CITY COUNCIL
AGENDA
Study Session
Wednesday, February 23, 2022
3:00 PM
PURSUANT TO AB 361 AND CATHEDRAL CITY RESOLUTION 2022 -06, THIS MEETING MAY BE
CONDUCTED BY VIDEOCONFERENCE OR TELECONFERENCE AND THERE WILL BE NO IN -PERSON PUBLIC ACCESSTO THE MEETING LOCATION. IF YOU WOULD LIKE TO ATTEND THE MEETING VIA ZOOM PLEASE USE THE FOLLOWING LINK TO REGISTER IN ADVANCE:
https://zoom.us/webinar/register/WN_D2pAlY4tQl6dLMKXIGnwiQ
AFTER REGISTERING, YOU WILL RECEIVE A CONFIRMATION EMAIL CONTAINING INFOR MATION ABOUT JOINING THE MEETING.
MAYOR
Ernesto Gutierrez
CITY COUNCIL MEMBERS
Mayor Pro Tem
Rita Lamb
Councilmember
Mark Carnevale
Councilmember
Nancy Ross
Councilmember
Raymond Gregory
• CALL TO ORDER
• ROLL CALL
• AGENDA FINALIZATION
At this time t he City Council may announce any items being pulled from the agenda or continued to another date.
1. PUBLIC COMMENT
This is the oppor tunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions conta ined in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements m ade 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.
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2. CLOSED SESSION
A. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.
Property Location: Approximately 1.8 acres directly south and adjacent to the CVREP building, East of Cathedral Canyon Drive and
North of East Palm Canyon Drive, with APN 687-475-001
Negotiating Parties: City of Cathedral City and the Coachella Valley Repertory Theatre
Property Owner: City of Cathedral City
Under Negotiations: Price and Terms for potential sale of real property
3. STUDY SESSION
Normally no action is taken on Study Session items, however, the City Council reserves the right to give specific policy dir ection and take specific action as necessary. Presentation will be limited to 10 minutes unless other provisions are made in advance.
A. Revision to Chapter 14.12 Maintenance of Sidewalks and Parkways Recommendation: This item is presented for information, discussion and direction only.
B. Interview Applicants for the Public Arts Commission
Recommendation: Interview applicants that have submitted applications for possible appointment to fill one vacant seat on the Public Arts Commission.
ADJOURN
NOTES TO THE PUBLIC:
The City of Cathedral City complies with the Americans with Disabilities Act of 1990. If you require special assista nce to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office a t City Hall located at 68 -700 Avenida Lalo Guerrero during normal business hours. In addition, such documents will be posted on the City’s website at www.cathedralcity.gov.
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Staff Report
City Council
Meeting Date: February 23, 2022
From: Tami Scott, Administrative Services Director
Title: Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8.
Property Location: Approximately 1.8 acre s directly south and adjacent to the CVREP building, East of
Cathedral Canyon Drive and North of East
Palm Canyon Drive, with APN 687-475-001
Negotiating Parties: City of Cathedral City and the Coachella Valley Repertory Theatre
Property Owner: City of Cathedral City
Under Negotiations: Price and Terms for potential sale of real property
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Staff Report
City Council
Item No. 3.A
Meeting Date: February 23, 2022
From: Tami Scott, Administrative Services Director
Title: Revision to Chapter 14.12 Maintenance of Sidewalks and Parkways
City Council
RECOMMENDATION:
This item is presented for information, discussion and direction only.
BACKGROUND:
The City’s current municipal code (sections 14.12.010, 14.12.020, and 14.12.030) mirrors the language found in California Streets and Highways Code Section 5610 et seq. regarding private proper ty owners’ duties to maintain sidewalks abutting their property. However, a ccording to California courts, Streets & Highways Code section 5610, and local ordinances containing similar language (such as Cathedral City’s current ordinance):
“impose a duty of repair on the abutting property owners for defects in sidewalks, regardless of who created the defects, but does not of itself create tort liability to injured pedestrians or a duty to indemnify municipalities, except where a property owner created the defect. (emphasis in the original.) See Jordan v. City of Sacramento (2007) 148 Cal.App.4th 1487 at 1490.
Based on the Jordan case, private property owners have no liability for slip/trip and fall claims on sidewalks abutting their property unless the y created the defect (i.e., tree on private property caused cracked sidewalk).
DISCUSSION:
Over the years, the City has experienced several slip/trip and fall claims , and subsequent litigation and settlements related to these injuries have exceed $1.0 million.
The City’s Municipal Code, as written, causes the City to be 100% liable for sidewalk defects unless the private property owner created the defect.
Fortunately, California courts have held that a municipality may alter the principles in Streets an d Highways Code section 5610 by ordinance with clear and unambiguous language and impose liability on an abutting property owner for sidewalk injuries. See
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Jordan at 1491 and Gonzales v. City of San Jose (2004) 125 Cal.App.4 th 1127, 1138- 1139. Please not e, however, that the municipal code cannot be used to absolve the City of liability. Under the revised municipal code and Government Code section 835, the City, as well as the abutting property owner , could be held concurrently liable to a plaintiff injured as a result of a dangerous condition on a city -owned sidewalk. As such, the practical effect of the proposed ordinance revision will be that the City and the private property owner will share liability and share settlement costs.
Several other citie s have recently revised their Municipal Code in the manner we are describing above, to include Sacramento, San Jose, Sausalito, and Yucaipa. With the exception of Yucaipa, the revised ordinances adopted by these cities have been approved by the courts, wh ich have reviewed the sufficiency of the referenced ordinances. The legality of Yucaipa’s ordinance has not been challenged in court, but its language is very similar to those which have been approved. Yucaipa has just not had a case since their language had been revised.
Based on the above, staff is recommending the City revise its Municipal Code to include a provision that attaches liability to private property owners for sidewalk injury claims.
Attached is the current municipal code sections and the revised changes we recommend.
FISCAL IMPACT:
There is no fiscal impact related to updating the ordinance. There is unknown liability exposure for the City should the ordinance remain unmodified.
ATTACHMENTS:
Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS- Update Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS- Clean Copy Cathedral City - Ordinance Amending Chapter 14.12 (Maintenance of Sidewa.._
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Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS
14.12.010 Duty to maintain.
(a) Pursuant to California Streets and Highways Code Section 5610, the owner or owners of lots or portions of lots fronting on any portion of a public street which has been improved by the installation of a sidewalk shall repair and maintain the sidewalk, including any parkway area between the sidewalk and the street line, in a safe and nondangerous condition at the owner’s cost and expense. The owner shall have the primary and exclusive duty to perform such repa ir and maintenance, whether or not the City has notified the owner of the need for such repair and maintenance or had performed similar maintenance or repairs in the past. The dut y to repair shall include the repair of da mage caused by any force(s) in cluding, without limitation, damage caused by t rees planted within the public right -of-way or adjacent private property.Maintenance shall include irrigation, as necessary, and trimming of any grass, trees, shrubs or other vegetation within the parkway area, and said owner or owners or other person in possession of the property shall keep any such sidewalk free and clear of any accumulation of sand, gravel, blow sand, debris or other material which endangers any person or property, or interferes with the public convenience in the use of the sidewalk. Such maintenance and repairs to the sidewalk shall be provided by the owner or owners or other persons in possession of the abutting property as may be required to maintain it in a condition which will not endanger any person or property, or interfere with the public convenienc e in the use of the sidewalk. The term “sidewalk,” as defined by Streets and Highways Code Section 5600, includes a park or parking strip maintained in the area between the property line and the street line, and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or any such parkway or parking strip. (Ord. 366 § 2, 1992; Ord. 261 § 1, 1989)
(b)(a)
(b) Repair and m aintenance of the sidewalk shall include the removal of any condition that endangers any person in the use of the sidewalk and includes, but is not limited to: (1) irrigation, as necessary, and trimming of any grass, trees, tree roots, shrubs or other vegetation within the parkway area; (2) keeping the sidewalk free and clear of any accumulation of sand, gravel, blow sand, debris or other material; (3) grinding and/or replacement of sidewalk panels to remove any vertical displacements greater than one-half inch between the edges of cracks.
(c) The term “sidewalk,” as defined by Streets and Highways Code Section 5600, includes a park or parking strip maintained in the area between the property line and the street line, and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or any such parkway or parking strip.
14.12.020 Liability for injuries to public. [PROPOSED]
Any owner required by section 14.12.010 to repair and maintain any portion of a sidewalk shall owe a duty to members of the general public, including travelers on the sidewalk area, to repair and maintain the sidewalk area in a safe and nondangerous condition. It shall be a violation of this chapter for any owner to fail to perform the duties and obligations established by section 14.12.010 or to perform such duties and obligations in a negligent manner. If any person suffers personal injury or damage to property as a result of the failure of any owner to maintain any sidewal k in a safe and nondangerous condition as required by section 14.12.010, the owner shall be directly liable to such person for the resulting injury or damages. The City shall have a cause of action for indemnity against any owner for any damages, including without limitation attorneys’ fees, costs, any judgments, awards or settlement proceeds it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a
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Attachment: Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS- Update (3022 : Chapter 14.12 MAINTENANCE OF SIDEWALKS Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS
legal result of the failure of the owner to maintain the sidewalk in accordance with the requirements of this chapter.
14.12.0320 Notice to repair. (renumbered – No Changes)
A. When any portion of the sidewalk or the area between the property line and the street line is out of repair and in condition to endanger persons or in condition to interfere with the public convenience in the use of such sidewalk or area, the city engineer, code enforcement officer or other representative of the city manager shall issue a notice to repair. Such notice shall notify the owner or person in possession of the property fronting on that portion of such sidewalk or area in need of repair or maintenance, to repair and maintain the sidewalk or area between the property line and the street line. Notice shall be given as specified in Streets and Highways Code Sections 5610 through 5618, inclusive. Repairs subject to such notice shall include deterioration of the sidewalk itself, where the condition of the sidewalk constitutes a safety hazard raising or lowering of the grade of any slab or slabs thereof, deterioration of plant materials due to lack of watering, lack of trimming, or improper maintenance of the trees, shrubs, grass or other vegetation, or the presence of any accumulation of sand, gravel, blow sand, debris or other material which endangers persons or property, or interferes with the public convenience in the use of the sidewalk. A city permit, to be issued without a fee, shall be required to make any repairs to the physical condition of the sidewalk itself.
B. Notice shall not be given to the owner or person in possession when the condition is known by the city to hav e been caused by a public entity or a utility company or other party making repairs under an easement, license or encroachment permit if such easement, license or encroachment permit has been issued by the city; in such event, the duty to repair or maintai n shall be on that person or entity holding such an encroachment permit. (Ord. 366 § 3, 1992; Ord. 261 § 1, 1989)
14.12.0430 Repairs—Collection of costs. (Renumbered – No Changes) As specified in Streets and Highways Code Sections 5615 through 5618, inclusive, if the owner or person in possession fails to make the improvements or repairs required, the city may make such improvements and proceed to enforce collection of the costs thereof, using the procedures specified in those sections of the state law, and in Streets and Highways Code Sections 5625 through 5629, inclusive. When the condition is caused by a public entity or a utility company or other party making repairs under easement, license or encroachment permit issued by the city, the city manager shall take action to have the responsible entity make the repairs, or pay the costs thereof. (Ord. 366 § 4, 1992; Ord. 261 § 1, 1989)
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Attachment: Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS- Update (3022 : Chapter 14.12 MAINTENANCE OF SIDEWALKS Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS
14.12.010 Duty to maintain.
(a) Pursuant to California Streets and Highways Code Section 5610, the owner or owners of lots or portions of lots fronting on any portion of a public street which has been improved by the installation of a sidewalk shall repair and maintain the sidewalk, including any parkway area between the sidewalk and the street line, in a safe and nondangerous condition at the owner’s cost and expense. The owner shall have the primary and exclusive duty to perform such repair and maintenance, whether or not the City has notified the owner of the need for such repair and maintenance or had performed similar maintenance or repairs in the past. The duty to repair shall include the repair of damage caused by any force(s) including, without limitation, damage caused by trees planted within the public right-of-way or adjacent private property.
(b) Repair and m aintenance of the sidewalk shall include the removal of any condition that endangers any person in the use of the sidewalk and includes, but is not limited to: (1) irrigation, as necessary, and trimming of any grass, trees, tree roots, shrubs or other vegetation within the parkway area; (2) keeping the sidewalk free and clear of any accumulation of sand, gravel, blow sand, debris or other material; (3) grinding and/or replacement of sidewalk panels to remove any vertical displacements greater than one-half inch between the edges of cracks.
(c) The term “sidewalk,” as defined by Streets and Highways Code Section 5600, includes a park or parking strip maintained in the area between the property line and the street line, and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or any such parkway or parking strip.
14.12.020 Liability for injuries to public. [PROPOSED]
Any owner required by section 14.12.010 to repair and maintain any portion of a sidewalk shall owe a duty to members of the general public, including travelers on the sidewalk area, to repair and maintain the sidewalk area in a safe and nondangerous condition. It shall be a violation of this chapter for any owner to fail to perform the duties and obligations established by section 14.12.010 or to perform such duties and obligations in a negligent manner. If any person suffers personal injury or damage to property as a result of the failure of any owner to maintain any sidewalk in a safe and nondangerous condition as required by section 14.12.010, the owner shall be directly liable to such person for the resulting injury or damages. The City shall have a cause of action for indemnity against any owner for any damages, including without limitation attorneys’ fees, costs, any judgments, awards or settlement proceeds it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the failure of the owner to maintain the sidewalk in accordance with the requirements of this chapter.
14.12.030 Notice to repair. (renumbered – No Changes)
A. When any portion of the sidewalk or the area between the property line and the street line is out of repair and in condition to endanger persons or in condition to interfere with the public convenience in the use of such sidewalk or area, the city engineer, code enforcement officer or other representative of the city manager shall issue a notice to repair. Such notice shall notify the owner or person in possession of the property fronting on that portion of such sidewalk or area in need of repai r or maintenance, to repair and maintain the sidewalk or area between the property line and the street line. Notice shall be given as specified in Streets and Highways Code Sections 5610 through 5618, inclusive. Repairs subject to such notice shall
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Attachment: Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS- Clean Copy [Revision 1] (3022 : Chapter 14.12 MAINTENANCE Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS
include deterioration of the sidewalk itself, where the condition of the sidewalk constitutes a safety hazard raising or lowering of the grade of any slab or slabs thereof, deterioration of plant materials due to lack of watering, lack of trimming, or improper maintenance of the trees, shrubs, grass or other vegetation, or the presence of any accumulation of sand, gravel, blow sand, debris or other material which endangers persons or property, or interferes with the public convenience in the use of the sidewalk. A city permit, to be issued without a fee, shall be required to make any repairs to the physical condition of the sidewalk itself.
B. Notice shall not be given to the owner or person in possession when the condition is known by the city to have bee n caused by a public entity or a utility company or other party making repairs under an easement, license or encroachment permit if such easement, license or encroachment permit has been issued by the city; in such event, the duty to repair or maintain sha ll be on that person or entity holding such an encroachment permit. (Ord. 366 § 3, 1992; Ord. 261 § 1, 1989)
14.12.040 Repairs—Collection of costs. (Renumbered – No Changes) As specified in Streets and Highways Code Sections 5615 through 5618, inclusive, if the owner or person in possession fails to make the improvements or repairs required, the city may make such improvements and proceed to enforce collection of the costs thereof, using the procedures specified in those sections of the state law, and in Streets and Highways Code Sections 5625 through 5629, inclusive. When the condition is caused by a public entity or a utility company or other party making repairs under easement, license or encroachment permit issued by the city, the city manager shall take action to have the responsible entity make the repairs, or pay the costs thereof. (Ord. 366 § 4, 1992; Ord. 261 § 1, 1989)
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Attachment: Chapter 14.12 MAINTENANCE OF SIDEWALKS AND PARKWAYS- Clean Copy [Revision 1] (3022 : Chapter 14.12 MAINTENANCE 1 ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL
CITY, CALIFORNIA, AMENDING AND RESTATING
CHAPTER 14.12.010 (MAINTENANCE OF SIDEWALKS AND
PARKWAYS) OF THE CITY OF CATHEDRA L CITY
MUNICIPAL CODE
WHEREAS, in order to ensure the public health and safety of pedestrians and cyclists within the City and in accordance with California Streets and Highways Code Section 5610, the City of Cathedral City wishes to amend Chapter 14.12 of the Municipal Code regarding the responsibility and liabilities of abutting property owners concerning the maintenance and repair of sidewalks and parkways.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:
SECTION 1. AMENDMENT OF MUNICIPAL CODE
Chapter 14.12 (Maintenance of Sidewalks and Parkways) of the City of Cathedral City Municipal Code is hereby amended and restated in its entirety to read as shown on Exhibit “A”, attached hereto and incorporated herein by this reference.
SECTION 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislat ion, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 3. CEQA
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment because it is merely the formation of an organization. (14 Cal. Code Regs. § 15378(a).) SECTION 4. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days from and after its final passage.
SECTION 5. PUBLICATION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be
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Attachment: Cathedral City - Ordinance Amending Chapter 14.12 (Maintenance of Sidewa.._ (3022 : Chapter 14.12 MAINTENANCE OF 2 published in the manner required by law using the alternative sum mary and posting procedure authorized under Government Code Section 39633(c).
SECTION 6. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
INTRODUCED at the regular meeting of Cathedral City City Council on the ___ day of _______________, 2022.
Ernesto Gutierrez, Mayor
ATTEST:
Tracey R. Martinez, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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Attachment: Cathedral City - Ordinance Amending Chapter 14.12 (Maintenance of Sidewa.._ (3022 : Chapter 14.12 MAINTENANCE OF 3 EXHIBIT “A”
Chapter 14.12 – Maintenance of Sidewalks and Parkways
14.12.010 - Duty to maintain.
A. Pursuant to California Streets and Highways Code Section 5610, the owner or owners of lots or portions of lots fronting on any portion of a public street which has been improved by the installation of a sidewalk shall repair and maintain the sidewalk, including any parkway area between the sidewalk and the street line, in a safe and nondangerous condition at the owner’s cost and expense. The owner shall have the primary and exclusive duty to perform such repair and maintenance, whether or not the City has notified the owner of the need for such repair and maintenance or had performed similar maintenance or repairs in the past. The duty to repair shall include the repair of damage caused by any force(s) including, without limitation, damage caused by trees planted within the public right-of-way or adjacent private property.
B. Repair and maintenance of the sidewalk shall include the removal of any condition that endangers any person in the use of the sidewalk and includes, but is not limited to: (1) irrigation, as necessary, and trimming of any grass, trees, tree roots, shrubs or other vegetation within the parkway area; (2) keeping the sidewalk free and clear of any accumulation of sand, gravel, blow sand, debris or other material; (3) grinding and/or replacement of sidewalk panels to remove any vertical displacements greater than one-half inch between the edges of cracks.
C. The term “sidewalk,” as defined by Streets and Highways Code Section 5600, includes a park or parking strip maintained in the area between the property line and the street line, and also includes curbing, bulkheads, retaining walls or other works for the pro tection of any sidewalk or any such parkway or parking strip.
14.12.020 - Liability for injuries to public.
Any owner required by section 14.12.010 to repair and maintain any portion of a sidewalk shall owe a duty to members of the general public, including travelers on the sidewalk area, to repair and maintain the sidewalk area in a safe and nondangerous condition. It shall be a violation of this ch apter for any owner to fail to perform the duties and obligations established by section 14.12.010 or to perform such duties and obligations in a n egligent manner. If any person suffers personal injury or damage to property as a result of the failure of any owner to maintain any sidewalk in a safe and nondangerous condition as required by section 14.12.010, the owner shall be directly liable to such person for the resulting injury or damages. The City shall have a cause of action for indemnity against any owner for any damages, including withou t limitation attorneys’ fees, costs, any judgments, awards or settlement proceeds it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the failure of the o wner to maintain the sidewalk in accordance with the requirements of this chapter.
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Attachment: Cathedral City - Ordinance Amending Chapter 14.12 (Maintenance of Sidewa.._ (3022 : Chapter 14.12 MAINTENANCE OF 4 14.12.030 - Notice to repair.
A. When any portion of the sidewalk or the ar ea between the property line and the street line is out of repair and in condition to endanger persons or in condition to interfere with the public convenience in the use of such sidewalk or area, the city engineer, code enforcement officer or other representative of the city manager shall issue a notice to repair. Such notice shall notify the owner or person in possession of the property fronting on that portion of such sidewalk or area in need of repair or maintenance, to repair and maintain the sidewalk or area between the property line and the street line. Notice shall be given as specified in Streets and Highways Code Sections 5610 through 5618, inclusive. Repairs subject to such notice shall include deterioration of the sidewalk itself, where the condition of the sidewalk constitutes a safety hazard raising or lowering of the grade of any slab or slabs thereof, deterioration of plant materials due to lack of watering, lack of trimming, or improper maintenance of the trees, shrubs, grass or other vegetat ion, or the presence of any accumulation of sand, gravel, blow sand, debris or other material which endangers persons or property, or interferes with the public convenience in the use of the sidewalk. A city permit, to be issued without a fee, shall be req uired to make any repairs to the physical condition of the sidewalk itself.
B. Notice shall not be given to the owner or person in possession when the condition is known by the city to have been caused by a public entity or a utility company or other part y making repairs under an easement, license or encroachment permit if such easement, license or encroachment permit has been issued by the city; in such event, the duty to repair or maintain shall be on that person or entity holding such an encroachment permit. (Ord. 366 § 3, 1992; Ord. 261 § 1, 1989)
14.12.040 – Repairs and Collection of costs.
As specified in Streets and Highways Code Sections 5615 through 5618, inclusive, if the owner or person in possession fails to make the improvements or repairs required, the city may make such improvements and proceed to enforce collection of the costs thereof, using the procedures specified in those sections of the state law, and in Streets and Highways Code Sections 5625 through 5629, inclusive. When the condition is caused by a public entity or a utility company or other party making repairs under easement, license or encroachment permit issued by the city, the city manager shall take action to have the responsible entity make the repairs, or pay the costs thereof. (Ord. 366 § 4, 1992; Ord. 261 § 1, 1989)
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Attachment: Cathedral City - Ordinance Amending Chapter 14.12 (Maintenance of Sidewa.._ (3022 : Chapter 14.12 MAINTENANCE OF
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Staff Report
City Council
Item No. 3.B
Meeting Date: February 23, 2022
From: Tracey Hermosillo, City Clerk
Title: Interview Applicants for the Public Arts Commission
City Council
RECOMMENDATION:
Interview applicants that have submitted applications for possible appointment to fill one vacant seat on the Public Arts Commission.
BACKGROUND:
On January 12, 2022 , the City Council accepted the resignation of Scott Colwell from the Public Arts Commission. This resignation creates one vacant seat on the Public Arts Commission with a term expiring June 30, 2023.
Pursuant to California Government Code Section 54974, a Notice of Unscheduled Vacancy on the P ublic Arts Commission was posted in the three designated posting locations, the City’s Website and through social media.
DISCUSSION:
Staff has received applications from the following individuals:
Craig Liebelt
Domenic Vermeulen
Steven Acree
Applications are attached for your review.
Due to COVID -19, staff has determined that the best way to accom plish the interview and appointment process for the Commission in a safe manner for staff, the City Council, and the applicants is to conduct the interviews virtually. This will allow social distancing to take place while at the same time conducting the interviews in a manner to which the City Council, staff and applicants are accustomed. Staff recommends that the City Council conduct the interviews during the Study Session portion of the meeting and consider filling the vacant seat during the regular Cit y Council Meeting as a separate item for formal action . The term for the seat on the P ublic Arts Commission shall be effective immediately and go through June 30, 2023.
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FISCAL IMPACT:
There is no fiscal impact with this item.
ATTACHMENTS:
Public Arts Commission Applications_2232022
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Attachment: Public Arts Commission Applications_2232022 (3126 : Public Arts Commission Interviews)
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Attachment: Public Arts Commission Applications_2232022 (3126 : Public Arts Commission Interviews)
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Attachment: Public Arts Commission Applications_2232022 (3126 : Public Arts Commission Interviews)
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Attachment: Public Arts Commission Applications_2232022 (3126 : Public Arts Commission Interviews)
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Attachment: Public Arts Commission Applications_2232022 (3126 : Public Arts Commission Interviews)
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Attachment: Public Arts Commission Applications_2232022 (3126 : Public Arts Commission Interviews)