the Coachella Valley Economic Partnership meeting •Her attendance at the WelbHealth event hosted by the Senior Center •She challenged everyone to look around the City and see all the development that is happening

3. CONSENT AGENDA
A. Waive Full Reading of Ordinances on Agenda
Recommendation: Waive full reading of Ordinances on Agenda.

M.O. 2025-14
B. Approval of the January 22, 2025 Study Session and Regular City Council Meeting and January 25, 2025, Special City Council Meeting Minutes.

Recommendation: Approve the January 22, 2025, Study Session and Regular City Council Meeting Minutes and January 25, 2025, Special City Council Meeting Minutes.

M.O. 2025-15
C. Check Demand – January 2025
Recommendation: Receive and File.

M.O. 2025-16
D. Change of Zone (CZ) 23-001 from Planned Community Commercial to Multiple Family Residential (R3)
Recommendation: To provide second reading by title only and adopt an ordinance amending the Zoning Map, to re-zone the property located at the northeast corner of Date Palm Drive and the extension of Rosemount Road from Planned Community Commercial to Multiple Family Residential.

Ord 885
E. Approve a Resolution Adopting an Updated City-Wide Salary Schedule Recommendation: To adopt a resolution approving city-wide publicly available pay schedules in compliance with California Code of Regulations, Title 2, Sections 570.5, 571, 571.1 This resolution will supersede all previous resolutions regarding job classifications and compensation levels to the extent they conflict with this new recommendation.

Reso 2025-02
A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to approve the Consent Agenda.

RESULT: PASS [5 TO 0]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb
NOES:

ABSENT:

ABSTAIN:

4. PUBLIC HEARINGS
There were no public hearings.

5. LEGISLATIVE ACTIONS
A. Agreement Between City of Cathedral City and Desert Recreation District for Recreation Programs and Park Maintenance Services
Recommendation: To approve a services agreement between the City of Cathedral City and the Desert Recreation District for recreation programs and park maintenance services
M.O. 2025-17

The following comment was received and entered into the record:

David Koslow expressed his concern with outsourcing to Desert Recreation District.

Danny Lee expressed his support of this item and would like more information to be provided to the community. He also discussed the Parks and Recreations Plan which is outdated.

Dorian Whitney questioned why the Cathedral City Community Amphitheater is closed and would like the gate on the East side to be open.

A motion was made by Councilmember Gutierrez and seconded by Mayor Pro Tem Gregory to approve a services agreement between the City of Cathedral City and the Desert Recreation District for recreation programs and park maintenance services.

RESULT: PASS [5 TO 0]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Raymond Gregory, Mayor Pro Tem
AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb
NOES:

ABSENT:

ABSTAIN:

B. Tax Transfer Agreement between Desert Recreation District and City of Cathedral City
Recommendation: To approve a tax exchange agreement between the Desert Recreation District and City of Cathedral City to provide payment for services.

M.O. 2025-18
A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to approve a tax exchange agreement between the Desert Recreation District and City of Cathedral City to provide payment for services.

RESULT: PASS [5 TO 0]
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Mark Carnevale, Councilmember
AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb
NOES:

ABSENT:

ABSTAIN:

C. 2025 Color the Spectrum Art Festival SUP
Recommendation: To approve Special Use Permit for the Autism Society Inland Empire’s 2025 Color the Spectrum Art Festival in the Cathedral City Community Amphitheater.

M.O. 2025-19

Mayor Pro Tem Gregory, Councilmember Lamb, and Councilmember Gutierrez offered to contribute $500 from their community assistance funds towards the venue fee for this event.

A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to approve Special Use Permit for the Autism Society Inland Empire’s 2025 Color the Spectrum Art Festival in the Cathedral City Community Amphitheater.

RESULT: PASS [5 TO 0]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb
NOES:

ABSENT:

ABSTAIN:

D. Approve Public Arts Commission’s Recommendation to Provide $2,300 for an Exhibition of Karen and Tony Barone Sculpture in Town Square Recommendation: To approve the Public Arts Commission’s recommendation to sponsor an exhibit of Karen and Tony Barone sculptures in Town Square Park and approve the allocation of $2,300 from the Public Arts Commission general fund budget to pay for installation, signage, and incidental costs towards a reception.

M.O. 2025-20
A motion was made by Councilmember Lamb and seconded
by Councilmember Gutierrez to approve the Public Arts Commission’s recommendation to sponsor an exhibit of Karen and Tony Barone sculptures in Town Square Park and approve the allocation of $2,300 from the Public Arts Commission general fund budget to pay for installation, signage, and incidental costs towards a reception.

RESULT: PASS [5 TO 0]
MOVER: Rita Lamb, Councilmember
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb
NOES:

ABSENT:

ABSTAIN:

E. Active Transportation Program Cycle 5: Cathedral Canyon Drive Sidewalks and Multiuse Trail Project (C08505) and Date Palm Drive Expansion Project (C08508) – Falcon Engineering Services, Inc.

Professional Services Agreement Amendment No. 1
Recommendation: Approve and authorize the City Manager to execute Contract Amendment No. 1 to the Professional Services Agreement with Falcon Engineering Services, Inc., in the amount of $110,000, for construction engineering services provided on the Active Transportation Program (ATP) Cycle 5 for Cathedral Canyon Drive Sidewalks and Multiuse Trail Project (C08505), and Date Palm Drive Expansion Project (C08508).

M.O. 2025-21
A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to authorize the City Manager to execute Contract Amendment No. 1 to the Professional Services Agreement with Falcon Engineering Services, Inc., in the amount of $110,000, for construction engineering services provided on the Active Transportation Program (ATP) Cycle 5 for Cathedral Canyon Drive Sidewalks and Multiuse Trail Project (C08505), and Date Palm Drive Expansion Project (C08508).

RESULT: PASS [5 TO 0]
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Mark Carnevale, Councilmember
AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb
NOES:

ABSENT:

ABSTAIN:

6. DISCUSSION ON FUTURE AGENDA ITEMS
There was no discussion on future agenda items.

7. CLOSED SESSION
There was no Closed Session item.

ADJOURNMENT
Mayor Nancy Ross adjourned the meeting at 7:43 p.m.

Nancy Ross, Mayor Tracey R. Hermosillo, City Clerk
Staff Report
City Council
Item No. 5.C
Meeting Date: February 26, 2025
From: Tracey Hermosillo, City Clerk
Title: Accept the Resignation of Sunshine Herrera from the Historic Preservation Committee
RECOMMENDATION:

Accept the resignation of Sunshine Herrera from the Historic Preservation Committee effective immediately, and direct staff to proceed with filing the vacant seat.

BACKGROUND:

Sunshine Herrera was appointed to serve on the Historic Preservation Committee on November 13, 2024, with a term continuing through June 30, 2026. She was nominated by Councilmember Rita Lamb.

DISCUSSION:

On February 18, 2025, staff received a letter of resignation from Sunshine Herrera from the Historic Preservation Committee, effective immediately.

With the resignation of Mrs. Herrera, the Historic Preservation Committee will have two vacancies.

Staff recommends the City Council direct staff to do the following:

•Pursuant to Government Code 54974, post a Notice of Vacancy. No appointment can be made sooner than 10 days after the Notice of Vacancy has been posted. •Post the vacancy on social media and the City’s website. •Accept applications until vacancies have been filled.

Pursuant to City Council Resolution 2022-47, one seat shall be nominated by Councilmember Rita Lamb and one seat shall be nominated by Mayor Nancy Ross. Staff will work with Councilmember Lamb and Mayor Ross when applications are received to schedule interviews.

FISCAL IMPACT:

There is no Fiscal Impact with this item.

FIVE-YEAR STRATEGIC PLAN:

None
ATTACHMENTS:

1. Letter of Resignation
From: Sunshine Herrera
Sent: Monday, February 17, 2025 3:28 PM
To: Breanna Lemus
Subject: Re: Historical Preservation Committee Meeting for February 18, 2025 Good Afternoon Breanna,
I am sorry to inform that I will not be able to participate on this board. I didn't realize it was
a monthly meeting. Sorry for any inconvenience, but I'm sure this board would be better served with a member who can give the monthly alotted time needed.

Sunshine Herrera
Sunshine R. Herrera
Staff Report
City Council
Item No. 5.D
Meeting Date: February 26, 2025
From: Ryan Hunt, Communications & Events Manager
Title: Gift of Drone Light Show for 2025 LGBT+ Days
RECOMMENDATION:

To accept a gift in the amount of $50,000 from Grizzly Entertainment and approve $5,000 in crew travel expenses for a drone light show at Cathedral City LGBT+ Days 2025.

BACKGROUND:

Communications & Events was contacted by Grizzly Entertainment to offer a drone show in exchange for the city receiving the show as a gift valued at approximately $50,000. The 200- drone unit light show took place at the Cathedral City Hot Air Balloon Festival from 2022- 2024, as well as LGBT+ Days in 2023 and 2024. They have offered the same for Cathedral City LGBT+ Days on Friday, March 7, 2025 at 9 p.m. The purpose of the donation would be for the benefit of the public’s entertainment and to enhance the quality of programming for one of the City’s signature events.

DISCUSSION:

As California’s first Pride event of the year, the 9th annual Cathedral City LGBT+ Days, presented by Agua Caliente Casinos, brings together numerous LGBTQ+ celebrities, artists, media, community leaders, Coachella Valley residents, and visitors for an unforgettable weekend of live entertainment, community engagement, and fun activities from March 7 – 9, 2025.

The drone show would be located at the same site as the 2024 Balloon Festival, which is located closer to the Cathedral City Senior Center and offers better sight lines for viewing inside the amphitheater. The City will need to use either private security or police officers to control access into the area during the actual show on Friday, March 7, 2025, which is timed to take place around 9 p.m. after the movie screening in the amphitheater and Miss Conception’s performance at Mary Pickford Theatre. The drones have minimal noise, especially in comparison to fireworks, and Grizzly Entertainment will list the city as an additional insured entity for coverage during the show.

The show lasts 10 minutes and has been a popular addition at many events around the globe. Grizzly Entertainment will be responsible for receiving all permits and approvals from the Palm Springs International Airport, as this is a flight path for airplanes landing or taking off at the airport. In order to provide enough crew members to facilitate a successful show, Grizzly Entertainment is also requesting $5,000 be paid for out of the LGBT+ Days event budget for the crew’s travel expenses and accommodations.

FISCAL IMPACT:

The City would be accepting the gift from Grizzly Entertainment in the amount of $50,000 and providing $5,000 in travel expenses for the drone light show crew out of the Cathedral City LGBT+ Days overall event budget. The travel expenses were anticipated and are part of the event budget.

FIVE-YEAR STRATEGIC PLAN:

Action F-2: Promote additional community events and celebrations.

ATTACHMENTS:

1. Grizzly Donation Letter to LGBT+ Days 2025

2. LGBT+ Days 2025 - Cathedral City - Thumbnails
Storyboard
LGBT Days 2025 - Cathedral City

GRIZZLY ENTERTAINMENT PRESENTS
Drone Light Show
© Grizzly Entertainment 2025. All rights reserved.

Zoho Sign Document ID: 4AC8C85E5-ISVJGZ3EDKADPGRLUZ3D6R4EU-GN5WX58JZDXBP-_ZQ

Scene 1:

Paint roller paints a rainbow onto the sky.

Scene 2:

The rainbow transforms into a waving flag.

Scene 3:

The rainbow transitions into a ribbon, creating a
large heart shape in the sky.
© Grizzly Entertainment 2025. All rights reserved.

Zoho Sign Document ID: 4AC8C85E5-ISVJGZ3EDKADPGRLUZ3D6R4EU-GN5WX58JZDXBP-_ZQ Scene 4:

The ribbon finally turns into a large rainbow fist.

Scene 5:

The drones transition into “AQUA CALIENTE
CASINOS’ written in rainbow colours.

Scene 6:

The drones form a slot machine with two heart
symbols and an equal sign between them,
symbolizing that love is love.
© Grizzly Entertainment 2025. All rights reserved.

Zoho Sign Document ID: 4AC8C85E5-ISVJGZ3EDKADPGRLUZ3D6R4EU-GN5WX58JZDXBP-_ZQ Scene 7:

The drones transform into the words “ALWAYS
BET ON LOVE”.

Scene 8:

The drones take the shape of a rotating
rainbow record player disc with floating notes
around it.

Scene 9.a:

The drones turn into two hands slowly moving
towards each other.
© Grizzly Entertainment 2025. All rights reserved.

Zoho Sign Document ID: 4AC8C85E5-ISVJGZ3EDKADPGRLUZ3D6R4EU-GN5WX58JZDXBP-_ZQ Scene 9.b:

The two hands meet each other in the middle
forming a heart shape.

Scene 10:

The drones take the shape of the Cathedral City
Logo.

Scene 11:

The drones transform into “the ROOST LOUNGE”
logo.
© Grizzly Entertainment 2025. All rights reserved.

Zoho Sign Document ID: 4AC8C85E5-ISVJGZ3EDKADPGRLUZ3D6R4EU-GN5WX58JZDXBP-_ZQ Scene 12:

The drones transform into a megaphone.

Scene 13:

The word “PRIDE” comes out of the megaphone.

Scene 14:

The drones take the shape of “2025”, with a heart in
place of the number 0.
© Grizzly Entertainment 2025. All rights reserved.

Zoho Sign Document ID: 4AC8C85E5-ISVJGZ3EDKADPGRLUZ3D6R4EU-GN5WX58JZDXBP-_ZQ

GRIZZLY ENTERTAINMENTGRIZZLY ENTERTAINMENT
[email protected]
© Grizzly Entertainment 2025. All rights reserved.

Zoho Sign Document ID: 4AC8C85E5-ISVJGZ3EDKADPGRLUZ3D6R4EU-GN5WX58JZDXBP-_ZQ Full Name:

Email:

Title:

Signature:

Company Name:

I agree that the storyboard in this document from Grizzly Entertainment LLC is the final design for the drone show on March 7, 2025 for Cathedral City.

Zoho Sign Document ID: 4AC8C85E5-ISVJGZ3EDKADPGRLUZ3D6R4EU-GN5WX58JZDXBP-_ZQ Ryan Hunt
[email protected]
Communications & Events Manager
City of Cathedral City
Palm Springs, February 19th, 2025
Ryan Hunt, CPC
Communications & Events Manager
City of Cathedral City, California
[email protected]
Subject: Donation Drone Light Show for Cathedral City – LGBT+ Days – March 7, 2025 Dear Mr. Hunt,
Our company, Grizzly Entertainment in continuation of supporting the local communities of Coachella Valley, we are donating to Cathedral City a Drone Light Show with a value of $50,000 to be performed during Cathedral City LGBT+ Days on March 7th, 2025.

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

Thanking you again for your total support,
Kindest regards,
Themis Violaris, CEO

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

Staff Report
City Council
Item No. 5.E
Meeting Date: February 26, 2025
From: John A. Corella, Director of Public Works
Title: Reject Bids for the HSIP Cycle 9A Traffic Signal Improvements at Twelve Intersections Project (C08752)
RECOMMENDATION:

To reject all bids received for the construction of the Highway Safety Improvements Program (HSIP) Cycle 9A Traffic Signal Improvements at Twelve Intersections Project (C08752); and direct staff to readvertise for construction bids to ensure compliance with fair and competitive bidding practices.

BACKGROUND:

In December 2018, Cathedral City was awarded a $1,302,500 HSIP Cycle 9 grant to install advanced dilemma zone detection equipment, left turn phases, and pedestrian countdown heads at signalized intersections.

The City of Cathedral City entered into an agreement for design professional services for traffic signal upgrades at ten (10) intersections, Federal Project Number HSIPL-5430(034) and City CIP Project No. 8752, with Advantec Consulting Engineers, Inc. (design consultant) on June 24, 2020. The list of the ten (10) intersections included:

1. Ramon Road and Whispering Palms Trail

2. Ramon Road and Cathedral Canyon Drive

3. Vista Chino and Avenue Quintana

4. Gerald Ford Drive and Plumley Road

5. East Palm Canyon Drive and El Dorado

6. Ramon Road and Desert Vista Road

7. Ramon Road and Da Vall Drive

8. Date Palm Drive and Via Olivera

9. Dinah Shore Drive and Plumley Road

10. Landau Boulevard and 30th Avenue
In February 2022, the City Council approved Amendment No. 1 to the agreement with the design consultant for two (2) additional intersections to the project because of the overlapping scope of work with the Coachella Valley Association of Governments’ (CVAG’s) Regional Traffic Signal Synchronization Project (CV Sync). The additional intersections included:

11. Date Palm Drive and Gerald Ford Drive

12. Dinah Shore Drive and Cathedral Canyon Drive
In January 2024, the City Council approved Amendment No. 2 to the agreement with the design consultant to accommodate the bidding and construction phase of the Project.

Additionally, California Department of Transportation (Caltrans) approved the city’s request for allocation (RFA) of HSIP construction (CON).

In March 2024, the City Council awarded a professional services agreement to Z&K Consultants, Inc. (construction engineering Consultant) for construction engineering support services for the project.

On Sunday, July 7, 2024, the city advertised an invitation to bid, requesting qualified contractors to perform the scope of work described in Bid No. B24-58E, which includes the plans and specifications for these projects. This solicitation was made available to contractors for twenty-three (23) calendar days and advertised in the Desert Sun, PlanIt Print Works and the City’s website.

On July 30, 2024, the city received three bid proposals for the project. Due to inflation and the increase in construction costs since 2018, the lowest bidder’s bid price was higher than the HSIP funds awarded for the construction of the project.

City staff worked with NAI Consulting (state/federal project support on-call consultant) and Albert A. Webb and Associates (traffic engineering on-call consultant) to submit a cost and scope change request to CalTrans, which was approved on November 19, 2024.

On October 23, 2024, the City Council rejected all bids received on July 30, 2024, and directed staff to make the necessary revisions to the project specifications and to readvertise for construction bids.

DISCUSSION:

City staff readvertised the invitation to bid on Tuesday, January 14, 2025. This solicitation was made available to contractors for twenty-three (23) calendar days and advertised in the following locations:

Desert Sun - Published on January 14, 2025,
PlanIt Print Works - From January 14, 2025, until February 6, 2025 City’s Website - From January 14, 2025, until February 6, 2025 On February 6, 2025, the City received five (5) bid proposals for this project.

During the review of the bids received, city staff discovered that the DBX Inc. bid proposal (DBX) was received minutes prior to the opening of B24-79E for the FY 2024-2025 Dream Homes Neighborhood Area (C08693) and East Palm Canyon Drive Rehabilitation Projects (C08694) and was mistakenly opened and read aloud prior to the bid opening for which it was submitted.

It was determined that the bid solicitation process for Bid No. B24-58E was compromised and rejecting all bids ensures compliance with fair bidding practices.

According to the California Public Contract Code (PCC) Section 20166 and the project specifications Section 1110 Instruction to Bidders Subsection 24.0 Rejection of Bids, staff recommend all the bids be rejected by the City Council to allow fairness and transparency of the bid solicitation process.

Staff recommend the City Council reject all bids received for the construction of the HSIP Cycle 9A Traffic Signal Improvements at Twelve Intersections Project (C08752); and direct staff to readvertise for construction bids to ensure compliance with fair and competitive bidding practices.

FISCAL IMPACT:

This recommended action will not have a fiscal impact.

FIVE-YEAR STRATEGIC PLAN:

GOAL B: COMMUNITY INVESTMENTS
OBJECTIVE: Cathedral City roads, gateways, public spaces, and other infrastructure are well planned, designed, constructed and maintained.

ATTACHMENTS:

None
Staff Report
City Council
Item No. 6.A
Meeting Date: February 26, 2025
From: John A. Corella, Director of Public Works
Title: Award Professional Services Agreement to Ardurra Group Inc. for CWSRF Septic-to-Sewer Planning Project
RECOMMENDATION:

To award a professional services agreement to Ardurra Group Inc., in the amount of $2,178,017.56 for professional engineering services to evaluate, design, and develop documents necessary for the Clean Water State Revolving Fund (CWSRF) Septic-to-Sewer Project (C01020), in accordance with the terms outlined in CWSRF Agreement No.

D2401000 with California State Water Resources Control Board (SWRCB); and approve a ten percent (10%) contingency in the amount of $217,801.76 for any unforeseeable design costs, thereby, bringing the total design budget for this project to $2,395,819.32; and authorize the City Manager to execute all the necessary agreement documents.

BACKGROUND:

The Clean Water State Revolving Fund (CWSRF), administered by the California State Water Resources Control Board (SWRCB), offers low-cost financing for a wide variety of water quality projects, including septic-to-sewer conversion. In August 2024, Cathedral City successfully received $2,474,070 in funding for the CWSRF Septic-to-Sewer Planning Project (SWRCB Project Number C-06-8696-110) to evaluate, design and develop documents necessary to connect six (6) residential areas currently utilizing septic tanks.

In the 1990s, SWRCB began discussing threats to drinking water quality with cities in the region. The SRWCB worked with the Coachella Valley Water District (CVWD) and the Desert Water Agency (DWA) to conduct studies of cities with high septic system use in residential areas. They found contaminants including nitrates, bacteria, and viruses from septic tank seepage in the upper levels of the underground aquifer serving Cathedral City and other desert cities. The study findings were significant and identified that the installation of sewers and elimination of septic tanks as a vital step to stop the further spread of contaminants and to protect the area’s groundwater.

The municipal sewer systems in Cathedral City are owned, maintained, and operated by CVWD and DWA. The CWSRF Septic-to-Sewer Project proposes to connect six (6) residential areas to the sewer system based on the jurisdiction in which they are located.

Currently, there are five (5) residential unsewered areas that are proposed to be connected to the CVWD sewer system, and one (1) unsewered residential area that would be connected to the DWA sewer system through the CWSRF Septic-to-Sewer Planning Project. See Attachment 1 for a map of the unsewered areas.

CVWD Service Area
•Whispering Palms Neighborhood
•South City (Ocotillo Park area)
•Papaya/Pomegranate Lane
•Royal Palms Mobile Home Park
•Caliente Sands Mobile Home Park
DWA Service Area
•Lakeview Condos
During the CWSRF Septic-to-Sewer Planning Project, it will be necessary to prepare evaluations, designs, and documentation for both CVWD and DWA. CWSRB requires separate submittals of all required documentation for each water district agency. The scope of work is to include the following:

ITEM DESCRIPTION
1 CWSRF Planning Application NOTE: COMPLETED
2 CVWD Sewer Consolidation Project
•CVWD Preliminary Engineering Report
•CVWD Environmental Documentation
•CVWD CWSRF Construction Application
•CVWD Plans, Specifications, and Estimates (PS&E)
3 DWA Sewer Consolidation Project
•DWA Preliminary Engineering Report
•DWA Environmental Documentation
•DWA CWSRF Construction Application
•DWA PS&E
4 Project Management
DISCUSSION:

Following the execution of Agreement Number D2401000 with SWRCB, city staff solicited a Request for Qualifications and Proposals (RFQ/P) for preparation of Preliminary Engineering Reports, Environmental Documentation, Construction Applications, and Plans, Specifications, and Estimates PS&E for both CVWD and DWA to fulfill the terms of the SWRCB Agreement.

Within the RFQ/P, engineering consultants specializing in this type of work were asked to provide their qualifications to perform the work. Additionally, cost proposals were required to be provided in a separate sealed envelope. The submittal deadline for proposals to be submitted to the city was November 12, 2024.

The RFQ/P for these services was advertised in The Desert Sun on October 23, 2024, and October 31, 2024, and posted on the city’s website from October 17, 2024, to November 12, 2024.

On November 12, 2024, the city had not received any proposals for this project and city staff contacted SWRCB updating the agency on the situation. SWRCB confirmed that an informal solicitation process, given the tight timeline, was acceptable. SWRCB recommended that the city secure at least three (3) proposals to maintain a competitive proposal process and to remain fully eligible for CWSRF funding.

On November 14, 2024, city staff requested proposals from four (4) consultants who specialize in this type of work. The deadline to submit proposals to the city was December 5, 2024. A separate cost proposal was required to be provided in a separate sealed envelope for each submitted qualification package. By November 25, 2024, city staff had received responses from three (3) of the four (4) consulting groups that they could not meet the proposal submittal deadline. Thus, on November 26, 2024, city staff issued Addendum #1 to extend the deadline to December 20, 2024.

By December 4, 2024, city staff received additional confirmation from three (3) out of four (4) of the consultant groups that they still would not be able to submit a proposal due to the holiday schedule. Thus, on December 4, 2024, Addendum #2 was issued to the four (4) consultant groups to extend the submittal deadline to January 16, 2025.

On December 5, 2024, to further the goal to receive at least two (2) to three (3) proposals, as recommended by SWRCB, the city solicited proposals from an additional five (5) consultant groups. The five (5) additional consultant groups were given the same submittal deadline of January 16, 2025.

Four (4) consultant groups responded to the RFQ/P on January 16, 2025, and are listed below:

Albert A Webb Associates Riverside, CA
Ardurra Temecula, CA
TKE Engineering, Inc. Riverside, CA
Woodard & Curran San Diego, CA
Proposals were reviewed, evaluated, and scored by engineering department staff and representatives from CVWD and DWA using state evaluation protocols. Based on the evaluations, Ardurra Group Inc. (Ardurra) was determined to be the most qualified consultant as shown in Attachment 2. Staff reviewed Ardurra’s cost proposal and determined that the cost proposal is within the amount allocated by the CWSRF grant for the services to be provided and the valuation of the project.

Staff is requesting that City Council award a Professional Services Agreement to Ardurra Group Inc., in the amount of $2,178,017.56 for professional engineering services to evaluate, design, and develop documents necessary for the CWSRF Septic-to-Sewer Project (C01020), in accordance with the terms outlined in CWSRF Agreement No. D2401000 with SWRCB; and approve a ten percent (10%) contingency in the amount of $217,801.76 for any unforeseeable design costs, thereby, bringing the total design budget for this project to $2,395,819.32; and authorize the City Manager to execute all the necessary Agreement documents.

FISCAL IMPACT:

The total funding from the CWSRF Septic-to-Sewer Planning Project includes funds for the CWSRF Planning Application, the CVWD Sewer Consolidation Planning Project, the DWA Sewer Consolidation Project, and Project Management. In total, the project funding amount is $2,474,070.

The CWSRF funding is a reimbursement agreement. The city must pay all costs connected with the project. If CWSRF funds are not sufficient to pay the project costs in full, the city must still complete the project and pay that portion of the project costs more than available project funds. According to the executed agreement between the City and SWRCB, the loan component of the Agreement is forgiven. The estimated amount of principal that will be due to SWRCB from the city is $0.00.

Upon the execution of the agreement, the city was eligible to submit reimbursement requests for any incurred costs after the stated eligible work start date of February 1, 2022. In October 2024, the city submitted a reimbursement request for costs incurred from Woodard & Curran during the CWSRF Planning Grant Application phase:

CWSRF Funds Septic-to Sewer Planning Project Funds Awarded $2,474,070.00 Woodard & Curran (CWSRF Planning Grant Application) $ (42,080.00) CWSRF Funds Remaining $2,431,990.00
Ardurra’s cost proposal was in the amount of $2,178,017.56. City staff is proposing to include

10.44% contingency, in the amount of $253,972.44, for an estimated cost of $2,431,990.

Ardurra Cost Proposal $2,178,017.56

10.44% Contingency $ 253,972.44
Estimated Design/Planning Cost $2,431,990.00
The following table summarizes the budget allocations for the design of the project.

FISCAL YEAR DESCRIPTION

GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE AMOUNT ONE TIME or

ONGOING
2025-2026
CWSRF Funds
Sewer
Consolidation
Project Planning
331-100-150-
156-8600-
8601
C01020 $2,431,990.00 ONE TIME
2025-2026 Total $2,431,990.00
FIVE-YEAR STRATEGIC PLAN:

Goal B: Community Investments
Objective: Cathedral City roads, gateways, public spaces, and other infrastructure are well planned, designed, constructed and maintained.

ATTACHMENTS:

1. Project Locations

2. RFQ/P Evaluations

3. Ardurra Design Professional Agreement

4. SWRCB Agreement No. D2401000

Scores Albert A Webb Ardurra TKE Woodard & Curran
Rater 1 295 380 260 330
Rater 2 285 380 215 345
Rater 3 395 425 260 390
Rater 4 210 250 215 340
Rater 5 370 295 320 315
AVERAGE 311.0 346.0 254.0 344.0
Rankings Albert A Webb Ardurra TKE Woodard & Curran
Rater 1 3 1 4 2
Rater 2 3 1 4 2
Rater 3 2 1 4 3
Rater 4 4 2 3 1
Rater 5 1 4 2 3
AVERAGE 2.6 1.8 3.4 2.2
RFQ/P- CWSRF Septic to Sewer Planning Project
RFQ/P - Professional Design Engineering Services
- 1 -

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
ARDURRA GROUP, INC.

FOR

CLEAN WATER STATE REVOLVING FUND
SEPTIC TO SEWER PLANNING PROJECT (C01020)
STATE WATER BOARD PROJECT (C-06-8696-110)
This Agreement for Design Professional Services (“Agreement”) is entered into as of February 27, 2025, (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and Ardurra Group, Inc., a California corporation (“Design Professional”). City and Design Professional are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by Request for Proposals , the performance of the engineering and environmental services for the Clean Water State Revolving Fund Septic to Sewer Planning Project (C01020), defined and described particularly in Section 2 of this Agreement.

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

C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

D. Pursuant to the City of Cathedral City ’s Municipal Code, City has authority to enter into this Design Professional Services Agreement and the City Manager has authority to execute this Agreement.

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

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
- 2 -

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 27 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the Effective Date.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services . Design Professional agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) S chedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Design Professional shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 34 “Administration and Implementation” or Section 36 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. SAFETY
(a) Design Professional shall comply with OSHA regulations applicable to Design Professional regarding necessary safety equipment or procedures. Design Professional shall comply with safety instructions issued by City Safety Officer and other City representatives. Design Professional personnel shall wear hard hats and safety vests at all times while working on the construction project site. (b) Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic. Design Professional shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Design Professional shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. (c) Any subcontract entered into as a result of this agreement, shall contain all of the provisions of this Section.
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(d) Design Professional must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

SECTION 5. COMPENSATION AND METHOD OF PAYMENT.
(a) The method of payment for this Agreement will be based on lump sum.

The total lump sum price paid to Design Professional will include compensation for all work and deliverables, including travel and equipment. No additional compensation will be paid to Design Professional, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between Design Professional and City. Adjustment in the total lump sum compensation will not be effective until authorized by Agreement amendment and approved by the City. (b) Progress payments may be made monthly in arrears based on the percentage of work completed by Design Professional . If Design Professional fails to submit the required deliverable items according to the schedule, City shall have the right to delay payment or terminate this Agreement in accordance with the provisions of Section 27 "Termination of Agreement".
(c) Design Professional shall not commence performance of work or services until this Agreement has been approved by City and notification to proceed has been issued by City Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this Agreement. (d) Design Professional will be reimbursed within thirty (30) days upon receipt by City Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which Design Professional is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this project number and project title.

Final invoice must contain the final cost and all credits due City that include any equipment purchased under the provisions of Section 11 “Equipment Purchase”. The final invoice must be submitted within sixty (60) calendar days after completion of Design Professional’s work unless a later date is approved by the City. Invoices shall be mailed to the City in accordance with Section 32 “Notices”. (e) The total amount payable by City shall not exceed $2,178,017.56.

SECTION 6. COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS. (a) The Design Professional agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
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(b) The Design Professional also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
(c) Any costs for which payment has been made to the Design Professional that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the Design Professional to City. (d) When a Design Professional or Sub Design Professional is a Non -Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

SECTION 7. AUDIT REVIEW PROCEDURES.
(a) Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by City’s Chief Financial Officer.
(b) Not later than thirty (30) days after issuance of the final audit report, Design Professional , may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. (c) Neither the pendency of a dispute nor its consideration by City will excuse Design Professional from full and timely performance, in accordance with the terms of this Agreement.
(d) Design Professional and sub Design Professional Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, and incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, Cost Proposal and ICR, and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review, it is Design Professional ’s responsibility to ensure federal, state, or local government officials are allowed fully access to the CPA’s work papers including making copies as necessary. The Agreement, Cost Proposal, and ICR shall be adjusted by Design Professional and approved by City to conform to the audit or review recommendations. Design Professional agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Design Professional to incorporate audit or review recommendations, or to ensure that the federal, state, or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement pursuant to S ection 27 “Termination of Agreement” and disallowance of prior reimbursed costs.
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(e) Design Professional’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Design Professional and approved by the City to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Design Professional to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement pursuant to Section 27 “Termination of Agreement” and disallowance of prior reimbursed costs.
(i) During IOAI’s review of the ICR audit work papers created by the Design Professional ’s independent CPA, IOAI will work with the CPA and/or Design Professional toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Design Professional at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a) If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b) If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty -five percent (85%) of the proposed rate.
c) If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate. (ii) If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Design Professional to submit a revised independent CPA - audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Design Professional’s and/or the independent CPA’s revisions.
(iii) If the Design Professional fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted - 6 -

ICR will become the actual and final ICR for reimbursement purposes under this Agreement.
(iv) Design Professional may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Design Professional must submit its final invoice to City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Design Professional, either as a prime or subDesign Professional , with the same fiscal period ICR.

SECTION 8. DISPUTES.

Prior to either party commencing any legal action under this Agreement, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty -five (45) days of good- faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
(a) Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of City Manager and City Engineer, who may consider written or verbal information submitted by Design Professional.
(b) Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, Design Professional may request review by City Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
(c) Neither the pendency of a dispute, nor its consideration by the committee will excuse Design Professional from full and timely performance in accordance with the terms of this Agreement.

SECTION 9. SUBCONTRACTING.
(a) Nothing contained in this Agreement or otherwise, shall create any contractual relation between City and any subDesign Professional (s), and no sub- agreement shall relieve Design Professional of its responsibilities and obligations hereunder. The Design Professional agrees to be as fully responsible to City for the acts and omissions of its subDesign Professional (s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Design Professional . Design Professional ’s obligation to pay its subDesign Professional(s) is an independent obligation from City’s obligation to make payments to Design Professional.
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(b) Design Professional shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization in accordance with Section 34 “Administration and Implementation” of this Agreement, except that, which is expressly identified in the approved Cost Proposal.
(c) Any sub -agreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to SubDesign Professionals unless otherwise noted.
(d) Design Professional shall pay its sub Design Professional s within fifteen (15) calendar days from receipt of each payment made to Design Professional by City. (e) Any substitution of subDesign Professional(s) must be approved in writing by City in accordance with Section 34 “Administration and Implementation” of this Agreement in advance of assigning work to a substitute SubDesign Professional. (f) Prompt Progress Payment - Design Professional or sub Design Professional shall pay to any subDesign Professional , not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Design Professional on account of the work performed by the subDesign Professional s, to the extent of each subDesign Professional ’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Design Professional or subDesign Professional to a subDesign Professional , Design Professional or subDesign Professional may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subDesign Professional , of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non- DBE sub Design Professionals.

SECTION 10. RETENTION OF FUNDS.
(a) Any sub- agreement entered into as a result of this Agreement shall contain all of the provisions of this section.
(b) No retainage will be held by the City from progress payments due to Design Professional. Design Professionals and subDesign Professional s are prohibited from holding retainage from subDesign Professional s. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval.

Any violation of these provisions shall subject the violating Design Professional or subDesign Professional to the penalties, sanctions, and other remedies specified in - 8 -

Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Design Professional or subDesign Professional in the event of a dispute involving late payment or nonpayment by Design Professional , deficient sub Design Professional performance and/or noncompliance by a subDesign Professional. This clause applies to both DBE and non-DBE subDesign Professionals.

SECTION 11. EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES. (a) Prior authorization in writing, by City in accordance with Section 34 “Administration and Implementation” of this Agreement shall be required before Design Professional enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Design Professional services.

Design Professional shall provide an evaluation of the necessity or desirability of incurring such costs.
(b) For purchase of any item, service, or consulting work not covered in the Design Professional ’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City in accordance with Section 34 “Administration and Implementation” of this Agreement; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. (c) Any equipment purchased as a result of this Agreement is subject to the following:
(i) Design Professional shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated pursuant to Section 27 “Termination of Agreement” of this Agreement, Design Professional may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Design Professional elects to keep the equipment, fair market value shall be determined at Design Professional’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Design Professional , if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City.
(ii) Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
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SECTION 12. INSPECTION AND FINAL ACCEPTANCE.

Design Professional and any subDesign Professional shall permit City, the state, and the FHWA if federal participating funds are used in this Agreement ; to review and inspect the project activities and files at all reasonable times during the Term of Agreement including review and inspection on a daily basis. City shall reject or finally accept Design Professional’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Design Professional ’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Design Professional ’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 23 “Indemnification” and Section 24 “Insurance.” SECTION 13. OWNERSHIP OF DOCUMENTS.
(a) It is mutually agreed that all materials prepared by Design Professional under this Agreement shall become the sole property of City, and Design Professional shall have no property right therein whatsoever. Immediately upon completion, expiration or termination, City shall be entitled to, and Design Professional shall deliver to City, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, and other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by Design Professional in performing this Agreement which is not Design Professional ’s privileged information, as defined by law, or Design Professional’s personnel information, along with all other property belonging exclusively to City which is in Design Professional ’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this Agreement must be approved in writing by City. (b) Additionally, it is agreed that the Parties intend this to be an Agreement for services and each considers the products and results of the services to be rendered by Design Professional hereunder to be work made for hire. Design Professional acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City, and may be used, reused or otherwise disposed of by City without the permission of the Design Professional.
(c) Nothing herein shall constitute or be construed to be any representation by Design Professional that the work product is suitable in any way for any other project except the one detailed in this Agreement. Any reuse by City for another project or project location shall be at City’s sole risk. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, - 10 -

appraisals, inventories, analyses, estimates, or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional ’s guarantees and warranties in Section 1 5 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, investigations, appraisals, inventories, analyses, estimates, or other documents.
(d) Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).
(e) City may permit copyrighting reports or other agreement products. If copyrights are permitted; the Agreement shall provide that the City shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

SECTION 14. DESIGN PROFESSIONAL'S BOOKS AND RECORDS.
(a) For the purpose of determining compliance with Gov. Code § 8546.7, Design Professional shall maintain any and all documents and records demonstrating or relating to Design Professional ’s performance of the Services. The Design Professional, Sub Design Professional s, and City shall maintain any and all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement, including, but not limited to, the costs of administering the Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Design Professional pursuant to this Agreement. All parties, including the Design Professional ’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Design Professional’s address indicated for receipt of notices in this Agreement. The State, State Auditor, or City, shall have access to any books, records, and documents of the Design Professional , Sub Design Professional s, and the Design Professional ’s Independent CPA, that are pertinent to the Agreement for audits, examinations, - 11 -

workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Design Professional ’s business, City may, by written request, require that custody of such documents or records be given to the City.

Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 15. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Design Professional shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Design Professional under this Agreement, and shall use such skill, prudence, and diligence as other members of Design Professional’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

SECTION 16. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

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

SECTION 17. STATE PREVAILING WAGE RATES.
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(a) No Design Professional or SubDesign Professional may be awarded an Agreement containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this Agreement , including any subsequent amendments.
(b) The Design Professional shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. These wage rates are made a specific part of this A greement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site.

Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction Design Professional or one of its subcontractors solely and specifically to serve City projects.

Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
(c) General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov
.
(d) Payroll Records
(i) Each Design Professional and SubDesign Professional shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Design Professional or SubDesign Professional in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct.
(2) The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
(ii) The payroll records enumerated under paragraph (1) above shall be certified as correct by the Design Professional under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representative’s at all reasonable hours at the principal office of the Design Professional. The Design Professional shall provide copies of certified payrolls or permit inspection of its records as follows:
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(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.
(2) A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Design Professional. (3) The public shall not be given access to certified payroll records by the Design Professional . The Design Professional is required to forward any requests for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request. (iii) Each Design Professional shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. (iv) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Design Professional or SubDesign Professional performing the work shall not be marked or obliterated. (v) The Design Professional shall inform City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
(vi) The Design Professional or SubDesign Professional shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Design Professional or SubDesign Professional fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Design Professional is not subject to a penalty assessment pursuant to this section due to the failure of a SubDesign Professional to comply with this section.
(e) When prevailing wage rates apply, the Design Professional is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the City.
(f) Penalty
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(i) The Design Professional and any of its SubDesign Professional s shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the Design Professional and any Sub Design Professional shall forfeit to the City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the Agreement by the Design Professional or by its SubDesign Professional in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
(ii) The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the Design Professional or SubDesign Professional in failing to pay the correct rate of prevailing wages, or the previous record of the Design Professional or SubDesign Professional in meeting their respective prevailing wage obligations, or the willful failure by the Design Professional or SubDesign Professional to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the Design Professional or Sub Design Professional had knowledge of the obligations under the Labor Code. The Design Professional is responsible for paying the appropriate rate, including any escalations that take place during the term of the Agreement.
(iii) In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Design Professional or SubDesign Professional.
(iv) If a worker employed by a SubDesign Professional on a public works project is not paid the general prevailing per diem wages by the SubDesign Professional, the prime Design Professional of the project is not liable for the penalties described above unless the prime Design Professional had knowledge of that failure of the SubDesign Professional to pay the specified prevailing rate of wages to those workers or unless the prime Design Professional fails to comply with all of the following requirements:
(1) The Agreement executed between the Design Professional and the SubDesign Professional for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.
(2) The Design Professional shall monitor the payment of the specified general prevailing rate of per diem wages by the SubDesign Professional to the employees by periodic review of the certified payroll records of the SubDesign Professional.
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(3) Upon becoming aware of the SubDesign Professional ’s failure to pay the specified prevailing rate of wages to the SubDesign Professional ’s workers, the Design Professional shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the SubDesign Professional for work performed on the public works project.
(4) Prior to making final payment to the SubDesign Professional for work performed on the public works project, the Design Professional shall obtain an affidavit signed under penalty of perjury from the SubDesign Professional that the SubDesign Professional had paid the specified general prevailing rate of per diem wages to the SubDesign Professional ’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
(v) Pursuant to Labor Code §1775, City shall notify the Design Professional on a public works project within fifteen (15) calendar days of receipt of a complaint that a SubDesign Professional has failed to pay workers the general prevailing rate of per diem wages.
(vi) If City determines that employees of a SubDesign Professional were not paid the general prevailing rate of per diem wages and if City did not retain sufficient money under the Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Design Professional shall withhold an amount of moneys due the Sub Design Professional sufficient to pay those employees the general prevailing rate of per diem wages if requested by City. (g) Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The Design Professional shall forfeit, as a penalty to the City, twenty-five dollars ($25) for each worker employed in the execution of the Agreement by the Design Professional or any of its SubDesign Professionals for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one half (1.5) times the basic rate of pay, as provided in §1815.
(h) Employment of Apprentices
(i) Where either the prime Agreement or the sub- agreement exceeds thirty thousand dollars ($30,000), the Design Professional and any subDesign Professionals under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. - 16 -

(ii) Design Professionals and subDesign Professionals are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, Design Professional and subDesign Professionals are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/
, for additional information regarding the employment of apprentices and for the specific journey -to- apprentice ratios for the Agreement work.

The Design Professional is responsible for all subDesign Professionals’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

SECTION 18. NONDISCRIMINATION AND STATEMENT OF COMPLIANCE. (a) The Design Professional ’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Design Professional has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103. (b) During the performance of this Agreement , Design Professional and its subDesign Professionals shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Design Professional and subDesign Professional s shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. (c) Design Professional and sub Design Professional s shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a- f), set forth 2 CCR §§8100- 8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
(d) Design Professional shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.
- 17 -

(e) Design Professional and its sub Design Professional s shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
(f) Design Professional shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. (g) The Design Professional , with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
(h) The Design Professional shall comply with regulations relative to non- discrimination in federally -assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Design Professional shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of SubDesign Professionals.

SECTION 19. UNAUTHORIZED ALIENS
Design Professional hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Design Professional so employ such unauthorized aliens for the performance of the Services, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Design Professional hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 20. CONFLICTS OF INTEREST.
(a) Design Professional covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Design Professional agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
- 18 -

(b) City may determine that Design Professional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional shall file the subject Form 700 with the City Clerk ’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request. (c) City understands and acknowledges that Design Professional is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Design Professional is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (e) During the term of this Agreement , the Design Professional shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Design Professional shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. (f) Design Professional certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Design Professional agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement . Design Professional further agrees to complete any statements of economic interest if required by either City ordinance or State law. (g) The Design Professional hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement.
(h) The Design Professional hereby certifies that the Design Professional or subDesign Professional and any firm affiliated with the Design Professional or subDesign Professional that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
- 19 -

SECTION 21. REBATES, KICKBACKS, OR OTHER UNLAWFUL
CONSIDERATION.

The Design Professional warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

SECTION 22. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All financial, statistical, personal, technical, or other data and information gained or work product produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional . Design Professional shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Design Professional , its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional , provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should Design Professional , its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Design Professional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional . However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
- 20 -

(e) Permission to disclose information on one occasion, or public hearing held by City relating to the Agreement, shall not authorize Design Professional to further disclose such information, or disseminate the same on any other occasion. (f) Design Professional shall not comment publicly to the press or any other media regarding the Agreement or City’s actions on the same, except to City ’s staff, Design Professional’s own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. (g) Design Professional shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by City , and receipt of City’s written permission.
(h) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.
(i) All information related to the construction estimate is confidential , and shall not be disclosed by Design Professional to any entity, other than City, Caltrans, and/or FHWA. All of the materials prepared or assembled by Design Professional pursuant to performance of this Agreement are confidential and Design Professional agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If Design Professional or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Agreement , City has the right to reimbursement and indemnity from Design Professional for any damages caused by Design Professional releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

SECTION 23. INDEMNIFICATION.
(a) Indemnification by Design Professional . As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Design Professional, its officers, agents, employees or sub- Design Professionals (or any entity or individual that Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City , its contractors and other d esign professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Design Professional - 21 -

shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Design Professional’s duty to defend shall not apply if there is a project -specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all design professionals involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every s ub-Design Professional , sub contractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section. (c) Cit
y's Negligence . The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 24. INSURANCE.

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

SECTION 25. ASSIGNMENT.

The expertise and experience of Design Professional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Design Professional under this Agreement. In recognition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Design Professional’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 27 “Termination of Agreement.” City acknowledges, - 22 -

however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.

SECTION 26. CONTINUITY OF PERSONNEL.

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

SECTION 27. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Design Professional. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Professional or City, all property belonging exclusively to City which is in Design Professional’s possession shall be returned to City. Design Professional shall furnish to City a final invoice for work performed and expenses incurred by Design Professional, prepared as set forth in Section 5 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Compensation and Method of Payment” of this Agreement.
(e) City may temporarily suspend this Agreement , at no additional cost to City, provided that Design Professional is given written notice of temporary suspension.

If City gives such notice of temporary suspension, Design Professional shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in subsection A of this section.
(f) Notwithstanding any provisions of this Agreement, Design Professional shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Design Professional, and City may withhold any payments due to Design Professional until such time as the exact amount of damages, if any, due City from Design Professional is determined.
- 23 -

(g) In the event of termination, Design Professional shall be compensated as provided for in this Agreement, except as provided in Section 11 Equipment Purchase and Other Capital Expenditures Part C.

SECTION 28. DEFAULT.

In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed after the date of default. Instead, the City may give notice to Design Professional of the default and the reasons for the default.

The notice shall include the timeframe in which Design Professional may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Design Professional is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Section 27 “Termination of Agreement .” Any failure on the part of the City to give notice of the Design Professional’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 29. EXCUSABLE DELAYS.

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

SECTION 30. CLAIMS FILED BY CITY’S CONSTRUCTION CONTRACTOR. (a) If claims are filed by City’s construction contractor relating to work performed by Design Professional’s personnel, and additional information or assistance from Design Professional’s personnel is required in order to evaluate or defend against such claims; Design Design Professional agrees to make its personnel available for consultation with City’s construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. (b) Design Professional’s personnel that City considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from City . Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for Design Professional ’s personnel services under this Agreement.
- 24 -

(c) Services of Design Professional ’s personnel in connection with City ’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to resolve the construction claims.

SECTION 31. COOPERATION BY CITY.

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

SECTION 32. NOTICES.

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

To City: City of Cathedral City
Attn: Armando J. Garcia Baldizzone
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

To Design Professional: Attn: Carmen Kasner
Ardurra Group, Inc.
43410 Business Park Drive
Temecula, CA 92590
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 33. AUTHORITY TO EXECUTE.

The person or persons executing this Agreement on behalf of Design Professional represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.

SECTION 34. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 36 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code. - 25 -

SECTION 35. BINDING EFFECT.

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

SECTION 36. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. Design Professional shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been issued. There shall be no change in Design Professional ’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this Agreement without prior written approval by City.

SECTION 37. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.

Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 38. LAW TO GOVERN; VENUE.

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

SECTION 39. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled. - 26 -

SECTION 40. CONTINGENT FEE.

Design Professional warrants, by execution of this Agreement that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by Design Professional for the purpose of securing business. For breach or violation of this warranty, City has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

SECTION 41. DEBARMENT AND SUSPENSION.
(a) The Design Professional ’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Design Professional or any person associated therewith in the capacity of owner, partner, director, officer or manager:
(i) Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; (ii) Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; (iii) Does not have a proposed debarment pending; and
(iv) Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
(b) Any exceptions to this certification must be disclosed to City . Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action. (c) Exceptions to the Federal Government excluded parties (https://sam.gov/content/home
) maintained by the U.S. General Services Administration are to be determined by FHWA.

SECTION 42. NATIONAL LABOR RELATIONS BOARD CERTIFICATION.

In accordance with Public Contract Code Section 10296, Design Professional hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Design Professional within the immediately preceding two- year period, because of Design Professional ’s - 27 -

failure to comply with an order of a federal court that orders Design Professional to comply with an order of the National Labor Relations Board.

SECTION 43. ENTIRE AGREEMENT.

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

SECTION 44. PROMPT PAYMENT FROM CITY TO DESIGN PROFESSIONAL The City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Design Professional on a professional service agreement. If the City fails to pay promptly, the City shall pay interest to the Design Professional , which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro- rated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following:
(1) The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The City must return any payment request deemed improper by the City to the Design Professional as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

SECTION 45. SEVERABILITY.

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

SECTION 46. ELECTRONIC SIGNATURE
The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. Design Professional acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Design Professional - 28 -

agrees to comply with the Electronic Signature Use Policy. Design Professional agrees to indemnify, defend, and hold the City harmless from any claim, damage, or liability associated with transmitting an electronic signature or an electronically signed record by electronic transmission.

SECTION 47. CONFLICTING TERMS.

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

IN WITNESS WHEREOF , the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF CATHEDRAL CITY ARDURRA GROUP, INC.

__________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
ATTEST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo, CMC
City Clerk

APPROVED AS TO FORM

___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY

NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )
On ____________________, 2024 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL

Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.

CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer

Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Date Of Document

Signer(s) Other Than Named Above
A-1
EXHIBIT "A"

SCOPE OF SERVICES

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 2 SCOPE OF WORK
This section will focus on the technical scope to completing the project with specifics on the steps we will take to complete the project within the schedule and present the best possible solution given the project constraints.

TASK 1: PROJECT MANAGEMENT
Project Management includes the kickoff meeting and holding bi-weekly telephone coordination meetings and submittal review meetings, as well as monitoring the schedule and providing monthly updates to City of Cathedral City (City) staff and quarterly updates for the State in their review.

The objectives of the kickoff meeting include:
t Introducing the project team to all of the key
stakeholders.
t Discussing project objectives, project approach,
schedule, and milestones, review history of the project. t Establishing lines of communication.
t Identifying the required data to be provided by
the City and reviewed by Coachella Valley Water
District (CVWD) and Desert Water Agency (DWA);
sometimes here after referred to as “Both Agencies” or
“Each Agency”.
t Identifying areas of concern.

The project stakeholders include the City’s project manager and staff, staff from Both Agencies’ department(s), staff who may provide critical input on the project, the appropriate Ardurra personnel, and subconsultants. The kickoff meeting will provide the team the chance to clarify goals, review operational needs and objectives as well.

All meetings and telephone coordination meetings will
include meeting minutes and follow-up action items. This is a cornerstone of our communication strategy.

DELIVERABLE(S) : Monthly Progress Reports, Meeting Agendas, Minutes, and Schedule Updates.

ASSUMPTIONS:
t This task also includes up to 5 City council meetings and presentations.
t The assumption is that this project will last from February 2025 to December 3 1, 2026 with close out and final
paperwork extending into January 2026 for a total of
24 months.
t Microsoft Project will be used for schedule tracking
and updates.
t Assume in person meetings every other month and the
opposite month meeting to be virtual.

TASK 2: PRELIMINARY ENGINEERING REPORT
Ardurra will prepare two preliminary engineering reports in compliance with CWSRF requirements for Each Agency
including design criteria and alignments and hydraulic analysis for the total of six separate residential areas. The document will include Ardurra’s research summary on lot septic tank locations especially for the two mobile home parks so that appropriate pipelines can be developed, construction packaging strategies, and required construction permits. We will include the
advantages and disadvantages of the alternatives considered, construction constraints, unique challenges and possible solutions. Other key factors related to design and construction and offsite improvements needed for additional capacity constraints, life cycle costs. Ardurra will provide sketches with sufficient detail to illustrate the scale and location of the project components, analysis of probable construction costs, and a summary of potential issues, including environmental constraints. Ardurra will meet with City and Both Agencies’ staff to discuss the alternatives and select the preferred solution.

The Project team also has significant experience and cost estimates available to them from projects they have completed for other similar clients recently. The team will work together to assure that the estimate is in conformance to state standards for the maximum grant reimbursement. The reports will be signed and stamped by a Professional Engineer in the State of California.

DELIVERABLE(S) : CVWD Sewer Consolidation Project Draft Preliminary Engineering Report, DWA Sewer Consolidation Project Draft Preliminary Engineering Report, CVWD
Sewer Consolidation Project Final Preliminary Engineering Report, DWA Sewer Consolidation Project Final Preliminary Engineering Report.

ASSUMPTIONS: Each Agency’s comments and the City’s
comments on the respective report will have one consolidated set of comments so that conflicting comments are resolved prior to providing to Ardurra. One comment resolution meeting will be held for each respective report and limited time can be used in that meeting to help resolve conflicting comments, however, if multiple meetings or multiple review cycles are required, they may require additional services scope.

TASK 3: PROJECT ENVIRONMENTAL DOCUMENTATION
Ardurra has teamed with Helix Environmental for completion of the environmental documentation. The following tasks are required for Each Agency as two separate reports will be prepared and two separate MNDs will be developed.

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 3 SCOPE OF WORK

CULTURAL RESOURCES SURVEY & TECHNICAL REPORT
HELIX will conduct a cultural resources survey to identify cultural resources that may be affected by the proposed project in accordance with state and federal regulations, including the following tasks: HELIX will work with City staff and the CSWRCB to define the Area of Potential Effect (APE) for cultural resources; obtain a records search from the South Coastal Information Center (SCIC), the California Historical Resources Information System (CHRIS) repository for Riverside County, for the project area pipeline corridors and a one-mile buffer; contact the Native American Heritage Commission (NAHC) for a Sacred Lands File check and list of contacts; contact the Native American community as identified by the NAHC (if directed to do so by City staff); review historic aerials and topographic maps; and conduct a field survey of the total proposed project area assuming 29,000 linear feet and a 50-foot buffer on each side of the alignment centerline. Due to the cultural sensitivity of the project vicinity, HELIX will include a Native American (Cahuilla) monitor on the survey, unless directed otherwise by City staff.

HELIX will prepare a cultural resources technical report documenting the methods and results of the study, including recommendations for further research and proposed
mitigation measures, if such are necessary. Conclusions will be categorized by neighborhood. The report will address both CEQA significance and federal compliance (e.g., Section 106 of the National Historic Preservation Act). Based on one set of minor comments from the City, HELIX will revise the draft report and submit an electronic copy of the revised draft report for submittal to the SWRCB. HELIX will respond to one set of minor comments from the SWRCB.

TRIBAL CONSULTATION ASSISTANCE
If requested by the City, HELIX’s Cultural Resources Group staff will act as extension of City staff to assist with government-to- government outreach and consultation under Assembly Bill (AB) 52. HELIX will draft notification letters to be sent on City letterhead to Tribes who have registered with the City requesting to be notified of projects. This scope assumes up to 1 2 hours for a senior archaeologist or Principal Cultural Resources Specialist to assist with consultation meetings, including attendance via virtual meetings or telephone and providing meeting summary notes afterwards.

In addition, HELIX will assist with Section 106 notifications and consultation. The scope for this task assumes up to an additional 24-hours for a senior archaeologist or Principal Cultural Resources Specialist for preparation of a draft State Historic Preservation Officer (SHPO) notification letter and assistance with consultation meetings, including attendance via telephone and providing meeting minutes afterwards. The scope does not include any in-person meetings; additional meetings and consultation assistance can be accommodated on a time-and-materials basis if they are required.

PALEONTOLOGICAL TECHNICAL REPORT (SDNHM)
A paleontological resources technical report for Each
Agency will be prepared by the San Diego Natural History Museum (SDNHM). A review of published and unpublished
paleontological and geological reports covering the project area will be conducted. Searches of the paleontological collection records housed at the Natural History Museum of Los Angeles County (NHMLA), San Diego Natural History
Museum (SDNHM), and Western Science Center (WSC) will
be conducted to determine the extent of known fossil collection sites within and adjacent to the project area. An evaluation of the resource significance/sensitivity of individual geologic formations underlying the project area will be conducted. Draft and final technical reports will be prepared that will summarize the results of the document review, records searches, and paleontological resource sensitivity assessment, categorized by neighborhood. The report will also include a discussion of potential project-related impacts to paleontological resources and will provide general mitigation measures to reduce any potential impacts to a less than significant level.

GENERAL BIOLOGICAL SURVEY & JURISDICTIONAL

ASSESSMENT
HELIX will conduct a general biological survey and jurisdictional assessment over the five CVWD sites that collectively comprise the survey area in Cathedral City as described in the RFP.

The general biological survey will: map current vegetation communities and land uses; assess suitability of habitat for listed and sensitive plant and animal species; and preliminarily identify and map potential jurisdictional waters. The locations of sensitive species incidentally observed or otherwise detected during the general biological survey will be mapped in the field. The results of the general biological survey will determine future survey needs for listed and highly sensitive species.

The complete survey results and mapping will be included in the Biological Technical Report (BTR) and Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP)
Consistency Analysis.

HELIX will prepare a BTR and CVMSHCP Consistency
Analysis to be submitted to the City for CEQA and CVMSHCP consistency review. This report will describe the survey methods employed, present the results of the fieldwork, assess the potential for additional sensitive resources to occur within the survey area, identify regulatory issues related to the resources within the survey area, calculate project impacts for the project, provide conclusions for each of the five neighborhoods, and recommend potential mitigation measures in accordance with CEQA and CVMSHCP requirements. The project team will
provide a grading plan that includes permanent and temporary land disturbance required to implement the proposed project, including remedial grading, and construction staging/access.

The grading plan will be analyzed for impacts based on CEQA and CVMSHCP requirements and thresholds. HELIX will revise the draft report based on one set of comments provided by

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 4 the project team. HELIX will then finalize the report and submit an electronic version of the report to Ardurra for submittal to the City. If major or multiple rounds of revisions are needed, additional contract authorization may be required. This task assumes analysis of only one version of the project alignment.

Major design revisions, and/or analysis of more than one version of the designs, may require a contract augment.

AIR QUALITY TECHNICAL LETTER
HELIX will prepare a brief air quality/greenhouse gas (GHG) technical letter for the CVWD project. HELIX will quantify the project’s construction and operational criteria pollutant regional daily emissions and annual GHG emissions. Construction and operational emissions will be estimated using the California Emissions Estimator Model (CalEEMod). The analysis results will be subcategorized by neighborhood. As part of federal compliance, the analysis will also include annual project construction and operational criteria pollutant emissions for a Clean Air Act (CAA) General Conformity Rule applicability analysis. HELIX will provide the results of the air quality and GHG analyses in a technical letter to include brief descriptions of the existing setting and applicable regulations and policies; the results of the analyses described above; and significance determinations in accordance with CEQA guidelines.

HELIX will prepare an Initial Study (IS) for the CVWD project that will include the following, as required by the State CEQA Guidelines: description of the project, including the five neighborhoods within the CVWD area; description of the environmental setting; identification of effects for 20 environmental topics based on the questions included in the Appendix G checklist, followed by a brief discussion of each checklist answer, subcategorized by neighborhood; and a discussion of ways to mitigate the significant effects identified (if applicable). The IS will be based on information provided by the project team, the technical analyses prepared as described above, and our knowledge of the project area and similar facilities. Noise calculations for construction impacts will be provided and inserted directly into the IS (no separate technical report). HELIX will submit electronic files of the Initial Study for review and approval by the City. For cost estimating purposes, this scope assumes a draft and a final version of the Initial Study will be submitted to the City.

ENVIRONMENTAL TASKS PROJECT MANAGEMENT
HELIX will provide as-needed project management services to the City, which are expected to include quality assurance/ quality control review of work products, task coordination, progress review and reporting, phone and e-mail
correspondence, and online meetings with the City, project team, and/or other agencies. For cost estimate purposes, this task assumes 1 2 hours for the Principal Planner and 40 hours for the Project Manager.

SECTION 7 BIOLOGICAL REPORT (OPTIONAL)
Based on HELIX’s review of the project data, no impacts to federally listed species are likely to occur, therefore no formal or informal Section 7 Consultation between the U.S. Fish and Wildlife Service (USFWS) and another federal agency are anticipated. If impacts to federally listed species were determined to be required, those impacts would likely be addressed as a covered species under the CVMSHCP, which is a Section 10(a) permit pursuant to the Federal Endangered Species Act (FESA).

Given the need for NEPA-like documentation for the project based on federal funding requirements, HELIX has prepared this optional task for documentation related to the FESA, if required to support the NEPA-like reporting requirement.

This task does not include the preparation of a Biological Assessment for a formal or informal Section 7 Consultation between USFWS. If it is determined that one is needed, a contract augment can be provided.

DRAFT MND
HELIX will prepare a Draft Mitigated Negative Declaration (MND) that describes the projects for Each Agency, identifies potentially significant impacts and the associated mitigation that would avoid or reduce those impacts to less-than-significant levels based on the Initial Study described above, and include a finding that the proposed project would not, as mitigated, have a significant effect on the environment.

HELIX will provide an electronic version of the administrative Draft MND for City review. Upon incorporation of appropriate revisions, HELIX will provide a public review version of the document electronically to the City (the Initial Study will be attached to the MND, along with the technical reports). HELIX will be responsible for all public noticing (up to 200 recipients on the noticing mailing list sent regular mail and including publication of one advertisement in the local newspaper) of the Public Review Draft MND and will be responsible for uploading the required deliverables to the State Clearinghouse’s
CEQAnet web portal (assuming the City will approve HELIX as an authorized document uploader).

FINAL MND
In consultation with the City, HELIX will respond to comments received on the content of the Draft MND during public review of the document. For the purposes of this cost estimate, it is assumed that the preparation of responses will not require more than 50 hours of professional staff time. HELIX will also prepare a Mitigation Monitoring and Reporting Program (MMRP). The responses to comments, MMRP, and revisions to the Draft MND (as needed) will be incorporated into the Final MND.

One set of revisions will be completed prior to finalizing the deliverables. HELIX will provide the Final MND electronically to the City.

SCOPE OF WORK

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 5 This scope assumes that HELIX will prepare the Notice of Determination (NOD). HELIX will file the NOD with the Riverside County Clerk within five days after adoption of the Final MND.

The City will be responsible for paying the appropriate County Clerk and California Department of Fish and Wildlife CEQA filing fees.

ASSUMPTIONS:
t Once preparation of the technical reports has begun,
no changes to the Project design will occur such that
major revisions to the project description or re-analysis of any environmental issue will be required.
t The scope assumes a general survey of the project
area and assumes that no additional project areas,
staging yards, or other project elements will be added
during the design phase of the project. Only publicly
accessible areas will be assessed.
t Air quality modeling assumes that a separate model
run will be required for each neighborhood and
that construction assumptions (equipment, duration,
phasing) will be provided by the Project team.
t The scope does not include historic evaluation, as it is assumed that built environment resources will not be
affected by the project. If historic features requiring documentation and evaluation are identified, a
contract augment would be required to address them.
t The scope assumes the direct cost of the records search for Both Agencies would not exceed $1,000.
t The scope assumes that no cultural resources will be
identified within the project alignments as a result of the records search and field survey. If resources are
identified, they will need to be recorded and evaluated to assess their significance. The scope and cost of such documentation and evaluation would depend on
the extent and nature of the resources identified and
would require a contract modification.
t The biological survey assumes that all sites will be
assessed during the same site visit.
t Costs associated with public meetings, species-
specific focused surveys, tree surveys, formal wetland
delineation or aquatic resource delineation reports,
and/or permit preparation and processing tasks not
specifically described above (“additional work”) are
not included within the scope of services.
t The project team is responsible for assuring that
technical reports that are provided to HELIX for the
public record by any party not under subcontract to
HELIX are consistent with the document accessibility
requirements of Section 508 of the Rehabilitation Act,
the Americans with Disabilities Act, and any similar
requirements.
t The City will pay any required California Department
of Fish and Wildlife environmental review fees and
County filing fees.

TASK 4: CWSRF CONSTRUCTION APPLICATION
The Consultant shall complete and submit Draft CWSRF
Construction Financial Packages including requirements
listed in the RFP’s Attachment 2, Exhibit A. The Consultant will coordinate with CVWD and DWA to prepare and
submit complete CWSRF Construction Applications for each respective agency.

This includes preparing the SWRCB SRF Federal Cross-cutting Environmental Regulations Evaluation Form for Environmental Review and Federal Coordination based on information
included in the MND and supporting documentation for
federal regulations including the air quality conformity analysis, biological technical report, and cultural resources technical report. A brief alternatives analysis, comparing the proposed project against the No Project alternative.

The SWRCB will distribute the submittal package to the
appropriate federal agencies for a 30-day review as required by federal requirements. This distribution is in addition to the standard State Clearinghouse public review requirements under CEQA. We will then finalize the SRF Program submittal package, based on any comments received by federal
agencies during review. This scope of work assumes that no revisions will be required to the adopted MND. We will provide digital versions of all files for the City to upload to the SWRCB’s FAAST website.

The Preliminary Report in Task 2 will be used as a basis for the Technical package.

DELIVERABLE(S) : CVWD Sewer Consolidation Project Draft CWSRF Financial Package, DWA Sewer Consolidation Project Draft CWSRF Financial Package, CVWD Sewer Consolidation Project Construction Application, DWA Sewer Consolidation Project Construction Application
ASSUMPTIONS: This assumes that Each Agency will be able to provide agency specific direction on the General Information Package and Financial Security Package, the final budget package will not be able to be completed until after bidding is completed and bid results are available. Since at this time who is managing the construction is unknown that package will not be able to be completed.

These packages include funding options (grants, assessment districts, or other mechanisms), that they have appropriate bonding capacity, established rates, and have the cost to connect to their system. Since these areas were previously not connected due to financial constraints, the general approach

SCOPE OF WORK

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 6 will be to make an assumption about the availability of grants for completion. However, even grants usually have some sort of matching requirement, so there will need to be direction provided from Each Agency for what could be used for a
matching amount.

An equity argument could be made that since these areas are disadvantaged and were not connected due to funding limitations in the past and many other more affluent areas had already been connected with no requirements for upsizing, that these areas should not be responsible for paying the full cost of upsizing some of the segments downstream since they are just the segments that caused the pipe to tip over to a new size. These are the type of discussions and decisions that will need to be completed prior to finalizing the engineering report and may cause delays in the financial elements of the report.

Each Agency’s comments and the City’s comments on the
respective report will have one consolidated set of comments so that conflicting comments are resolved prior to providing to Ardurra. One comment resolution meeting will be held for each respective report and limited time can be used in that meeting to help resolve conflicting comments, however, if multiple meetings are required, they will require additional services scope.

TASK 5: PROJECT PLANS AND SPECIFICATIONS

5.1 30% PLAN SUBMITTAL
Submittal of 30% plans includes a number of steps and elements.

These include Survey, Record Utility location, geotechnical investigation, 30% design, 30% Opinion of probable Costs.

5.1.1 SURVEY
Ardurra has teamed with Paradigm Geospatial to complete the Survey tasks for the project.

SURVEY CONTROL ESTABLISHMENT : Our survey team will
tie into existing published horizontal and vertical control for this project. The accuracies for these points will be conformant to the standards as outlined in the “Accuracy of Data” below.

This control will be shown on an accompanying Survey Control exhibit.

BASEMAP SURVEY:
t STREET SURVEY: Survey crews will perform terrestrial
scanning along the +/- 33,600 feet of paved
roadway as shown highlighted in Exhibit “A” spanning
from Right-of-Way to Right-of-Way across the streets.

The scan data will be compiled and +/- 25-foot
cross sections extracted from the scan data along the
construction path. With the resulting points having an
accuracy of +/- 0.03-foot, the data will be compiled
into CAD resulting in planimetric linework, and a
surface model.

As we are collecting the fieldwork with Terrestrial
Scanning methods in the event additional detail is
required that may be provided in accordance with the
“Optional Office Survey” fee provided.
t UTILITY DIPS : Our survey crews will locate up to 45
Sewer Manhole locations at location provided by the
project team. Located Sewer facilities will also have
their invert elevations obtained and annotated into the design file. An assumption of 2 days of traffic control will be required for locating the survey manholes. An
optional allowance of up to 6 days of field survey has
been included to obtain additional utility locations that are marked out and or air excavated.
t BASEMAP (ROW) SURVEY : As a part of the project
research our Project Surveyor will research the existing record mapping available from the County Surveyor
for the areas shown in Exhibit A. The maps found from
the initial research will be noted into the topographic CAD file. The boundary lines shown will be from record
GIS data only, and only minimally constrained onto
controlling corners. The boundary and right of way
locations will be for reference only. This mapping will result in a unified Land Net showing potential changes
in ownership and/or rights. This mapping deliverable
will be considered an interim deliverable and in
the event further research or Records of Survey are
deemed necessary our staff will notify the client and
await further direction as those services are expressly prohibited under the scope and fee of this proposal.
t ACCURACY: For this project, the proposed accuracy
of Survey points will follow ASPRS standards of
1” = 10’ @ Class 2, with a contour interval of 1.00
foot. Best efforts will be made to meet or exceed the
above specifications; however, limitations of survey
equipment will apply.

ASSUMPTIONS:
t This scope and fee presumes that we will be allowed
access to the site during normal working hours
(Monday-Friday – 7:00am-4pm).
t No Record of Survey or Pre-Construction & Post-
Construction Corner Records are to be performed as
a part of this scope and fee.
t The fee’s provided are assuming that each phase will
be able to be surveyed in its entirety all at once
t This Scope and Fee presumes that Prevailing Wage
rates do apply.
t Parcel and Right of Way mapping research will be
limited to existing records readily available from the
County of San Bernardino.
t Private Property (if required) access is to be
coordinated by the Client/Project Owner in advance
of the field survey.

SCOPE OF WORK

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 7 5.1.2 GEO TECHNICAL INVESTIGATION
Geotechnical investigation is critical to avoid construction issues with unforeseen conditions. Our team has completed significant geotechnical work in the valley and are able to utilize that information to develop the most comprehensive report that will minimize the risk during construction. Corings and density of the asphalt pavement shall be obtained when boring is completed to assist in the pavement rehabilitation strategies. The depth of borings has been anticipated to be 5 feet deeper than the pipeline alignment.

PROJECT SET-UP
As part of the project set-up, personnel from our office will conduct the following.
t Prepare a borings location map and submit for your
review and approval.
t Conduct a site reconnaissance and stake/mark the
boring locations.
t Obtain a no-fee permit from the City of Cathedral
City.
t Notify underground Service Alert (USA) at least 48
hours prior to drilling to clear the boring locations of any conflict with existing underground utilities.
t Engage a California registered drill rig.

SUBSURFACE EXPLORATION
Our subsurface exploration will include drilling exploratory borings. The purpose of the borings will be to:
t Obtain subsurface information along the pipe
alignments.
t Obtain undisturbed and bulk samples of the various
soil types for laboratory testing.

The number and depth of borings is estimated to be 35 at 1 5’ deep each.

If refusal is encountered before the planned depth is reached, the borings will be terminated at that depth. The borings will be drilled with a truck mounted rig (CME 75 or equivalent) equipped with hollow stem auger for soils sampling. Soils will be continuously logged, sampled and classified by the geologist/ engineer in the field by visual examination in accordance with the Unified Soil Classification System.

Continuous undisturbed ring samples of the subsurface
materials will be obtained. The relatively undisturbed ring samples will be obtained using a Modified California Sampler (2.4-inch inside diameter and 3.0-inch outside diameter) lined with thin-walled sample rings. The sampler will be driven into the bottom of the borehole with successive drops of a 1 40- pound hammer falling 30 inches. The number of successive drops of the driving weight (“blows”) required for each 6 inches of penetration will be shown on the boring log. The soil will be retained in brass rings (2.4 inches in diameter and 1.0 inch in height) and carefully sealed in waterproof plastic containers for shipment to the laboratory. Bulk samples of representative soil types will be collected in plastic bags. Groundwater levels, where encountered in the borings, will be recorded.

The borings will be backfilled with soils/cement cuttings and compacted by pushing down with augers using the drill rig weight. Where asphalt concrete is penetrated, the surface will be patched with cold mixed asphalt concrete. If construction is delayed, we recommend the owner monitor the boring site and backfill any settlement or depression that might occur or provide protection around the area of the boring locations to prevent trip and fall injuries from occurring near the area of any potential settlement.

LABORATORY TESTING
Soil samples obtained during exploratory drilling will be tested in our laboratory to evaluate their physical characteristics and engineering properties. Laboratory testing may include, but will not necessarily be limited to, the following.
t In-place moisture and density
t Wash Sieve
t Soil corrosivity
t R-value
t Sand equivalent
t Laboratory maximum density
t Direct shear

GEOTECHNICAL INVESTIGATION REPORT (GIR)
Data obtained from the exploratory borings and laboratory testing program will be evaluated to prepare a GIR. The content of the report is listed below.
t Project description.
t Description of the surface condition along the
proposed pipe alignments.
t A description of the field procedures used in the
investigation.
t A description of subsurface materials encountered,
including a documentation of the borings and
sampling locations.
t Location of bedrock and groundwater, if encountered.
t Discussion on the laboratory test results.
t Existing pavement section thickness (if encountered) at the boring locations.
t Local and regional geology.
t Geologic/geotechnical map which will include all
boring and geologic conditions.

SCOPE OF WORK

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 8 t Proximity of earthquake faults within the project limits and its impact on the project.
t Seismic coefficient based on 2022 California Building Code.
t Discussion on the secondary effects of earthquakes.
t Allowable soils bearing pressures.
t Allowable lateral earth pressures.
t Geotechnical parameters of pipe design.
t Temporary trench slope stability evaluation and
recommendation
t Shoring design recommendations, if needed.
t Suitability of excavated materials for use as backfill. t Excavatability of the soils.
t Trench backfills recommendations.
t The pavement section is based on the design traffic
index.
t Street subgrade preparation recommendations.

Our cost is based on the following assumptions.
t Borings will be spaced about 1,000 feet apart.
t Boring depth has been assumed 1 5.0 feet bgs. If
refusal is encountered before the planned depth is
reached, the borings will be terminated at that depth.
t The borings will be drilled using a CME 75 or
equivalent rig equipped with an 8-inch diameter
hollow stem auger.
t Access to the project area will be available during
normal weekday working hours at no additional cost
to Converse.
t Traffic Control required during our field investigation will be provided using signs and cones. No Professional Traffic Control is planned.
t Borings will be backfilled with soils/cement mix and
compacted by augers using the drill rig weight. Where
asphalt concrete is penetrated, the surface will be
patched with quickset cement.
t Level D protection will be required during our field
investigation.
t It is understood by both contracting parties that the driller’s work on this project is subject to prevailing wage as defined in Labor Code Sections 1 770-1 780.

PROPOSED SCHEDULE/DELIVERABLES
The field exploration will be conducted within approximately two weeks after receipt of all required permits, subject to driller availability, weather, and other factors beyond Converse’s control. About 10 days will be required to complete the field investigation.

One electronic pdf copy of the geotechnical investigation report will be issued within 10 weeks after the fieldwork is completed. The report will be signed and sealed by a licensed geotechnical engineer and professional geologist in the State of California.

5.1.3 SUBSURFACE UTILITY INVESTIGATION
Completing location of utilities is an important step in the design process. Ardurra will send requests for utility plan information services required for the project with the utility companies list provided by the City and other known utilities in the area. There are many dry utilities that have been constructed in communities that are not part of any known utility service. However most of those facilities are shallow and should not pose a conflict risk. Field investigation of the streets will be completed during this phase of work because those smaller dry utilities are often visible as narrow trench paths and handhold access boxes will also be identified.

5.1.4 ROADWAY REHABILITATION ANALYSIS
Although the main objective of the project is the construction of a sanitary sewer system, the pavement rehabilitation costs can be significant. The existing roadways vary from minimal width asphalt concrete local streets with no curb, gutter or sidewalk, to fully improved multi-lane arterial streets. The condition of the existing roadway surface will also be a factor in determining the required rehabilitation strategy. Therefore, it is important to provide the contractor with detailed, clear rehabilitation methods to address the various existing conditions in order to control the costs for the pavement rehabilitation.

As an optional service Our subconsultant, LaBelle Marvin, will prepare a radar analysis of pavement thickness by driving the associated streets and identifying an appropriate average thickness.

Based on the results of the above pavement analysis, Ardurra will prepare a pavement rehabilitation exhibit for all of the roadways which will identify the recommended strategy to be implemented along each roadway segment. Typical cross- sections will be prepared for each recommended rehabilitation strategy, which may include full width AC pavement
replacement, construction of an asphalt overlay, single lane rehabilitation, or a trench repair with a slurry seal, chip seal, or cape seal application. The pavement rehabilitation exhibit and typical cross-sections will be included with the 30% design submittal.

In lieu of preparation of complete street rehabilitation plans, Ardurra has been successful in the preparation of construction documents that provide the contractor with a pavement
rehabilitation exhibit and typical sections. For full width pavement replacement, the project specifications will include a requirement for the contractor to prepare a pre-construction grade control survey, and then provide the necessary grade staking to reconstruct the roadway surface to its preconstruction

SCOPE OF WORK

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 9 slopes and elevations. The grade control survey will include the existing join elevations at driveways, access ramps, and intersections in addition to cross sections at specific intervals which will include the centerline of the roadway. Replacement of the roadway to the preconstruction conditions will assure the drainage patterns are not altered to create any deficiencies.

In areas of known existing deficiencies, corrective measures can be included in the design. This method can be used for edge of pavement, curb only, or curb and gutter conditions whether the roadway is a typical crowned section or a full tilt section. If the City requests that curb and gutter be added to roadways that do not currently have curb and gutter, this may not be eligible for reimbursement by CWSRF funds, but the City may have other sources such as SB1 or Gas tax funds and as an optional service, Ardurra could design those improvements.

The pavement rehabilitation exhibit combined with the roadway typical sections will also be utilized for the AC overlay, single lane rehabilitation, and the trench repair with slurry seal, chip seal, or cape seal application. For these types of rehabilitation, the grade control survey requirement may not be required, depending on the location of the sewer alignment. The base plans used for the construction of the sewer improvements will be used for quantity take-off purposes to estimate the quantities to be included in the proposal bid sheet of the contract documents.

5.1.5 30% DESIGN & COST OPINIONS
The 30% plan submittal includes progress drawings with
horizontal and draft vertical plans, but no elevations or details will be provided except for standard details from Both Agencies. Utilities will be shown in plan view only from record resources. Prior to any submittal to the City, Ardurra performs their own internal QA/QC process that includes a number of steps where comments are made, responses are prepared, the initial review then sits down with the responder to resolve any differences and changes are made to the plans or reports.

ASSUMPTIONS: It has been assumed that both mobile home
parks currently have one combined septic system and each existing mobile home is already plumbed to the combined septic system and that no individual pipeline will be necessary for the mobile home parks and only the piping from the
combined septic tank to the existing system will be necessary.

If individual connections are required, then significantly more pipeline design will be required and will be an additional services request.

It has been assumed that no pump stations will be required for the project. However, if pump stations are required, it is assumed that they will be a package system with a prefabricated building, no electrical system upgrades are required and that all I&C controls will be handled by Each Agency other than a basic system and an optional fee has been included.

All design work will be completed in AutoCADD Civil 3D, Version 2024.

Cost opinions will be prepared in Excel.

DELIVERABLE(S) : CVWD Sewer Consolidation Project 30%
PS&E, DWA Sewer Consolidation Project 30% PS&E in pdf
format. And 1 print set to the City and to Each Agency (two sets for each project area).

5.2 60% PLAN SUBMITTAL

5.2.1 SUBSURFACE UTILITY LOCATION
Based upon the 30% plan drawings, there may be utilities having a higher potential to require potholing. Since sewer facilities tend to be much deeper then water and dry utilities the number of potential conflicts should be low. However since many of these areas were previously excluded from prior septic to sewer projects, there is a chance that part of the reason they were excluded includes the requirements for upsizing facilities and or known conflicts exist for the upsizing of downstream facilities. We have included an allowance for potholing, but recommend that item be completed on an each basis after preliminary alignments are completed. For estimating purposes 20 potholes were assumed, but that number could significantly decrease or increase depending on the information available from the City and the Agencies.

ASSUMPTION: An allowance of 20 air excavated potholes has been assumed to be required for the projects.

5.2.2 60% PLANS, SPECIFICATIONS & OPINIONS OF

PROBABLE COSTS
Ardurra will prepare the two 60% design submittals, which will include progress drawings, a table of contents for the technical specifications, and an engineer’s opinion of probable costs.

Ardurra will provide the necessary special provisions in Each associated Agency’s format, and prepare the technical specifications using the format and version adopted by the Agency at the time of design. Upon completion of the City’s and Both Agencies’s 60% submittal review, Ardurra will
schedule a meeting with Each Agency’s staff to discuss the review comments in detail and make sure that all comments are addressed, then proceed to the 90% design submittal. The 60% submittals will include draft elevations, details and utilities in the cross section.

DELIVERABLE(S) : CVWD Sewer Consolidation Project 60%
PS&E, DWA Sewer Consolidation Project 60% PS&E in pdf
format. And 1 full size paper print set to the City and to Each Agency (two sets for each project area).

ASSUMPTIONS: Only Technical Specifications will be completed because at this point it is not clear which agency will be managing the construction portion of the work.

SCOPE OF WORK

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 10 5.3 90% PLANS, SPECIFICATIONS, & OPINIONS

OF PROBABLE COSTS
Ardurra will prepare 90% contract documents, technical
specifications, inserts for the general and special provisions, and an updated opinion of probable costs. Ardurra will submit the requested number of copies of the contract documents and opinion of probable costs. Upon completion of the City and Both Agencies’ 90% submittal review, Ardurra will schedule a meeting to discuss final comments with City and Agency staff and make sure that comments are addressed in a timely manner.

DELIVERABLE(S) : CVWD Sewer Consolidation Project 90%
PS&E, DWA Sewer Consolidation Project 90% PS&E in pdf
format. And 1 full size paper print set to the City and to Each Agency (two sets for each project area). Specifications will be provided in MS Word.

ASSUMPTION: Only Technical Specifications will be completed because at this point it is not clear which agency will be managing the construction portion of the work.

5.4 100% PLANS, SPECIFICATIONS, & OPINIONS

OF PROBABLE COSTS
Ardurra will then prepare the 100% plans for submittal review.

Changes in alignment, design criteria, drawing standards, details, or design preference after the 60% submittal may be cause for a change order for additional services.

The final design package will be prepared when Both
Agencies’ comments from the 100% submittal are addressed.

Mylars, signed by a registered professional engineer and at a scale and clarity suitable for half-size reproduction, final specifications with a complete bid schedule, and an opinion of probable construction costs will be submitted. Costs will be based on current construction contracts of similar work, and adjusted for local and regional price indices, such as the ENR-CCI for southern California, and for price fluctuations related to equipment, labor, and materials. Final technical specifications, bid schedule with measurement and payment details, and opinion of probable cost will be submitted in pdf format and electronically in AutoCAD, and Microsoft Word or Excel, as appropriate.

ASSUMPTIONS: Only Technical Specifications will be
completed because at this point it is not clear which agency will be managing the construction portion of the work. The Final Technical specifications will be sealed by a professional. The Measurement and payment details will be provided in one consolidated section due to the anticipated different approach each agency may have in their front end documents.

TASK 6: OPTIONAL SERVICES AND ADDITIONAL

SERVICES ALLOWANCE
For a project of this size and nature, there are always unknowns that cannot be anticipated at this time that require additional time or efforts. Ardurra has included a number of optional services, but also recommends that an authorization allowance of at least 10% be included in the contract award to be utilized only upon written direction of City staff for unknown tasks and services. Some of this may be for tasks that are currently excluded through assumptions or for other unknowns.

SCOPE OF WORK

CITY OF CATHEDRAL CITY
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) 15 PROJECT SCHEDULE

OVERALL PROJECT SCHEDULE
City of Cathedral City
Professional Engineering Design Services for CWSRF Septic to Sewer Planning Project City Project No.: (C01020) | SWB Project No.: (C-06-8696-1 10) ID Task Name Working
Days
Start Finish
1 CWSRF Septic To Sewer Planning Project 92.6 wks Wed 2/5/25 Fri 11/13/26 2 NTP 0 days Wed 2/5/25 Wed 2/5/25
3 Preliminary Design 92.6 wks Wed 2/5/25 Fri 11/13/26
4 Surveying 12 wks Wed 2/5/25 Tue 4/29/25
5 Geotechnical Investigation 25 wks Fri 2/7/25 Thu 7/31/25 6 Project Management 463 days Wed 2/5/25 Fri 11/13/26
7 Coachella Valley Water District (CVWD) Sewer Consolidation Project92.6 wks Wed 2/5/25 Fri 11/13/26 8 Draft Preliminary Engineering Report 83 days Wed 2/5/25 Fri 5/30/25 9 Final Preliminary Engineering Report 8.8 wks Mon 6/2/25 Thu 7/31/25 10 Council Meeting 0 wks Fri 8/1/25 Fri 8/1/25
11 Draft Environmental Documents 8.8 wks Mon 6/2/25 Thu 7/31/25 12 Final Environmental Documents 8.6 wks Fri 8/1/25 Tue 9/30/25 13 Draft Financial Package 16.8 wks Mon 3/31/25 Thu 7/24/25 14 Construction Application 17.4 wks Mon 6/2/25 Tue 9/30/25 15 30% Plans and Specifications 24 wks Fri 8/1/25 Thu 1/15/26 16 City & CVWD Review 4 wks Fri 1/16/26 Thu 2/12/26
17 Council Meeting 0 wks Thu 2/12/26 Thu 2/12/26
18 Potholing 4 wks Fri 1/16/26 Thu 2/12/26
19 60% Plans and Specifications 12 wks Fri 2/13/26 Thu 5/7/26 20 City & CVWD Review 4 wks Fri 5/8/26 Thu 6/4/26
21 Council Meeting 0 wks Thu 6/4/26 Thu 6/4/26
22 90% Plans and Specifications 9 wks Fri 6/5/26 Thu 8/6/26 23 City & CVWD Review 4 wks Fri 8/7/26 Thu 9/3/26
24 Council Meeting 0 wks Thu 9/3/26 Thu 9/3/26
25 100% Plans and Specifications 6 wks Mon 9/7/26 Fri 10/16/26 26 City & CVWD Review 4 wks Mon 10/19/26 Fri 11/13/26
27 Council Meeting 0 wks Fri 11/13/26 Fri 11/13/26
28 Desert Water Agency (DWA) Sewer Consolidation Project92.6 wks Wed 2/5/25 Fri 11/13/26 29 Draft Preliminary Engineering Report 16.6 wks Wed 2/5/25 Sat 5/31/25 30 Final Preliminary Engineering Report 8.8 wks Mon 6/2/25 Thu 7/31/25 31 Council Meeting 0 wks Fri 8/1/25 Fri 8/1/25
32 Draft Environmental Documents 8.8 wks Mon 6/2/25 Thu 7/31/25 33 Final Environmental Documents 8.6 wks Fri 8/1/25 Tue 9/30/25 34 Draft Financial Package 16.8 wks Mon 3/17/25 Thu 7/10/25 35 Construction Application 87 days Mon 6/2/25 Tue 9/30/25 36 30% Plans and Specifications 24 wks Fri 8/1/25 Thu 1/15/26 37 City & CVWD Review 4 wks Fri 1/16/26 Thu 2/12/26
38 Council Meeting 0 wks Thu 2/12/26 Thu 2/12/26
39 Potholing 4 wks Fri 2/13/26 Thu 3/12/26
40 60% Plans and Specifications 12 wks Fri 2/13/26 Thu 5/7/26 41 City & CVWD Review 4 wks Fri 5/8/26 Thu 6/4/26
42 Council Meeting 0 wks Thu 6/4/26 Thu 6/4/26
43 90% Plans and Specifications 9 wks Fri 6/5/26 Thu 8/6/26 44 City & CVWD Review 4 wks Fri 8/7/26 Thu 9/3/26
45 Council Meeting 0 wks Thu 9/3/26 Thu 9/3/26
46 100% Plans and Specifications 6 wks Mon 9/7/26 Fri 10/16/26 47 City & CVWD Review 4 wks Mon 10/19/26 Fri 11/13/26
48 Council Meeting 0 wks Fri 11/13/26 Fri 11/13/26
2/5/2025
8/1/2025
2/12/2026
6/4/2026
9/3/2026
11/13/2026
8/1/2025
2/12/2026
6/4/2026
9/3/2026
11/13/2026

J F M A M J J A S O N D J F M A M J J A S O N D J
Half 1, 2025 Half 2, 2025 Half 1, 2026 Half 2, 2026 Half 1, 2027 Cathedral City
Professional Design Services for
CWSRF Septic to Sewer Planning Project

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Cathedral City City CouncilFebruary 26, 2025

Cathedral City City Council
February 26, 2025