Agenda packet, study session, first session — Cathedral City City Council, October 14, 2026 (part 1 of 5)

CITY COUNCIL
PACKET
Study Session 3:00 PM
Regular Meeting 5:30 PM
Wednesday, October 14, 2026
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
MAYOR
Raymond Gregory

CITY COUNCIL MEMBERS
Mayor Pro Tem
Ernesto Gutierrez
Councilmember
Nancy Ross
Councilmember
Rita Lamb
Councilmember
Christina Gordon
Pursuant to Senate Bill 707, participation in this meeting is available by videoconference/teleconference. If you would like to attend the meeting via Zoom please use the following link to register:
https://us02web.zoom.us/webinar/register/WN_sy_gmC8nT_2AZqjmtAkW5w After registering, you will receive a confirmation email containing information about joining the webinar.

STUDY SESSION 3:00 PM
Normally no action is taken on Study Session Items, however, the City Council reserves the right to give specific policy direction and take specific action as necessary.

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

CALL TO ORDER

ROLL CALL

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

2. STUDY SESSION
A. Approval of the Third Amended and Restated Joint Powers Agreement for Visit Greater Palm Springs (VGPS)
Recommendation: Staff recommends that the City Council review the Third Amended and Restated Joint Powers Agreement for Visit Greater Palm Springs (VGPS), which will be considered at the Regular City Council Meeting of October 14, 2026.

B. CalPERS Update
Recommendation: To receive a CalPERS Update and Overview, with no formal action required.

C. Fall 2026 Special Events Preview
Recommendation: To receive a presentation only, with no formal action required.

3. CLOSED SESSION
A. Conference with Legal Counsel- Existing litigation Pursuant to Government Code Section 54956.9(d)(1) Number of Matters: Two (2)

1. Zenergy v. City of Cathedral City, et al. RSC Case No.

CVPS2406355

2. Regional Water Quality Control Board, Colorado River Basin Region. Technical Reporting Order No. R7-2025-0020-01
Recommendation: There is no staff recommendation.

B. Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b)
One (1) Position
Title: City Attorney
Recommendation: There is no staff recommendation.

RECESS
REGULAR MEETING - 5:30 PM

CALL TO ORDER
3 PLEDGE OF ALLEGIANCE

INVOCATION (MOMENT OF REFLECTION)

ROLL CALL

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

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

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

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

A. Waive Full Reading of Ordinances on Agenda
Recommendation: Waive Full Reading of Ordinances on Agenda B. Approval of the September 16, 2026 Special Study Session and Special City Council Meeting Minutes.

Recommendation: To approve the Special Study Session and Special City Council meeting minutes of September 16, 2026
C. Commissioner/Committee Member Attendance Record
Recommendation: Receive and File
D. Approval of the Third Amended and Restated Joint Powers Agreement for Visit Greater Palm Springs (VGPS)
Recommendation: Staff recommends that the City Council approve the Third Amended and Restated Joint Powers Agreement for Visit Greater Palm Springs (VGPS) and authorize the appropriate City officials to execute the agreement on behalf of the City.
4 E. Approval of the Development of a Satellite Training Ground at Fire Station 1 and Authorization to Expend Joint Apprenticeship Committee (JAC) and Instructional Service Agreement (ISA) Training Reimbursement Funds for the Purchase and Construction of Firefighter Training Props
Recommendation: Staff recommends that the City Council authorize the expenditure of $95,317.26 in Joint Apprenticeship Committee (JAC) and Instructional Service Agreement (ISA) training reimbursement funds; and authorize the Fire Chief, or designee, to execute the necessary purchase and contract documents for Phase One, consisting of one twenty-foot modular Conex Box Training Center from Forcible Entry, Inc. in the amount of $95,317.26.

F. Purchase of One New Type I Ambulance – Fleet Replacement Recommendation: Cathedral City Fire & EMS requests authorization to purchase one (1) Medix MSV 170" Type I ambulance on a Ford F-450 chassis from Republic Emergency Vehicle Services (EVS), in the amount of $397,061.61, together with a five percent (5%) delivery/overrun contingency of $19,853.08, and a Motorola Mobile Radio in the amount of $10,234.83 for a total authorization of $427,149.52.

G. Acceptance of FY 2025 AFG Grant for Fire Station 2 Fire Sprinkler System Retrofit Project
Recommendation: To adopt a resolution entitled:

A resolution by the City Council of the City of Cathedral City, California accepting the fiscal year 2025 Assistance to Firefighters Grant, Award No.

EMW-2025-FG-04668, for the Fire Station 2 fire sprinkler system retrofit project, and authorizing the City Manager to execute all related documents Accepting the FY2025 FEMA Assistance to Firefighters Grant (AFG), Award No. EMW-2025-FG-04668, in the amount of $90,909.09 for a fire sprinkler system at Fire Station 2, approving the required $9,090.91 local match from the Fire Department FY 2026/27 operating budget, and authorizing the City Manager, or designee, to accept the award and execute all related grant documents.

H. Notice of Completion for HSIP Cycle 9A: Traffic Signal Improvements at 12 Intersections (C08752)
Recommendation: To accept and approve the Highway Safety Improvements Program (HSIP) Cycle 9A, Traffic Signal Improvements at 12 Intersections (C08752), as complete; authorize the City Manager to execute and file a notice of completion with the Riverside County Recorder’s Office; and authorize the release of retention funds to Elecnor Belco Electric Inc., upon expiration of the notice of completion (NOC).

I. Approval of a Budget Adjustment to the HSIP Cycle 11C Traffic Signal Hardware Upgrades Project (C08756), and Approval of Amendment No. 1 to the Professional Service Agreement with RT Engineering and 5 Associates Inc.

Recommendation: Approve a budget adjustment to the HSIP Cycle 11C Traffic Signal Hardware Upgrades Project (C08756), utilizing Highway Safety Improvement Program (HSIP) funding awarded by the California Department of Transportation (Caltrans); and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with RT Engineering and Associates Inc. for additional construction engineering services necessary to complete the project.

J. Notice of Completion for HSIP Cycle 11D: Pedestrian Crossing Upgrades Project (C08757)
Recommendation: To accept and approve the Highway Safety Improvements Program (HSIP) Cycle 11D: Pedestrian Crossing Upgrades Project (C08757) as complete; authorize the City Manager to execute and file a notice of completion (NOC) with the Riverside County Recorder’s Office; and authorize the release of retention funds to Onyx Paving Company, Inc. upon expiration of the notice of completion.

K. Yoga Classes in the Cathedral City Community Amphitheater - 2027 funded by the Parks and Community Events Commission Events Budget
Recommendation: To approve $3,100 from the Fiscal Year 2026-27 Parks and Community Events Commission Small Events Budget for the 2027 Yoga in the Park program at the Cathedral City Community Amphitheater.

L. Approval for the Purchase of a Meridian Traffic Control Trailer Recommendation: Approve the purchase of one Meridian Archer T-1000 Drop Deck Trailer in an amount not to exceed $39,010.78 to support the deployment and transportation of the Meridian Mobile Barrier System and other heavy-duty traffic control equipment; and authorize the City Manager to execute all documents necessary to complete the purchase.

M. Amended Agreement for Services with Conrad Angel Corral for Cathedral City TV (CCTV) Production Services
Recommendation: Approve an amended Agreement for Services with Conrad Angel Corral for Cathedral City TV (CCTV) production services for a 21-month term, in an amount not to exceed $70,000 over the full term and authorize the City Manager to execute the agreement.

N. Agreement for Services with Poderosos Latinos, LLC for SpanishLanguage Video Podcast Production Recommendation: Approve an Agreement for Services with Poderosos Latinos, LLC for Spanish-language video production services in an amount not to exceed $9,600 and authorize the City Manager to execute the agreement.

O. Resolution of Intention to Establish Improvement Area (IA) No. 24 (Foothill Cove) - CFD 2006-01
6 Recommendation: To adopt a resolution entitled:

Resolution of intention of the City Council of the City of Cathedral City to establish Improvement Area no. 24 of the City of Cathedral City Community Facilities District No. 2006-1 (law enforcement, fire, paramedic, park maintenance and general services) and to authorize the levy of a special tax within said improvement area
P. Approve the Public Arts Commission's Recommendation to Start a Cathedral City Poet Laureate Program
Recommendation: Approve the Public Arts Commission’s recommendation to start a Cathedral City Poet Laureate Program, with Clare Chu serving as the City’s first Poet Laureate.

4. PUBLIC HEARINGS
A. First Reading of Ordinance to Update the Cathedral City Development Code
Recommendation:

To provide first reading, by title only, of an ordinance of the City Council of the City of Cathedral City finding the project exempt from the California Environmental Quality Act (CEQA), repealing and replacing Title 9 (Planning and Zoning) of the Cathedral City Municipal Code to adopt a comprehensive update to the City's zoning regulations establishing the new "Cathedral City Development Code," and making related findings.

5. LEGISLATIVE ACTIONS
A. Security Cameras and Dispatch Alert System
Recommendation: To approve the city hall security camera improvements, including the purchase of security camera equipment, associated wiring, and installation services, at a cost of $43,525.59, and approve the dispatch alerting improvements, including the equipment, installation, and programming, at a cost of $67,803.17. Staff further recommends City Council authorize a 20% contingency in the amount of $22,265.75 to address unforeseen conditions, additional materials, or other project-related costs that may arise during implementation; and approve a General Fund budget amendment for a total project appropriation of $133,594.51.

B. First Reading of an Ordinance Amending Chapters 3.48 and 5.88 Regarding Cannabis Taxes, Licensing, AB 1775, and Odor Control Compliance
Recommendation: Staff recommends that the City Council consider the proposed changes, waive further reading, read by title only, and introduce for first reading Ordinance No. XXX amending Chapter 3.48 (Cannabis Tax) and Chapter 5.88 (Cannabis Businesses) of the Cathedral City Municipal Code.

C. Ordinance 894 Amendment, 2025 California Building and Fire Codes 7 Recommendation: To introduce and provide first reading, by title only, and waive further reading of an Ordinance amending the previously adopted 2025 California Building and Fire Codes to correct minor numbering errors and clarify language related to Sewer Connections.

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

7. CLOSED SESSION

ADJOURNMENT

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

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

When providing public comment during a Council Meeting, California Law may require speakers to disclose a campaign contribution made to an elected or appointed City Councilmember if speaking on certain projects or contracts to be acted upon by the City Council. Please use the following link to determine whether you have a legal obligation to disclose your campaign contribution: https://www.cathedralcity.gov/transparency Written Comments will be accepted until 2:00 p.m. on the day of the meeting. Written comments may be submitted via email, letter, or other forms of written communication.

To email comments please email to [email protected].

Hard copies of written comments and any other document will be provided to the City Council and made available for the general public to review. All written comments received by the submission deadline will be made part of the official record. The meeting minutes will include: The name of the individual submitting the comment and a brief statement summarizing the content of the comment.

Submitted Written Comments will not be read into the record during the meeting.

AVISOS AL PÚBLICO
La Ciudad de Cathedral City cumple con la Ley de Estadounidenses con 8 Discapacidades de 1990 (Americans with Disabilities Act). Si requiere asistencia especial para participar en esta reunión, por favor comuníquese con la Oficina de la Secretaria Municipal (City Clerk) al (760) 770-0322 por lo menos 48 horas antes de la reunión.

Si desea dirigirse al Concejo Municipal durante la reunión, por favor complete un Formulario de Solicitud para Hablar disponible en la entrada y entréguelo a la Secretaria Municipal. Las personas que deseen hablar, serán llamados en el momento apropiado.

Al proporcionar comentarios públicos durante una reunión del Concejo Municipal, la ley de California puede requerir que los participantes revelen una contribución de campaña hecha a un miembro electo o designado del Concejo Municipal si hablan sobre ciertos proyectos o contratos que serán considerados por el Concejo Municipal. Por favor utilice el siguiente enlace para determinar si tiene la obligación legal de revelar su contribución de campaña: https://www.cathedralcity.gov/transparency Se aceptarán comentarios por escrito hasta las 2:00 p.m. del día de la reunión. Los comentarios por escrito pueden enviarse por correo electrónico, carta u otras formas de comunicación escrita.

Para enviar comentarios por correo electrónico, por favor envíelos a:
[email protected].

Las copias impresas de los comentarios escritos y cualquier otro documento serán proporcionadas al Concejo Municipal y estarán disponibles para revisión del público en general. Todos los comentarios escritos recibidos antes de la fecha límite de entrega formarán parte del registro oficial.

Las actas de la reunión incluirán: el nombre de la persona que presentó el comentario y una breve declaración que resuma el contenido del comentario.

Los comentarios escritos enviados no serán leídos en voz alta durante la reunión.

Staff Report
City Council
Item No. 2.A
Meeting Date: October 14, 2026
From: Christina Burton, City Clerk
Title: Review of the Third Amended and Restated Joint Powers Agreement for Visit Greater Palm Springs (VGPS)
RECOMMENDATION:

Staff recommends that the City Council review the Third Amended and Restated Joint Powers Agreement for Visit Greater Palm Springs (VGPS), which will be considered at the Regular City Council Meeting of October 14, 2026.

BACKGROUND:

Visit Greater Palm Springs (“VGPS”) is a Joint Powers Authority operating pursuant to the Joint Exercise of Powers Act (California Government Code Section 6500 et seq.). Its members include the nine Coachella Valley cities and the County of Riverside.

The current Second Amended and Restated Joint Powers Agreement was approved in June 2024. On June 26, 2026, the VGPS JPA Executive Committee and Board of Directors approved Resolution No. JPA 2026-003 recommending amendments to the Agreement.

DISCUSSION:

The proposed Third Amended JPA Agreement expands the purpose and powers of VGPS to allow the organization and its member agencies to pursue destination-enhancing infrastructure and economic development initiatives, including potential sports complexes, entertainment venues, and meeting facilities.

The amendments would also allow VGPS members, in collaboration with VGPS, to pursue the formation of Tourism Improvement Districts, Infrastructure Districts, and other legally authorized financing mechanisms to support tourism-related infrastructure, including a potential regional sports complex in the Coachella Valley.

Approval of the Agreement does not establish a district, impose an assessment, authorize debt, approve construction, or commit the City to future financial participation. Any such action would require separate consideration and approval in accordance with applicable law. 1 This agreement will be considered at the Regular City Council Meeting of October 14, 2026.

FISCAL IMPACT:

There is no direct fiscal impact associated with this item. Any future financial participation would require separate City Council approval.

ATTACHMENTS:

1. VGSP Staff Report

2. Resolution No. JPA 2026-003

3. Relined 3rd Amended and Restated JPA Agreement

4. Draft 3rd Amended and Restated JPA Agreement
2 STAFF REPORT
TO: JPA Executive Committee
FROM: Scott White, President & CEO
DATE: June 22, 2026
SUBJECT: A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE OF VISIT GREATER PALM SPRINGS, RESOLUTION NO. JPA 2026-003, APPROVING AMENDMENTS TO THE PURPOSE AND

POWERS OF THE JOINT POWERS AUTHORITY
STAFF RECOMMENDATION:

That the JPA Executive Committee, serving as the governing body of Visit Greater Palm Springs (VGPS), adopts and approves Resolution No. JPA 2026-003, a resolution to amend the purpose and powers of the operative joint powers agreement for VGPS, in the form of the Third Amended and Restated Joint Powers Agreement.

BACKGROUND:

VGPS is a Joint Powers Authority operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.) The JPA Executive Committee serves as the governing body of VGPS. The JPA Executive Committee adopted the Joint Powers Agreement (“Amended and Restated Agreement”) on January 20, 2016 (“JPA Agreement”). The current operative JPA Agreement for VGPS is the Second Amended and Restated Joint Powers Agreement (the “Second Amended JPA Agreement”), that was approved on June 14, 2024.

VGPS previously commissioned a series of feasibility studies for a potential regional amateur sports complex. The results of the studies made it clear that a thoughtfully designed indoor facility could fill a critical gap in both our tourism economy and our community recreation infrastructure. Beyond the numbers, this project offers a major step forward in regional quality of life, keeping local athletes closer to home, creating new opportunities for youth development, and supporting wellness, recreation, and community pride. A regional amateur sports complex can generate meaningful economic impact, help retain local talent, and support a more resilient and diversified, year-round economy. By taking the lead, the region can establish itself as a premier destination for sports and tourism, while fueling development across retail, hospitality, and entertainment.

To further the vision of a regional amateur sports complex in the Coachella Valley, there is a proposed resolution, Resolution No. JPA 2026-003, which would include amendments to the Second Amended JPA Agreement, i.e. the Third Amended and Restated Joint Powers Agreement. These amendments would allow member cities the option to develop a Tourism Improvement District or Infrastructure District in collaboration with VGPS. In particular, the proposed amendments would include revisions to the “Purpose” of the Second Amended and Restated JPA (see, Section 3, p. 3), and the “Powers” of that agreement (see, Section 16, p. 8), as indicated below:
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Section 3. Purpose
The purpose of VGPS is to benefit all JPA Members and their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and doing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to maximize attract visitationors from national and international markets; ; and (a)(b) Doing such other things to drive, advance and support promote and strengthen initiatives to strengthen and diversify all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley; and
(b) Developing, fostering and facilitating Coachella Valley destination-enhancing improvements and infrastructure including, but not limited to, .sports complexes, and entertainment venues, and meeting facilities, either directly and/or forging dynamic public-private partnerships.

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(h)(i) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; (i)(j) The power to raise revenue for any public purpose consistent with the JPA’s purposes, as set forth in this Agreement, through any legal and appropriate means including other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., and any other applicable provisions of California law authorizing the formation of assessment, benefit, or financing districts as referenced in Section 16(l);
(j)(k) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., as well as any other applicable provisions of California law authorizing the formation of assessment, benefit, or financing districts, which authorizes joint powers agencies to establish, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion, destination marketing, economic development, and the financing, development, operation, and maintenance of public and private improvements, facilities, and infrastructure, including sports, entertainment, meeting, cultural, and related uses.. Approval of this Agreement by the JPA Members constitutes consent to:
(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the VGPS in connection with formation of the said district (“2013 TMD”); and
(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;
(iii) the renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals; (l) The power to form these districts, as discussed in the prior section, Section 16(l), and incorporated herein by this reference, shall extend to the ability to establish such districts on a regional basis or within defined subareas of the JPA’s territorial boundaries (“Regional Districts”) that include only those JPA Members in those Regional Districts. Those Regional Districts may, or may not, include all JPA Members depending on the makeup and reach of the Regional District. For any Regional District that does not include all JPA Members within its boundary, the formation, rate, and management district plan shall be subject to approval by the legislative bodies of only the JPA Members in those Regional Districts and may be approved by a majority vote of those JPA Members’ legislative bodies, within those Regional Districts, consistent with applicable law. Incidental to this power to form these Regional 5

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Districts will be the power to plan, finance, develop, construct, acquire, operate, and maintain tourism-related infrastructure and facilities, including but not limited to sports complexes, entertainment venues, meeting facilities, and other visitor-serving improvements, either directly or in partnership with public or private entities; (k)(m) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA; (l)(n) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;
(m)(o) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the Government Code; (n)(p) The power to provide insurance pursuant to section 989 of the Government Code et seq.; (o)(q) The power to sue and be sued in the name of the JPA; (p)(r) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;
(q)(s) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JPA;
(r)(t) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;
(s)(u) The power to lobby on behalf of tourism and economic development; (t)(v) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the tourism and economic development industry; and
(u)(w) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws.

VGPS staff recommends that the JPA Executive Committee, serving as the governing body of VGPS, adopt and approve Resolution No. JPA 2026-003, a resolution to amend the purpose and powers of the operative joint powers agreement for VGPS, as outlined above, in the form of the Third Amended and Restated Joint Powers Agreement.
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VISIT GREATER PALM SPRINGS

JOINT POWERS AGREEMENT
(“Third Amended and Restated Agreement”)
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500 et seq. _________________, 2026
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TABLE OF CONTENTS
RECITALS........................................................................................................................... 1 AGREEMENT..................................................................................................................... 2 Section 1 Definitions ....................................................................................... 2 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name................................................................................................ 3 Section 5 Second Amended and Restated Agreement Superseded ................ 4 Section 6 Termination...................................................................................... 4 Section 7 JPA Members.................................................................................. 4 Section 8 Additional Members........................................................................ 4 Section 9 Governing Body............................................................................... 5 Section 10 JPA Executive Committee – Powers and Duties............................. 5 Section 11 Territorial Boundaries...................................................................... 6 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 7 Section 14 Expulsion......................................................................................... 8 Section 15 Separate Entity................................................................................. 8 Section 16 Powers of the JPA............................................................................ 8 Section 17 Power to Invest .............................................................................. 11 Section 18 Bonding ......................................................................................... 11 Section 19 Treasurer and Auditor – Designations........................................... 11 Section 20 Treasurer – Duties and Responsibilities......................................... 11 16 ii
Section 21 Independent Audit ......................................................................... 12 Section 22 Auditor’s Duties ............................................................................ 12 Section 23 Attorney’s Fees.............................................................................. 12 Section 24 Voting............................................................................................ 12 Section 25 Severability .................................................................................... 12 Section 26 Waiver ........................................................................................... 13 Section 27 Amendments.................................................................................. 13 Section 28 Ambiguities or Uncertainties......................................................... 13 Section 29 Applicable Law.............................................................................. 13 Section 30 Venue............................................................................................. 13 Section 31 Notices........................................................................................... 13 Section 32 Counterparts................................................................................... 14 Section 33 Privileges and Immunities ............................................................. 14

EXHIBIT A
Territorial Boundaries.......................................................................................................... 18 17 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 1 This Third Amended and Restated Joint Powers Agreement (this “Agreement”) is entered into by and between the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code. The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”). The parties to this Agreement are individually referred to herein as “JPA Member” and collectively as “JPA Members.”

RECITALS
WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority (“JPA”); and WHEREAS, the JPA Members entered into the original joint powers agreement on February 8, 1989, to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the JPA Members have in common; and WHEREAS, it is intended by the JPA Members that this Agreement shall be amendatory of the Second Amended and Restated Joint Powers Agreement, dated June 14, 2024, including any subsequent amendments (“Second Amended and Restated Agreement”), and shall restate, amend and supersede the Second Amended and Restated Agreement in its entirety as of the Effective Date; and
WHEREAS, on or about _____________, 2026, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to amend the purpose and powers of JPA as set forth below, among additional provisions as stated herein; and WHEREAS, on or about _____________, 2026, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Third Amended and Restated Joint Powers Agreement.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, and intending to be legally bound hereby, the JPA Members hereby covenant and agree as follows:
18 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 2 AGREEMENT
Section 1. Definitions
The following words, terms and phrases shall have the following meanings:
“Additional JPA Members” shall mean qualified municipalities that may be added as members of JPA as described in Section 8.
“Board of Directors” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.
“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.
“JPA” shall mean the Joint Powers Authority and may also be referred to herein as VGPS.
“JPA Executive Committee” shall mean the JPA’s governing body formed for the purposes and having the powers and duties set forth in Section 10. “JPA Member” shall mean a municipality that is party to this Agreement. “JPA Members” shall mean, collectively, the municipalities that have entered into this Agreement.
“JPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.
“Lodging Establishments” shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, public or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.
“Partner” shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes ofthis Agreement. “President and Chief Executive Officer” shall mean the individual employed by VGPS, who is responsible for professionally supervising, managing, and administering VGPS’s dayto day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement. 19 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 3 “TBID” shall mean Tourism Business Improvement District assessment. “Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of VGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.
“Treasurer” shall mean the individual appointed by VGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.
“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.

Section 3. Purpose
The purpose of VGPS is to benefit all JPA Members and their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and doing such other things as might be necessary to enhance, to the greatest extent possible all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to maximize visitations from national and international markets;
(b) Doing such other things to drive, advance and support initiatives to strengthen and diversify all aspects of the regional economy of the Coachella Valley; and (c) Developing, fostering and facilitating Coachella Valley destination-enhancing improvements and infrastructure including, but not limited to, sports complexes, entertainment venues, and meeting facilities, either directly and/or forging dynamic public-private partnerships.

Section 4. Name
The name of the JPA shall be “Visit Greater Palm Springs” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote of the entire JPA Executive Committee.
20 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 4 Section 5. Second Amended and Restated Agreement Superseded - Effective Date
It is intended by the JPA Members that this Agreement shall be amendatory of the Second Amended and Restated Agreement and shall restate, amend and supersede the Second Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the JPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the JPA Members’ legislative bodies (“Effective Date”).

Section 6. Termination
(a) This Agreement may be terminated by unanimous vote of all the JPA Members’ legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a JPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing JPA Member as described in Section 13; and (b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be returned to the JPA Members’ treasuries in proportion to the JPA Member Contributions made by the respective JPA Member to the JPA.
(c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2, any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.

The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.

Section 7. JPA Members
The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 8. Additional Members
Additional JPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as JPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.
21 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 5 Section 9. Governing Body
(a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: (i) a duly elected or appointed council member of each city JPA Member; and (ii) a member ofthe Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the JPA Member Contributions, as set forth in this Agreement, shall be entitled to vote.

Section 10. JPA Executive Committee - Powers and Duties The JPA Executive Committee, consistent with this Agreement and all applicable laws, shall exercise all the powers and perform all duties necessary to conduct the business ofthe JPA, either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following:
(a) Adopt bylaws or rules of procedure to provide for the organization and administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote of the JPA Executive Committee;
(b) Approve and adopt a budget for the JPA prior to the commencement of the JPA’s subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee;
(c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other persons from any other industry deemed appropriate. The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.

Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee. (d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member 22 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 6 employed by each JPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on; (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and
(f) Create any committees, sub-committees, and advisory committees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.
(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Agreementshall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City ofRancho Mirage in the exercise ofsimilar powers.

Section 11. Territorial Boundaries
The JPA’s territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote ofthe JPA Members’ legislative bodies.

Section 12. Contributions
(a) Initial Membership Fee. Each new JPA Member shall pay to the JPA a one-(1) time entry fee and operation fee calculated as follows:
(i) Entry Fee: The “Entry Fee” shall be calculated by multiplying the new JPA Member’s current fiscal year’s gross revenue estimate by .55%. (ii) Operation Fee: The “Operation Fee” shall be calculated by multiplying the Entry Fee by 15.62%.

The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA.
(b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote ofthe JPA Members’ legislative bodies. JPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS. 23 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 7 A contribution from each ofthe JPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.

Section 13. Withdrawal
Any Party may withdraw as a JPA Member and the obligations under this Agreement subject to the following conditions:
(a) The withdrawing JPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice ofWithdrawal. (b) The effective date of withdrawal shall always be the last day of the VGPS’s Fiscal Year.
(c) All JPA Member Contributions must be paid in full by the withdrawing JPA Member through the end of the current VGPS Fiscal Year of the year when the withdrawing JPA Member provides its Notice ofWithdrawal as well as the following VGPS Fiscal Year. (d) After giving notice of withdrawal, a withdrawing JPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through the effective date of withdrawal.
(e) A withdrawing JPA Member may again become a party to this Agreement on condition that it pays to the treasury of the VGPS an amount equal to all JPA Member Contributions which the withdrawing JPA Member would have been required to pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the VGPS may remain active Partners as long as their respective government entity is a JPA Member and during the period of their JPA Member’s withdrawal from the Joint Powers Agreement. (g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA. 24 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 8 Section 14. Expulsion
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.

Section 15. Separate Entity
Except for termination as provided in Section 6 of this Agreement, pursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one JPA Member except that any JPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.

Section 16. Powers of the JPA
Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:
(a) The power to make, enter into and perform all necessary contracts; (b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties; (c) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services; (d) The power to acquire, construct, manage, maintain or operate any building, works or improvements;
(e) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;
(f) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA; (g) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA; (h) The power to donate any surplus real or personal property to any public agency or nonprofit organization;
25 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 9 (i) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; (j) The power to raise revenue for any public purpose consistent with the JPA’s purposes, as set forth in this Agreement, through any legal and appropriate means including assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., and any other applicable provisions of California law authorizing the formation of assessment, benefit, or financing districts as referenced in Section 16(l); (k) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., as well as any other applicable provisions of California law authorizing the formation of assessment, benefit, or financing districts, which authorizes joint powers agencies to establish, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion, destination marketing, economic development, and the financing, development, operation, and maintenance of public and private improvements, facilities, and infrastructure, including sports, entertainment, meeting, cultural, and related uses. Approval of this Agreement by the JPA Members constitutes consent to:
(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the VGPS in connection with formation of the said district (“2013 TMD”); and
(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;
(iii) the renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals; (l) The power to form these districts, as discussed in the prior section, Section 16(l), and incorporated herein by this reference, shall extend to the ability to establish such districts on a regional basis or within defined subareas of the JPA’s territorial boundaries (“Regional Districts”) that include only those JPA Members in those Regional Districts. Those Regional Districts may, or may not, include all JPA Members depending on the makeup and reach of the Regional District. For any Regional District that does not include all JPA Members within its boundary, the formation, rate, and management district plan shall be subject to approval by the legislative bodies of only the JPA Members in those Regional Districts and may be approved by a majority vote of those JPA Members’ legislative bodies, within those Regional Districts, consistent with applicable law. Incidental to this power to form these Regional Districts will be the power to plan, finance, develop, construct, acquire, operate, and maintain tourism-related 26 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 10 infrastructure and facilities, including but not limited to sports complexes, entertainment venues, meeting facilities, and other visitor-serving improvements, either directly or in partnership with public or private entities;
(m) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA; (n) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;
(o) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the Government Code; (p) The power to provide insurance pursuant to section 989 of the Government Code et seq.;
(q) The power to sue and be sued in the name of the JPA; (r) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;
(s) The power to travel domestically and internationally that is necessary or proper in carrying out the purposes and intent of the JPA;
(t) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;
(u) The power to lobby on behalf of tourism and economic development; (v) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the tourism and economic development industry; and
(w) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws. 27 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 11 Section 17. Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.

Section 18. Bonding
Pursuant to Government Code section 6505.1, individuals occupying the following positions shall file an official bond in an amount deemed sufficient by the JPA Executive Committee:
(a) President/Chief Executive Officer;
(d) Director of Finance; and
(e) Treasurer.

Section 19. Treasurer and Auditor - Designations
Pursuant to Government Code section 6505.6, the JPA Executive Committee shall designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately.

Section 20. Treasurer - Duties and Responsibilities
Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:
(a) Receive and receipt (account) for all money of the JPA and place it in the treasury of the Treasurer so designated to the credit of the JPA; (b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; (c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;
(d) Pay any other sums due from the JPA from JPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and
(e) Verify and report in writing no less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties financial statement of activities for the year.
28 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 12 Section 21. Independent Audit
Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.

Section 22. Auditor’s Duties
The Auditor shall perform the following duties:
(a) Review and recommend to the JPA Executive Committee accounting procedures and policies governing the JPA;
(b) Review and approve all demands listed on the Warrant Registers prior to submittal to the JPA Executive Committee;
(c) Review payroll registers at least monthly;
(d) Review all financial reports being submitted to the JPA Executive Committee and make the JPA Executive Committee aware of any discrepancies or potential problems in the reports;
(e) Review investments made by the President or Treasurer; (f) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and (g) Assist staff in the selection of the Certified Public Accounting firm.

Section 23. Attorney’s Fees
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 its actual and reasonable attorney's fees, costs and expenses incurred in the proceeding.

Section 24. Voting
Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than half) to pass such motion. In the event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated.

Section 25. Severability
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this 29 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 13 Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

Section 26. Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.

Section 27. Amendments
This Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 28. Ambiguities or Uncertainties
The JPA Members have mutually negotiated the terms and conditions of this Agreement and each JPA Member received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein.

As such, this Agreement is a product of the joint drafting efforts of all JPA Members and none of the JPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any JPA Member.

Section 29. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 30. Venue
In the event that suit is brought by any party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

Section 31. Notices
Any notice or communication required hereunder between the JPA and the JPA Members shall be in writing and may be given either personally or by registered mail, returnreceipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
30 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 14 City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attention: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Attention: City Manager
City of Indian Wells
44950 Eldorado Drive
Indian Wells, CA 92210
Attention: City Manager
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Manager
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270
Attention: City Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk
Section 32. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 33. Privileges and Immunities
Pursuant to section 6513 of the Government Code, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGES]
31 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 15 IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members have each executed this Agreement.

CITY OF CATHEDRAL CITY
_________________________________
Raymond Gregory, Mayor
Dated: ___________________________
_________________________________
Andrew “Andy” Firestine, City Manager
ATTEST:
_________________________________
Chrstina Burton, City Clerk
APPROVED AS TO FORM:
________________________________
Eric S. Vail, City Attorney

CITY OF COACHELLA
_________________________________
Dr. Frank Figueroa, Mayor
Dated: ___________________________
_________________________________
Gustavo Romo, City Manager
ATTEST:
_________________________________
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:
________________________________
Ryan Guiboa, City Attorney

CITY OF DESERT HOT SPRINGS
_________________________________
Scott Matas, Mayor
Dated: ___________________________
_________________________________
Doria Wilms, City Manager
ATTEST:
_________________________________
Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney

CITY OF INDIAN WELLS
_________________________________
Dr. Toper Taylor, Mayor
Dated: ___________________________
_________________________________
Christopher Freeland, City Manager
ATTEST:
_________________________________
Angelica Avila, City Clerk
APPROVED AS TO FORM:
________________________________
Todd Leishman, City Attorney
32 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 16 CITY OF INDIO
_________________________________
Elaine Holmes, Mayor
Dated: ___________________________
_________________________________
Jonathan Nicks, City Manager
ATTEST:
_________________________________
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
________________________________
Steven P. Graham, City Attorney

CITY OF LA QUINTA
_________________________________
Linda Evans, Mayor
Dated: ___________________________
_________________________________
Jon McMillen, City Manager
ATTEST:
_________________________________
Monika Redeva, City Clerk
APPROVED AS TO FORM:
________________________________
William H. Ihrke, City Attorney

CITY OF PALM DESERT
_________________________________
Evan Trubee, Mayor
Dated: ___________________________
_________________________________
Chris Escobedo, City Manager
ATTEST:
_________________________________
Anthony Mejia, City Clerk
APPROVED AS TO FORM:
________________________________
Isra Shah, City Attorney

CITY OF PALM SPRINGS
_________________________________
Naomi Soto, Mayor
Dated: ___________________________
_________________________________
Scott Stiles, City Manager
ATTEST:
_________________________________
Brenda Pree, City Clerk
APPROVED AS TO FORM:
________________________________
Jeffrey Ballinger, City Attorney
33 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 17 CITY OF RANCHO MIRAGE
_________________________________
Lynn Mallotto, Mayor
Dated: ___________________________
_________________________________
Isaiah Hagerman, City Manager
ATTEST:
_________________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
________________________________
Colin D. Kirkpatrick, City Attorney

COUNTY OF RIVERSIDE
____________________________________
Karen Spiegel, Chairman
____________________________________
Jeff Van Wagenen, County Executive
Manager
ATTEST:
____________________________________
Kimberly A. Rector, Clerk of the Board
APPROVED AS TO FORM:
____________________________________
Minh Tran, County Counsel
34 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 18 EXHIBIT A

TERRITORIAL BOUNDARIES
35 36
1 VISIT GREATER PALM SPRINGS

JOINT POWERS AGREEMENT
(“Second Third Amended and Restated Agreement”)
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500 et seq. _________________, 20264
37 i

TABLE OF CONTENTS
RECITALS ...........................................................................................................................1 AGREEMENT....................................................................................................................21 Section 1 Definitions ......................................................................................12 Section 2 Incorporation of Recitals..................................................................3 Section 3 Purpose.............................................................................................3 Section 4 Name ................................................................................................3 Section 5 First Second Amended and Restated Agreement Superseded – Eff.ective Date 34
Section 6 Termination ....................................................................................43 Section 7 JPA Members...................................................................................4 Section 8 Additional Members.........................................................................4 Section 9 Governing Body ................................................................4Section 9 Governing Body ...............................................................................5 Section 10 JPA Executive Committee – Powers and Duties............................54 Section 11 Territorial Boundaries ....................................................................65 Section 12 Contributions ....................................................................................6 Section 13 Withdrawal .....................................................................................76 Section 14 Expulsion/Withdrawal……………………………………………. 7
Section 1415 Separate Entity................................................................................67 Section 1516 Powers of the JPA...........................................................................78 Section 1617 Power to Invest .............................................................................910 Section 1718 Bonding ........................................................................................910 38 ii
Section 1819 Treasurer and Auditor – Designations ..........................................910 Section 1920 Treasurer – Duties and Responsibilities........................................911 Section 2021 Independent Audit ......................................................................1011 Section 2122 Auditor’s Duties .........................................................................1011 Section 23 Attorney’s Fees……………………………………………………. 12
Section 24 Voting…………………………………………………………….. 12
Section 2225 Severability.................................................................................1012 Section 2326 Waiver ........................................................................................1013 Section 2427 Amendments...............................................................................1013 Section 2528 Ambiguities or Uncertainties......................................................1113 Section 2629 Applicable Law ..........................................................................1113 Section 2730 Venue..........................................................................................1113 Section 2831 Notices........................................................................................1113 Section 2932 Counterparts................................................................................1214 Section 3033 Privileges and Immunities ..........................................................1214

EXHIBIT A
Territorial Boundaries .......................................................................16Territorial Boundaries ..............................................................................................................................................18 39 1

VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement This Second Third Amended and Restated Joint Powers Agreement (this “Agreement”) is entered into by and between the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code. The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”). The parties to this Agreement are individually referred to herein as “JPA Member” and collectively as “JPA Members.”

RECITALS
WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority (“Authority (“JPA”); and WHEREAS, the JPA Members entered into the original joint powers agreement on February 8, 1989, to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world- wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the JPA Members have in common; and WHEREAS, it is intended by the JPA Members that this Agreement shall be amendatory of the First Second Amended and Restated Joint Powers Agreement, dated January June 14, 202420, 2016, including any subsequent amendments (“First Second Amended and Restated Agreement”), and shall restate, amend and supersede the First Second Amended and Restated Agreement in its entirety as of the Effective Date; and WHEREAS, on or about _____________, 20264, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose and purpose powers of JPA as set forth below, among additional provisions as stated herein; and
WHEREAS, on or about _____________, 20264, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Third Amended and Restated Joint Powers Agreement.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, and intending to be legally bound hereby, the JPA Members hereby covenant and agree as follows:
40 1

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Joint Powers Agreement - Third Amended and Restated Agreement 41 2

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Joint Powers Agreement - Third Amended and Restated Agreement

AGREEMENT
Section 1. Definitions
The following words, terms and phrases shall have the following meanings:
“Additional JPA Members” shall mean qualified municipalities that may be added as members of JPA as described in Section 8.
“Board of Directors” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.
“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.
“JPA” shall mean the Joint Powers Authority and may also be referred to herein as VGPS.
“JPA Executive Committee” shall mean the JPA’s governing body formed for the purposes and having the powers and duties set forth in Section 10. “JPA Member” shall mean a municipality that is party to this Agreement. “JPA Members” shall mean, collectively, the municipalities that have entered into this Agreement.
“JPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.
“Lodging Establishments” shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, public or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.
“Partner” shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement. “President and Chief Executive Officer” shall mean the individual employed by VGPS, who is responsible for professionally supervising, managing, and administering VGPS’s dayto- day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement. “TBID” shall mean Tourism Business Improvement District assessment. 42 3

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Joint Powers Agreement - Third Amended and Restated Agreement “Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of VGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.
“Treasurer” shall mean the individual appointed by VGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.
“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.

Section 3. Purpose
The purpose of VGPS is to benefit all JPA Members and their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and doing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to maximize attract visitationors from national and international markets; ; and
(a)
(b) Doing such other things to drive, advance and support promote and strengthen initiatives to strengthen and diversify all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley; and
(c)
(b) Developing, fostering and facilitating Coachella Valley destination-enhancing improvements and infrastructure including, but not limited to, .sports complexes and entertainment venues, either directly and/or forging dynamic public-private partnerships.

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Joint Powers Agreement - Third Amended and Restated Agreement Section 5. First Second Amended and Restated Agreement Superseded - Effective Date
It is intended by the JPA Members that this Agreement shall be amendatory of the First Second Amended and Restated Agreement and shall restate, amend and supersede the First Second Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the JPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the JPA Members’ legislative bodies (“Effective Date”).

The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.

Section 9. Governing Body
(a) The governing body of the JPA shall be known as the JPA Executive Committee 44 5

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Joint Powers Agreement - Third Amended and Restated Agreement and it shall be comprised of: (i) a duly elected or appointed council member of each city JPA Member; and (ii) a member of the Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the JPA Member Contributions, as set forth in this Agreement, shall be entitled to vote.

Section 10. JPA Executive Committee - Powers and Duties The JPA Executive Committee, consistent with this Agreement and all applicable laws, shall exercise all the powers and perform all duties necessary to conduct the business of the JPA, either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following:
(a) Adopt bylaws or rules of procedure to provide for the organization and administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote of the JPA Executive Committee;
(b) Approve and adopt a budget for the JPA prior to the commencement of the JPA’s subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee;
(c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other persons from any other industry deemed appropriate. The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.

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Joint Powers Agreement - Third Amended and Restated Agreement (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and
(f) Create any committees, sub-committees, and advisory committees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.
(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Agreement shall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City of Rancho Mirage in the exercise of similar powers.

A contribution from each of the JPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels 46 7

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Joint Powers Agreement - Third Amended and Restated Agreement (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.

Section 13. Withdrawal
Any Party may withdraw as a JPA Member and the obligations under this Agreement subject to the following conditions:
(a) The withdrawing JPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice of Withdrawal. (b) The effective date of withdrawal shall always be the last day of the VGPS’ s Fiscal Year.
(c) All JPA Member Contributions must be paid in full by the withdrawing JPA Member through the end of the current VGPS Fiscal Year of the year when the withdrawing JPA Member provides its Notice of Withdrawal as well as the following VGPS Fiscal Year. (d) After giving notice of withdrawal, a withdrawing JPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through the effective date of withdrawal.
(e) A withdrawing JPA Member may again become a party to this Agreement on condition that it pays to the treasury of the VGPS an amount equal to all JPA Member Contributions which the withdrawing JPA Member would have been required to pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the VGPS may remain active Partners as long as their respective government entity is a JPA Member and during the period of their JPA Member’s withdrawal from the Joint Powers Agreement. (g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA.

Section 14. Expulsion/Withdrawal
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.

Section 15. Separate Entity
47 8

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Joint Powers Agreement - Third Amended and Restated Agreement Except for termination as provided in Section 6 of this Agreement, pursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one JPA Member except that any JPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.

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Joint Powers Agreement - Third Amended and Restated Agreement (l) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., as well as any other applicable provisions of California law authorizing the formation of assessment, benefit, or financing districts, which authorizes joint powers agencies to establish, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion, destination marketing, economic development, and the financing, development, operation, and maintenance of public and private improvements, facilities, and infrastructure, including sports, entertainment, cultural, and related uses.. Approval of this Agreement by the JPA Members constitutes consent to:
(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the VGPS in connection with formation of the said district (“2013 TMD”); and
(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;
(iii) t h e renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals; (m) The power to form these districts, as discussed in the prior section, Section 16(kl), and incorporated herein by this reference, shall extend to the ability to establish such districts on a regional basis or within defined subareas of the JPA’s territorial boundaries (“Regional Districts”) that include only those JPA Members in those Regional Districts. Those Regional Districts may, or may not, include some or all JPA Members depending on the makeup and reach of the Regional District. For any Regional District that does not include all JPA Members within its boundary, the formation, rate, and management district plan shall be subject to approval by the legislative bodies of only the JPA Members in those Regional Districts and may be approved by a majority vote of those JPA Members’ legislative bodies, within those Regional Districts, consistent with applicable law. Incidental to this power to form these Regional Districts will be the power to plan, finance, develop, construct, acquire, operate, and maintain tourism-related infrastructure and facilities, including but not limited to sports complexes, entertainment venues, and other visitor-serving improvements, either directly or in partnership with public or private entities;
(m)(n) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA; (n)(o) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;
(o)(p) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the Government Code; 49 10

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Joint Powers Agreement - Third Amended and Restated Agreement (p) The power to provide insurance pursuant to section 989 of the Government Code et seq.;
(q) The power to sue and be sued in the name of the JPA; (r) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;
(s) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JPA;
(t) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;
(u) The power to lobby on behalf of tourism and economic development; (v) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the tourism and economic development industry; and
(w) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws.

Section 17. Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.

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Joint Powers Agreement - Third Amended and Restated Agreement Section 19. Treasurer and Auditor - Designations
Pursuant to Government Code section 6505.6, the JPA Executive Committee shall designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately.

Section 21. Independent Audit
Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.

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Joint Powers Agreement - Third Amended and Restated Agreement and make the JPA Executive Committee aware of any discrepancies or potential problems in the reports;
(e) Review investments made by the President or Treasurer; (f) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and (g) Assist staff in the selection of the Certified Public Accounting firm.

Section 25. Severability
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 52 12

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Joint Powers Agreement - Third Amended and Restated Agreement 53 13

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Joint Powers Agreement - Third Amended and Restated Agreement Section 26. Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.

Section 29. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.

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Joint Powers Agreement - Third Amended and Restated Agreement City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attention: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Attention: City Manager
City of Indian Wells
44950 Eldorado Drive
Indian Wells, CA 92210
Attention: City Manager
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Manager
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270
Attention: City Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk
Section 32. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

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Joint Powers Agreement - Third Amended and Restated Agreement 56 15

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Joint Powers Agreement - Third Amended and Restated Agreement IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members have each executed this Agreement.

CITY OF CATHEDRAL CITY
_________________________________
Mark CarnevaleRaymond Gregory, Mayor
Dated: ___________________________
_________________________________
Charlie McClendonAndrew Firestine, City
Manager
ATTEST:
_________________________________
Tracey R. HermosilloChristina Burton, City
Clerk
APPROVED AS TO FORM:
________________________________
Eric S. Vail, City Attorney

CITY OF COACHELLA
_________________________________
Steven HernandezDr. Frank Figueroa, Mayor
Dated: ___________________________
_________________________________
Gabriel MartinGustavo Romo, City Manager
ATTEST:
_________________________________
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:
________________________________
Carlos CamposRyan Guiboa, City Attorney

CITY OF DESERT HOT SPRINGS
_________________________________
Scott Matas, Mayor
Dated: ___________________________
_________________________________
Frank LuckinoDoria Wilms, City Manager
ATTEST:
_________________________________
Jerryl Soriano, CMC, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney

CITY OF INDIAN WELLS
_________________________________
Greg SandersDr. Toper Taylor, Mayor
Dated: ___________________________
_________________________________
Christopher Freeland, City Manager
ATTEST:
_________________________________
Angelica Avila, City Clerk
APPROVED AS TO FORM:
________________________________
Todd Leishman, City Attorney
57 15

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Joint Powers Agreement - Third Amended and Restated Agreement 58 16

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Joint Powers Agreement - Third Amended and Restated Agreement

CITY OF INDIO
_________________________________
Guadalupe Ramos AmithElaine Holmes,
Mayor
Dated: ___________________________
_________________________________
Bryan MontgomeryJonathan Nicks, City
Manager
ATTEST:
_________________________________
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
________________________________
Steven P. Graham, City Attorney

CITY OF PALM DESERT
_________________________________
Karina QuintanillaEvan Trubee, Mayor
Dated: ___________________________
_________________________________
Todd HilemanChris Escobedo, City Manager
ATTEST:
_________________________________
Anthony Mejia, City Clerk
APPROVED AS TO FORM:
________________________________
Isra Shah, City Attorney

CITY OF PALM SPRINGS
_________________________________
Jeffrey BernsteinNaomi Soto, Mayor
Dated: ___________________________
_________________________________
Scott Stiles, City Manager
ATTEST:
_________________________________
Brenda Pree, City Clerk
APPROVED AS TO FORM:
________________________________
Jeffrey Ballinger, City Attorney
59 16

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Joint Powers Agreement - Third Amended and Restated Agreement 60 17

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Joint Powers Agreement - Third Amended and Restated Agreement

CITY OF RANCHO MIRAGE
_________________________________
Steve DownsLynn Mallotto, Mayor
Dated: ___________________________
_________________________________
Isaiah Hagerman, City Manager
ATTEST:
_________________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
________________________________
Steven B, QuintanillaColin Kirkpatrick, City
Attorney

COUNTY OF RIVERSIDE
____________________________________
Chuck WashingtonKaren Spiegel, Chairman
____________________________________
Jeff Van Wagenen, County Executive
ManagerOfficer
ATTEST:
____________________________________
Kimberly A. Rector, Clerk of the Board
APPROVED AS TO FORM:
____________________________________
Minh Tran, County Counsel
61 17

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Joint Powers Agreement - Third Amended and Restated Agreement 62 18

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Joint Powers Agreement - Third Amended and Restated Agreement

EXHIBIT A

TERRITORIAL BOUNDARIES
63 1

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TABLE OF CONTENTS
RECITALS........................................................................................................................... 1 AGREEMENT..................................................................................................................... 2 Section 1 Definitions ....................................................................................... 2 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name................................................................................................ 3 Section 5 Second Amended and Restated Agreement Superseded ................ 4 Section 6 Termination...................................................................................... 4 Section 7 JPA Members.................................................................................. 4 Section 8 Additional Members........................................................................ 4 Section 9 Governing Body............................................................................... 5 Section 10 JPA Executive Committee – Powers and Duties............................. 5 Section 11 Territorial Boundaries...................................................................... 6 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 7 Section 14 Expulsion......................................................................................... 8 Section 15 Separate Entity................................................................................. 8 Section 16 Powers of the JPA............................................................................ 8 Section 17 Power to Invest .............................................................................. 11 Section 18 Bonding ......................................................................................... 11 Section 19 Treasurer and Auditor – Designations........................................... 11 Section 20 Treasurer – Duties and Responsibilities......................................... 11 65 ii
Section 21 Independent Audit ......................................................................... 12 Section 22 Auditor’s Duties ............................................................................ 12 Section 23 Attorney’s Fees.............................................................................. 12 Section 24 Voting............................................................................................ 12 Section 25 Severability .................................................................................... 12 Section 26 Waiver ........................................................................................... 13 Section 27 Amendments.................................................................................. 13 Section 28 Ambiguities or Uncertainties......................................................... 13 Section 29 Applicable Law.............................................................................. 13 Section 30 Venue............................................................................................. 13 Section 31 Notices........................................................................................... 13 Section 32 Counterparts................................................................................... 14 Section 33 Privileges and Immunities ............................................................. 14

EXHIBIT A
Territorial Boundaries.......................................................................................................... 18 66 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 1 This Third Amended and Restated Joint Powers Agreement (this “Agreement”) is entered into by and between the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code. The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”). The parties to this Agreement are individually referred to herein as “JPA Member” and collectively as “JPA Members.”

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, and intending to be legally bound hereby, the JPA Members hereby covenant and agree as follows:
67 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 2 AGREEMENT
Section 1. Definitions
The following words, terms and phrases shall have the following meanings:
“Additional JPA Members” shall mean qualified municipalities that may be added as members of JPA as described in Section 8.
“Board of Directors” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.
“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.
“JPA” shall mean the Joint Powers Authority and may also be referred to herein as VGPS.
“JPA Executive Committee” shall mean the JPA’s governing body formed for the purposes and having the powers and duties set forth in Section 10. “JPA Member” shall mean a municipality that is party to this Agreement. “JPA Members” shall mean, collectively, the municipalities that have entered into this Agreement.
“JPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.
“Lodging Establishments” shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, public or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.
“Partner” shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes ofthis Agreement. “President and Chief Executive Officer” shall mean the individual employed by VGPS, who is responsible for professionally supervising, managing, and administering VGPS’s dayto day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement. 68 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 3 “TBID” shall mean Tourism Business Improvement District assessment. “Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of VGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.
“Treasurer” shall mean the individual appointed by VGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.
“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.

Section 4. Name
The name of the JPA shall be “Visit Greater Palm Springs” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote of the entire JPA Executive Committee.
69 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 4 Section 5. Second Amended and Restated Agreement Superseded - Effective Date
It is intended by the JPA Members that this Agreement shall be amendatory of the Second Amended and Restated Agreement and shall restate, amend and supersede the Second Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the JPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the JPA Members’ legislative bodies (“Effective Date”).

The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.

Section 8. Additional Members
Additional JPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as JPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.
70 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 5 Section 9. Governing Body
(a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: (i) a duly elected or appointed council member of each city JPA Member; and (ii) a member ofthe Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the JPA Member Contributions, as set forth in this Agreement, shall be entitled to vote.

Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee. (d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member 71 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 6 employed by each JPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on; (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and
(f) Create any committees, sub-committees, and advisory committees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.
(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Agreementshall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City ofRancho Mirage in the exercise ofsimilar powers.

The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA.
(b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote ofthe JPA Members’ legislative bodies. JPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS. 72 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 7 A contribution from each ofthe JPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.

Section 13. Withdrawal
Any Party may withdraw as a JPA Member and the obligations under this Agreement subject to the following conditions:
(a) The withdrawing JPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice ofWithdrawal. (b) The effective date of withdrawal shall always be the last day of the VGPS’s Fiscal Year.
(c) All JPA Member Contributions must be paid in full by the withdrawing JPA Member through the end of the current VGPS Fiscal Year of the year when the withdrawing JPA Member provides its Notice ofWithdrawal as well as the following VGPS Fiscal Year. (d) After giving notice of withdrawal, a withdrawing JPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through the effective date of withdrawal.
(e) A withdrawing JPA Member may again become a party to this Agreement on condition that it pays to the treasury of the VGPS an amount equal to all JPA Member Contributions which the withdrawing JPA Member would have been required to pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the VGPS may remain active Partners as long as their respective government entity is a JPA Member and during the period of their JPA Member’s withdrawal from the Joint Powers Agreement. (g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA. 73 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 8 Section 14. Expulsion
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.

Section 16. Powers of the JPA
Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:
(a) The power to make, enter into and perform all necessary contracts; (b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties; (c) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services; (d) The power to acquire, construct, manage, maintain or operate any building, works or improvements;
(e) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;
(f) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA; (g) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA; (h) The power to donate any surplus real or personal property to any public agency or nonprofit organization;
74 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 9 (i) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; (j) The power to raise revenue for any public purpose consistent with the JPA’s purposes, as set forth in this Agreement, through any legal and appropriate means including assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., and any other applicable provisions of California law authorizing the formation of assessment, benefit, or financing districts as referenced in Section 16(l); (k) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., as well as any other applicable provisions of California law authorizing the formation of assessment, benefit, or financing districts, which authorizes joint powers agencies to establish, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion, destination marketing, economic development, and the financing, development, operation, and maintenance of public and private improvements, facilities, and infrastructure, including sports, entertainment, meeting, cultural, and related uses. Approval of this Agreement by the JPA Members constitutes consent to:
(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the VGPS in connection with formation of the said district (“2013 TMD”); and
(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;
(iii) the renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals; (l) The power to form these districts, as discussed in the prior section, Section 16(l), and incorporated herein by this reference, shall extend to the ability to establish such districts on a regional basis or within defined subareas of the JPA’s territorial boundaries (“Regional Districts”) that include only those JPA Members in those Regional Districts. Those Regional Districts may, or may not, include all JPA Members depending on the makeup and reach of the Regional District. For any Regional District that does not include all JPA Members within its boundary, the formation, rate, and management district plan shall be subject to approval by the legislative bodies of only the JPA Members in those Regional Districts and may be approved by a majority vote of those JPA Members’ legislative bodies, within those Regional Districts, consistent with applicable law. Incidental to this power to form these Regional Districts will be the power to plan, finance, develop, construct, acquire, operate, and maintain tourism-related 75 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 10 infrastructure and facilities, including but not limited to sports complexes, entertainment venues, meeting facilities, and other visitor-serving improvements, either directly or in partnership with public or private entities;
(m) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA; (n) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;
(o) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the Government Code; (p) The power to provide insurance pursuant to section 989 of the Government Code et seq.;
(q) The power to sue and be sued in the name of the JPA; (r) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;
(s) The power to travel domestically and internationally that is necessary or proper in carrying out the purposes and intent of the JPA;
(t) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;
(u) The power to lobby on behalf of tourism and economic development; (v) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the tourism and economic development industry; and
(w) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws. 76 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 11 Section 17. Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.

Section 20. Treasurer - Duties and Responsibilities
Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:
(a) Receive and receipt (account) for all money of the JPA and place it in the treasury of the Treasurer so designated to the credit of the JPA; (b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; (c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;
(d) Pay any other sums due from the JPA from JPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and
(e) Verify and report in writing no less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties financial statement of activities for the year.
77 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 12 Section 21. Independent Audit
Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.

Section 25. Severability
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this 78 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 13 Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

Section 26. Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.

Section 29. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 31. Notices
Any notice or communication required hereunder between the JPA and the JPA Members shall be in writing and may be given either personally or by registered mail, returnreceipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
79 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 14 City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attention: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Attention: City Manager
City of Indian Wells
44950 Eldorado Drive
Indian Wells, CA 92210
Attention: City Manager
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Manager
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270
Attention: City Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk
Section 32. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 33. Privileges and Immunities
Pursuant to section 6513 of the Government Code, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGES]
80 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 15 IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members have each executed this Agreement.

CITY OF INDIAN WELLS
_________________________________
Dr. Toper Taylor, Mayor
Dated: ___________________________
_________________________________
Christopher Freeland, City Manager
ATTEST:
_________________________________
Angelica Avila, City Clerk
APPROVED AS TO FORM:
________________________________
Todd Leishman, City Attorney
81 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 16 CITY OF INDIO
_________________________________
Elaine Holmes, Mayor
Dated: ___________________________
_________________________________
Jonathan Nicks, City Manager
ATTEST:
_________________________________
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
________________________________
Steven P. Graham, City Attorney

CITY OF PALM SPRINGS
_________________________________
Naomi Soto, Mayor
Dated: ___________________________
_________________________________
Scott Stiles, City Manager
ATTEST:
_________________________________
Brenda Pree, City Clerk
APPROVED AS TO FORM:
________________________________
Jeffrey Ballinger, City Attorney
82 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 17 CITY OF RANCHO MIRAGE
_________________________________
Lynn Mallotto, Mayor
Dated: ___________________________
_________________________________
Isaiah Hagerman, City Manager
ATTEST:
_________________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
________________________________
Colin D. Kirkpatrick, City Attorney

COUNTY OF RIVERSIDE
____________________________________
Karen Spiegel, Chairman
____________________________________
Jeff Van Wagenen, County Executive
Manager
ATTEST:
____________________________________
Kimberly A. Rector, Clerk of the Board
APPROVED AS TO FORM:
____________________________________
Minh Tran, County Counsel
83 VISIT GREATER PALM SPRINGS
Joint Powers Agreement - Third Amended and Restated Agreement 18 EXHIBIT A

TERRITORIAL BOUNDARIES
84 85
Staff Report
City Council
Item No. 2.B
Meeting
Date:

October 14, 2026
From: Kevin Biersack, Financial Services Director
Title: CalPERS Update
RECOMMENDATION:

To receive a CalPERS Update and Overview, with no formal action required.

BACKGROUND:

The City of Cathedral City’s California Public Employees Retirement System (CalPERS) retirement plans have historically been comprised of eight (8) separate plans, including three (3) Fire plans, two (2) Police plans, and three (3) Miscellaneous plans covering Tier 1 (Classic), Tier 2 (45-day transition in 2012), and Tier 3 Public Employees’ Pension Reform Act (PEPRA, 2013 forward).

As a result of CalPERS consolidating rate plans in August 2024, the City of Cathedral City’s plans were consolidated into three plans comprised of one each for Fire, Police and Miscellaneous. Over the past several years, the City has taken steps to reduce its unfunded actuarial liability (UAL), including the issuance of a $26,750,000 Pension Obligation Bond in April 2022 to address the City’s previous liability along with continued annual payments to reduce the UAL for each of these three member groups.

DISCUSSION:

The improvement in the funded status of the City’s CalPERS plans is the result of several factors, including not only the Pension Obligation Bond, the City’s continued annual UAL payments, but also favorable CalPERS investment returns in four (4) of the past eight (8) fiscal years. To be considered a favorable investment return, CalPERS actuaries now plan for a minimum 6.8% return. When the annual return is above 6.8%, it is considered a favorable year. The table below identifies the investment returns from 2018 through 2025. 1 2
Year CalPERS Rate of Return
2024-2025 11.6%
2023-2024 9.3%
2022-2023 5.8%
2021-2022 -6.1%
2020-2021 21.3%
2019-2020 4.7%
2018-2019 6.7%
2017-2018 8.6%
The combination of these efforts have significantly reduced the City’s outstanding pension liability and improved the funded status for our three (3) respective CalPERS rate plans. For the fiscal year ended June 30, 2025, CalPERS average funded status was 79%. For the City of Cathedral City, the Fire, Police, and Miscellaneous plans are each funded at 95%+. The funding ratios for the City’s three plans shows the increased funding ratio from 2018 through 2025.

Valuation Date
Funded
Ratio
Police
Funded
Ratio
Fire
Funded
Ratio
Misc
6/30/2025 95.2% 95.4% 95.5%
6/30/2024 91.0% 91.2% 91.2%
6/30/2023 89.6% 89.9% 90.1%
6/30/2022 88.5% 88.4% 88.6%
6/30/2021 87.9% 90.6% 89.0%
6/30/2020 76.9% 78.9% 77.6%
6/30/2019 78.0% 79.4% 78.4%
6/30/2018 77.6% 78.9% 78.3%
3 As a result, the City is in a significantly stronger financial position with respect to its CalPERS obligations. With the Pension Obligation Bond, continued annual UAL payments, and favorable investment performance the City's pension funded position has increased and the City’s overall unfunded liability has decreased.

In addition to the improved funded status of the plans, the composition of the City’s CalPERS membership has also continued to shift to PEPRA (Tier 3) members. As of June 30, 2025, the City had 147 active PEPRA members (72% of active employees); whereas, the City had 58 active PEPRA members (34% of active employees) as of June 30, 2018:

Active PEPRA
Police Members
Active PEPRA
Fire Members
Active PEPRA
Miscellaneous
Members Valuation Date
6/30/2025 26 34 87
6/30/2024 22 28 79
6/30/2023 24 25 69
6/30/2022 19 19 53
6/30/2021 15 17 39
6/30/2020 16 19 37
6/30/2019 16 18 33
6/30/2018 14 13 31
The composition of the City’s CalPERS membership has also continued to shift away from Classic (Tier 1) members. As of June 30, 2025, the City had 58 active Classic members (28% of active employees); whereas, the City had 111 active Classic members as of June 30, 2018 (66% of active employees).
4 Active Classic
Police Members
Active Classic
Fire Members
Active Classic
Miscellaneous
Members Valuation Date
6/30/2025 25 10 23
6/30/2024 26 12 27
6/30/2023 28 13 35
6/30/2022 30 18 40
6/30/2021 32 19 40
6/30/2020 31 21 44
6/30/2019 34 22 48
6/30/2018 35 22 54
This continued transition toward active PEPRA members, along with the declining number of active Classic members, contributes to a more favorable long-term financial pension outlook. If the City continues at the pace/budget in funding the UAL payments and CalPERS is able to achieve the forecasted minimum 6.8% investment return, these three pension plans will be funded at 100%, which will result in no outstanding PERS liability.

FISCAL IMPACT:

None. This report is for informational and discussion purposes.

FIVE-YEAR STRATEGIC PLAN:

Goal C: Fiscal Stability and Sustainability
Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high-quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices. 5 Staff Report
City Council
Item No. 2.C
Meeting Date: October 14, 2026
From: Ryan Hunt, Director of Communications & Engagement Title: Fall 2026 Special Events Preview
RECOMMENDATION:

To receive a presentation only, with no formal action required.

BACKGROUND:

The Fall 2026 special events season represents Cathedral City's continued commitment to providing high-quality community programming that celebrates our diverse culture, supports local economic activity, and enhances quality of life for residents and visitors. This annual preview provides the City Council with an overview of upcoming events and their alignment with City goals.

The fall season traditionally marks one of Cathedral City's most active periods for special events. All events follow the City's special event safety procedures, developed collaboratively with the Police Department, Fire Department, Public Works, other City divisions, and third-party event organizers, including safety logistics meetings approximately 30 days prior to each event and pre-event walkthroughs.

DISCUSSION:

The fall 2026 season runs from Halloween weekend through the holidays, anchored by the 12th Annual Cathedral City International Hot Air Balloon Festival and featuring community favorites like the Halloween Spooktacular, Tastes & Sounds, SnowFest, and more. • Halloween weekend. The Howl-O-Ween Dog Costume Contest, sponsored by the Parks & Community Events Commission (PACE) with support from Grocery Outlet, returns Saturday, Oct. 24, from 9 to 11 a.m. at Panorama Park. The 10th Annual Halloween Spooktacular follows Sunday, Oct. 25, from noon to 3 p.m. at the Civic Center Plaza. Spooktacular serves as the City's version of National Night Out, pairing trick-or-treating with Police and Fire demonstrations.
• Palm Springs Pride. The City's float returns to the 40th annual Palm Springs Pride 1 Parade on Sunday, Nov. 8, with the City Council riding along. The entry will promote Cathedral City Pride and the Hot Air Balloon Festival two weeks ahead of the event. • Tastes & Sounds fall series. The fall edition returns to the Community Amphitheater with Pulp Vixen on Tuesday, Nov. 3, presented with Cathedral City Pride, and Shades of Billy on Tuesday, Nov. 17, as the Balloon Festival kickoff. Tastes & Sounds will move from its usual Tuesday night to Saturday, Nov. 7, merging with the Cathedral City Evening Rotary Club's Fields of Valor, a Veterans Day celebration with live music and a flag display on the Festival Lawn. This follows a similar model as last spring's inaugural Festival of the Arts, where Tastes & Sounds provided the music for the Public Arts Commission's Saturday event.
• Hot Air Balloon Festival. The 12th Annual Cathedral City International Hot Air Balloon Festival runs Friday, Nov. 20, through Sunday, Nov. 22, at the Festival Lawn and Community Amphitheater, The Westin Rancho Mirage, and Agua Caliente Rancho Mirage. Multi-platinum artist Robin Thicke headlines Saturday, Nov. 21, following last year's weather postponement. Agua Caliente Casinos returns as presenting sponsor for a sixth consecutive year, and SoundSkilz Entertainment produces the festival, which features balloon launches, tether rides, the nighttime balloon glow, and live entertainment.
• Holiday season. The season closes in December with the PACE-sponsored Feliz Navidog holiday dog costume contest at Esperanza Dog Park and SnowFest in front of City Hall, featuring real snow, train rides, photos with Santa, and the Mayor's tree lighting ceremony.

FISCAL IMPACT:

There is no fiscal impact associated with this informational report. Fall event budgets were approved by the City Council through the FY 2026-27 budget process as part of the Communications & Events budget.

FIVE-YEAR STRATEGIC PLAN:

Action F-3: Promote additional community events and celebrations.

ATTACHMENTS:

None.
2 Staff Report
City Council
Item No. 3.A
Meeting Date: October 14, 2026
From: Eric Vail, City Attorney
Title: Conference with Legal Counsel- Existing litigation Pursuant to Government Code Section 54956.9(d)(1) Number of Matters: Two (2)

1. Zenergy v. City of Cathedral City, et al. RSC Case No.

CVPS2406355

2. Regional Water Quality Control Board, Colorado River Basin Region. Technical Reporting Order No. R7-2025-0020-01
1 Staff Report
City Council
Item No. 3.B
Meeting Date: October 14, 2026
From: Eric Vail, City Attorney
Title: Public Employee Performance Evaluation Pursuant to Government Code Section 54957(b)
One (1) Position
Title: City Attorney
1 CITY COUNCIL

MINUTES
Special Study Session Meeting 3:00 PM
Special City Council Meeting 5:30 PM
Wednesday, September 16, 2026
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

CALL TO ORDER
Mayor Gregory called the meeting to order at 3:00 p.m.

ROLL CALL
Council Present:

Raymond Gregory, Mayor
Ernesto Gutierrez, Mayor Pro Tem
Rita Lamb, Councilmember
Nancy Ross, Councilmember
Christina Gordon, Councilmember

AGENDA FINALIZATION
Item 2B was moved to the Regular Meeting under Legislative Actions as item 4D.

1. PUBLIC COMMENTS
Written Comments:

Danielle Soto provided comments related to the Commercial Electric Lawn and Garden Rebate and Demo event.

2. STUDY SESSION
A. Automated License Plate Recognition (ALPR) Program – Public Safety, Privacy, Accountability, and Transparency
Recommendation: Receive and file a presentation from the Cathedral City Police Department regarding the Department's
Automated License Plate Recognition (ALPR) program,
including its public-safety applications, privacy
protections, access controls, auditing requirements,
data-sharing practices, and accountability measures.

Rick Sanchez, Police Chief, provided the presentation. The following points were presented: 1
• What does Information Does ALPR Collect?
• ALPR: Turning Vehicle Information into Investigative Leads • ALPR: What ALPR Does and Does Not
• Who Can Access our ALPR Data?
• Access in Earned Not Granted
• Accountability Through Auditing
• Why Accountability Matters
• How ALPR Supports Criminal Investigations
• Investigative Case Examples
• ALPR in Action
The City Council asked clarifying questions, which were responded to by staff, Flock representatives, and legal.

Public Comments:

Hector Valenzuela expressed concern related to flock cameras.

Yasmine Espinoza expressed concern related to flock cameras.

Gary Paulsen discussed the future implications of this technology.

Dave Obrien would like a citizen oversight commission to be created.

Andrew Negus expressed concern related to flock cameras.

Written Comments:

Sofia A. expressed opposition to flock cameras.

Zoom Comments:

Colby Gregory expressed the need to continue monitoring the ALPR program.

This item was a presentation only, and there was no formal action taken by the City Council.

3. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)
Number of Matters: Eight (8)

1. Robert Williams v. Cathedral City, et al.; Riverside County Superior Court Case No. CVPS2504349

2. Craig Sanborn v. Cathedral City, et al.; Riverside County Superior Court Case No. CVPS2504814

3. Ronda Guillaume v. Cathedral City, et al.; Riverside County Superior Court Case No. CVPS2507057

4. Christopher Jackson v. Cathedral City, et al.; Riverside County Superior 2 Court Case No. CVPS2503670

5. Corwin De Veas v. Cathedral City; California Court of Appeal Case No.

E088891; Riverside County Superior Court Case No. CVPS2500481

6. City of Cathedral City v. Corwin De Veas; California Court of Appeal Case No. E088502; Riverside County Superior Court Case No.

CVPS2600008

7. Anthony Janosz v. Cathedral City, et al.; Riverside County Superior Court Case No. CVPS2604510

8. Irene Gorosave v. Cathedral City, et al.; Riverside County Superior Court Case No. CVPS2406366
Mayor Pro Tem Gutierrez recused himself from the discussion of matters 5 and

6. City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the items listed on the Agenda.

The City Council recess to Closed Session at 5:01 p.m.

The City Council reconvened at 5:21 p.m.

City Attorney reported that direction was provided on matter 8 and there was no other reportable action.

Mayor Gregory adjourned the Study Session meeting at 5:22 p.m.

RECESS
REGULAR MEETING – 5:30 PM

CALL TO ORDER
The meeting was called to order by Mayor Gregory at 5:30 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Lamb.

INVOCATION (MOMENT OF REFLECTION)
Councilmember Gordon offered the Invocation.

ROLL CALL
Council Present:

Raymond Gregory, Mayor
Ernesto Gutierrez, Mayor Pro Tem
Rita Lamb, Councilmember
Nancy Ross, Councilmember
Christina Gordon, Councilmember
3 AGENDA FINALIZATION
Study Session item 2B was moved to the Regular meeting under Legislative Actions as item 4D.

SPECIAL PRESENTATION- Proclamation in Recognition of Hispanic Heritage Month The City Council received a special presentation in recognition of Hispanic Heritage Month.

1. PUBLIC COMMENTS
Public Comments:

Gary Paulsen expressed concern with the conditions of streets.

Rick Saldivar provided comments related to Cathedral City’s Mayor rotation process.

Pedro Padilla discussed immigration issues.

Raymond Lafleur discussed comments made by a public speaker at a pervious City Council meeting.

Sunshine Herrera discussed her pervious requests about public money and transparency.

Alan Carvalho discussed the diverse community, individuals singling out one event, and campaign sign.

Rudy Morales discussed the Hispanic Chamber of Commerce and urge City Council to work with the business community.

Julian Ruiz discussed Sunshine Herrera comments raised regarding the LGBT Days event and feel the City should respond.

Written Comments:

David Koslow requests removal of Ernesto Gutierrez.

Terry Applegate expressed concern related to Ernesto Gutierrez’ campaign signs.

2. COUNCIL REPORTS
Councilmember Gordon reported on the following:
• Her participation in jury duty
• Her attendance at the Street Sign Topper event for Sarah Di Grandi • Her attendance at the All Valley Mayors, County and Tribal Chairpersons Luncheon • Her attendance at the Fire EMS 9/11 Memorial
• Her attendance at the Esperanza Rising event at Esperanza Park • Her attendance at the Meet and Greet at Caliente Sands Community • The upcoming Dinner with Patsi
4 Councilmember Ross reported on the following:
• Her participation in the North American Trade Association meeting. • Her work with the Animal Campus
• Her attendance at a campaign kickoff
• Her meeting with a group concerned about C4
• Her meeting with constituents and staff at Ocotillo Park for the Septic-to-Sewer Project Community Meeting
• Her attendance at the “Do The Right Thing” ceremony
• Her attendance at the CVAG Energy and Sustainability Committee meeting • Her attendance at the Fire EMS 9/11 Memorial
• Her attendance at the Southern California Edison Advisory Panel meeting • The upcoming California League of Cities Annual Conference Councilmember Lamb reported on the following:
• Her participation in the Public Safety Commission meeting • Her attendance at the Septic-to-Sewer Project Community Meeting • Her attendance at the Fire EMS 9/11 Memorial Ceremony • Her attendance at the All Valley Mayors, County and Tribal Chairpersons Luncheon
• Her attendance at a Fall Prevention Workshop at the Senior Center • Her various telephone conversations with constituents • Her meeting with Parks and Community Events Commissioner Erick Castillo Councilmember Gutierrez reported on the following:
• Expressed his support for the LGBTQ Community
Mayor Gregory reported on the following:
• His attendance at the Street Sign Topper event for Sarah Di Grandi • His attendance at the Coachella Valley Association of Governments Transportation Commission’s Budget and Implementation Committee
• His attendance at the new Police Chief swearing in ceremony • His attendance at the Riverside County Transportation Committee meeting • His attendance at the 9/11 EMS Memorial Ceremony
• Her attendance the All Valley Mayors, County and Tribal Chairpersons Luncheon • Her attendance at the Esperanza Rising event at Esperanza Park • The upcoming International Day of Peace Event
• The upcoming California League of Cities Conference

3. CONSENT AGENDA
A. Waive Full Reading of Ordinances on Agenda
Recommendation: Waive Full Reading of Ordinances on Agenda M.O. 2026-148
5 B. Approval of the August 26, 2026 Study Session and Regular Meeting Minutes.

Recommendation: To approve the Study Session and Regular Meeting Minutes of August 26, 2026.

M.O. 2026-149
C. Commissioner/Committee Member Attendance Record
Recommendation: Receive and File
M.O. 2026-150
D. Check Demand – August 2026
Recommendation: Receive and File
M.O. 2026-151
E. 2026 Conflict of Interest Code Biennial Notice Pursuant to the Political Reform Act
Recommendation: It is recommended that the City Council:

1. Receive and file the 2026 Local Agency Biennial
Notice; and

2. Direct staff to process the necessary amendments to
the City’s Conflict of Interest Code and return to the
City Council for consideration and adoption of the
amendments prior to December 31, 2026.

M.O. 2026-152
F. CFD 2006-1, IA #23 (Forest Lawn) Authorizing the Levy of a Special Tax (2nd Reading)
Recommendation: Conduct Second Reading and adopt the Ordinance authorizing the levy of a special tax within Improvement Area No. 23 (Forest Lawn) of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire,
Paramedic, Park and General Maintenance Services).

Ord 902
G. FY 2025-2026 Community Development Block Grant (CDBG) Consolidated Annual Performance Evaluation Report (CAPER)
Recommendation: To approve the city’s Community Development Block Grant (CDBG) Fiscal Year (FY) 2025-2026 Consolidated Annual
Performance Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).

M.O. 2026-153
6 H. Ratification of Mayor Gregory’s Appointment of Tyler Rinehart to the Architectural Review Committee – Landscape Architect Seat Recommendation: Staff recommends that the City Council ratify Mayor Gregory’s nomination of Tyler Rinehart to fill the Architectural Review Committee seat designated for a Landscape
Architect, pursuant to Cathedral City Municipal Code Section

2.30.010(B), for the unexpired term ending June 30, 2029.

M.O. 2026-154
I. 2026–2027 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant PT27027
Recommendation: Accept the California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant PT27027 in the amount of $50,000 for the grant period October 1, 2026
through September 30, 2027 and authorize the Chief of
Police to execute the grant agreement on behalf of the City.

M.O. 2026-155
A motion was made by Councilmember Gutierrez and seconded by Councilmember Lamb to approve the Consent Agenda.

RESULT: PASS
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Rita Lamb, Councilmember
AYES: Ross, Gregory, Gutierrez, Lamb, Gordon
City Clerk Burton read the title of the Ordinance.

4. LEGISLATIVE ACTIONS
A. Cathedral City Pride Event Name Change, 2027 Date Change, and Contract Amendment
Recommendation: Staff recommends that City Council:

1. Approve the renaming of Cathedral City LGBT+ Days
to Cathedral City Pride, effective with the 2027 event;

2. Approve the change of the 2027 event dates from
March 5–7, 2027 to March 12–14, 2027; and

3. Authorize the City Manager to execute an amendment
to the existing Event Services Agreement with
Montage Agency LLC reflecting the event name and
date changes.

Ryan Hunt, Director of Communications and Engagement, and Michael Westman, Montage, provided the presentation.

The City Council asked clarifying questions, which were responded to by Mr.

Hunt and Mr. Westman. 7
Public Comments:

Danny Lee expressed support.

Art Gregoire expressed support.

David Powell, Desert Business Association, expressed support.

John Aguilar expressed support.

Terry Leffgoff expressed support.

Rick Paul discussed the LGBTQ community and PRIDE.

Charlie McClendon expressed support.

Brian OConnor expressed support.

Alan Carvalho discussed the history of the event.

Danielle Mead expressed support.

Stephen Golden expressed support.

Mel England expressed support.

Written Comments:

Donald Steele expressed support.

Andrew Allan expressed support.

Jason Nutile expressed support.

Andrew Wancowicz support.

DAP Health expressed support.

Randall Krogstad expressed support.

Steven Caristo expressed support.

Steven Byrket expressed support.

Todd Hunter expressed support.

Charles Konopinski expressed support.

Patrick James Magee expressed support.

Terry Applegate and Jeanne Scott expressed support.

David Gray expressed support. 8
Eri Nox expressed support and discussed the backlash towards Ms. Herrera.

Zoom Comments:

Colby Gregory expressed support.

Christopher Parman expressed support.

M.O. 2026-156
A motion was made by Councilmember Gordon and seconded
by Councilmember Lamb to:

1. Approve the renaming of Cathedral City LGBT+ Days to Cathedral City Pride, effective with the 2027 event;

2. Approve the change of the 2027 event dates from March 5–7, 2027 to March 12–14, 2027; and

3. Authorize the City Manager to execute an amendment to the existing Event Services Agreement with Montage Agency LLC reflecting the event name and date changes.

RESULT: PASS
MOVER: Christina Gordon, Councilmember
SECONDER: Rita Lamb, Councilmember
AYES: Ross, Gregory, Gutierrez, Lamb, Gordon
Recess 7:56 p.m.

Reconvened at 8:12 p.m.

B. Construction Contract Award to Elecnor Belco Electric, Inc. for the Cathedral Canyon Drive and Canyon Shores Drive Traffic Signal Project
Recommen
dation:

To award a construction contract to Elecnor Belco Electric, Inc. in the amount of $367,614.00 for the Cathedral Canyon Drive and Canyon Shores Drive Traffic Signal Project
(C06517); and, approve a twenty percent (20%) contingency in the amount of $73,522.80 for unforeseeable construction costs, thereby bringing the total construction budget to the amount of $441,136.80; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

M.O. 2026-157
Andres Perez, Assistant Engineer, provided the presentation.

Council asked clarifying questions, which were responded to by staff.

Written Comments:

Bob Jaworski expressed concern with the proposed project.

Michelle and John Giacopuzzi expressed concern with the proposed project. 9 A motion was made by Councilmember Lamb and seconded
by Councilmember Gutierrez to award a construction contract to Elecnor Belco Electric, Inc. in the amount of $367,614.00 for the Cathedral Canyon Drive and Canyon Shores Drive Traffic Signal Project (C06517); and, approve a twenty percent (20%) contingency in the amount of $73,522.80 for unforeseeable construction costs, thereby bringing the total construction budget to the amount of $441,136.80; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

RESULT: PASS
MOVER: Rita Lamb, Councilmember
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Ross, Gregory, Gutierrez, Lamb, Gordon
C. Contract with Petrochem Materials Innovation, LLC for Fiscal Year 2026-2027 Rubberized Emulsion Aggregate Slurry Projects Recommen
dation:

To approve a contract with Petrochem Materials Innovation, LLC. (PMI) for $589,571.00 to supply and apply Rubberized Emulsion Aggregate Slurry (REAS) on the Dream Homes Area (C02701), Assessment District (AD) 88-2 Area (C02702), and Cove Lane and Grove Street (C02703), including traffic control and striping replacement; and, approve a fifteen percent (15%) contingency in the amount of $88,435.65 for unforeseeable construction costs, making the total encumbrance
$678,006.65; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

Provided the presentation.

M.O. 2026-158
A motion was made by Councilmember Lamb and seconded by Councilmember Gutierrez to approve a contract with Petrochem Materials Innovation, LLC. (PMI) for $589,571.00 to supply and apply Rubberized Emulsion Aggregate Slurry (REAS) on the Dream Homes Area (C02701), Assessment District (AD) 88-2 Area (C02702), and Cove Lane and Grove Street (C02703), including traffic control and striping replacement; and, approve a fifteen percent (15%) contingency in the amount of $88,435.65 for unforeseeable construction costs, making the total encumbrance $678,006.65; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request bonds and insurance for the project, and issue the notice to proceed.

RESULT: PASS
MOVER: Rita Lamb, Councilmember
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Ross, Gregory, Gutierrez, Lamb, Gordon 10
D. FY 2026-2027 Capital Improvement Program Update
Recommen
dation:

To receive a presentation providing an update on the Fiscal Year (FY) 2026-27 Capital Improvement Program (CIP),
including the status of ongoing projects and projects
anticipated to be completed during the current fiscal year.

Armando Baldizzone, City Engineer, provided the presentation.

The City Council asked clarifying questions, which were responded to by staff.

This item was a presentation only, and there was no formal action taken by the City Council.

E. HSIP Cycle 13 Grant Application Preparation
Recommendation: To authorize the City Engineer to execute a task order with Albert A. Webb Associates (Webb), in the not-to-exceed
amount of $64,901, to provide engineering assistance,
supporting traffic engineering evaluations, and prepare up to four (4) grant applications for the Highway Safety
Improvement Program (HSIP) Cycle 13 Call for Projects; and authorize the City Engineer to submit the completed HSIP Cycle 13 grant application packages to the California
Department of Transportation (Caltrans).

M.O. 2026-159
A motion was made by Councilmember Lamb and seconded
by Councilmember Gordon to authorize the City Engineer to execute a task order with Albert A. Webb Associates (Webb), in the not-to-exceed amount of $64,901, to provide engineering assistance, supporting traffic engineering evaluations, and prepare up to four (4) grant applications for the Highway Safety Improvement Program (HSIP) Cycle 13 Call for Projects; and authorize the City Engineer to submit the completed HSIP Cycle 13 grant application packages to the California Department of Transportation (Caltrans).

RESULT: PASS
MOVER: Rita Lamb, Councilmember
SECONDER: Christina Gordon, Councilmember
AYES: Ross, Gregory, Gutierrez, Lamb, Gordon

5. CLOSED SESSION
The closed session items were completed during the Study Session portion of the meeting.

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

ADJOURNMENT
Mayor Gregory adjourned the Regular Meeting at 8:38 p.m. 11 Mayor, City of Cathedral City City Clerk, City of Cathedral City 12  
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NAME 7/15 8/19
Roy MacPhail
Danny Lee
Danielle Mead
Colby Gregory
John Rivera
NAME 7/14 8/11
Kara Robinson
Gregory Marks
Don Stouder
Denise Anderson-Minshall
Craig Liebelt
NAME 9/1 10/3
Ashley McGallum
Erin Hyland
Erik Castillo
Mario Jimenez
Antonio Baciu
NAME 6/16
Craig Bugbee
Eri Nox
Luis Rubalcava
John Rivera
Vacant
NAME 8/5 9/2
Tanner Hoss
Dean Keefer
Stephen Burchard
Tyler Rinehart
Vacant

NAME TBD TBD
Antonio Baciu
Teri Hargreaves
Danny Lee
Vacant
Vacant
% Attended
100%
100%
100%
100%
100%
% Attended
100%
Excused Absence
0% Unexcused Absence

FINANCE ADVISORY COMMITTEE
% Attended
0%
0%
0%
0%
NOTES:

Canceled meetings not shown
Special Meeting
Inactive

ARCHITECTURAL REVIEW COMMITTEE
% Attended
100%
100%
100%
COMMISSION/COMMITTEE ATTENDANCE LOG FY 2026/2027

PLANNING COMMISSION

PUBLIC ARTS COMMISSION
% Attended
100%
100%
100%
100%
100%

PARKS AND COMMUNITY EVENTS COMMISSION
% Attended
50%
100%
100%
100%
100%

HISTORIC PRESERVATION
100%
100%
100%
1 Staff Report
City Council
Item No. 3.D
Meeting Date: October 14, 2026
From: Christina Burton, City Clerk
Title: Approval of the Third Amended and Restated Joint Powers Agreement for Visit Greater Palm Springs (VGPS)
RECOMMENDATION:

Staff recommends that the City Council approve the Third Amended and Restated Joint Powers Agreement for Visit Greater Palm Springs (VGPS) and authorize the appropriate City officials to execute the agreement on behalf of the City.