Agenda packet — Cathedral City City Council, January 28, 2026 (part 3 of 3)

DESCRIPTION GENERAL
LEDGER

ACCOUNT CODES

PROJECT CODE AMOUNT ONE TIME
or

ONGOING
2025-2026 Parks and Community
Events
100-500-510-511-
8300-8301
M03511-OPS-
PARKS-M&O $500 One Time
2025-2026 Total $500
2 FIVE-YEAR STRATEGIC PLAN:

Goal F: Embracing, Inclusive City
This event supports the City’s goal of fostering an inclusive community by improving access to health services, wellness resources, and community partnerships.

ATTACHMENTS:

1. January 6, 2026, PACE Staff Report for The Esperanza Park Community Health Fair 3 Staff Report
Parks and Community Events Commission
Item No. 3.C
Meeting Date: January 6, 2026
From: John A. Corella, Director of Public Works
Sponsors: Commissioner Mario Jimenez
Title: Esperanza Park Health Fair
RECOMMENDATION:

Recommend that the Parks and Community Events Commission (PACE) support the proposed Esperanza Park Health Fair scheduled for Saturday, February 21, 2026, and provide direction regarding use of the PACE Small Events budget, logistical support needs, and whether a recommendation to the City Council is required for event-related costs or a Special Use Permit (SUP), if applicable.

BACKGROUND:

The Parks and Community Events Commission (PACE) is committed to fostering community engagement and supporting events that enhance quality of life, health, and access to resources for Cathedral City residents.

As part of the Fiscal Year 2025–2026 budget process, PACE was allocated $10,000 annually to support small-scale events in city parks. These funds may be used to cover services, materials, or a combination of both. Events seeking financial or logistical support are reviewed by PACE and, when appropriate, forwarded to the City Council for final approval.

The Desert Healthcare District (DHD), through its Chief of Community Engagement, has expressed interest in partnering with the city and PACE to host a community health fair at Esperanza Park. The event is intended to provide free health services, education, and community resources to residents, particularly underserved populations.

DISCUSSION:

The proposed Esperanza Park Health Fair is scheduled for Saturday, February 21, 2026, from 10:00 a.m. to 1:00 p.m. The Desert Healthcare District will coordinate the event and manage participation by approximately 12–15 community-based organizations. 4 Planned services and activities include:
Deployment of two mobile medical clinics providing medical services A vision mobile clinic offering eye exams and glasses to approximately 65 community members
Participation by community-based organizations offering health and social service resources
Coordination with the Desert Recreation District for park-based activities Potential partnership with FIND Food Bank for food distribution (pending confirmation) The Desert Healthcare District will also develop and distribute a bilingual promotional flyer, which will be shared with city staff for review and approval prior to release.

City Support Considerations:

The event organizer has requested city support in the form of tables, chairs, and EZ-ups for participating organizations. Currently, the following considerations are noted for PACE’s review:
The City’s Public Works Department does not currently have tables and chairs available in storage, which may result in equipment rental costs if city participation is requested.
Clarification is needed regarding whether the City is expected to provide labor for delivery, setup, and breakdown of tables, chairs, and EZ-ups. Final quantities of requested equipment have not yet been determined and will be provided closer to the event date.

Next Steps (Time-Sensitive):

Due to scheduling constraints, there is insufficient time to return this item to the Parks and Community Events Commission for additional review or approval prior to the event date. As such, any necessary coordination regarding equipment needs, potential rental costs, labor expectations, and permit requirements that will incur costs and/or require funding will need to be vetted at this PACE meeting. (Please note that any funding requests from the PACE Small Events Budget will require prior approval from the City Council).

Staff will work directly with the event organizer to:
Confirm final equipment quantities and logistical requirements. Determine whether a Special Use Permit (SUP) or City Council approval is required. Prior to this meeting, identify any budgetary or operational impacts, including potential rental costs and staffing needs, and address them through, either approved PACE Small Events Budget requests and/or, existing administrative processes, as feasible. 5 PACE BUDGET FY 2025-2026
PACE Budget $10,000
Halloween Dog Contest Panorama Park October 2025 $100 Approved Feliz Navi Dog Esperanza Park December 2025 $300 Approved Yoga in the Park Amphitheater Jan-March 2026 $3,000 Approved Available PACE Budget $6,600
Staff is recommending that PACE support the proposed Esperanza Park Health Fair scheduled for Saturday, February 21, 2026, and provide direction regarding use of the PACE Small Events budget, logistical support needs, and whether a recommendation to the City Council is required for event-related costs or a Special Use Permit (SUP), if applicable.

FUNDING SOURCE:

DESCRIPTION GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE
AMOUNT ONE TIME or

ONGOING
2025-2026
Esperanza
Park Health
Fair
100-500-510-
511-8600-8601 MO3511 One Time
2025-2026 Total $X,XXX,XXX
6 Staff Report
City Council
Item No. 3.F
Meeting Date: January 28, 2026
From: John A. Corella, Director of Public Works
Title: Reject Bids for the construction of Highway Safety Improvement Program (HSIP) Cycle 11A, 18 Unsignalized Intersection Upgrades Project (C08754)
RECOMMENDATION:

To reject all bids received for the construction of the Highway Safety Improvements Program (HSIP) Cycle 11A, 18 Unsignalized Intersection Upgrades Project (C08754); and direct staff to readvertise for construction bids to ensure compliance with fair and competitive bidding practices.

BACKGROUND:

The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose of achieving significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned public roads and roads on tribal land. The HSIP is one of the programs in the Federal Surface Transportation Act, established in August 2005.

The California local HSIP program funds local highway safety improvement projects through a biennial call-for-projects cycle. The timing and size of each call depend on program apportionments, the current HSIP Federal Transportation Improvement Program (FTIP) capacity, and the delivery status of the existing HSIP Projects.

The California Department of Transportation (Caltrans), through its Division of Local Assistance (DLA), administers California’s share of HSIP funds allocated to local agencies.

The local HSIP prioritizes infrastructure projects shown to reduce traffic collisions using nationally recognized crash reduction factors (CRFs). These projects are ranked based on crash severity, crash potential, crash rate, and other data-supported criteria.

On June 25, 2021, the city completed the final Local Roadway Safety Plan (LRSP) which provides a framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads. A local agency must have an LRSP or an equivalent safety plan to apply for HSIP grants.
1 In August 2022, the City Council approved a task order with the City’s On-Call Traffic Engineering Consultant, STC Traffic Inc., to prepare four (4) grant applications for the HSIP Cycle 11 Call-for-Projects. In September 2022, the applications were completed and submitted to the California Department of Transportation (Caltrans).

For the 18 Unsignalized Intersection Upgrades Project (HSIP Cycle 11A), the total estimated project cost was $1,452,100.00. Of this amount, the city was awarded $1,306,890.00 (90%) in HSIP grant funding, with the remaining $145,210.00 (10%) to be provided as the city’s required local match. The awarded grant includes funding for the preliminary engineering (PE) phase and the construction (CON) phase for the project.

The proposed improvements include installation of ADA compliant ramps and pedestrian crossings, LED safety lighting, LED flashing stop signs, high visibility crosswalk striping, Rectangular Rapid Flashing Beacons (RRFBs), conventional flashing beacons, and advanced warning pavement markings and signs. A vicinity map of the proposed intersections is included as Attachment 1.

In February 2024, Caltrans assigned a Federal Project Number for the HSIP 11A Project and approved the Authorization/Agreement Summary (E-76) for funding the preliminary engineering (PE) phase of the project.

In October 2024, the City Council awarded a professional services agreement to Kimley- Horn and Associates, Inc., to prepare the plans, specifications, right-of-way, and environmental documents to complete the PE phase of the project.

In August 2025, the preliminary engineering phase of the project, including the preparation of plans, specifications and estimates (PS&E) was completed.

In October 2025, city staff submitted a request for allocation (RFA) of HSIP construction funding to Caltrans, which included the PS&E package. Caltrans approved the RFA in November 2025, authorizing the city to proceed with the construction phase of the project.

The total construction allocation was $1,163,717.50, consisting of $960,390.00 in HSIP funds and $203,327.50 in required local matching funds. (Attachment 2).

DISCUSSION:

On Sunday, December 7, 2025, the city advertised an invitation to bid, requesting qualified contractors to perform the scope of work described in Bid No. B25-105E, which includes the plans and specifications for this project. This solicitation was made available to contractors for thirty-one (31) calendar days and advertised in the following locations:
Desert Sun - Published on December 7, 2025
PlanIt Print Works - From December 7, 2025, until January 7, 2026 City’s Website - From December 7, 2025, until January 7, 2026 On January 7, 2026, the city received four (4) bid proposals for this project. The following table ranks each bidder by the total base bid amount.

RANK CONTRACTOR AMOUNT
1 All American Building Services – Santa Clarita, CA $ 1,248,433.75 2 2 Elecnor Belco – Chino, CA $ 1,445,888.00
3 LC Paving – Escondido, CA $ 1,592,872.50
4 Crosstown Electrical Data, Inc. – Irwindale, CA $ 1,646,704.00 Upon review of the bids received, staff noted the following:
The apparent low bidder and the second low bidder did not acknowledge the addendum issued during the bid process, rendering their bids non-responsive. The third and fourth lowest bidders properly acknowledged the addendum; however, their bid amounts exceed the currently approved HSIP funding allocation for the project.
Proceeding with the responsive bid prices would require the city to request additional funding approval from Caltrans (the HSIP administrator), which was not anticipated at the time of bid solicitation.

Given the non-responsiveness of the lowest bids and the funding uncertainty associated with the remaining bids, staff recommend rejecting all bids. Re-advertising the project will allow the city to reassess the project scope, confirm funding availability, and ensure compliance with HSIP requirements, while maintaining a fair and competitive bidding process.

According to the California Public Contract Code (PCC) section 20166 and the project specifications section 1110 Instruction to Bidders, subsection 22.0 Rejection of Bids, staff recommend all the bids be rejected by the City Council to allow fairness and transparency of the bid solicitation process.

Staff recommends that the City Council reject all bids received for the construction of the Highway Safety Improvements Program (HSIP) Cycle 11A, 18 Unsignalized Intersection Upgrades Project (C08754); and direct staff to readvertise for construction bids to ensure compliance with fair and competitive bidding practices.

FISCAL IMPACT:

This recommended action will not have a fiscal impact.

FIVE-YEAR STRATEGIC PLAN:

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

ATTACHMENTS:
1- Vicinity Map
2- Finance Letter – Construction Phase Allocation - Caltrans 3 VICINITY/LOCATION MAP
LEGEND: VICINITY MAPLOCATION MAP
2022 HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 11 ATTACHMENT 1
NS01: ADD INTERSECTION LIGHTING (NS.I.)
NS20PB: INSTALL PEDESTRIAN CROSSING AT UNCONTROLLED LOCATIONS (SIGNS AND MARKINGS ONLY) NS21PB: INSTALL/UPGRADE PEDESTRIAN CROSSING AT UNCONTROLLED LOCATIONS (WITH ENHANCED SAFETY FEATURES)

CITY OF CATHEDRAL CITY
HSIP Cycle11A
4 5

Staff Report
City Council
Item No. 3.G
Meeting Date: January 28, 2026
From: John A. Corella - Director of Public Works
Title: Adopt a Resolution accepting the public improvements and certifying completion of private improvements in a portion of amended Tract No. 31774, "Campanile"' and releasing securities, WH Campanile 141, LLC:

Developer.

RECOMMENDATION:

For the City Council adopt the Resolution accepting the public improvements and certifying completion of private improvements in a portion of Amended Tract No. 31774, authorizing the release of improvement agreement securities as described in the Resolution, and authorizing the Director of Public Works to file a Notice of Completion for the work.

BACKGROUND:

Tentative Tract No. 31774, Campanile, was originally approved by the City Council in March 2005, for the development of a Planned Unit Development of 285 residential units, located between Ramon Road and McCallum Way, west of Da Vall Drive. A vicinity map is attached.

The original subdivider, Ramon Santoro Group, LLC, built out 144 units and most of the interior private streets and infrastructure, as well as improving the two public frontage streets, Ramon Road and McCallum Way. The remaining 141 vacant lots were sold to GID Campanile, LLC (GID). As part of that sale, GID assumed the remaining improvement obligations for the remaining 141 lots. No further homes were developed by GID, nor were the street lights required on Ramon and McCallum ever completed.

In 2021, GID sold all the remaining lots to WH Campanile 141, LLC (Williams Communities, LLC), which assumed the obligation for completion of the private street improvements for the 141 lots and the completion of the missing street lights. Williams proceeded to build out 58 of the remaining 141 vacant lots and completed the installation of the missing street lights on Ramon and McCallum. In December 2024, Williams then sold the remaining 83 vacant lots to D. R. Horton Los Angeles Holding Company, Inc., which is now in the process of finishing out these last 83 remaining units.

When William Communities assumed the tract improvement obligations from GID, Williams posted surety bonds to guarantee completion of the missing street lights. All other private 1 street improvements for the 58 lots were to be installed prior to the City’s issuance of Certificates of Occupancy (COO).

All of the private streets and common lot improvements fronting the lots developed by Williams have been satisfactorily completed to city standards. The street lights on Ramon and McCallum have been installed, and the Campanile Homeowner’s Association has assumed the energy charges for the street lights by recorded covenant.

Therefore, the private improvements and the street light work completed by WH Campanile 141, LLC, can now be accepted, and the surety bond guaranteeing the street light completion can be released. A Resolution has been prepared for this purpose and is attached.

DISCUSSION:

A Notice of Completion (NOC) has been prepared (copy attached) and will be filed by the Director of Public Works upon approval of the Resolution, noting that all the improvements have been completed. No claims have been filed with the city against posted securities. The Resolution authorizes the release of the bond posted for faithful Performance upon its adoption. Pursuant to State law, the surety bond guaranteeing payment for labor and materials posted with the Subdivision Improvement Agreement will be released by the Director of Public Works ninety (90) days after recordation of the Notice of Completion, provided no claims have been filed.

Williams has posted a one-year warranty security to guarantee repair of any defects in materials or workmanship in street lights installed on Ramon and McCallum. The warranty security will be released by the Director of Public Works one year after adoption of this Resolution provided no claims have been filed or problems arise due to problems with materials or workmanship.

Lastly, all the required survey monuments have been set in the areas developed by Williams, and the surveyor of record has submitted evidence that he has been compensated for those services. In accordance with the terms of the original Subdivision Agreement, the security guaranteeing completion of the monuments has already been released.

The surety bonds posted by the developer to be released in accordance with the terms of the Subdivision Improvement Agreement and as outlined in the Resolution are as follows, and are all from Philadelphia Indemnity Insurance Company:

For Faithful Performance:

Public and private improvements (street lights): $33,480, Bond # PB03010410098
For Labor and Materials:

Public and private improvements (street lights): $16,740, Bond #PB03010410098
For Monumentation: $45,000 cash deposit (already released) FISCAL IMPACT:

There will be minimal fiscal impact upon the City due to the adoption of this Resolution. The 2 private improvements within the development will be maintained by the Developer initially and then passed on to the Homeowners Association (Campanile HOA), and the energy costs for the street lights on the frontage streets will be paid by the Campanile HOA.

FIVE-YEAR STRATEGIC PLAN:

GOAL B - COMMUNITY INVESTMENT
ATTACHMENTS:

1. Vicinity Map of Amended Tract No. 31774

2. Resolution

3. Notice of Completion
3 4

RESOLUTION NO. 2026-___

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

CERTIFYING COMPLETION OF CERTAIN PUBLIC AND PRIVATE
IMPROVEMENTS IN A PORTION OF AMENDED TRACT NO. 31774
“CAMPANILE”, BY WH CAMPANILE 141, LLC, PER ASSIGNMENT AND

ASSUMPTION AGREEMENT AND AMENDMENT TO SUBDIVISION
IMPROVEMENT AGREEMENT, DATED MAY 29, 2024, AND RELEASING

SUBDIVISION SECURITIES
WHEREAS, Amended Tract No. 31774, a 285 lot single family Planned Unit Development, was recorded in 2005, but the original subdivider, Ramon Santoro Group, LLC, developed and improved only 144 of the lots and did not complete all of the required public and private improvements; and
WHEREAS, in 2009, GID Campanile, LLC, purchased all remaining 141 vacant lots from the original subdivider, with the intention of completing the subdivision, and executed a Subdivision Agreement for same dated June 22, 2012, but did not develop any homes or complete any of the remaining public and private improvements; and
WHEREAS, at that time, the remaining private improvements included the final paving of certain private streets fronting the vacant lots, installation of landscaping and amenities on certain common lots, improvement of retention basins, and the placement of lot corners and survey monuments, and the remaining public improvements included the installation of street lights on Ramon Road and McCallum Way, the public streets fronting the Campanile development; and WHEREAS, in 2021, WH Campanile 141, LLC, (“WH”) a subsidiary of Williams Communities LLC, purchased all remaining 141 lots, and as a condition of the issuance of building permits and final inspections of any new homes, WH executed an Assignment and Assumption Agreement and Amendment dated May 29, 2024, and assumed all of the remaining improvement obligations from the former owner, and posted the following described surety bonds to guarantee the completion of the street lights on Ramon Road and McCallum Way:

For faithful performance: Surety bond No. PB03010410098, for $ 33,480.00; For labor and materials: Surety Bond No. PB03010410098, for $ 16,740.00; WHEREAS, pursuant to the May 29, 2024 Agreement, WH built out and completed 58 single family lots and completed all the remaining private improvements fronting and related to the 58 lots, including setting survey monuments, and did complete the installation of the street lights on both Ramon Road and McCallum Way; and
WHEREAS, the Director of Public Works has determined that WH has completed all the private improvements related to the 58 completed lots, and has completed the street light installation in accordance with the terms of the May 29, 2024 Agreement, and has posted a one- year warranty security of $3,348.00 to guarantee the street light construction against any defects in materials and workmanship, and the Director has further determined that above surety bonds may now be released in accordance with the terms of the said Agreement, with the exception of the labor and materials bond and the warranty bond; and
5 WHEREAS, the public and private improvements constructed and completed by WH in a portion of said Amended Tract No. 31774, include the construction or improvement of all or portions of the following private streets and lots:

Installation of City standard street lights on Ramon Road and McCallum frontages of Amended Tract No. 31774;
Private street Via Firenze (Lot “F”)
Retention basin (Lot “O”)
Landscape and open space Lots “S” and “Y”
Setting of lot corners and survey monuments related to the above.

Together with all utilities, sidewalks, curbs, gutters, paving, on-site lighting, landscaping and other improvements appurtenant thereto.

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

Section 1; Certification of Improvements
That pursuant to the provisions of the Assignment and Assumption Agreement and Amendment, the City hereby certifies that the above listed public and private improvements have been constructed and completed in accordance with City standards and specifications.

Section 2. Notice of Completion
That the Director of Public Works is hereby authorized to prepare and file a Notice of Completion in accordance with the California Civil Code upon adoption of this Resolution.

Section 3. Disposition of Improvement Securities
A. That the above described Warranty security in the amount of $ 33,480.00 covering the completed street light improvements shall be retained for a period of one year from the date of adoption of this Resolution in accordance with the provisions of the Agreement. The Director of Public Works is hereby authorized to release said Warranty security following the expiration of the one-year warranty period, so long as any necessary warranty repairs have been completed to the satisfaction of the Director of Engineering.

B. That the improvement security posted by WH Faithful Performance, Bond No.

PB03010410098, for $33,480.00 is hereby ordered released.

C. That the improvement security posted for Labor and Materials shall be held for a period of ninety (90) days from the date of recordation of the Notice of Completion in the above Section 2 in accordance with the Agreement and Section 66499.7(h) of the Government Code (Subdivision Map Act). The Director of Public Works is hereby authorized to release said security following the expiration of the ninety (90) day period, so long as no claims have been filed against the security.
6 Section 5. Effective Date
That this Resolution shall take effect upon its adoption.

Section 6. Certification
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall cause a certified copy of the Resolution to be recorded in Official Records by the Riverside County Recorder.

PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council for the City of Cathedral City held on this 28 day of January, 2026 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
___________________________
Raymond Gregory, Mayor
City of Cathedral City, California
ATTEST:
__________________________
Christina Burton, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
__________________________ ____________________________ City Attorney Dir. Of Public Works
7 (“President of,” “Manager of,” “A partner of,” “Owner of,” etc.)

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Name
Street
Address
City &
State
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is

3. The full address of the owner is

4. The nature of the interest or estate of the owner is in fee. (If other than fee, strike “in Fee” and insert, for example, “purchaser under contract of purchase,” or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. A work of improvement on the property hereinafter described was completed on . The work done was:

7. The name of the contractor, if any, for such work of improvement was (If no contractor for work of improvement as a whole, insert “none”) (Date of Contract)

8. The property on which said work of improvement was completed is in the city of , County of , State of California, and is described as follows:

9. The street address of said property is
(If no street address has been officially assigned, insert “none”) Dated:

Signature of owner of corporate officer of owner
named in paragraph 2 or his agent

VERIFICATION
I, the undersigned, say: I am the the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge .

I declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 , at , California.
(Date of signature) (City where signed)
(Personal signature of the individual who is swearing that the contents of the notice of completion are true)

SRU PAGE SIZE DA MISC LONG RFD COPY
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EXAM
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http://www/riversideacr.com/acr/forms/Notice%20of%Completion 06/22/2011 Anne V. Ambrose
City Manager, City of Cathedral City

EXEMPT RECORDING FEES PURSUANT TO
CODE SECTION 6130 AND 2733
Anne V. Ambrose
City Manager, City of Cathedral City
City of Cathedral City
Christina Burton, City Clerk
68700 Ave. Lalo Guerrero
Cathedral City
CA 92234
City of Cathedral City
68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234
None
01/28/2026
WH Campanile 141, LLC, 05/29/2024
Cathedral City
Riverside
01/28/2026
City Manager for the City of Cathedral City
26 Cathedral City
8 Staff Report
City Council
Item No. 3.H
Meeting Date: January 28, 2026
From: Andrew Firestine, Community and Economic Development Director Title: Second Reading – Short-Term Rental Facilitator Reporting (SB 346) – C.C.M.C. Section 5.96.090
RECOMMENDATION:

To provide second reading by title only and adopt an ordinance adding Section 5.96.090 to Chapter 5.96 of the Cathedral City Municipal Code to implement Senate Bill 346, the Short- Term Rental Facilitator Act of 2025.

BACKGROUND:

On January 14, 2026, the City Council conducted a public hearing and voted to introduce the proposed ordinance and move it to be adopted. Attached for the second reading and adoption is the proposed ordinance.

DISCUSSION:

The ordinance requires short-term rental facilitators, upon request by the City, to provide:

1. The physical address of each short-term rental during the reporting period;

2. The City permit number associated with each listing;

3. Additional identifiers, when necessary, such as:
oAssessor parcel number
oListing URL
oInformation identifying accessory dwelling units or specific units within multifamily properties.

Failure to provide this information in a timely manner may result in issuance of an administrative citation under Chapter 13.58 of the Municipal Code. 1 FISCAL IMPACT:

Adoption of Section 5.96.090 is expected to enhance TOT administration and assist in identifying unpermitted STVR operations. Implementation will be conducted within existing resources.

FIVE-YEAR STRATEGIC PLAN:

N/A
ATTACHMENTS:

1. Ordinance No. ____
2 4913-8196-5441 v1
1 3
3 8
4 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ADDING SECTION 5.96.090 TO
CHAPTER 5.96 OF TITLE 5 OF THE CITY OF CATHEDRAL

CITY MUNICIPAL CODE TO IMPLEMENT SENATE BILL
346 (THE SHORT-TERM RENTAL FACILITATOR ACT OF
2025) REGARDING SHORT-TERM RENTAL FACILITATOR

REPORTING
WHEREAS, the City of Cathedral City, California is a municipal corporation and charter city, duly organized under the constitution and laws of the State of California; and
WHEREAS, the City is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, pursuant to California Constitution, Article XI, Section 5 and Cathedral City City Charter Section 100, the City, as a charter city, has plenary authority to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and
WHEREAS, the City regulates Short-Term Vacation Rentals (“STVRs”) under Chapter 5.96 of Title 5 of the Cathedral City Municipal Code (“CCMC”), including requirements that STVR operators obtain and maintain an STVR permit and include the City-issued STVR permit number in advertisements; and
WHEREAS, STVR occupancies are also subject to the City’s transient occupancy tax (“TOT”), administered under Chapter 3.24 of Title 3 of the CCMC; and WHEREAS, in 2025, the Legislature enacted Senate Bill 346, adding Government Code section 50990 et seq., known as the “Short-Term Rental Facilitator Act of 2025,” which authorizes a city to adopt an ordinance making the Act operative within its jurisdiction and, if adopted, authorizes the City to require short-term rental facilitators to provide specified identifying information for short-term rentals for TOT administration and enforcement and to include specified City-issued credentials in listings; and
WHEREAS, the proposed ordinance implements the authorities provided by Senate Bill 346; and
WHEREAS, the City Council finds and declares that adopting local implementing provisions will enhance the City’s ability to administer and enforce its TOT program, identify unpermitted STVR activity, and ensure compliance in the STVR marketplace; and
3 4913-8196-5441 v1
1 3
3 8
4 WHEREAS, the City places a high value on protecting community character, land values, and the general public, health, safety and welfare, and has previously adopted numerous ordinances to help ensure such protection; and WHEREAS, the City Council finds that the adoption of this proposed ordinance is within the City’s power and authority to protect the public health, safety, and welfare of the City’s residents; and
WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred.

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

Section 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. CCMC Amendment. Section 5.96.090 of the Cathedral City Municipal Code is hereby added to read in its entirety follows:
“Section 5.96.090 Short-term rental facilitator responsibilities.

A. Pursuant to Government Code section 50990(b), the City hereby adopts and makes applicable within the City’s jurisdictional boundaries the Short-Term Rental Facilitator Act of 2025 (Gov. Code, § 50990 et seq.). The definitions set forth in Government Code section 50991 are incorporated by this reference and apply to this section.

B. Upon request by the City, each short-term rental facilitator must report, in the form and manner prescribed by the City, the physical address, including nine- digit ZIP Code, of each short-term rental during the reporting period.

C. If the information provided under Subsection A is not sufficient for the City to identify a specific short-term rental at the provided address, the City may request (1) the assessor parcel number of the short-term rental, (2) the URL associated with the specific short-term rental listing, and (3) the information exclusively related to the identification of an accessory dwelling unit, guest house, or single unit of a timeshare or multifamily housing project located at a single address, which is located at the address or assessor parcel number requested.

D. A short-term rental facilitator must include in the listing of a short-term rental the City permit number associated with the short-term rental.

E. A short-term rental facilitator’s failure to timely and properly report the information required by this section in the form and manner prescribed by the City may result in issuance of an administrative citation under Chapter 13.58 of this code.”
4 4913-8196-5441 v1
1 3
3 8
4 Section 3. CEQA. Adoption of this ordinance is not subject to CEQA, as it is not a “Project” as defined by CEQA. (CEQA Guidelines, § 15060(c)(3).) This action is further exempt from CEQA under the “common sense” exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (CEQA Guidelines, § 15061(b)(3).) Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision may not affect the validity of the remaining portions. The City Council hereby declares that it would have adopted this ordinance and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

Section 5. Posting. The City Clerk must, within 15 days after passage of this ordinance, cause it to be posted in at least three designated public places, shall certify to the adoption and posting of this ordinance, and must cause this ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of this City.

Section 6. Certification.

The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the 28 day of January, 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Raymond Gregory, Mayor
ATTEST:
____________________________
Christina Burton, City Clerk
5 4913-8196-5441 v1
1 3
3 8
4 APPROVED AS TO FORM:
____________________________
Eric S. Vail, City Attorney
6 Staff Report
City Council
Item No. 3.I
Meeting Date: January 28, 2026
From: Andrew Firestine, Community and Economic Development Director Title: Zoning Ordinance Amendment 25-0001 – A proposal of King’s Schools of the Desert to amend the Zoning Ordinance to allow schools in the RR (Resort Residential) zone district, subject to a conditional use permit.

RECOMMENDATION:

To provide second reading, by title only, and adopt an ordinance approving Zoning Ordinance Amendment 25-0001 amending Section 9.24.030.B of Chapter 9.24 of Title 9 of the Cathedral City Municipal Code to add schools as a conditionally permitted use in the Resort Residential district.

BACKGROUND:

On January 14, 2026, the City Council conducted a public hearing for the proposal of the King’s Schools of the Desert to amend the Zoning Ordinance to allow schools in the RR (Resort Residential) zone district, to construct an additional 36,170 square feet of school facilities, and to allow a 10% increase in building height for the gym building component of the Project located at 67675 Bolero Road (APNs 681-310-019 and -040).

The City Council voted unanimously to approve Conditional Use Permit Revision 25-0008 and Administrative Variance 25-0006, and to introduce an ordinance to approve Zoning Ordinance Amendment 25-0001.

DISCUSSION:

Attached for adoption is an ordinance amending Section 9.24.030.B of Chapter 9.24 of Title 9 of the Cathedral City Municipal Code to add schools as a conditionally permitted use in the Resort Residential district.

FISCAL IMPACT:

There is no fiscal impact.

FIVE-YEAR STRATEGIC PLAN:

Goal F – EMBRACING, INCLUSIVE COMMUNITY
1 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. Ordinance Adopting Zoning Ordinance Amendment 25-0001

2. Staff Report from City Council Meeting on January 14, 2026 2 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, ADOPTING AN AMENDMENT TO SECTION 9.24.030.B OF CHAPTER

9.24 OF TITLE 9 OF THE CATHEDRAL CITY MUNICIPAL CODE TO ADD SCHOOLS

AS A CONDITIONALLY PERMITTED USE IN THE RESORT RESIDENTIAL DISTRICT

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 RR (Resort Residential) district, as set forth in Chapter 9.24 of Title 9 of the Cathedral City Municipal Code, provides appropriately located areas for a variety of housing types and visitor -serving and recreation- oriented uses in a resort development setting with ancillary commercial uses; and WHEREAS, Zoning Ordinance Amendment 25-0001 proposes to amend Section

9.24.030.B of Chapter 9. 24 of Title 9 of the Cathedral City Municipal Code to allow schools, either public or private, but not including business or trade schools, subject to a conditional use permit; and
WHEREAS, on September 3, 2025 the Planning Commission of the City of Cathedral City conducted a public hearing on Zoning Ordinance Amendment 25-0001, and recommended City Council adoption of an ordinance adding schools, either public or private, but not business or technical, as a conditionally permitted use in the subject zoning district.

WHEREAS, on January 14, 2026 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 TITLE 9 PLANNING AND ZONING OF THE CITY OF

CATHEDRAL CITY MUNICIPAL CODE
Chapter 9.24 of Title 9 of the Cathedral City Municipal Code is amended to add schools, including public and private, but not business or technical, as a conditionally permitted use in the RR (Resort Residential) district, as shown in Exhibit A, attached hereto.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This project is exempt from the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15162, which states that , when an Environmental Impact 3 Report (EIR) has been certified for a project, no subsequent EIR shall be prepared unless new significant environmental effects or a substantial increase in the severity of previously identified effects would occur. The proposed project is consistent with the certified EIR for the 2040 General Plan Update and no further environmental documentation shall be necessary.

SECTION 3. ZONING ORDINANCE AMENDMENT 25-0001
The City Council hereby amends Title 9 of the Cathedral City Municipal Code based on the following findings:

1. The proposed Zoning Ordinance Amendment is consistent with the purpose of the Resort Residential (RR) General Plan land use designation, which is intended to accommodate single-family and attached residential development in a master planned resort setting, as well as hotels and ancillary tourist - serving commercial uses. The proposed Zoning Ordinance Amendment would permit schools in the RR district subject to a conditional use permit, which is consistent with the residential intent of the Resort Residential designation.

Schools are compatible with residential uses and are permitted in all other residential districts.

2. The proposed Zoning Ordinance Amendment is consistent with the purpose and intent of the RR (Resort Residential) district, as stated in Section 9.24.010 of the Municipal Code, to provide appropriately located areas for a variety of housing types and visitor -serving and recreation- oriented uses in a resort development setting with ancillary commercial uses. Schools are permitted, subject to a conditional use permit, in all other residential districts, indicating that schools are compatible with the residenti al uses intended for the RR district. Schools would also be compatible with the other uses permitted in the RR district, given that residential uses are typically more sensitive than visitor- serving and commercial uses.

3. The proposed Zoning Ordinance Amendment is desirable for the development of the community in that it would support the operation of schools in proximity to residential uses, thereby supporting families in Cathedral City. The proposed amendment would also be necessary to facilitate the renovation and expansion of the facilities for the King’s Schools, which has operated in Cathedral City for over 30 years.

4 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:
_____________________________
Raymond Gregory, Mayor
ATTEST:
___________________________
Christina Burton, City Clerk
5 APPR
OVED AS TO FORM:
___
________________________
Eric S. Vail, City Attorney
6 Exhibit A
CHAP
TER 9.24

RR RESORT RESIDENTIAL DISTRICT
Prior ordinance history: Ords. 80, 187, 212, 263 and 298. § 9.24.010.

Purpose and intent.

To provide appropriately located areas for a variety of housing types and visitor -serving and recreation-oriented uses in a resort development setting with ancillary commercial uses. Should there be any conflict in the regulations in this chapter with other regulations in this code, the more restrictive regulations shall apply.
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.020. Permitted uses.

Short-term vacation rentals in qualifying residential dwelling units that are located within common interest developments, all as defined in Chapter 5.96 of this municipal code. (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.030. Discretionary uses.

A. Uses Requiring a Planned Unit Development (PUD) Permit. All uses requiring a division of land require a planned unit development permit, including, but not limited to:

1. Condo hotel;

2. Timeshare;

3. Multiple dwelling units.

B. Uses requiring a conditional use permit (CUP). All uses not requiring a division of land require a conditional use permit, including, but not limited to:

1. Hotel;

2. Motel;

3. Bed and breakfast inn;

4. Recreational vehicle park;

5. Restaurant, except drive-thru(s);

6. Ancillary commercial;

7. Convenience food store;

8. Home occupation;

9. Public or private park;
7 10. Recreational uses such as a tennis club, health sp a, conference or meeting room or facility, golf course, or driving range;

11. Public utility structures and public service facilities;

12. One-family dwelling;

13. Two-family dwelling;

14. Multiple dwelling;

15. Supportive housing;

16. Transitional housing;

17. Second dwelling unit/accessory dwelling unit;

18. Junior accessory dwelling unit.

19. Schools, either public or private, but not including business or trade schools. (Ord. 666 § 2, 2008; Ord. 731 § 8, 2014; Ord. 862 § 2, 2022) § 9.24.040. Prohibited uses.

Uses not listed in this chapter are expressly prohibited, including, but not limited to:

A. Drive-thru facility;
B. Industrial;
C. Auto sales and service;
D. Recreational vehicle campground;
E. Manufacturing.
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.050. Residential density.

A. One -family, two-family and multiple dwellings shall be permitted at a range of three to six and one half dwelling units per acre on any legally created lot (net lot area).

B. Fractions less than a whole unit shall not be considered an allowable unit. (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.055. Non-residential intensity.

Intensity of all non-residential uses shall be determined by the required discretionary action as set forth in Section 9.24.030.
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.060. Project area requirements.

Minimum lot area for any project to be developed within the RR district shall be two and one-half acres.
8 (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.065. Minimum lot width and depth requirements.

Minimum lot width and depth shall be two hundred fifty feet each. (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.070. Yard requirements.

All yards shall comply with Section 9.94.110(C), "Yards." (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.080. Building site coverage.

A. Maximum building site coverage for a hotel, motel, condo hotel, or timeshare use shall be no more than sixty percent.

B. Maximum building site coverage for all other uses shall be no more than forty percent. (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.085. Building height.

A. Maximum building height for non- lodging facilities shall not exceed twenty -six feet; where the building is within thirty feet of property zoned RE, R1 or R2, the building height shall not exceed sixteen feet. The planning commission may permit an increase in the height up to twenty-six feet upon a finding that such an increase above sixteen feet will not adversely affect adjacent properties.

B. Maximum building height for a lodging facility shall not exceed the heights shown below, "Maximum Building Height" and at distances shown in "Distance A" and "Distance B." Building height may result in a step-back design.

Maximum Building
Height Distance A* Distance B**
16 feet Up to 30 feet ————
26 feet Over 30 feet to 100 feet Up to 50 feet
40 feet Over 100 feet to 200 feet Over 50 feet to 125 feet 50 feet*** Over 200 feet Over 125 feet

* Distance A: Distance from that portion of a building and RE, R1 or R2 district boundary.
** Distance B: Distance from that portion of a building and a residential district boundary other than RE, R1 or R2, or to a non-lodging building in the RR district. 9 *** The city council may approve a height greater than fifty feet for that portion of a building greater than two hundred feet from the district boundary upon making a finding that such an increase will not adversely affect adjacent properties. (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.090. Parking.

All off-street parking shall comply with Chapter 9.58, "Off Street Parking." (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.100. Access to parking (driveways).

All access to parking shall comply with section 9.94.110(C), "Yards." (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.110. Fencing.

All fencing requirements shall be determined by the required discretionary action as set forth in Section 9.24.030.
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.120. Open space.

For residential uses, open space shall be consistent with Section 9.94.110(G), "Open Space— Residential." For nonresidential uses, open space shall be consistent with Section 9.94.110(H), "Open Space Required— Nonresidential."
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.130. Landscaping.

All landscaping shall comply with Section 9.94.110(I), "Landscaping Standards." (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.140. 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.
0 600 sq. ft.
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
10 § 9.24.150. Trash enclosures.

All trash enclosures shall comply with Section 9.94.110(K), "Refuse Areas" and constructed to the requirements of Chapter 9.88.
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.160. Storage space.

Storage space shall comply with Section 9.94.110(J), "Storage of Recreational Vehicles, Trailers and Boats."
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.170. Signs.

All signs shall comply with Section 9.94.110(L), "Signs." (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.180. Placement of buildings.

Placement of buildings shall comply with Section 9.94.110(M), "Placement of Buildings." (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.190. Pedestrian walkways.

All pedestrian walkways shall comply with Section 9.94.110(N), "Pedestrian Walkways." (Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.200. Building construction requirements.

All building construction requirements shall comply with Section 9.94.110(O), "Building Construction Requirements."
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
§ 9.24.210. Planned unit development lots.

All planned unit development lots shall comply with Section 9.94.110(P), "Planned Unit Development Lots Requirements."
(Ord. 666 § 2, 2008; Ord. 862 § 2, 2022)
11 1
2 1
3 Staff Report
City Council
Item No. 3.I
Meeting Date: January 14, 2026
From: Andrew Firestine, Community and Economic Development Director Title: Zoning Ordinance Amendment 25-0001, Conditional Use Permit Revision 25-0003 and Administrative Variance 25-0006 – A proposal of King’s Schools of the Desert to amend the Zoning Ordinance to allow schools in the RR (Resort Residential) zone district to construct an additional 36,170 square feet of school facilities; and allow a 10% increase in building height for the gym building component of the Project located at 67675 Bolero Road (APNs 681-310-019 and -040).

RECOMMENDATION:

Find the Project exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15162 of the CEQA Guidelines, introduce an ordinance approving Zoning Ordinance Amendment 25-0001, and Conditional Use Permit Revision 25-0003 and Administrative Variance 25-0006.

FINDINGS:

Adopt a Notice of Exemption, pursuant to Section 15162 (Subsequent EIRS and Negative Declarations) of the California Environmental Quality Act (CEQA), which states that no further environmental review is required for a project when an EIR has been certified and no major revisions to the previous EIR are required due to substantial changes proposed in the project, substantial changes to the circumstances under which the project is undertaken, and new information of substantial importance which was not previously known.

Adopt an ordinance approving Zoning Ordinance Amendment 25-0001 based on the following findings:

1. The proposed Zoning Ordinance Amendment to add schools as a conditionally permitted use is consistent with the purpose of the Resort Residential (RR) General Plan land use designation, which is intended to accommodate single-family and attached residential development in a master planned resort setting, as well as hotels and ancillary tourist-serving commercial uses. Schools are compatible with residential uses and are permitted, subject to a conditional use permit, in all other residential districts.

2. The proposed Zoning Ordinance Amendment is consistent with the purpose and intent of the RR (Resort Residential) district, as stated in Section 9.24.010 of the 12 1
2 1
3 Municipal Code, to provide appropriately located areas for a variety of housing types and visitor-serving and recreation-oriented uses in a resort development setting with ancillary commercial uses. Schools are permitted, subject to a conditional use permit, in all other residential districts, indicating that schools are compatible with the residential uses intended for the RR district. Schools would also be compatible with the other uses permitted in the RR district, given that residential uses are typically more sensitive than visitor-serving and commercial uses.

Approve Administrative Variance 25-0006, subject to the attached conditions of approval and based on the following findings:

1. The granting of such variance will not be materially detrimental to other properties in the area or the permitted use thereof. The 28’-7” height proposed for the multi- purpose building is already permitted for lodging facilities in the RR district that are set back by at least 50 feet from residential districts other than RE, R1, or R2. The portion of the multi-purpose building that is proposed to be 28’-7” tall will be setback from the adjacent property, which is zoned RR, by approximately 80 feet.

2. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply to other properties in the same zone or vicinity. The school has operated on this site for over 30 years without a gymnasium or other indoor recreation space. The proposed 28’-7” height would be permitted for a lodging facility in the RR district. The development standards for the RR district, including building height, did not anticipate school gymnasiums, as schools are currently not a permitted use in the zone. A Zoning Ordinance Amendment is proposed as part of the project to allow schools in the RR district subject to a conditional use permit.

3. The strict application of this title deprives such property of privileges enjoyed by other properties in the vicinity or in the same zone. The RR development standards would permit the proposed 28’-7” height for a lodging facility in the RR district that is located at least 50 feet from a residential district boundary other than RE, R1, or R2. A school gymnasium was not contemplated for the RR district and would be deprived of the height privilege that would be enjoyed by lodging facilities in the district.

4. The granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity or zone in which the property is located. The RR development standards would permit the proposed 28’-7” height for a lodging facility in the RR district that is located at least 50 feet from a residential district boundary other than RE, R1, or R2. Therefore, granting a variance to allow a 10% increase (2’-7”) over the 26-feet maximum building height for non-lodging facilities would not constitute a special privilege inconsistent with the limitations upon other uses within the RR district.

5. The granting of the variance is compatible with the objectives, policies, general land uses and programs specified in any adopted general plan. The RR district would 13 1
2 1
3 permit the proposed 28’-7” building height for lodgings. Therefore, the proposed 10% increase (2’-7”) in building height is compatible with the intent for the Resort Residential land use designation, as set forth in the General Plan.

Approve Conditional Use Permit Revision 25-0003, subject to the attached conditions of approval and based on the following findings:

1. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this chapter. Operation of King’s Schools at the current location was approved through Conditional Use Permit 93-199. The project proposes revising the site plan previously approved for this CUP to allow the expansion of on-campus facilities. The Zoning Ordinance Amendment proposed as part of this project would amend Section 9.24.030 of the Municipal Code to add schools as a permitted use in the RR district subject to a conditional use permit.

2. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to uses specifically permitted in the zone in which the proposed use is to be located. The school has operated from this site for over 30 years, and the renovation and expansion of its facilities would be desirable for the community. Schools are compatible with residential uses and are a conditionally permitted use in all residential districts. The Zoning Ordinance Amendment proposed as part of this project will add schools as a conditionally permitted use in the RR district.

3. The site for the intended use is adequate in size and shape to accommodate such use and all of the yards, setbacks and walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses on land in the neighborhood. The site is already built out with the first phase of campus development approved for CUP 93-199. The proposed renovation and expansion of on-site facilities will comply with the development standards for the RR district, with the exception of the proposed building height for the gymnasium portion of the multi- purpose building. As part of the project, the applicant is requesting an administrative variance to allow a 10% height increase over the maximum height for non-lodging facilities in the RR district. The gymnasium is setback significantly from surrounding properties and the proposed height will not be detriment to existing or permitted future land uses in the neighborhood.

4. The site for the proposed uses relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use. The school currently operates from this site with full student enrollment. The proposed CUP Revision will not support an increase in the school’s student capacity, and therefore no significant changes in traffic type or volume are anticipated. Any increased traffic associated with on-campus events would be period and temporary.

5. The applicant agrees to comply with any and all of the conditions imposed by the review authority or be subject to a revocation hearing.

BACKGROUND:

King’s Schools of the Desert (“King’s Schools”) are a private preschool, elementary school, 14 1
2 1
3 and middle school which have operated in Cathedral City since 1994. The 5.26-acre campus is comprised of APNs 681-310-019 and 681-310-040 and is located at 67675 Bolero Road.

The site is designated as Resort Residential on the General Plan land use map and is zoned RR (Resort Residential). Currently, there are 26,594 square feet of existing facilities on the project site, including approximately 7,426 square feet of portable buildings. The existing facilities are used for classrooms and administrative office space.

The campus frontage and primary site access is on Bolero Road, a public street in the City of Palm Springs. A secondary gated entrance is accessible from Carey Road, within Cathedral City. Adjacent properties to the north and east of the project site are occupied by residential condominiums and mobile homes in Palm Springs. Adjacent properties to the south and west are zoned RR (Resort Residential) and are occupied by private residences and the Paloma Resort.

King’s Schools is proposing to renovate and expand the existing school campus facilities including the demolition of 10,716 square feet of existing buildings and portables and the construction of 36,170 square feet of new facilities. The school’s student capacity will not increase as a result of the proposed campus expansion (see letter in Attachment 3). In support of the project, a Conditional Use Permit Revision, Administrative Variance and Zoning Ordinance Amendment have been filed.

Conditional Use Permit Revision
On February 2, 1994, Conditional Use Permit (CUP) 93-199 was approved to renovate and expand the 17,000 square feet of private school facilities that had been previously occupied by the Palm Valley School. CUP 93-199 was approved for the King’s Schools to add approximately 25,000 square feet of new building area over two phases of construction, to result in a total of 40,594 square feet of on-campus building area.

The full expansion approved for CUP 93-199 was never built out in its entirety. Today, the campus is comprised of a total of 26,594 square feet of facilities.

On February 4, 2025, King’s Schools submitted an application (CUP Revision 25-0003) to revise the site plan previously approved for CUP 93-199, to add an additional 11,454 square feet of building area over the total that was approved in 1994. Buildout of the proposed site plan would result in a total of 52,048 square feet of on-campus facilities. In accordance with Section 9.72.120 of the Municipal Code, revisions other than minor revisions may be made pursuant to the regular conditional use permit procedure.

Administrative Variance
The proposed campus renovation would include construction of a gymnasium for indoor recreation. Currently, the school does not have indoor recreation facilities. The proposed gymnasium would be 28-feet and 7-inches at the highest point, which exceeds the 26-foot maximum height for non-lodging facilities in the RR district. The applicant is requesting an administrative variance to allow an increase of ten percent over the maximum permitted building height.

Zoning Ordinance Amendment
The project site is located within the planning area for Specific Plan 88-30, established in 1988. The Specific Plan, which covers approximately 45 acres, designates a base zone of R3 (Multiple-Family Residential) over the project site. Schools, either public or private, are 15 1
2 1
3 permitted in the R3 zone subject to a conditional use permit. However, with the 2002 General Plan Update, the City’s General Plan Land Use Map was amended to change the site’s land use designation from High Density Residential (H) to Resort Residential (RR). The Resort Residential designation has been maintained through the 2022 General Plan Update. For consistency with this General Plan land use designation, the City’s Zoning Map was also amended in 2002, resulting in the subject site being rezoned from R3 to RR. Schools are not permitted in the RR zoning district.

To facilitate the proposed renovation and expansion of the long-established King’s Schools campus, the project proposes a Zoning Ordinance Amendment to add schools (including both public and private schools, but not business or trade schools) as a permitted use in the RR district subject to a conditional use permit.

Architectural Review Committee
On August 6, 2025, the architecture and landscaping associated with CUP 25-0003 were presented to the Architectural Review Committee for review. The Committee voted 4-0 in favor of recommending the project for Planning Commission review.

Planning Commission
The project was presented to the Planning Commission in a public hearing on September 3, 2025. The Commission voted unanimously in favor of recommending City Council approval of the project, with the addition of the following condition of approval, which quoted directly from the CEQA Consistency Analysis memo:

The proposed renovation is intended to provide additional space for the 300- student population and will not facilitate increased student enrollment. Use of the proposed gymnasium will also be limited to activities run by the school which are currently held outdoors on the campus. The gymnasium will not be available for use by the public or other organizations.

After receiving additional information during and after the Planning Commission hearing, staff revised the CEQA memo to more accurately reflect the project, specifically regarding special events. Based on these revisions, and instead of the condition recommended by the Planning Commission, staff recommends approval of the project with the following condition of approval:

3.22All on-campus events must be organized by the school for its students and must be typical of events associated with schools. Rental of the school facilities, including the gymnasium, for any third-party events shall require a Special Use Permit approved by the Director of Community and Economic Development.

Riverside County Airport Land Use Commission
Projects that involve legislative actions, such as the zoning ordinance amendment proposed as part of the King’s Schools project, require review by the Riverside County Airport Land Use Commission (ALUC). The project site is in compatibility zones D and E for the Palm Springs International Airport. In a public hearing on December 15, 2025, the ALUC found the proposed project consistent with the 2005 Palm Springs International Airport Land Use Compatibility Plan, pursuant to Section 3.3.6 of the Countywide Policies (Other Special Conditions). The ALUC Letter of Consistency (Attachment 11) recommended five conditions of approval, all of which have been incorporated into the Conditions of Approval for CUP 25- 16 1
2 1
3 0003 (Conditions No. 3.25-3.29).

DISCUSSION:

Currently, there are 26,594 square feet of building area on the project site, including 7,426 square feet of portable buildings. The project proposes an ultimate campus buildout of 52,048 square feet, including 15,878 square feet of existing buildings to remain and 36,170 square feet of new construction. The proposed renovation and expansion of on-campus facilities would occur in two phases, as follows:

Phase 1:
- Demolition: 3,290 square feet
- New construction: 9,049 square feet total building area o6,802 square feet of new classrooms
o2,247 square feet of new operations/facilities area
o25 parking stalls
Phase 2:
- Demolition: 7,426 square feet of portables
- New construction: 27,121 square feet total building area o7,920 square feet of new classrooms
o1,451 square feet of new administration area
o1,757 square feet of new operations/facilities area
o15,993 square feet of new multi-purpose area (gymnasium) o37 parking stalls
Phase 1 would also include the construction of an outdoor eating area and paving of the existing access driveway, which runs from Carey Road in the south to an easterly exit on Bolero Road.

The multi-purpose building proposed for construction during Phase 2 will include a gymnasium for school assemblies and indoor physical education. The King’s Schools will also periodically use the gymnasium to hold school-related events, such as open houses, student musicals, graduations, and fundraising events. Rental of the gymnasium or other school facilities for third-party events will require a Special Use Permit subject to approval by the Director of Community and Economic Development, or designee.

General Plan and Zoning Consistency
The proposed renovation of the King’s Schools campus, subject to the proposed Zoning Ordinance Amendment, is consistent with the purpose and intent of the Resort Residential (RR) General Plan land use designation and the RR (Resort Residential) zoning district. The Resort Residential land use designation is intended to accommodate single-family and attached residential development in a master planned resort setting, as well as hotels and ancillary tourist-serving commercial uses. The intent of the RR district is to provide appropriately located areas for a variety of housing types and visitor-serving and recreation- oriented uses in a resort development setting with ancillary commercial uses. Schools are permitted, subject to a conditional use permit, in all other residential districts, indicating that schools are compatible with the residential uses intended for the Resort Residential designation and RR district.
17 1
2 1
3 In the General Plan, General Land Use Goal 1 states that the city shall provide a complete, balanced and integrated pattern of land uses appropriately scaled and designed to meet the domestic, productive and social needs of the community. General Land Use Policy 4 states that in-fill development shall be encouraged as a means of enhancing existing development and as a means of optimizing the use of existing roadways and utility infrastructure. By facilitating the continued operation of the King’s Schools from the existing campus, the city is supporting uses needed by the community while using existing development and infrastructure.

As shown in the below table, the project is consistent with the development standards for the RR district, except for the height of the proposed gymnasium.

Standard Requirement Proposed Consistent
Maximum Lot
Coverage
40% 23% Yes
Maximum Building
Height
26’ for non-lodging
facilities where the
building is more than
30’ from property
zoned RE, R1 or R2
28’-7” for
gymnasium at its
tallest point
No; Administrative
Variance requested
to allow 10%
increase
Minimum Setbacks 10 feet from public or
private streets
100’ minimum Yes
Parking 30 spaces (10
spaces, plus one
space for each
classroom)
89 spaces Yes
Landscaping 50% of parking
spaces shall be
shaded by trees or
shade structure
75% of parking stall
area
Yes
Administrative Variance:

Pursuant to the development standards for the RR district, the maximum building height for non-lodging facilities located at least 30 feet from a property zoned RE, R1, or R2 is 26 feet.

The buildings proposed for Phase 1 of the project will be a maximum of 14 feet tall, consistent with the maximum permitted building height. However, the gymnasium portion of the multi- purpose building proposed for Phase 2 of the project will be 28’-7” tall. This exceeds the 26’ maximum building height by 10% (2’-7”).

The properties to the south and west of this building are zoned RR. The gymnasium portion of the multi-purpose building will be setback by approximately 80 feet from southern property line and approximately 170 feet from the western property line.

Section 9.76.050 of the Cathedral City Municipal Code states that minor variances from certain types of zoning regulations may be approved as an administrative variance, including an increase not exceeding 10% for maximum building height.

Zoning Ordinance Amendment:

Since the rezoning of the subject site to RR in 2002, the King’s Schools has been a 18 1
2 1
3 nonconforming use, as schools are not permitted in the RR zone. Pursuant to Section

9.66.030 of the Municipal Code, a nonconforming use shall not be expanded or increased in intensity. To allow the renovation and expansion of the King’s Schools on the site it has inhabited for over 30 years, a Zoning Ordinance Amendment is required to allow schools in the RR district.

The RR district currently permits various residential uses, including single and multi-family dwellings, as well as recreation and visitor-serving uses, such as golf courses, hotels, and restaurants, subject to a conditional use permit or planned unit development permit.

The RR district is currently the only residential zoning district in the city that does not permit schools. Public and private schools are conditionally permitted uses in the RE, R1, R2, RM, R3, R4, and DRN districts. This indicates that schools are compatible with residential uses.

The proposed Zoning Ordinance Amendment would amend Section 9.24.030 (B) of the Municipal Code to add schools, either public or private, but not including business or trade schools, as a permitted use in the RR district subject to a conditional use permit. This amendment does not propose any other changes in the uses permitted or development standards in the RR district and will apply to properties City-wide that are zoned RR.

Site Improvements
Access Driveway
An access driveway runs through the project site from Carey Road to Bolero Road, along portions of the southern and eastern boundaries. There are existing gates at both the north and south entrances. The northern portion of the access driveway, starting from Bolero Road, will be entry-only (please note that the site plan incorrectly shows exit-only traffic onto Bolero Road). Two-way circulation will be permitted on the southern portion of the access driveway, between the parking area and Carey Road.

No stopping, standing, or parking will be allowed in any portion of the access driveway except the designated parking area. Project improvements will include paving of the access driveway, the installation of signs and red curbs indicating ‘Emergency Access and Fire Lane – No Stopping, Standing, or Parking’, as well as the installation of knox boxes at both gates.

The Fire Marshal has confirmed that the lane provides sufficient width for emergency vehicles.

Parking
There are currently 27 parking spaces provided on-site. An additional 62 parking spaces (58 standard, 4 ADA-compliant) will be constructed as part of the project, including the addition of 37 spaces in the parking area accessible from Bolero Road and 25 spaces in a covered parking area accessible from the access driveway.

Additional lighting will be provided in the two parking areas. Consistent with the City’s outdoor lighting standards, all outdoor light fixtures must be shielded, and at least one foot candle of illumination shall be provided throughout the parking areas. Lighting will be installed in the carports and 12-foot tall light poles will be provided in the uncovered portion of parking. A photometric analysis was provided to demonstrate that the outdoor lighting will not spill into neighboring properties.
19 1
2 1
3 Architecture
The existing campus buildings are located on the north side of the site, along the Bolero Road street frontage. The new buildings proposed for Phases 1 and 2 of the project will be located in the southern portion of the site, which backs on to a mobile home park to the east, as well as the Paloma Resort and single-family residences to the south and west.

The proposed buildings will be generally consistent with the architecture style of the existing on-campus buildings, featuring deep eaves, covered walkways and entryways, and pitched roofs.

The existing buildings are pale beige stucco with dark green accents and pale grey shingles.

The three buildings proposed for Phase 1 will be generally consistent with the existing architectural style and material palette, but will provide color variation with pale rose stucco, dark red accents, and dark grey shingles. The multi-purpose building proposed for Phase 2 will use pale yellow stucco with dark green accents and dark grey shingles.

The buildings proposed for construction during Phase 1 will be a single story and 14 feet tall, consistent with the height of the existing buildings. The multi-purpose building proposed for Phase 2 will be a single story and 28’-7” high at the tallest point, as discussed in the administrative variance portion of this report.

Landscaping
The existing landscaping will be maintained, with two large turf recreation areas and trees along the perimeter. The project will include the addition of shade trees for the front parking area, as well as new trees and shrubs in select areas. The plant palette includes trees such as Indian rosewood, coast live oak, and willow acacia, and shrubs such as Texas ranger, yellow and coral bells, as well as lantana. The final landscape plan will be subject to review and approval from the Desert Water Agency to ensure compliance with water efficiency requirements.

At full buildout, the project will provide 89 parking spaces, or approximately 15,220 square feet of parking stall area. Approximately 74% of parking stall area will be shaded. The 25 parking stalls (4,326 square feet) accessible from the alley will be covered by a shade structure. An additional 7,221 square feet of parking stall area, in the front parking lot, will be shaded by Coast Live Oak trees.

ENVIRONMENTAL REVIEW:

Section 15162 of the California Environmental Quality Act (CEQA) Guidelines states that, when an Environmental impact Report (EIR) has been certified for a project, no subsequent EIR shall be prepared unless new significant environmental effects or a substantial increase in the severity of previously identified effects would occur. As discussed in the attached Section 15162 Consistency Analysis memo (Attachment 3), staff have determined that the proposed project is substantially consistent with the conditions analyzed in the General Plan EIR and, therefore, no further environmental documentation is necessary.

The CEQA Consistency Analysis memo was revised based on clarifying information that was provided during and after the Planning Commission hearing. The revisions (see italicized and bold sections in Attachment 3) consisted of providing a more detailed description of the school’s student enrollment and proposed classrooms, and revising the description of the types of special events that would be held on the campus. The findings of 20 1
2 1
3 the CEQA memo did not change as a result of the revisions.

PUBLIC NOTIFICATION:

This project was noticed in accordance with the public notification requirements set forth in the Municipal Code.

Following the Planning Commission meeting on September 3, 2025, Jane Liu, President of the Palm Springs East Association, submitted a letter (Attachment 12) expressing concerns about the project. Concerns and requests raised in the letter pertained to the terminology and proposed circulation for the access driveways, noise impacts, use of the school facilities by third parties, shielding of parking lot lighting, student enrollment, public notification for residents surrounding the campus, and environmental review. Staff’s responses to the concerns raised in the letter are summarized as follows:
Access driveways: The staff report and conditions of approval were revised to use the term “access driveways” consistently. Conditions of Approval No. 3.21 and 4.37 were revised to clarify that there shall be no stopping, standing or parking on any portion of the access driveways except the designated parking area. Noise: As stated in the CEQA memo, the campus renovation would not generate new sources of on-site noise, nor would the volume of noise generated by daily operations be expected to increase. Once the proposed gymnasium is constructed, noise generated by typical operations may decrease as some physical education and recreation activities, currently held exclusively outdoors, are moved to indoors. Third-party events: Condition No. 3.22 was added to require a Special Use Permit for any third-party events on campus.
Parking lot lighting: Condition No. 3.11 was revised to clarify that compliance with Chapter 9.89 (Outdoor Lighting Standards) of the Municipal Code requires all exterior lighting to be shielded.
Student enrollment: The proposed campus renovation will not support an increase in student capacity. The CEQA memo was revised to provide a more detailed description of the school’s student capacity and why the proposed project will not increase that capacity.
Public notification: In accordance with the public notification requirements in Municipal Code Chapter 9.09, any CUP amendment requiring a public hearing must provide notification to residents within a five-hundred-foot radius of the project site. Environmental review: As stated in this report and demonstrated in the CEQA memo, staff have determined that the proposed project is substantially consistent with the conditions analyzed in the General Plan EIR and, therefore, no further environmental review is necessary.

FISCAL IMPACT:

There is 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 21 1
2 1
3 vibrant businesses. Our neighborhoods are attractive, well-maintained, and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.

ATTACHMENTS:

Attachment 1 – ZOA 25-0001 Draft Ordinance
Attachment 2 – Conditions of Approval
Attachment 3 – CEQA Section 15162 Consistency Analysis
Attachment 4 – Notice of Exemption
Attachment 5 – Existing Site Plan
Attachment 6 – Proposed Site Plan
Attachment 7 – Proposed Floor Plans and Elevations
Attachment 8 – Proposed Landscape Plan
Attachment 9 – Proposed Lighting Plan
Attachment 10 – Proposed Civil Plans
Attachment 11 – ALUC Consistency Letter
Attachment 12 – Letter from Palm Springs East Association 22 Staff Report
City Council
Item No. 5.A
Meeting Date: January 28, 2026
From: John A. Corella, Director of Public Works
Title: Traffic Signal Head Backplates Change Order Request for the HSIP Cycle 11C - Citywide Traffic Signal Hardware Upgrades Project (C08756)
RECOMMENDATION:

To approve Change Order No. 1 to the contract with Econolite Systems, Inc., in the amount of $107,129.84; for the construction of HSIP 11C, Citywide Traffic Signal Hardware Upgrades Project (C08756); and, authorize a budget adjustment to the construction budget for the project, in the amount of $47,875.11; and, authorize the City Engineer to execute the change order and issue the notice to proceed for this work.

BACKGROUND:

The Highway Safety Improvement Program (HSIP) is a federal-aid program intended to achieve significant reductions in traffic fatalities and serious injuries on all public roads, including non-state-owned public roads and roads on tribal land.

On June 25, 2021, the city completed its Local Roadway Safety Plan (LRSP) which provides a framework for identifying, analyzing, and prioritizing roadway safety improvements on local roads. Adoption of an LRSP or equivalent safety plan is required to apply for HSIP Funding.

In August 2022, the City Council approved a task order with the city’s on-call traffic engineering consultant, STC Traffic, Inc., to prepare four (4) grant applications for the HSIP Cycle 11 Call-for-Projects. In September 2022, the applications were completed and submitted to the California Department of Transportation (Caltrans).

The HSIP Cycle 11 grant follows a 90/10 reimbursement structure, whereby ninety percent (90%) of eligible project costs are funded by the HSIP, and the remaining ten percent (10%) is required as a local match.

For the HSIP 11C – Citywide Traffic Signal Hardware Upgrades Project, the total estimated project cost is $1,119,700. Of this amount, the city was awarded $1,007,730 (90%) in HSIP grant funding, with the remaining $111,970 (10%) to be provided as the city’s required local match.
1 In June 2024, the City Council awarded a professional services agreement to STC Traffic, Inc., to prepare the plans, specifications, right-of-way, and environmental documents to complete the PE phase of the project.

The preliminary engineering phase of the project, including the preparation of plans, specifications and estimates (PS&E) was completed In June 2025. The Request for Funding Allocation (RFA) for construction funding was submitted to Caltrans on June 18, 2025, and approved on August 7, 2025. The total construction allocation was $1,034,700, consisting of construction engineering (CE) services and construction (CON), as detailed below:

Description Total Cost HSIP Funds
(90%)
Local Match
(10%)
CE $ 135,000 $ 121,500 $ 13,500
CON $ 899,700 $ 809,730 $ 89,970
TOTAL CON $1,034,700 $ 931,230 $103,470
In October 2025, the City Council awarded a construction contract to Econolite Systems, Inc. (Contractor), in the amount of $564,709.40. Subsequently, the City Council approved a professional services agreement with RT Engineering & Associates, Inc. (CE Consultant) for construction engineering, in the amount of $134,229.04. To account for potential unforeseen conditions or project changes, the City Council approved a 20% contingency, in the amount of $139,861.56, thereby bringing the total construction budget to $838,800.00.

DISCUSSION:

The bid proposal submitted by Econolite Systems, Inc., included upgrading existing traffic signal backplates with yellow retroreflective borders to meet the Caltrans standard on 778 traffic signal heads citywide.

Several traffic signals have been in operation for more than 40 years and were originally installed by Riverside County and/or Caltrans prior to the City’s incorporation. As a result, portions of the existing traffic signal system include obsolete signal heads with components that are no longer supported by manufacturers.

Prior to the start of construction, the contractor, CE consultant, and city staff conducted a field evaluation to develop an inventory of existing traffic signal heads at all 49 signalized intersections, verifying both the type and manufacturer.

Based on the completed inventory, of the 778 traffic signal heads identified in the bid proposal, the following was determined:
• 39 traffic signal heads have already been upgraded
• 142 traffic signal heads are obsolete and need replacement • 597 traffic signal heads are compatible for upgrade
Change Order
Following the field evaluation, city staff and the CE consultant evaluated available alternatives and determined that replacing the obsolete traffic signal heads with new units will reduce maintenance and will bring these traffic signals into conformance with current standards. Implementation of this alternative solution will require a change order to the 2 project scope of work and materials.

The proposed change order to the scope of work and materials, attached to this report, results in a net construction cost increase of $107,129.84. The change order includes the furnishing and installation of 142 new traffic signal heads to replace obsolete units at a cost of $209,358.64, partially offset by a cost reduction of $102,228.80 associated with the removal of traffic signal heads from the bid that have already been upgraded or are no longer required.

City staff recommends that the City Council approve Change Order No. 1 to the contract with Econolite Systems, Inc., in the amount of $107,129.84; for the construction of HSIP 11C, Citywide Traffic Signal Hardware Upgrades Project (C08756); and, authorize a budget adjustment to the construction budget for the project, in the amount of $47,875.11; and, authorize the City Engineer to execute the Change Order and issue the Notice to Proceed for this work.

FISCAL IMPACT:

Authorized Construction Budget
The City Council previously authorized a construction budget of $838,800, which includes the construction bid submitted by Econolite Systems, Inc. in the amount of $564,709.40, CE services provided by RT Engineering & Associates, Inc. of $134,229.04, and a 20% contingency of $139,861.56 to account for potential unforeseen conditions or project changes. The breakdown is summarized below:

Construction Bid Amount (Econolite) $564,709.40
Construction Engineering Cost (RTEA) $134,229.04
Total Construction Cost $698,938.44
20% Contingency $139,861.56
Authorized Construction Budget $838,800.00
Change Order No. 1
The proposed Change Order No. 1, in the amount of $107,129.84, can be fully covered by the current contingency, leaving a remaining contingency balance of $32,731.52.

Contingency $139,861.56
Change Order No 1 $107,129.84
Remaining contingency $32,731.52
As construction has not yet started, the remaining contingency balance of $32,731.52 may be insufficient to address unforeseen conditions that could arise once work begins. Additional funding to increase the contingency is available through the HSIP Cycle 11 grant and Measure A funds.

Funding Available
The FY 2025-26 Capital Improvement Program (CIP) included the following funding sources for this project.

HSIP Cycle 11 Funds
The city was awarded $931,230 in HSIP Cycle 11 construction funds. The Council has 3 authorized the use of $754,920 for construction and CE, leaving a balance of $176,310 available.

Awarded HSIP Funds $931,230
Council Authorized HSIP Funds ($754,920)
HSIP Funds Available $176,310
Measure A Funds
In the FY 2025-26 CIP, $209,500 in Measure A Funds were programmed for this project. The Council has authorized $83,880 from Measure A funds, as the local match required by the HSIP Cycle 11 grant program, leaving $125,620 of unused programmed funds.

Programmed Measure A Funds $209,500
Council Authorized Measure A Funds ($83,880)
Measure A Funds Available $125,620
Revised Construction Cost and Budget
With Change Order No. 1, the total construction cost increases to $806,068.28, as shown below.

Construction Bid Amount (Econolite) $564,709.40
Change Order No. 1 $107,129.84
Construction Engineering Cost (RTEA) $134,229.04
Revised Construction Cost $806,068.28
City staff recommend establishing a 10% contingency based on the revised construction cost, in the amount of $80,606.83, resulting in a revised construction budget of $886,675.11.

This contingency is recommended because construction has not yet begun, and additional unforeseen conditions may be encountered once work starts.

Revised Construction Cost $806,068.28
10% Contingency $80,606.83
Revised Construction Budget $886,675.11
Budget Adjustment Requested
A budget adjustment in the amount of $47,875.11 is recommended to increase the construction budget to account for the additional contingency.

Revised Construction Budget $886,675.11
Authorized Construction Budget ($838,800.00)
Budget Adjustment $ 47,875.11
Staff propose using HSIP Cycle 11 grant funds in the amount of $43,087.60 to cover 90% of the increase, with the remaining 10% in the amount of $4,787.51 to be funded through programmed Measure A funds to satisfy the city’s local match requirement. The allocation is summarized below:

FISCAL
YEAR

DESCRIPTION GENERAL LEDGER

ACCOUNT CODES

PROJECT
CODE

AMOUNT ONE TIME
or

ONGOING
2025- HSIP Funds 331-100-150- C08756 $43,087.60 ONE TIME 4 2026 (Grant) 156-8800-8802
2025-
2026
Measure A
(Local Match)
243-100-150-
156-8800-8802 C08756 $ 4,787.51 ONE TIME
2025-
2026 Total $47,875.11
FIVE-YEAR STRATEGIC PLAN:

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

ATTACHMENTS:

1. Econolite Systems, Inc. – Request for Change

2. HSIP 11C - Change Order No. 1
5 6

Cost (By Type) 1,342.00$ 1,568.80 $ 1,777.94 $ 2,065.34 $ Count 71 65 1 5 Subtotal 95,282.00$ - $ - $ - $ 101,972.00$ 1,777.94 $ 10,326.70 $ Total for R&R
209,358.64$
SAVINGS 102,228.80$
City Council Request 107,129.84$
Remove & Replace with New Traffic Signals Complete with Backplates & Reflective Tape 7 1
Andrew Lee
From: Patrick Showalter <[email protected]>
Sent: Thursday, January 8, 2026 7:58 AM
To: Andrew Lee; Javier Barrientos
Cc: Christopher Flores
Subject: Citywide Traffic Signal Hardware Upgrades (HSIP Cycle 11) RFC-001 Attachments: DOC010826-01082026073707.pdf
Importance: High
Good morning, attached please find Econolite System RFC 001 revision for bid item #3.

The change of scope of work will also require an increase of working days added to the project. Econolite System is requesting 30 additional days (currently 50 working days) for the new traffic signal assembles.

Additional labor is required removing existing traffic signal assembles, safe off wire(s) then install the new traffic signal assembles.

The lead time for new traffic signal assembles is 10-12 weeks ARO, subject the change.

Please let us know if you have any questions.

Thank you,

Patrick Showalter
Operations Manager
[email protected]
direct: 714-575-5549
mobile: 657-291-5218
www.econolite.com

Econolite Systems, Inc., a California corporation, 1250 N. Tustin Ave., Anaheim, CA 92807. Registered Agent: CT Corporation Services.

Information on how we process your personal data can be found in the Privacy Policy at https://www.econolite.com/privacy-policy/.

The information transmitted by this email is intended only for the person or entity to which it is addressed. This email may contain proprietary, business-confidential and/or privileged material. If you are not the intended recipient of this message, unauthorized review, use, disclosure, or distribution is prohibited. If you received this in error, please contact the sender and destroy all copies of the original message.

8 2
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. 9 Change Order Form
Date: 564,709.40$ Days: 50
$0.00 Days: 0
Project number: 107,129.84$ Days: 30
Project name: $107,129.84
$671,839.24 Days: 80
Contractor: Econolite Systems, Inc.

Owner: CATHEDRAL CITY
Reference:

PER ATTACHED EXHIBIT A & B
Totals
The amount of the contract will be INCREASED / DECREASED by the sum of Contract time shall be extended by 30 calendar days
Recommended: /Inspector - Project Manager Date:
(signature)
Accepted: /Contractor Date:
(signature)
Approved: /City Engineer Date:
(signature)

CATHEDRAL CITY
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City.

Contract Time
Extension (days)
107,129.84$
30 30107,129.84$
Orig. Contract Amt:

Prev. Apprvd. Changes:

January 28, 2026
C08756
Net change in contract amount
107,129.84$
(Decrease) in
Contract Amount
($)
-$
Contract Change Order No.:

HSIP 11C - Traffic Signal Head Backplates
1 Description of Changes
This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon herein between the Contractor and The City of Cathedral City otherwise referred to as Owner.

Increase in Contract
Amount ($)
HSIP 11C: Citywide Traffic Signal
Upgrades Change Order Total Amt:

This Change:

Revised Contract Amt:
10 Cathedral City Change Order Form
Item No. Quantity Unit Unit Price Amount
4 181 EA $564.80 ($102,228.80)
-$102,228.80
1 71 EA $1,342.00 $95,282.00
2 65 EA $1,568.80 $101,972.00
3 1 EA $1,777.94 $1,777.94
4 5 EA $2,065.34 $10,326.70
$209,358.64
Total INCREASE / DECREASE for Change Order No. 1 $107,129.84 FURNISH AND INSTALL NEW 3-SEC

SUBTOTAL BID ITEMS REDUCTION

SUBTOTAL ADDITIONAL NEW ITEMS
FURNISH AND INSTALL NEW 4-SEC
FURNISH AND INSTALL NEW 5-SEC
HSIP CYCLE 11C - CITYWIDE TRAFFIC SIGNAL HARDWARE UPGRADES (C08756)

CATHEDRAL CITY
CHANGE ORDER NO. 1

EXHIBIT A
Description

REDUCTION SCOPE OF WORK AND MATERIALS - BID ITEMS
FURNISH AND INSTALL NEW MAS-3

YELLOW REFLECTIVE VEHICLE BACKPLATE IMPROVEMENTS

ADDITIONAL SCOPE OF WORK AND MATERIALS - ADDITIONAL ITEMS Date: 1/28/2026
11 EXHIBIT B
12 1
Andrew Lee
From: Patrick Showalter <[email protected]>
Sent: Thursday, January 8, 2026 7:58 AM
To: Andrew Lee; Javier Barrientos
Cc: Christopher Flores
Subject: Citywide Traffic Signal Hardware Upgrades (HSIP Cycle 11) RFC-001 Attachments: DOC010826-01082026073707.pdf
Importance: High
Good morning, attached please find Econolite System RFC 001 revision for bid item #3.

Additional labor is required removing existing traffic signal assembles, safe off wire(s) then install the new traffic signal assembles.

The lead time for new traffic signal assembles is 10-12 weeks ARO, subject the change.

Please let us know if you have any questions.

Thank you,

Patrick Showalter
Operations Manager
[email protected]
direct: 714-575-5549
mobile: 657-291-5218
www.econolite.com

Econolite Systems, Inc., a California corporation, 1250 N. Tustin Ave., Anaheim, CA 92807. Registered Agent: CT Corporation Services.

Information on how we process your personal data can be found in the Privacy Policy at https://www.econolite.com/privacy-policy/.

13 2
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast, a leader in email security and cyber resilience. Mimecast integrates email defenses with brand protection, security awareness training, web security, compliance and other essential capabilities. Mimecast helps protect large and small organizations from malicious activity, human error and technology failure; and to lead the movement toward building a more resilient world. To find out more, visit our website. 14 Staff Report
City Council
Item No. 5.B
Meeting Date: January 28, 2026
From: John A. Corella, Director of Public Works
Title: Award Service Agreements for the Construction of the Cathedral City, Mountain Cathedrals Entryway Monument Project (C02601)
RECOMMENDATION:

Staff is presenting two (2) alternative recommendations for City Council consideration.

Option 1 (Recommendation for Solar Powered System)
To:
Award a service agreement to Hoffman Steel Fabrication, Inc. in the amount of $69,431.00 for the fabrication and installation of the Cathedral City, Mountain Cathedrals Entryway Monument Project (C02601);
Award a service agreement to Westcon Construction Services, Inc. in the amount of $24,500.00 for construction of the foundation for the Mountain Cathedrals Entryway Monument;
Approve the proposal from Hot Purple Energy in the amount of $6,500.00 to upgrade the existing solar system and install electrical components; and Approve a fifteen percent (15%) contingency in the amount of $15,064.65 for unforeseen construction costs;
Approve a budget amendment to Gas Tax (50%) and Measure A (50%) in the amount of $9,599.91 to establish a combined construction budget totaling $115,495.65 for the Cathedral City Mountain Cathedrals Entryway Monument Project (C02601); Authorize the City Manager to execute the service agreements; and, Authorize the City Engineer to execute the proposal with Hot Purple Energy, request bonds and insurances and issue notices to proceed.

Option 2 (Recommendation for Hard-Wired System)
To:
Award a service agreement to Hoffman Steel Fabrication, Inc. in the amount of $69,431.00 for the fabrication and installation of the Cathedral City, Mountain Cathedrals Entryway Monument Project (C02601); and,
Award a service agreement to Westcon Construction Services, Inc. in the amount of $24,500.00 for construction of the foundation for the Mountain Cathedrals Entryway Monument; and,
Approve the proposal from Towers Electric in the amount of $24,582.15 for installation 1 of underground conduits across East Palm Canyon Drive; and, Approve the proposal from Rhythm Electric LLC, in the amount of $5,050.00 for installation of power and electrical components for the mountain Cathedrals Entryway Monument; and,
Approve a fifteen percent (15%) contingency in the amount of $18,534.47 for unforeseen construction costs; and,
Approve a budget amendment to the Gas Tax (50%) and Measure A (50%) in the amount of $36,201.88 to establish a combined construction budget totaling $142,097.62 for the Cathedral City, Mountain Cathedrals Entryway Monument Project (C02601); and,
Authorize the City Manager to execute the service agreements; and, Authorize the City Engineer to execute proposals with Towers Electric and Rhythm Electric Inc., request bonds and insurances and issue notices to proceed.

BACKGROUND:

At the March 26, 2025, City Council meeting, staff presented an overview of size options and cost estimates for the standardized “Mountain Cathedrals” entryway monument. To assist the City Council in visualizing the scale and proportion of each option, scaled mockups of the existing “Mountain Cathedrals” sculpture, located at Date Palm Drive south of Vista Chino, were displayed. The proposed sizes and corresponding estimated costs were as follows:
¼ (25%) size = +/- $60,000 to $ 77,000
½ (50%) size = +/- $74,000 to $148,000
¾ (75%) size = +/- $80,000 to $150,000
Based on City Council direction, a half-scale (50%) replica was selected as the preferred size for installation at multiple entry points into the city.

The monument will include a stainless-steel art piece with brushed finish surface, a reinforced concrete foundation, a stainless-steel sign with laser cut lettering displaying the phrase “Welcome to Cathedral City” in a font and color scheme approved in the Cathedral City Basic Identity Guidelines document, and lighting to illuminate the monument (Attachment 2).

Engineering staff subsequently programmed five (5) entryway monuments into the 5-Year Capital Improvement Program (CIP) to be constructed annually (subject to available funding) at the following locations:
East Palm Canyon Drive (East) – FY 2025/2026
East Palm Canyon Drive (West) – FY 2026/2027
Ramon Road (West) – FY 2027/2028
Date Palm Drive (North of Vista Chino) – FY 2028/2029
Dinah Shore Drive (East) – FY 2029/2030
With the monument size, design, and locations established, staff from the Engineering Division prepared the plans and specifications in-house for the East Palm Canyon Drive (East) location to initiate the process of obtaining quotes. This process helps determine the 2 funding required and allows staff to analyze appropriate funding sources based on the pricing information obtained.

DISCUSSION:

The proposed construction of the Mountain Cathedrals Entryway Monument includes three (3) major components:

1. Fabrication and installation of the art piece,

2. Construction of the foundation,

3. Installation of the electrical system.

The electrical system may be completed through one of two options: updating the existing solar power system or installing a new hard-wired electrical system.

The procurement process for each of the above-mentioned components is outlined below.

1. Fabrication and Installation of the Art Piece and Monument Sign On Thursday, August 7, 2025, the city advertised the Invitation to Bid, requesting qualified contractors to perform the scope of work described in Bid No. B25-101E, which includes the Plans and Specifications for this Project.

The bid solicitation was made available to contractors for twenty-one (21) calendar days and advertised in the following locations:
Desert Sun- Published on August 7, 2025
PlanIt Print Works- From August 7, 2025, until August 28, 2025 City’s Website- From August 7, 2025, until August 28, 2025 No formal bid submittals were received by the advertised deadline.

Following the unsuccessful bid, city staff contacted contractors on the plan holders list to identify factors that may have contributed to the limited interest. Based on the feedback received, staff requested written proposals in accordance with the City’s Municipal Code Chapter 3.12.140, which allows for procurement without formal bids.

On September 2, 2025, four (4) interested contractors from the plan holders list were invited to submit proposals to the Engineering Division. By the submission deadline of Monday, September 15, 2025, staff received three (3) proposals for consideration.

CONTRACTOR COST (Fabrication/Installation of Art Piece/Sign) AMOUNT Graphics MFG – Victorville, CA $ 62,000.00
Hoffman Steel Fabrication, Inc. – Palm Springs, CA $ 69,431.00 KCB Towers, Inc. – Banning, CA $ 71,660.00
City staff conducted reference checks and reviewed the scope and nature of work completed by each contractor to assess their qualifications. The evaluation focused on criteria considered most critical in determining the best value to the city, including cost, contractor license classification, client references, and demonstrated project experience. 3 Although Graphics MFG submitted the lowest price, their work primarily involves wall- mounted signs, and their contractor’s license does not align with the project scope. Based on this evaluation, staff determined Hoffman Steel Fabrication, Inc. (Hoffman) to be the most qualified contractor for the fabrication and installation of the Mountain Cathedrals Entryway Monument fabrication and installation.

2. Construction of the Foundation
A qualified contractor for the construction of the Mountain Cathedrals Entryway Monument foundation was procured through an informal bid process.

On September 26, 2025, city staff contacted four (4) local, qualified contractors and invited them to submit a proposal for the foundation construction. By October 6, 2025, submission deadline, staff received two (2) proposals for consideration:

CONTRACTOR COST (Construction of Foundation) AMOUNT
Westcon Construction Services, Inc. – Indio, CA $ 24,500.00 Desert Elite Electric and Construction, Inc. – Indio, CA $ 49,758.18 Based on the proposals received, Westcon Construction Services, Inc. (Westcon) is the qualified contractor yielding the lowest contract price for the construction of the monument foundation.

3. Installation of the Electrical System
The entryway monument is proposed to include lighting to enhance visibility of the artwork during evening hours, from dusk to dawn. To support this feature, staff evaluated two (2) options for installation of the electrical system. Option 1 involves upgrading the existing solar power system located on the raised median island at East Palm Canyon Drive. Option 2 involves installing a new hard-wired electrical system which would require trenching the south half of East Palm Canyon Drive to install electrical conduits and conductors.

Please note, while Option 1 (solar-powered DC electrical system) represents the lower upfront construction cost, it provides a short-term solution with battery replacements and solar panel repairs expected approximately every four (4) to five (5) years. Staff’s experience with solar powered systems at this location and other medians indicates that Option 2 (hard- wired AC electrical system) provides a more reliable and durable long-term solution to provide lighting to the monument and the median island.

Option 1 – Upgrading Existing Solar System
Hot Purple Energy, a Palm Springs-based contractor, originally installed the solar power system located within the median island. City staff contacted Hot Purple Energy to evaluate upgrades to the existing system to support lighting for the proposed monument.

On August 21, 2025, staff received a cost estimate to replace the batteries and add lighting components necessary to restore the system to operational conditions and provide monument illumination.

CONTRACTOR COST (Upgrade of Solar System) AMOUNT
4 Hot Purple Energy- Palm Springs, CA $ 24,582.15
Option 2 - Installing New Hard-Wired System
Based on the routine and extended period maintenance required by solar powered systems, staff evaluated different options to provide electrical power to the proposed monument and existing lighting at the median island.

In September 2025, staff explored the possibility of extending power from the pedestal meter located at the intersection of Date Palm Drive and East Palm Canyon Drive.

Four (4) local, qualified contractors were invited to submit a proposal. The proposals received exceeded $60,000 surpassing the project’s estimated cost; therefore, this option was not pursued.

To remain within the project’s estimated cost, staff developed a reduced hard-wired approach, separating work into two components: trenching with the installation of conduits, and electrical work which includes tying-into existing power at the south side of East Palm Canyon Drive, and installing electrical components.

For trenching and conduit installation, staff contacted two (2) additional local, qualified contractors. By December 11, 2025, the following proposals were received for consideration:

CONTRACTOR COST (Trenching and Conduits) AMOUNT
Towers Electric – Palm Desert, CA $ 24,582.15
Desert Elite Electric and Construction, Inc. – Indio, CA $ 41,345.54 Based on the proposals received, Towers Electric is the qualified contractor with the lowest proposal price for trenching and conduit installation.

For the electrical work required to energize the monument luminaires, city staff contacted three (3) local, qualified contractors and invited them to submit proposals.

A single proposal was received for consideration on January 8, 2026.

CONTRACTOR COST (Energize Monument Lighting) AMOUNT
Rhythm Electric LLC – Palm Desert, CA $ 5,050.00
The total cost for the installation of new hard-wired system (Option 2) is as follows:

CONTRACTOR COST (Total Cost – Hard-wired System) AMOUNT Towers Electric – Palm Desert, CA $ 24,582.15
Rhythm Electric LLC – Palm Desert, CA $ 5,050.00
Option 2: Installing New Hard-Wired System Total Cost $ 29,632.15 Summary of Options
City staff has secured proposals for each of the major components required to construct the Mountain Cathedrals Entryway Monument, including fabrication and installation of the art piece, construction of the foundation, and adding power to the median island by upgrading the existing solar system or trenching across East Palm Canyon Drive to install a hard-wire electrical system.
5 Staff recognizes Councilmember Ross’ offer to allocate $105,895.74 from her District Improvement funds toward this project, which will significantly support the advancement of the proposed improvements.

With this funding in mind, staff affirm that the lowest upfront cost option would utilize solar- powered lighting. However, based on prior experience with solar lighting previously installed on this median, Engineering staff are also providing the long-term, lower-maintenance solution to install a hard-wired AC electrical system.

Accordingly, to reduce long-term maintenance costs and improve system reliability, city staff alternatively recommend construction of the entryway monument utilizing Option 2 (hard- wired AC electrical system) as the preferred electrical installation. For transparency and policy consideration, both options are presented below for City Council’s review, preference and direction based on available funding consideration.

If the City Council chooses to proceed with construction of the entryway monument using the upgraded solar system (as presented in this Staff Report’s recommendation), city staff recommend the following actions for Council consideration:
Award a service agreement to Hoffman Steel Fabrication, Inc. in the amount of $69,431.00 for the fabrication and installation of the Cathedral City, Mountain Cathedrals Entryway Monument Project (C02601);
Award a service agreement to Westcon Construction Services, Inc. in the amount of $24,500.00 for construction of the foundation for the Mountain Cathedrals Entryway Monument;
Approve the proposal from Hot Purple Energy in the amount of $6,500.00 to upgrade the existing solar system and install electrical components; and Approve a fifteen percent (15%) contingency in the amount of $15,064.65 for unforeseen construction costs;
Approve a budget amendment to Gas Tax (50%) and Measure A (50%) in the amount of $9,599.91 to establish a combined construction budget totaling $115,495.65 for the Cathedral City Mountain Cathedrals Entryway Monument Project (C02601); Authorize the City Manager to execute the service agreements; and, Authorize the City Engineer to execute the proposal with Hot Purple Energy, request bonds and insurances and issue notices to proceed.

If the City Council is supportive of allocating additional funding for the hard-wired system, staff present the following alternative recommendation for Council approval:
Award a service agreement to Hoffman Steel Fabrication, Inc. in the amount of $69,431.00 for the fabrication and installation of the Cathedral City, Mountain Cathedrals Entryway Monument Project (C02601);
Award a service agreement to Westcon Construction Services, Inc. in the amount of $24,500.00 for construction of the foundation for the Mountain Cathedrals Entryway Monument;
Approve the proposal from Towers Electric in the amount of $24,582.15 for installation of underground conduits across East Palm Canyon Drive;
Approve the proposal from Rhythm Electric LLC, in the amount of $5,050.00 for installation of power and electrical components for the mountain Cathedrals Entryway Monument;
Approve a fifteen percent (15%) contingency in the amount of $18,534.47 for 6 unforeseen construction costs;
Approve a budget amendment to Gas Tax (50%) and Measure A (50%) in the amount of $36,201.88 to establish a combined construction budget totaling $142,097.62 for the Cathedral City Mountain Cathedrals Entryway Monument Project (C02601); Authorize the City Manager to execute the service agreements; and, Authorize the City Engineer to execute proposals with Towers Electric and Rhythm Electric Inc., request bonds and insurances and issue notices to proceed.

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

FISCAL IMPACT:

Staff has provided below the fiscal impacts associated with the two (2) alternative recommendations for City Council consideration.

Monument Construction Option 1 (Solar Powered System)
a) Construction Budget
Hoffman’s cost proposal for the fabrication and installation of the art piece for the Mountain Cathedrals Monument was $69,431.00. The lowest cost proposal for the construction of the monument foundation was provided by Westcon, in the amount of $24,500.00. Hot Purple Energy provided a proposal to upgrade the existing solar system and installation of lighting components in the amount of $6,500.00. These proposals bring the estimated construction cost to $100,431.00, as shown below:

Fabrication and Installation (Hoffman) $ 69,431.00
Concrete Foundation (Westcon) $ 24,500.00
Updating (Hot Purple Energy) $ 6,500.00
Estimated Construction Cost $100,431.00
Staff recommend a 15% contingency in the amount of $15,064.65, thereby bringing the total construction budget to $115,495.65, as shown below:

Estimated Construction Cost. $100,431.00
15% Contingency $ 15,064.65
Construction Budget Requested $115,495.65
b) Funding Sources
Councilmember District Improvement Funds (General Fund) The available balance in Councilmember Ross’ District Improvement Fund for this project is in the amount of $105,895.74.

Staff recommend a Gas Tax (50%) and Measure A (50%) budget amendment in the amount of $9,599.91 for the construction of the project as shown below. 7 Construction Budget Requested. $115,495.65
District Funds ($105,895.74)
Additional Funds Required $ 9,599.91
The following table summarizes the budget allocations for the construction of the Mountain Cathedrals Entryway Monument at East Palm Canyon Drive (East) with electrical system Option 1.

FISCAL

YEAR DESCRIPTION

GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE AMOUNT ONE TIME or

ONGOING
2025-2026 District Fund
(CM Ross)
100-100-110-111-
8800-8802 C02601 $105,895.74 One Time
2025-2026 Gas Tax (50%)
Measure A (50%)
241/243-100-150-
156-8800-8802 C02601 $9,599.91 One Time
2025-2026 Total $115,495.65
Monument Construction with Electrical System Option 2 (Hard-Wire Electrical System) a) Construction Budget
Hoffman’s cost proposal for the fabrication and installation of the art piece for the Mountain Cathedrals Monument was $69,431.00. The lowest cost proposal for the construction of the monument foundation was provided by Westcon, in the amount of $24,500.00. The installation of the electrical system is broken down in two parts. The lowest cost proposal for conduit installation via trenching was provided by Towers Electric, in the amount of $24,582.15, and a single proposal was received by Rhythm Electric in the amount of $5,050.00 for the installation of power and electrical components. These proposals bring the estimated construction cost to $123,563.15, as shown below:

Fabrication and Installation (Hoffman) $ 69,431.00
Concrete Foundation (Westcon) $ 24,500.00
Electrical Conduit Installation (Towers Electric) $ 24,582.15 Electrical Power & Components (Rhythm Electric) $ 5,050.00 Estimated Construction Total $123,563.15
Staff recommend a 15% contingency in the amount of $18,534.47, thereby bringing the total construction budget to $142,097.62, as shown below:

Estimated Construction Toal. $123,563.15
15% Contingency $ 18,534.47
Construction Budget Requested $142,097.62
b) Funding Sources
Councilmember District Improvement Funds
The available balance in Councilmember Ross’ District Improvement Fund for this project is in the amount of $105,895.74.

Additional funds in the amount of $36,201.88 will be necessary for the construction of the project as shown below.
8 Estimated Construction Cost. $142,097.62
District Funds ($105,895.74)
Additional Funds Required $ 36,201.88
Staff recommend a Gas Tax (50%) and Measure A (50%) budget amendment be considered for approval to make up for the shortfall of $36,201.88 for the construction of the Mountain Cathedrals Entryway Monument at East Palm Canyon Drive (East).

The following table summarizes the budget allocations for the construction of the Mountain Cathedrals Entryway Monument at East Palm Canyon Drive (East) with hard-wired electric system (Option 2).

FISCAL

YEAR DESCRIPTION

GENERAL
LEDGER

ACCOUNT
CODES

PROJECT
CODE AMOUNT ONE TIME or

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

B-2: Develop an entryway, medians, and lightning master plan to provide appealing gateways to the city
ATTACHMENTS:

1. Mountain Cathedrals Entryway Monument – Vicinity Map

2. Mountain Cathedrals Entryway Monument Exhibit

3. Mountain Cathedrals Estimated Costs (Option 1 and Option 2)

4. Fabrication and Installation – Service Agreement with Hoffman

5. Foundation Construction – Service Agreement with Westcon

6. Upgrade Solar System – Hot Purple Energy Proposal

7. Conduit Installation – Towers Electric Proposal

8. Power and Electrical Components Installation – Rhythm Electric Proposal 9 Attachment 1
Project Vicinity Map
(Median on East Palm Canyon Drive, between Date Palm Drive and Sungate Way) 10 11

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12 ITEMDESCRIPTION COMPANY COST
1 Fabrication and Installation of CathedralsHoffman Steel Fabrication Inc 69,431.00$ 2 Foundation Westcon Construction Services Inc24,500.00$ 3 Solar Installation Hot Purple Energy 6,500.00$
100,431.00$
15,064.65$
115,495.65$

CATHEDRALS MONUMENT

EAST PALM CANYON DRIVE BETWEEN SUNGATE WAY AND DATE PALM DRIVE MEDIAN

TOTAL COST (QUOTES)
15% CONTINGENY

TOTAL ESTIMATED COST
OPTION 1: SOLAR INSTALLATION - (DC ELECTRICAL LIGHTING) 13 ITEMDESCRIPTION COMPANY COST
1 Fabrication and Installation of CathedralsHoffman Steel Fabrication Inc 69,431.00$ 2 Foundation Westcon Construction Services Inc24,500.00$ 3 Trenching Towers Electric 24,582.15$
4 Electrical Rhythm Electric 5,050.00$
123,563.15$
18,534.47$
142,097.62$

TOTAL COST (QUOTES)

TOTAL ESTIMATED COST
15% CONTINGENY

CATHEDRALS MONUMENT

EAST PALM CANYON DRIVE BETWEEN SUNGATE WAY AND DATE PALM DRIVE MEDIAN OPTION 2: AC ELECTRICAL LIGHTING
14 - 1 -
4886-8063-8473 v2

AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
HOFFMAN STEEL FABRICATION, INC.

This Agreement for Services (“Agreement”) is entered into as of this twenty-eighth day of January 2026 by and between the City of Cathedral City , a municipal corporation (“City”) and Hoffman Steel Fabrication, Inc. a California corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

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

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

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

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

SECTION 1. TERM OF AGREEMENT.

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

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

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

SECTION 3. ADDITIONAL SERVICES.
15 - 2 -
4886-8063-8473 v2
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “ Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed sixty-nine thousand, four-hundred thirty-one dollars, and zero cents ($69,431.00) unless additional comp ensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month, Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and p aid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor ’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any 16 - 3 -
4886-8063-8473 v2
of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

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

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

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

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permi t an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the 17 - 4 -
4886-8063-8473 v2
request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

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

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

SECTION 9. STANDARD OF PERFORMANCE.
(a) Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, 18 - 5 -
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generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performanc e or performance criteria, the specific standard or criteria shall prevail over the general. (b) Contractor warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

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

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

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws apply to this Agreement for work performed at the installation site, pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds.

SECTION 12. NONDISCRIMINATION.

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

SECTION 13. UNAUTHORIZED ALIENS.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, 19 - 6 -
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incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor ’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non- related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (d) City may determine that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Contractor shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall 20 - 7 -
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have the right to reim bursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor ’s conduct.

Contractor shall promptly notify City should Contractor , its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contr actor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys ’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor , in the performance of professional services under this Agreement. Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or 21 - 8 -
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entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

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

SECTION 18. ASSIGNMENT.

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

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

SECTION 19. CONTINUITY OF PERSONNEL.

Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such 22 - 9 -
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performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor , or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.

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

SECTION 21. DEFAULT.

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

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, 23 - 10 -
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epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

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

SECTION 24. NOTICES.

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

To City: City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: Hoffman Steel Fabrication, Inc.

Attn: Philip Hoffman - CEO
690 East Industrial Place
Palm Springs, CA 92264

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

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

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the City of Cathedral City Municipal Code and its adopted policies and procedures.
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SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

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

SECTION 29. WAIVER.

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

SECTION 30. LAW TO GOVERN; VENUE.

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

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

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

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or wri tten, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, 25 - 12 -
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made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

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

SECTION 34. ELECTRONIC SIGNATURE
The Parties agree that, in accordance with the City’s Electronic Signature Use Policy, adopted on August 10, 2023, and as amended thereafter, the Parties may use electronic signatures to execute this Agreement. Any use of electronic signatures to execute this Agreement shall comply with the City’s Electronic Signature Use Policy, and such signatures shall have the same force and effect as if this Agreement were executed by hand. 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.

SECTION 35. CONFLICTING TERMS.

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

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

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CITY OF CATHEDRAL CITY
___________________________
Anne V. Ambrose
Interim City Manager
ATTEST:
___________________________
Christina Burton
City Clerk

APPROVED AS TO FORM
_______________________________
Eric S. Vail
City Attorney
[CONTRACTOR NAME]
____
________________
________________

27 4886-8063-8473 v2 A-1

EXHIBIT "A"

SCOPE OF SERVICES

28 4886-8063-8473 v2
B-1
EXHIBIT "B"

COMPENSATION
29 Exhibit B
30 31

32 33

34 35

36 4886-8063-8473 v2
C-1
EXHIBIT "C"

INSURANCE

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

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

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).

(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.

(3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.

(4) Professional Liability . Professional liability insurance appropriate to the Contractor ’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contr actor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:

(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.

(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of Exhibit C
37 4886-8063-8473 v2
C-2
not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.

(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.

(4) Professional Liability. $1,000,000 per occurrence.

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

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

2. Commercial General Liability and Automobile Liability Coverages.

(1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor ; premises owned, occupied or used by Contractor ; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.

(2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance.

(3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 38 4886-8063-8473 v2
C-3
against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

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

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

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

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

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AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
WESTCON CONSTRUCTION SERVICES, INC.

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

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

SECTION 1. TERM OF AGREEMENT.

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

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.

SECTION 3. ADDITIONAL SERVICES.
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Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “ Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed twenty-four thousand, f ive-hundred dollars, and zero cents ($24,500.00) unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month, Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and p aid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Contractor ’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any 41 - 3 -
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of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be s ufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the 42 - 4 -
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request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 9. STANDARD OF PERFORMANCE.
(a) Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, 43 - 5 -
4886-8063-8473 v2
generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performanc e or performance criteria, the specific standard or criteria shall prevail over the general. (b) Contractor warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.

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

SECTION 12. NONDISCRIMINATION.

SECTION 13. UNAUTHORIZED ALIENS.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall 45 - 7 -
4886-8063-8473 v2
have the right to reim bursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor ’s conduct.

Contractor shall promptly notify City should Contractor , its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys ’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor , in the performance of professional services under this Agreement. Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or 46 - 8 -
4886-8063-8473 v2
entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

SECTION 18. ASSIGNMENT.

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

SECTION 19. CONTINUITY OF PERSONNEL.

SECTION 21. DEFAULT.

SECTION 22. EXCUSABLE DELAYS.

Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, 48 - 10 -
4886-8063-8473 v2
epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

SECTION 24. NOTICES.

To City: City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: Westcon Construction Services, Inc.

Attn: Rafael Rodriguez – Project Manager
81149 Indio Blvd.

Indio, CA 92201

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the City of Cathedral City Municipal Code and its adopted policies and procedures.
49 - 11 -
4886-8063-8473 v2
SECTION 27. BINDING EFFECT.

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

SECTION 28. AMENDMENT.

SECTION 29. WAIVER.

SECTION 30. LAW TO GOVERN; VENUE.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or wri tten, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, 50 - 12 -
4886-8063-8473 v2
made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

SECTION 35. CONFLICTING TERMS.

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

51 - 13 -
4886-8063-8473 v2

CITY OF CATHEDRAL CITY
___________________________
Anne V. Ambrose
Interim City Manager
ATTEST:
___________________________
Christina Burton
City Clerk

APPROVED AS TO FORM
_______________________________
Eric S. Vail
City Attorney
[CONTRACTOR NAME]
____
________________
________________

52 4886-8063-8473 v2 A-1

EXHIBIT "A"

SCOPE OF SERVICES

53 4886-8063-8473 v2
B-1
EXHIBIT "B"

COMPENSATION
54 10/13/2025

PLAN SHEET NO. PLAN DATE APPROVAL DATE

Foundation Details
Sh. 5 of 5 7/21/2025 8/5/2025
81-149 Indio Blvd., Indio, CA 92201
Ph: (760) 775-7070, Fax: (760) 775-7010
Lic. # 1089263 (A,C-8) DIR # PW-LR-1000849091
WBE (WBE2202733)
ATTACHMENT NO. 1
Cathedral City Monument Foundation
City Of Cathedral City
prepared for
Westcon Construction Services, Inc.

PLANS & SPECS 1 of 3 Revised: 10/13/2025 @ 8:09 AM
Exhibit B
55 10/13/2025
Item Description Quantity Unit Unit Price Total
Furnish And Install:

24,500.00$

ATTACHMENT NO. 2
Cathedral City Monument Foundation

TOTAL BID
City Of Cathedral City
prepared for
1 LS 24,500.00$ 24,500.00$ 1
* 1 (EA) 6'-7-7/16" x 4'-9"x 6'-0"
[Grey/Sack & Patch Finish]
(Per Det. Sh. 5 of 5)
* Reinforcement (Per Det. Sh. 5 of 5)
*Furnish And Install Conduit Embeded Into
Foundation
*Dry Pack Steel Plates
*Excavation, Removal & Disposal
Of Spoils
* Traffic Control
PAYMENT 2 of 3 Revised: 10/13/2025 @ 8:09 AM
56 10/13/2025
SPECIAL CONDITIONS:
1 OUR BID EXCLUDES: Prevailing Wages; Demo; Traffic Control; Engineering; Inspections; Surveying; Permits & Fees; Bonds; Lab Testing; Utility Relocation or Protection; Contact With Hazardous or Toxic Materials; PM 10 & SWPPP; Dust Control; Construction Water Costs; Aggregate Base; Granular Fill; Sand; Caulking; Sealer; Vapor Barrier; Color Concrete; Asphalt Paving Or Patching; & Replacement of Work Damaged by Others. 2 OUR BID INCLUDES: Prevailing Wages; Wash Out Bins; Reinforcement; Furnshing And Installation Of Conduit Embeded Into Concrete Foundation Only; Dry Pack Steel Plates; Excavation; Removal & Disposal Of Spoils; & Traffic Control. 3 Final billing based on measurement of actual work performed at unit prices herein stated. 4 Payment terms must be approved by Westcon prior to start of work. 5 Prices are subject to award of all items listed in the proposal. 6 Increases in labor costs after 6/30/2026 shall be paid for as change order work. 7 Increases in material costs after 3/31/2026 shall be paid for as change order work. 8 Premium time costs due to Owner request to accelerate work completion must be approved for change order payment prior to work performance.
9 Excavation, spoil removal and backfill to be by others unless otherwise stated. 10 All concrete work must be constructed with a minimum 1% slope or grade elevation fall to allow for proper drainage. Westcon not responsible for less than 1% slopes. 11 All concrete work requires a 7 day cure period prior to opening to traffic use. 12 Westcon shall not be held liable for any impacts, delays and/or cost overruns related to its work stemming from the current COVID-19 pandemic as defined by the United States Centers for Disease Control and Prevention. Westcon shall further be entitled to a change order for any and all time and costs associated with said pandemic.

13 The complete terms and conditions of this proposal shall be included in any contract or subcontract prepared by Owner or General Contractor.

Cathedral City Monument Foundation
prepared for
City Of Cathedral City
ATTACHMENT NO. 3
SPECIAL CONDITIONS 3 of 3 Revised: 10/13/2025 @ 8:09 AM 57 4886-8063-8473 v2
C-1
EXHIBIT "C"

INSURANCE

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

Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).

2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:

(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.

(2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 58 4886-8063-8473 v2
C-2
not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.

(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.

(4) Professional Liability. $1,000,000 per occurrence.

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

2. Commercial General Liability and Automobile Liability Coverages.

(3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 59 4886-8063-8473 v2
C-3
against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.

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

60 Date: 01/16/26
Quote #: 1019700
Customer ID:

Expiration Date: 02/15/26
To:

Address
Armando Baldizzone
Phone (760) 770-0329
[email protected]
Total
$6,500
$6,500
810 N Farrell Dr, Palm Springs, CA 92262 (760)322-4433 [email protected] Thank you for your business!
Description
Upgrade existing solar powered median lighting for
Monument
Total
Work to be completed: Install new batteries and add
addionnal lighting.

Estimate
Hot Purple Energy
Name City of Cathedral City
To accept this quotation, sign here and return:
______________________________________________
Armando J. Garcia Baldizzone, PE
City Engineer
Cathedral City - Date:
61 Towers Electric C10 #997250
39249 Leopard St Ste A-105
Palm Desert, CA
92211, United States
(760) 377-0184
Prepared By:

Edgardo Torres
7603770184
[email protected]
Project: E Palm Canyon Drive Electrical and Boring
Scope of Work
Electrical trade
Included (+)

1. Trench, backfill and compaction as needed for conduits

2. Install three 1" PVC sch 80

3. Install 2 boxes

4. Pothole and Re-pave potholes

5. Traffic Control for pothole

6. Install one 4" Sleeve
Excluded (-)

1. Overtime or night work

2. Concrete cut or saw

3. Patch asphalt
Notes
Bid good for 30 days.

Quote: 809 / Date: 12/11/2025
62 Summary
Subtotal $24,072.88
Taxes $509.28
$24,582.15
Accepted By Date
Quote: 809 / Date: 12/11/2025
Armando J. Garcia Baldizzone, PE
City Engineer
Cathedral City
63 R HYTHM E LECTRIC LLC Proposal
73530 Catalina Way Apt 1
Palm Desert, CA 92260
Ph: (760) 851 - 2229
Email: [email protected]

CLIENT:

CATHEDRAL CITY MOUNUMENT
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92234

TERMS PROJECT

BID MONUMENT

ELECTRICAL

QUANTITY DESCRIPTION RATE AMOUNT

1ea.

Misc.

Labor:

1. Install new wires to feed internal and external
wiring in a new monument installation.

2. Install (3) sets of conduit from the monument
to the #6 ground box to carry the feeds.

3. Define the circuit currently controlling the post
lights on the side of the street and utilize for
the monument lighting.

4. Establish if the existing timer in the panel
enclosure will be able to be used to control
the lighting schedule of the monument and
program.

5. A transformer will be needed for the low
voltage LED lighting in and around the
monument.

Materials:

In ground 12V transformer.
1” pvc conduit and all related materials.

Wire, fixture and outlet boxes, connectors and fittings, straps, standards and wire nuts.

Sub - total Labor

Sub - total Materials

$300.00
$100.00
$450.00

$4200.00

$300.00
$100.00
$450.00

$ 4200.00

$ 850.00

*Taxes Not Included in Proposal* TOTAL $ 5050.00

DATE PROPOSAL#
1/8/2026 55211917
64 Terms:

1. Quote is subject to approval from the local serving utility of work to be accomplished if required.

2. Utility fees are not included.

3. All devices must have appropriate UL listings.

4. Any service equipment in need of corrections or updating will be done on a time and material basis with labor @ $100.00 per hour and materials marked up @ 20%.

5. Shipping and handling not included.

6. Permit fees not included.

7. Work is guaranteed for 1 calendar year after inspection.

EXCLUSIONS: Off hours work, Code upgrades to existing systems, Utility hook- up fees, Hazardous materials removal and abatement including but not limited to lead and asbestos, WSST as built, California state energy code requirements, All patch and paint, excavation, backfill, soil removal, saw and concrete removal unless otherwise specified in the contract.

PAYMENT TO BE MADE AS FOLLOWS: 40% upon signing, 35% upon completion of rough-in, 25% upon final inspection.

All work is guaranteed for one year upon final inspection. All work to be completed in a craftsman like manner according to industry standards. All agreements are contingent upon strikes, accidents or delays beyond our control.

Owners to carry fire insurance and other necessary insurances.

ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You authorized to do the work as specified. Payment will be made as outlined. Our price will remain in effect for 30 days, after which it will be subject to a review.

Date of Acceptance
Armando J. Garcia Baldizzone, PE
City Engineer
Cathedral City
Da
te of Acceptance Rhythm Electric LLC
65

Cathedral City City CouncilJanuary 28, 2026

Cathedral City City Council
January 28, 2026