Cities Index.
Agenda packet

Cathedral City City Council
June 25, 2025

Document
Agenda packet
Meeting
June 25, 2025
Body
Cathedral City City Council
Pages
3
Original file
49.7 MB
Text extracted from the city's file for reading and search. Open the original on cathedralcity.primegov.com. That file is the official record.

Quotation
CUSTOMER: SHIP TO:

Cathedral City Fire Department
CA
32100 Desert Vista Way
Cathedral City CA 92234
Cathedral City Fire Department
CA
32100 Desert Vista Way
Cathedral City CA 92234
QUOTATION NO. ISSUED DATE EXPIRATION DATE
345808 05/23/2025 06/22/2025

SALESPERSON CUSTOMER SERVICE REP
Tracy Rabe
[email protected]
909-679-7062
Tyler Dennison
[email protected]
385-414-1492
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Brodie Trayer C32884 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
FTSP Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. The SDS is provided with the product. In addition, manufacturer's safety and/or warning notices, instructions and information relating to the proper use and care of the product is provided with the product. All applicable SDS, safety and/or warning notices, instructions and other information provided with the product should be thoroughly read, reviewed, and understood prior to handling, distributing, using, reselling, or servicing any and all products provided by Curtis. Materials utilized to clean, repair, maintain and/or service your owned equipment, as well as Curtis owned equipment, may contain per-and poly¯uoroalkyl substances (PFAS) to meet national standards or original equipment manufacturer speci®cations. For other important product notices and warnings, or to request an SDS, product speci®cations, manufacturer's safety notices, instructions and/or warning notices, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 1 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:

C-E4-10-A6-E3C
Arctic Compressor E4-10A6E3 WITH
CO MONITOR, 4 STAGE, 6000 PS, 10
HP ,14 CFM
, 3 PHASE ELECTRIC

MOTOR, SOUND SUPPRESSING
CABINET. INCLUDES FILTER
SYSTEM TO PROCESS 24,000 CU
FT., MAGNETIC STARTER, AUTO

DRAIN SYSTEM, GAUGE PANEL,

HIGH PRESSURE SWITCH AND

ELECTRONIC CO MONITOR
Compressor Start-up Included.
$35,318.99 $35,318.99
2 1 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:

A-S5000
Low Oil Level Switch Component
$394.93 $394.93
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com

Page 2 of 3 ends

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 3 1 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:

A-S1300
Add High Temp Switch
$239.59 $239.59
4 2 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:

A-H1000-0120
Hose 120"(10ft)7000 PSI w/ends
$129.09 $258.18
5 1 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:

C-FS3PA55
TRPL FILL PNEU CASCADE 5500PSI
Pneumatic Auto-Cascade
$18,706.77 $18,706.77
6 4 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:

C-ASME-6500
6500 PSI ASME CYL ASSEMBL Y relief
valve, drain valve, and
shut off valve.
$5,762.68 $23,050.72
7 8 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:

P-2510107

ASME CYLINDER CLAMP (SET)
$49.85 $398.80
8 1 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:

SC-4IL-CYLRACK
UNI INLINE 4 CYL RACK ASSY
$1,675.81 $1,675.81
9 1 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:

EXD-ACE-SILVER
ACE Silver Extended Warranty
5 YEARS OR 1000 HOURS
*FOR BREATHING-AIR
APPLICATIONS**
$903.80 $903.80
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com

Page 3 of 3 ends

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 10 1 EA CURTIS SERVICE
NC
Labor Only, Non Contract, As Below:

REMOVAL OF OLD MAKO

COMPRESSOR
$2,000.00 $2,000.00
Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing generally remains ®rm until 06/22/2025. Pricing is subject to change if product is affected by the implementation of a tariff. Contact us for updated pricing after this date.

Due to market volatility, global supply chain pressures, and supply shortages, we recommend contacting your local L.N. Curtis and sons of®ce prior to placing your order to con®rm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-speci®c prices, terms, and conditions.

Subtotal $82,947.59
Estimated Tax Total $7,487.65
Transportation $1,450.00
Total $91,885.24
View Terms of Sale and Return Policy
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com

Page 1 of 2 ends

REMIT PAYMENT TO:

L.N. Curtis and sons
P .O. Box 884921
Los Angeles, CA 90088-4921
Invoice
SOLD TO: SHIP TO:

Cathedral City Fire Department CA
32100 Desert Vista Way
Cathedral City CA 92234
Cathedral City Fire Department CA
32100 Desert Vista Way
Cathedral City CA 92234
INVOICE NO. INVOICE DATE
PINV997568 05/21/2025

DATE DUE TOTAL
06/20/2025 $85,663.66
CUST ORDER/PO NO. ORDERING PARTY CUSTOMER NO. CUSTOMER SERVICE REP ORDER CLASS BRODIE TRAYER Brodie Trayer C32884 Ken Perry FR

ACCOUNTING INSTRUCTIONS
Email invoices to: [email protected]

NOTES & DISCLAIMERS
Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. The SDS is provided with the product. In addition, manufacturer's safety and/or warning notices, instructions and information relating to the proper use and care of the product is provided with the product. All applicable SDS, safety and/or warning notices, instructions and other information provided with the product should be thoroughly read, reviewed, and understood prior to handling, distributing, using, reselling, or servicing any and all products provided by Curtis. Materials utilized to clean, repair, maintain and/or service your owned equipment, as well as Curtis owned equipment, may contain per-and poly¯uoroalkyl substances (PFAS) to meet national standards or original equipment manufacturer speci®cations. For other important product notices and warnings, or to request an SDS, product speci®cations, manufacturer's safety notices, instructions and/or warning notices, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 1 1 EA ARCTIC COMPRESSOR
CUSTOM
* As Below:

C-O410A6E3SHPA1C
Arctic Compressor OF 4 STG 10HP 3PH 1LBF W
CO OPEN FRAME,4 STAGE, TRIPLE
PHASE 10 hp

ELECTRIC MOTOR, MAGNETIC

STARTER, HOUR METER, PRESSURE
SWITCH, AUTO DRAIN, 1 LB

FILTER AND ELECTRONIC CO
MONITOR.

Compressor Start-up Included.
$31,911.32 $31,911.32
2 1 EA ARCTIC COMPRESSOR
CUSTOM
* As Below:

A-S5000
Arctic Compressor Low Oil Level Switch Component
$394.93 $394.93
3 1 EA ARCTIC COMPRESSOR
CUSTOM
* As Below:

A-S1300
Arctic Compressor Add High Temp Switch
$239.59 $239.59
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com

Page 2 of 2 ends

LN QTY UNIT PART NUMBER DESCRIPTION UNIT PRICE TOTAL PRICE 4 2 EA ARCTIC COMPRESSOR
CUSTOM
* As Below:

A-H1000-0120
Arctic Compressor Hose 120"(10ft)7000 PSI w/ends
$129.09 $258.18
5 1 EA ARCTIC COMPRESSOR
CUSTOM
* As Below:

C-FS3PA55
Arctic Compressor TRPL FILL PNEU CASCADE
5500PSI Pneumatic Auto-Cascade
$18,250.29 $18,250.29
6 4 EA ARCTIC COMPRESSOR
CUSTOM
* As Below:

C-ASME-6500
Arctic Compressor 6500 PSI ASME CYL
ASSEMBL Y relief valve, drain valve, and
shut off valve.
$5,762.68 $23,050.72
7 8 EA ARCTIC COMPRESSOR
CUSTOM
* As Below:

P-2510107
Arctic Compressor ASME CYLINDER CLAMP (SET)
$49.85 $398.80
8 1 EA ARCTIC COMPRESSOR
CUSTOM
* As Below:

SC-4IL-CYLRACK
Arctic Compressor UNI INLINE 4 CYL RACK ASSY
$1,675.81 $1,675.81
9 1 EA ARCTIC COMPRESSOR
CUSTOM
* As Below:

EXD-ACE-SILVER
Arctic Compressor ACE Silver Extended Warranty
5 YEARS OR 1000 HOURS
*FOR BREATHING-AIR
APPLICATIONS**
$903.80 $903.80
TERMS NET 30
Service charge 1.5% per month added after 30 days Subtotal $77,083.44 Tax Total $7,130.22
Transportation $1,450.00
Amount Due $85,663.66
Staff Report
City Council
Stem No. 4.M
Meeting Date: June 25, 2025
From: Kevin Biersack, Financial Services Director
Title: Award Agreement for Landscape Maintenance and Support services RECOMMENDATION:

To approve the maintenance services agreement for landscape maintenance and support services; and authorize the City Manager to execute the maintenance agreement with PS Tree Service.

BACKGROUND:

Facilities and Public Works Maintenance oversee a variety of maintenance projects, including landscape upkeep and litter abatement. To ensure cost-effective and efficient service delivery, the city supplements its workforce by utilizing contractors. The City of Cathedral City issued a request for proposals (RFP) seeking an experienced and qualified landscape maintenance contractor for the maintenance of the following City owned properties:
•Cathedral City Civic Center
•Cathedral City Parking Structure
•Town Square Park
•Festival Lawn, including the land in front of CVRep
•Cathedral City Amphitheatre
•Bell Tower
•Fire Station 411, 410/412 and 413
The scope of services consists of furnishing all labor, materials, equipment, tools, machinery, supervision and all utility and transportation services required to provide the following services:
•Plant Litter and Trash Control
•Pest Control
•Weed Control
•Plant Maintenance
•Tree Maintenance
•Turf Maintenance – General
•Turf Maintenance – Overseeding
•Hardscape, and Decomposed Granite (DG) Planter Areas
•Irrigation System Maintenance
The scope of service also included a request to provide additional support services for projects such as but not limited to removal of blow sand, spreading compost/mulch, large vegetation removal from homeless encampments, as needed maintenance services for areas such as medians, parkways, spillways and retention basins.

DISCUSSION:

On March 27, 2025, the City issued an RFP for Landscape Maintenance & Support Services.

The RFP was posted on the city’s website as well as sent to seven (7) potential vendors from our internal vendor list.

Contractors were provided until May 15, 2025, to submit proposals. All interested contractors were required to attend a mandatory pre-proposal meeting. Contractors were asked to provide a technical proposal that included information on the contractor’s experience/technical competence, firm staffing/key personnel and proposed methods to accomplish the work. Contractors were asked to provide the cost proposals in a separate, sealed envelope.

All proposals were reviewed by a panel consisting of three members of the Facilities and Public Works Maintenance staff. Each proposal was evaluated based on the following criteria outlined in the RFP:

1. Experience, references, and past performance under a similar scope of services.

2. Cost to perform the required services stated in the scope of services, Exhibit “A” and identified in the contractor fee schedule.

3. Contractor capabilities as related to the requirements in the scope of services.

The evaluation committee scored each proposal on a scale of 1 - 100. The average scores were as follows:

Contractor / Business Location Score
PS Tree Service / Cathedral City 86.79
Urban Habitat / Palm Desert 79.21
Kirkpatrick / Indio 74.84
Mariposa / Irwindale & Bermuda Dunes 74.33
Universal Green / Desert Hot Springs 72.12
Orozco / Pomona 63.05
PS Tree Service & Maintenance (PS Tree) received the highest average evaluation score of

86.79. The review committee determined PS Tree’s proposed approach to fulfilling the scope of services, combined with its cost proposal, offered the best overall value.

FISCAL IMPACT:

Landscape maintenance is currently budgeted under the Facilities division’s maintenance and operation account (100-400-480-481-8300-8301) and is included in the City’s FY 2025-26 and FY 2026-27 Biennial Budget. PS Tree Service’s proposed budget for monthly services does not exceed the current budgeted amounts.

Support services have been included in the City’s FY 2025-26 and FY 2026-27 Biennial Budgets for the various locations. City staff will negotiate task orders for each required support service based on the hourly rate outlined in the agreements. The total costs and funding sources for each task order will be identified as they are issued. If a task order exceeds the Facilities or Public Works Maintenance purchasing guidelines, City Management authorization and/or City Council approval will be obtained prior to the issuance of a notice to proceed.

FIVE-YEAR STRATEGIC PLAN:

Goal C: Fiscal Stability and Sustainability
Action C-2: Develop an inventory of contract services that are due for bid and request for proposals.

ATTACHMENTS:

1. Proposal Evaluation Summary

2. PS Tree Service Maintenance Agreement
Proposal Graders Average 1 2 3
1 Facilities Manager Urban Habitat 79.21 78.2 91.2 68.22 2 2 Engineering Inspector Universal Green 72.12 68.48 72.4 75.48 5 3 PW Manager PS Tree 86.79 82.49 92.4 85.49 1
Orozco 63.05 57.07 66 66.07 6
Mariposa 74.33 60 85 78 4
Kirkpatrick 74.84 69.86 79.8 74.86 3
Points Price 1 2 3 Average

18.22 10,618.00 59.98 72.98 50.00 60.98 2

15.48 12,500.00 53.00 56.92 60.00 56.64 4

17.49 11,062.00 65.00 74.91 68.00 69.30 1

14.07 13,750.00 43.00 51.93 52.00 48.97 6

20.00 9,675.00 40.00 65.00 58.00 54.33 5

15.86 12,200.00 54.00 63.94 59.00 58.98 3
No reference to trash service & Overseeding not included.

Landscape approach confusing
Only onsite 2 days a week for trash in townsquare & 1 day a week at fire stations Additional charge for seed + no details how to address irrigation issues between service days Unclear method of work - No reference to fire stations - Unclear how many people to perform work & how often No other work in the valley and tree trimming not local Negative previous experience: Non-responsive, change orders to offset low cost, low quality of work Only mowing once a week - does not mention irrigation - only 2x weekly for trash No rates for heavy equipment
Staffing is unclear
Mowing only once a week & service only Tuesday & Thursday No mention of irrigation
On site everyday & local vendor
service details were stated clearly & addresses any extra work that may be needed Total Average Score
Mariposa
Technical Scores
Orozco
Urban Habitat
Universal Green
PS Tree
Orozco
Vendors
Urban Habitat
PS Tree
Comments
Landscape Maintenance & Support Services Proposal Grading Mariposa
Orozco
Kirkpatrick
Universal Green
Kirkpatrick
Urban Habitat
Landscape Services
Cost Scores
Kirkpatrick
Mariposa
PS Tree
Universal Green

4848-7813-0734 v2

AGREEMENT FOR MAINTENANCE SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND

PS TREE SERVICE & MAINTENANCE

This Agreement for Maintenance Services (“Agreement”) is entered into as of _July 1st, 2025 (“Effective Date”) between the City of Cathedral City, a municipal corporation (“ City”) and PS Tree Service & Maintenance, a company (“Contractor”) (collectively the “Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES

1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for two (2) years commencing on the Effective Date (“ Term”), with the option to extend the agreement for two (2) years, in one (1) year increments.

1.2 Contractor Services . Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“ Services”).

Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City.

Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.

1.3 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work ”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section

9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.

1.4 Schedule of Performance . Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“ Schedule of Performance ”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.

1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non -conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

4848-7813-0734 v2

1.6 Repair of Defects . Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one -year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require verifying that any corrective actions are adequate to remedy the defective condition. In the event the Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non -conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:

Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids
Instructions to Bidders, and any documents referenced therein Bid Forms (including Contractor’s Bid Schedule)
Payment and Performance Bonds, if required

The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation. City shall pay to Contractor for non -disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

4848-7813-0734 v2

2.2 Payment of Compensation . Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for S ervices performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor . Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City.

Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees.

Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services .

Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services . If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.

3.2 Standard of Care and Licenses . Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.3 Required Corrections . Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.

3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law.

Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary

4848-7813-0734 v2
precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.6 Labor Code and Prevailing Wage Requirements.

3.6.1 Apprenticeable Crafts. To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 Hours of Work . Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 Payroll Records . In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.

3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“ Prevailing Wage Laws ”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.

3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant , in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the 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, of any person, except as provided under California Government Code section 12940.

SECTION 4. INDEMNIFICATION

4.1 Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any

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payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non -binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses . For purposes of this Agreement, “Costs and Expenses ” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4 Hazardous Substances . For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq. ; the Clean Water Act, 33 U.S.C. §1251, et seq .; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq .; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq .; the Hazardous Substance Account Act, H.&S.C.§25330, et seq .; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq .; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq. ; the Carpenter -Presley- Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq .; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq .; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq .; the Porter -Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

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SECTION 5. RECORDS AND DOCUMENTS

5.1 Accounting Records.

5.1.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

5.1.2 Inspection and Copying . Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

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

SECTION 6. INSURANCE

6.1 Maintenance of Insurance . Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

6.3 Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

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SECTION 7. BONDS

7.1 Performance and Payment Bonds . If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

7.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California - admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION.

8.1 Termination by City . City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non -disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

8.2 Termination by Contractor . Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty -five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or

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transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3 Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non -performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, repr esent a reasonable estimate of the monetary damages that reasonably could be anticipated, and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election. deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.

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

9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.

9.6 Governing Law. 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. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.

9.7 Integration. This Agreement, including the attached Exhibits “A” through “F”, 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 Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.

9.8 Severability. If a 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).

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9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and 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 amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

9.11 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

9.12 Delivery Of Notices . All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose.

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

9.14 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 or 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 Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Attorney’s 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 and Costs and Expenses, in addition to any other relief to which it may be entitled.

9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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

9.19 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

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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. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor 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.

9.20 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 9.10 [Amendment] and the City Manager’s contracting authority under the Cathedral City Municipal Code.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF CATHEDRAL CITY CONTRACTOR:

________________________________ ______________________________ Charles P. McClendon, City Manager By: Jack Diaz
Its: Owner
ATTEST:
______________________________
By: __________________________

________________________________ Its: __________________________ Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:

________________________________
Eric S. Vail, City Attorney

EXHIBIT “A”

SCOPE OF SERVICES

Plant Litter and Trash Control

1. Contractor shall remove and appropriately dispose of all plant litter (broken branches, broken limbs, excessive leaf -drop); trash and/or paper, cans, bottles, broken glass; dog droppings and any other out -of-place or discarded items twice per week. Plant litter includes plant debris caused by extreme temperatures or high winds.

2. Where trash cans and/or doggy stations are present, Contractor shall remove and dispose of their contents and replace the liners (City -provided trash bags) twice per week. Contractor shall wipe surfaces clean.

Pest Control

1. Gophers and Ground Squirrel control will be performed on an as -needed basis as recommended by Contractor and approved by City utilizing City-approved traps.

2. Ants, including fire ants, will be controlled on an as -needed basis as recommended by Contractor and approved by City.

3. Contractor shall immediately report any bee activity (swarms or hives) detected. Bee removal is the responsibility of City

4. Any other pest removal or relocation will be managed by contractor but City must be advised prior to eradication and participate in the best removal or relocation methods for pests.

5. City will require from Contractor all Material Safety Data Sheets, pesticide labels, and Pesticide Control Advisor recommendations for all pesticide applications performed.

Weed Control

1. Contractor shall provide monthly control and/or eradication of all weeds.

2. Areas to be weeded include planters, gravel and decomposed granite areas, sidewalks, curbs, expansion joints, fence lines, drainage areas, cobble areas, bare areas, and the area around trees.

3. Mechanical and/or chemical methods of weed control are acceptable for annual and perennial weeds except for Bermuda grass, nutsedge, and bindweed, which shall be controlled by chemical means only.

4. Contractor shall remove any debris generated by the weed control process after weeds have been sprayed and plant death has occurred.

5. Weeds in turf areas will be managed on an as-needed basis.

6. City will require from Contractor all Material Safety Data Sheets on chemicals and methods to remove weeds and provide weed control.

Plant Maintenance

1. All plant material in the public right -of-way shall be maintained behind the curb line and/or sidewalk to allow for the safe passage of vehicles, pedestrians and/or the general public.

2. Dead flower stalks shall be pruned from plants at the conclusion of flowering. If plants (such as agaves) die after flowering, Contractor will remove the entire plant and, if needed, shall repair the irrigation and backfill the hole. There shall be no dead blossoms, stalks, branches or foliage left on an otherwise healthy plant, unless otherwise directed by City and/or the contract documents. If offshoots are present, they will be left in place and irrigation will be adjusted to ensure adequate water supply to the offshoots.

3. Dead or weather-damaged plant material shall be pruned or removed under direction and notification from the City.

4. Contractor shall perform pruning to maintain the size and density of all shrubs and groundcovers at the time contract awarded.

Tree Maintenance

1. All tree pruning shall be consistent with the current and applicable International Society of Arboriculture (ISA) guidelines and the American National Standards Institute (ANSI) standards.

2. Contractor shall perform safety and sucker pruning on all trees (excluding palms) fifteen feet in height and under. Contractor shall prune fronds, flowers, and seed pods on all palms that have six feet of brown trunk or less. Palm Trees shall be trimmed annually, May 15 through June 15, when the flower stalks have developed, but before flowering has occurred.

3. Tree branches shall be pruned as needed for traffic and pedestrian safety. Sidewalk clearance will be eight (8) feet and vehicular clearance is fourteen (14) feet from grade.

Trees must be maintained at seven (7) feet from playground equipment. It's expected that any broken, dead or detached limb is considered a hazard and shall be removed automatically by Contractor during normal maintenance schedule or upon notice from City, Contractor must remove such limbs by close of business the same day.

4. Trees broken or damaged as a direct result of storm, wind, accident, vandalism or structural failure shall be pruned and/or removed, upon City's request to Contractor, within 24 hours of notification and shall be an extra to this contract. Any debris blocking roadways or parking areas shall be removed within one hour of notification to Contractor.

Replacement of trees and plants caused by reasons not related to contractual maintenance shall be reimbursable as an extra cost.

Turf Maintenance - General

1. All turf areas must be mowed weekly in a manner that provides for the adequate and safe use of each facility for its intended purpose.

2. Bermuda grass will be mowed at ¾" height during the active-growth period.

3. Rye grass will be mowed at 1" height starting with its first cut after overseeding and continuing until spring when the Bermuda grass becomes active.

4. Detailing and edging of turf shall include chemical and/or mechanical detailing using a string trimmer or an edger around buildings, sidewalks, mow strips, paved areas, valve boxes, goal posts, light fixtures, fence lines, walls, along infield edges, behind backstops, drainage areas, and bare areas in planters. An edger shall be used on but not be limited to hardscape areas such as sidewalks or mow strips. All other areas may use an edger or string trimmer as appropriate and as approved by City.

5. Contractor shall provide the labor and equipment for the application of fertilizers and fertilizers with pre -emergent. Contractor will provide fertilizer with pre -emergent and City will reimburse Contractor at "cost plus 15%." Contractor shall apply irrigation immediately following any fertilizer application to effectively wash the product into the soil.

6. At the request of the City, mechanical core aeration shall be performed to a minimum depth of four inches (4"). Cores may be swept or mowed and dispersed during mowing operations.

Turf Maintenance - Overseeding

1. Turf areas designated for overseeding will be indicated in the Frequency Schedule. City will provide specific dates and times for overseeding scheduled based on the use of each facility.

2. Contractor shall begin lowering the height of the turf during the scheduled weekly mowing approximately three weeks before the final cut. One week before the final cut, City will reduce irrigation to the minimum in the turf areas. Contractor shall mow turf to a height of one-half inch (1/2") and mower blades shall not be allowed to disturb the soil.

3. All grass clippings generated from this process will be vacuumed, swept or raked after each cut.

4. A light irrigation syringe cycle will be applied before the final cut to keep the dust levels to a minimum (per Coachella Valley Association of Governments guidelines).

5. Actual dates for the final mowing will be determined by the City. Mowing activities will vary due to scheduled use and the actual mowing height needed to ensure seed - to-soil contact. Contractor may need to adjust work schedule to ensure all work is completed during normal work hours as identified in Section 2 Hours of Work on pages 42 and 43.

6. Contractor shall supply grass seeds and will be reimbursed at cost plus 15%. The application rate for the seed shall be no less than 8 pounds per 1,000 square feet.

Hardscape, and Decomposed Granite (DG) Planter Areas

1. Contractor shall remove any sand, gravel, grass, and plant clippings or debris from all sidewalk and hardscape areas after all maintenance activities.

2. Sidewalk cleaning shall consist of removing debris from sidewalks by blowing or sweeping.

3. Contractor shall rake underneath and around all planter areas keeping them free of debris, trash, leaves, etc. Slope areas are to be raked horizontally and not from top to bottom. If existing grade is adversely affected by raking activities, Contractor shall re - establish an appropriate grade to the satisfaction of City.

4. Using pressure-wash equipment at a minimum pressure rating of 3000 PSI, Contractor shall pressure-wash monuments and signs, sidewalks, curbs, gutters, drains, benches, drinking fountains and miscellaneous hardscape fixtures as necessary. Any damage created by Contractor through pressure -washing shall be the sole and financial responsibility of Contractor.

5. Contractor shall remove litter and debris obstructing spillways and their associated drain grates.

Irrigation System Maintenance

1. The operation, maintenance, and scheduling of all irrigation controllers and sensors shall be the responsibility of the Contractor.

2. All irrigation systems and their individual components shall be kept in adjustment to ensure proper water coverage and prevent unacceptable conditions such as insufficient water distribution (plant death), overspray, excessive runoff, and erosion.

3. Repairs or replacements to the irrigation system shall be made with exact parts unless otherwise authorized by the City.

4. Contractual irrigation system maintenance includes all labor for system inspections, adjustments, and repairs for all system components from the discharge side of the valve including all actuators. Contractual irrigation system maintenance from the valve to the point of connection at the water meter consists of inspections, any repair work will be considered extra work and paid accordingly. Adjustments and repairs shall include:
a. Valves: electrically actuated irrigation control valves, quick coupler valves, end line flush valves, lateral line flush valves, and master valves. All valves will be checked for proper operation, leaks, and solenoid function and connections (where applicable). Automatic valves will be activated from the irrigation controller, not from the bleeder valve.
b. The electrical circuit from the irrigation controller to the valve will be checked for proper operation.
c. Filter and filter screen cleaning.
d. Lateral lines will be checked for breaks and leaks and will be flushed at least yearly and additionally when necessary to ensure proper system performance. e. Emission device checks, adjustments, and repairs shall include sprinkler head height adjustment; nozzle spray pattern adjustment; nozzle cleaning and replacement; bubbler head height adjustment, cleaning, and replacement; tree well repair; and drip emitter cleaning, replacement, and removal and plugging if no plant is present.

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5. Non-contractual irrigation system repairs:
a. No non-contractual work will be initiated without an approved City Work Order. b. When irrigation system malfunction or damage is detected, the repair of which is non -contractual in nature, Contractor will flag the location and notify City before close of the same workday.
c. Upon receipt of an approved City Work Order, repairs to a non -operational and/or damaged irrigation system shall be completed within 24 hours, or as otherwise indicated on the Work Order.
d. All repairs deemed non-contractual will be paid on a time-and-materials basis. e. Labor will be billed per the rates under the Performance of Extra Work heading.
f. Materials will be billed at "cost plus 15%" or, at City's discretion, materials will be supplied to Contractor by City.

6. Contractor shall maintain an adequate supply of irrigation parts readily available to Contractor's irrigation technician for making routine repairs of lateral lines one inch in diameter and smaller without leaving the irrigation site.

7. Contractor shall return to City all irrigation parts that have been replaced.

8. City will perform regular inspections of irrigation systems to ensure accuracy of Contractor's irrigation reports. If discrepancies are found, City shall consider this performance deficiency.

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EXHIBIT “B”

Additional Work

Performance of Extra Work

1. Contractor shall not perform extra work without City authorization.

Authorization shall be in writing, on a completed City Work Request Form, and signed by an authorized City representative.

2. Additional Work labor shall be paid at the hourly rate listed on the Additional Work Pricing Schedule unless otherwise agreed upon.

3. Additional Work materials shall be paid at the rate of "cost plus 15% mark-up."

4. Invoicing for Additional Work shall include an itemized invoice describing the unit cost and/or labor hours at the contract rate, materials costs, and copies of materials invoices from the supplier(s).

Support Services
Additional support services may include but are not limited to, removal of blow sand, spreading mulch, large vegetation removal, as needed maintenance services for areas like medians, parkway or spillway projects etc.

Additional support services will be billed at the hourly rate provided.

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EXHIBIT “C”

COMPENSATION

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EXHIBIT “D”

REPRESENTATIVES

CITY’S REPRESENTATIVE
City of Cathedral City
Facilities
Attn: Edward Moore
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
Phone: (760) 202-2437
Fax: (760) 328-8622
Email Address: [email protected]

City of Cathedral City
Public Works
Attn: Deanna Pressgrove
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
Phone: (760) 770-0369
Fax: (760) 328-8622
Email Address: [email protected]

City of Cathedral City
Finance
Attn: Patrick Bumstead
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
Phone: (760) 202-2475
Fax: (760) 328-8622
Email Address: [email protected]

CONTRACTOR’S REPRESENTATIVE

PS Tree Service & Maintenance
31485 Avenida Juarez
Cathedral City, CA 92234
Contact: Jack Diaz
Phone: 760-321-2544

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EXHIBIT “E”

BONDS REQUIRED

No Bond Required

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EXHIBIT “F”

INSURANCE REQUIREMENTS FOR CITY OF CATHEDRAL CITY

The City requires a certificate of insurance, including an underwriter’s endorsement, prior to commencement of the Services.

The insurance policies are to include additional endorsements that contain the following provisions:

1. That the City of Cathedral City and its respective elected officials, officers, employees, agents and representatives are additional insureds under the policy;

2. The policies are primary and non -contributory to any insurance that may be carried by City;

3. The City is entitled to thirty (30) days’ prior written notice of cancellation, material reduction, or non-renewal of the policy or policies.

4. The insurance shall be carried only by responsible insurance companies that have rated “A -” and “V” or better by the A.M. Best Key Rating Guide, that are licensed to do business in the State of California. City will accept insurance provided by non -admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000).

X Workers’ Compensation Insurance: For all of Contractor’s employees who will provide Services under this Agreement and to the extent required by applicable state or federal law, Contractor shall keep in full force and effect a Workers’

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Compensation policy that includes a minimum of one million dollars ($1,000,000) o f employers’ liability coverage. Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim.

Staff Report
City Council
Item No. 4.N
Meeting Date: June 25, 2025
From: Kevin Biersack, Financial Services Director
Title: Award Maintenance Agreement for Janitorial Services RECOMMENDATION:

To approve the maintenance services agreement for janitorial services; and, authorize the City Manager to execute the maintenance agreement with APEX Team Solutions.

BACKGROUND:

The Facilities Department oversees janitorial services for City Hall, Police Department, and the Fire Administration offices at Fire Station (FS) 410. To ensure cost-effective and efficient janitorial services, staff issued a request for proposals (RFP) seeking qualified professional janitorial companies to submit proposals to provide the City with janitorial staff for City Hall, Police Department, and fire station 410. The RFP was posted on the City website and distributed to six (6) potential vendors from our internal vendor list including the current contractor, All Desert Blue.

The RFP schedule included the following key dates:

- Deadline to receive questions from prospective submitters: March 12, 2025 - Posting answers to unique questions to the City website: March 20, 2025 - Proposal submission deadline: April 14, 2025, by 4:30 pm The scope of service included in the RFP consists of furnishing all labor, materials, equipment, tools, supervision, and all utility and transportation services required to provide the following services for City Hall, Police Department, and FS 410. •Empty and clean all waste baskets and replace vinyl liners. •Clean and sanitize all restrooms and refill restroom dispensers. •Dust and wet mop all entry tiles on 1st floor.
•Clean all entrance door glass.
•Vacuum all carpets on 1st, 2nd, and 3rd floors including executives’ offices (if door is open).
•Dust ledges.
•Clean mail room and training room.
•Additional quarterly services included in the scope of services in the RFP and contract.

DISCUSSION:

Companies were asked to provide cost proposals that included all janitorial services listed in the scope of work in a separate, sealed envelope, all per state and federal proposal submittal/review requirements.

All proposals were evaluated by a panel consisting of three members, including the Facilities manager, a facilities maintenance worker, and a representative from Desert Recreation District. The panel noted that all companies provided proposals that were responsive, qualified and knowledgeable about the requirements related to janitorial services for City Hall, Police Department, and FS 410. The rating summary of the panel’s review is attached.

Each proposal was evaluated based on the following criteria as outlined in the RFP:

1. Ability of the firm to perform the specific tasks outlined in the request for proposals based on the descriptions as submitted in the scope of work.

2. Qualifications of specific individuals who will be significantly involved in the janitorial services.

3. Degree of responsiveness regarding the contractor addressing the items listed in the request for proposals.

4. Cost proposal provided.

Financial Services received six (6) separate proposals in response to our RFP for janitorial services. The names of the companies who submitted proposals is listed below. The evaluation committee scored each proposal on a scale of 1-100. The scores were as follows:

Contractor Score
APEX Team Solutions 90.00
Merchants B.M. 86.29
All Desert Blue 80.98
Premier Property Preservation 79.89
Coachella Maids 77.27
JV Sitework 59.14
The evaluation committee felt it best to reach out to Jonco, APEX Team Solutions, referred to as APEX Team Solutions, and Merchants B.M. to ask both for their best and final cost offer to obtain the best cost value. In the end, the committee found that APEX Team Solutions demonstrated superior qualifications and experience, selecting them as the chosen vendor to move forward with for our janitorial services for City Hall, Police Department, and FS 410.

With a monthly cost of $10,325 and no longer having to pay for janitorial supplies ($400 monthly cost), the monthly cost savings is projected to be $150/month, $1,800/year.

FISCAL IMPACT:

Janitorial Services are currently budgeted under the facilities division’s maintenance and operation account (100-400-480-481-8300-8301) and are included in the City’s FY 2025- 26 and FY 2026-27 Biennial Budges. APEX Team Solution’s proposed budget for monthly services is within the current budgeted amounts.

FIVE-YEAR STRATEGIC PLAN:

Goal C: Fiscal Stability and Sustainability
TAction C-2: Develop an inventory of contract services that are due for bid and request proposals.

ATTACHMENTS:

1. Proposal Evaluation Summary

2. APEX Team Solutions, Inc. Maintenance Agreement
Proposal Graders Average 1 2 3
1 Facilities Manager APEX Team Solutions 90.00 86 89 95 1 2 Facilities maintenance Worker Merchants B.M. 86.29 66.29 94.29 98.29 2 3 Desert Rec. Representative All Desert Blue 80.98 78.65 71.65 92.65 3 Premier Property Preservation79.89 64.22 82.22 93.22 4
Coachella Maids 77.27 65.94 72.94 92.94 5
JV Sitework 59.14 57.81 70.81 48.81 6
Points Price 1 2 3 Average
30 10,325.00 APEX Team Solutions 56 59 65 60.00 1

28.29 10,949.52 Merchants B.M. 38.00 66.00 70.00 58.00 2

25.65 12,075.00 All Desert Blue 53.00 46.00 67.00 55.33 4

23.22 13,339.10 Property
Preservatio 41.00 59.00 70.00 56.67 3

22.94 13,500.00 Coachella Maids 43.00 50.00 70.00 54.33 5

18.81 16,469.97 JV Sitework 39.00 52.00 30.00 40.34 6JV Sitework APEX Team Solutions
Janitorial Services
Cost Scores
Janitorial Proposal Grading
Vendors
Coachella Maids
All Desert Blue
Merchants B.M.

Total Average Score
Technical Scores
Premier Property
Preservation

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AGREEMENT FOR JANITORIAL MAINTENANCE SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
APEX TEAM SOLUTIONS, INC.

This Agreement for Janitorial Maintenance Services (“ Agreement”) is entered into as of July 1st, 2025 (“Effective Date”) between the City of Cathedral City, a municipal corporation (“ City”) and Apex Team Solutions, a Corporation (“Contractor”) (collectively the “ Parties”). In consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES

1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for one (1) year commencing on the Effective Date (“ Term”), with the option to extend the agreement for one (1) additional year.

1.2 Contractor Services . Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those services specified in the Scope of Services attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“ Services”).

Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City.

Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.

1.3 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work ”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section

9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.

1.4 Schedule of Performance . Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“ Schedule of Performance ”). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.

1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non -conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

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1.6 Repair of Defects . Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one -year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require verifying that any corrective actions are adequate to remedy the defective condition. In the event the Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non -conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“ Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement by reference:

Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids
Instructions to Bidders, and any documents referenced therein Bid Forms (including Contractor’s Bid Schedule)
Payment and Performance Bonds, if required

The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation. City shall pay to Contractor for non -disputed Services rendered the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or “not to exceed” amount set forth in Exhibit “C,” without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

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2.2 Payment of Compensation . Contractor shall submit periodic (monthly or quarterly as specified in Exhibit “C”) invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for S ervices performed or expenses incurred as of the date of the invoice. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor . Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City.

Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees.

Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services .

Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services . If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.

3.2 Standard of Care and Licenses . Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.3 Required Corrections . Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.

3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law.

Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary

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precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.6 Labor Code and Prevailing Wage Requirements.

3.6.1 Apprenticeable Crafts. To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 Hours of Work . Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 Payroll Records . In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.

3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“ Prevailing Wage Laws ”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.

3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant , in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the 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, of any person, except as provided under California Government Code section 12940.

SECTION 4. INDEMNIFICATION

4.1 Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any

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payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court -ordered, binding, or non -binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses . For purposes of this Agreement, “Costs and Expenses ” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4 Hazardous Substances . For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq. ; the Clean Water Act, 33 U.S.C. §1251, et seq .; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq .; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq .; the Hazardous Substance Account Act, H.&S.C.§25330, et seq .; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq .; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq. ; the Carpenter -Presley- Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq .; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq .; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq .; the Porter -Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

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SECTION 5. RECORDS AND DOCUMENTS

5.1 Accounting Records.

5.1.1 Maintenance and Inspection . Contractor shall maintain complete and accurate records with respect to all expenses incurred under this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

5.1.2 Inspection and Copying . Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

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

SECTION 6. INSURANCE

6.1 Maintenance of Insurance . Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

6.3 Modification of Insurance Provisions . The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

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SECTION 7. BONDS

7.1 Performance and Payment Bonds . If required by law or specifically required by City as set forth in Exhibit “E” [Bonds Required], attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with Contractor’s execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

7.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, without further notice from City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

7.3 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California - admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION.

8.1 Termination by City . City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non -disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

8.2 Termination by Contractor . Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty -five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty -five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer . Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or

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transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3 Liquidated Damages. The Parties agree that City has a legitimate interest in ensuring that Contractor provides the Services (including performance of all duties and responsibilities) required under this Agreement in a consistent and reliable manner, and that Contractor’s failure to timely provide such Services or to provide them in an inadequate manner will cause City to suffer damages and that it is, and will be, impractical and extremely difficult to ascertain and determine the exact amount of damages or to calculate actual damages. Therefore, in addition to City’s right to treat such non -performance as a material breach of, and to terminate, this Agreement, the Parties agree that liquidated damages, as provided herein, repr esent a reasonable estimate of the monetary damages that reasonably could be anticipated, and that proof of actual damages would be costly or impractical. The Parties specifically confirm the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made. Therefore, in lieu of actual damages, Contractor is subject to payment of $500 per failure to perform, per day. City may, at its election. deduct any assessed liquidated damages from payment due, or that will become due, to Contractor from City.

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

9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.

9.6 Governing Law. 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. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.

9.7 Integration. This Agreement, including the attached Exhibits “A” through “F”, 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 Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.

9.8 Severability. If a 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).

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9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and 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 amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

9.11 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

9.12 Delivery Of Notices . All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose.

Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

9.14 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 or 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 Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Attorney’s 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 and Costs and Expenses, in addition to any other relief to which it may be entitled.

9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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

9.19 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

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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. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor 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.

9.20 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 9.10 [Amendment] and the City Manager’s contracting authority under the Cathedral City Municipal Code.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF CATHEDRAL CITY CONTRACTOR:

________________________________ ______________________________ Charles P. McClendon, City Manager By: Brandi Jones
Its: Chief Executive Officer
ATTEST:

________________________________
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:

________________________________
Eric S. Vail, City Attorney

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EXHIBIT “A”

SCOPE OF SERVICES

Daily Services for City Hall (Done daily M-F 7:00pm-10:30pm)

• Empty and clean all waste baskets
• Replace vinyl liners (as necessary)
• Remove waste to outside container area
• Clean and sanitize all restrooms
• Refill all restroom dispensers from supply
• Wet mop and sanitize all restroom floors
• Refill all dispensers in kitchen areas from supply
• Dust mop and wet mop all entry tiles on 1st floor
• Clean, dust, and vacuum all executive offices (if door is open) • Clean all entrance door glass

Two Day Services for City Hall (Monday and Thursday)

• Clean all offices on 1st, 2nd, and 3rd floors
• Vacuum all carpet on 1st, 2nd, and 3rd floors
• Vacuum and clean stainless walls in both elevators
• Dust all horizontal ledges (pictures, windowsills, partitions, etc.) • Spot clean carpet
• Vacuum chairs and clean bases in all executive offices (if doors are open) • Clean mail room and training room to include floors, trash, countertops, etc.

Quarterly Services for City Hall to be scheduled at Client’s convenience.

• Detailed damp cleaning of all horizontal surfaces (desks, bookcases, cubicle tops, file cabinets, etc.). Items will be removed from desks, tables, and bookcases to clean furniture unless specifically asked not to. Items will be returned to their original locations as best as possible. • Detailed vacuuming under and behind desks and office furniture. • Vacuuming all AC vents and returns.
• Damp wipe all window ledges and doors throughout the office. • Vacuum under all (movable) gym equipment.
• Damp clean and disinfect all gym equipment.
• Machine scrub tile floors in gym showers. Scrub tile walls and grout. Clean/ treat hard water build up on glass shower doors.
• Removal and cleaning of all glass tabletops throughout the office. • Cleaning of interior and exterior of all kitchen appliances including refrigerator, • microwave, stove, oven, coffee station, etc. Clean tops and exterior of any vending machines.

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• Additional services requested by the client can be incorporated into this scope of work.

Daily Services for Police Department
(All cleaning done between 6am-1pm M-F only)

• Clean jail area
• Check patrol car drive up area and sweep as necessary • Clean lobby area
• Clean dispatch area
• Clean work out room
• Clean shower area inside patrol car drive up area as necessary • Check shower area inside patrol car drive up area
• Clean all general office areas
• Clean and sanitize all restrooms
• Refill all restroom dispensers from supply
• Vacuum all general office areas
• Vacuum lobby area and wet mop all tile areas
• Wet mop and sanitize all restroom floors

Two Day Services for Police Department (Tuesday & Friday) (All cleaning will need to be done between 6am-1pm M-F only)

• Clean all administrative offices
• Clean Patrol Sgt. office (only when door is open)
• Clean Report Writing office (only when door is open)
• Clean all horizontal ledges (pictures, windowsills, partitions, etc.) • Clean all outside windows
• Clean all inside partition glass
• Clean copy room
• Clean all conference rooms
• Dust all the interior plants
• Dust all blinds and/or window coverings
• Dry mop and wet mop all floors on bottom level
• Empty trash containers on back parking lot
• Vacuum all carpet on 1st, 2nd, and 3rd floors

Quarterly Services for Police Department to be scheduled at Client’s convenience.

• Detailed damp cleaning of all horizontal surfaces (desks, bookcases, cubicle tops, file cabinets, etc.). Items will be removed from desks, tables, and bookcases to clean furniture unless specifically asked not to. Items will be returned to their original locations as best as possible. • Detailed vacuuming under and behind desks and office furniture. • Vacuuming all AC vents and returns.
• Damp wipe all window ledges and doors throughout the office.

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• Removal and cleaning of all glass tabletops throughout the office. • Cleaning of interior and exterior of all kitchen appliances including refrigerator, • microwave, stove, oven, coffee station, etc. Clean tops and exterior of any vending machines.
• Additional services requested by the client can be incorporated into this scope of work.

Daily Services for Fire Department (Done daily Sun-Wed 5:30pm-7pm)

• Empty all trash/ replace liners as needed.
• Mop all tiles/ vacuum all carpet.
• Clean and sanitize two restrooms including sinks, toilets, mirrors, floors, and walls. Restock all restroom supplies.
• Clean break room including trash, floors, countertops, and skink. Wipe down exterior of appliances.
• Spot clean glass entry doors and glass panels as necessary. • Feather dust working desktops/ damp wipe open desktops, tables, and furniture. • Monitor window ledges, artwork, file cabinets and cubicle tops for excessive dust. • Clean glass entry doors and windows as well as interior glass panels monthly.

Does not include glass panels on garage doors.

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EXHIBIT “B”

SCHEDULE OF PERFORMANCE

See Scope of Services

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EXHIBIT “C”

COMPENSATION

For furnishing services, as specified in this agreement, City will pay and Contractor shall receive full compensation therefore, the total sum of $10,325 monthly.

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EXHIBIT “D”

REPRESENTATIVES

CITY’S REPRESENTATIVE
City of Cathedral City
Facilities
Attn: Edward Moore
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
Phone: (760) 202-2437
Fax: (760) 328-8622
Email Address: [email protected]

City of Cathedral City
Finance
Attn: Patrick Bumstead
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
Phone: (760) 202-2475
Fax: (760) 328-8622
Email Address: [email protected]

CONTRACTOR’S REPRESENTATIVE
Apex Team Solutions, Inc.

Attn: Brandi Jones
271 N. Ott Street, Suite 23
Corona, CA 92882
Phone: (956) 207-7011
Email Address: [email protected]

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EXHIBIT “E”

BONDS REQUIRED

No Bonds Required

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EXHIBIT “F”

INSURANCE REQUIREMENTS FOR CITY OF CATHEDRAL CITY

The City requires a certificate of insurance, including an underwriter’s endorsement, prior to commencement of the Services.

The insurance policies are to include additional endorsements that contain the following provisions:

1. That the City of Cathedral City and its respective elected officials, officers, employees, agents and representatives are additional insureds under the policy;

2. The policies are primary and non -contributory to any insurance that may be carried by City;

3. The City is entitled to thirty (30) days’ prior written notice of cancellation, material reduction, or non-renewal of the policy or policies.

4. The insurance shall be carried only by responsible insurance companies that have rated “A -” and “V” or better by the A.M. Best Key Rating Guide, that are licensed to do business in the State of California. City will accept insurance provided by non -admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

Only the following “marked” requirements are applicable:

X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Contractor and City against liability or claims of liability which may arise out of this Agreement in the amount of one million dollars ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.

X Vehicle Liability Insurance: Contractor shall also procure and shall maintain during the term of this Agreement vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same minimum for each person, in an amount not less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000).

X Workers’ Compensation Insurance: For all of Contractor’s employees who will provide Services under this Agreement and to the extent required by applicable state or federal law, Contractor shall keep in full force and effect a Workers’

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Compensation policy that includes a minimum of one million dollars ($1,000,000) o f employers’ liability coverage. Contractor shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Contractor participating under this Agreement, Contractor is to defend and indemnify the City from such claim.

Staff Report
City Council
Item No. 4.O
Meeting Date: June 25, 2025
From: George Crum, Chief of Police
Title: Two-Year Law Enforcement Services Agreement Between the Palm Springs Unified School District and Cathedral City Police Department for One School Resource Officer
RECOMMENDATION:

To approve an agreement with the Palm Springs Unified School District (District) for the Police Department to provide the District with one trained police officer on a full-time basis as a School Resource Officer (SRO) for FY 2025/26 and FY 2026/27, in the amount of $369,158, and authorize the City Manager to execute all necessary documents.

BACKGROUND:

For the past 24 years, the Cathedral City Police Department and Palm Springs Unified School District (District) have partnered together to provide a specially trained full-time police officer, commonly referred to as the School Resource Officer (SRO), to maintain an immediate police presence and response at Cathedral City High School, as well as other district sites within the city limits. As part of this partnership, the District has agreed to fund the SRO position for two years, covering the ten months that make up each respective school year, primarily including the salary and benefits of the officer assigned to the position.

DISCUSSION:

The term of this Agreement shall be effective August 1, 2025, and shall run through June 7, 2027, unless sooner termination as specified in Section 16 of the Agreement. The SRO shall have a regular work schedule of 7:30 a.m. to 3:30 p.m. five days per week. The SRO assigned to the District shall provide foot and vehicle patrols, as well as other security protection services, on school campuses. The SRO may issue citations or make arrests for crimes, write reports as directed by the District, and perform other related duties. The SRO may enforce criminal violations and perform other agreed upon duties. The SRO is authorized to take control of a crisis in accordance with the city's policies and procedures.

The School District agrees to comply with all reasonable requests of the city necessary for the performance of the SRO's duties under this Agreement. It will furnish office space for use by the SRO while performing those duties.

The city shall retain the full responsibility and authority to direct and control the activities of the SRO and supervise and discipline the SRO following city policies and collective bargaining agreements. Notwithstanding the foregoing, the SRO shall cooperate with the District relating to any event or activity that may involve an SRO assigned to the District, including, without limitation, conferring with any student, parent, faculty, and school administrator. If a problem arises concerning the performance of duties by an SRO, the principal or his/her designee shall state such concerns in writing directed to the District's Superintendent, his or her designee, and the Police Chief. The SRO is expected to maintain radio contact with high school administration at all times. In the event the SRO finds it necessary to leave the campus, the SRO shall notify the principal (or designee) in advance of the expected absence, and the Police Watch Commander shall be notified. In such circumstances, a patrol officer shall be available for immediate response to a school emergency.

FISCAL IMPACT:

The Palm Springs Unified School District Agreement will fund the SRO position beginning August 1, 2025, through June 7, 2027, in an amount not to exceed $369,158 during the term of the contract. This funding is comprised of:
•$180,096.00 in FY 2025/2026
•$188,198.00 in FY 2026/2027
FIVE-YEAR STRATEGIC PLAN:

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

Action E-5 – Police Department develops pro-active methods to reach out to youth and families.

While the SRO position is not a new concept, this position directly serves the needs of youth and their families.

ATTACHMENTS:

1. Palm Springs Unified School District Law Enforcement Services Agreement Contract
[Type here] [Type here] [Type here]

PALM SPRINGS UNIFIED SCHOOL

DISTRICT
Law Enforcement Services Agreement
C0005355

LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN THE CITY OF

CATHEDRAL CITY AND THE PALM SPRINGS UNIFIED SCHOOL DISTRICT

PURSUANT TO PROVISIONS OF THE CALIFORNIA EDUCATION CODE, SECTION 12400, FOR THE SERVICES OF A SCHOOL RESOURCE OFFICER IN ORDER TO

ENSURE THE GREATER SAFETY OF STUDENTS, THE STAFF, AND THE PUBLIC AT CATHEDRAL CITY HIGH SCHOOL AND MT. SAN JACINTO CONTINUATION

HIGH SCHOOL AND TO IMPROVE AND STRENGTHEN LAW ENFORCEMENT COMMUNITY CONNECTIONS ON OR ABOUT CAMPUS.

THIS AGREEMENT is made and entered into by and between the City of Cathedral City (hereinafter referred to as "CITY"), and the PALM SPRINGS UNIFIED SCHOOL DISTRICT, (hereinafter referred to as "DISTRICT").

WHEREAS, the CITY and DISTRICT desire to work cooperatively in this school community policing approach by entering into this Agreement to place a Police Officer as School Resource Officers, herein after referred to as SRO, on the DISTRICT campuses as needed to assist in the teaching of police science classes and to be a visual deterrent to aberrant behavior and thereby enhance DISTRICT's campus control and student protection;

IT IS THEREFORE AGREED AS FOLLOWS:

1. TERM

This agreement shall be effective beginning August 1, 2025 and it shall run through June 7, 2027, unless sooner terminated as provided in Section 16.

2. PURPOSE

This agreement establishes and delineates the mission of the School Resource Officer Program, herein referred to as the SRO Program, as a joint cooperative effort.

Additionally, the agreement formalizes relationships between the participating entities to foster an efficient and cohesive program that will build a positive relationship between Police Officers and the youth of our community in addition to reducing crime committed by juveniles and young adults.

The intent of this agreement is to ensure that all SROs assigned to PSUSD are deployed under the framework of the U. S. Department of Education and Department of Justice Safe School-based Enforcement through Collaboration, Understanding, and Respect (SECURe).

3. MISSION

The SRO Program accomplishes its mission by creating and maintaining safe, secure, and orderly learning environments for students, teachers, and staff.

The SRO will establish a trusting channel of communication with students, [Type here] [Type here] [Type here]

parents, and teachers. SROs will serve as a positive role model to instill in student’s good moral standards, good judgment and discretion, respect for other student’s, and a sincere concern for the school community. SRO’s will promote citizen awareness of the law to enable students to become better informed and effective citizens, while empowering students with the knowledge of law enforcement efforts and obligations regarding enforcement as well as consequences for violations of the law. SRO’s will serve as a confidential source of informal counseling for students and parents concerning problems they face as well as providing information on community resources available to them.

Goals and objectives are designed to develop and enhance rapport between youth, police officers, and school administrators.

SROs are not school disciplinarians and are not employed to “police students”. Therefore, they are prohibited from involvement in enforcing school codes of conduct or engaging school discipline.

4. SCOPE OF SERVICES

4.1 CITY agrees to assign 1 (one) SRO as the minimum staffing level under this Agreement.

Basic responsibilities of the SRO will include but will not be limited to:

1. Protect the students, staff, and public at large against criminal activity.

2. Refer school discipline issues to the appropriate administration team member.

3. Meet with principals to exchange information gathered from, parents, community members, and social media to detect potential spill-over of threats, drug activity, gang activity, and other behavior onto campus.

4. Connect with campus and community social workers to understand when and how at-home issues may be motivating a student’s disruptive behavior in order to work with school staff to ensure effective and supportive responses.

5. Provide counseling on a limited basis to students, staff, and faculty.

6. Take enforcement action on criminal matters when appropriate.

7. Handle initial police reports of crimes committed on campus.

8. Coordinate investigative procedures between police and school administrators.

9. Work with administrators to keep the school Emergency Management Plans updated.

10. Attend school special events as needed.

11. Provide information concerning questions about law enforcement topics to students and staff.

12. Provide classroom instruction on a variety of topics including, but not limited to, narcotics, gangs, safety, public relations, occupational training, leadership, constitutional law, juvenile law, state law, and life skills.

13. Attend training as needed to fulfill the duties of a School Resource Officer.

4.2 DISTRICT shall provide the SRO of each campus the following materials and facilities, which are deemed necessary to the performance of the SRO’s duties:

1. Access to an air-conditioned and properly lighted private office, which shall [Type here] [Type here] [Type here]

contain a telephone, which may be used for general business purposes.

2. A location for files and records which can be properly locked and secured.

3. A desk with drawers, chair, worktable, filing cabinet, and office supplies.

4. Access to a computer and printer.

5. Access to and encourage classroom participation by the SRO’s.

6. The opportunity for SRO’s to address teachers and school administrators about the SRO program, goals, and objectives.

7. Seek input from the SRO’s regarding criminal justice problems relating to students.

8. Provide SRO’s the opportunity to address teachers and school administrators about criminal justice problems relating to students during in-service workdays.

9. Computer access to student records at all campuses for investigative purposes. (In compliance with FERPA guidelines)

10. Access to video surveillance systems at all campuses for investigative purposes. School Resource Officers will be provided access to the video surveillance system for their respective school campuses and school buses that have video capability. This access will be given to the SRO on their office computer. Access to the video surveillance system shall be solely for investigative and preventive purposes only. Once video of an incident is determined to contain evidentiary value, the portion of video that is necessary to capture the incident will be downloaded from the system and saved as a computer file. The computer file will be considered evidence and shall be handled in accordance with Police Department policy and procedure. School Resource Officers shall r espect the sensitive nature of student privacy and shall abide by all applicable confidentiality, privacy policies, and applicable laws. Any unauthorized use of the DISTRICT’S video surveillance system will be grounds for disciplinary action in accordance with the agreement between the DISTRICT and the City of Cathedral City Police Department.

11. Encourage attendance of principals at NASRO Basic SRO training.

12. Ensure SROs receive forty (40) hours of training as a School Resource Officer through the National Association of School Resource Officers (NASRO).

13. Make certain SROs are trained in relevant school-based programs (Restorative Practices, Trauma Informed Care, Positive Behavioral Interventions and Supports, and Students with Disabilities).

5. SCHOOL RESOURCE OFFICER ASSIGNMENT

5.1 When a SRO position becomes available, notice should be given to all sworn employees through regular department posting procedures. The officer should then be interviewed by a board consisting of police department personnel and DISTRICT employees, with the final selection being made by the Chief of Police and the PSUSD Superintendent of Schools or his/her designee(s).

Selection criteria should include but should not be limited to:
[Type here] [Type here] [Type here]

1. Oral Interview

2. Oral Presentation

3. Performance Reports

4. Experience

5. Interpersonal skills

The SRO must successfully complete a School Site orientation before his/her assignment. The SRO shall meet the requirements of Education Code section 38001.5. The SRO shall have full authority to act to discharge his or her law enforcement duties pursuant to the policies and practices of the City. If circumstances permit, the Superintendent, or designee, may be consulted with respect to the handling of certain s ituations, if nothing in this Agreement shall restrict the discretion of the SRO in his/her law enforcement activities.

5.2 The day-to-day operation and administrative control of the SRO Program will be a joint and cooperative effort of the City of Cathedral City Police Department and Superintendent of Schools, or his/her designee(s). The SRO Sergeant will make SRO assignments for a school year with an annual review.

Responsibility for the conduct of SRO Personnel, both personally and professionally, shall remain with the Police Department and the DISTRICT acknowledges the SRO remains responsive to the command of the Police Department. The SRO or SROs are employed and retained by the City of Cathedral City, and in no event shall any employee of the CITY be considered an employee of the DISTRICT regardless of the funding source.

5.3 City shall retain the full responsibility and authority to direct and control the activities of the SRO and supervise and discipline the SRO in accordance with the collective bargaining agreement between the City and the City's Police Officers Association then in effect. Notwithstanding the foregoing, the SRO shall cooperate with the DISTRICT relating to any event or activity which may involve a SRO assigned to the DISTRICT , including , without limitation, conferring with any student, parent, faculty, and school administrator. If a problem arises concerning the performance of duties by a SRO, the principal or his/her designee shall state such concerns in writing directed to the PSUSD Superintendent of Schools or his/her designee(s), and the City of Cathedral City Chief of Police or his/her designee.

5.4 The CITY agrees it shall assign and have in attendance a SRO to the District for a period of no less than ten (10) months during the school year. The SRO shall have a regular work schedule of 7: 45 a.m. to 3:45 p.m. five (5) days per week to reflect the days and hours as that of the student population.

5.5 The CITY shall retain the right to approve requests for sick leave, vacation, or other absences In the event a SRO will be absent from work when school is in session, the SRO shall notify his/her supervisor in the CITY and the designated representative of the DISTRICT for the school assigned. For absences of more than five (5) consecutive days' duration, the CITY may assign another fully trained SRO to substitute for the reassigned SRO.

5.6 SRO's vacation time shall not conflict with the schedule of duties mutually [Type here] [Type here] [Type here]

developed by DISTRICT and CITY. Because DISTRICT and CITY holidays may not correspond, holiday time will be taken by the SRO in accordance with DISTRICT holidays during the contract period. The excess days shall be taken with reasonable notice to DISTRICT but shall not conflict with the schedule of duties mutually developed by DISTRICT and CITY.

5.7 The CITY will make reasonable efforts not to reassign a SRO when school is in session. The DISTRICT recognizes that there will be times when the SRO is necessarily absent from campus, including but not limited to emergencies, court appearances, union release time scheduled training.

5.8 All training required of the SRO will attempt to be scheduled during non- student days if at all feasible.

5.9 The SRO shall always be expected to maintain radio contact with the high school administration. In the event the SRO shall find it necessary to leave the campus, the principal, (or designee), shall be notified in advance of the expected absence and the Police Watch Commander shall be notified. In such a circumstance, a patrol car shall be available for immediate response to a school emergency.

5.10 Any overtime required to be paid to the SRO for school -related issues shall be paid by the DISTRICT as an addition to the full cost of services contained in Article 7. Compensation of this Agreement.

6. MODIFICATION OF SERVICES

No portion of the services or responsibilities of either party described in this Agreement may be eliminated, reduced, or appreciably changed without the mutual written consent of both parties.

7. COMPENSATION

DISTRICT shall reimburse CITY the cost of rendering service pursuant to this Agreement. Such cost of services shall be established by the CITY in the form of an hourly rate for an SRO and a mileage rate, and shall include all items of cost and expense to the CITY for providing the services hereunder.

Total cost to DISTRICT under this Agreement for the two-year period covering fiscal years
2025/2026 and 2026/2027 is THREE HUNDRED SIXTY-NINE THOUSAND ONE HUNDRED FIFTY-EIGHT AND 00/100 DOLLARS ($369,158.00).

For FY 2025/2026, payment will be made upon monthly billing by CITY at a rate not to exceed EIGHTEEN THOUSAND NINETY-SIX AND 00/100 DOLLARS ($18,096.00) per month for up to ten (10) months.

For FY 2026/2027, payment will be made upon monthly billing by CITY at a rate not to exceed EIGHTEEN THOUSAND EIGHT HUNDRED NINETEEN AND 80/100 DOLLARS ($18,819.80) per month for up to ten (10) months.

[Type here] [Type here] [Type here]

8. INSURANCE

City Insurance. CITY, at its sole cost and expense and for the full term of this Agreement shall obtain and maintain at least all the following minimum insurance requirements. All or a portion of the required insurance may be satisfied using a self- insurance program or pooled insurance, if any. The CITY must provide an affidavit of self-insurance, or pooled insurance if any.

A. Comprehensive General Liability

A policy with a minimum limit of not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage, providing at least all the following minimum coverages:

1) Personal Injury

B. Workers' Compensation and Employers' Liability

A policy written in accordance with the laws of the State of California and providing coverage for all employees of the CITY.

1) This policy shall provide coverage for Workers' Compensation (Coverage A) with statutory limits.

2) This policy shall also provide coverage of $100,000.00 Employers' Liability (Coverage B).

C. Comprehensive Business Auto

A policy with a minimum of not less than $1,000,000.00 combined single limit per occurrence for bodily injury and property damage. Coverage shall be applicable (without deductibles) to all City leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this agreement.

D. Special Provisions

The foregoing requirements as to the types and limits of insurance coverage to be maintained by CITY, and any approval of said insurance by the DISTRICT, or its insurance consultants) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CITY pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

9. ADMINISTRATION AND SUPERVISION

CITY, (or designee), shall administer this Agreement and supervise the SRO on behalf of the CITY. The Superintendent of DISTRICT (or designee) shall administer this Agreement on behalf of DISTRICT.

[Type here] [Type here] [Type here]

10. EMPLOYMENT STATUS

SRO shall remain employees of the City of Cathedral City on special assignment to DISTRICT for the purposes set forth in this Agreement, and shall not be considered agents, employees, or an officer of DISTRICT.

11. HOLD HARMLESS AND INDEMNIFICATION

The DISTRICT shall not be liable for any damages proximately resulting from the negligent or wrongful acts or omissions of the SRO, the CITY , or the C ITY'S employees or agents in the performance of this Agreement. The CITY shall assume the defense of, and shall indemnify and hold harmless the DISTRICT from and against all actions or claims against DISTRICT, its officers, agents or employees from any and all loss, including attorneys' fees, sustained by DISTRICT by virtue of any damages to any person(s), firm or corporation who may be injured by or to any property that may be damaged arising out of the performance of this Agreement by CITY.

Nothing in this Section 11 shall limit any liability of DISTRICT or C ITY, which liability pertains to any act or omission by any party arising from any event occurring outside of the performance of this Agreement by CITY.

The indemnity provisions of this Agreement shall survive the expiration or earlier termination of this Agreement.

12. ASSIGNMENT

Neither this Agreement nor any duties or obligations under this Agreement may be assigned by DISTRICT without prior written consent of the CITY.

13. ENTIRE AGREEMENT

This Agreement supersedes all agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties with respect to the subject matter hereof. Each party acknowledges that no other agreement, understanding or promise, oral or oth erwise, relative to this subject matter exists between the parties at the time of execution of this Agreement. Any modification of this Agreement shall be effective only if it is in writing and signed by both parties.

14. WAIVER

Any waiver by the CITY of any breach of any one or more of the terms of this agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of CITY to require exact, full, and complete compliance with any term of this Agreement shall not be construed in any manner as changing the terms hereof, or estopping CITY from enforcement hereof.

15. SEVERABILITY

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. [Type here] [Type here] [Type here]

16. TERMINATION

The term of this agreement is for the 2025/2026 and 2026/2027 school year; however the agreement may be amended at any time by the mutual consent of the parties hereto and may be terminated by either party upon thirty (30) days written notice to the other of its intention to do so. In the event this agreement is terminated, the cost shall be prorated on the basis on one tenth per month of the remainder of the actual agreed services performed hereunder.

17. DISPUTE RESOLUTION

With respect to any breach or dispute arising under this Agreement, the Parties shall meet and attempt, in good faith and in using their best and reasonable efforts, to resolve may be amended at any time by the he same. If such breach or dispute is not res olved by the Parties, then the Parties shall meet and attempt to agree on an appropriate mode of resolving the dispute or breach, e.g. arbitration, mediation or other forms of alternative dispute resolution.

18. AUTHORITY

The signers of this Agreement have the capacity and are authorized to execute this Agreement as the representatives of their respective Parties, and to bind said Parties to the terms hereof. This Agreement is subject to the approval by each Party's governing body. The Parties have entered into this Agreement as of the day and year first herein above appearing.

IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have signed in confirmation of this Agreement on the dates indicated below.
**(USE BELOW FOR CITY SIGNATURE FORM)**

PALM SPRINGS UNIFIED SCHOOL DISTRICT

By: ________________________________________

Name: Jeffrey Simmons ___________________

Title: Assistant Superintendent, Business Services___
(District)
Date: _______________________________________

ATTEST: City of Cathedral City, a Municipal Corporation

By:_____________________________________

Name:___________________________________
(City Manager)
Date: ___________________________________
[Type here] [Type here] [Type here]

APPROVAL AS TO FORM AND CONTENT: City of Cathedral City, a Municipal Corporation

By: _____________________________________

Name:___________________________________
(City Attorney)
Date: ____________________________________
Staff Report
City Council
Item No. 4.P
Meeting Date: June 25, 2025
From: Sandra Molina, Community and Economic Development Deputy Director Title: Professional Services Contract with Terra Nova Planning and Research, Inc. for the CV Commerce Center project
RECOMMENDATION:

Approve an amendment to the professional services agreement with Terra Nova Planning and Research, Inc. for planning and environmental services related to the CV Commerce Center project and authorize the City Manager to execute the agreement with Terra Nova Planning and Research, Inc.

BACKGROUND:

On February 28, 2024, the City Council approved a professional services agreement with Terra Nova Planning and Research, Inc. (Terra Nova) in the amount of $346,190 for planning and environmental services on the Messenger development project, since filed and referred to as the CV Commerce Center project (CV Commerce).

At the same February 28th meeting, the City Council approved a Reimbursement Agreement between the City and Developer for the reimbursement of costs associated with Terra Nova’s services. The reimbursement agreement required Developer to provide a $50,000 security deposit. All invoices submitted to the City by Terra Nova have been forwarded to the Developer for payment directly to Terra Nova. To date, the Developer has paid all invoices, and the deposit has remained intact.

DISCUSSION:

The CV Commerce project is located within the North City Extended Specific Plan (NCESP) and makes up most of the land within the NCESP. The NCESP is located north of the I-10 Freeway, primarily west of Bob Hope Drive.

In July 2024, the Developer filed the project for the industrial park which includes approximately 7.9 million square feet of warehouse buildings and offices, and supporting parking, landscaping and drainage areas. The developer has submitted 11 development applications, including three tentative parcel maps, three design reviews, a specific plan amendment, change of zone, zoning ordinance amendment, general plan amendment, and development agreement. The preparation of an EIR is also underway.

The project site and environmental review ensures that topics such drainage flows, traffic/circulation, site grading, are fully analyzed and accounted for in the project design and EIR.

As the project review has commenced, additional work has been needed beyond the original scope of work provided by Terra Nova. Terra Nova, City staff, and the Developer’s team have spent significant time and resources in reviewing drainage and traffic conditions, studies and refining the scope of work for the studies. This resulted in three change orders, all within the City Manager’s approval authority, and the original contract was amended each time.

Terra Nova advised City staff of another change order to modify the scope of work to include a noise study, which has been discussed with the Developer. Staff requested that Terra Nova also assess the scope of work in the contract and identify where costs will need to be augmented given the work to date and to complete the project. This is also included in the change order.

The CV Commerce is a complex project requiring extensive coordination between City staff, Terra Nova, and the Developer. The change orders that have been approved and the additional change order are appropriate for this level of project and ensure that the project and environmental review are complete.

FISCAL IMPACT:

The service contract for Terra Nova is not to exceed $480,270. The reimbursement agreement ensures the Developer pays for services incurred by Terra Nova, and the Developer has done so to date. Additionally, the Developer’s application submittal included the payment of filing fees, which are deposit based and City staff costs are being billed to a separate City deposit account.

FIVE-YEAR STRATEGIC PLAN:

This action will further Goal A – Serve the Community with Pride and Dedication Objective – Through diversity, equity and inclusion driven employee programs and employee experiences, Cathedral City is the employer of choice with a workforce that is engaged, motivated and respected public stewards.

A-1 – Study the need to reallocate staff resources including the use of contracts.

ATTACHMENTS:

1. Fourth Amendment to Terra Nova Contract_CV Commerce

2. Change Order #4

FOURTH AMENDMENT TO

AGREEMENT FOR SERVICES
by and between the

CITY OF CATHEDRAL CITY
and
TERRA NOVA PLANNING & RESEARCH, INC.

Dated June 25, 2025
-2-

FOURTH AMENDMENT TO AGREEMENT FOR SERVICES
This Fourth Amendment to Agreement for Services (“Fourth Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF CATHEDRAL CITY, a California charter city (“City”), and TERRA NOVA PLANNING & RESEARCH, INC., a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered in an Agreement for Services, dated February 28, 2024 (“Agreement”). The Agreement provides that Contractor will perform specified land use applications review, processing, and analysis services.

B. Section 2 of the Agreement provides for the Scope of Services and Schedule of Performance of the services.

C. A First Amendment, dated October 21, 2024, amended Section 2 Scope of Services & Schedule of Performance, increasing Contractor staff time for project evaluation and analysis and Section 4 of the Agreement relating to the total compensation under the Agreement.

D. A Second Amendment, dated January 23, 2025, amended the Scope of Services & Schedule of Performance, increasing Contractor staff time for project evaluation and analysis.

E. A Third Amendment, dated March 6, 2025, amended the Scope of Services & Schedule of Performance and increases Contractor staff time for project evaluation and analysis and Section 4 of the Agreement relating to the total compensation under the Agreement
F. This Fourth Amendment, dated June 25, 2025, amends the Scope of Services & Schedule of Performance and increases Contractor staff time for project evaluation and analysis and Section 4 of the Agreement relating to the total compensation under the Agreement.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fourth Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 The Agreement shall be amended by appending Attachment 1 to this Fourth Amendment as Exhibit “G” to the Agreement.

1.2 Section 2 of the Agreement is hereby amended to read as follows:
“Contractor agrees to perform the services set forth in Exhibit “A” “Scope of -3-
Services” and the scope of work set forth in Exhibit “D”, Exhibit “E”, Exhibit “F”, and Exhibit “G” (hereinafter, collectively, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A” and the Period of Performance specified in Exhibit “D”, Exhibit “E,” Exhibit “F”, and Exhibit G, respectively. Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.”

1.3 Section 4, subdivision (a) of the Agreement is hereby amended to read as follows:
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and the amounts specified under “Authorized Funding” specified in Exhibit “G” and each such Exhibits made a part of this Agreement by this reference.

The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Eighty Thousand Two Hundred and Seventy and 00/100 Dollars ($480,270.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

2.GENERAL PROVISIONS

2.1Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.

2.2Electronic 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 First Amendment.

Any use of electronic signatures to execute this First Amendment shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this First Amendment were executed by hand. Contractor acknowledges that it has had an opportunity to request and review the City’s Electronic Signature Use Policy, and Contractor agrees to comply with the Electronic Signature Use Policy. Contractor 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.

2.3Effective Date. This Fourth Amendment shall not become effective -4-
until the date it has been executed by the appropriate authorities of the City and Contractor.

2.4Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

2.5References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.

CITY SIGNATURE PAGE
CITY

CITY OF CATHEDRAL CITY
ATTEST:

Tracey R. Hermosillo
City Clerk

APPROVED AS TO FORM
Eric S. Vail
City Attorney
By:

Charles McClendon
City Manager
-5-

CONTRACTOR SIGNATURE PAGE

CONTRACTOR
TERRA NOVA PLANNING AND RESEARCH, INC.

By:

Name: John D. Criste
Title: President
ATTACHMENT 1
[EXHIBIT G” TO AGREEMENT]
TERRA NOVA PLANNING & RESEARCH, INC. ®

42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800

MEMORANDUM

Date: May 19, 2025

To: Ms. Sandra Molina, Deputy Director
Community and Economic Development
City of Cathedral City

From: Nicole Sauviat Criste, Principal

Subject: Budget Charge Order Request No. 4 - Coachella Valley Commerce Center (CVCC) Application Processing and CEQA Analysis Services

Pursuant to our recent discussions of the scope and budget associated with the above referenced Coachella Valley Commerce Center application processing and CEQA analysis, attached please find a proposed budget augmentation request associated with the following tasks. We have undertaken a comprehensive review in an effort to cover all known work moving forward to complete this project.

Applicant, City and In -House Meetings/Consultations : Funds in this task category have been exhausted. To date, this large and complex project and evolving transportation and other planning in the project area have required more meeting and consultation than was originally anticipated. The City/Terra Nova team has just received a substantially revised application package that, along with expected future consultations on project planning, design, engineering and environmental responsiveness, have contributed to this task funding request.

Application Processing, Analysis, Staff Reports: Consistent with the evolving application design, supporting materials and review and analysis, additional funds are requested to ensure that the remaining steps associated with this task are adequately funded.

EIR Documentation and Drafting: Substantial progress has been made in drafting the EIR for this project and effort has focused on areas where the applicant’s submittal was believed to be complete and adequate. With receipt of the revised application submittal this month, there are many areas of our EIR analysis that now require review and revision. Recent litigation on adjoining and similar development plans has also increased our focus on certain areas of analysis. The requested budget augment for this task would ensure adequate funds for the needed revised and expanded EIR analysis (see Noise Impact Analysis below).

Project Management: The budget for this project task is currently running a deficit and substantial additional staff time will be required to continue and complete the various management tasks associated with processing and analysing this project.

GIS, Graphics and Exhibits: A wealth of GIS-based data and information has been collected and is being analysed as a part of the project EIR analysis. The modest budget increase

2 request for this task will ensure adequate funds to conduct GIS analysis and prepare a suite of effective graphics and exhibits in support of the EIR and project presentation.

Administrative Support: The budget for this task has been exhausted; this task was modestly funded but has contributed substantially to cost effectively supporting this project. Some administrative tasks will be or are being repeated, and other anticipated tasks are still to be completed.

Noise Impact Analysis: Our current scope of work does not provide for a separate technical analysis of project noise impacts. While the desktop analysis already largely completed is thorough and defensible, the analysis would nonetheless benefit from an independent technical analysis of potential construction and operations noise on the local noise environment and sensitive receptors . Terra Nova will contract for and manag e Urban Crossroads’ preparation of a detailed noise analysis, including regulatory documentation, collection of 24 -hour noise data at up to 8 locations and conduct noise modeling on up to 20 roadway segments. The consultant will c alculate, tabulate and illustrate noise contours, and analyse existing and future conditions with and without project. The consultant will also characterize and analyse project stationary noise sources, analyse project construction and operational noise generation, analyse impacts and recommend mitigation where needed (see attached UXR agreement).

Summary of Change Order Request No. 4
Substantial changes in project design and engineering have led to certain unavoidable inefficiencies in reviewing and processing this project. With the updated application package in hand, Terra Nova and the City have a clearer path forward. The requested budget augmentation will ensure that the project is processed and analysed in a thorough, timely and cost-effective manner. The following summarizes the subject funding request.

Task
Total Current
Contract
Requested
Amendment
Revised Total
Contract

1. Applicant Mtgs, Internal Mtgs, etc. $13,300.00 $ 9,750.00 $23,050.00

2. Application Processing, Analysis, Staff Reports $16,500.00 $ 4,875.00 $21,375.00

3. NOP, Scoping Meeting, NOC, NOA, NOD $13,750.00 $13,750.00

4. EIR Documentation and Drafting $66,500.00 $ 9,750.00 $76,250.00

5. EIR Alternatives Analysis $13,600.00 $13,600.00

6. Response to Comments/Final EIR $11,000.00 $11,000.00

7. Findings & Statement of Overriding Conditions $9,600.00 $9,600.00

8. Public Hearings (1 CC & 1 PC) $3,900.00 $3,900.00

9. Project Management $14,200.00 $ 9,750.00 $23,950.00

10. GIS, Graphics and Exhibits $3,900.00 $ 975.00 $4,875.00

11. EIR Editing and Formatting $3,600.00 $3,600.00

12. Administrative Support $1,800.00 $ 1,800.00 $3,600.00 Special Tasks/Studies

3 Task
Total Current
Contract
Requested
Amendment
Revised Total
Contract

13. Air Quality & GHG Analysis Report $12,800.00 $12,800.00

14. Water Supply Assessment $21,000.00 $21,000.00

15. Biological Resource Assessment (General) $15,180.00 $15,180.00

16. Jurisdictional Delineation $13,670.00 $13,670.00

17. Cultural Resources Study $31,390.00 $31,390.00

18. Traffic Impact & VMT Analysis $128,605.00 $128,605.00

19. HRA $22,925.00 $22,925.00

20. Noise Study $0.00 $ 18,150.00 $18,150.00
Reimbursable Expenses
Misc. Office: Postage, telephone, Fax, photocopies,
etc. $3,000.00 $3,000.00
Printing of NOP, Draft EIR, Final Documents $5,000.00 $5,000.00 TOTAL $425,220.00 $ 55,050.00 $480,270.00

I hope the above and the attached noise agreement are clear and address any questions you may have. If you have any questions or would like to discuss, please do not hesitate to contact me.

Thank you!

20341 SW Birch Street | Suite 230 | Newport Beach, CA 92660 | (949) 660-1994 | urbanxroads.com

COACHELLA VALLEY COMMERCE

CENTER (CVCC)
CONTRACT AMENDMENT #4

May 12, 2025
John Criste
Terra Nova Planning & Research, Inc.
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
John Criste,
This work authorization is intended to cover the additional work needed to prepare a Noise Analysis for the Coachella Valley Commerce Center (CVCC) (Project) which is located west of Bob Hope Drive and adjacent to Varner Road and north of Interstate 10.

SCOPE OF ADDITIONAL WORK
NA-1: NOISE ANALYSIS
The following scope of work and associated professional fees represent the services necessary to complete the NA:

NA-1.1 Identify and review applicable, Federal, State and Local Noise criteria. This includes the City of Cathedral Noise Element and Municipal Code to determine appropriate noise standards and significance criteria.

NA-1.2 Collect long -term 24 -hour ambient noise level measurements in the Project study area at up to eight locations to quantify the existing noise environment. All noise level measurement equipment will satisfy American National Standards Institute (ANSI) standard specifications for sound level meters ANSI S1.4 -2014/IEC 61672 - 1:2013. The noise level measurem ents will be collected consistent with the criteria outlined in the Municipal Code. Briefly describe the ambient noise conditions in the Project study area.

NA-1.3 Calculate the off -site traffic noise contour boundaries for the baseline (existing) conditions, existing plus ambient growth, and General Plan Buildout conditions consistent with the Project Traffic Analysis on up to twenty study area roadway

15880-08 CA #4.docx 2 Coachella Valley Commerce Center (CVCC) segments. Calculate the Project contributions by comparing the "with" and "without" Project noise contours on the study area roadways for the proposed project. Determine if the Project will create a significant noise impact on any analyzed roadway segments.

NA-1.4 Utilize reference noise level measurements to represent the expected stationary source impacts associated with the proposed Coachella Valley Commerce Center (CVCC) Project land uses.

NA-1.5 Evaluate the potential stationary source noise impacts associated with the operation of the proposed Project and recommend measures to reduce the potential noise impacts to any nearby noise-sensitive uses.

NA-1.6 Provide a detailed construction noise and vibration analysis for each stage of typical daytime construction using reference noise level measurements of similar activities.

This will include an evaluation of both the ab solute and relative construction noise level impacts.

NA-1.7 Assess the potential absolute and relative construction noise levels associated with nighttime concrete pouring activities.

NA-1.8 Summarize the results of the study in a noise impact analysis report addressing the potential impacts associated with the Project and provide appropriate measures to reduce the impacts to levels of less than significant.

NA-2: NOISE ANALYSIS RESPONSE TO COMMENTS
NA-2.1 Revise the Noise study report based on comments provided by the Client and Lead agency for up to 2 review cycles.

NA-2.2 Assist the CEQA preparer with preparation of response to comments on the draft CEQA document.

PROFESSIONAL FEE
The fixed fee to accomplish the Scope of Work is as follows:

NOISE
NA Noise Analysis $13,400
NA Response to Comments $2,800
COACHELLA VALLEY COMMERCE CENTER (CVCC) CA #5 TOTAL
$16,200

15880-08 CA #4.docx 3 Coachella Valley Commerce Center (CVCC) TERMS
If agreeable, this letter serves as our mutual, contractual agreement and authorization to proceed .

The Client agrees to compensate Urban Crossroads on a Task Progress Basis (percentage of job completed) as subsequent work is completed. This proposal offer is valid for 60 days. Please sign one copy of this scope of work and return it to us for our files or send us the agreements utilized by your company.

If you have any questions, please contact me at (949) 660-1994.

Respectfully submitted,
URBAN CROSSROADS, INC.

Bill Lawson, P .E., INCE
Principal
Please send any future payments to our mailing address at:

Urban Crossroads, Inc.
1133 Camelback St. #8329
Newport Beach, CA 92658

CONTRACT APPROVAL
Name: John Criste
Signature:

Firm/Job Number: Terra Nova Planning & Research, Inc.

Date:

Staff Report
City Council
Item No. 5.A
Meeting Date: June 25, 2025
From: Kevin Biersack, Financial Services Director
Title: Annual Renewal of the Lighting & Landscaping District (LLD) Budget RECOMMENDATION:

Hold a public hearing, adopt resolutions approving the final engineer's report, and order the levy and collection of annual assessments for the sixteen (16) existing benefit zones for the annual renewal of the Lighting and Landscaping District Budget for fiscal year (FY) 2025/2026.

BACKGROUND:

In August 2001, City Council adopted Res. 2001-57 which approved the formation of an assessment district created under the Street Landscaping and Lighting Maintenance District Act of 1972. The original district was initiated with six (6) proposed benefit zones, but after the required Proposition 218 ballot process, only four benefit zones were approved. Since the initial formation, annexations of additional zones have been approved by City Council and passed by property owners through the Proposition 218 ballot process, for a total of sixteen (16) current zones. The 1972 Act provides assessments may be levied annually.

Proposition 218 laws provide assessment increase limitations not to exceed the annual Consumer Price Index (CPI) annual percentage adjustment. Assessments for labor, material and utility increases cannot exceed the maximum assessment rate for each zone. If the City would pursue increasing rates beyond the CPI limitations or if the scope of work accomplished by the LLD zone were to change, re-balloting would be required.

DISCUSSION:

Under the final engineer's report, to be approved with this agenda Item, there are no LLD Zone levy increases exceeding the CPI limitation as currently proposed. The prescribed process included the City Council previously adopting resolutions on May 14, 2025 which included scheduling a public hearing date for June 25, 2025. The public hearing was duly published and made available on or prior to June 15, 2025. The final engineer's report and levy for LLD Zones 1 through 54 is presented in the attached report. After the public hearing is closed, the Council may pass a resolution approving the engineer’s report and a resolution regarding the establishment of the maximum assessment and ordering the levy and collection of the assessment. Final acceptance of the engineer's report and the resolution ordering the levy and collection of assessment will allow the County to assess the appropriate levies on the FY 2025/2026 tax bills.

FISCAL IMPACT:

Final acceptance of the engineer’s report and the resolution ordering the levy and collection of assessment will allow the city to collect the appropriate levies from the parcel owners for these 16 LLD zones. Two of these LLD zones previously provided for a 100% contribution from the city’s General Fund for the maintenance of public parks (Century Park and Panorama Park). Beginning Fiscal Year 2025/2026, the parks maintenance and operation services will be the responsibility of the Desert Recreation District (DRD). In addition, the arterial streetlights in these zones are funded with a 50% contribution from the city's General Fund in the amount of $15,730.83.

FIVE-YEAR STRATEGIC PLAN:

This action will further Goal C – Fiscal Stability and Sustainability Objective - Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

ATTACHMENTS:

1. FY 2026 LLD Public Hearing & Ordering the Levy Resolution

2. FY 2026 LLD Final Engineer’s Report Resolution

3. FY 2026 LLD Final Engineer’s Report
RESOLUTION NO. __2025-___________

Page 1 ends

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY

ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2025/2026
The City Council of the City of Cathedral City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council has by previous Resolutions initiated proceedings and declared its intention to levy special benefit assessments against parcels of land within the Street Lighting and Landscape Maintenance District No. 1 (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2025 and ending June 30, 2026; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of operating, maintaining and servicing landscaping, lighting and appurtenant facilities located within public places in the District; and,
WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer’s Annual Levy Report (hereafter referred to as the “Report”) in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within the District, and the City Council did by previous Resolution approve such Report; and, WHEREAS, The City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2025 and ending June 30, 2026, to pay the costs and expenses of operating, maintaining and servicing landscaping improvements and street lighting improvements and appurtenant facilities located within public places in the District; and,
WHEREAS, The City Council has previously conducted a property owner protest ballot proceeding as part of the formation of the District and any increase in assessments pursuant to the applicable provisions of the California State Constitution Article XIIID and said District assessments proposed to be levied for Fiscal Year 2025/2026 are described in the approved Report.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:

Section 1: Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the requirements of the California State Constitution, Article XIIID have approved the assessments so presented.

RESOLUTION NO. __2025-___________

Page 2 ends

Section 2: Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that:
a) The land within District will receive special benefit by the operation, maintenance and servicing of landscaping, lighting, and appurtenant facilities within the boundaries of District.
b) The District includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2025 and ending June 30, 2026.

Section 3: The Report and assessment as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed.

Section 4: The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the maintenance, operation, administration and servicing of the improvements including turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry monuments, drainage systems and all appurtenant facilities related thereto.

Section 5: The maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer.

Section 6: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the Street Lighting and Landscape Maintenance District No. 1, and such money shall be expended only for the maintenance, operation and servicing of the landscaping, lighting and appurtenant facilities as described in Section 4.

Section 7: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2025 and ending June 30, 2026.

Section 8: The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution.

RESOLUTION NO. __2025-___________

Page 3 ends

PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF
________________, 2025.

AYES:

NOES:

ABSENT:

ABSTAINED:
___________________________
Mayor
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________________ ____________________________ City Attorney Department Head
REVIEWED:
_____________________________
City Manager
RESOLUTION NO. __2025-___________

Page 1 ends

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AMENDING AND/OR APPROVING THE FINAL ENGINEER’S ANNUAL

LEVY REPORT FOR THE STREET LIGHTING AND LANDSCAPE MAINTENANCE DISTRICT NO. 1 FISCAL YEAR 2025/2026
The City Council of the City of Cathedral City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, The City Council, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, Willdan Financial Services, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22565, in connection with the proposed levy and collection of assessments for the Street Lighting and Landscape Maintenance District No. 1 (hereafter referred to as the “District”) for the fiscal year commencing July 1, 2025 and ending June 30, 2026; and, WHEREAS, The Engineer has prepared and filed with the City Clerk of the City of Cathedral City and the City Clerk has presented to the City Council such report entitled “Engineer’s Annual Levy Report, Street Lighting and Landscape Maintenance District No. 1, Fiscal Year 2025/2026” (hereafter referred to as the “Report”); and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and,

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:

Section 1: The above recitals are all true and correct.

Section 2: The Report as presented, consists of the following:
a) A Description of the District and Improvements.
b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance)
c) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each zone within said District for Fiscal Year 2025/2026.

Section 3: The Report as presented, is hereby approved (as amended), and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

RESOLUTION NO. __2025-___________

Page 2 ends

Section 4: The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Report.

PASSED, APPROVED, AND ADOPTED THIS ___________ DAY OF
________________, 2025.

AYES:

NOES:

ABSENT:

ABSTAINED:
___________________________
Mayor
ATTEST:
____________________________
City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
_____________________________ ____________________________ City Attorney Department Head
REVIEWED:
_____________________________
City Manager

City of Cathedral City
Street Lighting and Landscaping
Maintenance District No.1
2025/2026 ENGINEER’S ANNUAL LEVY
REPORT
Intent Meeting: May 14, 2025
Public Hearing: June 25, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

TABLE OF CONTENTS
I. OVERVIEW....................................................................................................... .... 1
DESCRIPTION OF THE DISTRICT .............................................................. 1 A. Improvements Within the District .......................................................1 B. District Zone Boundaries and Improvements .....................................2 C. Improvements Authorized By The 1972 Act.......................................8 II.

III. Method of Apportionment
............................................................................. 9 A. General..............................................................................................9 B. Methodology....................................................................................10 C. Assessment Adjustment Formula to Offset Inflation.........................12 IV. DISTRICT
BUDGET......................................................................................... 13 A. Description of Budget Items.............................................................13 APPENDIX A............................................................................................18 APPENDIX B............................................................................................19

I. OVERVIEW
The City of Cathedral City (“City”) annually levies and collects special assessments in order to provide and maintain improvements within the Street Lighting and Landscaping Maintenance District No. 1 (“District”). In August 2001, the District was formed by passage of City Council Resolution No. 2001-57, after a public hearing and protest ballot process in accordance with Article XIIID of the California Constitution (“Article XIIID”). The District was originally formed with four (4) benefit zones (“Zones”) and, along with all subsequent annexations of additional Zones, is described herein. The District assessment is levied annually pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”) and Article XIIID.

This Engineer’s Annual Levy Report (“Report”) describes the District and improvements, any proposed changes to the District or improvements and the proposed budgets and assessments for Fiscal Year (“FY”) 2025/2026. The assessments are based on the City’s estimated cost to maintain the improvements that provide a special benefit to properties assessed within the District. The improvements within the District and the corresponding costs and the annual levy are budgeted and assessed for each separate Zone, including expenditures, deficits, surpluses, revenues, and reserves.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number by the Riverside County (“County”) Assessor’s Office.

The County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties assessed for special district benefits on the County tax roll.

Following consideration of public comments and written protests at a noticed public hearing, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report and confirmation of the assessments, the City Council may then order the levy and collection of assessments for FY 2025/2026 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel in FY 2025/2026.

II. DESCRIPTION OF THE DISTRICT
A. Improvements Within the District
The improvements in each of the Zones of the District include the operation, maintenance, rehabilitation and servicing of landscaping, lighting and appurtenant facilities including but not limited to, the cost of personnel, electrical energy, water service, materials, equipment, contracting services, and other items necessary for the satisfactory operation of these services described as follows:
2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 1

Landscaping and Appurtenant Facilities
Landscaping improvements include but are not limited to the following: ground cover, shrubbery, trees, irrigation systems, hardscapes, fixtures; sidewalk maintenance resulting from landscape growth, drainage basin cleaning and maintenance, graffiti removal, and related facilities; and work in public rights-of- way, medians, parkways and dedicated easements within the boundaries of said District.

Lighting and Appurtenant Facilities
Street lighting improvements include but are not limited to the following: energy costs, poles, fixtures, bulbs, conduits, conductors, equipment (including guys, anchors, posts and pedestals), metering devices and appurtenant facilities required to provide safety lighting and landscape lighting in public rights-of-way, medians, parkways and dedicated easements.

The public lighting system in each of the Zones is maintained to provide adequate illumination. Power for streetlights is furnished by the Southern California Edison Company. Rates for power are those authorized by the California Public Utilities Commission.
“Maintenance” means the furnishing of services, materials and labor for the ordinary and usual operation, maintenance, care and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of all or part of any of the landscaping, public lighting facilities or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste; the replacement of dead or dying vegetation, plants and (50%) trees; the cleaning, sandblasting, and painting of walls and other improvements to remove graffiti; and the cleaning, grading, disking, and maintenance of drainage basins to maintain their appearance, percolation, and storage volume. “Servicing” means the furnishing of water for the irrigation of the landscaping and the furnishing of electric current, gas, or other illuminating agent for the public lighting facilities, or for the decorative lighting or operation of landscaping or appurtenant facilities.

The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference herein made a part of this Report.

B. District Zone Boundaries and Improvements
The District is presently divided into sixteen (16) Zones, based on the special benefit received by the property within each of the respective Zones. 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 2

Zone One (Vista Del Rey, Tract 29664)
Zone One consists of seventy-two (72) single-family residential parcels located south of 30th Avenue east of Date Palm Drive. There are two (2) arterial streetlights located on 30 th Avenue and nine (9) located within the interior streets of the development. The improvements maintained in the Zone include the landscaping and maintenance of the parkway on 30th Avenue associated with the development.

Zone Two (La Paloma, Tract 29584)
Zone Two consists of sixty-five (65) single-family residential parcels located on the northwest corner of 30 th Avenue and Da Vall Drive. There are six (6) arterial streetlights located on 30th Avenue and Da Vall Drive and eight (8) located within the interior streets of the development. The improvements maintained in the Zone include the landscaping and maintenance of the parkways on 30th Avenue and on Da Vall Drive associated with the development. Also included is the graffiti removal from the perimeter walls along both 30 th Avenue and Da Vall Drive and maintenance of a drainage basin.

Zone Five (Tapestry, Tract 29487 and Tract 29487-1)
Zone Five consists of eighty (80) single-family residential parcels, located at the southwest corner of 30 th Avenue and Santoro Drive. There are three (3) arterial streetlights located on 30th Avenue and Santoro Drive and nine (9) located within the interior streets of the development. The improvements maintained in the Zone include the landscaping and maintenance of the parkways on 30th Avenue and on Santoro Drive associated with the development. Also included is the graffiti removal from the perimeter walls along both 30th Avenue and Santoro Drive.

Zone Seven (Montage, Tract 29771)
Zone Seven consists of one hundred twenty-eight (128) single-family residential parcels, located at the southwest corner of Gerald Ford Drive and Da Vall Drive, of which 50% is in the City of Cathedral City and the other 50% is in the City of Rancho Mirage. The City of Rancho Mirage’s landscape contractor maintains the landscaping and irrigation. There are twelve (12) arterial streetlights located on Gerald Ford Drive and Da Vall Drive. The improvements maintained in the Zone include the landscaping and maintenance of a raised median island on Gerald Ford Drive and on Da Vall Drive associated with the development. Also included is the graffiti removal from the perimeter walls along both Gerald Ford Drive and Da Vall Drive.

Zone Eight (Baristo, Tract 30256 and Tract 30256-1)
Zone Eight consists of forty-two (42) single-family residential parcels, located south of McCallum Way and west of Santoro Drive, at the ends of Victor Road, Neuma Road, and El Toro Road. Tract 30256 has twenty-two (22) single-family residential 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 3

parcels and Tract 30256-1 has twenty (20) single-family residential parcels. The improvements maintained for this residential subdivision include four (4) interior streetlights on the four streets of the development.

Zone Nine (La Pasada Neighborhood, Tract 27097-8)
Zone Nine consists of eighty-six (86) single-familyresidential parcels, located on interior public streets, abutting Vista Chino, an arterial highway, and bisected by Avenida Maravilla, a collector street which intersects Vista Chino and is also the main entryway into the La Pasada development.

The improvements maintained in this Zone include the streetlights on the interior streets of Tract 27097-8, and the Zone’s proportional special benefit from the maintenance and upkeep of the Vista Chino and Avenida Maravilla landscaping, street lighting improvements, and graffiti removal. Zone Nine represents 27.4% of the total number of parcels in the La Pasada Neighborhood that benefit from improvements on Vista Chino and Avenida Maravilla. These properties are assessed proportionately for the cost of those improvements based on 27.4%.

There are three (3) arterial streetlights and six (6) interior streetlights within this Zone.

Zone Eleven (Downtown Core Area, Tract 28339)
Zone Eleven consists of eleven (11) parcels. Ten (10) parcels in the Zone are commercial/industrial development with a combined acreage of 14.77. One (1) parcel in the Zone is a multi-family residential development comprised of sixty-one (61) units. The Downtown Core area is designated in the Downtown Specific Plan.

It includes the Cathedral City Civic Center, a parking structure, theaters, Town Square and Downtown commercial-retail development sites. The properties within this Zone benefit from five (5) arterial streetlights located along the sidewalk and parkway areas of both East Palm Canyon and Cathedral Canyon Drive, as well as forty-six (46) interior streetlights located in the Core area.

Zone Twelve (Mercy Housing Project)
Zone Twelve consists of two (2) multi-family residential parcels comprised of a total of seventy-five (75) units. The Mercy Housing project is an affordable housing project on the block between “A” Street and “C” Street, and between Cathedral Canyon Drive and West Buddy Rogers Avenue. The project site was originally comprised of fifteen (15) parcels, which were combined into one large parcel that was subsequently split into two (2) parcels. The Zone also includes a 5,000 Sq. Ft. senior center area. The improvements maintained by the Zone include streetlights and landscaping. The operators of the development maintain the landscaping improvements around the site and in the street parkways. There are six (6) streetlights around the perimeter of the site; one (1) arterial streetlight is on Cathedral Canyon Drive and the other five (5) are within the interior of the Zone. 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 4

Zone Fifteen (Landau Homes, Tract 21491 & 24982)
Zone Fifteen consists of one hundred eleven (111) single-family residential parcels located in the subdivision known as Landau Homes. Zone Fifteen is located within the boundaries of the City, generally south of 30th Avenue, north of Vega Road and west of Landau Boulevard.

The improvements maintained in the Zone include the landscaping and maintenance of the parkways along the west of Landau Boulevard, between 30th Avenue and Vega Road and the graffiti removal along a block wall on Landau Boulevard’s west side. A total of twenty-nine (29) streetlights, including eighteen (18) interior and eleven (11) arterial, are maintained.

Zone Sixteen (Century Park, Tract 20765-1 thru 8 & 29139) Zone Sixteen consists of five hundred ninety-nine (599) single-family residential parcels located in the subdivision collectively known as Century Park. Zone Sixteen is located within the boundaries of the City, bordered by 30th Avenue to the north, Da Vall Drive to the east, McCallum Way to the south, and Santoro Drive to the west. The parcels within the Zone consist of only residential parcels in addition to a neighborhood park owned by the City. The improvements maintained in this Zone include all streetlights within Century Park. There are a total of two hundred (200) streetlights within the Zone, including forty-eight (48) arterial, one hundred forty (140) interior, and twelve (12) within the park.

The arterial streetlights funds fifty percent (50%) contribution from the City's General Fund.

While parks are located within the boundaries of the Zone and provide visual and recreational value to the community, they are not funded through the annual assessments levied by the Zone. The ongoing maintenance and operations of parks are supported by a separate funding mechanism, such as the City’s General Fund or other dedicated park revenue sources.

Zone Seventeen (Panorama Park, Tract 2040 & 2232)
Zone Seventeen consists of two thousand four hundred one (2,401) parcels and is comprised of the following:
￿ Sixty-one (61) commercial/industrial parcels with 15.15 cumulative acreage. ￿ One hundred twenty-four (124) multi-family residential parcels comprised cumulatively three hundred thirty-one (331) units.
￿ Four (4) Mobile Home Park parcels.
￿ Two thousand one hundred and twenty-eight (2,128) single-family residential parcels.
2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 5

￿ Eighty-four (84) single-family vacant residential parcels.

Zone Seventeen consists of the parcels located in the subdivisions collectively known as Panorama Park. Zone Seventeen is located within the boundaries of the City, bordered by Vista Chino to the north, Date Palm Drive to the east, 30th Avenue to the south, and Landau Boulevard to the west. The improvements maintained in Zone Seventeen include the servicing of one hundred seventy-three (173) streetlights, including sixty-one (61) arterial, one hundred eight (108) interior, and four (4) within Panorama Park.

The arterial streetlights funds fifty percent (50%) contribution from the City's General Fund.

While parks are located within the boundaries of the Zone and provide visual and recreational value to the community, they are not funded through the annual assessments levied by the Zone. The ongoing maintenance and operations of parks are supported by a separate funding mechanism, such as the City’s General Fund or other dedicated park revenue sources.

Zone Eighteen (Landau Manor, Tracts 27962, 27962-1 & 30744) Zone Eighteen contains ninety-four (94) parcels. There are eighty (80) single- family residential parcels and fourteen (14) vacant single-family residential parcels.

Zone Eighteen consists of parcels located in the subdivision known as Landau Manor. Zone Eighteen is located within the boundaries of the City, generally south of Vega Road, north of McCallum Way, east of Keith Avenue and west of Landau Boulevard. The properties within the Zone also include open space retention basins.

The improvements maintained in the Zone includes streetscape maintenance, including graffiti removal along the 6 foot high block wall on Landau Boulevard’s west side between Vega Road and McCallum Way; retention basin maintenance including clean out of debris and weed control at the three sites located at the southwest sections of each development; all street lighting within the residential subdivisions in the Zone; street lights at Vega Road, McCallum Way and Landau Boulevard; and public street lighting and other public lighting facilities on the streets surrounding or adjacent to the development and other public areas associated or necessary for development of properties within the Zone. A total of twenty (20) streetlights, including eight (8) interior and twelve (12) arterial, are maintained.

Zone Nineteen (Alicante, Tract 24035-1)
Zone Nineteen consists of sixty-three (63) single-family residential parcels located in the subdivision known as Alicante Neighborhood. The Zone is located in the northwest quadrant of the intersections of McCallum Way and San Eljay Drive.

More specifically, this includes properties that are south of Rosemount Road, west 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 6

of San Eljay Drive, and north of McCallum Way.

The improvements maintained in the Zone include the landscaping and maintenance of parkways on the north side of McCallum Way from San Eljay west approximately 600 linear feet; parkways on the west side of San Eljay Drive from McCallum Way to Rosemont Road; graffiti removal, paint and wall repairs along the masonry block wall on McCallum Way and San Eljay Drive; lighting and servicing of four (4) interior streetlights located at the end of each of the cul-de- sacs located within the tract, and nine (9) arterial streetlights located along McCallum Way, San Eljay Drive, and Rosemount Road.

Zone Twenty (Cimarron, Tract 25804-1)
Zone Twenty consists of thirty-two (32) single-family residential parcels located in the subdivision known as Cimarron Neighborhood. The Zone is located in the northeast quadrant of the intersection of 30 th Avenue and Santoro, the interior streets of Borrego Road, Santa Rosa Street and Cimarron Court.

The improvements maintained in the Zone include the landscaping and maintenance of two (2) landscaped parkways to include a total of 16,000 square feet in the north side of 30th Avenue (Santoro Drive to east tract limits) and the east side of Santoro Drive (30th Avenue to the north tract limit); and lighting and servicing of six (6) interior streetlights located throughout the tract and three (3) arterial streetlights located along Santoro Drive and 30th Avenue.

Zone Twenty-One (Santoro Estates, Tract 25804-1)
Zone Twenty-One consists of thirty-six (36) single-family residential parcels located in the subdivision known as Santoro Estates Neighborhood. The Zone located in the southwest corner of Santoro Drive and Tortuga Road. This includes properties east of Santoro Drive, west of Da Vall Drive, south of Tortuga Road, north of Borrego Road and the interior streets of Santa Rosa Street, Anza Court and Manzanita Court.

The improvements maintained in the Zone include a landscaped parkway on the east side of Santoro Drive (from Tortuga Road south to the Cimarron tract line just north of Borrego Road), pedestrian safety streetlights, graffiti removal and litter control along Santoro Drive; lighting and servicing of six (6) interior streetlights located throughout the tract; and three (3) arterial streetlights located along Santoro Drive. In addition, the assessment, includes the landscape maintenance associated with a retention basin (on two (2) of the parcels) servicing this Zone.

Zone Fifty-Four (Jack-in-the-Box, Tract 019196)
Zone Fifty-Four is one (1) commercial parcel with a Chevron gas station and a Jack-in- the-Box within the Zone. The Zone is located on Palm Drive just east of the I-10 freeway.
2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 7

The improvements maintained in this Zone include a streetlight on Palm Drive and Paul Road, and the landscaped median on Palm Drive. The maintenance and servicing of landscaping within the public right-of-way, includes the trimming, fertilizing, weeding and replanting of trees, shrubs, grass and other ornamental vegetation. The maintenance and servicing of irrigation and electrical facilities associated with the landscaping, including but not limited to electricity for operation of the irrigation system and water for irrigation; and the provision of electricity to all streetlights within the public right-of-way, including incidental costs and expenses.

C. Improvements Authorized By The 1972 Act
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
￿ The installation or planting of landscaping.
￿ The installation or construction of statuary, fountains, and other ornamental structures and facilities.
￿ The installation or construction of public lighting facilities. ￿ The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. ￿ The maintenance or servicing, or both, of any of the foregoing. ￿ The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
￿ The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
￿ The costs of printing, advertising, and the publishing, posting and mailing of notices;
￿ Compensation payable to the County for collection of assessments; ￿ Compensation of any engineer or attorney employed to render services; ￿ Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
￿ Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
￿ Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
￿ Repair, removal, or replacement of all or any part of any improvement. 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 8

￿ Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
￿ The removal of trimmings, rubbish, debris, and other solid waste. ￿ The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

III. METHOD OF APPORTIONMENT
A. General
Part 2 of Division 15 of the 1972 Act, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include operation, maintenance, rehabilitation and servicing of streetlights, parks and landscaping.

The 1972 Act requires that maintenance assessments be levied according to the special benefit received. Section 22573 provides that:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements”.

The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in the nature, location and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22574). In addition, Article XIIID requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Article XIIID provides that only special benefits are assessable and the City must separate the general benefits from the special benefits.

General Benefit: Articles XIIIC and XIIID of the California Constitution require that the benefit to the public at large be identified for any improvements being funded through an assessment district. This general benefit may not be assessed to the parcels through an assessment district. The following Method of Assessment for the District analyzes the benefit to the public at large from the landscaping and lighting improvements provided by the City for the District.

Special Benefit: Article XIIID of the California Constitution defines special benefit as “a particular and distinct benefit over and above the general benefits conferred on real property located in the district or to the public at large.” General enhancement of property values does not constitute ‘special benefit’. The following 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 9

Method of Assessment for the District analyzes the special benefit each parcel receives from the improvements funded in each Zone of the District. The cost of the landscaping maintenance is distributed to parcels in each Zone based on the special benefit each parcel receives. The District has an assessment formula based on spreading the costs associated with each Zone over the parcels within the Zone. The costs are spread to the individual parcels based on their proportional special benefit utilizing an Equivalent Dwelling Unit Method of Apportionment.

The City determined that 50% of the collector/arterial lighting is considered general benefit with the remaining 50% of the costs (the special benefit component) to be apportioned to each parcel based on the established Equivalent Dwelling Unit calculations.

B. Methodology
Each parcel is assigned a weighting factor known as an Equivalent Dwelling Unit (EDU) to identify the parcel’s proportionate special benefit from the improvements.

Each parcel’s EDU is calculated based on the parcel’s land use, development status and/or size as compared to other parcels that are associated with the improvements. All single-family residential properties are assigned an EDU of 1.0, and all other property types are assigned an EDU proportionate to the special benefits they receive as compared to this single-family residential property. For each Zone, the total EDU’s are divided into the total amount to be assessed to establish the Assessment per EDU (Rate). This Rate is then multiplied by each parcel’s individual EDU to establish the parcel’s levy amount.

The following is a list of EDU’s by land use type:

Single-Family Residential (SFR): This land use is defined as a fully subdivided residential home site with or without a structure. This land use is assessed 1.0 EDU per parcel.

Condominium: Condominium units will be treated the same as Single-Family Residential units, and therefore these parcels will be assessed 1.0 EDU per dwelling unit.

Multi-family Residential (Apartments), Mobile Home Parks, and Recreational Vehicle Parks: Studies have consistently shown that the average apartment unit impacts infrastructure approximately 80% as much as a single-family residence, and the average mobile home or recreational vehicle (RV) unit impacts infrastructure approximately 50%. This equivalency factor is in general use in the State of California. Therefore, multi-family residential parcels (parcels with more than one dwelling on the parcel) will be assessed 0.8 EDU per dwelling unit and mobile home and RV parks 0.5 EDU per dwelling unit due to the higher population density of these types of dwelling units and reduced unit size compared to the typical density and size of single-family units.

The EDU's assigned to a multi-residential or a mobile home/RV parcel is calculated 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 10

based on the number of dwelling units and the appropriate EDU factor. For example, the 0.8 EDU factor for multi-residential is multiplied by the number of dwelling units or apartments on the parcel to determine the total EDU's for the parcel. Similarly, the total EDU's for a mobile home or a RV park parcel are calculated by multiplying the 0.5 EDU factor by the number of mobile home spaces or RV spaces on the parcel.

Commercial/Industrial: In converting improved Commercial/Industrial properties to EDU's, the factor used is the City’s average single-family residential density of 6 dwelling units per acre. Therefore, the Commercial/Industrial parcels, including institutional uses and vacant Multi-family parcels, will be assessed 6.0 EDU per acre or any portion thereof.

Vacant Residential: This land use is defined as property currently zoned for single-family detached or multi-family residential development, but a tentative or final tract map has not been submitted and/or approved. Parcels designated as vacant residential land-use will be assessed 0.5 EDU per dwelling unit including vacant subdivided residential parcels.

Vacant-rural: Parks and vacant parcels with no immediate development potential will be designated vacant-rural. These parcels will be assigned EDUs at the rate of 12.5% of the developed Commercial/Industrial properties, or 0.75 EDU per acre, up to a maximum of 5 acres per parcel. Vacant parcels with approved subdivision maps will be assessed based on the approved future designated use.

Public Property: Public property, which is developed and used for residential or business purposes will be assessed the same as private property with the same use. Schools will be assessed as Commercial/Industrial uses for those portions of the parcels with building improvements on them, and the playground and athletic fields will not be assessed. Parks will be assessed as vacant-rural property.

Exempt: Public streets, public alleys, public easements and rights-of-ways, public greenbelts, and parkways are exempt from assessment. An exception to this is where the public agency owning the otherwise exempt property chooses to participate and to pay its assessment. Also exempt from assessment are utility rights-of-way, common areas (such as in condominium complexes) and landlocked parcels that do not benefit from the improvements. 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 11

A summary of Equivalent Dwelling Unit (EDU) rates is shown in the table below:

Land-Use Category EDU Factor
Exempt 0.0 EDU

1.0 EDU

1.0 EDU
Single-Family Residential (SFR)
Condominium
Multi-Family Residential (MFR)
Mobile Home Park
Recreation Vehicle park
Commercial/Industrial
Vacant Residential, SFR or MFR
Vacant Rural / Parks

0.8 EDU/UNIT

0.5 EDU/SPACE

0.5 EDU/SPACE

6.0 EDU/ACRE

0.5 EDU/UNIT

0.75 EDU/ACRE (5 acres max)
Public Property
Residential / Business use
School building parcels
School playground / fields
Public Parks
Same as Private
Same as Comm./Ind.

Not assessed
Same as Vac./Rural
The following formulas are used to calculate each property’s assessment for each Zone:

Total Budget FY 2025/2026 / Total EDUs = Assessment per EDU (Rate) Parcel EDU x Assessment Rate per EDU = Parcel Levy Amount C. Assessment Adjustment Formula to Offset Inflation
It is recognized that the cost of maintaining the improvements may increase slightly every year as a result of inflation.

New or increased assessments require certain noticing, meeting, and balloting requirements. However, Government Code Section 54954.6(a) provides that a “new or increased assessment” does not include “an assessment which does not exceed an assessment formula or range of assessments...previously adopted by the agency or approved by the voters in the area where the assessment is imposed.” This definition of an increased assessment was later confirmed by Senate Bill 919 (The Implementing Legislation for Proposition 218).

The Zone assessments include a formula for increasing assessments for each fiscal year to offset increases in costs due to inflation. This assessment adjustment formula complies with the above referenced Government Code Section and was adopted by the City Council as approved by the property owners when they were balloted for their assessments. The increase to the maximum assessment amount 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 12

will be applied to each zone within the Street Lighting and Landscape Maintenance District No.1 except Zone 54.

Starting with Fiscal Year 2019/2020, the maximum assessment amount allowed for each fiscal year shall be increased by an amount equal to the annual percentage increase of the Local Consumer Price Index (“CPI”) for Riverside - San Bernardino - Ontario Counties Southern Region (new region created). For the prior fiscal years, the CPI index used was within the region generally known as the Los Angeles-Long Beach-Anaheim County Area. The calculation of the allowable maximum assessment rate is calculated independently from the budgeted annual assessment and may be increased each fiscal year even if the budgeted annual assessment rate is unchanged.

Each fiscal year the City shall identify the percentage difference between the CPI for the current January and the CPI for the previous January. This percentage difference shall then establish the range of increased assessments allowed based on CPI. Should the Bureau of Labor Statistics revise such index or discontinue the preparation of such index, the City shall use the revised index or comparable system as approved by the City Council for determining fluctuations in the cost of living.

The percentage difference for the CPI for the Riverside - San Bernardino - Ontario Counties Southern Region applicable for FY 2025/2026 is 2.94%. Therefore, the maximum assessment rates allowed for FY 2025/2026 have been adjusted over the prior year’s maximum assessment rates. For the rates per Zone, see Section IV, District Budget.

If the budget and assessments for a given Zone require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to the procedural requirements of Section 4 of Article XIIID.

IV. DISTRICT BUDGET
A. Description of Budget Items
The following describes the services and costs that are funded through the District, shown in the budget:

Maintenance & Operations: Includes third-party maintenance labor, materials and equipment required to properly maintain the authorized improvements and services within the District. Also, graffiti removal may be included, which can vary from minor to major in the scope and removal.

Public Works Maintenance Labor: Includes Cathedral City employee maintenance labor required to properly maintain the authorized improvements and services within the District.
2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 13

Water: The cost of irrigation water for the landscape to be maintained is based upon actual Desert Water Agency and Coachella Valley Water District billings on public landscaped areas being maintained within the District.

Arterial and Interior Streetlights: Energy costs for streetlights. For streetlights on arterial highways and collectors where there is some general benefit, 50% of this cost is levied to the parcels within the benefit zones and 50% is general contribution from the City. Interior residential streetlights are a full benefit of the adjacent parcels and are assessed at 100% of the cost for their energy and maintenance.

Electrical energy: Energy costs included are those necessary for the operation of irrigation controls.

Incidental costs: Costs for special items, such as costs of levying the assessments with the County Tax Collector and Assessment Engineering services. This includes costs of performing annual assessment engineering, determining existing or estimated costs, retaining of consultants, preparation of the Engineer’s Report, and other related costs, such as publication of notices, mailings, etc. per Section 22526 of the Streets and Highways Code.

Reserve Fund: A reserve is authorized under the provisions of Section 22569(a) of the Streets and Highways Code in an amount not to exceed the estimated costs of maintenance and servicing to December 10 of the fiscal year in question, or whenever the City expects to receive its apportionment of special assessments from the County, whichever is later. Consistent with this authority, during the 2001 District formation proceedings, Council set a general policy of establishing the reserve amount for each Zone at 25% of the total estimated maintenance costs for that Zone, subject to the Zone’s ability to fund the reserve through the assessments. The reserve amount is also authorized to be used for any unanticipated, ordinary and usual “maintenance”, as that term is defined in Section 22531 of the Streets and Highways Code. Repairs required by unanticipated, extraordinary and catastrophic occurrences would not fall within the definition of ordinary and usual “maintenance” and thus could not be paid for with reserve monies.

To the extent reserve amounts are not expended in a particular fiscal year, then they will be carried over to the next fiscal year and included as surplus in the Engineer’s Report, as required by Section 22656 of the Streets and Highways Code. The amount of any surplus shall be credited against the amount of any authorized reserve for each fiscal year. So, for example, to the extent 25% of the estimated costs of the improvements for the upcoming fiscal year already exist in the fund for a particular zone, no collection for a reserve would be required for that zone. (Note: This section was modified by action of the City Council on July 31, 2002).
2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 14

STREET LIGHTING &

LANDSCAPING
MAINTENANCE DISTRICT NO. 1

PROPOSED BUDGET FOR FY
2025/2026
ZONE 1
Tract 29664
Vista Del Rey
ZONE 2
Tract 29584
La Paloma
ZONE 5
Tract 29487 &
29487-1
Tapestry
68-2213
80 ZONE 7
Tract 29771
Montage
ZONE 8
Tract 30256 &
30256-1
Baristo
68-2215
42 County Fund Number 68-2222
72 68-2212
65 68-2214
128Equivalent Dwelling Units
Total Parcels Levied 72 65 80 128 42
Maintenance & Operations
Public Works Maintenance Labor
Professional & Technical
Water
Interior Street Lights
Arterial Street Lights
Less: 50% General Fund Contribution (Arterial only)
Electricity
Subtotal Maintenance Costs:
$ 16,725.00

0.00 $ 16,480.00 $ 31,185.00

0.00 $ 4,608.00 $ 0.00

0.00 0.00

0.00 721.22

0.00 0.00

0.00 721.22

0.00 0.00

0.00 0.00

0.00 0.00 0.00
546.00
1,718.90
391.52
(195.76)
248.42
19,434.08
1,918.69
1,506.01
1,135.71
(567.85)
418.96
2,762.90
1,735.55
836.21
(418.11)
459.19

0.00 2,290.49
(1,145.24)

0.00 $ $ 20,891.52 $ 36,560.75 $ 5,753.24 $
Assessment Engineering
City Admin Fees
County Fees for Assessment Collection
Subtotal Incidental Costs:
$ 1,590.61
1,020.95
121.07
$ 1,671.95
945.02
117.78
$ 2,822.66
1,107.72
124.83
$ 797.39
600.00
147.39
$ 179.39
695.55
106.97
981.91$
$
2,732.63 $
$
2,734.75 $
$
4,055.21 $
$
1,544.78 $
$Total Operating Budget FY 2025/2026 22,166.70 23,626.26 40,615.96 7,298.02 1,703.14 Reserve Fund
July 1, 2025 Estimated Beginning Balance
¹
$ 31,067.35
(9,566.70)
21,500.65
$ (927.75) $
9,523.74
21,801.15
(4,615.96)
17,185.19
$ 3,034.38
1,592.86
4,627.24
$ 5,218.20
663.14FY 2025/2026 Reserve Fund
Collection/(Contribution)June 30, 2026 Estimated Ending Balance $ $
$
$
$
$
8,595.99
5,222.88
33,150.00
$
$
$
$
$
$
$
$
$
5,881.34
Maximum 25% Reserve of Maintenance costs for FY 2025/2026 ² Balance To Levy
4,858.52 9,140.19 1,438.31
8,890.88
180.31
12,600.00 36,000.00 2,366.28
2024/2025 Maximum Assessment Rate ³
2024/2025 Applied Assessment Rate
$
$
296.10
200.00
$
$
960.34
465.00
$
$
859.85
430.00
$
$

67.48 67.48
$
$

54.73 54.72
2025/2026 Maximum Assessment Rate ³
2025/2026 Applied Assessment Rate
Applied Rate Over/Under Maximum Rate
Consumer Price Index Adjustment
$
$
$
304.80
175.00
(129.80) $
$
$
988.55
510.00
(478.55) $
$
$
885.11
450.00
(435.11) $
$
$

69.47 69.46
(0.01) $
$
$

56.34 56.34

0.00 CPI Adjustment 2.94%
(25.00) $

8.69 2.94%

45.00 28.21

2.94%

20.00 25.26

2.95%

1.98 1.99

2.94%

1.62 1.61
Difference between Applied 2024/2025 and Applied 2025/2026 per parcel
Difference between Max 2024/2025 and Max 2025/2026 per parcel $
$
$
$
$
$
$
$$
Total Budget FY 2025/2026 $ 12,600.00 $ 33,150.00 $ 36,000.00 $ 8,890.88 $ 2,366.28 ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items).
³ For Fiscal Year 2018/2019 and prior, the Maximum Assessment Rate was increased based on the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles-Riverside-Orange County Area, using data from February to February. Beginning in Fiscal Year 2019/2020, a new CPI region—Riverside/San Bernardino Counties,
Southern California Region—was adopted to better reflect local conditions. Since CPI data for this region is only published in odd-numbered months, the adjustment period was
changed to January to January to align with the available data. CPI increases will affect all zones within the District except Zone 54. 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 15

STREET LIGHTING &

LANDSCAPING
MAINTENANCE DISTRICT NO. 1

PROPOSED BUDGET FOR FY
2025/2026
ZONE 9
Tract 27097-8
La Pasada
Neighborhood
68-2216
86 ZONE 11
Tract 28339
Downtown Core
ZONE 12
Mercy Housing
Project
ZONE 15
Tract 21491 &
24982
Landau Homes
68-2219
111
ZONE 16
Tract 29139
Century Park
Zone
68-2220
599
County Fund Number 68-2217
137.42
11 68-2218
60 2
Equivalent Dwelling Units
Total Parcels Levied 86 111 599
Maintenance & Operations
Public Works Maintenance Labor
Professional & Technical
Water
Interior Street Lights
Arterial Street Lights
$ 9,240.00

0.00 $ 0.00

0.00 0.00
$ 2,700.00

0.00 0.00
1,062.67

0.00 $ 64,840.00

0.00 $ 25,000.00

0.00 0.00

0.00 1,145.37
643.83
(321.92)

0.00 0.00 0.00

0.00 1,028.45
3,219.26
2,097.73
(1,048.86)
237.17
4,729.43
7,641.37
6,037.77
(3,018.89)

0.00 1,806.34
295.08
(147.54)

0.00 0.00

0.00 0.00
Less: 50% General Fund Contribution (Arterial only)
Electricity
Subtotal Maintenance Costs: $ 10,707.29 $ 1,953.88 $ 3,762.67 $ 70,373.75 $ 40,389.69 Assessment Engineering
City Admin Fees
County Fees for Assessment Collection
Subtotal Incidental Costs:
$ 1,018.15
600.00
127.65
$ 390.49
359.31

92.40 $ 371.92
261.69

88.17 $ 5,301.61
1,443.96
139.40
$ 4,681.01
6,737.05
368.76
$
$
1,745.80 $
$
842.20 $
$
721.78 $
$
6,884.97 $
$
11,786.82
Total Operating Budget FY 2025/2026 12,453.09 2,796.08 4,484.45 77,258.72 52,176.51 Reserve Fund
July 1, 2025 Estimated Beginning Balance
¹
$ 56,821.71
11,196.91
68,018.62
$ 23,454.68
639.42
$ 3,735.29
(1,903.25)
1,832.04
$ 66,316.15
(36,490.64)
29,825.51
$ 73,769.10
7,723.49
81,492.59
FY 2025/2026 Reserve Fund
Collection/(Contribution)June 30, 2026 Estimated Ending Balance $ $
$
$
$
$
24,094.10 $
$
$
$
$
$
$
$
$
Maximum 25% Reserve of Maintenance costs for FY 2025/2026 ² Balance To Levy
2,676.82 488.47 940.67 17,593.44
40,768.08
10,097.42
59,900.0023,650.00 3,435.50 2,581.20
2024/2025 Maximum Assessment Rate ³
2024/2025 Applied Assessment Rate
$
$
458.90
300.00
$
$
150.59

35.00 $
$

41.79 41.78
$
$
356.81
300.00
$
$
282.41
120.00
2025/2026 Maximum Assessment Rate ³
2025/2026 Applied Assessment Rate
Applied Rate Over/Under Maximum Rate
Consumer Price Index Adjustment
$
$
$
472.38
275.00
(197.38) $
$
$
155.02

25.00 (130.02) $
$
$

43.03 43.02
(0.01) $
$
$
367.29
367.28
(0.01) $
$
$
290.71
100.00
(190.71)
CPI Adjustment 2.94%
(25.00) $

13.48 2.94%
(10.00) $

4.43 2.96%

1.24 1.24

2.94%

67.28 10.48

2.94%
(20.00)

8.30 Difference between Applied 2024/2025 and Applied 2025/2026 per parcel
Difference between Max 2024/2025 and Max 2025/2026 per parcel $
$
$
$
$
$$ $
Total Budget FY 2025/2026 $ 23,650.00 $ 3,435.50 $ 2,581.20 $ 40,768.08 $ 59,900.00 ¹ Beginning Reserve Fund Balances are estimated.
² In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items).
³ For Fiscal Year 2018/2019 and prior, the Maximum Assessment Rate was increased based on the Consumer Price Index (CPI) for All Urban Consumers in the Los Angeles-Riverside-Orange County Area, using data from February to February. Beginning in Fiscal Year 2019/2020, a new CPI region—Riverside/San Bernardino Counties,
Southern California Region—was adopted to better reflect local conditions. Since CPI data for this region is only published in odd-numbered months, the adjustment period was
changed to January to January to align with the available data. CPI increases will affect all zones within the District except Zone 54. 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 16

STREET LIGHTING &

LANDSCAPING
MAINTENANCE DISTRICT NO. 1

PROPOSED BUDGET FOR FY
2025/2026
ZONE 17
Tract 2040 & 2232
Panorama Park 27962-1 & 30744
Landau Manor
ZONE 18
Tract 27962,
ZONE 19
Tract 24035-1
Alicante
ZONE 20
Tract 25804-1
Cimarron
ZONE 21
Tract 25804-1
Santoro Estates
Zone 54
Jack in the Box
Total
County Fund Number 68-2221
2,527.64
2,401
68-2200

87.0 94
68-2210
63 63
68-2211
32 32
68-2209
36 36
68-1247
1 1
Equivalent Dwelling Units 4,127.06
3,823Total Parcels Levied
Maintenance & Operations
Public Works Maintenance Labor
Professional & Technical
Water
Interior Street Lights
Arterial Street Lights
Less: 50% General Fund Contribution (Arterial only)
Electricity
Subtotal Maintenance Costs:
$ 15,000.00 $ 17,350.00 $ 29,725.00

0.00 $ 5,000.00

0.00 0.00
847.71
1,073.06
536.53
(268.27)
150.88
7,339.91
$ 32,300.00

0.00 $ 5,000.00

0.00 0.00

0.00 0.00
436.30
(218.15)
760.50
5,978.65
$
$
$
$
$
$
$
$
$
275,153.00

0.000.00

0.00 0.00

0.00 0.00
740.69
1,231.84
1,533.98
(766.99)
203.36

0.00 0.00 0.00
496.57
725.12
1,631.62
(815.81)
233.90
31,996.39
834.34
586.98
159.11
(79.55)
355.24
34,156.12
14,967.45
46,074.61
31,461.65
(15,730.83)
3,067.63
354,993.52
22,963.60
13,435.78
(6,717.89)

0.00 $ 44,681.49 $ 20,292.88 $ $ $ $
Assessment Engineering
City Admin Fees
County Fees for Assessment Collection
$ 10,718.04
26,282.43
1,215.70
$ 1,706.36
1,259.57
131.41
$ 2,448.81
923.33
116.84
$ 615.46
587.09
102.27
$ 2,518.45
630.47
104.15
$ 424.60
250.85

87.70 $ 37,256.89
43,705.00
3,192.49
Subtotal Incidental Costs: $
$
38,216.17 $
$
3,097.34 $
$
3,488.98 $
$
1,304.81 $
$
3,253.07 $
$
763.15 $
$
84,154.38
Total Operating Budget FY 2025/2026 82,897.66 23,390.22 35,485.37 8,644.72 37,409.19 6,741.80 439,147.90 Reserve Fund
July 1, 2025 Estimated Beginning Balance ¹ $ 154,095.97 (44,983.06)
109,112.91
$ 6,513.74
(1,789.86)
4,723.88
$ 41,495.54
(11,860.37)
29,635.17
$ 2,398.69
4,795.28
7,193.97
$ 32,499.27
(20,309.19)
12,190.08
$ 11,622.61
(6,241.80)
5,380.81
532,916.08
(101,626.00)
431,290.07
FY 2025/2026 Reserve Fund
Collection/(Contribution)June 30, 2026 Estimated Ending Balance $ $
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
Maximum 25% Reserve of Maintenance costs for FY 2025/2026 ² Balance To Levy
11,170.37
37,914.60
5,073.22 7,999.10 1,834.98 8,539.03 1,494.66
500.00
88,748.38
21,600.36 23,625.00 13,440.00 17,100.00 337,521.90
2024/2025 Maximum Assessment Rate ³
2024/2025 Applied Assessment Rate
$
$

85.77 20.00
$
$
241.20
241.20
$
$
416.02
400.00
$
$
409.08
409.08
$
$
937.77
500.00
$
$
5,000.00
500.00
2025/2026 Maximum Assessment Rate ³
2025/2026 Applied Assessment Rate
Applied Rate Over/Under Maximum Rate
Consumer Price Index Adjustment
$
$
$

88.30 15.00
(73.30)
$
$
$
248.29
248.28
(0.01)
$
$
$
428.24
375.00
(53.24)
$
$
$
421.10
420.00
(1.10)
$
$
$
965.31
475.00
(490.31)
$
$
$
5,000.00
500.00
(4,500.00)
CPI Adjustment 2.94%
(5.00)

2.53 2.94%

7.08 7.09

2.94%
(25.00)

12.22 2.94%

10.92 12.02

2.94%
(25.00)

27.54 0.00%

0.00 0.00
Difference between Applied 2024/2025 and Applied 2025/2026 per parcel
Difference between Max 2024/2025 and Max 2025/2026 per parcel $
$
$
$
$
$
$
$
$
$
$
$
Total Budget FY 2025/2026 $ 37,914.60 $ 21,600.36 $ 23,625.00 $ 13,440.00 $ 17,100.00 $ 500.00 $ 337,521.90 ¹
²
³
Beginning Reserve Fund Balances are estimated.

In 2001, Council set a general policy of establishing the reserve amount at 25% of total estimated maintenance costs (see Reserve Fund in Description of Budget Items).

For Fiscal Year 2018/2019 and prior, the Maximum Assessment Rate was increased based on the Consumer Price Index (CPI) for All Urban Consumers in theLos Angeles-Riverside-Orange County Area, using data from February to February. Beginning in Fiscal Year 2019/2020, a new CPI region—Riverside/San Bernardino Counties,
Southern California Region—was adopted to better reflect local conditions. Since CPI data for this region is only published in odd-numbered months, the adjustment period was
changed to January to January to align with the available data. CPI increases will affect all zones within the District except Zone 54. 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 17

APPENDIX A
District Assessment Diagrams
The Assessment Boundary Map (attached) shows the exterior boundaries of the Assessment District and/or the benefit Zones therein. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Riverside, for the year when this Report was prepared, and are incorporated by reference herein and made part of this Report. 2025/2026 Cathedral City Street Lighting and Landscaping Maintenance District No.1 Page 18

APPENDIX B
2025/2026 Collection Roll
Parcel identification, for each parcel within the District, shall be the parcel as shown on the Riverside County Assessor's map for the year in which this Report is prepared. The land use classification for each parcel is based on the Riverside County Assessor’s Roll.

A listing of parcels assessed within this District, along with the proposed assessment amounts, shall be submitted to the City Clerk, under a separate cover, and by reference is made part of this Report.

Non-assessable parcels may include areas of public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and rights-of-ways including public greenbelts and parkways; utility rights-of-ways; common areas; landlocked parcels, small parcels vacated by the County, bifurcated parcels, and any other property that cannot be developed. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment. Properties outside the District boundary receive no direct or special benefits from the improvements provided by the District and are not assessed.

Approval of this Report (as submitted or as modified) confirms the method of apportionment and the maximum assessment rate to be levied against each eligible parcel and thereby constitutes the approved levy and collection of assessments for the fiscal year. The parcels and the amount of assessment to be levied shall be submitted to the County Auditor/Controller and included on the property tax roll for the fiscal year.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report.

Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment.
2025/2026 Street Lighting and Landscaping Maintenance District No.1 Page 19 9 7
0 Staff Report
City Council
Item No. 5.B
Meeting Date: June 25, 2025
From: Andrew Firestine, AICP, Director of Community and Economic Development
Title: Zoning Ordinance Amendment 25-0002 and Specific Plan Amendment 25-0002
RECOMMENDATION:

Find Zoning Ordinance Amendment 25-0002 and Specific Plan Amendment 25-0002 exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15061(b)(3).

Introduce an ordinance approving Zoning Ordinance Amendment 25-0002 amending Chapter 9.18 of Title 9 of the Cathedral City Municipal Code to add single family dwellings as a permitted use in the RM (Multiple-Family Residential) District for lots no greater than 10,000 square feet, that are surrounded by existing development on two adjacent properties, and that do not have frontage on an Arterial Highway.

Introduce an ordinance approving Specific Plan Amendment 25-0002 amending Specific Plan 87-26C to allow single family dwellings in the specific plan when permitted in the underlying zoning district and to clarify that single family dwellings are subject to the development standards of the underlying zoning district.

FINDINGS:

FIND THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO THE “COMMON SENSE EXEMPTION” SET FORTH IN STATE CEQA GUIDELINES SECTION 15061(b)(3) BASED ON THE FOLLOWING FINDINGS:

1. The project is exempt from further environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is not subject to CEQA.

APPROVE ZONING ORDINANCE AMENDMENT 25-0002 TO AMEND CHAPTER 9.18 OF 9 7
0 THE CATHEDRAL CITY MUNICIPAL CODE BASED ON THE FOLLOWING FINDINGS:

1. The proposed Zoning Ordinance Amendment is consistent with the purpose of the Medium Density Residential (RM) General Plan land use designation, which serves as transition between lower and more moderate residential densities and includes product types ranging from single family to multiple family development. The proposed Zoning Ordinance Amendment, which would permit single family dwellings on lots no greater than 10,000 square feet, is consistent with the permitted density range of 4.5 to 10 dwelling units per acre for the RM land use designation in the General Plan.

2. The proposed Zoning Ordinance Amendment is consistent with the purpose and intent of the RM (Multiple Family Residential) district, as stated in Section 9.18.010 of the Municipal Code, to provide appropriately located areas for families living in a variety of types of dwellings at a medium to medium-high range of population density. The proposed amendment, to allow single family dwellings on lots no greater than 10,000 square feet, is consistent with the permitted density of 4.5 to 10 dwelling units per acre in the RM district.

3. The proposed Zoning Ordinance Amendment is desirable for the development of the community in that it would support development of smaller infill lots that cannot accommodate higher density residential development and that may not be suitable for lot consolidation due to existing developments on adjacent properties. By facilitating infill development on properties that are not suitable for lot consolidation, the proposed ordinance supports General Land Use Policy 4 in the General Plan, which states that infill development and lot consolidation shall be encouraged, as well as Residential Land Use Policy 2, which states that in-fill development shall be encouraged where investments in infrastructure have already been made and while maintaining the integrity of the neighborhood.

4. The proposed Zoning Ordinance Amendment does not affect any sites included in the Housing Element Land Inventory or that are otherwise necessary to meet the City’s RHNA allocation. Infill development on properties in the RM district is not contemplated in the Housing Element Land Inventory.

APPROVE SPECIFIC PLAN AMENDMENT 25-0002 TO AMEND SPECIFIC PLAN 87-26C BASED ON THE FOLLOWING FINDINGS:

1. The proposed amendment to Specific Plan 87-26C would establish consistency with the underlying zoning district, as amended by Zoning Ordinance Amendment 25- 0002.

2. The proposed Specific Plan Amendment is consistent with Goal A of Specific Plan 87- 26C, to foster development in appropriate areas by allowing changes that do not adversely affect existing uses. The proposed amendment, to allow single family dwellings when permitted in the underlying zone district, would foster infill development compatible with the scale and density of existing residential development in the area.

3. The proposed Specific Plan Amendment is consistent with Goal B of Specific Plan 87- 26C, to minimize direct access to Date Palm Drive. The proposed amendment would 9 7
0 require that single family dwellings are developed in accordance the standards of the underlying zone district. As proposed by Zoning Ordinance Amendment 25-0002, single family dwellings would be permitted in the RM District only for lots that do not have frontage on an Arterial Highway, which includes Date Palm Drive.

BACKGROUND:

On February 5, 2025, a property owner submitted a building permit application for the construction of a new single family dwelling at 68955 Olancha Road, between Date Palm Drive and Rancho Vista Drive. While there are existing single family dwellings on adjacent and nearby properties, the RM (Multiple-Family Residential) zone, where the property is located, does not permit new single family dwellings. Additionally, the property is located within Specific Plan (SP) 87-26C, which also prohibits single family dwellings.

After investigating this property and the development patterns in the surrounding area, staff found that there are multiple vacant properties within the SP 87-26C planning area and RM district that are too small to fully support development as multi-family projects while meeting the density range permitted by the RM development standards. Furthermore, due to the presence of existing development on adjacent properties, not all of these properties would be suitable for consolidation into larger lots to facilitate multi-family development.

To facilitate the infill development of these small lots, staff is proposing to amend Chapter

9.18 (RM Multiple Family Residential) of the Zoning Code to allow single family dwellings in the RM district under certain provisions.

There are 139 lots in the City zoned RM, of which 28 are currently undeveloped. These undeveloped lots are clustered in two areas, with four large adjacent lots (each 10 to 73 acres) located east of Date Palm Drive immediately south of the I-10 freeway, and the remaining 24 lots located in the corridor west of Date Palm Drive and east of Rancho Vista Drive, between Ramon Road and Dinah Shore Drive. This Date Palm corridor also substantially corresponds with the planning area for Specific Plan (SP) 87-26C. Therefore, staff is proposing to amend SP 87-26C to maintain consistency with the proposed zoning amendments to the RM district.

Planning Commission
The proposed amendments were presented to the Planning Commission in a public hearing on June 4, 2025. As presented to the Planning Commission, the proposed Zoning Ordinance Amendment would permit single family dwellings on properties in the RM district that are no greater than 10,000 square feet and that do not have frontage on an Arterial Highway.

The Commission requested to further limit the provisions of the proposed amendment to prevent single family development on lots with the potential for lot consolidation. The Planning Commission therefore recommended that Zoning Ordinance Amendment 25-0002 and Specific Plan Amendment 25-0002 be adopted, with the recommendation to add a third qualifier: that it be limited to properties surrounded by existing development on two adjacent properties.

DISCUSSION:

Zoning Ordinance Amendment
9 7
0 The RM zone district currently allows multiple family dwellings and compatible uses such as small family day-cares, supportive and transitional housing, and group homes. Single family dwellings are currently prohibited in the RM district.

The proposed Zoning Ordinance Amendment would add single family dwellings as a permitted use on lots no greater than 10,000 square feet, that are surrounded by existing development on two adjacent properties, and that do not have frontage on an Arterial Highway. The proposed amendment would not modify any of the development standards of the RM District, including lot dimensions, yard requirements, coverage and building height, parking, fencing, and open space.

In accordance with the development standards for the RM district, all residential development must be at a density ranging from 4.5 to 10 dwelling units per acre (du/ac), 1 and all newly created lots must be a minimum of 20,000 square feet.

There are currently 28 properties in the RM district that are 10,000 square feet or smaller. 2 Based on the permitted density range, a 10,000 square foot property could be developed with a minimum of one dwelling unit (4.5 du/ac) and a maximum of two dwelling units (10 du/ac). However, only multi-family dwellings (i.e., three dwelling units or more) are currently permitted in the RM district. Therefore, the residential development of properties 10,000 square feet or less could not meet the current development standards. The proposed amendment to allow single family dwellings in the RM district would remedy this issue.

The proposed Zoning Ordinance Amendment would limit new single family dwellings to properties that do not have frontage on an Arterial Highway, as designated in the General Plan Circulation Element. This would maintain consistency with the distribution of land use intensities established by the General Plan Land Use Map, which generally concentrates higher intensity land uses along major transportation corridors. Continuing to prohibit new single family dwellings along Arterial Highways would also maintain consistency with Goal B of Specific Plan 87-26C, which states that direct access to Date Palm Drive should be limited to enhance traffic safety.

As requested by the Planning Commission, the proposed Zoning Ordinance Amendment would also be limited to lots surrounded by existing development on two adjacent properties, thereby maintaining consistency with General Plan Land Use Policy 4, which states that infill development and lot consolidation shall be encouraged.

Specific Plan Amendment
Specific Plan 87-26C covers an approximately 37-acre area on the west side of Date Palm Drive, east of Rancho Vista Drive, south of Ramon Road, and north of Dinah Shore Drive.

Currently, single family dwellings are prohibited within the Specific Plan area. The proposed amendment to Specific Plan 87-26C would allow single family dwellings when permitted in the underlying zoning district. The underlying zoning in the Specific Plan area is a mix of RM and PCC (Planned Community Commercial). The proposed amendment would only apply to properties zoned as RM.
1 CCMC Section 9.18.060 establishes two density ranges for the RM district: a medium density range of 4.5-10 dwelling units per acre or a medium-high density range of 11-20 dwelling units per acre. However, in accordance with the current General Plan Land Use Map, only the medium density range (4.5-10 du/ac) applies. 2 Excluding condominiums.
9 7
0 The residential development standards established in SP 87-26C are intended for multi- family projects. The proposed Specific Plan Amendment would therefore clarify that single family dwellings shall be subject to the development standards of the underlying zoning district.

TRIBAL REVIEW
The Specific Plan Amendment requires consultation with Native American Tribes pursuant to Senate Bill 18. The project was transmitted to local and regional tribes on April 2, 2025 to initiate the 90-day period during which consultation can be requested. Four comments were received, with only the Agua Caliente Band of Cahuilla Indians (ACBCI) requesting formal consultation. Consultation was conducted and ACBCI formally closed the consultation process on May 20, 2025.

Of the other three Tribes, the Augustine Band of Cahuilla Indians advised that they were not aware of any cultural resources within the project area, the Fort Yuma Quechan Indian Tribe deferred to local Tribes, and the Morongo Band of Mission Indians had no comments.

ENVIRONMENTAL REVIEW
The project is exempt from the California Environmental Quality Act (“CEQA”), pursuant to the “common sense exemption” of CEQA Guidelines Section 15061(b)(3), which states that a “project is exempt from CEQA if: [t]he activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The proposed Zoning Ordinance Amendment and Specific Plan Amendment are text amendments only, and do not propose any new development. The future development of single family dwellings facilitated as a result of the proposed amendments would be ministerial projects, statutorily exempt from CEQA pursuant to Section 15268 of the CEQA Guidelines.

FISCAL IMPACT:

Other than costs associated with staff time, implementation of the proposed ordinances will have no fiscal impact.

FIVE-YEAR STRATEGIC PLAN:

Goal F – EMBRACING, INCLUSIVE COMMUNITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options and vibrant businesses. Our neighborhoods are attractive, well-maintained, and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.

ATTACHMENTS:
9 7
0 Attachment 1 – Draft Ordinance Adopting Zoning Ordinance Amendment 25-0002 Attachment 2 – Draft Ordinance Adopting Specific Plan Amendment 25-0002 Attachment 3 – Notice of Exemption

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AMENDING SECTION 9.18.020 OF CHAPTER 9.18 OF TITLE 9 OF THE

CATHEDRAL CITY MUNICIPAL CODE TO ADD SINGLE FAMILY DWELLINGS AS A

PERMITTED USE IN THE RM MULTIPLE -FAMILY RESIDENTIAL DISTRICT SUBJECT TO

CERTAIN CONDITIONS

WHEREAS, Title 9 (Planning and Development) of the City of Cathedral City’s Municipal Code (“Planning and Zoning Code”) provides for the organized, predictable, and efficient development of land within the City; and
WHEREAS, the RM (Multiple-Family Residential) district, as set forth in Chapter 9.18 of Title 9 of the Cathedral City Municipal Code, provides appropriately located areas for families living in a variety of types of dwellings at a medium to medium-high range of population density, and to provide space for community facilities needed to complement urban residential area; and WHEREAS, Zoning Ordinance Amendment 25- 0002 proposes to amend Chapter 9. 18, specifically Section 9.18.020, of the Planning and Zoning Code to allow single family dwellings in the RM District for lots no greater than 10,000 square feet , that are surrounded by existing development on two adjacent properties, and that do not have frontage on an Arterial Highway; and
WHEREAS, the development of single family dwellings on limited properties in the RM District is consistent and harmonious with the existing development pattern in this area, which includes single family dwellings on lots smaller than 10,000 square feet; and WHEREAS, the Zoning Ordinance Amendment will be consistent with the Medium Density Residential (RM) General Plan Land Use Designation which serves to transition between lower and more moderate residential densities; and WHEREAS, on June 4, 2025, the Planning Commission of the City of Cathedral City conducted a public hearing on Zoning Ordinance Amendment 25- 0002 and Specific Plan Amendment 25-0002, and recommended City Council adoption of an ordinance adding single family dwellings as a permitted use in the subject zoning district and specific plan area under limited circumstances; and
WHEREAS, on J une 25, 2025 the City Council held a duly noticed public hearing to consider the Project, including the Planning Commission’s recommendation.

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

SECTION 1. AMENDMENT OF SECTION 9.18.020 OF CHAPTER 9.18 OF TITLE 9 OF THE

CITY OF CATHEDRAL CITY MUNICIPAL CODE
Section 9.18.020 of Chapter 9.18 of Title 9 of the Cathedral City Municipal Code is amended to read as set forth in Exhibit A.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This project is exempt from the California Environmental Quality Act (“CEQA”), pursuant to the “common sense exemption” of CEQA Guidelines Section 15061(b)(3), which states that a “project is exempt from CEQA if: [t]he activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” SECTION 3. ZONING ORDINANCE AMENDMENT 25-0002
The City Council hereby amends Section 9.18.020 of the Cathedral City Municipal Code based on the following findings:

1. The proposed Zoning Ordinance Amendment is consistent with the purpose of the Medium Density Residential (RM) General Plan land use designation, which serves as transition between lower and more moderate residential densities and includes product types ranging from single family to multiple family development. The proposed Zoning Ordinance Amendment, which would permit single family dwellings on lots no greater than 10,000 square feet, is consistent with the permitted density range of 4.5 to 10 dwelling units per acre for the RM land use designation in the General Plan..

2. The proposed Zoning Ordinance Amendment is consistent with the purpose and intent of the RM (Multiple Family Residential) district, as stated in Section 9.18.010 of the Municipal Code, to provide appropriately located areas for families living in a variety of types of dwellings at a medium to medium -high range of population density. The proposed amendment, to allow single family dwellings on lots no greater than 10,000 square feet, is consistent with the permitted density of 4.5 to 10 dwelling units per acre in the RM district.

3. The proposed Zoning Ordinance Amendment is desirable for the development of the community in that it would support the development of smaller infill lots that cannot accommodate higher density residential development and that may not be suitable for lot consolidation due to existing developments on adjacent properties. By facilitating

infill development on properties that are not suitable for lot consolidation, the proposed ordinance supports General Land Use Policy 4 in the General Plan, which states that infill development and lot consolidation shall be encouraged, as well as Resident ial Land Use Policy 2, which states that in- fill development shall be encouraged where investments in infrastructure have already been made and while maintaining the integrity of the neighborhood.

4. The proposed Zoning Ordinance Amendment does not affect any sites included in the Housing Element Land Inventory or that are otherwise necessary to meet the City’s RHNA allocation. Infill development on properties in the RM district is not contemplated in the Housing Element Land Inventory.

SECTION 4. SEVERABILITY
If any chapter, section, subsection, subdivision, sentence, clause, phrase, 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 val idity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each chapter, section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 6. POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City.

SECTION 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ___ day of __________, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

______________________________
Nancy Ross, Mayor

ATTEST:

____________________________
Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM:

____________________________
Eric S. Vail, City Attorney

CHAPTER 9.18

RM MULTIPLE-FAMILY RESIDENTIAL DISTRICT
Note: Prior ordinance history: Ords. 80 and 212.

§ 9.18.010. Purpose and intent.

To provide appropriately located areas for families living in a variety of types of dwellings at a medium to medium-high range of population density, and to provide space for community facilities needed to complement urban residential areas. (Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.020. Permitted uses.

Home occupations;
Multiple dwellings;
Single-family dwellings on lots no greater than 10,000 square feet, that are surrounded by existing development on two adjacent properties, and that do not have frontage on an Arterial Highway;
Small family day-care
homes; Supportive housing;
Transitional housing;
Employee housing;
Second dwelling unit/accessory dwelling unit;
Junior accessory dwelling unit;
Low barrier navigation center;
Group home.
(Ord. 263 § 6, 1989; Ord. 731 § 5, 2014; Ord. 862 § 2, 2022) § 9.18.030. Conditional uses.

The following uses may be permitted subject to a conditional use permit:

Boarding houses;
Churches, convents, monasteries and other religious institutions on a minimum of two acres; Day-care center;
Mobile home park;
Parking lots serving developments approved in an abutting commercial zone, sharing a common property line (or alley) with said proposed lot provided access is not permitted onto the residential street;
Exhibit A

Planned unit developments;
Private recreational facilities and ancillary commercial uses; Public parks and recreation facilities;

Public utility structures and public service facilities; however transmission lines serving only the immediate area are permitted without a conditional use permit; Schools, either public or private, but not including business or trade schools. (Ord. 263 § 6, 1989; Ord. 324 § 6, 1991; Ord. 699 § 5, 2011; Ord. 731 § 5, 2014; Ord. 862 § 2, 2022)
§ 9.18.040. Prohibited uses.

Uses not listed in this chapter are expressly prohibited. No land shall be used nor buildings and structures hereafter be erected, altered, enlarged, or otherwise modified in this zoning district unless said use and improvement is in compliance with the di strict provisions.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.050. Density.

All new residential development shall meet the following maximum density standards based on net lot area:

A. Multiple dwellings at the medium density range of four and one half to ten dwelling units per acre shall be permitted on any legally created lot (net lot area).

B. Multiple dwellings at the medium high density range of eleven to twenty dwelling units per acre shall be permitted on any legally created lot (net lot area).

C. Fractions over a whole unit shall not be considered an allowable unit.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.060. Lot dimensions.

All newly-created lots shall meet the following minimum net dimensions:

A. Area: twenty thousand square feet;
B. Depth: one hundred fifty feet;
C. Width: eighty feet; however, if it is found that the frontage of the lot must be narrowed because of street design or topographical constraints, the minimum lot width may be reduced provided that the dimension at the front property line is not less than thirty - five feet.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.070. Yard requirements.

All newly-developed lots shall have the following minimum yard dimensions:

A. Front yard: fifteen feet;
B. Side yard: ten feet for interior, fifteen feet for street side; C. Rear yard: ten feet, except that garages or carports may be located up to five feet from a rear property line provided there is no direct access to an alley; D. Setback to the vehicle entrance of garage or carport shall be twenty feet to any street or alley.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.080. Coverage and building height.

A. Maximum building coverage shall be sixty percent of net lot area; B. Building height shall not exceed twenty -six feet except where the building is within thirty feet of property zoned RE or R1. In such case, the building height shall not exceed sixteen feet within thirty feet from the property zoned RE or R1. The planning commission may permit an increase in the height up to twenty-six feet if it is found that such increase will not adversely affect adjacent properties. The planning commission review of an increase above sixteen feet shall be made through a design review application.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.090. Parking.

In addition to all the requirements of Chapter 9.58, the minimum parking shall be as follows:

A. Amount: one and one-half car parking spaces per unit.

B. Covered parking: at least one space per unit shall be covered.

C. Open parking: to be located in rear yards and interior side yard only. Open parking spaces shall be constructed of Portland cement concrete.

D. Location of parking: No vehicles shall be parked in any area except within approved garages, carports, or improved open parking spaces.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.100. Access to parking (driveways).

All parking spaces and structures shall be served by a driveway, private street or easement that meets the following standards:

A. Width of driveway serving one to three parking spaces: twelve feet; B. Width of driveway serving four to eight parking spaces: sixteen feet; C. Width of driveway serving more than eight parking spaces: twenty-five feet; D. Driveway with a required width twenty feet or less: the first one hundred feet in length shall be constructed of Portland cement concrete. After the one hundred- foot distance, the driveway may be constructed of asphalt concrete or other equivalent surface as approved by the city engineer;

E. Driveway with a required width over twenty feet: the first twenty-five feet in length shall be constructed of Portland cement concrete. After the twenty-five-foot distance, the driveway may be constructed of asphalt concrete or other equivalent surface as approved by the city engineer;
F. All driveway improvements shall be constructed to the satisfaction of the city engineer; G. Driveways shall not cover more than thirty percent of the required front or street side yard area.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.110. Fencing.

A. At the time of construction of any main building, a six -foot high solid masonry fence shall be constructed on all rear and side lot lines. The fence shall be constructed of decorative masonry with finished appearance consistent with the architecture of the main building.

B. If a fence exists at the required location, the requirement may be waived by the director if it is found that the existing fence is of sound construction with an expected life of at least ten years. For the purposes of this section, open fences are not considered a fence meeting this requirement.

C. Front yard fencing is not required. However, if constructed, the fence shall not exceed a height of forty -two inches in the required front yard and shall be constructed of decorative masonry consistent with the architecture of the main building and the rear and interior side yard fence.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.120. Open space.

Usable open space shall be provided at a minimum of four hundred square feet for each dwelling unit. This space may be provided as private outdoor living areas, balconies, decks or common recreational leisure area. Except in the case of balconies, such areas shall be landscaped and screened from the street and adjacent property. (Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.130. Landscaping.

There shall be an approved landscaping and irrigation system installed, subject to the standards of Chapter 8.57, in all areas of the lot not covered by impervious materials at the time of construction of the main buildings. City parkways shall be included in the landscaping. Natural areas may be integrated into the landscape plan, provided such natural areas are free of invasive weeds or a source of blow sand. Landscaping shall be designed to prevent irrigation water from flowing over paved surfaces. Turf areas shall be limited, and at least fifty percent of lot landscaping shall be native and/or drought-tolerant plant materials.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.140. Dwelling unit size.

The minimum dwelling unit size, based on number of bedrooms, are as follows:

Bedrooms Minimum Dwelling Unit Size
4 or more 1,350 sq. ft.
3 1,100 sq. ft.
2 900 sq. ft.
1 750 sq. ft.

Studio 600 sq. ft.

(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.150. Trash enclosures.

Trash enclosures constructed to the requirements of Chapter 9.88 shall be required for all developments with three or more dwelling units that have alley or private common drive access capable of accommodating refuse removal vehicles, and all developments with five or more dwelling units regardless of access. The trash enclosure shall not be situated within twenty-five feet of the front or main entrance to any dwelling on site or on adjacent properties.
(Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
§ 9.18.160. Design review.

Approval of development shall be processed per Chapter 9.78. (Ord. 263 § 6, 1989; Ord. 862 § 2, 2022)
O
RDINANCE No. ______
AN O

RDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AMENDING SPECIFIC PLAN 87 -26C TO ALLOW SINGLE FAMILY

DWELLINGS WHEN PERMITTED IN THE UNDERLYING ZONING DISTRICT

SUBJECT TO THE DEVELOPMENT STANDARDS OF THE UNDERLYING ZONING

DISTRICT
W
HEREAS, Specific Plan 87- 26 was adopted by the City Council by Ordinance Number 260 on June 14, 1989; and
W
HEREAS, Specific Plan 87-26 was amended by the City Council by Ordinance Number 360 on June 17, 1992; by Ordinance Number 633 o n December 13, 2006; by Ordinance Number 640 on February 28, 2007; and by Ordinance Number 828 on October 9, 2019 (referred to herein as Specific Plan 87-26C); and W
HEREAS, the proposed amendment to Specific Plan 87- 26C would establish consistency with the underlying zone district, as amended by Zoning Ordinance Amendment 25-0002, by allowing single family dwellings when permitted in the underlying zoning district and by clarifying that development of single family dwellings is subject to the development standards of the underlying zoning district; and W
HEREAS, on June 4, 2025 the Planning Commission of the City of Cathedral City conducted a public hearing on Zoning Ordinance Amendment 25-0002 and Specific Plan Amendment 25- 0002, and recommended City Council adoption of an ordinance adding single family dwellings as a permitted use in the subject zoning district and specific plan area under limited circumstances; and
WHEREAS, on June 25, 2025 the City Council held a duly noticed public hearing to consider the Project, including the Planning Commission’s recommendation.

THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY HEREBY FINDS AND ORDAINS AS FOLLOWS:

SECTION 1. SPECIFIC PLAN AMENDMENT 25-0002
Specific Plan 87-26C is amended to allow single family dwellings within the specific plan when permitted in the underlying zoning district and to clarify that the development of single family dwellings is subject to the development standards of the underlying zoning district as shown in Exhibit A.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Adoption of this ordinance is exempt from the California Environmental Quality Act (“CEQA”), pursuant to the “common sense exemption” of CEQA Guidelines Section 15061(b)(3), which states that a “project is exempt from CEQA if: [t]he activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” SECTION 3. SPECIFIC PLAN AMENDMENT 25-0002
The City Council hereby amends Specific Plan 87-26C based on the following findings:

1. The proposed amendment to Specific Plan 87-26C would establish consistency with the underlying zoning district, as amended by Zoning Ordinance Amendment 25-0002.

2. The proposed Specific Plan Amendment is consistent with Goal A of Specific Plan 87-26C, to foster development in appropriate areas by allowing changes that do not adversely affect existing uses. The proposed amendment, to allow single family dwellings when permitted in the underlying zoning district, would foster infill development compatible with the scale and density of existing residential development in the area.

3. The proposed Specific Plan Amendment is consistent with Goal B of Specific Plan 87- 26C, to minimize direct access to Date Palm Drive. The proposed amendment would require that single family dwellings are developed in accordance the standards of the underly ing zoning district. As amended by Zoning Ordinance Amendment 25- 0002, single family dwellings would be permitted in the RM District only for lots that do not have frontage on an Arterial Highway, which includes Date Palm Drive.

SECTION 4. SEVERABILITY
If any chapter, section, subsection, subdivision, sentence, clause, phrase, 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 val idity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each chapter, section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 6. POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City.

SECTION 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _________, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Nancy Ross, Mayor

APPROVED AS TO LEGAL FORM:

Eric S. Vail, City Attorney

TEXT OF PROPOSED SPECIFIC PLAN AMENDMENT

Specific Plan 87-26
June 14, 1989
Amended November 15, 2006
Amended February 14, 2007
Amended October 9, 2019
Amended July 9, 2025

PROJECT LOCATION

The Specific Plan area, consisting of approximately 42 acres, is located on the westerly side of Date Palm Drive, north of Dinah Shore Drive, south of Ramon Road and east of Rancho Vista Drive (see attached Vicinity Map).

SPECIFIC PLAN STATE LAW COMPLIANCE

This Specific Plan has been prepared pursuant to the provision of Sections 65450 through 65453 of the California Government Code and includes all the required components except for the following:

Energy
Solid Waste Disposal

Energy: This component is not included in the Specific Plan sine the Plan area and surrounding areas are largely developed. All energy facilities required to serve the subject area have been planned for and are available. Permitted development within the Specific Plan area will not call for any substantial upgrading of existing facilities.

Solid Waste Disposal: This component is not addressed because the City of Cathedral City contracts trash services from Burrtec and sewer service from Coachella Valley Water District.

Private septic systems are serviced by private companies. All disposal sites are located outside the limits of Cathedral City. These services will continue throughout the city and are currently available to the Specific Plan area. Detailed analysis of solid waste disposal system and trash enclosures will be studied during development review.

The adoption of a specific plan constitutes a project under the California Environmental Quality Act and therefore an Environmental Assessment will accompany this report.

Exhibit A

GENERAL PLAN COMPLIANCE

The Specific Plan is based on the Cathedral City General Plan and its goals, objectives and policies. The Specific Plan will serve as an implementation tool for the General Plan and work in conjunction and as a supplement to all other City codes including the Zoning Ordinance.

General Plan Land Use policy and applicable zoning standard will remain the guide for land use development.

GOAL A To stimulate changes in land use of existing nonconforming uses and to allow mixed land use in appropriate areas to foster development. Also, to allow for changes without adversely affecting existing uses.

OBJECTIVE To create standards which facilitate individual development interests and provide a unified concept while protecting the nature of the residential area by limiting certain commercial uses.

OBJECTIVE To allow various housing types as permitted in the R2- B (Multiple Family Residential with Bonus Density Overlay) zone within areas zoned for commercial development.

GOAL B To enhance traffic safety by minimizing direct access to Date Palm Drive, Dinah Shore and Rancho Vista Drive.

OBJECTIVE To provide an access alternative through common Drives and access ways.

OBJECTIVE To require reciprocal access and common parking lot arrangements for all commercial properties when individual lots or groups of lots develop.

GOAL C To encourage better planned development which is in scale with Date Palm Drive as major corridor.

OBJECTIVE To encourage owners to consolidate lots of record or assemble parcels through acquisitions into larger parcels to maximize development potential and provide a practical design solution for this area.

GOAL D To encourage innovative design approaches along Date Palm Drive and Dinah Shore Drive, two major corridors into the City.

OBJECTIVE To provide an architectural theme for commercial and multiple family projects which compliment the style of housing occurring in the neighborhood.

OBJECTIVE To provide development standards which facilitate quality planned development of commercial and residential uses.

GOAL E To encourage the use of innovative designs in the Date Palm Corridor that incorporate both residential and commercial land uses.

OBJECTIVE To provide opportunity for mixed use development that incorporate both commercial and residential land uses in the same building to facilitate more flexible land uses.

OBJECTIVE To provide opportunity for live/work units that will facilitate home based businesses that will seamlessly fit into residential development.

The following are the development conditions that will implement the above mentioned goals and objectives:

General:

1. The site shall consist of one Planning Units as depicted in Exhibit A, dated May 31, November 1, 2006. The base zone is:

PCC (Planned Community Commercial)

2. Uses permitted and/or conditionally permitted in the R2- B Zone shall be limited to the Specific Plan Area north of Corral Street that have frontage on Rancho Vista Drive or south of Corral Street and a point to the south approximately 384 feet north of Dinah Shore Drive (which excludes the Walgreens Parcel which is 680- 482-022) except as otherwise specified herein and subject to the following Development Standards:

a. A Conditional Use Permit shall be required for all residential development including any mixed use development which includes residential within the Specific Plan area; and

b. All residential development in the Specific Plan area shall comply with the requirements of the Multiple Family Residential District (R2) and Density Bonus (B) Development Standards unless otherwise specified herein; and

c. All residential development shall provide the required sound insulation in exterior walls, doors, windows and required ventilation systems in order to comply with the requirements for residential land uses as required in the Noise Element of the General Plan; and

d. All residential development shall provide at least one common recreational amenity on the project site which may include, but not be limited to a pool, clubhouse, tennis court, spa, pedestrian garden, or courtyard of adequate size and configuration or similar amenity to promote social activity; and

e. Residential land uses at R2-B density may be permitted above ground level commercial land uses subject to a Conditional Use Permit and the following criteria:

1) Ground level commercial land uses shall only be permitted or conditionally permitted in the Mixed Use Commercial (MXC) zone;

2) Parking shall be provided pursuant to R2- B standards for residential and Section 9.58 of the City Zoning Ordinance for commercial standards. A parking structure utilizing shared parking arrangements may be approved in lieu of R2- B garage standards. A parki ng study shall be required pursuant to Section 9.58.060 if shared parking is proposed.

3) Maximum lot coverage and setbacks shall comply with the requirements as set forth in the PCC Zone.

4) Maximum height shall be 36 feet as required in the PCC Zone.

5) Exterior living space in the form of open space, patios, balconies and/or terraces shall be provided for all residential land uses. Each dwelling shall provide a minimum exterior space of 80 square feet per dwelling unit and at least 5 feet in depth. Exterior living space above commercial land uses shall be subject to the commercial provision of the City Noise Element.

6) Permitted residential densities shall be as prescribed in the R-2 Zoning District (Section 9.16.050 B, C, and D) except that lots less than 31,350 square feet, based on legal lots of record, shall have no greater than one unit per 4,800 square feet of lot area. All Developments with live/work and/or first -floor commercial components may provide densities based on the R-2 Zoning District’s Density for the pro rata share of lot that is devoted to live/work and the remainder shall meet the applicable density required by this Section. The fraction of a unit of the pro rata share of different densities can be added together but any fraction remaining after the sum cannot be rounded up.

7) All mixed use projects shall have separate entrances for both the residential and commercial portions od the project. There shall be no internal access between the commercial and residential land uses.

3. One-family dwellings shall be subject to the standards of the underlying zoning district.

4. Any transient occupancy use such as a hotel, motel, inn or lodging facility as permitted or conditionally permitted in the PCC zone shall provide at least one active, common, recreational amenity on the project site which may include, but not necessarily limited to a pool, clubhouse, tennis court, spa, or similar amenity.

5. The following uses are prohibited within the Specific Plan area. - Automotive, truck and/or recreational vehicle sales
- Automotive repair and/or service
- Automobile service stations*
- Mobile home, RV, and other similar vehicle sales and/or service - Fast food restaurants, drive-thru restaurants
- Bars and cocktail lounges (except when in conjunction with a restaurant of greater than 1,800 feet of customer service area dedicated to dining) - Convenience Markets/Liquor stores*
- Any other similar use that is oriented to vehicle sales and service or to high customer concentrations.
- Large family day care homes
- One-family dwellings (except as permitted in the underlying zone district) - Small family day-care homes in one and two-family dwellings only - Day-care center
- Mobile home park

* These uses may be permitted at a four-way signalized intersection where all four legs are public streets and are designated as arterial and collector or local collector streets in the General Plan and subject to the approval of a Conditional Use Permit.

6. Where a commercial use has frontage on Rancho Vista Drive, a minimum five foot high masonry wall shall be constructed along the Rancho Vista frontage 7 feet from the property line, except where building orientation creates a buffer by eliminating activity on that side of the project. The 7- foot wall setback shall be maintained as a planter and contain: an irrigation system and landscape material sufficient to screen commercial activity as approved by the Architectural Review Committee.

7. The designated alignment of Date Palm Drive shall be dedicated based on the City General Plan or as mended by the City. In addition, all necessary street improvements and widenings shall be guaranteed to the satisfaction of the City Engineer prior to the issuance of building permits.

8. Each parcel shall be limited to a single access drive from Date Palm Drive except no access shall be permitted to Date Palm Drive where access is available to a side street or via a reciprocal access drive. Any improvement to an existing development requiring design review and/or Conditional Use Permit shall also require reevaluation of Date Palm access and existing driveways.

9. Any commercial property, or mixed use residential project, having Rancho Vista Drive frontage shall be limited to a single access drive from Rancho Vista. The drive shall be a maximum of 16 feet wide, limited to employee, and customer or resident access only, and designed so as to be prohibitive for or to greatly discourage delivery truck access.

10. All corner lots on Date Palm Drive shall take access from side streets or common accessways unless this condition is prohibitive to any access. Where a corner lot takes access from Date Palm Drive a traffic study shall be submitted to and approved by the City Engineer.

11. The setback from date Palm Drive and/or Dinah Shore Drive shall be a minimum of 25 feet from curb face. Said setback area shall be landscaped except where driveway approaches are permitted to cross.

12. The minimum spacing between access driveways on Date Palm Drive and Dinah Shore Drive shall be 200 feet, and no access will be allowed within 200 feet of Date Palm Drive/Dinah Shore Drive corner unless this condition is prohibitive to any access.

13. At time of development of any property, reciprocal public street access provisions shall be offered which state that common street access shall be constructed at the interior lot line so as to be shared by adjacent future development. This condition shall apply only when adjacent property(ies) are undeveloped or when previous development has planned for reciprocal access.

14. Any parcel under consideration for site plan approval or building permits between Dinah Shore and 33
rd Avenue shall contribute a pro rata share of funds toward the installation of a future traffic signal at the intersections of Date Palm Drive and Ortega Road. Signal share contributions shall be based on the rate of
$500.00 per net acre.

15. The overall architectural style of the project shall consist of a California Spanish or Desert Modern architectural motifs. The California Spanish theme shall include architectural features such as: Architectural plant -ons, wing walls, arches, sloped concrete tile roofs, heaving beam trim or patio trellis work, heavy textured stucco exterior walls or walls of heavy textured masonry (slumpstone or split-face concrete block). The Desert Modern theme should include features such as simple geometric forms, non- textured stucco or block exterior, minimal or namentation, large glass windows, deep overhangs, flat low pitched or angular roofs, and stone veneers.

16. All commercial buildings shall contain covered pedestrian arcades for the front yards facing any public right-of-way and/or private parking lot.

17. Commercial signage shall not be permitted along the frontage of Rancho Vista Drive. Wall signage shall only be permitted at the ground level.

18. Live/work uses shall be allowed within the Specific Plan area and comply with Zoning Ordinance provisions as follows:
a. Definition described in Section 9.08.020.
b. Conditional Use per Section 9.25.030
c. Parking requirements of Section 9.25.90
d. All live/work units shall have the same tenant in both the commercial and residential portions of the project.

19. Residential Yard Requirements: Pursuant to Section 9.16.70, the following may be utilized to vary the building frontage (i.e. massing) along front and rear yard setbacks:
a. An encroachment of up to three feet may be allowed for the front and rear yard setbacks if limited to 33% of the total frontage and the overall average setback is fifteen feet or greater.
b. Garage vehicular doors may not face the street within the encroachment.

EXHIBIT ‘A’

AREA OF PROPOSED SPECIFIC PLAN AMENDMENT

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________
To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Proj ect: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________
Area Code/Telephone/Extension: _______________
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:

Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Cathedral City
2724 Gateway Drive
Zoning Ordinance Amendment 25-0002 and Specific Plan Amendment 25-0003 City of Cathedral City, Community and Economic Development Department Cathedral City
Riverside
Cathedral City City Council
Dominique Camps
X
Dominique Camps
760-770-0380
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Riverside County
Riverside, CA 92507
Ordinances amending Chapter 9.18 of the Cathedral City Municipal Code to add single family dwellings as a permitted use in the RM (Multiple-Family Residential) District under certain provisions, and amending Specific Plan 87-26C to allow single family dwellings when permitted in the underlying zoning district and to clarify that single family dwellings are subject to the development standards of the underlying zoning district.

The Project is applicable to eligible properties in the RM district, within the planning area of Specific Plan 87-26C, located on the west side of Date Palm Drive, south of Ramon Road, east of Rancho Vista Drive, and north of Dinah Shore Drive.

Commonsense exemption 15061(b)(3)
The proposed Zoning Ordinance Amendment and Specific Plan Amendment are text amendments only, and do not propose any new development. They are covered by the commonsense exemption which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

The future development of single family dwellings facilitated as a result of the proposed amendments would be ministerial projects, statutorily exempt from CEQA pursuant to Section 15268 of the CEQA Guidelines.

9 7
6 Staff Report
City Council
Item No. 5.C
Meeting Date: June 25, 2025
From: Andrew Firestein, Director of Community and Economic Development Title: Zoning Ordinance Amendment 25-0003
RECOMMENDATION:

Find Zoning Ordinance Amendment 25-0003 exempt from the California Environmental Quality Act, introduce an ordinance amending Title 9 Planning and Zoning of the Cathedral City Municipal Code to add Chapter 9.09 (Public Notification and Community Meetings) and to amend Chapters 9.05, 9.52, 9.72, 9.74, 9.76, and 9.78 to delete existing provisions that conflict with new Chapter 9.09 relating to public notification requirements.

BACKGROUND:

Based on a request by the Planning Commission, led by Commissioner Mead, to evaluate the City’s public noticing requirements to consider expanding the notification provisions so that residents in apartment complexes and similar nonowner occupied communities could be provided notice of public hearings on projects in proximity to their homes, the Planning Commission held discussions, on March 5th and April 16th, 2025, to discuss proposed changes to the zoning code to provide such notice.

For reference purposes, certain land use applications, such as conditional use permits, variances, and subdivisions are subject to noticed public hearings before the Planning Commission. Legislative applications, such as general plan amendments and zone changes require noticed public hearings before both the Planning Commission and City Council.

The California Government Code establishes standards for the content of the public notice as well as the timing of providing the notice. Cathedral City follows the provisions of the Government Code, requiring publishing of the public hearing notice and the mailing of notices.

As it pertains to mailed notices, Government Code section 65091 establishes that written notice must be provided at least 10 days prior to the public hearing. For zoning amendments that affect permitted uses on real property, notice of the Planning Commission meeting must 9 7
6 be provided at least 20 days prior to the public hearing.

The hearing notice must also be:
• Mailed to the property owner of the subject property; and • Mailed to the property all property owners within a 300-foot radius of the property, and • Mailed or delivered to each local agency that provides services, e.g. water, sewer, etc.

The Government Code also allows the local jurisdiction to expand the requirements in any other manner it deems necessary or desirable.

During the Planning Commission meetings, staff presented research results of the notification requirements of cities within and outside of the Coachella Valley and presented a menu of options for expanded notification and community participation for consideration.

The research results of other cities are shown below:

City/Agency Notification Radius Additional Requirements Coachella Valley
Cathedral City 300 feet None
Coachella 300 feet 500 feet for wireless telecommunication facilities
Desert Hot Springs 300 feet None
Indian Wells 300 feet Notice to tenants and property
managers of commercial property,
owner’s associations
Indio 500 feet •Onsite posting
•Neighborhood meeting
La Quinta 500 feet None
Palm Desert 500 feet
1,000 feet for sites of
5 acres or more
•HOAs in a common interest
developments
•Noticing of ARC meetings that will
require PC/CC approval
•On-site signs
•Community Engagement
Palm Springs 500 feet Onsite posting
Rancho Mirage 500 feet 1,000 feet if mailed notices are less than 25 County of Riverside 300 feet Onsite posting with legislative application
Outside of Coachella Valley
Irvine 500 feet Onsite posting
Ontario 300 feet Onsite posting
Moreno Valley 600 feet None
Rancho Cucamonga 660 feet Onsite posting for large projects, high intensity projects, an EIR, or legislative
acts
Temecula 600 feet Onsite posting
9 7
6 Based on the discussions and direction of those meetings to amend the zoning code to provide expanded public notification requirements, Zoning Ordinance Amendment 25-0003 was presented to the Planning Commission at a noticed public hearing on May 21, 2025.

The zoning amendment proposes to add Chapter 9.09 Public Notification and Community Engagement to the zoning code and also proposes revisions to several existing sections of the zoning code to ensure consistency with new Chapter 9.09. These changes are included in the attached Ordinance as Exhibits A and B. For easy reference, redlines of Exhibits A and B are also provided in this agenda report as Attachments 2 and 3.

DISCUSSION:

New Chapter 9.09 Public Notification and Community Meeting The Planning Commission’s recommended zoning code amendments are summarized below:

Notification
Standard
Draft Ordinance Provisions Summary
Notification radius •Increase to 500 feet for all
projects
•Increase to 750 feet for project
sites of 5 acres or more
The notification radius for projects
subject to public hearings, is
proposed to be increased, to
encompass more properties within
notification radius. The larger the
project site, the larger the mailing
radius. This increase is consistent
with many cities in the Valley.

Notice provided to: •Real property owners and
occupants within the project
site and mandated radius
•Tenants within commercial
properties
•Residents within apartment
complexes and similar
communities
The recommendation also proposes
expanding the mailed notification
requirements to include renters,
occupants and tenants within
commercial properties. This is the
most meaningful change as it goes
beyond the minimum standard of
only provided notice to real property
owners within the notification radius
and speaks to the Commission’s
desire to provide notice to renters,
occupants and business owners.

Only those residents, renters and
commercial tenants within the City
will receive notification, as this
information is not readily available.

Community
engagement
•Require neighborhood
outreach for discretionary
projects on project sites of 5
acres or greater and
establishes procedures
Another most significant change
proposed is to require applicants to
conduct a community engagement
meeting. This outreach effort is
already in place in the Cities of Indio
and Palm Desert.
9 7
6 The proposed provisions for
community engagement require the
applicant to present the project to
property owners, occupants, and
renters within the applicable mailing
radius. The meeting must be held in
proximity to the project site and
within reasonable hours.

This is an applicant led meeting.

Staff may or may not attend, and if
staff does attend it is for
informational purposes only.

The community meeting is required
to be held no more than 30 days
prior to or no later than 20 days after
application submittal. A summary
report is required to be submitted to
the City prior to the scheduling of any
public meeting.

The summary report includes copies
of the mailed notice, sign in sheets,
copies of written and plans
presented, copies of written
comments, if any, and a summary of
the issues or concerns raised. The
summary report is reviewed by staff,
but the City’s is not bound by any
agreements made between the
applicant and the community
members
Onsite public hearing
signs
•This requirement was removed Given the amendments already proposed to expand notification
efforts, this requirement was
removed and could be re-considered
in the future.

Existing code sections to be amended
Attachment 3 is a redline version of existing sections within the zoning code that require amendment to eliminate conflicts with proposed Chapter 9.09. Additionally, for clarity and predictability, it is more appropriate to have a centralized section in the zoning code that address public notification requirements.

Environmental Review:

The proposed zoning code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), referred to as the common-sense exemption which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
9 7
6 The proposed amendment will establish public notification requirements for projects subject to public hearings and provide for community engagement of certain projects. These requirements do not have the potential for causing a significant effect on the environment.

FISCAL IMPACT:

Other than Staff and City Attorney costs, implementation of the ordinance will not adversely impact the City’s fiscal resources as the City’s fee resolution recoups staff costs associated with public noticing requirements.

FIVE-YEAR STRATEGIC PLAN:

Goal F - EMBRACING, INCLUSIVE COMMUNITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options and vibrant businesses. Our neighborhoods are attractive, well-maintained, and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.

ATTACHMENTS:

1. Draft Ordinance – Public Notification Provisions

2. Redline of proposed Chapter 9.09 Public Notification and Community Engagement

3. Redline of proposed revisions to existing code provisions

4. Notice of Exemption
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CALIFORNIA, AMENDING TITLE 9 PLANNING AND ZONING OF THE CATHEDRAL CITY MUNICIPAL CODE TO ADD CHAPTER 9.09 (PUBLIC

NOTIFICATION AND COMMUNITY MEETINGS) AND TO AMEND CHAPTERS

9.05, 9.52, 9.72, 9.74, 9.76, AND 9.78 TO DELETE EXISTING PROVISIONS THAT CONFLICT WITH NEW CHAPTER 9.09 RELATING TO PUBLIC

NOTIFICATION REQUIREMENTS
WHEREAS, Section 65090 of the California Government Code mandates the minimum public hearing noticing requirements, including publishing of the notice in a newspaper of general circulation and providing mailed notice to real property owners within a 300-foot radius of project sites; and WHEREAS, Section 65090 of the California Government Code also provides that in addition to the notice requirements contained in section 65090, a local agency may give notice of the hearing in any other manner it deems necessary or desirable; and
WHEREAS, the Planning Commission of the City of Cathedral City requested evaluation of the public hearing notification requirements for development projects, including potential changes to increase public awareness and participation; and
WHEREAS, on May 21, 2025, the Planning Commission of the City of Cathedral City conducted a public hearing on zoning code amendment 25-0003, and recommended City Council adoption of an ordinance expand public hearing notification standards and to provide for community engagement of certain development projects.

WHEREAS, the City Council of the City of Cathedral City deems it is necessary and desirable to expand the minimum public hearing notification requirements to provide for additional community participation and engagement.

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

SECTION 1. AMENDMENT OF TITLE 9 PLANNING AND ZONING OF THE

CITY OF CATHEDRAL CITY MUNICIPAL CODE
Title 9 of the Cathedral City Municipal Code is amended to add Chapter 9.09 (Public Notification and Community Meetings) and revise Chapters 9.05, 9.52,

9.72, 9.74, 9.76, and 9.78 as shown in Exhibits “A” and “B”, attached hereto.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), referred to as the commonsense exemption which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA
SECTION 3. SEVERABILITY
If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The city council hereby declares that it would have adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. POSTING
The city clerk shall, within fifteen (15) days after passage of this ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this city.

SECTION 5. CERTIFICATION
The foregoing ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________

NANCY ROSS, MAYOR
ATTEST:

____________________________

TRACEY HERMOSILLO, CITY CLERK
APPROVED AS TO FORM:
____________________________
ERIC S. VAIL, CITY ATTORNEY

EXHIBIT A
Title 9 of the Cathedral City Municipal Code is revised to add Chapter 9.09 as follows:

Chapter 9.09 Public Notification and Community Meetings Section 9.09.010 Public Hearing and Public Notice
Section 9.09.020 Community Engagement
Section 9.09.010 Public Hearing and Public Notice.

A. Public hearing required. The following procedures govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, design review, planned unit development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council.

1. Notice affecting an ordinance or zoning ordinance amendment.

If a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice of the hearing shall be given pursuant to this chapter, except that the notice shall be published, posted, mailed, and delivered, as applicable, at least 20 days before the Planning Commission hearing, and at least 10 days before the City Council hearing.

B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing

1. Mailed Noice. At least 10 days prior to the date of the public hearing, the Director, or the City Clerk for hearings before Planning Commission and/or City Council, shall provide notice by First Class mail delivery to:
a. The applicant, the real property owner or real property owner’s duly authorized agent, and any occupant of the subject
property; and
b. All real property owners of record within a minimum 500-foot radius of the subject property as shown on the latest Riverside County tax assessor’s assessment roll or a larger radius if deemed necessary by the Director in order to provide
adequate public notification. For project sites of 10 acres or greater in size, the radius shall be increased to 750 feet; and c. All business owners of non-residential property and occupants and residents of non-owner occupied real property located within the city and within the required 500 foot or 750 foot radius of the subject property; and
d. Any person or group who has filed a written request for notice regarding the specific application; and
e. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
f. As provided for in government code section 65093, the failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.

2. Published Notice. Notice of public hearing shall be published in at least one newspaper of general circulation in the City.

3. Posting of notices. At least 10 days before the date of the public hearing, or 20 days pursuant to paragraph A.1 above, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least three places.

C. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable.

D. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

Section 9.09.020 Community Engagement
A. Purpose. The purpose of the community engagement meeting is for an applicant of a proposed project to hold a meeting with surrounding and adjacent neighboring residents, property owners, and businesses prior to submitting an application to the City. The intent is to present project information and engage in a public outreach meeting early in the development review process of new projects so that the community would have an early opportunity to become familiar with the proposed project and identify any associated project issues or concerns. The community engagement meeting is intended to assist in producing applications that are responsive to neighborhood concerns, and to reduce the likelihood of delays and appeals. The City expects an applicant to take into consideration the reasonable concerns and recommendations of the neighbors and other interested persons when preparing an application.

B. Applicability. Community engagement meetings are required for any for any project that is five (5) acres, or greater, and requires discretionary approval, including, but not limited to, any request for a discretionary approval of a Conditional Use Permit, Tentative Map, Planned Unit Development, Specific Plan, General Plan Amendment, Change of Zone, Development Agreement, Variance, or combination thereof. At the discretion of the Director, the Director may require Community Engagement Meetings for any project less than 5 acres due to extraordinary or exceptional factors.

C. Time frames to hold a community engagement meeting.

1. An applicant shall conduct a community engagement meeting not more than thirty days prior to, and not later than 20 days after, the date the project application is submitted to the City.

2. The applicant shall not be required to hold more than one community engagement meeting. However, if the Director determines that there are substantive and significant changes between the project presented at the community meeting and when the project is determined to be accepted by the city, the Director may require the applicant to conduct an additional neighborhood review meeting to solicit additional feedback prior to the scheduling of any required public hearings.

D. City Participation. The community engagement meeting is intended to be a developer-community interaction, and the developer is solely and exclusively responsible for holding the meeting required in this section. City staff are not required to attend and/or participate in the community meetings, and the meeting shall not be considered a public hearing. There will be other official opportunities for residents and neighbors to make comments during the development review process that would follow the neighborhood review meeting. Any City staff attendance at a neighborhood review meeting is for informational purposes only, does not represent the City’s position on the merits of the development proposal and does not constitute an approval or denial of an application, now or submitted in the future.

E. Procedures.

1. The applicant shall select the meeting time and place. The starting time selected shall be limited to a weekday evening after 6:00 p.m. or a weekend at any reasonable time and shall not occur on a Federally recognized holiday. The meeting shall be held at a location open to the public and in compliance with the Americans with Disabilities Act. The public meeting shall be held within the city of Cathedral City and as close to the subject property as practical to minimize the distance that attendees need to travel to participate, unless an alternate meeting location is approved by the Director.

2. The applicant shall send by regular first class mail a written notice announcing the community engagement meeting to the Director and those parties that would receive notice within a 500 foot or 750 foot radius of the project site, as specified in section 9.09.010.B.1 of this chapter. The Director at his/her discretion may request the applicant to increase the mailing area size for the written notification if he/she believes that the nature of the project will result in the need for more public awareness.

3. The notice shall include the date, time and location of the meeting and briefly discuss the nature and location of the proposal. The notice shall be mailed not less than 20 days prior to the meeting date.

The mailing list shall be obtained from the Director by the applicant.

4. A sign at the building entrance and the notices sent by mail shall each contain the following statement: The intent of this meeting is to facilitate an early informal discussion between the project developer and the neighbors regarding the project. While required by the City of Cathedral City this meeting is not conducted by the City of Cathedral City and is in addition to any future hearings or public comment opportunities available under the City’s development review processes.

5. At the community engagement meeting, the applicant shall describe the proposed application to persons in attendance. The attendees may identify any issues that they believe should be addressed in the application and recommend that those issues be submitted for City consideration and analysis.

6. The applicant shall prepare and make available the following materials for review and discussion at the public meeting:
a. Type, location, conceptual building elevations and total number of dwelling units for residential expected to be built; and b. Type, location, and conceptual building elevations for non- residential projects; and
c. Conceptual site plan/plat layout showing buildings, road layout, parking, landscaping, topography and open space areas, and adjacent properties; and
d. Aerial photograph showing the subject property and adjacent properties.
e. At the community engagement meeting, a sign-in-in sheet shall be distributed to all meeting attendees that specifies the date, time, and location of the community engagement meeting and asks for the name, address, phone number, an electronic mail address of each meeting attendee, and whether the attendee wishes to receive notice of any future meetings or public hearings related to the project.
f. At the community engagement meeting, the applicant shall take notes of the discussion on the proposed application for eventual submittal to the City.

F. Community Engagement Summary Report.

1. The applicant shall submit a community engagement summary report summarizing the outcome of the community meeting required by this section and submit the community engagement report to the City prior to the first public hearing or other public meeting for the project held by the City. The summary report will be included as an exhibit as a part of the agenda report that is published prior to the public hearing, and shall include the following:
a. Dates, times, and locations of all meetings that attendees that received notice to attend to discuss the project, as specified in section 9.09.020.E.2 of this chapter
b. A copy of the mailed notice
c. The names and affiliation of those that attended the meeting that represented the applicant.
d. The names and department of staff that attended the meeting. e. A sign-in sheet listing the names of the attendees that participated in the process, including their name,
address, phone number, electronic mail address, and
identifying whether the attendee requested notice of
any future meeting or hearing.
f. An affidavit of the mailed notices
g. Copies of written materials and plans presented at the community engagement meeting
h. A copy of any written comments received during the
meeting and a written summary of issues or concerns
raised by attendees during the community engagement
meeting.

2. If the applicant did not receive any responses to the meeting notice and no one attended the community engagement meeting or persons in attendance made no comments, the applicant shall submit evidence as indicated above, with the notes reflecting the absence of comment, attendance, or both.

G. Consideration of the community engagement summary report.

The City shall consider as part of the development review process the concerns and issues raised by the neighbors and applicant at the community engagement meeting, including any agreed-upon solutions or resolutions to outstanding issues or areas of contention. The City, however, shall not be bound in its decision-making by any agreements or understandings made between the neighbors and applicants. Nothing in this section shall be construed to delegate development review decision-making authority to participants in the community engagement meeting.

Exhibit B
Existing Code Section Revisions
Section 9.05.045 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.05.045. Setting of public hearing before the planning commission.

Upon completion of the staff report required by Section 9.050.040 of this chapter, a public hearing shall be held by the planning commission in order to consider the proposed development agreement and the director's staff report. The city planner shall give notice of the public hearing and the planning commission's intention to consider at the hearing recommending adoption of a proposed development agreement to the city council. Such notice shall be provided in accordance with chapter 9.09 of this title.

Section 9.05.050 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.05.050. Contents and manner of providing notice of public hearing.

Except as provided in Section 9.05.095 of this chapter, notice of any public hearing required by this chapter shall be provided in accordance with chapter 9.09 of this title.

Section 9.05.065 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.05.065. Hearing before the city council—Review criteria.

A. After the recommendation of the planning commission or after the expiration of the time period specified in Section 9.50.060 of this chapter for planning commission consideration, the city planner shall give notice of a public hearing before the city council to consider the proposed development agreement. The notice shall be provided in the manner set forth in chapter 9.09 of this title. After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may approve, disapprove or approve with amendments the proposed development agreement. The city council may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall hold a public hearing in accordance with this chapter on any matters referred back to it by the city council.

B. The development agreement may not be approved unless the city council finds that the development agreement:

1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

2. Is compatible with the uses authorized in the zone in which the real property is located;

3. Is in conformity with the public necessity, public convenience, general welfare and good land use practices;

4. Will not be detrimental to health, safety and the general welfare;

5. Will not adversely affect the orderly development of the property;

6. Will have a positive fiscal impact on the city; and

7. Contains the mandatory terms and conditions set forth in Section

9.05.100 of this chapter.

Section 9.05.085 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.05.085 Periodic review
A. Pursuant to Section 65865.1 of the Government Code, the city council shall hold a public hearing to review the development agreement at least every twelve months from the date the development agreement is entered into. The purpose of this periodic review is to determine whether the applicant or authorized successor in interest thereto has complied in good faith with the terms or conditions of the development agreement.

B. The city planner shall give notice of the public hearing in the manner specified in chapter 9.09 of this title.

C. The applicant or any authorized successor in interest thereto shall demonstrate at the hearing good faith compliance with the terms of the development agreement.

D. If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or authorized successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the city council may commence proceedings to enforce, modify or terminate the development agreement pursuant to Section 9.05.095 of this chapter.

Section 9.05.095 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.05.095 Modification or termination procedures A. If upon a finding under subsection (D) of Section 9.05.085 or 9.05.090 of this chapter, the city council determines to proceed with modification, suspension or termination of the development agreement, the city council shall hold a public hearing and give notice of such hearing pursuant to chapter 9.09 of this title.

B. At the time set for the hearing, the city council may take such action, as it deems necessary to protect the interests of the city. Any action to terminate, modify or suspend the development agreement shall be by ordinance and shall be based upon findings, supported by substantial evidence.

Section 9.52.090 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.52.090. Amendment.

This chapter may be amended only after the following steps have been taken:

A. Conservancy/Land-Holding Trust — Public Hearing. The Cathedral City mountain conservancy or the Cathedral City land-holding trust shall hold at least one public hearing before any amendment is made to this chapter. Notice of the public hearing shall be provided in accordance with chapter 9.09 of this title. In addition, notice shall be mailed to residents in accordance with Section 9.52.040(C)(1)(a) of this chapter.

B. Conservancy/Land-Holding Trust — Action. The approval by the conservancy or land- holding trust of an amendment to this chapter shall be by resolution carried by the affirmative vote of not less than a majority of its total voting members. Upon approval by the conservancy or land-holding trust, the amendment to this chapter shall be transmitted to the planning commission.

C. Planning Commission — Public Hearing. The planning commission shall hold at least one public hearing before any amendment is made to this chapter. Notice of the public hearing shall be in accordance with chapter 9.09 of this title. In addition, notice shall be mailed to residents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.

D. Planning Commission — Action. The approval by the planning commission of an amendment made to this chapter shall be by resolution of the commission carried by the affirmative vote of not less than a majority of its total voting members. Upon approval by the planning commission, the amendment to this chapter shall be transmitted to the city council.

E. City Council — Public Hearing. Before adopting the amendment to this chapter, the city council shall hold at least one public hearing. Notice of the public hearing shall be in accordance with chapter 9.09 of this title. In addition, notice shall be mailed to residents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.

F. City Council — Action. No amendment to this chapter shall pass unless carried by the affirmative vote of four-fifths of the city council.

Section 9.72.070 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.72.070. Planning commission and city council public hearings— Procedure.

A. Notice of public hearing shall be provided in accordance with chapter

9.09 of this title.

Section 9.72.080 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.72.080. Appeal process.

A. Any person aggrieved or affected by the final determination of the planning commission concerning an application for a conditional use permit including any conditional requirement imposed on the project may appeal the decision within ten calendar days from the planning commission's decision by filing the city's appeal application with the planning department and paying the established fee as set forth by the city council.

B. The city planner or designee shall schedule a public hearing and provide notice in accordance with chapter 9.09 of this title.

C. The city planner or designee shall transmit to the city council a written report, copies of the application, and copies of all other papers constituting the record upon which the commission's decision was taken, including, but not limited to, the minutes of all hearings thereon and shall submit to the council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a conditional use permit.

D. The council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or ordered to be reviewed by the council. After reviewing the record of the commission's proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, including, but not limited to, the application, minutes of hearings, notice of appeal and the commission's report, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.

E. On the date a notice of appeal is filed under this chapter, or on the date the council orders a review of the commission's determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.

Section 9.72.13 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.72.130. Revocation.

A. The planning commission and/or the city council, on their own motion may, initiate a revocation and shall hold a hearing to make a recommendation to the city council upon the question of the revocation of a conditional use permit granted under, or pursuant to, the provisions of this chapter. The city council shall be the final acting body for all revocation proceedings.

B. Revocations shall be a public hearing and notice of such hearing shall be provided in accordance chapter 9.09 of this title.

C. A conditional use permit, whether granted automatically for a nonconforming prior use, or pursuant to a hearing, may be revoked if the commission and council find:

1. That the use is detrimental to the public health or safety or is a nuisance.

2. That the conditional use permit was obtained by
misrepresentation or nonstatement of facts.

3. That the use for which the permit was granted is not being exercised.

4. That the use for which the permit was granted has ceased; or been suspended for one year or more.

5. That the condition of the improvements, if any, on a property for which a nonconforming conditional use permit is operative is such, that they can be used or altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.

6. That the applicant has failed to comply with the development approval and/or conditions of approval.

Section 9.74.070 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.74.070 Public hearing-Date-Notice
A. Upon the filing of any such application and the payment of the required fee, the secretary of the planning commission shall set a date for one public hearing thereon before said commission. Notice of the public hearing shall be provided in accordance with chapter 9.09 of this title.

Section 9.74.110 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.74.110 Council action.

Upon receipt of a recommendation for approval, together with the commission's report and reasons relative thereto, the council shall within not less than ten nor more than thirty days of said receipt conduct a public hearing, with notice as provided in accordance with chapter 9.09 of this title.

After the council has conducted said hearing with notice thereof as provided above, the council shall either:

A. Confirm the recommendation of the commission and effect such change or amendment by ordinance; or
B. If the council does not agree with all or any part of the commission's recommendations, refer the matter back to the commission for a report on the parts in question. Upon receiving the report of the commission, the council may, by ordinance, effect any change or amendment even though the commission does not concur.

Section 9.74.130 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.74.130 Denial-Appeal
A. If the commission denies or does not make a determination within the time limit specified, the applicant may, within ten days from the date the notification of denial was mailed to said applicant or upon termination of the time limit, appeal to the council by written notice of appeal filed with the city clerk. Said appeal shall be filed in duplicate and shall set forth specifically wherein the commission's findings were in error and wherein the public necessity, convenience, welfare, or good zoning practice required such change or amendment.

B. Upon receipt of such appeal, the city clerk shall immediately notify the secretary of the commission, and the commission shall make a report to the council disclosing in what respect it failed to find that the public necessity, convenience, general welfare, or good zoning practice required the change or amendment involved. The council may grant any appealed application, but before making, any change in or deviation from the recommendation of the commission, the council shall conduct a public hearing thereon with notice as provided in accordance with chapter 9.09 of this titleand shall first refer to the planning commission for report and recommendation any change or amendment not previously considered by the commission during its hearing.

C. The procedure of the council - in effecting a change or amendment initiated by commission or council order, rather than by application of property owners, which has been disapproved by the commission, shall be the same as that set forth for the granting of an appealed application.

Section 9.74.200 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.74.200 Public Hearing-Commission-Notice
A. The hearing date shall be set by the secretary of the planning commission for not less than ten, nor more than forty-five days after the initiating motion by the commission or council.

B. Notice of the public hearing shall be provided in accordance with chapter 9.09 of this title.

Section 9.74.220 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.74.220 Public Hearing-Council-Date and Notice A. The council hearing date shall be set by the city clerk for not more than thirty days after the filing of the commission's recommendation.

B. Notice shall be given as provided in chapter 9.09 of this title Section 9.76.040 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.76.040. Procedure
A. Applications. Applications for variances shall be made to the planning commission in writing on forms provided by the city for this purpose and shall set forth in detail such information as may be required and as may relate to the findings specified in Section 9.76.030.

Notwithstanding any other provision of this chapter, a uniform fee, as established by the city council, shall be paid upon the filing of each application for a variance. The city planner shall cause to be made an investigation of facts bearing on the application that will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of the ordinance codified herein and shall make these facts part of the case record. No application shall be regarded as having been filed until the fee referred to above has been deposited with the city.

B. Advertised Public Hearing on Variance Application. Upon receipt of an application for variance, the city planner shall, after any necessary environmental review, set the time and place for an advertised public hearing thereon. Public notice shall be provided in accordance with chapter 9.09 of this title.

Section 9.78.060 of Title 9 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.78.060 Planning Commission Action
A. Any item not expressly mentioned in Sections 9.78.040 and 9.78.050 shall be acted on by the planning commission which shall consider the recommendations of staff, the architectural review committee, and all applicable municipal codes.

B. The findings of staff and the architectural review committee shall be forwarded to the planning commission in the form of a written report.

C. The planning commission shall have full authority to take final action on projects and can add, modify, or delete any condition of approval recommended by staff or the architectural review committee.

D. These projects are subject to the Cathedral City public hearing notice requirements contained in chapter 9.09 of this title.

E. The planning commission's action is final unless appealed to the city council subject to Section 2.04.100 of this code.

Title 9 of the Cathedral City Municipal Code is revised to add Chapter 9.09 as follows:

Chapter 9.09 Public Notification and Community Meetings Section 9.09.010 Public Hearing and Public Notice
Section 9.09.020 Community Engagement
Section 9.09.010 Public Hearing and Public Notice.

A. Public hearing required. The following procedures govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, design review, planned unit development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council.

1. Notice affecting an ordinance or zoning ordinance amendment.

If a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice of the hearing shall be given pursuant to this chapter, except that the notice shall be published, posted, mailed, and delivered, as applicable, at least 20 days before the Planning Commission hearing, and at least 10 days before the City Council hearing.

B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing

1. Mailed Noice. At least 10 days prior to the date of the public hearing, the Director, or the City Clerk for hearings before Planning Commission and/or City Council, shall provide notice by First Class mail delivery to:
a. The applicant, the real property owner or real property owner’s duly authorized agent, and any occupant of the subject
property; and
b. All real property owners of record within a minimum 500-foot radius of the subject property as shown on the latest Riverside County tax assessor’s assessment roll or a larger radius if deemed necessary by the Director in order to provide
adequate public notification. For project sites of 10 acres or greater in size, the radius shall be increased to 750 feet; and c. All business owners of non-residential property and occupants and residents of non-owner occupied real property located within the city and within the required 500 foot or 750 foot radius of the subject property; and
d. Any person or group who has filed a written request for notice regarding the specific application; and
e. Each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.
f. As provided for in government code section 65093, the failure of any person or entity to receive notice given pursuant to this chapter shall not constitute grounds for any court to invalidate the actions of a local agency for which the notice was given.

2. Published Notice. Notice of public hearing shall be published in at least one newspaper of general circulation in the City.

3. Posting of notices. At least 10 days before the date of the public hearing, or 20 days pursuant to paragraph A.1 above, the Director or the City Clerk, for hearings before the Planning Commission and/or City Council, shall publish a notice in at least three places.

C. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable.

D. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

Section 9.09.020 Community Engagement
A. Purpose. The purpose of the community engagement meeting is for an applicant of a proposed project to hold a meeting with surrounding and adjacent neighboring residents, property owners, and businesses prior to submitting an application to the City. The intent is to present project information and engage in a public outreach meeting early in the development review process of new projects so that the community would have an early opportunity to become familiar with the proposed project and identify any associated project issues or concerns. The community engagement meeting is intended to assist in producing applications that are responsive to neighborhood concerns, and to reduce the likelihood of delays and appeals. The City expects an applicant to take into consideration the reasonable concerns and recommendations of the neighbors and other interested persons when preparing an application.

B. Applicability. Community engagement meetings are required for any for any project that is five (5) acres, or greater, and requires discretionary approval, including, but not limited to, any request for a discretionary approval of a Conditional Use Permit, Tentative Map, Planned Unit Development, Specific Plan, General Plan Amendment, Change of Zone, Development Agreement, Variance, or combination thereof. At the discretion of the Director, the Director may require Community Engagement Meetings for any project less than 5 acres due to extraordinary or exceptional factors.

C. Time frames to hold a community engagement meeting.

1. An applicant shall conduct a community engagement meeting not more than thirty days prior to, and not later than 20 days after, the date the project application is submitted to the City.

2. The applicant shall not be required to hold more than one community engagement meeting. However, if the Director determines that there are substantive and significant changes between the project presented at the community meeting and when the project is determined to be accepted by the city, the Director may require the applicant to conduct an additional neighborhood review meeting to solicit additional feedback prior to the scheduling of any required public hearings.

D. City Participation. The community engagement meeting is intended to be a developer-community interaction, and the developer is solely and exclusively responsible for holding the meeting required in this section. City staff are not required to attend and/or participate in the community meetings, and the meeting shall not be considered a public hearing. There will be other official opportunities for residents and neighbors to make comments during the development review process that would follow the neighborhood review meeting. Any City staff attendance at a neighborhood review meeting is for informational purposes only, does not represent the City’s position on the merits of the development proposal and does not constitute an approval or denial of an application, now or submitted in the future.

E. Procedures.

1. The applicant shall select the meeting time and place. The starting time selected shall be limited to a weekday evening after 6:00 p.m. or a weekend at any reasonable time and shall not occur on a Federally recognized holiday. The meeting shall be held at a location open to the public and in compliance with the Americans with Disabilities Act. The public meeting shall be held within the city of Cathedral City and as close to the subject property as practical to minimize the distance that attendees need to travel to participate, unless an alternate meeting location is approved by the Director.

2. The applicant shall send by regular first class mail a written notice announcing the community engagement meeting to the Director and those parties that would receive notice within a 500 foot or 750 foot radius of the project site, as specified in section 9.09.010.B.1 of this chapter. The Director at his/her discretion may request the applicant to increase the mailing area size for the written notification if he/she believes that the nature of the project will result in the need for more public awareness.

3. The notice shall include the date, time and location of the meeting and briefly discuss the nature and location of the proposal. The notice shall be mailed not less than 20 days prior to the meeting date.

The mailing list shall be obtained from the Director by the applicant.

4. A sign at the building entrance and the notices sent by mail shall each contain the following statement: The intent of this meeting is to facilitate an early informal discussion between the project developer and the neighbors regarding the project. While required by the City of Cathedral City this meeting is not conducted by the City of Cathedral City and is in addition to any future hearings or public comment opportunities available under the City’s development review processes.

5. At the community engagement meeting, the applicant shall describe the proposed application to persons in attendance. The attendees may identify any issues that they believe should be addressed in the application and recommend that those issues be submitted for City consideration and analysis.

6. The applicant shall prepare and make available the following materials for review and discussion at the public meeting:
a. Type, location, conceptual building elevations and total number of dwelling units for residential expected to be built; and b. Type, location, and conceptual building elevations for non- residential projects; and
c. Conceptual site plan/plat layout showing buildings, road layout, parking, landscaping, topography and open space areas, and adjacent properties; and
d. Aerial photograph showing the subject property and adjacent properties.
e. At the community engagement meeting, a sign-in-in sheet shall be distributed to all meeting attendees that specifies the date, time, and location of the community engagement meeting and asks for the name, address, phone number, an electronic mail address of each meeting attendee, and whether the attendee wishes to receive notice of any future meetings or public hearings related to the project.
f. At the community engagement meeting, the applicant shall take notes of the discussion on the proposed application for eventual submittal to the City.

F. Community Engagement Summary Report.

1. The applicant shall submit a community engagement summary report summarizing the outcome of the community meeting required by this section and submit the community engagement report to the City prior to the first public hearing or other public meeting for the project held by the City. The summary report will be included as an exhibit as a part of the agenda report that is published prior to the public hearing, and shall include the following:
a. Dates, times, and locations of all meetings that attendees that received notice to attend to discuss the project, as specified in section 9.09.020.E.2 of this chapter
b. A copy of the mailed notice
c. The names and affiliation of those that attended the meeting that represented the applicant.
d. The names and department of staff that attended the meeting. e. A sign-in sheet listing the names of the attendees that participated in the process, including their name,
address, phone number, electronic mail address, and
identifying whether the attendee requested notice of
any future meeting or hearing.
f. An affidavit of the mailed notices
g. Copies of written materials and plans presented at the community engagement meeting
h. A copy of any written comments received during the
meeting and a written summary of issues or concerns
raised by attendees during the community engagement
meeting.

2. If the applicant did not receive any responses to the meeting notice and no one attended the community engagement meeting or persons in attendance made no comments, the applicant shall submit evidence as indicated above, with the notes reflecting the absence of comment, attendance, or both.

G. Consideration of the community engagement summary report.

The City shall consider as part of the development review process the concerns and issues raised by the neighbors and applicant at the community engagement meeting, including any agreed-upon solutions or resolutions to outstanding issues or areas of contention. The City, however, shall not be bound in its decision-making by any agreements or understandings made between the neighbors and applicants. Nothing in this section shall be construed to delegate development review decision-making authority to participants in the community engagement meeting.

Existing Code Section Revisions
Existing Code Section Revisions
Section 9.05.045 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.05.045. Setting of public hearing before the planning commission.

Upon completion of the staff report required by Section 9.050.040 of this chapter, a public hearing shall be held by the planning commission in order to consider the proposed development agreement and the director's staff report. The city planner shall give notice of the public hearing and the planning commission's intention to consider at the hearing recommending adoption of a proposed development agreement to the city council. Such notice shall be provided in accordance with chapter 9.09 of this titleSection 9.05.050 of this chapterchapter.

Section 9.05.050 of the Cathedral City Municipal Code is amended to read as follows:

9.05.050. Contents and manner of providing notice of public hearing.

Except as provided in Section 9.05.095 of this chapter, notice of any public hearing required by this chapter shall be provided in accordance with chapter 9.09 of this title.include the following contents and shall be given in the following manner:

A. Contents of Notice. The notice shall contain:

1. The date, time and place of the public hearing;

2. The identity of the hearing body or officer;

3. A general explanation of the matter to be considered, including a general explanation of the development agreement and a general description of the property proposed to be developed;

4. Other information the city planner deems necessary or desirable.

B. Manner of Providing Notice.

1. Mailing or delivering the notice at least ten days prior to the hearing to the owner of the property that is the subject of the development agreement or to the owner's duly authorized agent and to the project applicant.

2. Mailing or delivering the notice at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property that is the subject of the development agreement, whose ability to provide those facilities and services may be significantly affected by the development proposed in the agreement.

3. Mailing or delivering the notice at least ten days prior to the hearing to all owners of real property as shown on the last equalized assessment roll within three hundred feet of the property that is the subject of the development agreement. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) of this subsection (B) is greater than one thousand, the city planner, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing.

4. Posting the notice at least ten days prior to the hearing in at least three public places within the city, including one public place in the area of the property that is the subject of the development agreement.

5. Mailing the notice at least ten days prior to the hearing to any person who has filed a written request therefor with the city planner or city clerk.

6. Publication of the notice at least ten days prior to the hearing and at least once in a newspaper of general circulation published and circulated in the city.

Section 9.05.065 of the Cathedral City Municipal Code is amended to read as follows:

9.05.065. Hearing before the city council—Review criteria.

A. After the recommendation of the planning commission or after the expiration of the time period specified in Section 9.50.060 of this chapter for planning commission consideration, the city planner shall give notice of a public hearing before the city council to consider the proposed development agreement. The notice shall be provided in the manner set forth in chapter 9.09 of this titleSection 9.05.050 of this chapter. After it completes the public hearing and considers the recommendation, if any, of the planning commission, the city council may approve, disapprove or approve with amendments the proposed development agreement. The city council may, but need not, refer the matters not previously considered by the planning commission during its hearing back to the planning commission for report and recommendation. The planning commission shall hold a public hearing in accordance with this chapter on any matters referred back to it by the city council.

B. The development agreement may not be approved unless the city council finds that the development agreement:

1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;

2. Is compatible with the uses authorized in the zone in which the real property is located;

3. Is in conformity with the public necessity, public convenience, general welfare and good land use practices;

4. Will not be detrimental to health, safety and the general welfare;

5. Will not adversely affect the orderly development of the property;

6. Will have a positive fiscal impact on the city; and

7. Contains the mandatory terms and conditions set forth in Section

9.05.100 of this chapter.

Section 9.05.085 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.05.085 Periodic review
A. Pursuant to Section 65865.1 of the Government Code, the city council shall hold a public hearing to review the development agreement at least every twelve months from the date the development agreement is entered into. The purpose of this periodic review is to determine whether the applicant or authorized successor in interest thereto has complied in good faith with the terms or conditions of the development agreement.

B. The city planner shall give notice of the public hearing in the manner specified in chapter 9.09 of this titleSection 9.05.050 of this chapter.

C. The applicant or any authorized successor in interest thereto shall demonstrate at the hearing good faith compliance with the terms of the development agreement.

D. If, as a result of such periodic review, the city council finds and determines, on the basis of substantial evidence, that the applicant or authorized successor in interest thereto has not complied in good faith with the terms or conditions of the development agreement, the city council may commence proceedings to enforce, modify or terminate the development agreement pursuant to Section 9.05.095 of this chapter.

Section 9.05.095 of the Cathedral City Municipal Code is amended to read as follows:

Section 9.05.095 Modification or termination procedures A. If upon a finding under subsection (D) of Section 9.05.085 or 9.05.090 of this chapter, the city council determines to proceed with modification, suspension or termination of the development agreement, the city council shall hold a public hearing and give notice of such hearing pursuant to chapter 9.09 of this title.in the following manner

1. Contents of Notice. The notice shall contain:
a. The date, time and place of the public hearing;
b. The identity of the hearing body or officer;
c. A general explanation of the matter to be considered, including a statement as to whether the city council proposes to enforce, modify, suspend or terminate the development agreement;
d. Any proposed modification to the development agreement; e. Other information the city council deems necessary or desirable.

2. Manner of Providing Notice.
a. Mailing or delivering the notice at least ten days prior to the hearing to the owner of the property that is the subject of the development agreement or to the owner's duly authorized agent, as to the project applicant.
b. Mailing or delivering the notice at least ten days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the property that is the subject of the development agreement, whose ability to provide those facilities and services may be significantly affected by the development proposed in the agreement.
c. Mailing or delivering the notice at least ten days prior to the hearing to all owners of real property as shown on the last equalized assessment roll within three hundred feet of the property that is the subject of the development agreement. If the number of owners to whom notice would be mailed or delivered pursuant to subsection (B)(1) is greater than one thousand, the director, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing.
d. Posting the notice at least ten days prior to the hearing in at least three public places within the city, including one public place in the area of the property that is the subject of the development agreement. e. Mailing the notice at least ten days prior to the hearing to any person who has filed a written request therefor with the city planner or city clerk. f. Publication of the notice at least ten days prior to the hearing and at least once in a newspaper of general circulation published and circulated in the city.

B. At the time set for the hearing, the city council may take such action, as it deems necessary to protect the interests of the city. Any action to terminate, modify or suspend the development agreement shall be by ordinance and shall be based upon findings, supported by substantial evidence.

Section 9.52.090 of the Cathedral City Municipal Code is amended to read as follows:

9.52.090. Amendment.

This chapter may be amended only after the following steps have been taken:

A. Conservancy/Land-Holding Trust — Public Hearing. The Cathedral City mountain conservancy or the Cathedral City land-holding trust shall hold at least one public hearing before any amendment is made to this chapter.

Notice of the public hearing shall be provided in accordance with chapter

9.09 of this titletime and place of the public hearing shall be published at least ten calendar days before the hearing in a newspaper of general circulation published and circulated within the city. In addition, notice shall be mailed to residents in accordance with Section 9.52.040(C)(1)(a) of this chapter.

B. Conservancy/Land-Holding Trust — Action. The approval by the conservancy or land- holding trust of an amendment to this chapter shall be by resolution carried by the affirmative vote of not less than a majority of its total voting members. Upon approval by the conservancy or land- holding trust, the amendment to this chapter shall be transmitted to the planning commission.

C. Planning Commission — Public Hearing. The planning commission shall hold at least one public hearing before any amendment is made to this chapter. Notice of the public hearing shall be in accordance with chapter 9.09 of this titletime and place of the public hearing shall be published at least ten calendar days before the hearing in a newspaper of general circulation published and circulated within the city. In addition, notice shall be mailed to residents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.

D. Planning Commission — Action. The approval by the planning commission of an amendment made to this chapter shall be by resolution of the commission carried by the affirmative vote of not less than a majority of its total voting members. Upon approval by the planning commission, the amendment to this chapter shall be transmitted to the city council.

E. City Council — Public Hearing. Before adopting the amendment to this chapter, the city council shall hold at least one public hearing. Notice of the public hearing shall be in accordance with chapter 9.09 of this titletime and place of the hearing shall be published at least ten calendar days before the hearing in a newspaper of general circulation published and circulated within the city. In addition, notice shall be mailed to residents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.

F. City Council — Action. No amendment to this chapter shall pass unless carried by the affirmative vote of four-fifths of the city council.

Section 9.72.070 of the Cathedral City Municipal Code is amended to read as follows:

9.72.070. Planning commission and city council public hearings—Procedure.

A. Notice of public hearing shall be provided in accordance with chapter 9.09 of this titlecontain the time and place of the hearing and the location and proposed use of the subject property.

B. Notice of public hearing, in accordance with the provisions of Government Code Sections 65090 and 65091, shall be given by U.S. mail, postage prepaid, to owners of real property located within three hundred feet of the exterior boundaries of the parcel of property to be considered, as shown by the last equalized assessment roll and on any updates issued by the county assessor.

C. Notice shall be mailed pursuant to subsection A of this section, postage prepaid, not less than ten days before the hearing date.

D. Notice shall be posted on the exterior of City Hall in a place that is accessible to the public during nonworking hours.

E. Public Hearing—Procedure.

1. 1. At the time and place so fixed and noticed, the public hearing shall be conducted before the planning commission. The
commission may establish its own rules for the conduct of public hearings and the member of the commission presiding at such hearings is empowered to administer oaths to any person testifying.

2. 2. The commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain.

3. 3. A summary of all pertinent testimony offered at the public hearing, the names and addresses of persons testifying, copies of all notices, affidavits of posting and publication, and records of action taken shall be a part of the files of the case.

Section 9.72.080 of the Cathedral City Municipal Code is amended to read as follows:

9.72.080. Appeal process.

A. Any person aggrieved or affected by the final determination of the planning commission concerning an application for a conditional use permit including any conditional requirement imposed on the project may appeal the decision within ten calendar days from the planning commission's decision by filing the city's appeal application with the planning department and paying the established fee as set forth by the city council.

B. The city planner or designee shall schedule a public hearing and provide notice in accordance with chapter 9.09 of this titlesubject to the requirements of Section 9.72.070 of this chapter.

C. The city planner or designee shall transmit to the city council a written report, copies of the application, and copies of all other papers constituting the record upon which the commission's decision was taken, including, but not limited to, the minutes of all hearings thereon and shall submit to the council a written report, prepared from the record upon which the final determination was made, stating the factual and legal basis on which the commission found and determined that the application met or failed to meet the criteria and requirements provided in this chapter for granting a conditional use permit.

D. The council may affirm, reverse or modify, in whole or in part, any final determination, condition or requirement of the commission which is appealed from or ordered to be reviewed by the council. After reviewing the record of the commission's proceedings relating to the decision, condition or requirement appealed from or ordered to be reviewed by the council, including, but not limited to, the application, minutes of hearings, notice of appeal and the commission's report, the council may affirm without further action the determination, requirement or condition appealed from or ordered to be reviewed.

E. On the date a notice of appeal is filed under this chapter, or on the date the council orders a review of the commission's determination, condition or requirement, all proceedings in furtherance of the determination, condition or requirement appealed from or ordered to be reviewed by the council, including the effective date of the permit in question, shall be stayed until the final determination by the council of the appeal or council-initiated review.

Section 9.72.13 of the Cathedral City Municipal Code is amended to read as follows:

9.72.130. Revocation.

A. The planning commission and/or the city council, on their own motion may, initiate a revocation and shall hold a hearing to make a recommendation to the city council upon the question of the revocation of a conditional use permit granted under, or pursuant to, the provisions of this chapter. The city council shall be the final acting body for all revocation proceedings.

B. Revocations shall be a public hearing and notice of such hearing shall be provided in accordance chapter 9.09 of this title.with Government Code Section 65091, as follows:

1. Mailed or delivered in person at least ten days prior to the hearing to the owner of the subject real property and to the project applicant.

2. Mailed or delivered at least ten days prior to the hearing to each affected local agency whose ability to provide service may be significantly impacted.

3. Mailed or delivered at least ten days prior to all owners of real property within three hundred feet of the real property subject to the hearing.

4. The hearing shall be posted on site in accordance with Section

9.72.080(E) of this chapter.

C. A conditional use permit, whether granted automatically for a nonconforming prior use, or pursuant to a hearing, may be revoked if the commission and council find:

1. That the use is detrimental to the public health or safety or is a nuisance.

2. That the conditional use permit was obtained by misrepresentation or nonstatement of facts.

3. That the use for which the permit was granted is not being exercised.

4. That the use for which the permit was granted has ceased; or been suspended for one year or more.

5. That the condition of the improvements, if any, on a property for which a nonconforming conditional use permit is operative is such, that they can be used or altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.

6. That the applicant has failed to comply with the development approval and/or conditions of approval.

Section 9.74.070 of the Cathedral City Municipal Code is amended to read as follows:

9.74.070 Public hearing-Date-Notice
A. Upon the filing of any such application and the payment of the required fee, the secretary of the planning commission shall set a date for one public hearing thereon before said commission. Notice of the public hearing shall be provided in accordance with chapter 9.09 of this title. The date of said hearing shall be not less than ten days from the date of filing such application, nor more than forty-five days from the date of filing such application.

B. Notice of public hearing shall contain the time and place of the hearing and the location and proposed use of the subject property.

C. Notice shall be published at least once in a newspaper of general circulation in the city or shall be posted in at least three public places in the city, not less than ten days before the hearing date.

D. Notice shall be mailed, postage prepaid, not less than ten days before the hearing date to owners of property within a radius of three hundred feet of the exterior boundaries of the subject property, pursuant to Section 65854 of the Government Code, together with any other notice required by that section.

Section 9.74.110 of the Cathedral City Municipal Code is amended to read as follows:

9.74.110 Council action.

Upon receipt of a recommendation for approval, together with the commission's report and reasons relative thereto, the council shall within not less than ten nor more than thirty days of said receipt conduct a public hearing, with notice as provided in accordance with chapter 9.09 of this titleSection 9.74.070(C). After the council has conducted said hearing with notice thereof as provided above, the council shall either:

A. Confirm the recommendation of the commission and effect such change or amendment by ordinance; or
B. If the council does not agree with all or any part of the commission's recommendations, refer the matter back to the commission for a report on the parts in question. Upon receiving the report of the commission, the council may, by ordinance, effect any change or amendment even though the commission does not concur.

Section 9.74.130 of the Cathedral City Municipal Code is amended to read as follows:

9.74.130 Denial-Appeal
A. If the commission denies or does not make a determination within the time limit specified, the applicant may, within ten days from the date the notification of denial was mailed to said applicant or upon termination of the time limit, appeal to the council by written notice of appeal filed with the city clerk. Said appeal shall be filed in duplicate and shall set forth specifically wherein the commission's findings were in error and wherein the public necessity, convenience, welfare, or good zoning practice required such change or amendment.

B. Upon receipt of such appeal, the city clerk shall immediately notify the secretary of the commission, and the commission shall make a report to the council disclosing in what respect it failed to find that the public necessity, convenience, general welfare, or good zoning practice required the change or amendment involved. The council may grant any appealed application, but before making, any change in or deviation from the recommendation of the commission, the council shall conduct a public hearing thereon with notice as provided in accordance with chapter 9.09 of this titleSection 9.74.070(C) and shall first refer to the planning commission for report and recommendation any change or amendment not previously considered by the commission during its hearing.

C. The procedure of the council - in effecting a change or amendment initiated by commission or council order, rather than by application of property owners, which has been disapproved by the commission, shall be the same as that set forth for the granting of an appealed application.

Section 9.74.200 of the Cathedral City Municipal Code is amended to read as follows:

9.74.200 Public Hearing-Commission-Notice
A. The hearing date shall be set by the secretary of the planning commission for not less than ten, nor more than forty-five days after the initiating motion by the commission or council.

B. Notice of the public hearing shall be provided in accordance with chapter 9.09 of this title. The notice of time, place and purpose of the hearing shall be published once in a newspaper of general circulation in the city, or shall be posted in at least three public places in the city, not less than ten days prior to the date of hearing. The title of such notice shall consist of words "NOTICE OF PROPOSED AMENDMENT TO ZONING ORDINANCE" in larger type than that used for the balance of the notice.

Section 9.74.220 of the Cathedral City Municipal Code is amended to read as follows:

9.74.220 Public Hearing-Council-Date and Notice
A. The council hearing date shall be set by the city clerk for not more than thirty days after the filing of the commission's recommendation.

B. Notice shall be given as provided in chapter 9.09 of this titleSection 9.74.200(B).

Section 9.76.040 of the Cathedral City Municipal Code is amended to read as follows:

9.76.040. Procedure
A. Applications. Applications for variances shall be made to the planning commission in writing on forms provided by the city for this purpose and shall set forth in detail such information as may be required and as may relate to the findings specified in Section 9.76.030. Notwithstanding any other provision of this chapter, a uniform fee, as established by the city council, shall be paid upon the filing of each application for a variance.

The city planner shall cause to be made an investigation of facts bearing on the application that will provide necessary information to assure that the action on each such application is consistent with the intent and purpose of the ordinance codified herein and shall make these facts part of the case record. No application shall be regarded as having been filed until the fee referred to above has been deposited with the city.

B. Advertised Public Meeting Hearing on Variance Application. Upon receipt of an application for variance, the city planner shall, after any necessary environmental review, set the time and place for an advertised public meeting hearing thereon. Public notice shall be provided in accordance with chapter 9.09 of this title. Notification shall be mailed no less than ten calendar days before the date of any advertised public meeting. A notice of an advertised public meeting containing the name of the applicant, nature of request, location of property and time and place of meeting, shall be sent through the United States mail to all property owners within three hundred feet of the exterior boundaries of the area described in the application, so stated to be the subject of the meeting.

Notices shall be sent to those owners of property as shown by the last equalized assessment roll and on any updates issued by the county assessor.

Section 9.78.060 of the Cathedral City Municipal Code is amended to read as follows:

9.78.060 Planning Commission Action
A. Any item not expressly mentioned in Sections 9.78.040 and

9.78.050 shall be acted on by the planning commission which shall consider the recommendations of staff, the architectural review committee, and all applicable municipal codes.

B. The findings of staff and the architectural review committee shall be forwarded to the planning commission in the form of a written report.

C. The planning commission shall have full authority to take final action on projects and can add, modify, or delete any condition of approval recommended by staff or the architectural review committee.

D. These projects are subject to the Cathedral City public hearing notice requirements contained in chapter 9.09 of this titleprocess and public hearing requirements of California Government Code Section 65090.

E. The planning commission's action is final unless appealed to the city council subject to Section 2.04.100 of this code.

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________
To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Proj ect: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________
Area Code/Telephone/Extension: _______________
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:

Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Cathedral City
2724 Gateway Dr.

Zoning Ordinance Amendment 25-0003
City of Cathedral City, Community and Economic Development Department Cathedral City
Riverside
Cathedral City City Council
Sandra Molina
X
Sandra Molina
760-202-2433
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Riverside
Riverside, CA 92507
An ordinance amending Title 9 Planning and Zoning of the Cathedral City Municipal Code to add Chapter 9.09 (Public Notification and Community Meetings) and to amend Chapters 9.05, 9.52, 9.72, 9.74, 9.76, and 9.78 to delete existing provisions that conflict with new Chapter 9.09 relating to public notification requirements.

City-wide
Commonsense exemption 15061(b)(3)
The proposed amendment will establish public notification requirements for projects subject to public hearings and provide for community engagement of certain projects. The code amendment is covered by the commonsense exemption which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Staff Report
City Council
Item No. 6.A
Meeting Date: June 25, 2025
From: Tracey Hermosillo, City Clerk
Title: Appointment to the Finance Advisory Committee
RECOMMENDATION:

To consider appointing one individual to the Finance Advisory Committee with a term expiring on June 30, 2028, based on the interviews conducted during the Study Session Meeting of June 25, 2025.

BACKGROUND:

The Finance Advisory Committee currently has one vacancy with a term expiring on June 30, 2028.

DISCUSSION:

Applications were received from the following individuals:

Antonia Baciu
Rocio Conde
David Leach
The three applicants were interviewed on June 25, 2025, during the Study Session portion of the Meeting. Based on the interviews conducted, staff recommends that the City Council consider making one appointment to fill the vacant seat on the Finance Advisory Committee with a term continuing through June 30, 2028.

FISCAL IMPACT:

There is no fiscal impact with this item.

FIVE-YEAR STRATEGIC PLAN:

Not applicable.

ATTACHMENTS:

None
Staff Report
City Council
Item No. 6.B
Meeting Date: June 25, 2025
From: Andrew Firestine, AICP, Director of Community and Economic Development
Title: Approval of Contract Agreement with City Detect
RECOMMENDATION:

Staff recommends City Council review and approve the contract with City Detect for AI camera systems.

BACKGROUND:

During the May 28, 2025 City Council Meeting, staff and City Detect representatives gave a detailed presentation of the City Detect Artificial Intelligence (AI) camera systems. This presentation further outlined their potential to enhance the City's ability to monitor and address code violations, including illegal dumping, abandoned vehicles, graffiti, and property maintenance issues. The presentation also responded to questions raised by City Council in the April 2, 2025 City Council meeting for the Community and Economic Development Department staffing and budget review and the biennial budget development presentation, including those related to its use in code compliance operations and the fairness or equity in its deployment within the City. Through the May 28, 2025 presentation, staff committed that City Detect AI is a supplemental resource for code compliance officers and both that there would remain human verification of any identified violation and that the mission of the Code Compliance Division to lead with education prior to enforcement would not change.

In support of the May 28, 2025 City Council meeting, staff shared an administrative policy addressing how the tool would be used in the code compliance process and the protections in place concerning its use. Importantly, once a violation is confirmed, an educational letter will be sent to the property owner, clearly describing the violation with photos, citing relevant code sections, outlining compliance steps and providing a compliance date. A formal code enforcement case would only be opened in those instances where the educational efforts are unsuccessful, and compliance is not achieved within a reasonable period of time. The policy also addresses staff training ongoing performance reviews of City Detect AI.

DISCUSSION:

The City Detect AI camera systems offer a technologically advanced solution for real-time monitoring and data collection. By mounting AI-equipped cameras on code compliance vehicles, the system can detect and document code violations, providing visual evidence and geolocation data to expedite the education and enforcement process.

The anticipated outcomes include:

• Enhanced efficiency in identifying and documenting violations across the City • Improving staff efficiency in addressing violations and providing education • Improved compliance rates through timely notifications and follow-up • Data-driven decision-making to prioritize enforcement efforts A contract with City Detect has been reviewed and drafted with the City Attorney’s office. If approved, City Detect AI may be implemented at the start of the new fiscal year. The contract is structured as a three-year contract with an annual cost of service of $73,600 for the installation of cameras and AI technology on two city code vehicles, together with access to the City Detect web dashboard. The total not-to-exceed cost of the contract is $220,800. The contract has a termination clause that it may be terminated in any year of the contract for any reason with no responsibility for any year beyond the current year, effectively making it an annual contract. City Detect retains ownership of the equipment and has full responsibility for the maintenance of all equipment for the term of the contract. The contract also includes training and ongoing support.

To fulfill the terms of the contract, City Detect will install and maintain two (2) data collection units on Code Compliance vehicles. These data collection units will remain the property of City Detect and are leased to the City for the term of the agreement. City Detect will be responsible for purchasing replacement components of any collection systems damaged or malfunctioning within the normal scope of work. The City will be responsible for the reinstallation of components shipped to it with City Detect’s guidance and support.

While the devices are in use, City Detect will provide data collection, processing, analysis, reporting, and grant support services as outlined in the proposal. These services include ongoing technical support, systems maintenance, and employee training. City Detect will provide comprehensive training for city staff including the use of all previously mentioned systems.

FISCAL IMPACT:

The contract is structured as a three-year contract with an annual cost of service of $73,600 for the installation of cameras and AI technology on two city code vehicles, together with access to the City Detect web dashboard. The total not-to-exceed cost of the contract is $220,800. The contract has already been budgeted in the FY 2025/2026 & 2026/2027 biennial budget.

FIVE-YEAR STRATEGIC PLAN:

E-2 – Continue to explore and utilize technology to promote public safety E-11 – Evaluate staffing in Code Compliance vs. workload and determine the needed full- time employees’ level: use technology as available.

ATTACHMENTS:

1. Software as a Service (SAAS) Contract with City Detect Platform Access and Services Agreement
#20250602-090057333
Issued
Effective Date
Expires
3 years from Effective Date
City Detect
2627 10th Ave
Suite 131
Tuscaloosa, AL 35475
Michael Caplan
[email protected]
City of Cathedral City
City Manager Charles McClendon
760-770-0322
[email protected]
1 Platform Access and Services Agreement
This Platform Access and Services Agreement (this “Agreement”) is entered into and effective as of the date both Parties sign the Agreement (the “Effective Date”) by and between (a) City Detect Inc., a Delaware corporation, and its Affiliates (“Affiliate” means any entity controlling or under the control of City Detect, where “control” means ownership of or the right to control greater than 50% of the voting securities of such entity.) (“City Detect”), and (b) the customer listed below (“Customer”). This Agreement includes and incorporates the Order Form below (an “Order Form”), attached as Exhibit A, the Terms of Use attached hereto as Exhibit B, the Privacy Policy attached as Exhibit C, and the End User Terms of Use attached as Exhibit D. There shall be no force or effect given to any different terms of any related purchase order or similar form, even if signed by the parties hereto after the Effective Date hereof.

Executive Summary
City Detect uses cameras and artificial intelligence (AI) to objectively and proactively detect and inventory localities’ housing degradation and code violations. City Detect takes pride in its mission of empowering leaders & transforming communities. In addition to our advanced hardware and software approach, we provide comprehensive training and support to our users.

This initiative aligns with the Customer's commitment to urban management and sustainability, utilizing our state-of-the-art technology and expertise.

City Detect (“City Detect”) is committed to working closely with The City of Cathedral City (“Customer”) to provide its administration and employees with an in-depth analysis of housing conditions throughout the city. Our goal is to empower the Customer with the tools and data necessary for informed decision-making, contributing to the overall well-being and vibrancy of Customer's communities.

The Agreement’s Term is for a 3 year service agreement (“Term”), where City Detect will deploy 2 advanced data collection system(s) with AI technology to systematically monitor and analyze the condition of residential and public properties within Customer’s jurisdiction. The annual cost is $73,600 which includes all applicable term discounts. This service includes collecting, processing, and analyzing data to provide objective insights into urban decay along properties and the right-of-way, and services and products identified in the Order Form, Exhibit A hereto.

City Detect Introduction
At City Detect, we believe in the power of technology to bring about social change. We value innovation, integrity, and impact. We strive to offer our clients various solutions that are not only technologically advanced but also practical and socially relevant.

Founded in 2021, City Detect is on a mission to revolutionize how local governments and nonprofits understand and interact with their communities. Our journey began with a passion for urban development, technical mastery, and a commitment to transform communities through positive social impact.

City Detect’s approach is simple yet powerful. Leveraging cutting-edge artificial intelligence (AI) and computer vision technology, we provide detailed, near-real-time insights into the condition of the built environment. We mount cameras to fleet vehicles and use proprietary AI algorithms to analyze various issues throughout communities. The result? Detailed, actionable reports to inform decision-making and strategic planning. 2 Problem Statement & Needs Analysis
Customer like many urban areas, may face ongoing challenges in managing and maintaining the condition of its residential and public properties.

These challenges may include:

Staffing Shortages in Code Enforcement:

Local government agencies across the US have been hit with staffing issues that hinder their ability to monitor, prioritize, and proactively address property violations and urban blight effectively. This often results in delayed responses, potential escalation of minor issues, and an increased burden on the team members, increasing the risks of burnout and workforce turnover.

Inefficient Data Collection and Analysis:

Current methods of property condition monitoring are subject to human time constraints. This inefficiency hinders informed, data-driven decision-making in a dynamic and changing urban environment with rapidly changing conditions.

Challenges in Grant Application and Utilization:

The lack of comprehensive and detailed condition mappings leads to resource-consuming applications, missed opportunities, and lengthy post-award reporting.

Lack of Data in Community Engagement:

Community engagement is more difficult now than ever, requiring a more focused approach to community meetings. The lack of accessible data makes data-driven initiatives seem disconnected from the communities they aim to serve.

Proposed Solution & Benefits
City Detect’s innovative approach, utilizing advanced cameras and AI technology, offers solutions to these challenges. By providing objective, data-driven insights into housing and urban conditions, City Detect can significantly enhance the capacity for effective and efficient urban management, leading to a more sustainable and well-maintained urban environment.

City Detect proposes the following solution:
●Automated Data Collection and Analysis: City Detect will deploy advanced cameras and AI technology to systematically capture and analyze data on urban conditions, including illegal dumping, litter, graffiti, and residential and commercial structural issues. This technology enables more efficient, accurate, and comprehensive housing and public space monitoring. City Detect’s automated data collection and analysis processes drastically reduce the time and resources required while ensuring consistent and objective data on property conditions. These streamlined processes empower officials to make objective, data-driven, strategic, and proactive decisions and investments.
●Customizable Reporting and Analytics Dashboard: The customer will have access to a user- friendly dashboard on City Detect’s web platform, where they can view and 3 interact with the data. This dashboard allows for customizable reporting, enabling staff to focus on specific areas or issues as needed. No software installation is required. ●Training and Ongoing Support for Staff: City Detect commits to being a long-term partner, responsively adapting and improving our services to meet the Customer's evolving needs. We aim to ensure you always have the data (and know how to use it!) necessary to create a well-maintained, vibrant urban community. City Detect will provide comprehensive hands-on and on-demand training and support to City staff, ensuring they are well-equipped to utilize the data in their daily operations.

Enhanced Grant Application Support:

With our technology’s detailed, data-backed insights, the Customer can strengthen its grant applications and streamline reporting for community revitalization projects. City Detect’s solution offers the necessary baseline and progress data to support funding requests and reports for urban improvement initiatives.

Value Proposition
City Detect’s promise is to not only address the immediate challenges faced by the Customer but also provide infrastructure for sustainable urban growth and community well-being. The solutions proposed here ensure your employees are empowered to drive change, make investments, and adapt to emerging conditions. City Detect brings value by improving efficiency in code enforcement, grant writing, and data-driven decision making. City Detect is a people-focused technology solution provider supporting communities with cost-effective, scalable, and adaptable solutions to meet your community’s evolving and dynamic needs.

Implementation Plan
This comprehensive implementation plan is tailored to ensure that the Customer can effectively utilize City Detect’s technology for improved urban management over the course of the agreement, fostering a sustainable and well-maintained urban environment. The plan is designed to ensure an efficient deployment, effective training, and seamless integration of our services into the Customer’s operations.

Phase 1: Pre-Implementation and Plan Finalization (Month 1) ● Finalize administrative details.
● Conduct preliminary meetings with customer to discuss specific requirements and expectations.
●Prepare for installation and deployment, including logistical planning and resource allocation.

Phase 2: System Installation and Setup (Month 2)
●Install Data Collection Systems on designated vehicles. ●Configure and test the systems to ensure they are fully operational. 4 ●Begin initial data collection as part of system testing and calibration.

Phase 3: Staff Training and System Familiarization (Month 2) ●Conduct comprehensive training sessions for staff, focusing on system operation, data interpretation, and integration into existing workflows. ●Facilitate hands-on training and simulation exercises to ensure staff are comfortable and proficient with the technology.
●Special focus on integrating data into grant application strategies and existing workflows.

Phase 4.1: Full-Scale Data Collection and Processing (Month 2 - Ongoing) ●Commence full-scale data collection activities across the community. ●Regularly process and prepare data for analysis in line with the Customer's needs.

Phase 4.2: Analysis, Reporting, and Integration into Customer Operations (Month 2 - Ongoing)
●Deploy AI algorithms for in-depth parcel and environmental analysis. ●Generate regular reports and actionable insights for the Customer's review and decision- making processes.
●Assist in integrating these insights into the Customer's strategic planning and operational systems.

Phase 4.3: Continuous Feedback, Adjustments, and Support (Month 2 - Ongoing) ●Establish a feedback loop with staff to monitor system performance and user experience.
●Make necessary adjustments and optimizations based on feedback and evolving needs.

Provide ongoing technical support, system maintenance, and user assistance.

Phase 4.4: Grant Application Support and Partnership (Month 3 - Ongoing) ●Support Customer efforts to obtain grant funding through various programs such as grants like Choice Neighborhood Grants, American Rescue Plan Act, Environmental Protection Agency Grants, and Community Development Block Grants. ●Assist in utilizing Blight Reports and delivering other uniquely relevant analytics for effective and targeted grant applications responsive to agency requirements. 5 Phase 5: Annual Review and Strategy Sessions (10th month of annual period) ●In Month 10 of Year 1, review whether Milestones have been achieved. If Milestones have not been achieved, Customer must notify City Detect of its intent to pursue the mechanisms outlined in the Termination & Renewal section. ●Conduct annual performance reviews to assess the impact and efficiency of the system. ●Discuss potential expansions or adaptations of the solution to meet new challenges or opportunities.

Phase 6: Term Renewal (60 days prior to end of agreement term) ●Organizational collaboration and review terms and scope of partnership. ●During this term Customer has the option to renew this agreement for one additional year, this option must be exercised in writing, including email, at least 60 days prior to the end of year three.

Risk Management and Mitigation Strategies
We developed our comprehensive risk management plan to ensure the successful implementation and operation of City Detect’s property condition analysis . This plan identifies potential risks and outlines strategies to mitigate them effectively.

Insurance Coverage and Compliance
●City Detect will carry all necessary insurance coverages for the Term, including appropriate Cyberinsurance coverage that is at least as comprehensive as industry standard.
●City Detect will name Customer as an additional insured on these policies, ensuring adequate protection and compliance with Customer requirements. ●City Detect will provide the Customer with a timely proof of coverage certificate upon request.

Data Security and Privacy Risks
●Implement robust cybersecurity measures including technical, administrative, and physical measures to protect Customer's data.
●Adhere to all relevant data protection regulations and best practices. Regularly update and audit security protocols to keep up with emerging threats.

Technology Failure or Malfunction
●Employ redundant systems to minimize the impact of technical failures. 6 ●Conduct regular maintenance and updates of all equipment and software. ●Provide swift technical support to address and resolve any technical issues promptly.

Staff Training and Adoption Challenges
●Offer comprehensive and ongoing training sessions for staff. ●Provide user-friendly manuals and online resources for self-help and troubleshooting. ●Establish a helpdesk for immediate assistance and support at no additional expense to Customer.

Integration with Existing Customer Systems
●Work closely with Customers IT staff to ensure smooth integration with existing systems if ordered by Customer.
●Conduct thorough testing and trials to identify and address compatibility issues. ●Offer customized solutions to meet specific integration needs if ordered by Customer.

Delays in Project Timelines
●Implement proactive project management with regular progress reviews. ●Communicate transparently with Customer about any potential delays and mitigation strategies.

Changes in Municipal Priorities or Leadership
●Stay adaptable to shifting priorities and requirements. ●Maintain open lines of communication with Customer leaders and stakeholders ●Regularly review and adjust the project scope in alignment with the Customer's evolving needs.

Support and Maintenance Plan
City Detects support and maintenance plan ensures the ongoing effectiveness and continuity of the property condition analysis solution implemented in Cathedral City. This plan covers technical support, system updates, and continuous collaboration with staff. 7 Technical Support and Helpdesk
●Establish a dedicated helpdesk to assist with any technical issues or queries at no additional expense to Customer.
●Offer support through various channels, including phone, email, and online platforms, ensuring accessibility and convenience for staff.

Maintenance Plan
●Maintain close collaboration with fleet services for Collection System. ●Provide clear maintenance instructions for Customer fleet services staff. ●Provide ongoing support materials for proper Collection System maintenance.

Training and Capacity Building
●Provide ongoing training sessions to onboard new staff or refresh existing staff’s skills. ●Regularly update training materials and online resources to reflect system upgrades.

Data Management and Security
●Continuously monitor and update data security measures to safeguard sensitive information and keep up with emerging threats.
●Perform regular data backups to prevent loss and ensure data integrity.

Performance Monitoring and Reporting
●Regularly review system performance and generate reports to assess efficiency and impact.
●Use these insights to make data-driven decisions for system improvements and enhancements.

Collaboration and Feedback Loops
●Maintain close collaboration with Customer leadership and staff to understand their evolving needs.
●Implement a feedback loop to gather user insights, ensuring the solution surpasses the Customer's requirements.
8 Exhibit A
Order Form
Service Agreement Duration
●The service agreement will cover a 3 year term commencing on the Effective Date.

Payment Terms
●The annual Fee is $73,600.00. The first half of the Fee shall be invoiced upon the Effective Date due net 30. The second half of Fee shall be invoiced upon successful installation of agreed upon data collection units (“DCU(s)”). Payment of Fee(s) are net 30.
●Subsequent annual payments are due upon the anniversary of the Effective Date . ●In the event of a late payment from the Customer not subject to a reasonable payment dispute City Detect will apply a late payment penalty calculated as a percentage of the overdue amount, accruing on a monthly basis from the date the payment was due. This penalty is set at a rate of 1.5% per month on the outstanding balance. ●City Detect will notify the Customer immediately upon a payment becoming overdue.

City Detect will allow a fourteen calendar days grace period, during which the Customer can make the payment without incurring the late payment penalty.

Equipment Lease
●City Detect will install and maintain 2 data collection unit(s) on agreed-upon municipal vehicles. These data collection units will remain the property of City Detect and are leased to the Customer for the term of the agreement.
●City Detect is responsible for purchasing replacement components of any Collection Systems damaged or malfunctioning within the normal scope of work. Fleet services will be responsible for reinstallation of components shipped to fleet services with City Detect’s guidance and support.

Service Provisions
●City Detect will provide data collection, processing, analysis, reporting, and grant support services as outlined in the Order Form.
●Services also include ongoing technical support, training, and system maintenance at no additional cost to Customer.

Staff Training and Support
●Comprehensive training for Customer staff is included in the service fees. 9 ●Continuous support will be provided throughout the agreement term to ensure effective use of the technology and data at no additional cost to Customer.

Confidentiality and Data Security
●Both parties agree to maintain confidentiality of information identified as Confidential under Section 11 of the Terms of Use, Exhibit B hereto, and to adhere to applicable data protection laws and regulations.
●City Detect will implement robust security measures including technical, administrative, and physical measures to protect data and ensure the privacy and integrity of the information collected.

Amendments and Modifications
●Any amendments or modifications to the agreement must be made in writing and signed by both parties, ensuring mutual consent for any changes.

Milestones
●City Detect will install the agreed upon DCUs onto the agreed upon vehicles. ●City Detect will offer live remote training and documentation on various systems. ●City Detect will collect visual and location data and analysis on objects of interest passed by vehicles equipped with Collection Systems.
●City Detect will upload relevant data and make available to Customers users via web application.
●City Detect will maintain web application and provide access and support for Customers users.

Products & Services Frequency Quantity Price
PASS AI Vehicle Mounted DCU (Data
Collection Unit) Dual Lens (Right & Left)
PASS AI Vehicle Mounted DCU (Data
Collection Unit) (Price per one DCU) Data
Collection Unit for mounting to vehicle.

Dual Lens, Right & Left side. Installation
and service included.

Annually 2 $19,2

00.00/
year
10 Products & Services Frequency Quantity Price
PASS AI Public Works Data Collection
and Processing PASS AI Public Works
Data
Collection and Processing (add 1 per
DCU) Data Transfer from DCU to Cloud
and AI processing for one DCU for Public
Works Data
Annually 2 $9,60

0.00/
year
PASS AI Code Enforcement Data
Collection and Processing
PASS AI Code Enforcement Data
Collection and Processing (add 1 Per
DCU) Data Transfer from DCU to Cloud
and AI processing for one DCU for Code
Enforcement Data
Annually 2 $22,4

00.00/
PASS AI Web App
PASS AI Web App (add 1 per DCU)
Access to web app for unlimited users, for
one DCU
Annually 2 $22,4

00.00/
year
Annual subtotal $73,600.00
Annual Total $73,600.00
Number of years of service
Total contract value
3 $220,800.00
11 Exhibit B

TERMS OF USE
These Terms of Use (these “Terms of Use”) govern Customer's rights to access and use the City Detect software-as-a-service platform (along with all related updates, upgrades, Analytical Data, AI Output (as defined below), Raw Data, Documentation (each as defined below), any hardware devices identified in the Order Form (each a “Device”) and Exhibit A hereto, and related services, meaning features that may become available during the Term included in the software subject of the Order Form and new service offerings included at no additional cost to Customer, provided by City Detect to Customer under the Agreement (collectively, the “Product”) on a subscription basis. By executing the Platform Access and Services Agreement (the “Agreement”), the parties shall be bound by the Agreement including these Terms of Use.

These Terms of Use are effective as of the Effective Date set forth in the Agreement. Customer acknowledges and agrees that the Product is protected by copyright laws and international copyright treaties, as well as other Intellectual Property Rights laws and treaties. As used in these Terms of Use, “Intellectual Property Rights” means any and all patents, copyrights, trademarks, trade secrets, and any and all other intellectual or proprietary rights recognized in any jurisdiction. Capitalized terms used in these Terms of Use, but not otherwise defined herein, shall have the meaning ascribed thereto as set forth in the Agreement.

1. PRODUCT ACCESS

1.1 Provision of the Product. Subject to and conditioned on Customer’s payment of applicable fees and compliance with the Agreement and these Terms of Use, City Detect agrees to provide Customer with access to the Product on a subscription basis for a set term as defined in the Agreement.

1.2 Accounts. In order to access and use certain features of the Product, Customer must register for an account (an “Account”). Use of and access to the Product, in whole or in part, is permitted to its staff and employees designated by Customer pursuant to these Terms of Use (“End Users”). If Customer is given passwords to access the Product, Customer shall require that all End Users keep user ID and password information strictly confidential and not share such information with any unauthorized person. Customer is responsible for maintaining the confidentiality of its Account login information . Customer is fully responsible for the acts and omissions of its End Users.

1.3 Customer will not use Contractors to serve as End Users.

1.4 General Restrictions. Except as set forth herein, Customer shall not: (a) rent, lease, copy, download, provide access to or sublicense the Product (including but not limited to software, Devices, Analytical Data, Reports, or Raw Data, each as defined herein) to a third party or use the Product to provide a service to a third-party, (b) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or APIs to the Product, (c) modify the Product, or create any derivative product from any of the foregoing, (d) remove or obscure any product identification, proprietary, copyright or other notices contained in the Product (including on any reports or data printed from the Product), (e) incorporate the Product into any other offering (whether software as a service or otherwise), (f) use the Product, Analytical Data, Raw Data, or a Report (as defined below) to build an application or product that is competitive with any City Detect product or service or to train any artificial intelligence or machine learning models.
12 1.5 Legal Advice. Customer agrees not to construe any content or materials listed on the Product as legal advice. The Product and content made available through the Product are intended to be used by Customer for informational purposes. City Detect shall have no liability for any legal decisions made based upon Customer's or an End User’s use of the Product.

1.6 Export. The Product may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. Customer agrees not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from City Detect, or any products utilizing such data, in violation of the United States export laws or regulations.

1.7 Security and Privacy. City Detect will use commercially reasonable efforts to (a) implement and maintain appropriate administrative, technical and physical safeguards designed to protect the confidentiality, integrity, and availability of Customer Data (as defined below) and personal data collected, used, disclosed and processed (as applicable) by City Detect, in accordance City Detect’s Privacy Policy, as applicable, which is attached hereto as Exhibit C, (the “Privacy Policy”) ; (b) comply with applicable laws, rules, regulations, and industry standards by which it is bound in connection with this Agreement; and (c) maintain the systems and processes described in City Detect’s most recent SOC 2 audit. In the event of a breach in security involving unauthorized acquisition of Customer Data (“Security Breach”), City Detect shall take commercially reasonable efforts to notify the Customer within 48 hours of discovery of such Security Breach and promptly provide a written report. This report shall include, to the extent known: (1) nature and scope of the Security Breach; (2) categories of Customer Data affected; (3) actions taken to mitigate damage; and (4) corrective measures to prevent recurrence. To the extent required of City Detect by applicable law, City Detect shall bear all notification and remediation costs in the event of a Security Breach, including credit monitoring for affected individuals. City Detect shall (i) conduct a thorough investigation of any Security Breach, (ii) provide findings of such investigation to Customer, and (iii) provide all reasonable cooperation to Customer in connection with the Security Breach. If City Detect receives a request related to Customer Data, City Detect will, to the extent legally permissible, take commercially reasonable efforts to notify Customer of such request within 48 hours.

1.8 Hosting Services. City Detect will provide the hosting services for the Product (the “Hosting Services”) through third-party hosting facilities (such as Amazon Web Services or similar) and may update the content, functionality and user interface of such Hosting Services from time to time in its sole discretion. City Detect further agrees that the Hosting Services shall store Customer Data, and all processing of Customer Data by artificial intelligence systems shall take place, only in the United States, unless Customer agrees otherwise in writing.

1.9 Hosting Service Access. In order to use the Product, Customer must have or obtain access to the internet. Customer agrees that City Detect is not providing Customer with access to the internet in order to use the Product and that Customer is solely responsible for obtaining and maintaining such internet access and for providing all equipment necessary to obtain and maintain such internet access. City Detect does not and cannot control the flow of data to or from City Detect’s network, designated hosting facility and/or other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer's connections to the internet (or portions thereof). City Detect agrees to use commercially reasonable efforts to take any actions it deems appropriate to remedy and avoid 13 such events. However, City Detect cannot guarantee that such events will not occur.

Accordingly, City Detect disclaims any and all liability resulting from or related to such events.

1.10 Lease of Devices. The parties intend that the lease of any Devices under the Agreement shall constitute a true lease under applicable law. City Detect has title to the Devices at all times. Customer acquires no ownership, title, property right, equity, or interest in the Devices other than its leasehold interest solely as lessee subject to these Terms of Use.

1.11 Installation; Risk of Loss. City Detect will arrange for shipment and installation of the Devices, either by City Detect or by third-party service providers. City Detect is not liable for any delays in shipments, deliveries or installations performed by third-party service providers . Customer shall bear all risk of theft, taking, confiscation, or requisition, partial or complete, of or to such Devices once they are in Customer's physical custody. Customer shall notify City Detect in writing within 30 days of any such loss.

2. DATA OWNERSHIP

2.1 Use of Customer Data. Customer represents and warrants to City Detect that Customer has sufficient rights in the Customer Data to authorize City Detect to process, distribute, and display the Customer Data as contemplated by these Terms of Use and the functionality of the Product, and that the Customer Data does not infringe the rights of any third party. Customer is solely responsible for the accuracy, content and legality of all Customer Data and Raw Data captured by End Users through Devices, as well as for requiring each End Userto comply with these Terms of Use. In connection with Customer's use of the Product, certain features may permit Customer to interact or share Customer Data with third-party websites or services. If Customer chooses to transmit Customer Data or provide any other information to such third parties, Customer agrees to be bound by any applicable third-party terms of use, and City Detect accepts no responsibility or liability for any such third-party services. “Customer Data” means any information or other data of any type which is provided by Customer or its End Users to City Detect in connection with the Product, including but not limited to preferences, case status, notes, and summaries; provided, however, that Customer Data does not include Analytical Data or Raw Data (each as defined below) or any other information reflecting the access or use of the Product by or on behalf of the Customer or any End User.

2.2 License to Customer Data and Creation of Analytical Data. Customer hereby grants to City Detect a non-exclusive, fully paid-up, royalty-free, transferable, sublicensable, worldwide right and license to use, display, modify, copy, translate, transcribe, reproduce, distribute, create derivative works, and process Customer Data solely for the purposes of providing the Product to Customer . Notwithstanding the foregoing, Customer further grants to City Detect a limited, non-exclusive, fully paid-up, royalty-free, non-transferable and non- sublicensable (except as expressly provided for herein), worldwide right and license to create Analytical Data (as defined below) derived from Customer Data; provided that, except as otherwise set forth herein or disclosures or sublicenses to service providers as necessary to create and process such Analytical Data, City Detect shall not disclose any Analytical Data that can specifically identify Customer or its End Users. “Analytical Data” means output that is generated through the Product using artificial intelligence (“AI Output”) and the data and information submitted or produced by Customer or its End Users related to the interpretation, understanding, and refinement of Raw Data and AI Output. City Detect shall not use Customer Data for any purpose outside the scope of the Agreement or as otherwise permitted by the Privacy Policy, attached hereto as exhibit C including but not limited to use for advertising, data mining, or unrelated commercial purposes; provided, however, the foregoing does not 14 restrict City Detect’s rights in and to Analytical Data and Raw Data (as defined below) provided for in this Agreement.

2.3 Transition Period. Subject to the terms of this Agreement, including but not limited to the restrictions set forth in Sections 1.4 and 4, City Detect grants Customer a limited right to download standard reports generated by the Product (each, a “Report”) and any Customer Data during the Term and, except if terminated by City Detect pursuant to Section

6.2, for a period of up to 90 days’ following termination of the Agreement, for use in connection with Customer's operations. Notwithstanding the foregoing, Customer shall not knowingly or intentionally disclose any Report, including any derivatives thereof, to any third-party data company that uses computer vision in its service or offering or any City Detect competitor. For the avoidance of doubt and except as set forth in this Section 2.3, (a) other than Report(s), Customer is not permitted to export or otherwise disclose any other data from the Product, including but not limited to Analytical Data or Raw Data, in any manner and (b) any custom reporting required by Customer shall be set forth on an Order Form and subject to the terms and fees contained therein. Upon City Detect’s request, Customer shall request any service providers to whom it has disclosed a Report to irretrievably delete and fully destroy such Report and any derivatives thereof. Customer shall be fully liable for any damages subject to the limitations of liability term herein arising out of any disclosure that violates this Section

2.3. 3. OWNERSHIP

3.1 Ownership. Except for the limited license granted herein or as otherwise set forth in the Agreement, as between the parties hereto, Customer shall retain all right, title and interest in and to Customer Data. One feature of the Product is that it collects Raw Data.

Customer acknowledges and agrees that (a) the Product collects Raw Data, (b) Customer is obtaining only a limited right to access and use the Product, and that irrespective of any use of the words “purchase,” “sale,” or like terms hereunder no ownership rights are being conveyed, assigned, or transferred to Customer under the Agreement or these Terms of Use or otherwise, and (c) City Detect, its licensors, or its suppliers retain all right, title, and interest (including all Intellectual Property Rights) in and to (1) the Product, (2) all audio, video, images, text, global positioning system (GPS), other geospatial and environmental data, and other types of content captured by Devices or otherwise provided by City Detect in connection with the Product (“Raw Data”), (3) all user documentation for the Product provided by City Detect to Customer under these Terms of Use that describes the requirements, integration, operation, support, or maintenance of the Product (“Documentation”), (4) any Implementation Services (as defined below) deliverables, (5) Feedback, and (6) Analytical Data (including AI Output). In the event any intellectual property rights in and to any of the foregoing, including but not limited to rights in and to any Analytical Data or Raw Data, do not vest in City Detect upon creation and subject to the restrictions on disclosure in Section 2.2 above, Customer hereby unconditionally and irrevocably assigns to City Detect all right, title, and interest in and to all any intellectual property rights described by this Section 3.1.

3.2Definitions:
●Customer Data: Any information or other data of any type provided by the Customer or its End Users to City Detect in connection with the Product, including preferences, case status, notes, and summaries. However, Customer Data does not include Analytical Data or Raw Data or other information reflecting the access or use of the Product, such as security logs.
15 ●Raw Data: All audio, video, images, text, global positioning system (GPS), other geospatial and environmental data, and other types of content captured by Devices or otherwise provided by City Detect in connection with the Product. ●Analytical Data: Output that is generated through the Product using artificial intelligence (“AI Output”) and the data and information submitted or produced by Customer or its End Users related to the interpretation, understanding, and refinement of Raw Data and AI Output.
●Reports: Standard reports generated by the Product.

4. ACCEPTABLE USE POLICY

4.1 Customer hereby agrees to the following terms that constitute City Detect’s “Acceptable Use Policy”:
(a) Customer agrees not to use the Product to collect, upload, transmit, display, or distribute any Customer Data, Feedback, or Raw Data (i) that violates any third- party rights, including any privacy right, right of publicity, or any Intellectual Property Rights; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; or (iii) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. (b)In addition, Customer agrees not to: (i) knowingly or intentionally upload, transmit, or distribute to or through the Product any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Product unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited messages, whether commercial or otherwise; (iii) use the Product to harvest, collect, gather or assemble information or data regarding other [customers], including email addresses, without their consent; (iv) knowingly or intentionally interfere with, disrupt, or create an undue burden on servers or networks connected to the Product, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Product (or to other computer systems or networks connected to or used together with the Product), whether through password mining or any other means; (vi) harass or interfere with any other [customer’s] use and enjoyment of the Product; (vii) represent that AI Output is human- generated when it is not; or (viii) use software or automated agents or scripts to produce multiple accounts on the Product, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Product.
(c) Customer further acknowledges and agrees that (i) Customer will not include any deceptive Customer Data in connection with its use of the Product (including in an attempt to steer the Product to generate inaccurate results); (ii) due to the nature of artificial intelligence and machine learning, use of the Product may in some situations result in incorrect or inaccurate AI Output, including but not limited to Reports (as defined below) and Analytical Data; (iii) Customer must verify the accuracy and appropriateness of any AI Output before relying on any such AI Output; (iv) relying upon any AI Output without first verifying accuracy with a qualified human could cause harm, including but not limited to legal, financial, and physical harm; and (v) Customer has no rights to any information, including AI Output, that is 16 generated from the Product by or for other City Detect users, regardless of any level of similarity to AI Output provided to Customer. City Detect cannot control, and has no duty to take any action, regarding how Customer may interpret, rely on, or use any AI Output or what actions Customer may take as a result of having been exposed to AI Output, and Customer hereby releases City Detect from all liability for Customer having acquired or not acquired AI Output through the Product.
(d) City Detect reserves the right to investigate and/or take appropriate action against Customer if the Customer violates this Section 4 or any other provision of these Terms of Use. Such action may include terminating Customer’s Account and/or reporting Customer to law enforcement authorities.

5. FEES & PAYMENT

5.1 All fees owing by Customer to City Detect are set forth in the applicable Order Form(s) then in force and payable as set forth in the Agreement. Customer acknowledges that the expiration of any discount or incentive programs to which Customer was previously entitled shall not constitute a fee increase or otherwise require notice thereof. Except as expressly set forth in Section 10.1 or pursuant to Section 6.2 and 6.3, all fees are non-refundable. City Detect’s fees are exclusive of all shipping costs and Customer is required to pay any sales, withholding, or similar taxes or levies, other than taxes based on the income of City Detect.

Any late payments not subject to a good faith payment dispute shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.

6. TERM AND TERMINATION

6.1 Term. The Agreement is effective as of the Effective Date and expires as outlined in Agreement and Order Form subject to any renewal periods as set forth in the Agreement and Order Form(s) attached as Exhibit A. In order to terminate Agreement at the end of the then-current period, a party must give written notice to the non-terminating party at least 60 days prior to the end of the then current term.

6.2 Termination for Cause. Either party may terminate the Agreement if the other party (a) fails to cure any material breach of these Terms of Use (including a failure to pay fees that is not subject to a good faith payment dispute) within 30 days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within 60 days thereafter).

6.3 Termination for Convenience. Either party may terminate the Agreement for convenience, that is for any reason or no reason with 90 days’ written notice to the other party.

Customer shall not be liable for payment of any further fees as of the date of termination.

6.4 Effect of Termination. Upon any termination of the Agreement, Customer shall immediately cease any and all use of and access to the Product other than as needed to transition to alternate services and delete (or, at City Detect’s request, return) any and all copies of the Documentation, any City Detect passwords or access codes and any other City Detect Confidential Information in its possession. Customer acknowledges that following termination:
(a) Customer and its End Users must immediately cease all use of the Product, even if Company’s access is not immediately severed; (b) Customer must instruct all End Users to 17 cease using the Product ; (c) City Detect shall terminate Customer and End User access to the Product and any Customer Data input into the Product, but shall cooperate with Customer in retrieving Reports and Customer Data prior to termination; (d) leased Devices shall be uninstalled and returned to City Detect by City Detect or its designee (i) at City Detect’s expense, if terminated by either party pursuant to Section 6.1 or by Customer pursuant to Section 6.2 or by City Detect pursuant to Section 6.3, or (ii) at Customer's sole expense, if terminated by City Detect pursuant to Section 6.2 or if terminated by Customer pursuant to section 6.3, and if terminated by City Detect pursuant to Section 6.2 City Detect may take possession of, or render unusable, the Product and any Device wherever it may be located, without any court order or other process of law, and without liability to Customer for any damages occasioned by such action.

6.5 Survival. The following Sections of these Terms of Use shall survive any expiration or termination of the Agreement: 1.4 (General Restrictions), 1.5 (Legal Advice) 1.6 (Export), 2.2 (License to Customer Data and Creation of Analytical Data), 3 (Ownership), 5 (Fees and Payment), 6 (Term and Termination), 7.5 (Warranty Disclaimer), 9 (Limitation of Remedies and Damages), 10 (Indemnification), 11 (Confidential Information), and 12 (General Terms).

7. LIMITED WARRANTIES

7.1 Limited Warranties. City Detect warrants, for Customer's benefit only, that during the Contract Term, the Product and Devices will operate in substantial conformity with the Documentation as provided by City Detect (the “Product Warranty”). In the event of breach of the Product Warranty, City Detect shall first be entitled in City Detect’s sole discretion and at no charge to Customer, (a) in the case of software included in the Product, to use commercially reasonable efforts to provide Customer with an error correction or work-around that corrects or avoids the reported non- conformity so that the Product meets the Product Warranty, or (b) in the case of Devices, to repair or replace the defective device. If City Detect determines in its sole discretion that the foregoing remedies to bring the Product into conformity with the Product Warranty are impracticable, impossible, or not commercially reasonable, then City Detect may terminate the Agreement and these Terms of Use upon written notice of such termination from City Detect to Customer, refund to Customer the pro rata portion of Fees attributable to the period during which the Product did not conform to its Product Warranty and/or did not function as contemplated during the period of attempted but unsuccessful correction or cure, and City Detect shall not be liable for any further Fees under the Agreement or for any other remedies other than such refund.

7.2 Warranty Limitations. The limited warranty set forth in Section 7.1 shall not apply: (a) unless Customer makes a claim in writing to City Detect notifying it of a breach of the Product Warranty within 30 days of the date on which the condition giving rise to the breach of the Product Warranty claim first arose, (b) if the Customer is in breach of the Agreement, these Terms of Use, or is using the Product not in compliance with the Documentation, (c) if the error or event that caused the breach of the Product Warranty was caused by misuse, misapplication, negligence, unauthorized use or modifications, any third-party hardware or software, equipment, products, services, or processes, (d) if the error or event that caused the breach of the Product Warranty was caused by a lack or loss of network or internet connectivity, (e) to any Product provided to Customer on a no-charge, evaluation, or beta test basis, (f) if, in the case of a Device, (i) Customer or an End User made any further use of such Device after Customer provided the claim in subsection (a) above, (ii) the defect arose because Customer or an End User failed to adhere to the Documentation as to the storage, installation, use, or maintenance of the Device, (iii) Customer alters or repairs such Device without City Detect’s 18 prior written consent, or (g) to any damage, malfunction, or defect of a Device is caused by a vehicular accident or impact, misuse, neglect, improper installation by Customer, repairs by unauthorized third parties, or any other similar acts of Customer or any End Users or service providers on Customer's behalf.

7.3 Availability. City Detect shall use commercially reasonable efforts to ensure that Customer may access and use the Product, except in the event that: (a) City Detect’s provision of the Product to Customer or any End User is prohibited by applicable law; (b) any third-party services required for Product are interrupted; (c) if the Product is being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on the Product or any other City Detect intellectual property by a third party; or (e) scheduled or emergency maintenance (each of (a) through (e), a “Service Interruption”). In the event of a Service Interruption, City Detect will use commercially reasonable efforts to provide notification and updates to Customer , and to resume providing access to the Product as soon as reasonably possible after the event giving rise to the Service Interruption is cured. City Detect will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any End User may incur as a result of a Service Interruption.

If the Service Interruption is not caused by the Customer's direct actions or by the actions of End Users or service providers of Customer, the duration of the Service Interruption will extend the time of the Term by the length of the Service Interruption for free (for any Service Interruption lasting at least twenty-four (24) consecutive hours). E.g. Customer will receive a credit for 3 additional days at the end of the Term if they suffered a Service Interruption lasting 3 consecutive days.
●Replacement. If there is a malfunction or failure of any Devices or City Detect’s software (each, a “Defect”), Customer must notify City Detect either through the web application and by emailing and calling Customer's City Detect project manager. Upon receiving notice of a Defect, City Detect will use commercially reasonable efforts to repair or replace the defective Device or software at no extra cost to the Customer. City Detect categorizes issues as follows: Level 1 Issues are issues that Customer can resolve in under 15 minutes with City Detect’s remote guidance and without replacing any Device or software; and Level 2 Issues are issues take longer than 15 minutes to resolve, and City Detect will either repair or replace the defective Device or software. City Detect will inspect or test the Defect within 7 business days of receiving notice from the Customer. If a repair or replacement is necessary, it will be completed within 10 business days of receiving notice. City Detect reserves the sole discretion to determine whether to repair or replace the defective Product.

7.4 Warranty Disclaimer. EXCEPT FOR THE LIMITED PRODUCT WARRANTY EXPRESSLY SET FORTH IN SECTION 7.1 ABOVE, THE PRODUCT, AI

OUTPUT, HOSTED SERVICES, AND ALL OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER. EXCEPT FOR THE LIMITED PRODUCT WARRANTY EXPRESSLY SET FORTH IN SECTION 7.1 ABOVE, NEITHER

CUSTOMER, CITY DETECT NOR ITS AFFILIATES, LICENSORS, OR SUPPLIERS

MAKES ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR

IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY

REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CITY DETECT DOES NOT WARRANT THAT THE PRODUCT OR AI OUTPUT WILL MEET CUSTOMER’S

REQUIREMENTS OR RESULT IN ANY OUTCOME, OR THAT THEIR OPERATION 19 WILL BE UNINTERRUPTED OR ERROR-FREE, AND FURTHER MAKES NO

REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,

REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY,

AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION, INCLUDING BUT NOT LIMITED TO ANY AI OUTPUT. IN NO EVENT SHALL CITY DETECT OR ANY

OF ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DELAYS,

INTERRUPTIONS, SERVICE FAILURES, OR ANY OTHER ERRORS OR PROBLEMS

INHERENT IN THE INTERNET OR ANY OTHER ELECTRONIC COMMUNICATIONS OR COMMUNICATIONS SYSTEMS. NONE OF CITY DETECT, ITS AFFILIATES,

LICENSORS, OR SUPPLIERS IS A LAW FIRM AND DO NOT PROVIDE ANY LEGAL

ADVICE FOR OR IN CONNECTION WITH THE PRODUCT OR UNDER OR IN

CONNECTION WITH THE AGREEMENT OR THESE TERMS OF USE, AND NO LEGAL ADVICE IS BEING PROVIDED FOR OR THROUGH CUSTOMER’S ACCESS TO OR

USE OF THE PRODUCT OR ANY PROFESSIONAL SERVICES OR UNDER OR IN CONNECTION WITH THE AGREEMENT OR THESE TERMS OF USE.

8. ADDITIONAL SERVICES

8.1 Implementation Services. Any services provided by City Detect to Customer for the installation and implementation of City Detect Software and Devices (“Implementation Services”) are specified in the Order Form. Customer shall provide such information as City Detect shall reasonably request in order to carry out the Implementation Services in a timely manner and ensure that such information is complete and accurate in all material respects. Customer shall (a) cooperate with City Detect in all matters relating to the Implementation Services and (b) appoint an employee to serve as the primary contact with respect to the Agreement who will have the authority to act on behalf of Customer with respect to the Implementation Services.

8.2 Support. City Detect shall provide chat, phone, or email support (at City Detect’s sole discretion) to Customer from 9AM to 7PM Central Time, Monday through to Friday, business days. City Detect shall use commercially reasonable efforts to respond to support requests within one business day and shall address (internally and externally) such support requests in a commercially reasonable manner. Support shall include, without limitation, troubleshooting system functionality, providing guidance on usage and workflow, and identifying and escalating issues which City Detect prioritizes, based on severity, scope and impact.City Detect shall have no obligation to provide any custom code development, API scripting, or contractual engineering services for Customer.

9. LIMITATION OF REMEDIES AND DAMAGES

9.1 EXCEPT FOR BREACHES OF SECTION 11 (CONFIDENTIAL

INFORMATION) AND INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 10, IN NO EVENT SHALL EITHER PARTY BE LIABLE CONCERNING THE SUBJECT

MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR

ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR

OTHERWISE), FOR ANY (A) LOSS OR INACCURACY OF DATA, LOSS OR

INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY,

GOODS OR SERVICES, (B) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE,

SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT

LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL OR (C)

DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID UNDER THE 20 AGREEMENT HEREUNDER DURING THE PREVIOUS TWELVE (12) MONTHS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 NOTWITHSTANDING THE FOREGOING, WITH RESPECT TO ANY
FREE TRIAL, EVALUATION, OR BETA TEST OF THE PRODUCT, CITY DETECT’S

AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES IN RELATION THERETO WILL IN NO EVENT EXCEED $250 USD, REGARDLESS OF ANY THEORY OF

LIABILITY, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT OR THESE TERMS OF USE TO THE CONTRARY.

10. INDEMNIFICATION

10.1 City Detect Indemnification. Subject to Section 10.3, City Detect shall defend and indemnify Customer from and against any third party claims, causes of action, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with such third party allegations that Customer's use of the Product in accordance with the Agreement, these Terms of Use, and the Documentation infringes or misappropriates any Intellectual Property Rights of such third party (other than any such allegations arising from or in connection with any information or images that may be observable from publicly-accessible pavements, roads, parking lots, or similar areas). If Customer's access to or use of the Product is, or in City Detect’s opinion is likely to be, subject to a claim of infringement, or if required by settlement, City Detect may, in its sole discretion:
(i) substitute similar products or services to the Product subject to such claim of infringement but such substitution shall provide substantially the same level of service, functionality, and features existing as of the effective date that the allegedly infringing Product became subject to such claim of infringement; (ii) modify the Product subject to such claim so as to avoid such claim of infringement but such modification shall provide substantially the same level of service, functionality, and features existing as of the Effective Date that the allegedly infringing Product became subject to such claim of infringement; (iii) procure for Customer the right to continue using the Product; or (iv) if options (i), (ii), and (iii) above are commercially unreasonable or impracticable as determined by City Detect in its sole discretion, then City Detect may terminate the Agreement and these Terms of Use upon written notice thereof to the Customer and thereafter refund to Customer the fees paid by Customer to City Detect for the portion of the Term which was paid by Customer but not rendered by City Detect. The foregoing defend and indemnification obligations of City Detect shall not apply if any such claim of infringement arises from or is in connection with: (1) any modification of the Product other than by City Detect or a third party engaged by City Detect; (2) any combination of the Product with any other software, hardware, equipment, products, services, or processes not expressly recommended or suggested by City Detect; (3) any use of the Product in a manner other than as expressly permitted in the Agreement, these Terms of Use, and the Documentation; or (4) any Customer Data or any third-party data, software, hardware, equipment, products, services, or processes contained within or included with the Product by Customer, an End User, or a third party engaged by Customer. This Section 10.1 sets forth City Detect’s sole and exclusive liability and Customer's sole and exclusive remedy with respect to any claim of Intellectual Property Rights infringement or misappropriation by or in connection with the Product.

10.2 Customer Indemnification. Subject to Section 10.3, Customer shall defend, indemnify, and hold harmless City Detect, its Affiliates, and its and their licensors, suppliers, affiliates, officers, directors, employees, and agents, from and against any and all third party claims, causes of action, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) any action taken (or not taken) by 21 Customer, based upon access to or use of the Product or its output, including but not limited to AI Output; (b) any collection and input of Customer Data in violation of law or this Agreement (c) any service or product offered, provided, accessed, or used by Customer in connection with or related to the Product; (d) any violation by Customer of Customer's representations and warranties in these Terms of Use; failure to require End User to comply with the terms of this Agreement and (f) any breach by Customer of the Agreement, these Terms of Use, or the Documentation.

10.3 Procedure. Any claim for indemnification hereunder requires that (a) the indemnified party provides prompt written notice of the claim and reasonable cooperation, information, and assistance in connection therewith (provided that failure to provide such notice shall only relieve provide such notice shall only relieve the indemnifying party of its indemnity obligations if it is materially prejudiced by such failure), and (b) the indemnifying party shall have sole control and authority to defend, settle or compromise such claim. The indemnifying party shall not make any settlement that requires a materially adverse act or admission by the indemnified party without the indemnified party’s written consent (such consent not to be unreasonably delayed, conditioned or withheld). The indemnifying party shall not be liable for any settlement made without its prior written consent which consent shall not be unreasonably withheld, conditioned or delayed.

11. CONFIDENTIAL INFORMATION

11.1 Each party hereto acknowledges and agrees that all Software, code, inventions, know-how, business, technical and financial information it obtains or receives (“Receiving Party”) from the disclosing party (“Disclosing Party”) under or in connection with the Agreement or these Terms of Use constitutes the confidential information of the Disclosing Party (“Confidential Information”), provided, that it is labeled or marked as confidential, or identified, declared, or designated as confidential at the time of disclosure, or should be reasonably known or understood by the Receiving Party to be confidential due to the nature of the information disclosed and the circumstances surrounding its disclosure. Except for the rights granted to Customer herein and to the extent containing Customer Data, the Product, Analytical Data, Raw Data, AI Output, and the Agreement are deemed to be the Confidential Information of City Detect without any requirement of any labeling, marking, identification, declaration, or designation as confidential. Customer Data shall be deemed to be the Confidential Information of Customer without any requirement of any labeling, marking, identification, declaration, or designation as confidential, subject to the terms of Section 2 above. Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any Confidential Information of the Disclosing Party. The Receiving Party’s nondisclosure obligations in this Section 11 shall not apply to information to the extent which the Receiving Party can document: (a) was rightfully in its possession or known to it prior to receipt of the Confidential Information from the Disclosing Party; (b) is or has become public knowledge through no fault of the Receiving Party or its breach of this Section 11; (c) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation or this Section 11; or (d) is independently developed by employees of the Receiving Party who had no access or reference to Confidential Information of the Disclosing Party; or Reports. If the Receiving Party is required to disclose any Confidential Information of the Disclosing Party pursuant to an order of a court or governmental entity of competent jurisdiction, then the Receiving Party shall give advance written notice of such order to the Disclosing Party (to the extent not prohibited by such order) and afford the Disclosing Party an opportunity to secure, at the Disclosing Party’s expense, a limiting, restrictive, or other remedy regarding such required disclosure. If the Disclosing Party is unable to secure such a limiting, restrictive, or other remedy regarding such Confidential Information of the Disclosing 22 Party, then the Receiving Party shall disclose only that portion of such Confidential Information of the Disclosing Party that the Receiving Party is required to disclose pursuant to such order.

The Receiving Party acknowledges and agrees that any disclosure of any Confidential Information of the Disclosing Party in breach of this Section 11 may cause substantial harm to the Disclosing Party for which damages alone may not be a sufficient remedy for the Disclosing Party, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to seek appropriate equitable (including injunctive) relief in addition to any other remedies it may be entitled to seek under the Agreement, these Terms of Use, at law, or in equity.

12. GENERAL TERMS

12.1 General Representations and Warranties. Each party represents and warrants that: (a) it is a duly organized and validly existing under the laws of the jurisdiction in which it is organized; (b) it has full power and authority, and has obtained all approvals, permissions and consents necessary, to enter into this Agreement, to perform its obligations and to grant the rights hereunder; (c) this Agreement is legally binding upon it and enforceable in accordance with its terms; and (d) the execution, delivery and performance of this Agreement does not and will not conflict with any agreement, instrument, judgment or understanding, oral or written, to which it is a party or by which it may be bound.

12.2 Assignment. The Agreement and these Terms of Use will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign the Agreement or these Terms of Use unless upon the advance written consent of the other party, provided, that City Detect may, without the prior written consent of Customer, assign the Agreement to an Affiliate or in connection with a merger, reorganization, acquisition, change of control, sale, or other transfer of all or substantially all of City Detect’s assets, business, or voting securities. City Detect shall provide Customer with written notice of any such assignment within thirty (30) days after the consummation of any such assignment. If City Detect assigns the Agreement hereunder, Customer shall be entitled to terminate the Agreement, if it so desires, as if terminating under Section 6.2 hereto. Any attempt to transfer or assign the Agreement or these Terms of Use except as expressly authorized under this Section 12.2 will be null and void.

12.3 Severability. If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that such provision and these Terms of Use shall otherwise remain in effect.

12.4 Governing Law; Jurisdiction and Venue. The Agreement and these Terms of Use shall be governed by the laws of the state in which the Customer is located or headquartered, California and the applicable laws of the United States, without regard to any conflicts or choice of laws, rules, or provisions thereof. The exclusive jurisdiction and venue for any legal actions or proceedings between the parties hereto under or in connection with the Agreement or these Terms of Use shall be the state and federal courts located in the county and state where the Customer is located, Riverside County, and both parties hereto hereby submit to the personal jurisdiction of such courts and hereby waive and agree not to raise any objection that such courts represent an inconvenient forum.

12.5 Attorneys’ Fees and Costs. The prevailing party in any action to enforce the Agreement or these Terms of Use will be entitled to recover its attorneys’ fees and costs in connection with such action.
23 12.6 Notice. Any notice or communication required or permitted under these Terms of Use shall be in writing to the parties at their respective addresses of record or at such other address as may be given in writing by either party to the other in accordance with this Section

12.6 and shall be deemed to have been received by the addressee (a) if given by hand, immediately upon receipt; (b) if given by overnight courier service, the first business day following dispatch; (c) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail; or (d) if given by email, the day such email is sent or, if sent after 5:00 PM Central Time, the first business day after such notice is sent.
●If to City Detect: Gavin Baum-Blake; [email protected] 2627 10th Ave Ste 131
Tuscaloosa, AL 35401
●If to Customer: City Manager Charles P. McClendon
760-770-0322
[email protected]

12.7 Amendments; Waivers. Except as otherwise set forth in applicable Order Forms, no supplement, modification, or amendment of the Agreement or these Terms of Use shall be binding, unless executed in writing by a duly authorized representative of each party to the Agreement. No waiver will be implied from conduct or failure to enforce or exercise rights under these Terms of Use, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form employed by Customer will supersede these Terms of Use, and any such document relating to these Terms of Use shall be for administrative purposes only and shall have no legal effect.

12.8 Third Party Beneficiaries. Except as expressly set forth in these Terms of Use, no provisions of these Terms of Use are intended nor will be interpreted to provide or create any third-party beneficiary rights or any other rights of any kind in any other party.

12.9 Feedback. If Customer or its End Users provide City Detect with any feedback, questions, or suggestions regarding the Product (“Feedback”), Customer and its End Users hereby assign to City Detect all rights in such Feedback and agrees that City Detect shall own and have the right to use and fully exploit such Feedback and related information in any manner City Detect deems appropriate. Any Feedback provided by Customer or any End User will be non-confidential and non-proprietary to Customer or any End User.

12.10 Publicity; References. Provided that City Detect complies with trademark usage requirements notified to it by Customer, City Detect may refer to Customer (including on its website and in its related marketing materials and communications) as one of City Detect’s customers and may use Customer’s logo as part of such reference(s). Upon prior written notice to Customer, City Detect may issue a press release announcing the relationship between City Detect and Customer.

12.11 Messaging. From time to time, Customer or its End Users may provide contact information to City Detect to facilitate the functions of the Product. Customer acknowledges 24 and consents, on behalf of each End User, to City Detect’s use of text and other messaging and communications to End Users for the purposes disclosed to Customer and/or its End User, as applicable, at the time of collection.

12.12 Entire Agreement. These Terms of Use, along with the Agreement, and Exhibits thereto, and related appendices and addendums, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of these Terms of Use. Customer acknowledges that a component of the Product is an online, subscription-based product, and that in order to provide improved customer experience City Detect may make changes to the Product provided that such changes provide the same level of service and functionality existing as of the Effective Date of the Agreement.

12.13 Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under the Agreement or these Terms of Use (except for a failure to pay fees) if the delay or failure is due to unforeseen events which occur after the signing of the Agreement and which are beyond the reasonable control of such party, such as an act of God, a strike, blockade, war, act of terrorism, riot, pandemics, quarantines, natural disaster, failure or diminishment of power or telecommunications or data networks or services, data service failures, or refusal of a license by a government agency.

12.14 Independent Contractors. The parties to the Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise, or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent. 1 This Platform Access and Services Agreement (this “Agreement”) is entered into and effective as the latest date signed by the parties (the “Effective Date”) by and between (a) City Detect Inc., a Delaware corporation (“City Detect”), and (b) the City of Cathedral City (“Customer”). This Agreement includes and incorporates Order Form (Exhibit A), the Terms of Use (Exhibit B), the Privacy Policy (Exhibit C), and the End User Terms of Use (Exhibit D).

By: City Detect Inc.

Title Date
Name
By: City of Cathedral City
Title Date
Name
Exhibit C
Privacy Policy
Last modified: November 19, 2024
Introduction
City Detect, Inc. (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website https://citydetect.com/, including any subdomains thereof (collectively, our “Website”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:
•On the Website.
•In email, text, and other electronic messages between you and this Website.

It does not apply to information collected by:
•Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or •Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 16
Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us via email at [email protected].

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see your specific State Privacy Rights for more information.

Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
3 •By which you may be personally identified, such as name, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”); and •About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:
•Directly from you when you provide it to us.
•Automatically as you navigate through the Website. Information collected automatically through a website may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
•From third parties, for example, our business partners.

Information You Provide to Us
The information we collect on or through our Website may include:
•Information that you provide by filling in forms on our Website and interacting with Website features and functionalities. This includes information provided at the time of registering to use our Website, requesting further services, or editing records. We may also ask you for information when you report a problem with our Website.
•From time to time, this website may request information from you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Participation in these surveys is completely voluntary and you are not obligated to disclose the personal information requested such as your name, email address, mailing address, or demographic information (i.e., age, zip code). Survey information will only be used for purposes of monitoring or improving the use and satisfaction of this Website.
•Records and copies of your correspondence (including email addresses), if you contact us. •Your search queries on the Website.
•Other information you voluntarily provide to op in to receive future communications from us.

You also may provide information to be published or displayed (hereinafter, “posted”) on areas of the Website that are transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk.

Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
•Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website. 4 •Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
•Estimate our audience size and usage patterns.
•Store information about your preferences, allowing us to customize our Website according to your individual interests.
•Recognize you when you return to our Website.
•Analyze how users interact with our Website to identify trends, improve functionality, and enhance user experience.

The technologies we use for this automatic data collection may include:
•Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer.

You may refuse to accept browser cookies by activating the appropriate setting on your browser.

However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
•Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
•Behavioral Analytics Tools. We use tools such as Mixpanel to analyze user interactions with our Website, including click paths, time spent on pages, and feature usage. These tools help us understand how users engage with our Website and identify opportunities for improvement.

Mixpanel collects and processes data such as device information, IP addresses, and user activity. •Session Replay Tools. We use session replay tools such as LogRocket to record and replay user interactions with our Website. These tools allow us to review issues, diagnose bugs, and ensure the smooth functioning of our Website. The data captured may include mouse movements, clicks, keystrokes (excluding sensitive fields), and session metadata.

Third-Party Use of Cookies and Other Tracking Technologies Some content or applications on the Website are served by third-parties, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted content from many providers, see Choices About How We Use and Disclose Your Information.
5 How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
•To present our Website and its contents to you.
•To provide you with information, products, or services that you or your organization request from us. •To fulfill any other purpose for which you provide it. •To provide you with notices about your account.
•To carry out our obligations and enforce our rights arising from any contracts entered into between you and us and your organization and us, including for billing and collection. •To notify you about changes to our Website or any products or services we offer or provide through it.
•To allow you to participate in interactive features on our Website. •In any other way we may describe when you provide the information. •For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you.

For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect, or you provide as described in this privacy policy:
•To our subsidiaries and affiliates.
•To your subscribing organization.
•To contractors, service providers, and other third parties we use to support our business. •To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our users is among the assets transferred. •To fulfill the purpose for which you provide it.
•For any other purpose disclosed by us when you provide the information. •With your consent.

We may also disclose your personal information:
•To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
6 •To enforce or apply our terms of use, end user terms of use, and other agreements, including for billing and collection purposes.
•If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
•Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. •Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by clicking the “unsubscribe” link in the body of the email. This opt-out does not apply to information provided to the Company as a result of a user registration, product service experience, or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising.

However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Texas, Virginia, Washington, and Utah may have additional personal information rights and choices. Please see your State Privacy Rights for more information.

Accessing and Correcting Your Information
You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Texas, Virginia, Washington, and Utah may have additional personal information rights and choices. Please see your State Privacy Rights for more information.

Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, visit https://oag.ca.gov/privacy/ccpa.

Colorado, Connecticut, Texas, Virginia, and Utah each provide their state residents with rights to:
7 •Confirm whether we process their personal information. •Access and delete certain personal information.
•Data portability.
•Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, Texas, and Virginia also provide their state residents with rights to:
•Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
•Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, you may submit a request via email to [email protected]. To appeal a decision regarding a consumer rights request you may submit a request via email to [email protected].

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request via email to [email protected].

Residents of states with privacy laws not specifically mentioned here may have additional rights under their respective laws.

Data Security
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on secure servers behind firewalls. Any payment transactions will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Data Retention
We retain personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy or as required by law. When personal information is no longer needed, we securely delete, anonymize, or otherwise de-identify it in accordance with applicable laws.

Marketing
Our Company would like to send you information about products and services of ours that we think you might like, as well as those of our affiliates.

If you have agreed to receive marketing, you may always opt out at a later date.

You have the right at any time to stop our Company from contacting you for marketing purposes or giving 8 your data to other affiliates of the Company.

If you no longer wish to be contacted for marketing purposes, please contact us via email at [email protected].

Data Protection Rights
We would like to make sure you are fully aware of all your data protection rights. Every user is entitled to the following:

The right to access: You have the right to request our Company for copies of your personal information.

We may charge you a small fee for this service.

The right to rectification: You have the right to request that our Company correct any personal information you believe is inaccurate. You also have the right to request our Company to complete information you believe is incomplete.

The right to erasure: You have the right to request that our Company erase your personal information, under certain conditions.

The right to restrict processing: You have the right to request that our Company restrict the processing of your personal information under certain conditions.

The right to object to processing: You have the right to object to our Company’s processing of your personal information, under certain conditions.

The right to data portability: You have the right to request that our Company transfer the personal information that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us via email at [email protected].

Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Address: 2627 10th Ave Suite 131, Tuscaloosa, AL 35475
Email: [email protected]
To register a complaint or concern, you may submit your complaint or concern via email to [email protected].
9 Exhibit D
By clicking the “Accept” button you represent that you are duly authorized to access and use this City Detect Product as an authorized user of a customer of City Detect. Additionally, if you are a contractor or other authorized party that is not an employee of a customer of City Detect, you accept the End User Terms of Use located at https://app.citydetect.com/end-user- agreement and agree that you are legally bound by them. If you do not agree to these statements or to the End User Terms of Use (if applicable), do not click the “Accept” button in which case you will have no license to, and must not access or use, this City Detect Product.

End User Terms of Use
These End User Terms of Use (“User Terms”) govern your use of and access to the software as a service platform (along with all related updates, upgrades, Content (as defined below), Documentation (as defined below), Technology (as defined below), any hardware device(s), and associated web applications (along with all related Content, updates, upgrades, documentation, related services, devices, and new service offerings being referred to collectively as the “Product”) of City Detect Inc. (“City Detect”), including all user documentation for the Product provided by City Detect to the End User under these User Terms that describes the requirements, integration, operation, support, or maintenance of the Product (the “Documentation”), all audio, video, images, text, global positioning system (GPS), other geospatial and environmental data, and other types of content captured by Devices (“Content”), and insights or analysis of Content by artificial intelligence models and methodologies, including “human in the loop” review (“Technology”) provided to or accessed by you (“you” or “your”) for use pursuant to and subject to a Platform Access and Services Agreement (the “Agreement”) and its associated terms of use (the “Terms of Use”) between City Detect and the entity with which you are contracted to provide services (“Customer”).

1. Product Access. Subject to your compliance with these User Terms and Customer’s compliance with the Agreement and the Terms of Use, City Detect hereby grants you access to the Product and access to the Content and Technology solely in accordance with the Documentation, as accessed via the equipment provided by Customer and for Customer’s internal business purposes. The foregoing access will terminate immediately on the earlier to occur of:
(a) the expiration or earlier termination of the Agreement between City Detect and Customer; or
(b) your ceasing to be authorized by Customer to use the Product for any or no reason.

2. Use Restrictions. You shall not, directly or indirectly:
(a) use the Product, including Content, Technology, or Documentation except as set forth in Section 1;
(b) copy the Product, including Content, Technology, or Documentation, in whole or in part;
(c) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Product, including Content and Technology, or any part thereof;
(d) combine the Product, including Content or any other part thereof, with, or incorporate the Product or any part thereof in, any other programs; (e) reverse engineer, disassemble, decompile, decode, or otherwise attempt to 10 derive or gain access to the source code of the Product or any part thereof; (f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in the Product, including Content, Technology, or Documentation, including any copy thereof;
(g) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise provide any access to or use of the Product, including Content and Technology, or any features or functionality of the Product, for any reason, to any other person or entity, including any subcontractor, independent contractor, affiliate, or service provider of Customer, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;
(h) use the Product, including Content, Technology, or Documentation in, or in association with aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; (i) use the Product, including Content, Technology, or Documentation in violation of any law, regulation, or rule; or
(j) use the Product, including Content, Technology, or Documentation for purposes of competitive analysis of the Product, the development of a competing software product or service, or any other purpose that is to City Detect’s commercial disadvantage.

3. Collection and Use of Information.
(a) City Detect and its affiliates or service providers may, directly or indirectly, collect and store personally identifiable information about you in order to deliver the Product and perform its obligations under the Agreement.

Information collected by City Detect and its affiliates or service providers includes name, contact information, location, and other information for the proper function of the Product. This information is subject to City Detect’s privacy policy located attached as Exhibit C.
(b) City Detect may, directly or indirectly, collect publicly accessible information, which may include imagery from the public right of way, geographic locations, municipal government plans and focus areas, aggregated statistics, or other publicly accessible information.
(c) City Detect may, directly or indirectly through the services of others, collect and store information regarding use of the Product and about equipment on which the Product is installed or through which it otherwise is accessed and used, by means of (i) providing maintenance and support services and (ii) security measures included in the Product.
(d) You agree that City Detect may use the information identified in Sections 3(a) or 3(b) for any purpose related to any use of the Product, including but not limited to: (i) improving the performance of the Product, including the accuracy and interpretation of Content, or developing updates; (ii) verifying compliance with the terms of this Agreement and enforcing City Detect’s rights, including all intellectual property rights in and to the Product; and (iii) sharing and selling Technology insights, reports, or analysis to third parties. 11 4. End User Accounts. In order to access and use certain features of the Product, you must register for an account (an “End User Account”). You must keep user ID and password information strictly confidential and not share such information with any unauthorized person. You are responsible for maintaining the confidentiality of your End User Account login information and are fully responsible for activities that occur under your End User Account.

5. Intellectual Property Rights. You acknowledge that the Product, including the Content and Technology, is provided under license, and not sold, to you. You do not acquire any ownership interest in the Product, Content, or Technology under this Agreement, or any other rights to the Product, including Content and Technology, other than to use the Product in accordance with the license granted under this Agreement, subject to all terms, conditions, and restrictions. City Detect and its licensors, affiliates, and service providers, reserve and shall retain their entire right, title, and interest in and to the Product, including Content and Technology, and all intellectual property rights arising out of or relating to the Product, including Content, subject to the license expressly granted to the Customer in this Agreement. You shall safeguard the Product, including Content and Technology, from infringement, misappropriation, theft, misuse, or unauthorized access.

6. Disclaimer of Liability. In no event will City Detect or its affiliates, or any of its or their respective licensors or service providers, be liable to you for any use, interruption, delay, or inability to use the Product. You are provided the Product pursuant to an agreement between City Detect and Customer, solely for the benefit of Customer and at Customer’s discretion. You acknowledge that you have no rights under that Agreement including any rights to enforce any of its terms. Any obligation or liability City Detect or its affiliates, or any of its or their licensors or service providers, may have with respect to your use or inability to use the Product shall be solely to Customer pursuant to that Agreement and subject to all limitations of liability set forth therein.

7. Export Regulation. The Product may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Product to, or make the Product or Documentation accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Product available outside the US.

8. Governing Law. These Terms of Use are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of California.

Staff Report
City Council
Item No. 6.C
Meeting Date: June 25, 2025
From: Kevin Biersack, Financial Services Director
Title: FY 25/26 Community Assistance Grant Program Awards Council Approval
RECOMMENDATION:

The Council Subcommittee recommends City Council approve the award of grants totaling $70,000 for the FY 2025/2026 Community Assistance Grant Program.

BACKGROUND:

On March 12, 2025, City Council appointed an Ad Hoc subcommittee to review Community Assistance Grant Program applications. Funding for the program for FY 2025/2026 is included in the adopted budget totaling $70,000. The grant program was advertised on the city’s website for grant requests ranging from $1,000 to $10,000, and a notice was published on the city’s website and social media accounts starting March 14, 2025. The deadline for grant submissions was April 18, 2025.

DISCUSSION:

Council appointed an Ad Hoc subcommittee consisting of Councilmembers Gutierrez and Lamb to review the applications and make a recommendation to the full Council for formal action. The subcommittee met with city staff on May 8, 2025, to review and provide feedback and recommendations.

Program guidelines to be considered for funding:
•Applicants must be a non-profit 501(c)(3) organization or a tribal or governmental agency.
•Applicants must be based in Cathedral City or demonstrate they provide services to residents or businesses of Cathedral City.
•Applicants must be able to demonstrate they receive funding from other sources and are not relying only on City support.
•Preference will be given to applicants meeting health and human service needs of underserved populations.
•If funded last year, the applicant will need to provide the city a report on how the funding was utilized.

The subcommittee recommended the following awards:

FISCAL IMPACT:

Funding of $70,000 for the grant awards is included in the FY 2025/2026 adopted budget.

FIVE-YEAR STRATEGIC PLAN:

This action will further Goal C – Fiscal Stability and Sustainability Objective - Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.

ATTACHMENTS:

1. FY 2025-2026 Community Assistance Grant Program Applications 65 Check V3610
1 Describe Briefly How The Requested Funds Will Be Used:
2025 Grant Proposal Update for 65Check: Senior Call Check This year, Cathedral City Senior Center and 65Check are proud to take the next step together:
demonstrating a real -world model of how proactive wellness calls can transform aging in place for Cathedral City's seniors.

Thanks to last year's support, we laid the groundwork —integrating 65Check’s cutting-edge senior wellness call technology into our new MidValley Wellness Center program. We assessed community needs through the Edmundo & Herlinda Carrillo Equity in Aging Initiative, listening directly to seniors, families, and caregivers. We educate the public at the senior center and across different sites about the power of consistent connection to combat isolation, loneliness, and undetected health issues.

In 2025, we are ready to activate a full demonstration project in Cathedral City, with the Senior Center as the anchor site.

The requested funds will directly support implementing 65Check's wellness call services for our local seniors—targeting those most at risk of isolation, food insecurity, and health crises.

Once a Friendly Caller volunteer task force is created to make outg oing calls, the senior center will begin signing residents up for this free service and ensuring that no one in Cathedral City falls through the cracks.

This demonstration project will serve as a vital proof of concept: showing that even in a small city like Cathedral City, regular, professional wellness calls can catch red flags early, connect seniors to help faster, reduce hospitalizations, and improve quality of life.

65 Check V3610
It’s a simple but powerful idea—one conversation at a time, we keep people safer, healthier, and more connected to the community they love.

Your investment this year will not only support Cathedral City’s most vulnerable residents— it will help build a replicable, sustainable model for regular wellness calls in communities across the Valley.

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? 65Check continues to benefit from strong local partnerships. The Cathedral City Senior Center contributed $1,000 in direct support and is actively assisting with additional fundraising to sustain and grow the program. Together, we secured a $25,000 proof -of- concept grant from the RAP Foundation, which helped us begin integration with the Senior Center’s new MidValley Wellness Center.

Importantly, the City's support last year was successfully leveraged to raise an additional $5,000 in private contributions, while also giving the project critical credibility and visibility.

Thanks to this momentum, there is now strong interest from funde rs, partners, and the broader community to see the 65Check model fully demonstrated and successfully scaled.

Funding this proposal will allow Cathedral City to continue leading the way in innovative, proactive senior wellness—building a model others across the Valley can follow.

3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
65Check is a nonprofit organization (EIN: 88 -3124035) based in Cathedral City, California, founded to address one of the most urgent public health challenges facing older adults:
isolation and loneliness. Originating from the diverse and vibrant Coachella Valley, 65Check is building a replicable model aimed at connecting and protecting seniors—first locally, and ultimately throughout Southern, Central, and Northern California.

Our signature service is the Senior Call Check program: a complimentary, daily wellness call powered by IBM’s Watson technology. Each call offers not just a safety check -in, but cognitive engagement through conversation and trivia designed to stimulate men tal acuity and emotional well-being. If a senior does not respond after multiple attempts, designated 65 Check V3610
contacts and/or local authorities are immediately notified, ensuring rapid intervention and support.

We are a volunteer -driven organization with strong ties to the community. Our leadership includes Bill Miller of Cathedral City as Board Chair, along with Vic Ide and Geoff Corbin from the Cathedral City Senior Center, reinforcing our close collaboration with one of the Valley’s most respected senior-serving agencies.

Over the past year, we have strengthened our model through conversations with similar projects nationwide, learning from their experiences and best practices. Locally, interest from residents, caregivers, and community agencies has been overwhelming—confirming a clear and urgent need for consistent, trusted daily check-ins.

The COVID-19 pandemic made the devastating effects of isolation impossible to ignore. In response, 65Check has emerged as an essential innovation in aging services: a low- cost, high-impact way to keep seniors connected, safe, and emotionally supported—rega rdless of their income, language, or living situation.

Today, through a deepening partnership with the Cathedral City Senior Center and growing local demand, we are proud to lead the demonstration of a scalable, sustainable model for proactive senior wellness—designed by and for the communities we serve.

4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
loneliness among seniors, especially those living alone. Decades of research—and the lived experience of the COVID -19 pandemic —c o n fi r m t h a t i s o l a t i o n l e a d s t o h i g h e r r i s k s o f depression, anxiety, heart disease, dementia, and premature death among older adults.

Our Senior Call Check program is a simple but powerful intervention. Through daily, automated wellness calls —enhanced with cognitive engagement like trivia and conversation starters —we provide meaningful social interaction, regular mental stimulation, and a vital safety net for seniors who may otherwise be invisible in the community.

Beyond emotional well-being, we also address physical safety. If a senior misses a call, our system triggers a prompt response—alerting designated family, friends, or local authorities to check on their welfare. This rapid-response design ensures that isol ated seniors are not left alone in crisis.
65 Check V3610
In Cathedral City and the broader Coachella Valley, these needs are especially acute. Many seniors are aging in place without nearby family support, and economic and language barriers often prevent them from accessing traditional services. Our model is int entionally low-barrier, culturally responsive, and scalable to meet seniors where they are —whether English-speaking, Spanish-speaking, or living in underserved or rural areas.

By expanding 65Check through the Cathedral City Senior Center’s MidValley Wellness Center, we are working to create a stronger, more connected, and safer aging community.

Our goal is simple: no senior should feel forgotten, unsafe, or alone.

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.) Through the Senior Call Check program, 65Check aims to accomplish several key outcomes that directly address the urgent needs of Cathedral City's senior community:

1. Reduce Loneliness and Isolation: By providing daily social interaction through our calls, we will decrease feelings of loneliness and social disconnection among seniors — strengthening emotional health, improving mood, and building a stronger sense of community belonging.

2. Enhance Cognitive Health: Each call will include trivia and conversation starters designed to stimulate memory, critical thinking, and attention —helping delay cognitive decline and keeping seniors mentally active and engaged.

3. Improve Safety and Rapid Response: Our automated system monitors well -being daily.

Missed calls trigger immediate follow -up with designated contacts or local authorities, ensuring seniors who may fall ill or face emergencies are quickly reached.

4. Expand Access to Supportive Services: Through integration with the Cathedral City Senior Center and the MidValley Wellness Center, participants will also be connected to vital health care, social services, and public health resources —broadening their safety net far beyond the call itself.

Impact and Reach: By the conclusion of this pilot year, we aim to:
65 Check V3610
• Enroll at least 150 Cathedral City seniors in the Senior Call Check program • Conduct community surveys to refine and tailor the service based on local needs • Host multiple public outreach events to educate residents about the program and its benefits
• Integrate Senior Call Check as a core offering of the MidValley Wellness Center Long-Term Goals: Over time, we expect to see:
• A measurable reduction in emergency incidents among participants • Documented improvements in reported mental health and well-being • A replicable model that other communities across California can adopt Our objectives directly align with the needs identified in Question #4: providing daily human connection, cognitive engagement, enhanced safety measures, and better access to the broader community care network. Through this simple but powerful program, we aim to ensure that no senior in Cathedral City feels forgotten—and every senior feels seen, valued, and supported.

6 If Your Program Costs More Than You Are Requesting From The Community Assistance P r o g r a m , H o w D o Y o u P l a n T o P a y F o r T h e A d d i t i o n a l C o s t s ? W h a t S t e p s H a v e Y o u Already Taken To Get Additional Funds Or In-Kind Support If Necessary? Diverse Funding Sources: We actively pursue grants from philanthropic organizations, government agencies, and private foundations focused on senior care, digital health innovation, and community well-being to build a stable, diversified funding base, but i t is a fairly low-cost operation. The cost is in the startup and getting the word out.

Effectiv e Use of Artificial Intel ligence: B y lev er aging advanced AI technology in our Senior Call Check system, we are able to offer a high-impact, scalable service with minimal staffing overhead, ensuring that donor and grant dollars are maximized toward direct client engagement rather than administrative costs.

In-Kind Donations and Volunteer Support: We actively seek in-kind support such as donated office space, technology infrastructure, and professional services. Volunteers play a crucial role in program delivery, helping manage operations, outreach, and administrative tasks. Our partnership with the Cathedral City Senior Center has been pivotal in this area—providing both volunteer support and in-kind administrative assistance. 65 Check V3610
Strategic Partnership Development: We are currently working toward becoming an official partner of the Senior Center’s new MidValley Wellness Center. If finalized, this partnership would provide 65Check with free office space and additional operational support, significantly reducing our fixed costs and allowing us to dedicate more resources directly to senior services.

Steps Already Taken:
• We have submitted multiple grant applications specifically aligned with funders’ priorities in elder care, technology access, and community health innovation. • Our most recent fundraising event surpassed its goal, confirming strong community buy - in. We are building on this success with a plan for additional fundraising and visibility efforts in 2025.

Through these efforts, we are building a sustainable, efficient model that adapts to evolving community needs while ensuring that every dollar invested produces maximum impact for Cathedral City’s seniors.

7 If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
raise funds as well as your organization’s history of maintaining services/programs.) 65Check has a clear and sustainable path forward to continue the Senior Call Check program beyond the current grant period.

Our strategic plan includes expanding revenue -generating activities that align with our mission, such as partnerships with health systems, senior service providers, and municipalities that recognize the value of proactive wellness outreach. These efforts will not only sustain the Senior Call Check program but also strengthen 65Check’s long-term role as a vital resource promoting senior health, independence, and safety across California.

Momentum for 65Check is growing. Through our partnership with the Cathedral City Senior Center and its MidValley Wellness Center, we have secured critical in -kind support, including free office space and operational assistance, which dramatically reduces overhead and strengthens financial sustainability.
65 Check V3610
Following successful demonstration and data collection through our pilot phase, our ultimate goal is for 65Check to be positioned for official adoption as a vendor by the State of California, senior living providers, and local governments seeking cost-effective solutions to address isolation, cognitive decline, and emergency risk among aging populations.

Until then, we will continue leveraging our partnerships, volunteer support, diversified fundraising efforts, and strong community engagement to ensure that the Senior Call Check program remains a trusted, sustainable service for Cathedral City and beyond.

8 (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

We are incredibly excited about the work we've accomplished since last year, and even more energized for what’s ahead. Thanks to the support and encouragement of partners like Cathedral City, we’ve made major strides in turning 65Check into a nearly operat ional, community-ready service.

Over the past year, we developed a suite of professional collateral materials to support community education and engagement, including:
• 65Check: How It Works – Frequently Asked Questions designed to make enrollment easy and build user confidence, especially among seniors and their families. • A Wellness Guide for First Responders that clearly outlines how we collaborate with local public safety teams when a wellness check is needed, ensuring fast, coordinated responses. • Branding and Logo Development to give 65Check a recognizable, trusted public presence. • Training Materials to support consistent, high- quality outreach and operations as we expand.

The goal is to make 65Check a recognizable, respected name, that our community is eager utilize.

With the Senior Center’s MidValley Wellness Center now offering us a potential official partnership, including free office space and support, we are well -positioned to launch and sustain this vital program at a larger scale. Cathedral City’s consistent support for innovation and senior wellness has been inspiring and essential to getting us to this point.

We are deeply grateful for the opportunity to continue this work together—and we are ready to roll up our sleeves and make a tangible difference for the seniors of Cathedral City and, eventually, across the Valley. Thank you for your trust and partnership.

ACT for MS V3252

1 Describe Briefly How The Requested Funds Will Be Used:

Funds will be used to pay for direct services to Cathedral City clients: services include strength training, gym membership at In-Shape in Cathedral City, adaptive yoga, circulation therapies, one-on-one mental health therapies, and educational workshops. Cathedral City clients receive services free of charge. We will also provide mobility aids as needed: walkers, wheelchairs, motorized wheelchairs, canes, etc.

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? Auen Foundation - $10,000; Bighorn Cares: 11,000; City of Palm Desert - $5,000; Grace Helen Spearman Foundation - $7,500; Barker Foundation - $10,000; RAP Foundation - $5,000; Houston Family Foundation - $12,000; Fundraising Events: $115,000;

3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
ACT for MS is a local charity founded by Gloria Greer in 1999 after her daughter, Norma, was diagnosed with Multiple Sclerosis. ACT for MS provides FREE ongoing life enhancing programs and services to desert residents suffering from this incurable disease . All funds raised stay in the Coachella Valley. From 12 clients in 1999, ACT for MS now services 98 clients spread across the Coachella Valley. ACT for MS is an independent 501 (c) 3, not

ACT for MS V3252
connected to any national organization. There is one paid Latina staff member, a volunteer board of directors, and a handful of service volunteers. ACT for MS works with local gyms, physical & mental health therapists, & medical agencies to provide these services. The only requirement to become a client is CV residency and a letter from a neurologist verifying that the client has Multiple Sclerosis. Most clients are 55 or older, 65% are female; 73% are low income.

4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
MS is usually diagnosed between 20 and 40, affecting a person's most productive working years. Many are forced to go on disability because they cannot hold down full working schedules. MS affects each person differently. Before ACT for MS, clients were t old to go home and be a "couch potato" . "You will need a wheelchair in 2 years. " We have clients who are still walking after 9 years of using our programs. We know that working out helps the body fight the side effects of multiple sclerosis. Physical training helps clients' balance, flexibility, mobility and core muscle strength. ACT for MS programs reduce hospital and urgent care visits, saving the county money. HARC did a 4 year study, proving that first time clients improved 36% overall on flexibility, m obility and balance. Ongoing clients only saw a 1/2 percent decline year over year. Mental health therapies offset depression; educational gettogethers offset emotional isolation.

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
Clients using our services will maintain their ability to be mobile and be productive citizens.

We have 6 clients who live in Cathedral City. Full services per client costs approximately $2,252 per year. These clients receive free weekly services, based o n their physical and emotional needs. These are customized to each client. Local neurologists have ACT for MS brochures and refer new clients to us. We don't know how many new clients will approach us in the next 12 months. We usually have a waiting list o f 2 to 4 clients. All funds received from Cathedral City will only be used to pay for Cathedral City clients' services.

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6 If Your Program Costs More Than You Are Requesting From The Community Assistance P r o g r a m , H o w D o Y o u P l a n T o P a y F o r T h e A d d i t i o n a l C o s t s ? W h a t S t e p s H a v e Y o u Already Taken To Get Additional Funds Or In-Kind Support If Necessary? ACT for MS holds at least 2 fundraisers per year and applies for grants on an ongoing basis.

Our number 1 goal is to provide free services for the clients. We recently relocated offices to reduce overhead. We only have one paid staff person, again to keep overhead low, and to make sure that our funds are spent delivering client services. Our current location is being d e m o l i s h e d t o m a k e w a y f o r t h e n e w P a l m D e s e r t l i b r a r y , s o w e a r e u s i n g a P O B o x f o r correspondence, as we will be moving within the next 4 months. Fortunately, clients receive services off site or in their home, if they are bed-bound.

7 If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
Client service programs are the core of ACT for MS. For over 25 years, we have provided free services. As mentioned, we started with 12 clients, and now have 98. We have a 25 year history of providing free services to our clients. We started with physical workout programs and then added mental health. One client told us that "ACT for MS saved my life. " She had tried for 4 years to get insurance to cover mental health to no avail. Our program popped up, she applied, and voila! Suicidal thoughts gone; blood pressure and heart rate back to normal. Now she has the tools required to help her stay positive. We are always fundraising.

We know that ACT for MS makes a difference in our clients' lives. Clients have also told us that our services help extend their lives by at least 5 years.

8 (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

Alzheimers Coachella Valley V3245

1 Describe Briefly How The Requested Funds Will Be Used:

Alzheimer's Coachella Valley (ACV) is requesting funds to support the continuation and expansion of our vital Club Journey program. Club Journey serves as an essential safeguard against the profound social isolation and loneliness experienced by a growing number of Cathedral City residents and other Coachella Valley individuals living with Alzheimer's, dementia, and other cognitive impairments, as well as their caregivers.

This program directly benefits Cathedral City by:
• Providing much-needed support to its residents facing the challenges of dementia. • Enhancing the quality of life for individuals and families affected by dementia through the reduction of social isolation and promotion of overall well-being. • Creating a crucial linkage to ACV’s 14 other programs and 19 support groups, ensuring a holistic and integrated approach to care. This linkage directly benefits Cathedral City residents by connecting them with a broader system of support. • Contributing to the education of future healthcare professionals who may serve the community. Club Journey provides a unique opportunity for these professionals to gain valuable experience and understanding of dementia care, ultimately benefiting Cathedral City's healthcare future.

Club Journey also provides a unique training opportunity for College of the Desert nursing students. This hands -on experience allows students to develop essential skills in client engagement, gain critical insights into participant safety considerations, and deepen their understanding of the multifaceted mental and physical effects of Alzheimer’s and dementia, including their impact on caregivers. Club Journey ‘s rotation fulfills a key mental health

Alzheimers Coachella Valley V3245
requirement within the third-semester nursing curriculum. It should be noted that the COD Nursing Program requested that AVC double the number of student nurses it trains beginning in the 2025/2026 school year.

Club Journey is more than just a program; it's a lifeline that connects vulnerable individuals and families to a broader system of care and support, directly addressing the challenges of dementia within Cathedral City while also investing in the future of its healthcare workforce.

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? The project budget for FY 2025-26 is $352,000.

Funders include:

Rupe Foundation - $35,000 pending renewal
Houston Foundation - $40,000 committed
Bighorn Cares - $10,000 committed
RAP - $10,000 committed
Morongo Band of Mission Indians - $5,000 committed
Auen Foundation - $40,000 committed
Berger Foundation - $40,000 committed
In-Kind Monthly lunch sponsorships - $5,800 committed
Various valley cities - Committed Cities $10,000 - La Quinta, and Rancho Mirage.

ACV fundraisers and donations - $100,000 anticipated
Other anticipated grant opportunities throughout the year, are to include various valley cities Palm Desert, Indio, Palm Springs, Cathedral City and other funding sources - over $30,000 to be submitted based on grant cycles.

Cathedral City's funds will be leveraged in partnership with the above supporters to provide services.

3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally Alzheimers Coachella Valley V3245
served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
Alzheimer's Coachella Valley (ACV) is a dedicated 501(c)(3) nonprofit organization founded in 2017 to directly address the growing needs of individuals in the Coachella Valley living with Alzheimer's, dementia, and other cognitive impairments, as well as t heir invaluable care partners. Recognizing a gap in local, direct support services distinct from national research organizations, ACV was established by community members passionate about providing practical and compassionate assistance to their neighbors.

ACV operates a comprehensive service model guided by best practices and standards of care established by leading authorities such as the American Medical Association, National Institute of Aging, and National Association of Health Professionals. Our dedica ted team comprises a full -time Program Director who oversees all program operations and ensures quality service delivery. We also have two full -time Spanish-speaking staff members, including a vital bilingual Outreach Specialist who focuses on engaging and supporting our significant Latinx community within the Coachella Valley. Contract support includes an experienced Executive Consultant, a Development Director focused on fundraising sustainability, and a part -time Grant Writer. Crucially, the delivery of all our 14 evidence - based programs and services, including Club Journey, our free cognitive diagnostic Screening Center (the only one of its kind in the Coachella Valley), and 19 support groups, is facilitated by a dedicated and trained team of expert volunteers.

Our service delivery is geographically focused on the entire Coachella Valley, encompassing communities like Cathedral City, Rancho Mirage, Palm Springs, Palm Desert, Indio, Mecca and Coachella. While our programs are open to all residents, we have traditionally served a diverse population reflecting the demographics of the Valley. This includes a significant proportion of older adults, with the majority of our diagnosed clients being 75 years of age or older (approximately 76%), and a notable segment (arou nd 20%) aged 65- 74. Recognizing the economic realities of our community, we actively serve low to moderate -income individuals, with nearly half of our diagnosed clients insured by Medi-Cal. Our bilingual staff and culturally sensitive programs ensure that our services are accessible and relevant to the Valley's substantial Latinx population, addressing language barriers and cultural nuances in care and support. ACV is deeply embedded in the Coachella Valley community.

4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
Alzheimers Coachella Valley V3245
People with Alzheimer's, dementia and other cognitive impairments frequently suffer social isolation and loneliness due to symptoms like difficulty remembering people and events, an increased fear of falling, and frightening behavioral changes. Caregivers often feel overwhelmed by their roles, especially as symptoms worsen. Feelings of loss and grief prevent care partners from reaching out to others. These challenges cause support networks to shrink, which increases anxiety, depression, and contributes to a poorer quality of life. In the U.S., Alzheimer's is the fifth leading cause of death for people aged 65 and older; in the Coachella Valley, a full 25% of the population is aged 65 or over. And of great concern, in California, Alzheimer's cases are expecte d t o i n c r e a s e b y m o r e t h a n 2 0 % i n t h e n e x t fi v e years. To meet the current and growing need, Club Journey, a free program offered to all Coachella Valley residents, was created specifically to improve socialization, promote cognitive function, provide emotional support and educate those with cognitive impairment diagnoses and their partners.

A second vital community need the program addresses is the lack of professional healthcare workers in the Coachella Valley. As noted by OneFutureCV .org, local hospitals are already experiencing a significant shortage of nurses and 20% of RNs are approaching retirement.

These shortages will impact the healthcare all local residents will be able to receive. Through our partnership with COD, nursing students are given the unique opportunity to interact with clients and their caregivers in a safe, social environment to learn more about their health and mental health needs and issues.

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
Through ACV’s continued work our request will provide 50 Cathedral City residents comprehensive support through Club Journey with access to Alzheimers Coachella Valley's (ACV's) full spectrum of 14 specialized programs and 19 vital support groups. This mul ti- faceted approach directly addresses the critical and pervasive issues of social isolation and profound loneliness experienced by individuals living with Alzheimer's, dementia, and other cognitive impairments, as well as the significant emotional and practical burdens faced by their caregivers within the Cathedral City community.

Alzheimers Coachella Valley V3245
For individuals with cognitive impairments, symptoms such as difficulty remembering people and events lead to withdrawal from social interactions due to embarrassment and confusion. An increased fear of falling further limits their engagement in community activities. Moreover, frightening behavioral changes can alienate them from former social circles. These factors combine to create a significant risk of isolation, leading to increased anxiety, depression, and a demonstrably poorer quality of life. Resear ch has firmly linked social isolation and loneliness to accelerated cognitive decline, a higher risk of developing Alzheimer's disease, and even increased mortality rates. Given the substantial senior population within the Coachella Valley, including Cathedral City, the need for accessible and effective interventions is paramount.

Simultaneously, caregivers often feel intensely overwhelmed by their expanding responsibilities, especially as the cognitive impairment of their loved one progresses. The feelings of loss and grief associated with the changing relationship and the decline of their loved one frequently prevent care partners from reaching out for support themselves. This leads to caregiver burnout, increased stress, anxiety, and depression, further shrinking their own already strained support networks. ACV's 19 vital support groups will provide a crucial lifeline for these Cathedral City residents, offering essential emotional and informational resources, fostering a supportive community, and reducing feelings of isolation.

A significant obstacle in addressing these interconnected needs is the lack of affordable and accessible services specifically designed to combat social isolation and loneliness in this population. While ACV offers a broad range of support through its 14 programs, including cognitive stimulation, art therapy, respite care, and educational workshops, Club Journey provides a focused and consistent opportunity for social engagement tailored to the specific needs of individuals with cognitive impairments. By ex tending access to Club Journey, alongside our comprehensive suite of programs and support groups, we aim to create a robust and integrated network of care for Cathedral City residents affected by dementia.

Our efforts directly confront the problems of social isolation and caregiver burden by providing a ACV’s free, structured, and supportive environment through Club Journey, actively promoting ACV’s socialization, stimulating cognitive function, offering cru cial emotional support and providing valuable education for both individuals with cognitive impairment diagnoses and their care partners in Cathedral City. As a key component of ACV's comprehensive service array, this expanded outreach to Cathedral City will be a vital Alzheimers Coachella Valley V3245
effort against the devastating consequences of social isolation and loneliness for this vulnerable population within the city.

Provide education to 120 COD nursing students.

Quantitatively, our 2024-25 objectives are to:
- Provide our free Club Journey program each Tuesday and Thursday for 50 of 52 weeks; - Serve 200 participants, including 50 who are residents of Cathedral City.

Qualitatively, our 2025-26 objectives are to:
1) increase socialization, 2) reduce loneliness, 3) improve cognition, 4) improve fitness, 5) reduce anxiety and depression among participants. -

We measure success through surveys, staff observations and self -reports. On a one to five scale, with five as the highest quality. ACV strives to prove a satisfaction rating of 85% and above.

6 If Your Program Costs More Than You Are Requesting From The Community Assistance P r o g r a m , H o w D o Y o u P l a n T o P a y F o r T h e A d d i t i o n a l C o s t s ? W h a t S t e p s H a v e Y o u Already Taken To Get Additional Funds Or In-Kind Support If Necessary? As provided in #2 above, we have applied for a number of grants and will continue to do so throughout the year. In addition, we will solicit contributions from donors and board members, and host our annual fundraiser, Endless Possibilities, which will also support program costs. We benefit from the in-kind support of numerous dedicated volunteers with expertise in the medical field, social work and education providing over 4,500 hours of direct program service.

7 If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
ACV will pursue a fundraising based on our grant and fundraising strategic plan, which includes submitting grant proposals to public agencies and private foundations, securing Alzheimers Coachella Valley V3245
sponsorships to support our fundraising events, and soliciting donor and Board contributions. We are also taking steps to enhance our volunteer program.

8 (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

It should be noted that ACV has active collaborations with the Cathedral City Senior Center, local congregations, medical providers, etc.

The progression of Alzheimer's disease is highly individual, and the duration of each stage can vary. On average, individuals may live for 8-10 years after diagnosis.

Currently, there is no cure for Alzheimer's disease, and treatments focus on managing symptoms and slowing the progression of cognitive decline. Understanding the nature and course of Alzheimer's is crucial for providing appropriate support and care to individuals and their families throughout their journey with the disease.

Currently Alzheimer’s is rated as the 3rd cause of death of seniors in Riverside and 4th in the Coachella Valley.

ACV acts as vital hub of support, information, and advocacy for the Alzheimer's and dementia community . ACV fills the critical gaps in care and works tirelessly to improve the lives of those affected by this devastating disease.

American Legion V3242

1 Describe Briefly How The Requested Funds Will Be Used:

The funds will be used to go to Veterans Village in Cathedral City on Landau As we did last year, and received $1,200 from the grant, provided laundry money for their washer/dryers, that use only quarters
The money will be running out in May.

The veterans and speaking with the property manager, they all really appreciate it

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? We have no other commitments from any other orgaization, other than ours.

3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
The American Legion Auxiliary has been providing needs to the veterans, military, their families and the community for over 100 years.

It is our Mission to continue to provide to the needy

American Legion V3242
There has been a rising need for donations to veterans and community. So unnecessary homeless
We frequently go the parks, hang outs for homeless and veteran's homes to provide them with food, linen, etc

4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
The needs are many. From laundry money, help stock the Veterans Village pantry.

Continue to donation Holiday foods
Emergency Relief Fund's
29 Palms Military Base
USO
Funeral expenses
Medical Equipment
Medical Expenses

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
There is a 65 Unit complex at Veterans Village. With the funding, we can continue to feed the families/veterans, keep the laundry going
Focus on the more needy for housing, bills, etc
Keep families/veterans in their home, provide clothing, foods and shelter.

American Legion V3242
6 If Your Program Costs More Than You Are Requesting From The Community Assistance P r o g r a m , H o w D o Y o u P l a n T o P a y F o r T h e A d d i t i o n a l C o s t s ? W h a t S t e p s H a v e Y o u Already Taken To Get Additional Funds Or In-Kind Support If Necessary? We hold Events during the year that help build our funds Annual Poppy mailings to our members
Veterans day collect donations

7 If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
We raise funds from events, poppy mailings, street fair booth applying for other grants

8 (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

The greatest reward is to see the smiling faces on the veterans, children's, families faces when we walk up with food, laundry money
They say "Look! there are the people that help us with food and laundry!" Angel View V75

1 Describe Briefly How The Requested Funds Will Be Used:

All funds awarded will be utilized to provide direct client benefit through the provision of individualized case management services to Cathedral City families who are struggling to raise children with disabilities. 300 case management hours will be provided by one of Angel View's bilingual social workers in order to reduce isolation and loneliness.

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? Barker Foundation- $25,000 Received
Desert Healthcare District- $86,000 Approval
RAP Foundation- $38,000 Approved
Anderson Childrens Foundation-$20,000

3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
Angel View's mission is to help children and adults with disabilities reach their maximum potential. We assist clients through three primary programs. Residential: We provide 24 - hour residential services to clients in six bed group -homes (Intermediate Care Facilities for

Angel View V75
the Developmentally Disabled) that emulate a family environment and a Congregate Living Health Facility for ventilator dependent clients with muscular dystrophy (96 residential clients). Day Program: We offer a therapeutic weekday Day Program for up to 105 adults with developmental disabilities. We provide transportation to clients of our homes and Day Program. Outreach: Through our Children's Outreach Program, we provide a range of free services and support 600+ local families who are struggling to care fo r and raise their children with developmental and physical disabilities. Nearly all are low or very low income.

4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
Angel View's Outreach Program was created to help Coachella Valley families struggling to raise children with Disabilities 13 years ago. For this Project, we will target families in Cathedral City to provide 300 case management hours. Four full -time case managers(community navigators) will help parents take actions to improve their children's access to primary and specialty medical care, support groups and community activities.

Actions include: helping parents find and apply for various safety net services and health insurance; IEP support; client advocacy when families are denied benefits or insurance claims; mileage reimbursement for miles traveled accessing specialty pediatric care and activities; and mini -grants for medical equipment, communication devic es, supplies and services not covered by Medi -Cal or other insurance. The Outreach program has evolved over the 13 years and after the pandemic there is a need to reduce loneliness and isolation experienced by families raising children with disabilities,

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
We hope to reach 20 Cathedral City families raising children with disabilities and provide case management by our licensed social workers. Hundreds of Cathedral City families face this daunting situation, plus a lack of local specialty pediatric care by physicians who accept Medi-Cal. Most receive care from specialists in Loma Linda, but it's a long way from the Valley and the cost of transportation is a huge burden.

Angel View V75
Further complicating the issue, many families are unaware that they could qualify for benefits that would improve their access to care. Others don't know how to apply or give up after being denied. To improve access to health services, local families raising children with disabilities need and benefit from one-on-one bilingual assistance and advocacy.

Angel View's Outreach Program was created 13 years ago to help local families struggling to raise children with disabilities. ALL SERVICES ARE FREE to participants.

6 If Your Program Costs More Than You Are Requesting From The Community Assistance P r o g r a m , H o w D o Y o u P l a n T o P a y F o r T h e A d d i t i o n a l C o s t s ? W h a t S t e p s H a v e Y o u Already Taken To Get Additional Funds Or In-Kind Support If Necessary? The Outreach Program is completely funded by philanthropy and we have applied for additional grants and promote individual donations to the program.

7 If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
The Angel View Outreach program was started 13 years ago and will continue beyond the project period. We will continue to apply for grants and appeal to individual donations.

8 (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

Angel View has received a two year grant from the Desert Healthcare District to reduce loneliness and isolation in the Coachella Valley. The grant funding from Cathedral City will help to further this mission in the Coachella Valley.

Assistance League of Coachella Valley V102

1 Describe Briefly How The Requested Funds Will Be Used:

In 2025-2026, through our Operation School Bell program, we will clothe and provide hygiene supplies to approximately 1,600 under -served, under -represented, low -income PSUSD elementary students. Of these 1,600 students, 400 -475 will be students in the foll owing Cathedral City schools: Agua Caliente, Cathedral City, Landau, Rio Vista and Sunny Sands.

T h e s e s c h o o l s w e r e i d e n t i fi e d b y P S U S D a s b e i n g m o s t i n n e e d . O u r e x p e n d i t u r e s f o r elementary Cathedral City student are estimated at $58 per student for clothing and hygiene supplies. We plan to expand our program to include clothing and hygiene supplies for homeless and foster youth and to disadvantaged middle and high school students.

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? We are in the midst of grant proposals from other local governments, local private and public non-profits and individual and corporate donors. Potential donors: Anderson Children’s Foundation ($20,000), Bighorn Charities ($20,000), Barker Foundation ($10, 000), Hansen Family Foundation, ($10,000), Inland Empire Community Foundation ($7,500), Cities of Indian Wells ($10,000), Palm Springs ($3,500), Palm Desert ($2,500), Indio ($2,500), Rancho Mirage ($2,500), and Coachella ($1,000).

3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally

Assistance League of Coachella Valley V102
served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
Assistance League Coachella Valley, an all volunteer 501(c)(3) organization, has operated in the Coachella Valley since 1973. While part of a national charitable organization, all funds raised are solely for Coachella Valley residents. Since 1991, through our Operation School Bell program, our organization has provided new school clothing, hygiene kits and school supplies to under -served, under represented, low -income public -school students. Over 65,000 students have been served through the program. There are no comparable programs in the area. We serve three school districts (Coachella Valley, Palm Springs. and Desert Sands), where the majority of these students are minority and socio -economically disadvantaged.

4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
We address the continued financial struggle faced by many families. New school clothes and hygiene supplies make a significant difference to disadvantaged students who do their best to focus on learning amid economic challenges their families were facing. As we prepare to serve even more children during the upcoming school year, we also celebrate the 65,000+ students we have helped over the years. Our belief is that children can do great things and rise above their circumstances if given the right tools to succeed. The families and students we assist are at the poverty level. These children start school from a disadvantage. School district personnel refer us to needy students, i.e.: students with limited school clothes because of an emergency or crisis; rais ed by a struggling single parent, in foster care, or living in a homeless shelter, being teased or bullied because of the clothes they wear; and students teachers observe wearing worn, torn or ill -fitting clothing, or the same clothes day after day. After students are identified, our volunteers order clothing and pack clothing bags for recipients. Participating students receive shirts, shoes, socks. underwear. and hygiene kits. Additional clothing and hygiene supplies are purchased for inventory, enabling school administrators to distribute items throughout the school year as needs arise.

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a Assistance League of Coachella Valley V102
result of your project and how many people will be reached by the end of the proposed service/program/event.)
Operation School Bell targets the need for services for disadvantaged students in Cathedral City and the Coachella Valley. Providing new school clothes improves student self-esteem, attendance, and classroom behavior while reducing teasing and bullying. Having clothes to wear to school prepares students to learn and focus on school work rather than worrying about having proper clothing and fitting in with their peers. Providing clothing to disadvantaged students is an important part of their well -being. Tho se we serve need reassurance of stability in these uncertain times. Our belief is that children can do great things and rise above their circumstances if given the right tools to succeed. Our goal for 2025-2026 is to reach 6,000 students from transitional kindergarten through high school.

From a district administrator , Palm Springs Unified School District: The Assistance League Operation School Bell program has provided clothing and other items to thousands of children in the Palm Springs Unified School District over the past several years. The items provided allow our children to attend school with pride and allow some of our neediest students to participate in their schooling more fully. Our families are facing more challenges than ever before. While we strive to offer our students the best education possible, we need the resources Assistance League Coachella Valley provides to help our students perform at the highest level. They truly make a difference in the lives of our students and families.

6 If Your Program Costs More Than You Are Requesting From The Community Assistance P r o g r a m , H o w D o Y o u P l a n T o P a y F o r T h e A d d i t i o n a l C o s t s ? W h a t S t e p s H a v e Y o u Already Taken To Get Additional Funds Or In-Kind Support If Necessary? We have an active grant writing team as well as funds from our annual Razzle Dazzle fundraiser which cover the majority of our program costs. We are in the midst of grant solicitation, as well as continuing to work with our suppliers to provide the new cl othing at the best price. We also operate a resale boutique and receive corporate in-kind donations.

7 If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
Operation School Bell has operated in the Coachella Valley since 1991, serving over 65,000 students. We have proven successful in identifying new donors, grantors and corporate Assistance League of Coachella Valley V102
backers to insure the viability of our program. As our flagship program, we find Operation School Bell makes a difference in the everyday lives of our students, and we are determined to continue this legacy of lifting up every student to achieve their potential.

8 (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

Assistance League Coachella Valley received the 2023 Greater Coachella Valley Chamber of Commerce Nonprofit of the Year award.

Big Brothers Big Sisters V3241

1 Describe Briefly How The Requested Funds Will Be Used:

Big Brothers Big Sisters of the Desert’s mission is to provide children facing adversity with strong and enduring, professionally supported one -to-one relationships that change their lives for the better. Our vision is that all children achieve success in life. To accomplish this vision and mission, we partner with parents/guardians, volunteers and others in the community and hold ourselves accountable for each child in our program achieving:

1. Higher aspirations

2. Greater confidence and better relationships

3. Avoidance of risky behaviors

4. Educational success
We achieve this through the creation of one -to-one mentoring relationships to help each child served reach their full potential.

The purpose of this project is to connect 10 children residing in Cathedral City with 10 mentors who will spend 4 to 8 hours a month with them for a minimum of a year. We will focus on those youth experiencing mental health issues as stated by their parents which may include but not limited to anxiety, social isolation, trauma and academic challenges.

Big Brothers Big Sisters V3241
BBBS will be responsible for the recruitment, enrollment, matching and ongoing training and support for each match connection. BBBS will be responsible for providing tools, training and activities to each match focusing on improving the child’s mental heal th and over -all well-being.

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? • Houston Family Foundation - $10,000 Committed
• Riverside County Office of Education - $7,500 Committed • Barker Foundation - $10,000 - notification May
• Morongo Band of Mission Indians - $5,000 - Notification late April A grant from the city of Cathedral City will help us leverage additional city grant funding to help us serve children from all cities in the Coachella Valley.

3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
Serving the entire Coachella Valley since 1997, our program is free for youth ages 6 -18.

Children may enroll between 6 and 14 and stay in the program until high school graduation.

Volunteers range from high school students (in Site -Based programs) to retir ees, each offering a unique perspective to help guide a child toward a brighter future. Most of the children in our program are considered low income living, in a single parent household. 9% of the youth enrolled have or have had an incarcerated parent.

We provide three core programs:
• Community -Based Mentoring: Pairs adult mentors with children in need across the Coachella Valley.
• Site -B a s e d M e n t o r i n g : H o s t e d a t B o y s & G i r l s C l u b s i n C a t h e d r a l C i t y , L a Q u i n t a , a n d Mecca.
• Empowering Potential Program: Prepares high school students for life after graduation, whether college, trade school, or the military, with a focus on achieving a living wage.

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Our program staff are bilingual, college graduates and are trained and certified in mental health and youth development through Big Brothers Big Sisters of America.

4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
The purpose of this project is to connect 10 children residing in Cathedral City with 10 mentors who will spend 4 to 8 hours a month with them for a minimum of a year. We will focus on those youth experiencing mental health issues as stated by their parents which may include but not limited to anxiety, social isolation, trauma and academic challenges.

BBBS will be responsible for the recruitment, enrollment, matching and ongoing training and support for each match connection. BBBS will be responsible for providing tools, training and activities to each match focusing on improving the child’s mental heal th and overall well-being.

Mental health and well -being are critical priorities for BBBS because we know that our trusted mentors (Bigs) are in a good position to help young people build resilience and to intervene when a young person experiences mental health challenges to help the m access the right support. These positive relationships can help youth better cope with exposure to traumatic stress, depression, and anxiety symptoms, and support their overall mental well- being. Our evidence -based mentoring model shows that the presence of a caring adult mentor can help to improve mental health outcomes for youth in BBBS programs.

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
We must join as a society and invest in the programs and platforms that will help change children’s lives and futures. Working as a united front of transformative partnerships across the public, private, non-profit and philanthropic sectors, as well as the dedicated support of volunteers, together, through collaboration and investment in mentoring initiatives, young people can access the tools and opportunities they need to become thriving members of a more equitable and prosperous society. We can ensure that every child who wants a mentor has access to one, unlocking their full potential and setting them on a path to success.

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In a recent research study conducted by Harvard University and the US Department of Treasury, the conclusions prove mentorship changes lives by connecting a young person with a caring mentor. The development of these relationships supported by professional staff helps shape the future for these kids. And the impact has a ripple effect on the economy and society.

Littles mentored through the Big Brothers Big Sisters model are:
• 20% more likely to enroll in college after high school. • Littles enter the workforce earning more than their non-mentored peers, and they experience 15% higher income between the ages of 20 and 25. • Littles’ income as adults was more closely aligned with the higher income of their Bigs than their family.

This research underscores the profound and lasting benefits of mentorship, not just for the youth involved but for the entire community. Besides the above -mentioned findings, youth mentored through Big Brothers Big Sisters demonstrated:
• Better school engagement including improved attendance and fewer suspensions fostering a positive learning environment and
• Stronger social bonds - helping youth develop healthier behaviors and deeper community connections, reducing reliance on social service and contributing to long -term societal improvements
Unlike previous research that suggests economic opportunity requires a complete shift in a youth’s social environment, this study demonstrates that community mentorship is a low - cost, highly effective solution. With BBBS program costs between $1,000 and $2,500 per youth annually, the resulting increase in lifetime earnings and tax contributions allows the government to recoup costs within seven years. By investing in mentorship, communities cultivate a more educated, self -sufficient, and economically stable population, making it one of the most impactful interventions for long-term community development.

6 If Your Program Costs More Than You Are Requesting From The Community Assistance P r o g r a m , H o w D o Y o u P l a n T o P a y F o r T h e A d d i t i o n a l C o s t s ? W h a t S t e p s H a v e Y o u Already Taken To Get Additional Funds Or In-Kind Support If Necessary? We have submitted grants request to the following entities to help fund this project:

Houston Family Foundation - $10,000 - Committed
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Riverside County Office of Education - $7,500 - Committed Barker Foundation - $10,000 - notification in May
Morongo Band of Mission Indians - $5,000 - notification April If these grant funds aren't committed we will allocate proceeds from fundraising events such as percentage back events to help bring in the funds needed to do this project.

7 If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
Growing and sustaining our mentoring programs is the goal of the BBBSD staff and Board and we plan to accomplish this through the following: 1) Increased Board engagement and board membership adding new community leaders who can provide assistance to our mission. 2) Increase brand awareness through television and social media campaigns focused on program
impact for participating children. 3) Increased development of relationships with the three school districts, CA legislatures, Riverside County Office of Education and collaborative partners such as our new MOU with Junior Achievement to provide training and workshops to the Bigs & Littles in our program.

By providing mentors to children in Cathedral City and investing in their holistic development, our program has the potential to make a profound and lasting impact on these kids future including academic success, social and emotional development, and caree r readiness.

8 (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

I am writing to you as a full-time resident of Cathedral City and a passionate advocate for the positive impact of one -to-one mentoring programs, particularly in light of the challenges faced by our youth during the ongoing pandemic. I strongly believe in the power of mentorship and its ability to transform the lives of young individuals. Today, I want to draw your attention to the importance of supporting and enhancing these programs for the betterment of our community.

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For the past three years, I have had the privilege of being a Big Brother to Joshua, who is now a senior in high school. During this time, I have witnessed firsthand the profound effects the pandemic has had on him. The combination of social isolation and academic difficulties has taken its toll on Josh, but my consistent presence and support have played a crucial role in helping him overcome some of these challenges.

Early on in our mentoring relationship, we had the opportunity to attend our first Big Brothers Big Sisters event together. It was a remarkable experience to see Joshua's transformation throughout the day. Witnessing other Bigs and Littles of all ages comi ng together, engaging in games, sharing laughter, and even winning prizes, had a profound impact on Josh. By the end of the event, he was a different teen —rejuvenated, inspired, and filled with newfound optimism.

This event highlighted the significance of providing our matches with opportunities to engage in community -wide activities and events. By creating an environment that allows young individuals to momentarily escape the challenges they face at home, we are investing in their future. Not only does this help improve their mental health and overall well-being, but it also fosters stronger and more meaningful relationships between our Bigs and Littles.

I wholeheartedly encourage your support for this proposal aimed at enhancing the impact of one-to-one mentoring programs. By investing in this program, we can work together to inspire the full potential in Cathedral City youth.

Gonzalo Bonilla
27755 Avenida Quintana
Cathedral City, CA 92234
Boys and Girls Club of Cathedral City V174

1 Describe Briefly How The Requested Funds Will Be Used:

The Boys & Girls Club of Cathedral City is seeking funding to support our Summer/Holiday Feeding Program, which plays a critical role in addressing food insecurity among youth in our community. This program is designed to serve low -income, primarily Hispanic families — 97% of Club families qualify for the Free and Reduced Lunch program, which requires proof of low income. Many of our families also face language barriers, wit h limited English proficiency.

During the summer months, when school is out and access to regular meals is limited, our program provides free, nutritious breakfast, lunch, and a snack to ensure children continue to receive the sustenance they need to grow and thrive. In addition to healthy meals, we offer educational, recreational, and enrichment activities that promote learning, physical activity, and overall well-being in a safe, supportive environment. This funding will help us continue fulfilling our mission to empower youth through healthy eating, education, and active living.

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? To support our Summer/Holiday Feeding Program, the Boys & Girls Club of Cathedral City has actively pursued multiple funding sources. We have submitted funding requests to the following organizations: PSUSD – In-kind support; SAGA Foundation – Requested: $25,000 | Committed: $10,000; Riverside County Supervisor District 4 Community Initiative – In Process: $10,000 | Committed: Pending; Private Donors & Local Fundraising Efforts – Raised:
$5,000(Committed)

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Your contribution will play a vital role in leveraging these existing and pending funds to fully meet the needs of our Summer/Holiday Feeding Program. With additional support, we can extend meal distribution to outside children, increase participation in enrichment activities, and ensure program sustainability throughout the summer and holidays. Matching or supplementing these funds will help maximize our impact, allowing us to reach more children and provide consistent, high-quality services to families in need.

3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
For over 45 years, the Boys & Girls Club of Cathedral City has been a beacon of hope and opportunity for the youth and teen populations of the Coachella Valley. Our organization is serving youth 6-18 years of age living in 12 cities in the Coachella Valley, primarily Cathedral City. Our mission is "to inspire and enable all young people, especially those who need us most, to realize their full potential as productive, responsible, and caring citizens. " With 600 annual members and an additional 1,500 childre n served through outreach programs, our impact is undeniable. In 2023 and 2024, we proudly reported a membership growth of over 33% and a 26% increase in our Average Daily Attendance.

We follow Boys & Girls Clubs of America's Formula for Impact, a research-informed model that empowers youth to succeed. This approach connects the young people who need us most with outcome -driven programs that foster Academic Success, Good Character and Citizenship, and Healthy Lifestyles. The more kids participate, the more they benefit.

4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
The Boys & Girls Club of Cathedral City is responding to a critical need in our community:
food insecurity among children, particularly during out-of-school times such as summer and holiday breaks. With ongoing cuts from the current administration, we are deeply concerned about the future of our Summer/Holiday Feeding Program. These funding reductions are occurring in real time, creating daily uncertainty and threatening our ability to continue offering this essential service. Without additional support, hu ndreds of local children may Boys and Girls Club of Cathedral City V174
lose access to the only consistent source of nutrition they have during the summer and holidays.

Nationally, the USDA estimates that 44.2 million people live in food-insecure households.

Locally, the Palm Springs Unified School District reports that 97% of Cathedral City students qualify for the Free and Reduced Lunch program, indicating widespread economic hardship.

Our Club steps in to bridge the gap when school is out, ensuring that these children continue to receive nutritious meals and access to a safe, structured environment.

The consequences of food insecurity are well-documented. A study published in the journal Pediatrics found that children from food -insecure homes face significantly higher risks of poor overall health, compromised immune systems, chronic conditions like as thma, more frequent emergency room visits, and mental health challenges such as anxiety and depression.

By providing consistent nutrition and enrichment during the summer and holidays, our program addresses not only hunger, but also supports physical health, emotional well - being, and academic readiness—laying a stronger foundation for long-term success.

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
Through our Summer/Holiday Feeding Program, the Boys & Girls Club of Cathedral City ultimately aims to combat food insecurity, support the overall health and well-being of local youth, and provide a safe, enriching environment during the summer months and when school is not in session. Our objective is to ensure that no child in our community goes hungry simply because school is out.

By the end of the program, we aim to:

Serve over 16,650 nutritious meals and snacks to approximately 150 low-income youth throughout the summer.

Reduce the impact of food insecurity by providing consistent daily access to healthy meals for children who rely on school-based nutrition during the academic year.

Improve physical and emotional well-being through daily physical activity, social-emotional learning, and mental health support built into our programming.

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Support academic retention and engagement through educational enrichment activities, helping to prevent summer learning loss.

This program directly addresses the urgent needs of food insecurity, health disparities, and lack of safe, affordable summer/holiday programming for children from low -income households. With continued support, we will help ensure that our youth are healthy, active, and prepared to succeed—both in and out of the classroom.

6 If Your Program Costs More Than You Are Requesting From The Community Assistance P r o g r a m , H o w D o Y o u P l a n T o P a y F o r T h e A d d i t i o n a l C o s t s ? W h a t S t e p s H a v e Y o u Already Taken To Get Additional Funds Or In-Kind Support If Necessary? Yes, the total cost of our Summer/Holiday Feeding Program exceeds the amount we are requesting from the Community Assistance Program. To cover the remaining expenses, the Boys & Girls Club of Cathedral City has implemented a multi -faceted funding strategy. We have already secured partial funding and continue to actively pursue additional support through a combination of grants, private donations, and in-kind contributions.

Steps we have taken include:

Secured Funding: We have received confirmed contributions from the SAGA Foundation ($10,000) and Private Donors and Fundraising Activities ($5,000).

Pending Requests: We are in the process of submitting an additional grant applications, including to Riverside County Supervisor District 4 Community Initiative and several local foundations, with pending decisions.

Ongoing Fundraising: We are conducting targeted fundraising campaigns and outreach to local businesses and community partners for both financial donations and in-kind support (e.g., donated food, supplies, and volunteer time).

We are committed to ensuring that this program is fully funded and sustained throughout the summer and holidays, and we will continue to seek diverse funding streams to close any remaining gaps. Support from the Community Assistance Program will serve as a critical component in helping us leverage additional resources and maintain uninterrupted services for our youth.

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7 If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
Yes, we fully intend to continue the Summer/Holiday Feeding Program beyond the current funding period. This program is a core component of our mission to support the health and well-being of low-income youth in Cathedral City, and we are committed to sustaining it for years to come. To ensure its long -term viability, we will continue to diversify our funding sources and build upon our existing relationships with local and regional partners. Our strategy includes:

Annual Grant Applications: We have a strong history of securing recurring funding from both public and private grantmakers, including the Desert Healthcare District, Pacific Youth Foundation, Barker Foundation, and other community-focused organizations.

Individual & Corporate Giving: We run annual fundraising campaigns targeting individual donors, local businesses, and corporate sponsors who have consistently supported our programs in the past.

Community Events & Fundraisers: We host community fundraising events and work with local partners to generate revenue and increase awareness of our mission.

Operational Efficiency: Our organization consistently seeks cost -effective ways to deliver high-quality services, using volunteers, interns, and shared community resources when appropriate.

The Boys & Girls Club of Cathedral City has successfully operated for over 45 years, maintaining and expanding critical services through careful financial planning, strong community ties, and a clear commitment to our youth. With continued support, we are confident in our ability to sustain and grow this vital program well into the future.

8 (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

Cathedral City Senior Center V280

1 Describe Briefly How The Requested Funds Will Be Used:

Cathedral City Senior Center provides essential services to our community's most vulnerable members: seniors, families, veterans, individuals living with disabilities, the unhoused, and the LGBTQ+ community. While our programs are designed for older adults, they are accessible to all Cathedral City residents facing food security, health, emotional wellness, transportation, and financial hardship challenges.

With just a handful of staff and 90% of our funding from private donations, we stretch every public dollar farther than most can imagine. We deliver every program with heart, hustle, and a commitment to dignity and inclusion.

T h e $ 1 0 , 0 0 0 P u b l i c S e rv i c e s G r a n t w i l l d i r e c t l y s u p p o r t o u r E d m u n d o & H e r l i n d a C a r r i l l o Equity in Aging Initiative, increasing Spanish-language programming and Hispanic participation at the Senior Center by 40%. Using the proven Promotor Model, trusted community outreach workers engage Hispanic residents where they live, listen deeply to their needs, and connect them to services that promote health, independence, and emotional well-being.

Specifically, grant funds will help:
• Grow culturally affirming Spanish-language programs and services. • Strengthen volunteer-led efforts, including our Monday Food Bank, which distributes over 200 tons of food annually and serves approximately 400 households weekly. • Offer more access to health, transportation, financial, mental health, and social services resources through our MidValley Wellness Collaborative.

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Beyond food access, the Senior Center works daily to end isolation, foster active and healthy living, and connect residents to a full range of emotional, medical, and financial support services. This is Cathedral City taking care of Cathedral City — and the return on investment is exponential: stronger families, healthier aging, and a more connected, resilient community.

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? • Memberships and Corporate Sponsorships: $2,750 received. • Private contribution: $150,000 is committed each year for this initiative, and $25,000 has been received in 2025.
• City of Cathedral City Annual Support Grant: $100,000 anticipated in July 2025; $25,000 is designated for this initiative.
• Private Foundations and Grantors: $25,000 designated for this initiative. • Annual Gala or similar fundraiser: $25,797 (net) committed for this initiative.

3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
Aging Forward in Cathedral City: Connection, Equity, and Dignity for All Founded in 1980, Cathedral City Senior Center provides support, connection, and dignity for older adults across Cathedral City and the Mid -Valley. From our beginnings as a gathering place for seniors, we have evolved into a trusted, intergenerational community hub, offering programming that meets the needs of a rapidly growing and increasingly diverse population.

Each year, we welcome over 25,000 unique individuals across 100,000+ visits, creating pathways to food security, healthy living, emotional wellness, and social belonging. Our work is built around four pillars: nourishment (food), friendship (connection, fu n), purpose (staying engaged), and culturally affirming wellness (well -being, mental and physical fitness). Whether providing mobile health clinics, Medicare enrollment support, enrichment activities, housing navigation, or emotional wellness resources, we create critical access points to services that promote long-term independence and connection.

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We are a lean and highly efficient operation: just three full -time staff members, supported by more than 100 active volunteers and over 50 business partners. Thanks to strong community partnerships and an extraordinary volunteer network, we maximize every dollar, making an outsized impact despite operating with significantly fewer resources than comparable agencies in the region.

Cathedral City rivals Palm Springs and Palm Desert in size, yet many of our residents face greater barriers to stability and health. We are proud to meet those needs with creativity, resourcefulness, and a deep-rooted commitment to community. Our center is a place where dignity is protected, diversity is celebrated, and aging forward is possible for all.

4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
Aging well requires more than medical care — it requires connection, dignity, and a strong community fabric. At Cathedral City Senior Center, we address the growing need for social connection, mental health support, and basic necessities like food access b y offering welcoming, inclusive programs that nourish both body and mind.

Today, far too many Cathedral City and MidValley residents — especially older adults — experience isolation, food insecurity, and limited access to trusted support systems. Our c e n t e r e x i s t s t o c h a n g e t h a t . W e c r e a t e o p p o r t u n i t i e s f o r f r i e n d s h i p s t o f o r m , families to strengthen, and neighbors to care for one another across generations.

Our bilingual, culturally affirming programming has expanded rapidly to meet rising demand, welcoming Spanish-speaking residents, individuals living with disabilities, LGBTQ+ seniors, veterans, and the unhoused.

Food insecurity remains one of the most urgent challenges in the MidValley, particularly for seniors and working-class, multi-generational households. Our robust nutrition programs — including a volunteer-run Food Bank that distributes more than 200 tons of food annually — provide dignified access to fresh groceries and healthy meals, whether residents are cooking at home or living without kitchen facilities.

Additionally, even when mental health services are technically available, cultural barriers, stigma, and transportation challenges prevent many from reaching them. The Senior Center serves as a trusted entry point, offering low -barrier access to emotional wellness support, case management, health resources, and referrals through our MidValley Wellness Collaborative.

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Through all our services, we are not just meeting urgent needs — we are strengthening the social safety net that allows individuals and families in Cathedral City to live healthier, more connected, and
more independent lives.

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
Through this project, Cathedral City Senior Center will continue building a model of healthy, connected, and equitable aging for all residents of Cathedral City — especially our growing Spanish-speaking and BIPOC communities.

Over the past year, we have expanded our impact dramatically, fueled by the success of our Edmundo & Herlinda Carrillo Equity in Aging Initiative and partnerships with organizations l i k e V i s i o n y C o m p r o m i s o , E l S o l , J e w i s h F a m i l y S e r v i c e s , B r a i l l e I n s t i t u te, and the Joslyn Wellness Center. With trust, cultural humility, and the Promotor Model as our foundation, we are reaching more residents than ever — providing food security, emotional wellness support, and navigation to critical social services in ways that feel accessible, dignified, and community-rooted.

By the end of this service period, we expect to:
• Provide emotional wellness, health navigation, and social services to over 500 individuals through on-site programs, mobile outreach, and support groups. • Continue serving over 400 families weekly through our volunteer-run Food Bank, providing fresh groceries, case management referrals, and emotional wellness access. • Increase participation by Spanish-speaking residents by another 10 –15%, building on the 40% growth we’ve achieved in the past four years.
• Strengthen the next phase of the MidValley Collaborative for Emotional Wellness, consolidating even more trusted partners into a seamless referral network, with on-site support provided by a Spanish-speaking AMFT (Associate Marriage and Family Therapist) counselor.

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Ultimately , our goal is to reduce isolation, food insecurity , and emotional hardship for low- income, immigrant, and minority residents — helping families avoid the tipping points into poverty and poor health. We aim to create a vibrant, inclusive "country club for all" — a place where every Cathedral City resident, no matter their background or barriers, can stay active, meet people, access critical support, and feel they truly belong. This is what aging forward looks like.

6 If Your Program Costs More Than You Are Requesting From The Community Assistance P r o g r a m , H o w D o Y o u P l a n T o P a y F o r T h e A d d i t i o n a l C o s t s ? W h a t S t e p s H a v e Y o u Already Taken To Get Additional Funds Or In-Kind Support If Necessary? The $10,000 investment from the City of Cathedral City plays a crucial and catalytic role in sustaining and expanding services at Cathedral City Senior Center. It is not just a grant — it is the foundation on which we leverage significant additional privat e funding and support throughout the year.

As CEO, one of the first questions prospective donors and foundations ask me is: “How does the City support you?” I am proud to point to many ways:
• Our major operating allocation;
• Individual support from each Council Member;
• Partnership with the Public Arts Commission to provide free community arts programming; • And importantly, this essential early $10,000 investment is dedicated to serving Cathedral City’s most food-insecure and vulnerable residents.

This visible City partnership allows us to attract private donors, businesses, and foundations confidently and credibly. It signals to funders that the City believes in us and that their investment will be meaningful and highly leveraged.

Fundraising and Development: Today, our fund development program is thriving. Through annual gala events, the Cactus Club sustaining donor program, business partnerships, and other major initiatives, we generate over $600,000 annually, contributing significantly to our nearly $1.8M budget.

Social Service Partnerships: We maximize resources by offering trusted partners like Jewish Family Services, Senior Advocates of the Desert, and The Braille Institute free office space and facility access. In exchange, these organizations provide critical direct services to Cathedral City residents, often at no cost to them or the Center.

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Volunteers: Our robust volunteer corps operates with the professionalism of a paid workforce. Over 100 active volunteers support daily operations, food distributions, and programming. We hold monthly Volunteer Forums to strengthen engagement and maximize their impact.

In-Kind Contributions: Leading businesses including Trader Joe’s, Grocery Outlet, Panera Bread, Starbucks, Vons, Eddie V’s, Cathedral City Starbucks, CVS, Bones and Scones, Loving All Animals, Clark’s Nutrition, and many others provide high- quality food donations valued at over $445,000 annually. This ensures that our Monday Food Bank — feeding more than 15,000 individuals and families each year — remains a cornerstone of nutrition and dignity for the community.

Impact of City Funding: The $10,000 Community Assistance Award acts as an early and vital anchor for our annual fundraising, creating a multiplier effect of at least 3:1 in additional contributions. It supports direct services, bolsters our ability to waiv e fees for low -income residents, doubles our food bank’s capacity, and strengthens the overall social safety net for Cathedral City’s most vulnerable residents.

Thanks to the City's ongoing leadership and partnership, we are not just meeting needs — we are building a stronger, more resilient Cathedral City for everyone who calls it home.

7 If You Plan To Continue This Service/Program Beyond The Period For Which You Have Requested The Funds, How Do You Plan To Continue Paying For It? (Describe the types of efforts you will undertake to raise funds as well as your organization’s history of maintaining services/programs.)
Through a combination of fundraising, foundation grants, governmental support, and earned income, Cathedral City Senior Center is building a stronger, more sustainable financial future.

In April 2025, the Senior Center received a transformational $1 million challenge gift. Every dollar raised this year will be matched to unlock those funds — marking a powerful shift from 45 years of hand-to -mouth survival budgeting toward the dependable, institution -level stability our community deserves. With this momentum, we are positioning the Senior Center to operate not just year -to-year, but decade -to-decade, serving as a permanent, community anchor for the Mid-Valley.

Since 2019, our annual budget has grown from approximately $220,000 to nearly $1.8 million, fueled by aggressive fundraising strategies, deeper community engagement, and innovative partnerships. Our updated strategic plan is designed to sustain and grow these Cathedral City Senior Center V280
budget levels, supporting the shift to our 21st -century, intergenerational community hub model.

Looking ahead, earned income from programming, a strengthened donor base, expanded foundation relationships, and continued public support will help ensure we meet the rising demand of Cathedral City's aging population — and continue evolving to meet their changing needs and tastes.

Our ultimate vision is to secure a new, activity -rich building that will allow us to expand services, deepen partnerships, and create a truly dynamic space for healthy aging, emotional wellness, and community connection for the next 45 years and beyond.

8 (OPTIONAL) Is There Anything That You Would Like To Add? If So, Please Tell Us Here:

The City of Cathedral City has been an outstanding partner in enabling the Senior Center to expand its reach and deepen its impact year after year. Both the City Council and staff have consistently demonstrated exceptional support and a genuine commitment to the well - being of Cathedral City’s senior residents.

W e r e c o g n i z e t h a t , a s a p o s t-Proposition 13 city, Cathedral City faces real funding challenges. Yet even within these constraints, the City's investment in the Senior Center has allowed us to build a nationally recognized model of community -based aging. Mo st senior centers across the country are city-run and city-funded; here, we are proud to be a nonprofit that carries out this vital public mission in partnership with municipal leadership.

Our goal remains to achieve a stable and sustainable funding mix: one -third from the City, one-third from private fundraising, and one -third from earned income. Thanks to an extraordinary $1 million challenge gift secured this year and record- breaking fundraising growth, we are exceeding our private sector targets. We also anticipate significant future earned income once we secure a larger, activity -rich facility to meet the growing needs of Cathedral City's aging population.

As Cathedral City looks ahead to its next chapters of growth, we respectfully and urgently implore the City to incorporate the Senior Center into both its future funding strategies and its long-term planning frameworks. A major plank of any successful civic vision must include robust, forward-thinking support for older adults — especially as Cathedral City faces a fast- approaching wave of aging residents who seek more dynamic, inclusive, and community - rooted models of support.

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We are honored to fulfill this role today. With greater partnership from the City, we are ready to grow it even further — ensuring that Cathedral City remains a vibrant, age -friendly community for generations to come.

Childrens Discovery Museum V308

1 Describe Briefly How The Requested Funds Will Be Used:

To further our mission and provide engaging hands-on educational experiences, we propose launching a Weekly Science Night Program for six months that will introduce children and families to the wonders of science through interactive experiments, demonstrations, and activities. Each week will feature a different theme, highlighting exciting areas of science such as chemistry, physics, biology, astronomy, and engineering. The program will be hands- on, engaging, and suitable for children ages 4 -12, encouraging family participation and fostering a love for STEAM (Science, Technology, Engineering, Arts, and Math).

2 Other Funding Sources: From Whom, How Much Requested, And How Much Committed? How Will Our Contribution Leverage Or Match These Other Funds? Including secured funding from the City of Coachella ($1,000), The Albertson's Companies Foundation ($2,500), and the City of Indian Wells ($10,000) demonstrates strong community support and commitment to the program. These existing contributions serve as matching funds, increasing the likelihood of additional financial support from other organizations. By securing funding from the City of Cathedral City, we strengthen the case for sustainability and expansion, signaling to potential funders that this program is a valuable and necessary investment in the community. Public and private partnerships will further amplify the impact, ensuring that children and families across the Coachella Valley-especially in under served areas-have access to quality STEAM education and hands-on learning experiences.

Childrens Discovery Museum V308
3 Briefly Describe The History And Expertise Of Your Organization. (Include what your organization does, the composition of your staff, and whom you have traditionally served or targeted: geographical area, neighborhood, ethnicity, or other factors that identify your service/program to the community.)
The Children's Discovery Museum of the Desert (CDMoD) was founded to provide children and families in the Coachella Valley with engaging, hands -on learning experiences that inspire curiosity, creativity, and critical thinking. Since our reopening in May 2024 following a significant renovation, CDMoD has reaffirmed its commitment to serving the region's diverse communities through interactive exhibits, STEAM -based education, and inclusive programming. We are dedicated to early childhood education through hands -on-play, focusing on STEAM.

The museum offers:
• Interactive Exhibits: Designed for children ages 0 -8, encouraging exploration, problem-solving, and creativity.
• Field Trips & School Partnerships: Collaborating with schools to provide accessible learning experiences.
• Programs for Children with Disabilities: As a Certified Autism Center, the museum ensures accessibility and inclusion for children of all abilities.

CDMoD's team includes:
• Executive Leadership: CEO Cindy Burreson oversees strategic planning and operations.
• Education & Programs Staff: Experts in child development, STEAM education, and museum learning frameworks.
• Discovery Guides: Educators and facilitators who engage children in hands -on learning.
• Operations & Development Staff: Focused on fundraising, community partnerships, and museum sustainability.

CDMoD traditionally serves families and children across the Coachella Valley and beyond.

By expanding outreach, CDMoD is working to bridge the educational gap in rural areas and ensure all children, regardless of background, have access to enriching learni ng opportunities.

Childrens Discovery Museum V308
4 What Are The Specific Community Needs Or Problems That You Are Trying To Address Through The Proposed Service/Program/Event?
If children lack opportunities to engage in STEAM fields, our communities will face challenges in workforce development, innovation, and overall economic competitiveness while limiting individual potential and future possibilities. Being the only children's museum in the Coachella Valley, we must ensure that all children have access to quality STEAM education and resources, regardless of their background or location.

5 What Do You Ultimately Hope To Accomplish Through Your Proposed Service/Program/Event? How Will It Address The Needs Or Problems You Describe In Question #4? (Your objectives should describe how your clients will be affected as a result of your project and how many people will be reached by the end of the proposed service/program/event.)
Our ultimate goal in with our science night program is to spark curiosity, inspire lifelong learning, and cultivate critical thinking skills in young children. By engaging children in hands-on, inquiry -based STEAM learning, we aim to build a strong foundat ion to prepare them for future academic success and workforce opportunities.

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