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of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’ s office, grade, rank, or rating; or 2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in th e Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.
806.3 Reasons for Leave
Leave, under the Family and Medical Leave Policy , is only permitted for the reasons listed below.
a) The birth of a child or to care for a newborn of an employee; b) The placement of a child with an employee in connection with the adoption or foster care of a child;
c) Leave to care for a child, parent, spouse, or domestic partner who has a serious health condition;
d) Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, or sibling who has a serious health condition.
Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.
e) Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position; f) Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation or
g) Under the CFRA only, leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s domestic partner is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA; or h) Leave to care for a spouse, son, daughter, parent, or “next of kin” who is a covered service -member of the U.S. Armed Forces who has a serious injury or illness: incurred in the line of duty while on active military duty; or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces. This leave can run up to 26 weeks of unpaid leave during a single 12-month period.
806.4 Employees Eligible for Leave
An employee is eligible for leave if:
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a) The employee has been employed by the City of Cathedral City for at least 12 months; and
b) The employee has been employed by the City of Cathedral City for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave; and
c) For FMLA leave eligibility, the City of Cathedral City directly employs at least 50 full or part-time employees within a 75 -mile radius for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase “current or preceding calendar year” refers to the calendar year in which the employee requests the leave or the calendar year preceding this request. This criteria is not required and does not apply in order for an employee to be eligible for CFRA leave
806.5 Amount of Leave
Eligible employees are entitled to a total of 12 workweeks (or 26 workweeks to care for a covered service member) of leave during any 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first.
806.6 Minimum Duration of Leave
a) If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of t he birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of these purposes (e.g. bonding with a newborn) for less than two weeks duration on any two occasions.
b) If leave is requested to care for a child, parent, spouse or the employee him/herself with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this Policy is required.
806.7 Parents both Employed by the City of Cathedral City
If both parents of a child, adoptee, or foster child are employed by the City of Cathedral City and are entitled to bonding leave:
1) The aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to 12 workweeks during any 12-month period; and
2) Each parent is entitled to take 12 workweeks of CFRA leave during any 12-month period.
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If both parents of a covered service member are employed by the City of Cathedral City and are entitled to leave to care for a covered service member, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 work weeks during the 12 -month period. This limitation does not apply to any other type of leave under this Policy.
806.8 Employee Benefits While On Leave
a) Group Health Insurance during Unpaid Leave: Leave under this Policy is unpaid. While on unpaid leave, employees will continue to be covered by the City of Cathedral City’s group health insurance for up to 12 weeks each leave year to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby -bonding, the City of Cathedral City will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks). b) Benefit Plans Not Provided through the City of Cathedral City Group Health Plan during Unpaid Leave Do Continue: While on unpaid leave, employees will continue to be covered by the City of Cathedral City benefits plans that are not part of its group health plan for up to 12 weeks each leave year to the same extent that coverage is provided while the employee is on the job. c) Payment of Premiums: Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using their paid leave) or direct payments (if the employee is not using their paid leave). The City of Cathedral City will inform the employee whether the direct payments for premiums should be paid to the carrier or to the City of Cathedral City, and the deadlines for paying premiums in order to prevent coverage from being dropped. Employee contribution rates are subject to any changes in rates that occur while employee is on leave.
d) Recovery of Premium if the Employee Fails to Return from Leave: If an employee fails to return to work after their leave entitlement has been exhausted or expires, the City of Cathedral City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control.
806.9 Substitution of Paid Accrued Leaves
Although family and medical care leave is unpaid, the employee must first use sick leave, if any. Once sick leave is depleted, the employee may elect to use vacation leave or any other accrued paid time off during the leave
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806.9.1 Employee’s Right to Use Paid Accrued Leave Concurrently with Family Leave
An employee may use any earned or accrued paid leave except sick leave for all or part of any unpaid family and medical care leave. An employee is entitled to use sick leave concurr ently with family and medical care leave for the employee’s own serious health condition or that of the employee’s parent, spouse, domestic partner or child.
806.9.2 City of Cathedral City’s Right to Require an Employee to Use Paid Leave when Using FMLA/CFRA Leave
Employees must use and exhaust their accrued leaves concurrently with family and medical care leave to the same extent that employees have the right to use their accrued leaves concurrently with family and medical care leave with two exceptions:
a) Employees are not required to use paid leave during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; and
b) An employee may agree to use accrued sick leave to care for a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling; to the extent permitted under Labor Code 233(a).
806.9.3 City of Cathedral City’s Right to Require an Employee to Exhaust FMLA/CFRA Leave Concurrently with Other Leaves
If an employee takes a leave of absence for any purpose which also qualifies under both the FMLA and CFRA, the City of Cathedral City will designate that leave as runni ng concurrently with the employee’s 12 - week FMLA/CFRA leave entitlement. The only exception is for peace officers and firefighter who are on paid industrial injury leave.
806.9.4 City of Cathedral City’s and Employee’s Rights if an Employee Requests Accrued Leave without Mentioning FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without reference to a FMLA/CFRA qualifying purpose, the City of Cathedral City may not ask the employee if the leave is for a FMLA/CFRA qualifying purpose. However, if the City of Cathedral City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA qualifying purpose, the City of Cathedral City may require the employee to exhaust accrued leave as described above.
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806.10 Medical Certification/ Recertification
Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:
a) Employee’s Own Serious Health Condition : Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position. Upon expiration of the time period the health care provider originally estimated that the employee needed for their own serious health condition, the employee must obtain recertification if additional leave is requested.
b) Family Member Serious Health Condition: Employees who request leave to care for a child, parent, domestic partner or a spouse who has serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, dome stic partner, or spouse, and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent or spouse. The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care. Upon expiration of the time period the health car e provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.
c) Service member Serious Injury or Illness: Employees who request FMLA leave to care for a covered service member who is a child, spouse, parent or “next of kin” of the employee, must provide written certification from a health care provider regarding the injured service member’s serious injury or illness. The City of Cathedral City will verify the certification as permitted by the FMLA regulations.
d) Qualifying Exigency: The first time an employee requests FMLA leave because of a qualifying exigency, an employee may require the employee to provide a copy of the military member’s active d uty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member’s active duty service. A copy of the new ac tive duty orders or similar documentation shall be provided to the City of Cathedral City if the need for leave because of a
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qualifying exigency arises out of a different active duty or call to active duty status of the same or a different military member. The City of Cathedral City will verify the certification as permitted by the FMLA regulations.
806.11 Time to Provide a Medical Certification
When an employee has provided at least 30 days’ notice for a foreseeable leave, the employee must provide a medical certification before the leave begins. When this is not possible, the employee m ust provide the medical certification to the City of Cathedral City within the time frame requested by the City of Cathedral City (which must allow at least 15 calendar days after the employer’s request), unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.
806.12 Consequences for Failure to Provide an Adequate or Timely Certification
If an employee provides an incomplete medical certification, the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the time frame established in this Policy, the City of Cathedral City may delay the taking of FMLA/CFRA leave until required certification is provided, or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.
806.13 Review of the Contents of Medical Certification for Employee’s Own Serious Health Condition
a) Complete and Sufficient: The employee must provide a certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not be en completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the Human Resources Manager will give the employee written notice of the deficiencies and seven days to cure, unless a longer period is necessary in light of the employee’s diligent, good faith efforts to address the deficiencies. b) Authentication and Clarification: After giving the employee an opportunity to cure the deficienc ies in a medical certification for the employee’s own serious health condition, the Human Resources Manager may contact the health care provider who provided the certification to clarify and/or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. “Clarification” means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Human Resources
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Manager may not ask for additional information beyond that required on the certification form.
806.14 Second and Third Medical Opinions For Employee’s Own Serious Health Condition
If the City of Cathedral City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City of Cathedral City may require a medic al opinion of a second health care provider chosen and paid for by the City of Cathedral City. If the second opinion is different from the first, the City of Cathedral City may require the opinion of a third provider jointly approved by the City of Cathedral City and the employee, but paid for by the City of Cathedral City. The opinion of the third provider will be binding.
The City of Cathedral City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.
806.15 Intermittent Leave or Leave on a Reduced Leave Schedule
If employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition, or to care for an immediate family member with serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.
The City of Cathedral City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.
806.16 Employee Notice of Leave
Although the City of Cathedral City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least 30 days’ notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact day(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.
806.17 Reinstatement Upon Return from Leave
a) Reinstatement to Same or Equivalent Position: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent
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position with equivalent benefits and pay. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
b) Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and the City of Cathedral City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of their readiness to return.
c) Employee’s Obligation to Periodically Report on their Condition:
Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. (29 CFR § 825.311.)
d) Fitness for Duty Certification: As a condition of reinstatement of an employee whose leave was du e to the employee’s own serious health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness -for-duty certification from the health care provider stating that the employee is able to resume work. Fai lure to provide such certification will result in denial of reinstatement. (Gov. Code § 12945.2(k)(4); 29 CFR § 825.312.) e) Reinstatement of “Key Employees”: The City of Cathedral City may deny reinstatement to a “key” employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City of Cathedral City within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City of Cathedral City, and the employee is notified of the City of Cathedral City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur.
806.18 Required Forms
Employees must complete the applicable forms to receive family and medical care leave.
808 LEAVE BECAUSE OF PREGNANCY, CHILDBIRTH, OR RELATED MEDICAL CONDITION
808.1 Amount of Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours she would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full -time employee who works 40 hours per week, “four months” means 693 hours of leave entitlement, based on 40 hour per week times 17 1/3 weeks. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave.
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808.2 Notice & Certification Requirements
a) Notice: Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave.
All leaves must be confirmed in writing, have an agreed -upon specific date of return, and be submitted to the Human Resources Manager. b) Certification: The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: the employee is disabled from working by pre gnancy, childbirth or a related medical condition; 2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and 3) the estimated duration or end date of the leave. (2 Cal.Code Regs §§11050(b)(7); 11050(e).)
808.3 Compensation During Leave
Pregnancy disability leaves are without pay. However, if on PDL the employee shall use sick leave if any exist. Once sick leave is depleted, the employee may elect to use vacation leave or any other accrued paid time off during the leave.
808.4 Benefits during Leave
a) Group Health Insurance: An employee on pregnancy disability leave may continue to receive any gr oup health insurance coverage that was provided before her leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12-month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City of Cathedral City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disabili ty leave, unless the reason for the failure to return is a circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the California Family and Medical Leave Act.
b) Employee Status during Leave: The employee retains employee status during the leave. The leave is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employee benefit plan. Benefits will be resumed upon the employee’s reinstatement in the same manner and at the same levels as provided when the leave began, without any new qualification period, physical exam, or other qualifying provisions.
808.5 Reinstatement
a) Upon the expiration of pregnancy leave, the employee will be reinstated to her original or a comparable position, so long as it was not eliminated for a legitimate business reason during the leave.
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b) If the employee’s original position is no longer availab le, the employee will be assigned to a comparable, open position.
c) If upon return from leave an employee is unable to perform the essential functions of her job because of a physical or mental disability, the City of Cathedral City will initiate an interac tive process with the employee in order to identify a potential reasonable accommodation in accordance with these Policies.
810 OTHER LEAVES
810.1 Jury Duty Leave/Subpoenaed or Court-Ordered Witness Leave
Any employee, excluding temporary, seasonal, or extra help employee , who is summoned to serve on a jury, or subpoenaed or ordered to be a witness, must notify their supervisor or department head as soon as possible. Any employee who is released from jury service prior to the end of their scheduled work hours must report to work unless otherwise authorized by their supervisor.
810.2.1 Overtime-Eligible Employees
All overtime-eligible employees will be paid for actual work hours missed because of time spent in jury service or court. The time spent on jury duty is not work time for purposes of calculating overtime compensation.
The City of Cathedral City will offset from pay the amount the employee receives from the Court for jury fees.
810.2.2 Overtime-Exempt Employees
All FLSA-exempt employees will continue to receive their normal salary while on jury duty or as serving as a witness only for any workweek in which they perform any work duties. The City of Cathedral City will offset the amount from pay the employee receives from the Court for jury fees.
810.3 Other Court or Administrative Proceeding Appearances
810.3.1 Regarding Agency Duties
Any employee, including a temporary, seasonal, or extra help employee, who is subpoenaed to appear in court in a matter regarding an event or transaction in the course of their City of Cathedral City job duties, must give their supervisor as much advance notice as is possible. The City of Cathedral City will determine whether the matter involves an event or transaction in the course of the employee’s City of Cathedral City job duties.
If so, this leave to appear in court will be without loss of compensation, and the time spent will be considered work time.
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The City of Cath edral City will offset the amount from pay the employee receives for witness fees.
810.3.2 Regarding Employee-Initiated Proceedings
Any employee, including a temporary, seasonal, or extra help employee, who is subpoenaed to appear, or appears in cour t because of civil or administrative proceedings that they initiated, is not entitled to receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use any accrued leave other than sic k leave for time spent related to those proceedings. The time spent in these proceedings is not considered work time.
Notwithstanding the above, an employee who is testifying or appearing as the designated representative in PERB conferences or hearings, or at a personnel or merit commission is entitled to paid release time.
810.3.3 Regarding Crime Victim/Victim Family Member Court Attendance Leave
Any employee, including a temporary, seasonal, or extra help employee, who is a victim of a crime that is a serious or violent felony, or a felony involving theft or embezzlement, may take leave from work to attend judicial proceedings related to that crime, if the employee provides the City of Cathedral City a copy of the no tice of the scheduled proceeding in advance. If advance notice is not feasible, the employee must provide the City of Cathedral City, within a reasonable time after the leave is taken, documentation from the District Attorney, victim’s rights office, or c ourt / governing agency that shows that the judicial proceeding occurred when the leave was used. An employee who is an immediate family member of such a crime victim, including: a registered domestic partner; the child of the registered domestic partner; spouse; child; stepchild; brother; stepbrother; sister; stepsister; mother; stepmother; father; or stepfather of the crime victim is also entitled to leave from work to attend judicial proceedings relating to that crime. The leave is unpaid unless the em ployee elects to use accrued vacation, sick, or other paid leave, or compensatory time off.
810.3.4 Regarding Crime Victim/Family Member Victims’ Rights Proceedings Leave
Any employee, including a temporary, seasonal, or extra help employee, who is a victim of a crime listed in Labor Code section 230.5(a)(2)(A), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at
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issue, if the employee provides the employer reasonable advance notice. If advance notice is not feasible, the employee must provide the City of Cathedral City, within a reasonable time after the leave is taken, certification from a police report, a district attorney or court, or from a health care provider or victim advocate, that the employee was a victim of any of the crimes listed in Labor Code section 230.5(a)(2)(A). An employee who is a spouse, parent, child, sibling, or guardian of such a crime victim is also a victim who is entitled to this leave if the above notice or certification requirements are met. The leave is unpaid unless the employee elects to use accrued vacation or paid leave, or compensatory time off.
810.4 Leave for Victims of Domestic Violence, Sexual Assault, or Stalking to Obtain Restraining Orders or Injunctive Relief
Any employee, including a temporary, seasonal, or extra help employee, who is a victim of domestic violence, sexual assault, or stalking, may take leave from work to obtain or attempt to obtain any relief, including, but not li mited to: a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child, if the employee provides advance notice of the need for leave. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the distri ct attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse.
The leave is unpaid unless the employee elects to use 2014 Healthy Workplaces sick leave, accrued vacation or paid leave, or compensatory time off.
810.4.1 Leave for Victims of Domestic Violence, Sexual Assault, or Stalking to Obtain Medical Attention or Counseling or Safety Planning
Any employee, including a temporary, seasonal, or extra help employee, who is a victim of domestic violence, sexual assault, or stalking, may take leave from work to attend to any of the following: obtaining medical attention or psychological counseling; obtaining servi ces from a shelter, program or crisis center; or participating in safety planning or other actions to increase safety, if the employee provides advance notice of the employee’s intention to take time off for these purposes. If advance notice is not feasible, the employee must provide any of the following to the City of Cathedral City within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the
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employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse.
The leave is unpaid unless the employee elects to use 2014 Healthy Workplaces sick leave, accrued vacation or personal leave, or compensatory time off.
810.5 Bereavement Leave
All employees, except temporary, seasonal, or extra help employees, may utilize paid bereavement leave to attend a funeral or memorial service, or to take care of family matters, that are related to the death of a member of immediate family. “Immediate family” consists of the following: employee’s spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother, sister, mother/father-in-law, son or daughter -in-law, brother or sister -in-law, legal guardian, or custodial child, or the same relatives of a domestic partner.
Employees are entitled to up t o three days for each death in the immediate family. An employee who utilizes bereavement leave shall notify their supervisor or department head of the intent to use such leave.
810.6 Military Leave
Military leave will be granted in accordance with st ate and federal law. An employee requesting leave for this purpose shall promptly provide the department head with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the department head may determine when the leave is to be taken and may modify the employee’s work schedule to accommodate the request for leave.
810.7 School-Related Leave
810.7.1 School or Licensed Day Care Activity Leave
Any employee who is a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to one or more children who are in kindergarten or grades 1 through 12, or who are in a licensed child care facility, shall be allowed up to 40 hours each school year, not to exceed eight hours in any calendar month of the school year, to: participate in activities of their child’s school or licensed child care facility; find, enroll, or reenroll a child in a school or with a licensed child care provider; or to pick up a child due to a child care provider or school emergency. The employee must provide reasonable advance notice to their supervisor of the planned absence. The leave is unpaid unless the employee uses vacation, personal leave or compensatory time off. The employee must provide documentation from the school or licensed child care facility as verification that the employee participated in school or child care
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facility activities on a specific date and at a particular time. If both parents, guardians or grandparents having custody work for the City of Cathedral City at the same City of Cathedral City work site, only the first parent requesting will be entitled to leave under this provision.
8.10.7.2 Child Suspension Leave
Any employee who is the parent or guardian of a child in grades 1 through 12 may take time off to go to the child’s school in response to a request from the child’s school, if the employee gives advance notice to their supervisor. A school has the authority to request that the parent attend the child’s school if the child has: committed any obscene act; habitually used profanity or vulgarity; disrupted school activities; or otherwise willfully defied the valid authority of school personnel.
810.8 Paid Administrative Leave
The City of Cathedral City reserves the right to place an employee on leave with full pay for non -disciplinary reasons at any time when the Human Resources Manager has determined that the employee’s and/or City of Cathedral City best interests warrant the leave. The employee does not have a right to appeal the decision to be placed on administrative leave with pay.
810.9 Leave of Absence Without Pay Must Be Authorized By Law or These Policies
Unless authorized by law or a City of Cathedral City policy, an employee is not entitled to a leave of absence without pay. An authorized leave of absence without pay is not a break in service for purposes of calculating seniority. Unless required by law, vacation leave credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits do not accrue to an employee on unpaid leave. Unless required by law, the City of Cathedral City will not mai ntain contributions toward group insurance or retirement c overage for the employee on such leave. During the period of authorized unpaid leave, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.
810.10 Industrial Injury Leave
810.10.1 Employees Not Covered by Labor Code Section 4850
Employees, other than those covered by Labor Code section 4850, who are absent from work by reason of an injury or illness covered by Workers’ Compensation, shall continue in pay status under the following provisions.
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810.10.1.1 Coordination of Benefits
Whenever any regular employee is absent on account of
injuries arising out of and in the course of employment, such employee shall receive full compensation for a
maximum period of 60 -days for regularly scheduled
work. The 60-days’ period need not be consecutive if the employee’s absence is directly traceable to a single
accident. After the 60 -days, the employee may
authorize, the difference between the amount granted
pursuant to such Workers’ Compensation and the
employee’s regular pay be deducted from the
employee’s accumulated sick leav e, vacation, personal
holidays, and compensatory time, if any. The employee
will continue in pay status and receive their pay until their accumulated sick leave, and authorized
compensatory time, personal holidays and vacation
days, have been depleted to the nearest hour.
810.10.1.2 Accrual of Sick and Vacation Leave Continues While on Paid Leave
During the time the employee is in fully paid status while absent from work by reason of injury or illness covered by Workers’ Compensation, they shall continue to accrue sick leave and vacation benefits as though they were not on leave of absence.
810.10.1.3 Unpaid Leave and Continuation of Health Care Benefits
Any employee subject to this Policy who depletes their
accumulated sick leave, compensatory time, personal
holiday time and vacation days while absent from work
by reason of an injury or illness covered by Workers’
Compensation may receive an unpaid leave of absence
and continuation of health care benefits consistent with state and/or federal law.
810.10.2 Employees Covered by Labor Code Section 4850
Sworn Police and Fire employees covered by Labor Code Section 4850 et seq. will be allowed up to one year leave of absence for an industrial injury or illness without loss of salary in lieu of disability payments, consistent with state law. The employee will continue to accrue sick leave and vacation benefits while in paid status.
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810.10.2.1 Coordination of Benefits after 4850 Leave
Whenever the injury or illness continues beyond the one- year 4850 leave period, the difference between the
amount granted pursuant to such Workers’
Compensation and the employee’s pay may be deducted
from the employee’s accumulated sick and vacation
leave, personal holidays, and compensatory time, if any.
Thereafter, the employee may receive an unpaid leave of absence and continuation of health care benefits
consistent with state and/or federal law.
810.11 Time Off to Vote
Any employee, if they do not have sufficient time outside of working hours to vote, may request up to two hours of paid leave either at the beginning or end of scheduled working hours to enable them to vote. The employee must r equest time off to vote from their supervisor at least two days prior to election day.
900 Resignation, Job Abandonment, Layoff, and Separation
902 RESIGNATION, JOB ABANDONMENT, LAYOFF AND SEPARATION
902.1 Types of Separation
All separations of employees from positions in City of Cathedral City employment are designated as one of the following types:
a) Probationary Release;
b) Release of temporary/seasonal/extra help employees’ employee; c) Resignation;
d) Retirement;
e) Job abandonment;
f) Layoff;
g) Non-disciplinary separation; or
h) Disciplinary separation.
902.2 Probationary Release
Probationary employees serving in their initial probationary period with the City of Cathedral City may be released at any time during the probati onary period as recommended by the Department Head and approved by the City Manager or designee, without cause or reason or notice. A released probationary employee has no right to appeal or to submit a grievance, except as required by law or MOU.
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902.3 Release of [Temporary/Seasonal/Extra Help] Employees
A temporary/ seasonal/ extra help employee may be separated at any time, without cause, and without right to any appeal or grievance.
902.4 Resignation
An employee who wishes to resign their City of Cathedral City employment in good standing must submit written notice of resignation to the Department Head or Human Resources Manager at least two weeks prior to the planned separation date. The written notice must state the reasons for the re signation. Failure to follow the aforementioned procedure may be cause for denying future employment with the City of Cathedral City. A resignation becomes final when the Department Head or Human Resources Manager accepts the resignation in writing. Onc e a resignation has been accepted, it is final and irrevocable. A resignation can be accepted by the Department Head or Human Resources Manager even if it is submitted less than two weeks prior to the planned resignation date.
902.5 Retirement
An employee planning to retire may provide a written notice to the Department Head or Human Resources Manager prior to the effective date of the retirement.
A notice of retirement becomes final when the Department Head or Human Resources Manager accepts the notice of retirement in writing. Once a notice of retirement has been accepted, it is final and irrevocable.
902.6 Job Abandonment
An employee is deemed to have resigned from their position if they are absent for five consecutive scheduled workdays/shifts without prior authorization and without notification during the period of the absence.
An employee who has been deemed to have automatically resigned in accordance with the terms of this Section shall have fifteen (15) days after the date of ma iling, by certified mailing, by certified mailing, of such notice within which to request reinstatement. Any request for reinstatement must be made in writing and must be received by the City within fifteen (15) days of the date of mailing of the notice. Request for reinstatement may be made within ninety (90) days after the effective date of the deemed resignation if the notice specified above was not sent to the employee in the manner specified in this Section. An employee separated for job aba ndonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for job abandonment has the right to a post-separation appeal except as may be provided by law or applicable MOU.
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902.7 Non-Disciplinary Separation
Any employee separated because of an inability to accommodate after the reasonable accommodation and interactive process is concluded, will be given a written pre -separation notice of the reasons for the separation, the evidence supporting the decision to separate for non -disciplinary reasons, and an opportunity to respond before the separation takes effect. Any for cause employee has the opportunity for a post-separation appeal.
902.8 Disciplinary Separation
A for cause employee may be separated for disciplinary reasons.
902.9 Return of City Property
All City of Cathedral City property in the employee’s possession must be returned prior to separation, including keys, key fobs, identification cards, equipment, credit cards, gas cards, cell phones, pagers, and any other City of Cathedral City equipment.
902.10 Job References/Verification of Employment
All reference inquiries and verifications of employment must be referred to and approved by the Human Resources Manager . Unless the Human Resources Manager receives a written waiver signed by the employee, the City of Cathedral City will release only the employee’s dates of employment, last position held, and final salary rate. Department heads and supervisors should not provide information in response to r equests for reference checks or verification of employment, unless specifically approved by the Human Resources Manager on a case-by-case basis.
1000 Workers’ Compensation
1002.1 On the Job Injuries
The City provides Workers’ Compensation coverage to a ll employees and volunteers for any job-related injuries or illnesses. If your job causes you injury or illness, no matter how minor, you must report it to your supervisor immediately.
If you need medical aid, your supervisor will advise you where to go fo r treatment, and your medical bills will be paid for directly by the City.
The City requires that all job -related illnesses or injuries be reported within a reasonable time ( Typically ( 24 hours) to the designated person within your department and/or the Human Resource Department.
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1002.2 Procedures
1002.2.1 Employee Responsibility
Employees or volunteers must notify their supervisor
immediately of all job -related injuries by submitting the Accident/Injury Report . This should typically occur within 24 hours.
For life -threatening injuries, medical care is the priority and forms will be completed as soon as possible.
When an employee is injured on the job and seeking workers’ compensation, the city has the right and obligation to direct the employee’s medical care. Because there are particular
procedures the city needs to follow when treating work -related injuries, the city asks that the employee work closely with Human Resources after an injury or illness to ensure their safe return to work.
Following the medical evaluation, the employee must
immediately return the documentation provided by the
designated medical provider to their supervisor and HR. 1002.2.2 Supervisor Responsibility
Once notified, Supervisors must review and sign the
Accident/Injury Report and submit it to Human Resources within 24 hours (or the next business day).
For non-life-threatening injuries, the supervisor should contact Human Resources during business hours for notificatio n and coordination of services.
For life-threatening injuries, employees should be transported to the nearest emergency/trauma center and complete the
reporting forms as soon as possible.
Supervisors are required to document, in writing, any refusal by the employee to obtain medical treatment. The documentation shall be forwarded to HR as soon as possible.
Following treatment, it is the supervisor’s responsibility to ensure the appropriate documentation is completed and forwarded to Human Resources.
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1002.3 Modified Duty Assignments
Modified duty is considered when Human Resources receives the following information from the medical provider:
i. Current physical or other medical limitations relating to the performance of essential functions of the job;
ii. Expected period of temporary restrictions.
The city supports the use of modified duty in some cases, unless the medical provider believes modified duty would pose a hindrance to recuperation or an increased risk of re -injury. No employee will be plac ed on modified duty if the employee’s condition would pose a safety or health hazard to the city.
If an employee does not want to work in a modified duty capacity when authorized to do so by the medical provider, or feels they are unable to do so, the employee will be charged accrued leave time during their absence.
1003 Selection of Treating Physician
The City has prearranged qualified medical facilities to provide quality and prompt medical care to injured employees. If, after 30 days of care by an employer-directed physician, you are for any reason dissatisfied, you may select your own doctor. You may request this change by contacting Human Resources or the City’s claims administrator. In lieu of an employer-directed physician, State law allows you the right to see your personal physician immediately following an accident. You must, however, make this request in writing and have it on file with Human Resources prior to the date of injury. For this purpose, “personal physician” is defined as a doctor who, before the injury, directed the medical treatment of the employee and maintains the employee’s medical records. Your personal physician must be within a reasonable geographical area and must be willing to abide by the specific requirements set forth by state law for health care providers who wish to care for individuals injured on the job. If your personal physician is not immediately available, don’t wait. Go to the medical facility designated by your supervisor for immediate treatment.
1200 Miscellaneous Policies
1202 PERSONNEL FILES
1002.1 Confidential City of Cathedral City Files
The City of Cathedral City maintains a personnel file on each employee. A personnel file will contain only material that the City of Cathedral City deems necessary and relevant or that is required by law. Personnel files are the property of the City of Cathedral City, and access to the information they contain is restricted to protect employee privacy interests.
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1202.2 Notification of Changes
Each employee is responsible to promptly notify the Human Resources Manager of any changes in their contact and benefits information, in cluding: mailing address; telephone number; persons to contact in emergency; and number and names of dependents.
1202.3 Access to Applicant or Employee Medical Information
All medical information about an employee or applicant is kept in separate medical files and is treated as confidential. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City of Cathedral City business reasons, or if access is required by law, subpoena or court order. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of t he employee and necessary accommodations.
1202.4 Employee Access to Personnel File
a) Inspection of File: A current employee may inspect their own personnel file, at reasonable times and at reasonable intervals, within 30 days of a written request. A f ormer employee is entitled to inspect their personnel records one time per year. A current or former employee and/or their representative, who wishes to review their personnel file should make a written request to the Human Resources Department.
The insp ection must occur in the presence of the Human Resources Manager or designee and: (1) at a location where the employee works and at a time other than the employee’s work time; or (2) at another agreed upon location without loss of compensation to the employee. b) Copies: A current or former employee is entitled to receive a copy of their personnel records within 30 days after the employer receives a written request. A current or former employee who wishes to receive such a copy should contact the Human Resources Department in writing.
The City of Cathedral City may charge a fee for the actual cost of copying. c) Representative’s Inspection: If the current or former employee wishes to have another person/representative inspect their personnel file, they must provide the person/representative with written authorization.
The Human Resources Department will notify the employee and/or representative of the date, time and place of the inspection in writing. d) No Removal of File Documents: No person inspecting a personnel file is permitted to add or remove any document or other item to/from the personnel file.
1202.5 Limitations on Access or Copying of Personnel File
Prior to making a copy of personnel records or allowing inspection, the City of Cathedral City may redact the names of nonsupervisory employees. Under no
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circumstances will the City of Cathedral City provide access or copying of the following categories of personnel file documents: letters of reference; ratings, reports, or records that were obtained prior to employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination, except as required by law or MOU . Due process disciplinary considerations will not be impacted by this policy.
1202.6 Personnel Action Form
Any action concerning an employee’s status of employment shall be processed on a Personnel Action Form. Each department head shall complete such form according to their recommendation. Such status shall become effective on the date specified by the Human Resources Manager. All employees shall receive a true copy of any completed personnel action taken concerning their status of employment.
1204 LIMITATIONS ON OUTSIDE EMPLOYMENT
1204.1 No Outside Employment Without Prior Approval
An employee shall n ot engage in any paid or self -employment, activity, or enterprise which is inconsistent, incompatible or in conflict with their City of Cathedral City duties, functions, responsibilities, or that of the department in which they are employed at the City of Cathedral City . In order to avoid perceived or actual conflicts of interest that may arise from outside employment, all employees must obtain written approval from the City Manager or designee prior to undertaking any outside employment as described in this Policy.
1204.2 Authorization
a) Written Request: Any employee who wants to undertake a paid outside employment, activity, or enterprise must su bmit a written request to their department head. The written request must include:
(1) the work hours and/or time required; (2) job title or the nature of the activity; (3) the work location; (3) and the supervisor, manager and name of the employer or activity.
b) Analysis and Decision: The Department Head with the approval of the Human Resources Manager will determine if the outside employment, activity, or enterprise is compatible with the employee’s employment at the City of Cathedral City. If the Department Head with the approval of the Human Resources Manager determines such activity is compatible, or would be if any conditions or restrictions applied, they will authorize the activity and specify the conditions/ restrictions in writing, give the employee the outside employment authorization, and place a copy of the written authorization in the employee’s personnel file.
c) One Year Authorization: An outside employment authorization is valid only up to one year. Should the employee continue the outside employment, activity, or enterprise for a longer duration, they must
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make another request following the process in this Policy.
Notwithstanding this, if an employee timely submits a request, a prior authorization will remain in effect during the review period.
1204.3 Prohibited Outside Activities
An employee outside employment, activity, or enterprise may be prohibited if it:
a) Involves the use for private gain or advantage of City of Cathedral City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of the City of Cathedr al City or employment at the City of Cathedral City;
b) Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City of Cathedral City for the performance of an act which the employee would be required or expected to render in the regular course of their City of Cathedral City employment;
c) Involves the performance of an act in other than their capacity as a City of Cathedral City employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such employee or the department by which he/she is employed; or d) Involves time demands that would render the employee’s performance of their regular City of Cathedral City employment less efficient or dangerous to the employee.
1204.4 Changes in Outside Employment Status
The employee must promptly report in writing to the Human Resources Manager any of the following changes that may occur during the year of an authorized outside employment: the outside employment ends; or the authorized employment changes as to the number of work hours, location, or types of duties.
1204.5 Revocation / Suspension of Outside Employment Authorization
Any outside employment authorization may be revoked or suspended during the year it is granted under the circumstances listed below. An employee may appeal the revocation or suspension as provided in this Policy.
a) The employee’s work performance declines; or
b) An employee’s conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee’s work for the City of Cathedral City.
1204.6 Use of City of Cathedral City Equipment Prohibited
Under no circumstances may an employee use any City of Cathedral City equipment, vehicles, tools, supplies, machines, or any other item that is City of
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Cathedral City property while an employee is engaged in any outside employment, activity or enterprise.
1206 LIMITATIONS ON POLITICAL ACTIVITY
1206.1 No Solicitation During Work Hours or City of Cathedral City Offices
Except as allowed by law, City of Cathedral City employees or officers may not solicit or receive political funds or contributions to promote the passage or defeat of any ballot measure that would affect working conditions during the working hours of its officers and employees, or in City of Cathedral City offices.
1206.2 No Targeted Solicitation of City of Cathedral City Officers or Employees
Officers or employees of the City of Cathedral City, or candidates for elective office of the City of Cathedral City, may not directly or indirectly solicit political contributions from other officers or employees of the City of Cathedral City unless the solicitation is part of a solicitation made to a significant segment of the public which may incidentally include officers from and employees of the City of Cathedral City.
1206.3 No Political Activity in Uniform
No City of Cathedral City employee or official shall participate in political activities of any kind while in a City of Cathedral City uniform or other City of Cathedral City-issued clothing.
1206.4 No Political Activity on City of Cathedral City Property or Work Hours
City of Cathedral City employees and officials are prohibited from engaging in political activity during working hours or on City of Cathedral City property.
1208 PROHIBITIONS ON DRUGS AND ALCOHOL IN THE WORKPLACE
1208.1 Purpose and Scope
The purpose of this Policy is to promote a drug and alcohol -free workplace and to eliminate drug and alcohol-related inefficiencies and risks. This Policy applies to all City of Cathedral City employees, whether they are on City of Cathedral City property, or they are performing City of Cathedral City -related business elsewhere, except as this Policy is superseded by a memorandum of understanding or federally mandated drug and alcohol policies. Compliance with this Policy is a condition of employment. Di sciplinary action will be taken against those who violate this Policy.
1208.2 Drug- and Alcohol-Free Awareness Program
The city’s employee assistance provider offers counseling and treatment of drug- or alcohol-related problems. The employee assistanc e provider has information
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about: (1) the dangers of drug or alcohol abuse in the workplace; (2) the penalties that may be imposed for drug or alcohol abuse violations; (3) the city’s policy of maintaining a drug - and alcohol -free workplace; and (4) any av ailable drug or alcohol counseling, rehabilitation or employee assistance programs.
1208.3 Prohibited Conduct
a) The manufacture, distribution, sale, dispensation, possession, or use of any controlled substance, narcotic (including marijuana), or prescription drug that has not been lawfully prescribed to the employee in either City of Cathedral City workplaces or wherever City of Cathedral City business is performed.
b) Working or being subject to call in if impaired by alcohol or any controlled substance, narcotic (including marijuana), or prescription drug that has not been lawfully prescribed to the employee.
c) An employee’s failure to notify their department head before beginning work when taking medications or drugs, including but not limited to:
prescription drugs, over the counter medications, or illegal drugs or narcotics (including marijuana) which could interfere with the safe and effective performance of duties or operation of City of Cathedral City equipment.
d) An employee’s failure to notify the Human Resources Manager of any criminal conviction for a drug violation that occurred in the workplace within five days after such conviction.
e) An employee’s criminal conviction for a drug violation that occurred in the workplace.
1208.4 Drug and Alcohol Testing
The City of Cathedral City has discretion to test applicants and employees for alcohol and drug use under the circumstances below. The City of Cathedral City will use an outside laboratory to perform all testing.
a) Pre-Employment Testing for External Applicants for Certain Jobs: Those external applicants who apply for certain jobs where a special need for pre - employment drug and alcohol testing exists must take and pass a drug and alcohol test following a conditional offer of employment. The c ategories of jobs subject to pre -employment drug and alcohol testing include, but is not limited to, the following:
1. Safety sensitive jobs that have public safety implications, such as operating heavy trucks to transport hazardous material, protecting national security, enforcing drug laws, and/or operating natural gas pipelines; and
2. Jobs that involve the direct influence over children.
b) Reasonable Suspicion Testing: The City of Cathedral City may require a blood test, urinalysis, or othe r drug and/or alcohol screening of those
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employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances:
1. “Reasonable suspicion” to test exists
if, based on objective factors, a
reasonable person would believe
that the employee is under the
influence of drugs or alcohol at
work. Examples of objective factors,
include, but are not limited to:
unusual behavior, slurred or altered
speech, body odor, red or watery
eyes, unkempt appear ance,
unsteady gait, lack of coordination,
sleeping on the job, a pattern of
abnormal or erratic behavior, a
verbal or physical altercation,
puncture marks or sores on skin,
runny nose, dry mouth, dilated or
constricted pupils, agitation,
hostility, confus ed or incoherent
behavior, paranoia, euphoria,
disorientation, inappropriate
wearing of sunglasses, tremors, or
other evidence of recent drug or
alcohol use. If the City suspects
drugs or alcohol may have played a
role in an accident involving City
property or equipment that will also
constitute reasonable suspicion.
2. Document and Analysis: In order to
receive authority to test, the
supervisor must record the factors
that support reasonable suspicion in
writing and analyze the matter with
the Human Resources Manager.
Any reasonable suspicion testing
must be pre -approved by the
Human Resources Manager.
3. Testing Protocol: If the
documentation and analysis show
that there is a reasonable suspicion
of drug or alcohol abuse at work,
and the Human Resources Manage r
has approved, the employee will be
relieved from duty, transported to
the testing facility and to their home
after the test. The employee will be
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placed on sick or other paid leave
until the test results are received.
1209 Drug and Alcohol Policy Pursuant to the Department of Transportation Regulations
The City of Cathedral City recognizes that the use of alcohol, drugs, and controlled substances in the workplace is not conducive to safe working conditions. In order to promote a safe, healthy, and prod uctive work environment for all employees and the public, it is the City’s objective to have a work force that is free from the influence of substance abuse.
This section is intended to comply with all applicable federal regulations governing workplace anti -drug programs and safety sensitive employees. The federal Drug-Free Workplace Act of 1988 and similarly, the California Drug -Free Workplace Act of 1990 requires the establishment of drug free workplace policies and the reporting of certain drug -related offenses to the federal Department of Transportation (DOT). Also, the Federal Transportation Administration and Federal Motor Carrier Safety Administration (FMSCA) of th e DOT has enacted regulations that mandate urine drug testing and breathalyzer alcohol testing for safety sensitive positions and prevent performance of safety sensitive functions where there is a positive test result. The DOT also has set standards for t he collection and testing of urine and breath specimens. On January 6, 2020 the FMSCA enacted the Drug and Alcohol Clearinghouse requiring carriers to report FMCSA failed testing and test refusals, along with requiring to query the Clearinghouse when making new hires/promotions and once annually for current drivers.
Employees shall be asked to sign a statement certifying that he/she has received a copy of this policy and understands its contents. Any questions regarding rights and obligations under this Policy shall be referred to the employee’s supervisor, Department head, or Human Resources Manager.
Employees shall also be asked to consent for the City of Cathedral City to conduct a query of the Clearinghouse.
This policy complies with 49 CFR Part 65 5, as amended, 49 CFR Part 382, as amended, and 49 CFR Part 40, as amended. Copies of Parts 655, 382, and 40 are available in the drug and alcohol program manager’s office and can be found on the internet at the Department of Transportation (DOT) Office of Drug and Alcohol Policy and Compliance website http://www.dot.gov/odapc.
All covered employees are required to submit to drug and alcohol tests as a condition of employment in accordance with these regulations.
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1209.1 Covered Employees
This policy applies to every person whose position requires the possession of a commercial driver’s license (CDL); every employee performing a “safety-sensitive function” as defined below, and any person applying for such positions.
Under FMCSA (49 CFR Part 382), you are a covered employee if you operate (i.e., drive) a Commercial Motor Vehicle (CMV) with a gross vehicle weight rating (gvwr) of 26,001 or more pounds; or is designed to transport 16 or more occupants (to include the driver); or is of any size and is used in the transport of hazardous materials that require the vehicle to be placarded.
Safety-sensitive function under Part 382 means all time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety - sensitive functions shall include:
❖ Driving a commercial motor vehicle which requires the driver to have a CDL
❖ Waiting to be dispatched to operate a commercial motor vehicle ❖ Inspecting, servicing, or conditioning any commercial motor vehicle ❖ Performing all other functions in or upon a commercial motor vehicle (except resting in a sleeper berth)
❖ Loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloading, remaining in readiness to operate the vehicle, or giving or receiving receipts for shipments being loaded or unloaded ❖ Repairing, obtaining a ssistance, or remaining in attendance upon a disabled vehicle
Under FTA (49 CFR Part 655), you are a covered employee if you perform any of the following safety-sensitive functions for an entity subject to Part 655:
❖ Operating a revenue service vehicle, in or out of revenue service ❖ Operating a non-revenue vehicle requiring a commercial driver’s license ❖ Controlling movement or dispatch of a revenue service vehicle ❖ Maintaining (including repairs, overhaul and rebuilding) of a re venue service vehicle or equipment used in revenue service
❖ Carrying a firearm for security purposes
An employee is considered to be performing a safety sensitive function during any period in which that employee is actually performing, ready to perform, or immediately available to perform any safety sensitive function, including off-site lunch periods and breaks.
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1209.2 Prohibited Conduct
All covered employees are prohibited from reporting for duty or remaining on duty any time there is a quan tifiable presence of a prohibited drug in the body above the minimum thresholds defined in Part 40.
❖ marijuana
❖ cocaine
❖ phencyclidine (PCP)
❖ opioids
❖ amphetamines
All covered employees are prohibited from performing or continuing to perform safety-sensitive functions while having an alcohol concentration of 0.02 or greater.
All covered employees are prohibited from consuming alcohol while performing safety-sensitive job functions or while on -call to perform safety -sensitive job functions. If an on -call empl oyee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty.
If the on -call employee claims the ability to perform their safety-sensitive function, they must take an alcohol test prior to performance.
All covered employees are prohibited from consuming alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
All covered employees are prohibited from consuming alcohol for eight (8) hours following involvement in an accident or until they submit to the post -accident drug and alcohol test, whichever occurs first.
Being under the influence of alcohol, drugs, or any controlled substances while subject to being called to duty, including stand-by time.
Directly or through a third party, manufacturing, selling, distributing, dispensing, otherwise attempting to manufacture, sell, or distribute alcohol, drugs, or controlled substances during work hours, including rest breaks or while on City premises.
Use of City property or premises to manufacture, sell, or distribute alcohol, drugs, or controlled substances.
Absence or tardiness as a result of having been under the influence of alcohol, drugs, or controlled substances during non-work time.
1209.3 Consequences for Violations
1. FTA Consequences
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Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety -sensitive duty and referred to a Substance Abuse Professional.
Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety-sensitive duties for at least eight hours unless a retest results in the employee’s alcohol concentration being than 0.02.
2. FMCSA Consequences
Following a positive drug or alcohol (BAC at or above 0.04) test result or test refusal, the employee will be immediately removed from safety -sensitive duty and referred to a Substance Abuse Professional (SAP).
Following a BAC of 0.02 or greater, but less than 0.04, the employee will be immediately removed from safety -sensitive duties until the start of the employee’s next regularly scheduled duty period, but not less than 24 hours following administration of the test. (If any other consequence, ensure bold text is used)
1209.4 Circumstances for Testing
1. Pre-Employment Testing
Pre-employment alcohol tests are conducted after making a contingent offer of employment or transfer. All pre -employment alcohol tests will be conducted using the procedures set forth in 49 CFR Part 40.
A negative pre -employment drug test result is required before an employee can first perform safety -sensitive functions. If a pre - employment test is cancelled, the individual will be required to undergo another test and successfully pass with a verified negative result before performing safety-sensitive functions.
If a covered employee has not performed a safety -sensitive function for 90 consecutive calendars days, and has not been in the random testing pool during that time, the employee must take and pass a pre - employment test before they can return to a safety-sensitive function.
A covered employee or applicant who has previously failed or refused a DOT pre -employment drug and/or alcohol test must provide proof of having successfully completed a referral, evaluation, and treatment plan meeting DOT requirements.
FMCSA Drug Testing Exceptions - A driver is not required to undergo a pre-employment test if:
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1) The driver has participated in a DOT te sting program within the previous 30 days; and
2) While participating in that program, either:
i. Was drug tested within the past six months (from the date of application with City of Cathedral City), or
ii. Participated in the random drug testing program for the previous 12 months (from the date of application
with City of Cathedral City); and
3) City of Cathedral City can ensure that no prior employer of the driver of whom City of Cathedral City has knowledge has records of a violation of this part or the controlled substances use rule of another DOT agency within the previous six months
2. Reasonable Suspicion Testing
All covered employees shall be subject to a drug and/or alcohol test when the City has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. A reasonable suspicion referral for testing will be made by a trained supervisor or other trained manager based on the basis of specific, contemporaneous, articulable observations concerning the appeara nce, behavior, speech, or body odors of the covered employee.
Covered employees may be subject to reasonable suspicion drug testing any time while on duty. Covered employees may be subject to reasonable suspicion alcohol testing while the employee is perf orming safety - sensitive functions, just before the employee is to perform safety - sensitive functions, or just after the employee has ceased performing such functions.
3. Post-Accident Testing
a) FTA Procedures
Covered employees shall be subject to FTA post -accident drug and alcohol testing under the following circumstances:
• Fatal Accidents
As soon as practicable following an accident involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee operating the public transportation vehicle at the time of the accident. In addition, any other covered employee whose performance could have contributed to the
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accident, as determined by City of Cathedral City using the best information available at the time of the decision, will be tested.
• Non-fatal Accidents
As soon as practicable following an accident not involving the loss of a human life, drug and alcohol tests will be conducted on each covered employee operating the public transportation vehicle at the time of the accident if at least one of the following conditions is met:
1) The accident results in injuries requiring immediate medical treatment away from the scene, and the covered
employee may have contributed to the accident
2) One or more vehicles incurs disabling damage and must be towed away from the scene , and the covered
employee may have contributed to the accident
3) The vehicle is a rail car, trolley car or bus, or vessel, and is removed from operation, and the covered employee
may have contributed to the accident
In addition, any other covered employee w hose performance could have contributed to the accident, as determined by the City using the best information available at the time of the decision, will be tested.
A covered employee subject to post -accident testing must remain readily available, or it i s considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
b) FMCSA Procedures
Covered employees shall be subject to FMCSA post -accident drug and alcohol testing under the following circumstances:
• Fatal Accidents
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in
commerce, and involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee who wa s performing safety -sensitive functions with respect to the vehicle.
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• Non-fatal Accidents
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in
commerce, and not involving the loss of a human life, an alcohol test will be conducted on each driver who receives a citation within eight (8) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
1) The accident results in injuries requiring immediate medical treatment away from the scene; or
2) One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck
or other motor vehicle.
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, a drug test will be conducted on each driver who receives a citation within thirty -two (32) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
1) The accident results in injuries requiring immediate medical treatment away from the scene; or
2) One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck
or other motor vehicle.
A covered employee subject to post-accident testing must remain readily available, or it is considered a refusal to test. Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.
4. Random Testing
Random drug and alcohol tests are unannounced and unpredictable, and the dates for administering random tests are spread reasonably throughout the calendar year. Random testing will be conducted at all times of the day when safety-sensitive functions are performed.
Testing rates wi ll meet or exceed the minimum annual percentage rate set each year within each DOT agency. The current year testing rates can be viewed online at http://www.dot.gov/odapc/random-testing- rates. If a given driver is subject to random testing under the rules of
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more than one DOT agency, the driver will be subject to random drug and alcohol testing at the annual percentage rate established by the DOT agency regulating more than 50% of the driver’s function.
The selection of employees for random drug and alcohol testing will be made by a scientifically valid method, such as a random number table or a computer -based random number generator. Under the selection process used, each covered employee will have an equal chance of being tested each time selections are made.
A covered employee will only be randomly tested for alcohol misuse while the employee is performing safety -sensitive functions, just before the employee is to perform safety -sensitive functions, or just after the employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty.
Each covered employee who is notified of selection for random drug or random a lcohol testing must immediately proceed to the designated testing site.
Random testing under the FTA may occur anytime an employee is on duty so long as the employee is notified prior to the end of the shift.
Employees who provide advance, verifiable notice of scheduled medical or child care commitments will be random drug tested no later than three hours before the end of their shift and random alcohol tested no later than 30 minutes before the end of their shift. Verifiable documentation of a previousl y scheduled medical or child care commitment, for the period immediately following an employee’s shift, must be provided at least [City decides how far in advance they must be notified] hours before the end of the shift.
5. Return to Duty Testing
Any emp loyee who is allowed to return to safety -sensitive duty after failing or refusing to submit to a DOT drug and/or alcohol test must first be evaluated by a substance abuse professional (SAP), and provide a negative drug and/or alcohol test result. All test s will be conducted in accordance with 49 CFR Part 40, Subpart O.
6. Follow-up Testing
Employees returning to safety -sensitive duty following leave for substance abuse rehabilitation will be required to undergo unannounced follow-up alcohol and/or drug testi ng for a period of one (1) to five (5) years, as directed by the SAP. The duration of testing will be extended to account for any subsequent leaves of absence, as necessary. The type (drug and/or alcohol), number, and frequency of such follow -up
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testing shall be directed by the SAP. All testing will be conducted in accordance with 49 CFR Part 40, Subpart O.
1209.5 Testing Procedures
All FTA drug and alcohol testing will be conducted in accordance with 49 CFR Part 40, as amended. The procedures regarding alcohol and drugs testing will be provided upon employee request to the Human Resources Manager. Analytical urine-controlled substance testing and breath testing for alcohol will be conducted as required under the DOT guidelines.
1209.6 Test Refusals
As a covered employee, you have refused to test if you:
1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City.
2) Fail to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre -employment test has not refused to test.
3) Fail to attempt to provide a breath or urine specimen. An employee who does not provide a urine or breath specimen because they left the testing site before the testing process commenced for a pre -employment test has not refused to test.
4) In the case of a d irectly-observed or monitored urine drug collection, fail to permit monitoring or observation of your provision of a specimen.
5) Fail to provide a sufficient quantity of urine or breath without a valid medical explanation.
6) Fail or decline to take a second te st as directed by the collector or City for drug testing.
7) Fail to undergo a medical evaluation as required by the MRO or City’s Designated Employer Representative (DER).
8) Fail to cooperate with any part of the testing process. 9) Admit to the adulteration or s ubstitution of a specimen to the collector or MRO.
10) Fail to remain readily available following an accident.
As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
As a covered employee, if you refuse to take a drug and/or alcohol test, you incur the same consequences as testing positive and will be immediately removed from performing safety-sensitive functions, and referred to a SAP.
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1209.7 Prescription Drug Use
No prescription drug shall be possessed or used by an employee other than the employee for whom the drug is prescribed by a licensed medical practitioner. A prescription drug shall be used only in the manner, combination, and quantity prescribed. An emp loyee must advise their supervisor of the use or influence of any prescription drug prior to beginning work, when taking the medication or drug could interfere with the safe and effective performance of duties, or the operation of a City vehicle or heavy m achinery, such that the employee poses a direct threat to the health and safety of himself/herself or others.
An employee’s failure to provide this notice in a timely manner can result in discipline, up to and including termination. In the event there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.
1209.8 Notifying the City of Any Criminal Drug Status Conviction
In accordance with the Drug -Free Workplace Act of 1988, an employee must immediately notify the City of any criminal drug statute conviction of a violation that occurred in the workplace no later than five days after such conviction. Any employee who fails to provide this notice will be subject to discipline, up to and including termination.
1209.9 Consequences for Violation Of This Policy
1) Discipline
Any violation of this Policy may result in discipline, up to, and including termination. Discipline may be imposed regardless of whether or not an employee is convicted of any crime related to any violation of this Policy.
Any violation of this Policy th at may constitute criminal conduct or violation of the DOT regulations may be reported to the appropriate law enforcement agencies and/or subject the employee to civil penalties.
2) Removal from Work Site
Employees reasonably believed to be under the influen ce of alcohol, drugs, or controlled substances shall be immediately prevented from engaging in further work and shall be detained for a reasonable time until they can be safely transported from the work site.
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3) Removal of Safety Sensitive Functions
An empl oyee whose alcohol test indicates an alcohol
concentration level between .02 and .04 will be removed from their safety sensitive position for at least 24 hours. An employee whose alcohol test indicates an alcohol concentration level greater than .04 will be removed from their safety sensitive position for a period to be determined by the Department head, or Human Resources Manager.
If an employee tests positive for drugs or controlled substances, the employee may not perform safety sensitive functions unt il satisfying the following requirements:
a) The employee must be retested and receive a verified negative result; and
b) When referred to a Substance Abuse Professional, the employee must complete any course of rehabilitation and submit to a return-to-duty tes t, as developed with the assistance of the Substance Abuse Professional. The City is not required to pay for this type of treatment. [Note to Employer: this is subject to any existing management labor agreements and health care benefits. 49 C.F.R. § 40.289.]
A Substance Abuse Professional is a licensed physician, psychologist, social worker, or addiction counselor with knowledge of and clinical experience in the diagnosis and treatment of alcohol, drug, and controlled substance abuse disorders.
4) Termination for Inability to Perform Essential
Functions
After the City has complied with any legal obligation to reasonably accommodate an employee’s protected disability, the City may terminate an employee who is unable to perform the essential functions of the job.
1209.10 Records Keeping and Confidentiality
The City is obligated to maintain records of the administration, including violations, of this Policy for a period of five years.
Any laboratory reports and test results shall not appear in an employee’s general personnel folder but will be contained in a separate, confidential medical folder that will be securely kept under the control of the Human Resources Manager.
The report or test results may be disclosed to City management on a strictly
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need-to-know basis and to the tested employee upon request. Disclosures, without patient consent, may also occur under the following situations:
1) When the information is compelled by law or by judicial or administrative process;
2) When the information has been placed at issue in a formal dispute between the employer and employee;
3) When the information is to be used in administering an employee benefit plan; or
4) When the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.
5) When requested by the DOT or any state or local officials with regulatory authority over the City or any of its safety sensitive employees.
1209.11 Rehabilitation
The City encourages employees to us e City -sponsored employee assistance programs voluntarily to assist them in resolving any alcohol, drug, or controlled substance abuse problems. Employees should contact their supervisor, Department head, or Human Resources Manager for additional informat ion, including further information concerning the dangerous effects of alcohol misuse and drug use on an employee’s health, work, and personal life. The City is committed to providing reasonable accommodation to those employees whose alcohol or drug abuse problem classifies them as disabled under federal and/or state law.
While the City will be supportive of those who seek help voluntarily, the City will be firm in identifying and disciplining those who continue to be substance abusers and who do not seek help or continue substance abuse even while enrolled in counseling or rehabilitation programs. Therefore, the City may require employees to use employee assistance programs, and in addition to mandatory referrals to a Substance Abuse Professional where applicable.
1210 USE OF CITY OF CATHEDRAL CITY EQUIPMENT OR RESOURCES
1210.1 Policy and Applicability
City of Cathedral City equipment and resources may only be used to conduct City of Cathedral City business, except for incidental personal use that is consistent with this Policy. As a result, City of Cathedral City equipment and resources are non-public forums. Every City of Cathedral City employee is required to adhere to this Policy.
1210.2 Agency Equipment or Resources
City of Cathedral City equipment or resources is any City of Cathedral City-owned or supplied item or resource, including, but not limited to: intellectual property
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(e.g., photographs, plans, drawings, formulas, customer lists, designs, formulas), vehicles, telephones, cell phones, pagers, tools, machines, supplies, copy machines, facsimile machines, desks, office equipment, computers (including hardware and software), file cabinets, lockers, Wi -Fi, internet, intranet, City of Cathedral City network, data systems, routers, voice mail, servers, and email or voice mail communications stored in or transmitted through City of Cathedral City electronic resources or equipment.
1210.3 No Expectation of Privacy
The City of Cathedral City periodically and without prior notice, monitors, reviews, accesses, or retrieves data from its eq uipment or resources, including electronic communications and content contained in or transmitted through City of Cathedral City networks or electronic resources. City of Cathedral City employees must provide the agency with the employee’s username or password for any City of Cathedral City issued equipment or resource. The existence of passwords or delete functions does not restrict the City of Cathedral City access.
As a result, City of Cathedral City employees have no expectation of privacy in their use of any City of Cathedral City equipment or resources.
1210.4 Appropriate Use Only – No Misuse
Employees may only use City of Cathedral City equipment or resources in compliance with City of Cathedral City policies. Except as authorized by this Policy, employees are expected to avoid any use or communication which is unrelated to City of Cathedral City business, destructive, wasteful, or illegal. The City of Cathedral City has discretion to restrict or rescind employee access to City of Cathedral City equipment or resources. The following are examples of misuse of City of Cathedral City equipment or resources:
a) Any use that violates applicable law and/or City of Cathedral City policies, rules or procedures;
b) Exposing others to material which is offensive, harassing, obscene or in poor taste. This includes information which could create an intimidating, offensive or hostile work environment;
c) Any use that may create or further a hostile attitude or give offe nse on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law; d) Communication of confidential City of Cathedral City information to unauthorized individuals within or outside of City of Cathedral City; e) Unauthorized attempts to access or use City of Cathedral City data or break into any City of Cathedral City or non-City of Cathedral City system; f) Theft or unauthorized transmission or copying of paper or electronic files or data;
g) Initiating or sustaining chain/spam letters, e -mail or other unauthorized mass communication;
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h) Misrepresentation of one’s identity for improper or illegal purposes; i) Personal commercial or business activities (e.g. “for sale” notices, personal ads, etc.);
j) Transmitting/accessing obscene material and/or pornography; k) E-Commerce;
l) Online gambling;
m) Installing or downloading unauthorized software or equipment; n) Violating terms of software licensing agreements; and o) Using City of Cathedral City equipment or resources to access and/or use dating web resources, personal social media, or games of any type. p) Any unauthorized access to City of Cathedral City equipment or resources, including: using keys or key cards; using or disclosing the username or password of another person or employee to gain access to their email or other electronic resources; or making City of Cathedral City equipment or resources available to others who would otherwise have no authorized access.
q) Using City of Cathedral City equipment or resources to speak on the City of Cathedral City’s behalf without authorization.
1210.5 City of Cathedral City Email Address Must be Used for City of Cathedral City Business
The City of Cathedral City’s email system is an official communication tool for City of Cathedral City business. The City of Cathedral City establishes and assigns official email addresses to each employee as the City of Cathedral City deems necessary. Employees must send all City of Cathedral City communications that are sent via email to and from their official City of Cathedral City email address.
Employees are prohibited from using their private email address (e.g., Gmail, yahoo, MSN/Hotmail, etc.) when communicating City of Cathedral City business via email. Shou ld an email related to City of Cathedral City business be sent to an employee’s personal email account, the email should be immediately forwarded to the employee’s City of Cathedral City email account and responded to accordingly.
1210.6 Incidental Personal Use of City of Cathedral City Communications Equipment Permitted
Employees may use City of Cathedral City telephones, cell phones, internet access, and e-mail for incidental personal communications provided that the use:
a) Is kept to a minimum and limited to break times or non-working hours; b) Does not interfere or conflict with City of Cathedral City operations or the work performance of any City of Cathedral City employees; c) Allows the employee to more efficiently perform City of Cathedra l City work;
d) Is not abusive, illegal, inappropriate, or prohibited by this Policy (for example, no social media use, no electronic dating, no gaming); and
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e) Clearly indicates it is for personal use and does not indicate or imply City sponsorship or endorsement.
1212 POLICY AGAINST VIOLENCE IN THE WORKPLACE
1212.1 Safe and Secure Workplace
The City of Cathedral City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City of Cathedral City business is conducted, including vehicles and parking lots. Any vi olation of this Policy may lead to criminal prosecution, and/or disciplinary action, up to and including termination.
1212.2 Prohibited Behavior
Employees are prohibited from participating in or promoting acts of intimidation, violence, threats, coerc ion, assault and/or abusive behavior toward any person while in the course of the City of Cathedral City employment. The City of Cathedral City will not tolerate any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.
1212.3 “Workplace Violence”
“Workplace violence” is defined as any conduct that causes an individual to reasonably fear for their personal safety or the safety of their family, friends, and/or property.
Specific examples of workplace violence include, but are not limited to, the following:
a) Threats or acts of physical harm directed toward an individual or their family, friends, associates, or property;
b) The destruction of, or threat of destruction of City of Cathedral City property or another employee’s property;
c) Fighting, challenging another person to fight, or participating in dangerous or threatening horseplay;
d) Striking, punching, slapping, or assaulting another person; e) Grabbing, pinching, or touching another person in an unwanted way whether sexually or otherwise;
f) Harassing or threatening phone calls;
g) Surveillance;
h) Stalking; and
i) Possessing a weapon(s) during work hours unless the City of Cathedral City issues the weapon(s) for performance of the job. “Weapon” is defined as a firearm, chemical agent, club or baton, knife, or any other device, tool, or implement that can cause bodily harm if used as a weapon or displayed in such a manner to cause harm or threaten a person with harm.
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1212.4 Incident Reporting Procedures
a) Employees must immediately report to their supervisor or department director whether they have been a victim of, or have witnessed, workplace violence. The supervisor or department director will immediately report the matter to the Human Resources Manager.
b) The Human Resources Manager or designee will document the incident, including the employee names(s), date/time, location, incident description, witness names and statements, description of unidentified parties, description of the act(s) and/or behavior arising from the incident, act ion taken, and provide any other relevant information regarding the incident. c) The Human Resources Manager or designee will take appropriate steps to provide security, such as:
i. Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation; ii. Asking any threatening or potentially violent person to leave the site; or
iii. Immediately contacting an appropriate law enforcement agency.
1212.5 Investigation
The Human Resources Manager will see that reported violations of this Policy are investigated as necessary.
1212.6 Prevention
Each department head has authority to enforce this Policy by:
a) Training supervisors and subordinates about their responsibilities under this Policy;
b) Assuring that reports of workplace violence are accurately and timely documented and addressed;
c) Notifying the Human Resources Manager and/or law enforcement authorities of any incidents;
d) Making all reasonable efforts to maintain a safe and secure workplace; and
e) Maintaining records and follow up actions as to reports of workplace violence.
1214 APPEARANCE STANDARDS
1214.1 Basis for Standards
These dress code, tattoo, and body piercing appearance standards are designed to promote the City of Cathedral City legitimate and non-discriminatory goals to
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promote workplace safety and a professional image that is consistent with the employee’s job duties and level of public contact.
1214.2 Dress Code
Employees are required to dress appropriately for the jobs they are performing.
The following dress code regulations shall apply to all City of Cathedral City employees. If an employee has questions about how these standards apply to them, the matter sho uld be immediately raised with their supervisor for consideration and determination:
a) All clothing and footwear must be neat, clean, in good repair, and appropriate for the work environment and functions performed; b) Prescribed uniforms and safety equipment must be worn; c) Hair must be neat, clean and well-groomed;
d) Beards, mustaches, and sideburns must be maintained in neat and well - groomed fashion:
e) Jewelry that does not pierce the skin is acceptable except where it constitutes a health or safety hazard:
f) Good personal hygiene is required: and
g) Dress must be professionally appropriate to the work setting, particularly if the employee has contact with the public at work.
1214.3 Tattoos
Employees are expected to project a professional appearance while at work and must abide by the standards below. If an employee has questions about how these standards apply to them, the matter should be immediately raised with their supervisor for consideration and determination.
a) No tattoos are allowed anywhere on the head, face, or neck; b) Any visible tattoos shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, extremist, and/or gang-related; c) Any non-conforming tattoos will be covered with clothing, bandage or makeup while at work, or removed.
1214.4 Piercing
Employees are expected to project a professional appearance while at work and not endanger themselves or others with excessive body piercing. If an employee has questions about how these standards apply to them, the matter should be immediately raised wit h their supervisor for consideration and determination.
a) No objects, articles, jewelry or ornamentation of any kind shall be attached to or through the skin if visible on any body part including the tongue or any part of the mouth except that reasonably -sized pierced earrings may be worn;
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b) Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer.
1216 TELEWORKING POLICY
1216.1 Purpose
The purpose of the policy is to allow certain employees, subject to their execution of a Teleworking Agreement, to Telework from an Alternative Worksite for some or all of their regularly scheduled work hours and to ensure that, for the duration of such Te lework, employees perform their job duties, and in so doing provide quality work in a timely manner, and to the benefit of the public.
1216.2 Definitions
“Alternative Worksite” means the employee’s home, place of residence or from another location appr oved by the city other than the employee’s normal workplace at a city worksite or facility.
“Telework(ing)” means a work arrangement under which an employee works from their home, place of residence or from another location other than the employees’ norma l workplace at a city worksite or facility (“Alternative Worksite”) for all or a portion of their regularly scheduled work hours.
1216.3 Scope of Policy and Covered Individuals
This policy covers Teleworking voluntarily requested, subject to certain conditions and requirements.
1216.4 Voluntary Teleworking Arrangements
The city may allow Teleworking for certain eligible employees who request to Telework.
1216.4.1 Eligibility Criteria
The City Manager or their designee, possesses the discretionary authority to determine the job classifications, positions, and employees who are eligible to telework under this policy.
The City Manager, or their designee, may make such determination using criteria including, but not limited to, the following:
a) The operational needs of the agency and employee’s
department and division;
b) The disruption of or potential for disruption to the agency’s functions;
c) The ability of the employee to perform their job duties
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(both essential and margina l) from an Alternative
Worksite without diminishing the quantity or quality
of the work performed;
d) The degree to which the employee’s job functions
require face -to-face interaction with other agency
employees, contractors and members of the public;
e) The e mployee’s job performance, as determined by
their last performance review;
f) The employee’s length of service with the agency,
department or division;
g) The portability of the employee’s work, including the employee’s ability to remotely access tools,
equipment, and materials necessary to perform their
job functions;
h) The availability of or ability to create a functional, reliable, healthy, safe, and secure Alternate Worksite
for the employee at a reasonable cost;
i) The risk factors associated with performing t he
employee’s job duties from a location other than the
employee’s normal workplace at an agency worksite;
j) The agency’s capacity to monitor and measure the
employee’s work performance at the Alternate
Worksite;
k) The employee’s supervisory responsibilities;
l) The employee’s need for supervision; and
m) Other considerations deemed necessary and
appropriate by the agency, including tax and other
legal implications of teleworking.
1216.4.2 Process for an Employee to Request to Telework
To make a request for a Teleworking arrangement, employees must complete a Voluntary Telework Request Form and file the completed request form with their supervisor or manager.
The employee’s supervisor or manager will provide the request form to the Department Director, or their designee, and will discuss the employee’s request with the Department Director, or their designee.
In consultation with or based on information provided by the employee’s supervisor or manager, the Department Director will consult with human resources to make a determination regarding the employee’s request to telework.
The Department Director will consider Teleworking requests on a case - by-case basis consistent with the criteria above and other factors relevant to the employee’s request to telework.
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1216.4.3 Final Determination; No Right to Appeal
The decision of the Department Director regarding an employee’s Teleworking request is final and binding. Neither the employee nor the employee’s employee organization possesses any right to appeal or grieve the decision.
1216.4.4 Approval of Requests; Voluntary Telework Agreement
An eligible and qualified employee who has requested and been granted the opportunity to Telework, must execute a Voluntary Teleworking Agreement (“Agreement”) prior and as a precondition to the employee teleworking.
The Agreement shall provide the mutual understanding of the employee, the employee’s supervisor or manager, and the Department Director concerning the teleworking arrangement.
1216.5 Mandatory Teleworking Arrangements during Exigent Circumstances
Where an exigent circumstance exists, the city may direct city employees to remain at their homes or places of residence and the city adopt and implement a short-term teleworking arrangement for such employees in order to provide for the continuity of essential services provided by the city.
Exigent circumstances mean a situation in which there is an imminent threat of extreme peril to life, property and resources. Exigent circumstances may include, but are not limited to, war, public health emergencies, power failures, natural and man-made disasters, and other states of emergency.
Where such an exigency exists and necessitates the adoption and implementation of a short-term mandatory teleworking arrangement for city employees, the City Manager is expressly authorized to suspend some or all provisions of this policy and adopt and implement alternative provisions necessary to provide for the continuity of essential services.
1216.6 Duties, Obligations and Responsibilities for Teleworking Employees
Teleworking employees must adhere to the provisions set forth in these policies, including, but not limited to the following:
1216.6.1 General Duties, Obligations, and Responsibilities
a) All existing duties, obligations, responsibilities and conditions of employment remain unchanged. Teleworking employees
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shall abide by all city and departmental policies and
procedures, rules and regulations.
b) All of the Teleworking employees’ existing supervisory relationships, lines of authority and supervisory practices remain in effect.
c) Teleworking employees authorized to perform wor k at an Alternate Worksite must meet the same standards of
performance and professionalism expected of city
employees in terms of job responsibilities, work product, timeliness of assignments, and contact with other city employees and members of the public.
d) Teleworking employees are required to be accessible in the same manner as if they are working at a city worksite or facility during the established teleworking Work Schedule, regardless of the designated location for teleworking, or Alternate Worksite. T eleworking employees must be
accessible via telephone, email, and/or network access to their supervisor and other city employees while Teleworking, as if working at their city worksite. Teleworking employees shall check their city related business phone me ssages and emails on a consistent basis, as if working at their city worksite.
1216.6.2 Work Schedule, Leave, Benefits
a) Employees shall continue to abide by city policies and procedures for requests of sick, vacation and other leaves of absences. If an employee becomes ill while working under the Agreement, they shall notify their supervisor or manager immediately and record on their timesheet any hours not worked due to illness and/or incapacitation.
b) Teleworking employees’ salary and ben efits remain
unchanged during the Teleworking arrangement.
c) Workers’ Compensation benefits will apply only to injuries arising out of and in the course of employment as defined by Workers’ Compensation law. Teleworking employees must
report any such work -related injuries to their supervisor or manager immediately. The city shall not be responsible for injuries or property damage unrelated to such work
activities, including injuries to third -persons when said injuries occur at the Alternate Worksite.
1216.6.3 Space and Equipment, Information Security, Confidentiality
a) Teleworking employees will either receive approval to use personal computer equipment or will be provided with city- issued equipment at the discretion of the City Manager.
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b) If the city provided any city-issued equipment, teleworking employees agree to follow the city’s policy for the use of such equipment. Teleworking employees must report to their
supervisor any loss, damage, or unauthorized access to city owned equipment, immediately upon discovery of such loss, damage, or unauthorized access.
c) Where, in response to a request to Telework, the city allows an employee to Telework, the city shall not be responsible for Teleworking costs, including, but not limited to, the employee’s use of their h ome or place of residence, their personal computer, utilities, internet, data, network costs, home maintenance, workspace furniture, ergonomic
equipment, or any other incidental costs, unless expressly provided for in the Agreement.
d) Employees must take reasonable precautions to ensure their devices (e.g., computers, laptops, tablets, smart phones, etc.) are secure before connecting remotely to the city’s network and must close or secure all connections to city desktop or system resources (e.g., remote deskt op, VPN connections, etc.) when not conducting work for the city.
Employees must maintain adequate firewall and security
protection on all such devices used to conduct city work from the Alternate Worksite.
e) Teleworking employees shall exercise the same pr ecautions to safeguard electronic and paper information, protect
confidentiality, and adhere to the city’s records retention policies, especially as it pertains to the California Public Records Act (“CPRA”). Teleworking employees must
safeguard all sensitive and confidential information (both on paper and in electronic form) relating to city work they access from the Alternate Worksite or transport from their city worksite to the Alternate Worksite. Teleworking
employees must also take reasonable precautions to prevent third parties from accessing or handling sensitive and
confidential information they access from the Alternate Worksite or transport from their city worksite to the
Alternate Worksite. Teleworking employees must return all records, documents, and correspondence to the city at the termination of the Agreement or upon request by their
supervisor or manager, Department Director or Human
Resources.
1216.6.4 Miscellaneous
a) Teleworking employees must notify their supervisor or manager promptly when unable to perform work
assignments because of equipment failure or any other
unforeseen circumstances.
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b) Teleworking employees must have access to an Alternate Worksite that is quiet and free of distractions and which has reliable and secure power, internet and/or wireless access. c) Teleworking employees shall ensure that all official city documents are retained and maintained according to the
normal operating procedures in the same manner as if
working at a city worksite.
d) Teleworking employees must ensure dependent care will not interfere with work responsibilities.
1216.7 Ad Hoc Arrangements
Temporary telecommuting arrangements may be approved for circumstances such as, special projects or business travel. These arrangements are approved on an as -needed basis only, with no expectation of ongoing continuance.
Other informal, short-term arrangements may be made for employees on family or medical leave to the extent practical for the employee and the organization and with the consent of the employee’s health care provider, if appropriate.
All informal telecommut ing arrangements are made on a case -by-case basis, focusing first on the business needs of the organization.
The City Manager, or their designee, possesses the discretionary authority to determine the job classifications, positions, and employees who are eligible.
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Staff Report
City Council
Item No. 6.B
Meeting Date: September 14, 2022
From: George Crum, Police Chief
Title: PSEC Motorola System Integration, Support and SUA Services Agreement
City Council
RECOMMENDATION:
To approve the Motorola System Integration, Support and SUA II Lifecycle Services Agreement.
BACKGROUND:
On March 24 th, 2021, Council was presented with information regarding the current ERICA (Eastern Riverside Interoperable Communications Authority) radio system and the need for seamles s interoperability throughout Riverside County. At that time, Council provided direction to move forward with joining PSEC (Public Safety Enterprise Communications).
On November 10, 2021, City Council approved the purchase of PSEC compatible handheld and mobile radios to continue our transition from ERICA to PSEC. Currently the new radios are at the County of Riverside’s communications shop being programmed. Additionally, ERICA was provided notice of Cathedral City’s intent to withdraw from the ERICA JPA (Joint Powers Agreement) effective 07-01-2023.
Per the JPA agreement, Cathedral City was required to provide twelve months’ notice of withdrawal due to housing the backbone of the ERICA radio system. One of the final steps to full conversion to PSEC is h aving the software of the dispatch consoles updated to integrate with the PSEC radio system. Motorola has provided an integration agreement to take this final step.
DISCUSSION:
To move into the final phase of our communications transition from ERICA to PSEC, we must complete mandatory upgrades to our current dispatch consoles and purchase three consolettes. This mandatory upgrade will provide interoperability and compatibility with PSEC. Motorola has provided pricing of $187,381 for all the necessary upg rades and updates that are required for our dispatch consoles to complete the transition to PSEC. Motorola has also provided pricing for a six -year SUA (service upgrade
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agreement) and technical support agreement. Both agreements are billed annually, and the six-year term aligns with PSEC’s current contract end date with Motorola for their SUA and technical support. The total cost for the six -year technical support totals $72,150 and the total cost of the SUA is $139,402.
In 2020 and 2021 , Cathedral City Po lice Department applied and was approved for grant funding through the State Homeland Security Program to offset our costs of the transition from ERICA to PSEC. Cathedral City Police Department was awarded $142,280 to be dispersed in 2022 and $102,000 to b e dispersed in 2023. Of the $142,280 to be dispersed in 2022, $109,280 has been approved to be used for the integration services and $33,000 has been approved for the purchase of three replacement PSEC compatible consolettes. Upon approval of the 2020 SHSP grant by City Council, the cost of the Motorola Migration Services will be covered with no budget amendment needed in the 2022-2023 budget year. I anticipate bringing the 2021 SHSP grant, before City Council for approval , in the amount of $102,000, in February of 2023.
In subsequent budget years, the Police department will include the annual costs of the technical Support Agreement and the Service Upgrade Agreement in its bi -annual budgeting process.
FISCAL IMPACT:
Motorola Migration Services $187,381 (Funded by the SHSP Grant)
Technical Support Agreement- Future Police Department Budgets:
FY 23-24 $ 5,725
FY 24-25 $12,021
FY 24-25 $12,623
FY 25-26 $13,253
FY 26-27 $13,916
FY 27-28 $14,612
Total $72,150
Service Upgrade Agreement- Equipment Replacement Fund Budget:
FY 23-24 $12,546
FY 24-25 $25,178
FY 24-25 $25,270
FY 25-26 $25,366
FY 26-27 $25,467
FY 27-28 $25,574
Total $139,402
Grand Total: $398,933
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ATTACHMENTS:
price page
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Staff Report
City Council
Item No. 6.C
Meeting Date: September 14, 2022
From: John Corella, Director of Engineering/Public Works Title: Approve the FY 2020-2021 CDBG CAPER
City Council
RECOMMENDATION:
To approve the City's Community Development Block Grant (CDBG) FY 2021 -2022 Consolidated Annual Performance Evaluation Report (CAPER) and Analysis of Impediments to Fair Housing (AI) for submittal to the U.S. Department of Housing and Urban Development (HUD).
BACKGROUND:
The CDBG program is a fe deral program administered by HUD. The City has received CDBG funds directly from HUD since 2012 when it became an Entitlement Grantee.
CDBG funding is used to address a variety of housing and community development needs, which are prioritized during the five-year Consolidated Plan (ConPlan) process.
As a requirement of the CDBG program, local jurisdictions need to comply with various reporting requirements, such as the ConPlan, Annual Action Plan (AAP), and the Consolidated Annual Performance and Evaluati on Report ( CAPER). The ConPlan is a five-year plan that prioritizes community development/housing needs and guides the use of federal funds to meet those needs. The FY 2021 -2022 CAPER is part of the City’s FY 2017 -2021 ConPlan. The AAP identifies projects and activities to be funded and implemented during the fiscal year, and the CAPER reports on the actual accomplishments and expenditures for the fiscal year.
DISCUSSION:
The FY 2021 -2022 CAPER describes the accomplishments and expenditures for projects approved in the FY 2021-2022 AAP. This CAPER represents the City’s fifth and final program year of the FY 2017 – 2021 ConPlan.
The CAPER includes information regarding the amount of funds invested in projects and activities, descriptions of households ass isted by CDBG funds, actions taken to affirmatively further fair housing and other information relevant to the status of grant - funded projects administered by the City to improve local housing and community
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development needs. The following information summ arizes how the City managed its program and utilized its CDBG funds:
The Administrative Allowance for managing the CDBG program is a maximum of twenty percent (20%). This Allowance was used for program administration to manage the overall program process es and planning. Consultants, City S taff salaries, wages and related costs of City Staff involved in program management, monitoring and evaluation were reimbursed from this allocation.
In addition to program administration, the City programmed CDBG funding to Inland Fair Housing and Mediation Board (IFHMB) to accomplish the City’s fair housing goals. For this program year, IFHMB was awarded $18,000. IFHMB was contracted to assist the City in meeting the goals identified in the City’s 2016 Assessment of Fair Housing (AFH) to provide low- and moderate-income residents with information about their fair housing rights relevant to their ability to have access to better living opportunities. IFHMB has met their annual target goals and has fulfilled their contract obligation.
The City also programmed funding to four (4) other local agencies to provide programs and services to the community. For the subrecipients to receive CDBG funding, each subrecipient was required to enter into a written agreement with the City that included CDBG specific language and outlined requirements and goals that needed to be met for the program year. After the agreements were initiated, the subrecipients were able to request reimbursement for work performed. All subrecipients have fulfilled their contract obligation and have met their goals.
The majority of the City's annual award was allocated toward the rehabilitation and reconstruction of public infrastructure in low- and moderate-income areas. For FY 2021- 2022, the City progr ammed $484,166 of CDBG funding to reconstruct a residential street located in Census Tract 449.15 (Block Group 1). The project included removal of existing asphalt pavement, shaping and compacting existing base material and placing asphalt paving (AC), sid ewalk gap closures, concrete driveway approaches, ADA compliant sidewalk ramps, and curb and gutter gap closures, removal and construction of garden walls, lowering and raising utilities to final grade, pavement striping and markings from Dinah Shore Drive to Olancha Road.
At the start of the FY 2021-22 the City had $ 530,365 remaining in CDBG-CV Funding.
In June 22, 2022, City Council approved a substantial amendment, allocating $517,500 of CDBG -CV funds to seven (7) public service pro grams to the communit y. The subrecipients receiving CDBG -CV funding w ere also required to enter into a written agreement with the City that included specific HUD language for CDBG-CV and outlined requirements and goals that needed to be met for the program year.
The following information summarizes how the City managed its program and utilized its CDBG funds:
FY2021-22 ADMINISTRATIVE (20%) BUDGETED SPENT BALANCE
Planning and Administration $107,000 $107,000 $0.00
Inland Fair Housing & Mediation Board
(IFHMB)
$18,000 $18,000 $0.00
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FY2021-22 PUBLIC SERVICES
(15%)
BUDGETED SPENT BALANCE
Angel View Outreach Program $15,000 $15,000 $0.00
CVAG: Homelessness Program $51,500 $51,500 $0.00
Transgender Health and Wellness
Center
$20,000 $20,000 $0.00
WeeCare Child Assistance Program $8,500 $8,500 $0.00
FY2021-22 PUBLIC
IMPROVEMENTS
BUDGETED SPENT BALANCE
Via De Anza Street Improvements
Phase I
$484,166 $484,166 $0.00
FY2021-22 CDBG-CV
(CARES Act)
BUDGETED SPENT BALANCE
Assistance League $15,000 $15,000 $0.00
Cathedral City Senior Center $100,000 $100,000 $0.00
Cathedral City Senior Center: 911
Program
$53,000 $53,000 $0.00
Coachella Valley Rescue Mission $51,500 $51,500 $0.00
Desert Access & Mobility $25,000 $25,000 $0.00
Small Business Assistance Loan
Program
$143,000 $136,111.19
$6,888.81
WeeCare Child Assistance Program $130,000 $130,000 $0.00 Unallocated Funds $12,865 $0.00 $12,865
The FY 202 1-2022 CAPER was prepared utilizing the HUD -required eCon Planning Suite. The Draft CAPER is attached to the Staff Repor t summarizing the most significant accomplishments.
PUBLIC NOTICE:
The City’s Community Participation Plan requires the CAPER be made available for fifteen (15) days to give residents and the rest of the community an opportunity to review and comment on the information being evaluated for submittal. The Draft CAPER was made available from August 17, 2022, through September 1, 2022. Any public comments received will be included to the CAPER as an attachment when submitted to HUD. No comments were received at this time . No public hearing is required for the approval of the CAPER.
Upon City Council approval, the FY 202 1-2022 CAPER will be submitted to HUD for review and acceptance.
ENVIRONMENTAL ANALYSIS:
The action before the City Council is exempt from environmental review pursuant to Section 15060 (c) (2) and (c)(3) of the Guidelines of the California Environmental Quality Act (CEQA) in that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and the activity is not a project
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as defined in Section 15378 of the CEQA Guidelines
FISCAL IMPACT:
The City’s HUD entitlement for FY 2021 -22 was $656,357 of CDBG, $530,365 of CARES Act (CDBG -CV) funds. The City will need to reallocate $19,753.81 from FY 2021-22 AAP to FY 2022 -23 AAP. This Administrative Amendment will be brought before City Council for approval.
ATTACHMENTS:
CDBG FY 2021-22 CAPER
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FISCAL YEAR 2021 - 2022
CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT
(CAPER)
ENGINEERING DEPARTMENT
CDBG PROGRAM
68700 AVENIDA LALO GUERRERO
CATHEDRAL CITY, CA 92234
(760) 770-0349
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CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The Consolidated Plan is carried out through Annual Action Plans that provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan. The City evaluates and reports on accomplishments and progress toward its Consolidated Plan goals in the Consolidated Annual Performance and Evaluation Report (CAPER).
The CAPER is an e valuation of the City of Cathedral City’s (City) use of CDBG funds allocated to sub - recipients (local agencies) to carry out one or more of its National Objectives: 1) Benefits to low and moderate-income persons; 2) Aid in the prevention and elimination of slums or blight; and 3) Meeting a particular urgent need because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. The CAPER also include s financial information describing the amount of CDBG funding invested in activities and projects, descriptions of households assisted through the use of CDBG funds, actions taken to affirmatively further fair housing, and other community -based information correlating to the status of grant-funded projects administered by the City that impact local housing and community development needs.
The City prepared its FY 202 1-2022 CAPER as required by the U.S. Department of Housing and Urban Development (HUD), whic h summarizes the City's allocated and reimbursable funding. The CAPER also describes and documents the Program's annual accomplishments from July 1, 2021, thru June 30, 2022.
In FY 2021-2022, the City received $656,357 of CDBG Funding as the City’s Entitlement Award. CDBG funds were apportioned for community programs and services benefitting low- and moderate-income residents.
The City Council approved the City's Action Plan, which described the programs, services, and projects the City proposed to undertake. The Program included activities that furthered fair housing choice, promoted health and wellness for the senior community, and provided homeless services for individuals and families, as well as increased economic development and accessibility through public improvements. The City spent $517,500 in CDBG-CV funds remaining from previous years funding. These funds were used for public service and economic development.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
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Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source
/
Amoun
t
Indicator Unit of
Measure
Expect
ed
Strategi
c Plan
Actual
–
Strateg
ic Plan
Percent
Comple
te
Expect
ed –
Progra
m Year
Actual –
Program
Year
Percent
Comple
te
Construct
or upgrade
public
facilities
and
infrastructu
re
Non-
Housing
Communit
y
Developme
nt
CDBG:
$484,1
66 Public Facility
or
Infrastructure
Activities
other than
Low/Moderat
e Income
Housing
Benefit
Househol
d
Assisted –
Low/mod
area
1500
9870+
650 =
10,520
Over
100 % 800 650 81%
Expand
Economic
Opportuniti
es
Non-
Housing
Communit
y
Developme
nt
CDBG:
$8500
CDBG-
CV3:
$138,5
00 Business
Assisted jobs
created/retain
ed
Jobs 100 36
36% 25 22 + 14 =
36 Over
100%
Increase
Fair
Housing
AFH Goal CDBG:
$18000
Public service
activities for
Low/Moderat
e Income
Housing
Benefit
Househol
ds
Assisted
1050
3200 +
230 =
3430
Over
100% 200 230 Over
100%
Support
special
needs
programs
and
services
Non-
Homeless
Special
Needs
CDBG:
$15,00
0 Public service
activities –
Disable
Children
Persons
Assisted 200
169 +
115 =
284
Over
100% 40 115 Over
100%
Support
special
needs
programs
and
services
Non-
Homeless
Special
Needs
CDBG:
$20,00
0 Public service
activities -
LGBTQ
Persons
Assisted 150
125
+40 =
165
Over
100 44 44 100%
Support
special
needs
programs
and
services
Non-
Homeless
Special
Needs
CDBG-
CV:
$193,0
00 Public services
– Seniors,
Youth,
others,…
Persons
Assisted 1500
3649 +
963 =
4612
Over
100% 300
304 +
54+605=9
63 Over
100%
Homeless
programs Homeless
CDBG:
$51,50
00 Public Service
– Homeless
Persons
Assisted 2500
2779+
776
+483=
3038
Over
100% 500 2779 Over
100%
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Goal Category Source
/
Amoun
t
Indicator Unit of
Measure
Expect
ed
Strategi
c Plan
Actual
–
Strateg
ic Plan
Percent
Comple
te
Expect
ed –
Progra
m Year
Actual –
Program
Year
Percent
Comple
te
/CDBG-
CV
$51,50
00 Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The primary goals of the City's Community Development Block Grant (CDBG) Program are to rehabilitate public infrastructure, further fair housing, provide needed public services, and expand economic opportunities t hroughout the City. CDBG funding is distributed Citywide for programs and services benefitting low- and moderate -income residents. For public improvements, projects are determined based on the HUD Office of Planning and Development’s ( CPD) low moderate income summary data (LMISD) for Cathedral City. The HUD LMISD geographic information system (GIS) Map provides statistical information for each Census Tract and Block Group to determine if the proposed area(s) are low and moderate-income. These Census Tracts are carefully evaluated for project feasibility.
Fair Housing: For FY 2021-2022, Cathedral City utilized CDBG funding for fair housing services to further suitable housing choices. Inland Fair Housing and Mediation Board (IFHMB) continues to be a supporting agency that offers appropriate housing mediation and counseling services to residents of the City.
Throughout the program year, IFHMB provided landlord- tenant mediation services and anti - discrimination services to many residents. IFHMB also provided mobility counseling services by providing public workshops focused on home financing and related assistance to help families obtain homeownership.
Homeless Services: O
ne of the challenges for Riverside County and many of the cities in the Coachella Valley is the homeless epidemic. To reduce the number of homeless in Cathedral City, the City contracted with the Coachella Valley Rescue Mission (CVRM) to conduct outreach and provide emergency services such as overnight shelter, showers, clean clothes, and rehabilitation to homeless individuals and families.
The success of CVRM's efforts was partially attributed to the help and partnership with the Cathedral City Police Department and Code Compliance Staff.
CVRM offered food and shelter to 32 first time homeless individuals that said they were from Cathedral City. These individuals spent an average of 30 days in our emergency shelter where they received, a bed, clean clothes, three meals, medical and behavioral health screening, and transportation to off campus appointments. After 30 days they are given the opportunity to transition into CVRMs long term programs, where they work with workforce development and our staff to begin looking for long term housing and jobs. CVRM is building a laundry facility to use as a training opportunity to our residents, for future employment in casinos, hotels, restaurants, and nursing homes. Every Monday CVRM mobile
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shower trailers are stationed in Cathedral City to assist the homeless with hygiene as well as offering connection to various services.
Public Services
The City also allocated CDBG Program funding to local non -profit agencies that provide programs and services that benefit low- and moderate -income residents including children, seniors, youth, disabled, LGBTQ, and others. Some of the previous year CDBG-CV funding was also programmed for senior services that promote healthier and active lifestyles.
Disable Children Services : Angel View Outreach was launched in 2012 to assist local children with disabilities. Services are provided at no cost to families raising children with disabilities. Nearly all clients are low-income, on Medi-Cal.
Outreach services include:
• Resources and referrals; help completing applications and accessing services • Mileage reimbursement to access specialty pediatric care • Mini-grants for medical equipment, services/supplies not covered by Medi-Cal • Case management, provided by our bilingual staff
• Individualized Education Plan (IEP) advocacy and support • Activity sponsorships for programs that accept children with disabilities • Support groups for parents who are raising children with disabilities
Client diagnoses include acquired head injuries, autism, cerebral palsy, fetal alcohol syndrome, mental retardation, muscular dystrophy, multiple sclerosis, seizure disorders, spastic quadriplegia, spina bifida, cancer, Fragile X syndrome and others.
The agency participated in the following Outreach events:
1- Suicide Awareness & Prevention Strategies
2- Padres con GANAS DATA Made Easy
3- Community Outreach Branch Benefits Cal Training
4- Parents and Local Education Agencies Working Together for Successful IEP 5- Community Partners Meeting
6- Completing & Funding a Special Needs Trust
7- How to Advocate for your IEP Child
8- Riverside Court Law Library Resource Fair
9- IE-CHI Legislative Forum
10- Riverside County Health Coalition Meeting
11- Social Emotional Learning & Whole Child Education
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12- Understanding and Managing Challenging Behaviors
13- Parent workshop: Understanding Adolescent Development 14- Turning 5: Understanding the Kindergarten IEP
15- Coachella Valley Resource
16- Mecca/OHS FRC Service Provider Monthly Updates
17- Child Abuse: Identifying, Responding, and Preventing 18- Facebook Live @ DRD Adaptive Sports & Rec
19- Mecca/OHS FRC Service Provider Monthly Updates
20- Outreach and Engagement
21- Social Emotional Dev. & its Impact on Learning in the Early Childhood 22- Unite Us Information Session- Los Angeles County
23- Teacher-Child Interactions to Nurture Language Development (RTS} 24- Conflict Resolution for Behavioral Health Professionals 25- Inland Empire Fatherhood Summit
26- Making Sense of IEPs
27- Mecca/OHS FRC Service Provider Monthly Updates
28- Spring Forward event - DSUSD
29- Diving Deeper into IEPs
Youth Services: Assistance League Coachella Valley provided clothing and hygiene supplies to disadvantaged students in the City of Cathedral City during the 2021 -2022 school year. The students attended the following Cathedral City elementary schools: Agua Caliente, Cathedral City, Landau, Rio Vista and Sunny Sands . Students in need were identified by school administrators, teachers and community liaisons employed by Palm Springs Unified School District (PSUSD). Names of students were redacted for privacy purposes. Clothing and supplies were distributed to 304 students. Family income was verified.
Senior Services: Cathedral City Senior Center (CCSC) expanded two senior nutrition services, the weekly CCSC Food Bank and the daily warm Congregate Lunch Program. The CCSC Food Bank began in 1998 and provided over 5000 pounds of food annually to more than 400 low -income, unhoused, under-served, or food-insecure families in 2021. Our well- established shopping style model focuses on independence, dignity, and individual preference while providing free groceries for struggling seniors and their families.
In addition, CCSC prepares bags of emergency groceries to be handed out to walk -ins on an as -needed basis. Two types of bags are prepared, one for individuals who have access to a kitchen and one fo r individuals who do not. City funding helps CCSC expand access and serve additional clients by purchasing fresh, nutritious grocery items. In 2022, CCSC doubled its hours and is on track to provide 40,000 lbs. of food to twice as many residents as in 2021.
The second nutrition and hunger -based program provided by CCSC is part of a greater effort through Meals on Wheels (MOW) to provide nutritious, ready -to-eat meals for seniors in need in takeout and
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Congregate dining. The MOW program provides lo w-income seniors and persons with disabilities with daily meals and relief from hunger. Utilizing volunteers and staff, CCSC provides an average of 265 meals each month and over 3,100 meals to 43 unduplicated clients annually. CCSC purchases ready-made meals and frozen and weekend meals from Mizell Center in Palm Springs and stages the meals at CCSC for client pick up or delivery, depending on the client's needs. No senior is turned away because of an inability to pay.
Providing social service, health, insurance referrals, information, resources, and community referrals, from a CCSC, a trusted source in Cathedral City (served 200). Free medical mobility, health supplies, and household goods (served 300). Seniors remain active and plugged into the community through CCSC volunteer work opportunities, helping to provide essential services and member services upon reopening.
Volunteer jobs help seniors stay active and independent longer. More than 100 volunteers offer over 2,000 hours of volunteer service per quarter at CCSC. CCSC provides pandemic-response services online, by phone, in a grab-and-go curbside setting, in-person, and limited delivery. In addition to offering testing and boosters through the first and second quarters, CCSC hosted the next round of b oosters in Quarter Four at the end of April, serving more than 250 people.
CCSC keeps hand sanitizer supplies, gloves, and face masks and places them at popular touchpoints throughout the Center for volunteers, grab -and-go lunch, and food bank participant s. We package bundles of masks and pocket sanitizers in sandwich baggies for public distribution. Also, we provided extra bleach wipes and tissues. We made a few automated robocalls with important news. CCSC Edmundo & Herlinda Carrillo Equity in Aging Initiative—In quarter four, our outreach worker was full-time and spent half her day in community settings where Spanish speakers live, work, and gather.
The Center has increased its Hispanic membership by 20% and its Spanish -language offerings by 25%.
CCSC provides access to onsite senior services and resources. Spanish language options (some available through the help of a translator) include assistance with immigration, access to Medicare and MediCal, IHSS, VA benefits, utility bill assistance, senior housi ng, etc. Despite the long pandemic and extended earned income suppression, CCSC provided scholarships and sliding-scale fees so that no one has yet been turned away. CCSC has established the agency's first donor circle, The Cactus Club, to create monthly giving to sustain the agency. 75 Cactus Club members help the agency to grow financially and in a sustainable way. CCSC served holiday meals on Thanksgiving and Christmas. Also, CCSC offers more than 25 programs weekly and significantly increased social services resources LGBTQ related Services: As a part of The Transgender Health and Wellness Center’s mission to increase equity for marginalized people in our community we have continued our mental health outreach program, with an emphasis on those who have experienced domestic or interpersonal violence. During the program period we hired and trained our Director of Outreach and began connecting people to necessary mental health resources. Our primary form of outreach was via our website and social media. Both methods allowed transgender, gender non-conforming, and intersex (TGI) people to access information on our program as well as get connected directly to our office to speak directly to our team.
For the performance period between August 1, 2021, and April 30, 2022, we helped a total of 44
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individuals get connected to necessary resources. Of those 44 individuals, 22 where white, 19 were Hispanic/Latinx, and 3 were black/African American. All these individuals reached out to us initially via email or phone.
Transportation Services for Elderly and Disable : Desert Access served 54 clients during this period, of which 20 were new to the organization. The remainder were existing clients but first time under this program. A total of 451 one way rides were provided during the program period. Only 5 of the clients identified as disabled; the remainder were elderly that no longer were able to drive safely due to age or lived in assisted living that prevented driving.
Public Improvements
In FY 2021 -2022, the City also allocated CDBG funding for the City low -income area infrastructure and Public Facilities in Via De Anza Street - Phase I. The proposed street improvements included the removal of existing asphalt pavement, shaping, moisturizing, and compacting existing base material and asphalt paving (AC), sidewalk gap closures, concrete driveway approaches, ADA compliant sidewalk ramps, and curb and gutter gap closures, removal and construction of garden w alls, lowering and raising utilities to final grade, pavement striping, and markings from Dinah Shore Drive to Olancha Road along the east side in the City of Cathedral City.
Expand Economic Opportunity:
Childcare Business Assistance: During the Fiscal Year 2021-2022, WeeCare worked towards accomplishing several goals that were set for BOOST’s program year. This program was designed to support 25 microenterprise childcare providers in Cathedral City. WeeCare's Childcare Business and Technical Assistance Program supports family childcare (FCC) providers in operating a sustainable business by supplying them with WeeCare software and support free of charge. Through this program, 25 licensed family childcare providers in Cathedral City receive business and technical assistance, generously funded in partnership with the City and WeeCare. These FCC providers qualify as micro enterprises as they employ less than five employees per location. Providers are considered LMI employers who can serve additional LMI persons. By supporting 25 childcare providers, WeeCare also helped service Cathedral City families.
This program addressed the LMJ national objective in Cathedral City. A few of the goals outlined at the beginning of the 2021-2022 program year included:
● Outreach to existing 68 licensed childcare providers to educate and inform all eligible providers of their eligibility to the WeeCare platform and support services ● Supporting new LMI individuals and providing business and technical assistance through the childcare licensing process to help identify and establish new childcare providers with in Cathedral City
● Supporting 25 microenterprise childcare providers with business and technical support ● Reducing childcare providers administrative workload by an average of 10 hours per week
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● Increasing the childcare providers business capacity and increase their enrollments with LMI eligible families
To roll out the program, WeeCare conducted phone, text, and email outreach to all the licensed childcare providers in Cathedral City to inform them of the BOOST program eligibility and onboard them onto the WeeCare platform to begin receiving business and technical assistance. In its first program year, WeeCare’s BOOST program reached successfully reach 56 of the eligible providers throughout the City and WeeCare enrolled 18 licensed childcare providers who already had existing childcare provider licenses who received immediately business and technical support services for their existing childcare business. In turn the program, also helped to support an additional 232 LMI eligible children and families with communication, family education, and support services such as tuition, curriculum and billing support for both the families and providers. In addition to the 18 existing LMI eligible childcare providers with existing businesses in Cathedral City, WeeCare assisted 22 new LMI eligible persons to start a new childcare business. Number of LMI persons assisted: 40 LMI Childcare Providers and 232 LMI families.
Employment Search Services : During the Fiscal Year 2021 -2022, WeeCare worked towards accomplishing several goals that were set for Back2Work program year. This program was designed to support LMI unemployed families in Cathedral City with access to backup childcare credits to search for work, fill out applications, attend interviews, and anything else needed to secure employment. This program addressed the national objective of benefitting LMJ in Cathedral City. The program supported 14 persons seeking employment.
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CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 4197
Black or African American 76
Asian 103
American Indian or American Native 30
Native Hawaiian or Other Pacific Islander 81
Total 4,487
Hispanic 3217
Not Hispanic 1270
Table 2 – Table of assistance to racial and ethnic populations
Narrative
According to a recent American Community Survey (ACS) estimate , Cathedral City's demographic make- up for racial and ethnicity is: 76.9% of the population is White; of this 76.9% percent, 59.4% is Hispanic or Latino; 3.3% is Black or African American; 4.8% is Asian; 0.7% is American Indian or Alaskan Native; and,
0.1% is Native Hawaiian or Other Pacific Islander. The remaining 14.8% of the City's population is two or more races and/or some other race.
The City is made up of five (5) electoral districts, each with an elected representative. Each district has an equal distribution and mixture of demographics. The City's demographic distribution is spread throughout different areas of the community. The low- and moderate -income areas of the City are also not concentrated or located in a specific location of the City; funding is equitably spread througho ut the jurisdiction. As a result, low- and moderate-income individuals and families, regardless of their race and ethnicity, are equally served and assisted through CDBG programs and services. Other programs and services, not CDBG funded, are also made available to the community. The only qualifying requirement is that these individuals and families are verified as low- and moderate-income residents.
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $656,357 $596,019
CDBG-CV3 public - federal $530,365 $517,500
Table 3 - Resources Made Available
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CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
The City is comprised of a total of twenty (20) Census Trac ts; eight (8) of which have very low, low, and moderate income residents. These eight (8) areas qualify for CDBG funding and assistance as defined by the national objective of eliminating slums and blighted areas.
It is the City's goal to complete a public improvement or public facility project in each of these Census Tracts. As each Annual Action Plan is prepared, the City will propose public improvements in a Census Tract that has not received CDBG funding; thus, promoting equal distribution of program funding.
Identify the geographic distribution and location of investments Target
Area
Planned
Percentage
of Allocation
Actual
Percentage
of Allocation
Narrative Description
Census
Tract
044907
Census
Tract
010600
Census
Tract
044702
Census
Tract
044906
Census
Tract
044915 100% 100%
In FY 2021-2022, the City also allocated CDBG funding for the City low-income area infrastructure and Public
Facilities in Via De Anza Street - Phase I. The proposed street improvements include the removal of existing
asphalt pavement, shaping, moisturizing, and compacting existing base material and asphalt paving (AC), sidewalk gap closures, concrete driveway approaches, ADA
compliant sidewalk ramps, and curb and gutter gap
closures, removal and construction of garden walls,
lowering and raising utilities to final grade, pavement striping, and markings from Dinah Shore Drive to Olancha Road along the east side in the City of Cathedral City.
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CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
Target
Area
Planned
Percentage
of Allocation
Actual
Percentage
of Allocation
Narrative Description
Census
Tract
044916
Census
Tract
044923
Census
Tract
044924
Census
Tract
045000
Citywide
Table 4 – Identify the geographic distribution and location of investments
Narrative
Geographic Distribution of Funds:
A substantial percent of CDBG funds is used in low-income areas for infrastructure and public facilities in order to revitalize all low -income areas of the City. Each year different parts of the City that are low - income are revitalized through infrastructure activities.
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CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Senior Program: Cathedral City Senior Center (CCSC) partners with FIND Food Bank to purchase fresh, frozen, and shelf -stable foods and receives over $130,000 worth of donated food from Trader Joe's, Grocery Outlet, Paner a Bread, Grocery Outlet, Krispy Kreme, McDonald's, and Starbucks #16509 in Cathedral City. The 2023 budget nearly tripled, and the balance sheet (savings) doubled over the past three challenging years. CCSC received a $20,000 Community Impact Award from th e Inland Empire Community Foundation, $25,000 Berger Foundation, $20,000 Margot Fund, $20,000 Dreyfus Foundation, $5,000 Bighorn Cares, and other new grant funding to expand our efforts. The entire staff and board came together with the expertise of event planners, Momentous Events, led by Frank Goldstin, to create the agency's first gala in many years, the successful Club 40 celebration! The sold -out event raised over $100,000.
LGBTQ Program: As this was our first cycle implementing this particular outreach program, our ability to leverage external and community resources were relatively low. We spent this period internally organizing and training staff, as well as preparing ourselves for the next phase. During the next phase of our program, we are planning for a greater use of community resources as we expand our outreach program. We will begin by partnering with local bars and restaurants as well as LGBTQ+ school programs, such as Gay Straight Alliances. Enmeshing ourselves within these community gathering spaces will allow our organization to expand our reach to those who may not organically come across our con tent via web searches or social media. In addition, we are currently seeking funding for our Healing Rainbows program, with the intention of providing LGBTQ+ youth and their families with free mental health care. This in turn will work to improve family dy namics as a means of diverting LGBTQ+ youth from becoming homeless, and as a result participating in high-risk activities, such as sex work that leads to these youths being victims of both assault and domestic violence. By seeking to help families while they are still whole, we hope to tackle the root cause of homelessness among LGBTQ+ people.
Homeless Program: C
oachella Valley Rescue Mission (CVRM) has been in the Coachella Valley since 1971.
We collaborate with Cities, Counties, and State to fund our Rapid Rehousing Department, Emergency Shelter Beds, and our Outreach Programs. Our donor base along with local foundations continue to support CVRM. Desert Aids Project, SAC Healthcare, the local Quality of Life Officers, and local Churches all partner with CVRM to help us succeed.
Cathedral City: T
he City has some CDBG-CV3 left from previous funding and will spend these funds on HUD allowed programs. The CDBG Entitlement Program does not require matching funds. However, the City does use CDBG funds to leverage other funding mechanisms to complete public improvements and expand its programs and services. For instance, the City will continue to leverage CDBG funding combined with matured assessment district funding, other Federal grant funding, gas tax, Measure A, and assistance
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CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
from CVAG to complete some public improvements and meet its strategic goals. The City may also use CDBG funding combined with Road Maintenance and Rehabilitation Account (RMRA)/SB -1 Program funding to increase the scope of improvements in low- and moderate-income areas.
One of the primary objectives for the City is to improve t he public infrastructure in low and moderate- income areas. As part of these efforts, the City also plans to develop more open -space areas into parks and recreational areas in income -qualified Census Tracts. The improvement of these areas and the development of parks create a community benefit for the income-qualified communities and attract and allow other residents to utilize these facilities. According to an article published by the American Planning Association (APA), residents living in low and moderate-income communities who participate in outdoor recreational activities tend to reduce the stressors that impact these communities. The same article further notes that the development of such recreational facilities leads to healthier communities and reduced crime. The City recognizes and agrees with these facts and proactively seeks funding to promote these outcomes.
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CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 0 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City of Cathedral City did not have an affordable housing program this year since COVID has increased for Public Service and Homeless programs . However, the City recently partnered with the County of Riverside (County) to oversee and distribute affordable housing funds in Cathedral City as part of the County's Permanent Local Housing Allocation (PLHA) Program.
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CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
Because the City does not have an affordable housing program, the City refers potential applicants to the County for assistance through their housing authority. The City also connects such benefits with the County’s Continuum of Care (CoC). The CoC is made up of various non-profit and public organizations that provide the necessary resources for combatting homelessness and, therefore, has connections to regional agencies that offer affordable housing programs and services. The CoC's mission is to one day end homelessness by quickly responding to each homeless issue through a concerted regional approach.
Discuss how these outcomes will impact future annual action plans.
In the next Consolidated Plan, the City plans to use CDBG funds for homeowner housing rehab and emergency rehab in Cathedral City. Since the amount of CDBG funds are not adequate to fund all needs during a program year, we must ad dress a few program each year. In the past we have spent funds on infrastructure activities, but we will address housing in the next Consolidated plan.
The Housing Authority of the Riverside County also owns and manages rental units within its jurisdiction.
These units are occupied by families participating in the Affordable Public Housing Program. Families participating in this program pay rent according to their incomes. Approximately 30% of their adjusted gross income is applied toward rents and utilities. This program allows families to select from only the limited available units. The low rents charged by the Housing Authority are subsidized by HUD. Once a family moves from the location, they can no longer receive assistance.
The Section 8 rental voucher program, known as the Housing Choice Voucher Program, provides rental assistance to help very low -income families afford decent, safe, and sanitary rental hou sing. These programs are administered by local public housing agencies (PHAs) authorized under State law to operate housing programs within an area or jurisdiction. The PHA accepts the application for rental assistance, selects the applicant for admission, and issues the selected family a rental voucher confirming the family’s eligibility for assistance. The family must then find and lease a dwelling unit suitable to the family's needs and desires in the private rental market. The PHA pays the owner a porti on of the rent (a housing assistance payment (HAP)) on behalf of the family.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 2779 0
Low-income 28 0
Moderate-income 22 0
Total 2829 0
Table 7 – Number of Households Served
Narrative Information
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CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
As stated, the City does not offer affordable housing programs. Affordable housing services are provided by the Housing Authority of Riverside County. The City has always partnered with the County of Riverside for such programs and services to meet the needs of the community. In the event the County cannot provide the specific assistance needed, the City will refer individuals and families to the Continuum of Care (CoC).
For emergency situations where individuals and families are on the verge of homelessness, the City will coordinate such situations with the Coachella Valley Rescue Mission (CVRM) for overnight shelter. CVRM may provide such services [and other resources] with their collaboration of the Continuum of Care (CoC).
In FY 2021-2022, CVRM was a CDBG subrecipient of the City to provide such services through the CVRM Emergency Services Program. The City contracted CVRM to carry out homeless outreach efforts which may link individuals and families to affordable housing programs. In this effort, CVRM also purchased two trailers to be placed outside the emergency shelter and would provide 50 showers a day. The shower complex would allow showers without entering the mass shelter to help prevent the spread of COVID-19.
Furthermore, partnering with local agencies and non -profit organizations to meet the need of the community is an ongoing objective for the City, as well as, addressing worst case needs. For instance, for all public improvement projects, income qualified or not, the City made it a priority to retrofit and reconstruct any new public ramps and driveway approaches to comply with ADA standards allow better mobility for persons with disabilities. These improvements include making changes to exis ting public parking spaces to accommodate persons with disabilities.
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CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
In FY 2021-2022, the City entered into a contract with the Coachella Valley Rescue Mission (CVRM) as a subrecipient to administer their Emergen cy Services Program to reduce the number of homelessness in the City. CVRM's Emergency Services Program offers resources and shelter services to homeless individuals and families through prevention outreach services.
In addition to allocating resources to CVRM for the reduction of homelessness, the Cathedral City Police Department has full-time “Homeless Liaison Officers” positions assigned to managing the City's homeless population and ongoing issues. The Homeless Liaison Officers gather case management information and monitors mobility and relocation of homeless encampment sites. These efforts involve reaching out to homeless individuals and assessing their individual needs to provide the necessary assistance. These Officers also provide support to homeless individuals that seek help by connecting them to local programs and services specific to their situations. One of CVRM's contractual obligations in the agreement is to coordinate and collaborate with the Cathedral City Police Department for all homeless-related issues.
Addressing the emergency shelter and transitional housing needs of homeless persons The County of Riverside and CalWorks receive Emergency Shelter Grants (ESG). ESG funding provides additional financial assistance for emergency shelter need s throughout the County. The County of Riverside's Continuum of Care (CoC) partners and collaborates with non-profit organizations, social service providers, and local agencies to meet priority needs for homeless programs. Many of these agencies receive federal and state funding to assist their efforts and provide the necessary programs and services to offer emergency shelter and transitional housing.
CVRM offered food and shelter to 32 first time homeless individuals that said they were from Cathedral City. These individuals spent an average of 30 days in our emergency shelter where they received, a bed, clean clothes, three meals, medical and behavioral health screening and transportation to off campus appointments. After 30 days they are given the opportunity to transition into CVRMs long term programs, where they work with workforce development and our staff to begin looking for long term housing and jobs.). CVRM is building a laundry facility to use as a training opportunity to our residents, for future employment in casinos, hotels, restaurants and nursing homes. Every Monday CVRM mobile trailers are stationed in Cathedral City to assist the homeless with a connection to services.
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CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City o f Cathedral City does not currently have a specific program dedicated to assisting individuals and families on the verge of becoming homeless. The City relies upon and connects such individuals to the programs and services provided by the County of Riverside.
For Fiscal Year 2021-2022 the City contract with the Coachella Valley Association of Governments to work with Path of Life Ministries (POLM) to offer their CV Housing First Program for the City to assist with the evolving homeless issue. Path of Life M inistries (POLM) is a dynamic group of community -minded individuals serving our City since 1998. POLM has become a premier non -profit agency committed to serving the greater Riverside homeless, challenged youth and family population with the goal of rescuing, restoring, and rebuilding lives in our community.
This program integrates outreach, progressive engagement, and crisis stabilization housing with case management and wrap around services. Outreach was regularly conducted in partnership with law enforcement officers as part of the CV200 initiative filling a unique role in Coachella Valley's homelessness response network by targeting the hardest-to-help people living on the streets in Coachella Valley. CVAG provided referrals and resources included , but are not limited to, behavioral health providers, help obtaining documentation needed to access housing and benefits, visits to DMV and Social Security Office, employment referral, help finding/applying for housing, housing placement referral, health & hygiene kits, resource cards, reunification support, transportation, legal services, water/food, and wellness check.
Clients were placed in Crisis Stabilization Units for up to 90 days, during which time they received intensive case management and housing navigation. Case Managers assisted clients with linkages to services such as medical and behavioral health providers, and helped to acquire vital documents, public benefits, and other essential needs. Case Managers met weekly with clients to check in with progress on individual case plans and determine the best available options for permanent housing or referrals to other housing resources.
The City also contracted with the Transgender Health and Wellness Center (TGHWC) for FY202 1-2022 to assist transgender persons who are on the verge of suicide or self-harm. As a part of this Program, TGHWC will also provide the necessary support services and resources these clients need for independent living.
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CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City does not currently offer programs t o assist individuals and families in transitioning into permanent housing and independent living. The City relies upon and connects such individuals to the programs and services provided by the County of Riverside Continuum of Care (CoC). The CoC offers such services with their partnership and membership with the local non -profit agencies participating in its Board subcommittees.
As mentioned above, for Fiscal Year 2021-2022 the City contract with the Coachella Valley Association of Governments to work with Path of Life Ministries (POLM) to offer their CV Housing First Program for the City to assist with the evolving homeless iss ue. This program integrates outreach, progressive engagement, and crisis stabilization housing with case management and wrap around services. Outreach was regularly conducted in partnership with law enforcement officers as part of the CV200 initiative filling a unique role in Coachella Valley's homelessness response network by targeting the hardest -to-help people living on the streets in Coachella Valley. CVAG provided referrals and resources included, but are not limited to, behavioral health providers, help obtaining documentation needed to access housing and benefits, visits to DMV and Social Security Office, employment referral, help finding/applying for housing, housing placement referral, health & hygiene kits, resource cards, reunification support, transportation, legal services, water/food, and wellness check. Clients were placed in Crisis Stabilization Units for up to 90 days, during which time they received intensive case management and housing navigation. Case Managers assisted clients with linkages to services such as medical and behavioral health providers, and helped to acquire vital documents, public benefits, and other essential needs. Case Managers met weekly with clients to check in with progress on individual case plans and determine the best available options for permanent housing or referrals to other housing resources.
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CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
Because the City does not have a public housing program, the City will continue to partner with the County of Riverside to offer such programs. The Riverside County Housing Authority administers affordable housing and public housing programs. The County also has a Section 8 voucher program offered to residents in local cities and unincorporated areas of Riverside County. Residents can reside in units (apartments or homes) that are program eligible and live within the county where they wish. The selected unit must meet living standards, appropriate number of bedrooms for the household, and have reasonable rents limits. The Housing Authority suspended the ability for new participants except for elderly persons 75 years and older, families of military personnel, and those with situations that are in immediate need of assistance.
In addition, the County's Family Self-Sufficiency (FSS) Program assists Section 8 residents to move toward economic independence from all sources of government assistance. The Homeownership Program assists eligible Section 8 participants that are also part of the FSS. The County continues outreach efforts to extend the program to residents. The goal of this program is to integrate and faci litate the transition of residents from public housing to self-sufficiency. Community service and self-sufficiency requirements are intended to assist public housing participants with improving their socio -economic situation towards upward mobility.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
Each year, the City allocates and contracts funding for fair housing services to the Inland Fair Housing and Mediation Board (IFHMB). IFHMB is non-profit corporation that serves the San Bernardino County and parts of Riverside and Imperial Counties. IFHMB resolve issues related to housing discrimination, homeownership sustainability, rental complaints, and court disputes through provisions of resource recommendation, education and mediation.
One of the City's goals described in its Assessment of Fair Housing (AFH) is to offer mobility counseling to educate and assist residents with opportunities to relocate and/or purchase homes in areas that may offer opportunities to better their current situation and get out of low and moderate-income status. During the previous year, IFHMB hosted several workshops and presentation to discuss mobility counseling and first- time home buyer opportunities to Cathedral City residents. The goal of the workshops is to increase participation through the City's partnership with the County of Riverside and their public housing clientele.
Actions taken to provide assistance to troubled PHAs
Cathedral City does not have a Housing Authority.
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CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) Public policy by the jurisdiction and surrounding jurisdictions influences the amount of hous ing developed, its type, form, location, and ultimate price. Land use controls, site improvement requirements, building codes, fees, and other local programs intended to improve the overall housing quality may have the unintended consequence of serving as a barrier to affordable housing and residential investment.
The State of California requires the City of Cathedral City, through its Housing Element, to provide an analysis of potential and actual governmental constraints (public policy) upon the maintenan ce, improvement, or development of housing for all income levels and for persons with disabilities, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. State law requires that the Housing Element be updated every four to eight years. The Housing Element, upon each update, is reviewed by the California Department of Housing and Community Development (HCD) for consistency with state law.
Based on the review of the jurisdiction's most recent Housing Element, the City does not have any adverse public policies on affordable housing and residential investment.
The City's Housing Element and the General Plan require that the City have a certain amount of affordable housing for various income level residents. The City provide s density bonuses that waive some development requirements for a certain percentage of affordable housing in their development projects.
One of the barriers to affordable housing is that the cost -benefit analysis for the development does not allow for an immediate return on their investment for such affordable housing projects. Another barrier for a developer is subsidizing construction costs and securing funding from fina ncial institutions for affordable housing projects. The City will continue to work and collaborate with interested developers to provide more affordable housing in Cathedral City.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) This subpopulation includes the elderly, large families, single parents, and persons with HIV/AIDS, mental and physical disabilities. Securing decent and affordable housing for these groups, along with a lack of state and federal financial assistance, makes providing services challenging . Households that own their homes have difficulties maintaining them because of housing costs and relatively low wages.
The City of Cathedral City recognizes the need to rehabilitate the existing ho using stock. The elderly populations, along with lower-income households, cannot maintain their homes because of their limited income. Although the City has not administered a housing rehabilitation program since the dissolvement of the City’s Redevelopment Agency, Staff is diligently seeking funding opportunities and partnering with
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Attachment: CDBG FY 2021-22 CAPER (3371 : Approve the FY 2021-2022 CDBG CAPER)
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
the County of Riverside to foster and maintain affordable housing and provide such services to qualified residents. The City plans to set aside CDBG funds in the next Consolidated Plan for housing rehab.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The City does not directly provide program funding for the reduction of lead-based paint hazards in older homes. The City relies on the County of Riverside to offer the following programs on its behalf to reduce lead-based paint hazards.
California State Law states that Senate Bill 460 grants authority to local health departments to require the enforcement and prosecution of persons who refuse to abate lead h azards in housing occupied by low - income families with children. This program is funded under the Senate bill, which further allowed changes to State health and housing laws making the creation of lead hazards a crime.
Lead-Based Paint Hazard Control Program: Riverside County Office of Industrial Hygiene (OIH) administers this program. The program is intended to evaluate and control lead hazards in low-income housing units through inspection and testing samples. This office also provides treatment for those affected by lead- based paint in the home. These activities are primarily for homes that were constructed prior to 1979 and will assist families with the temporary relocation of families living in homes with lead -based paint. OIH provides community outreac h programs to educate County residents on the risks of lead poisoning to create awareness about the harmful effects and health risks regarding lead-based paint hazards.
Lead Hazard Inspections for County Programs: Us
e of lead-based paint was common and ava ilable until
the 1970s. Lead-based paint was banned in 1978 and has been a goal of Riverside County to eliminate all hazards since the paint ban took place. Most of these programs to assist families with the actual reduction of lead-based paint have disappeared due to the economic downturn. Homeowners are responsible for reducing lead hazards, but the County continues to provide educational assistance and medical care. The HOME Investment Partnership Program assists First Time Homebuyers with the cost of le ad-based paint removal if the home does have lead paint.
Childhood Lead Poisoning Prevention Program: T
he Office of Industrial Hygiene also administers the
CLPPP to test and identify children at risk of lead poisoning based on the age of the housing stock in the area and other potential factors.
Fair Housing Council Lead-b ased Awareness Hazard Program: The Fair Housing Council of Riverside County administers a lead -based paint prevention program throughout the County. Their services include education, outreach, information, training, and referrals.
Lead Hazard Control Outreach : O IH has a Memorandum of Understanding with the following agencies:
Riverside County Economic Development Agency, Housing Authority of Riverside County, Desert Alliance for Community Empowerment; Cities of Riverside, Banning and Hemet, and the Community Action Partnership of Riverside County. The OIH sub-grants outreach services to the Center for Community Action
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CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
and Environmental Justice and Fair Housing Council of Riverside County. These partners assist in the dissemination of information and promote lead-based hazard programs to their clients.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) One of the City's goals identified in the Assessment of Fair Housing (AFH) is to increase integration to create opportunities for low and moderate -income residents. Geographically, the low -mod areas are spread evenly throughout the City, and there are no concentration areas of poverty within the City. This makes it easier for the City to host workshops and disseminate informat ion to the community regarding programs and services that may benefit poverty-level families. Additionally, the City's public facilities such as the senior center, library, and Boys and Girls Club offer various information and resources that can assist such families.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City of Cathedral City’s institutional structure for administering services and programs from City departments are as follows:
Engineering Department has the lead responsibility in administering and implementing the Consolidated Plan, Annual Action Plan, and all documents following federal regulations. In administering the CDBG Program, the City contracted sub -recipients for senior, homeless, and fair housing programs. The sub - recipients were required to have an executed agreement for the services and amount of funding provided before issuing payments.
Finance Department is
responsible for financial management and maintenance of a general ledger; production of financial reports; administration of all debt financin g; collection and posting of revenues; payment and accounting of obligations; purchasing of goods and services; payroll; and assistance in the preparation of the Comprehensive Annual Financial Report (CAFR). This Division is responsible for approving the CDBG drawdown in the HUD IDIS.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The Housing Authority of Riverside County provides residents throughout the County with rental assistance to eligible residents based on income. The Authority administers the Section 8 Rental Assistance Program. They also own and operate the affordable housing projects throughout the County and collaborate with local jurisdictions with rehabilitating and upgrading multi-family housing units.
The County of Riverside Continuum of Care (CoC) is comprised of representatives from public, private, and nonprofit agencies, including homeless and formerly homeless individuals that are committed to assisting in facilitating the continuum of care planning process throughout the County. This coalition assesses the need for affordable housing and homeless services countywide to provide a seamless delivery
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CAPER 24
OMB Control No: 2506-0117 (exp. 09/30/2021)
of services to those in need.
Department of Public and Social Services (DPSS) administers programs under the anti- poverty umbrella for the County of Riverside. The main goal for residents is to move them towards self-sufficiency and move low-income families from poverty. DPSS assists residents on many levels, including ch ildcare, education, employment training, health, human services, homeless and housing.
Nonprofit Organizations play a vital role in the community by assisting the City to implement the goals and objectives stated in the Consolidated Plan and Annual Action Plan. The City partnered with five (5) local organizations that received funding to support the community through their programs and services.
These organizations include Inland Fair Housing and Mediation Board, the Cathedral City Senior Center, Angel View, Coachella Valley Rescue Mission (CVRM), and the Transgender Health & Wellness Center.
Subrecipient agreements were executed to ensure that these organizations provided the resources needed in the community.
Private participants may include lending instit utions such as banks. Private lending sources provide low - cost loans for affordable housing and rehabilitation projects. Developers are the primary providers of the available housing stock and are encouraged to participate in low -income housing to be able to provide more housing choices for residents.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Another AFH Goal is to "reduce the number of fair ho using complaints based on disability." The City annually contracts Inland Fair Housing and Mediation Board (IFHMB) as a Subrecipient to gather such information and resolve much of these complaints. Many of these complaints are from private property owners such as apartment complexes and rental homes that need to be retrofitted for disabled residents.
IFHMB also hosts several workshops for landlords and tenants to educate and provide relevant information and their fair housing rights.
The City has also condu cted a city-wide assessment of its facilities to determine which facilities need to be retrofitted to meet current ADA Standards. The City has made continuous strides toward making such improvements, not only internally but throughout its development proce ss. The City has also modified and updated its design standards and requirements to adhere to the new ADA Standards. Combining these efforts will help reduce the number of complaints specific to accessibility for people with disabilities.
Some of the City CDBG funding is focused on ADA related infrastructure improvements.
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Attachment: CDBG FY 2021-22 CAPER (3371 : Approve the FY 2021-2022 CDBG CAPER)
CAPER 25
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City's Policy and Procedures Manual establishes the framework guiding the operation of the City's Community Development Block Grant (CDBG) Program. The Manual provides an approach for making decisions, ensuring the program is operated in a fair and consistent manner, as well as providing all program participants with an understanding of how the City manages its CDBG Pro gram. The Manual includes information for achieving minority business and comprehensive planning requirements. This Manual is also a reference tool for training and guiding City Staff through the CDBG processes that include compliance, monitoring, and internal controls for approvals.
In addition, CDBG Staff conducts onsite monitoring of its sub -recipients per their annual contract. The onsite monitoring is conducted to ensure sub -recipients are maintaining the records needed to support their awarded funding and ensure any discrepancies are caught and corrected, specifically, by the first quarter of the program year.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
In 2016, the Cathedral City ’s City Council adopted revisions made to its CDBG Community Participation Plan (CPP) to coincide with the community participation for the Assessment of Fair Housing (AFH). The Community Participation Plan ( CPP) includes specific language and instructions for the availability and citizen participation in the City's Assessment of Fair Housing (AFH), Consolidated Plan (Con Plan), Annual Action Plans (AAP), Substantial and Administrative Amendments, and Consolid ated Annual Performance and Evaluation Reports (CAPER). The CPP provides the amount of time given to the community for each document and compliance to the requirements of the Community Development Block Grant (CDBG) Entitlement Program and U.S. Department of Housing and Urban Development (HUD) for such plans and reports. The City's CPP was approved by City Council and has been submitted to HUD.
In 2020, the City's CPP was revised again to include language pertaining to the Coronavirus pandemic and the applicable waivers. More specifically, the revised CPP includes guidance on fast-tracking the approval of all Annual Action Plans moving forward subject to a pandemic. A copy of the revised CPP was submitted to HUD for their records along with its corresponding City Council action (M.O. 2020-100).
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CAPER 26
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The City continues to adhere to the goals described in the Five -Year Consolidated Plan (Con Plan). The goals in the Con Plan are strategically and geographically distributed throughout the City, benefitting low- and moderate-income residents. The City partn ers with local and regional agencies to provide various programs and services to meet its Con Plan goals. Any changes to the City's CDBG program objectives will be made in an emergency or if a partnering agency no longer provides adequate services. Such ch anges may be described in the City's Annual Action Plan (AAP) or through a Substantial Amendment where any changes in priorities are recommended to the City Council for approval.
Based on experience, the City is embracing technology to gather community inf ormation and reach its intended target population for the CDBG Program. In the upcoming years, the City will begin utilizing online tools and surveys to gather the necessary input to prepare its Action Plan and annual reports.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
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CAPER 27
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
0 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF The contractor and sub-contractor had no new
position available as part of infrastructure project
0 Table 9 – Qualitative Efforts - Number of Activities by Program
Narrative
The infrastructure contractor had no new positions available during the CDBG project. The contractor has permanent employees that work on projects and move to different sites as necessary.
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Cathedral City Page 1 of 2 Printed on 9/13/2022
Staff Report
City Council
Item No. 6.D
Meeting Date: September 14, 2022
From: John Corella, Director of Engineering/Public Works Title: FY 2022-2026 Analysis of Impediments to Fair Housing Choice Report
City Council
RECOMMENDATION:
To approve the FY 2022-26 Analysis of Impediments to Fair Housing Choice Report (AI).
BACKGROUND:
Cathedral City is an entitlement city that receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD).
The CDBG program seeks to address the housing and community development needs of low-to-moderate (low-mod) income persons and households in the City.
The City is required to submit a five -year Consolidated Plan (Con Plan) to HUD that outlines the community’s priority needs and establishes goals for the five -year period of the CDBG Program. Additionally, the City is required to submit an Annual Action Plan (AAP) that states how CDBG funds will be allocated for a specific program year. On June 22, 2022 at the regularly scheduled City Council Meeting, a public hearing was held for comments on the Con Plan/AAP. No comments were received, and the Con Plan/AAP were approved by City Council.
DISCUSSION:
During the strategic planning process for the Con Plan/AAP, Cathedral City also prepared an Analysis of Impediments to Fair Housing Choice Report (AI). The City hosted two community meetings on Feb 17 th and a focus group meeting on March 23 rd.
Additionally a fair housing survey was conducted from December 2021 to the end of January 2022. The input gathered from the meetings and surveys were compiled into the AI. This report examined community demographics, poverty data, housing market, availability of affordable housing, mortgage approval data, and the results of t he community needs survey relative to fair housing. A draft of the AI is available as an attachment to this Staff Report. The Fair Housing Choice Report will keep Cathedral City compliant with HUD’s requirement for grantees to affirmatively further fair ho using
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and reduce barriers to housing choice.
The four impediments to fair housing choice were identified as:
• Landlord-Tenant Conflicts
• Limited Disabled Access
• Access to Fair Housing
• Homeownership Opportunities
Cathedral City will work to address these impediments during the five-year Consolidated Plan period by working with Inland Fair Housing Mediation Board (IFHMB) to resolve any resident complaints and to provide educational resources regarding fair housing for residents. IFHMB has been proactive wit h their Cable Releases on the City website every month.
Additionally, grantees are required to review and update their Citizen Participation Plans. The Citizen Participation Plan serves as a guide to outline how residents and stakeholders can participate during the planning process. It also gives guidance on the City’s process to accept applications from non -profits seeking CDBG funds during each funding cycle. No updates were made at this time.
PUBLIC PARTICIPATION:
Per the City’s adopted Community Par ticipation Plan, the AI was made available for thirty (30) days from August 1, 2022 to September 1, 2022. A public notice was published in the local newspaper, The Desert Sun, promulgating the availability of the draft AI. A notice was also posted at City Hall, Cathedral City Senior Center, Cathedral City Library, and Boy’s and Girl’s Club. No comments were received at this time.
FISCAL IMPACT:
The recommended action will have no immediate fiscal impact for the approval of the AI.
ATTACHMENTS:
CDBG FY 2022-26 Analysis of Impediments to Fair Housing Choice Report (AI)
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FY 2022
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING
CITY OF CATHEDRAL CITY
PUBLIC REVIEW DRAFT
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2 TABLE OF CONTENTS
1.0 INTRODUCTION………………………………………………………………………………………………………. 4
1.1 Purpose
1.2 Definition of Affirmatively Furthering Fair Housing
1.3 Analysis and Participation
1.4 Methodology Used
1.5 Conclusions
2.0 BACKGROUND DATA…………………………………………………………………………………………………. 9
2.1 Demographic Data
2.1.1 Population, Gender, Race, Ethnicity
2.1.2 Social and Household Characteristics
2.1.3 Special Needs Populations
2.2 Income
2.2.1 Comprehensive Housing Affordability Strategy
2.3 Employment
2.4 Housing Profile
2.4.1 Homeownership and Vacancy
2.4.2 Subsidized Housing
2.5 Public Transit
3.0 FAIR HOUSING SERVICES……………………………………………………………………………………….… 33
3.1 Anti-Discrimination
3.2 Landlord-Tenant
3.3 Continuation of Fair Housing Services
4.0 IDENTIFICATION OF IMPEDIMENTS TO FAIR HOUSING CHOICE………………………………… 37
4.1 Governmental Constraints
4.1.1 Land Use Controls
4.1.2 Codes, Procedures, Fees
4.1.3 Infrastructure Constraints
4.1.4 Public Housing
4.2 Environmental Constraints
4.3 Non-Governmental Constraints
4.3.1 Environmental Hazards and Issues
4.3.2 Land Prices
4.3.3 Construction Costs
4.3.4 Financing
5.0 ASSESSMENT AND RECOMMENDATIONS……………………………………………………………… 45
5.1 Impediments and Actions
5.2 Time Frame
5.3 Signature Page
LIST OF TABLES
Table 1 Population, Gender, Race, Ethnicity
Table 2 Demographic Comparisons by Census Designated Place
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3 Table 3 Social and Household Characteristics
Table 4 Economic and Labor Characteristics
Table 5 Housing Needs- Comprehensive Affordability Strategy (CHAS) Data Table 6 Monthly Labor Force Data for Cities and Census Designated Placed
Table 7 Housing Stock Inventory
Table 8 Housing Occupancy Status
Table 9 Subsidized Housing Projects in Cathedral City
Table 10 Fair Housing Discrimination Cases
Table 11 Landlord Tenant Data
Table 12 Disposition of Applications in Riverside-San Bernardino-Ontario MSA/MD, by Selected Income and Race Categories
Table A-X Local Housing Data-2020 SCAG
FIGURES
Figure 1 Cathedral City Income Distribution by Group
Figure 2 SunLine Transit System Map
Figure 3 CDBG Target Area
Figure 4 Title 24 Complaint Form
APPENDICES…………………………………………………………………………………………………………………49
APPENDIX A PROOF OF PUBLICATION
APPENDIX B NEEDS ASSESSMENT SURVEY.
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4 1.0 INTRODUCTION
1.1 PURPOSE
The City of Cathedral City is committed to providing community development and housing opportunities devoid of regard to arbitrary factors and to affirmatively further fair housing throughout the Cathedral City. The City intends to make certain that fair housing choices for all residents regardless or face, color, national origin, ancestry, religion, sex, disability, familial status, source of income, sexual orientation, or any arbitrary factors does not affect their ability to housing choice.
Cathedral City was incorporated in 1981 and became an entitlement jurisdiction on July 1, 2012. Entitlement jurisdictions are responsible for maintaining compliance with federal fair housing laws. Cathedral City has prepared this Analysis of Impediments to Fair Housing (AI) in compliance with 24 CFR 50.601 and 24 CFR 570.904. The AI:
1) Identifies impediments to fair housing choice within Cathedral City; 2) Specifies the actions that the City will take to overcome the effects of the Impediments; and
3) Recommends a system of recordkeeping that reflects the analysis and actions of the AI.
1.2 Definition of Affirmatively Furthering Fair Housing
The United States Department of Housing and Urban Development (HUD) defines Fair Housing in 24 CFR 570.904(c)(1) to mean the ability of persons of similar income levels to have the same housing choices regardless of race, color, religion, sex, handicap, familial st atus or national origin. Discrimination in the sale or rental of housing is prohibited against these protected classes. Fair Housing laws are intended to further equal opportunity in housing, mortgage lending, and the purchase of mortgage insurance.
Impediment to fair housing choice consists of the following:
• Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, ancestry, national origin, marital status, or any other arbitrary factor that restrict housing choices or the availability of housing choices, or
• Any actions, omissions or decisions, policies, practices, or procedures that have the effect of restricting housing choices or the availability of housing choices on the basis of race, color, religion, sex, disability, familial status, ancestry, national origin, marital status, or any other arbitrary factor.
To affirmatively promote equal housing opportunity, a community must work to remove any impediments to fair housing choice. According to HUD a jurisdiction has the obligation to include the following:
• Analyze and eliminate housing discrimination in the jurisdiction. • Promote fair housing choice for all persons, including those with limited English proficiency. • Provide opportunities for racially and ethnically inclusive patterns of housing occupancy. • Promote housing that is physically accessible to and usable by, all persons, particularly persons with disabilities.
• Foster compliance with the nondiscrimination provisions of the Fair Housing Act.
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5 Impediments to fair housing include any actions or omissions within a jurisdiction’s public or private housing sector that:
• Constitute a violation or a potential violation of the Fair Housing Act. • Are counter-productive to fair housing choice, such as resistance when minorities or lower income persons move into a non- minority or higher income community or resistance to the siting of group homes in a single family residential neighborhood.
• Have the effect of restricting housing opportunities on the basi s of race, color, religion, sex, disability, familial status or national origin.
Examples of impediments that may occur in the public sector include local building, occupancy, or health and safety codes that may affect the availability of housing for mino rities, families with children, or persons with disabilities. Planning and development policies that affect the siting or type of permitted housing are potential impediments. Language may also be a barrier for families or individuals with limited English p roficiency needing access housing opportunities, programs or services.
In the private sector, some examples of impediments may include real estate practices such as steering or blockbusting, deed restrictions, inaccessible design, and “occupancy quotas”. Some other examples may include banking and insurance policies or practices pertaining to the financing, sale, purchase, rehabilitation, or rental housing that may affect the achievement of fair housing goals.
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6 1.3 Analysis and Participation
This AI is prepared as a component of the City’s consolidated plan. The 20 22 Consolidated Plan citizen participation process has three components:
1) Community Needs Assessment Workshop. Two public workshops were held to gather information regarding needs assessment of the community. Residents of Cathedral City were invited to participate with City Staff to determine needs of the City and best practices to manage continuing problems within the City. All comments and suggestions were incorporated into the AI for consideration and approval by City Council.
2) Community Needs Assessment Survey and Consultations. public service organizations and residents were interviewed or completed the survey regarding housing and community development needs in the City. Documentation of consultations with service providers is included in the 20 22 Consolidated Plan.
3) Public Hearing. A hearing was held before City Council to adopt the 2022 Consolidated Plan.
Survey:
1- Do you feel that you are well-informed on the issue of Housing Discrimination?
ANSWER CHOICES RESPONSES
Yes 44.16% 34
No 7.79% 6
Somewhat 45.45% 35
Total 75
2- If you believe or think that you or someone you know encountered housing discrimination, what type was it?
ANSWER CHOICES RESPONSES
Refusing, discouraging, or charging more to rent an apartment or buy a home. 52.00% 13 Discouraging a person from living where they want to live. Steering them to another apartment, complex or neighborhood.
16.00% 4
Refusing, discouraging, making it difficult or charging more or providing less favorable terms on a home loan to buy, refinance, fix up or use the equity in a home.
4.00% 1
Refusing, discouraging or charging more for home insurance. 0.00% 0 Refusing to make a reasonable accommodation or not allowing a modification to be made to make an apartment more accessible for a person with a disability.
24.00% 6
Predatory lending: unfair, misleading and deceptive loan practices. 8.00% 2
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7 Other 36.00% 9
3- Have you ever encountered any forms of housing discrimination or known someone who has?
ANSWER CHOICES RESPONSES
Yes 30.26% 23
No 64.47% 49
Total 72
4- Do you think that there is enough affordable housing in Cathedral City?
ANSWER CHOICES RESPONSES
Yes 40.00% 4
No 60.00% 6
Total 10
5- What would you do if you encountered housing discrimination?
ANSWER CHOICES RESPONSES
Ignore it 5.19% 4
Report it 84.42% 65
Total 69
6- If you were to report Housing Discrimination, who would you report?
ANSWER CHOICES RESPONSES
City of Cathedral City 69.74% 53
Don’t Know 19.74% 15
Other 19
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Analysis of Impediments to Fair Housing
8 1.4 Methodology Used
The AI consists of a review and assessment of existing literature and data relevant to issues of housing fand air housing choice including:
• City of Cathedral City Consolidated Plan
• Housing Element reports and data
• SCAG 2020 Cathedral City Data
• Some data and reports provided by the Fair Housing Council of Riverside County pursuant its contract to provide fair housing services for participating jurisdictions in the County CDBG Program.
• United States Census and other demographic data.
• Home Mortgage Disclosure Act (HMDA) reports.
• Community Reinvestment Act (CRA) information pertaining to lending institutions throughout the County.
• Other studies and analyses of fair housing opportunities.
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Analysis of Impediments to Fair Housing
9 1.5 Conclusions
Detailed below are impediments found by the AI and the actions to be taken by the City to address those impediments, and the time frame by which the actions will be implemented.
Impediment 1: Fair Housing Complaints
There were 108 calls to the Fair Ho using Council of Riverside County within the last two years. Of those , many report of discrimination came from households of extremely low income. Fewer conflicts arose from households of higher incomes. The Fair Housing Council of Riverside did not provid e complete information for this report and Consolidated Plan.
Recommendation:
Action 1: Contract with a Fair Housing agency for the provision of landlord -tenant services including counseling, investigation, mediation, and referrals.
Cathedral City may want to contract with an agency beginning July 1, 2022 and through the term of the Consolidated Plan if the agency agrees to provide complete services and information in a timely manner related to landlord-tenant.
Action 2: The selected Fair Housing agency will provide community outreach services to renters and property owners distributing information, answering, conducting workshops regarding fair housing rights and responsibilities. The agency must provide complete and timely services to the residents and the City administration. The agency can be a City department rather than a subrecipient.
Impediment 2: Disabled Access
Typically, complaints’ regarding disabled access indicates a shortage of accessible units and a lack of understanding of the issue of reasonable accommodation. Access for persons with disabilities is significant because of the large senior population in the City.
As the population increases and the baby boom population ages the need to disabled accessibility increases.
Recommendation:
Action 3: Contract with a Fair Housing agency for the provisions of anti- discrimination services.
Action 4: The selected Fair Housing agency will conduct staff training and community workshops on issues of reasonable accommodations and
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10 modifications. A minimum of two trainings/ workshops will be conducted during the 2022-2027 Consolidated Plan.
Action 5: The City should consider o ffering a rehabilitation grant program that makes homes accessible, safe, and healthy. The objective is to empower elderly persons with disabilities to remain in their homes and provide them with the ability to maintain their self- sufficiency. Also offer CDBG emergency rehab program for low-income residents of the City.
Action 6: Continue enforcing Title 24 Disability Access Standards and encourage notifications of violations by providing the appropriate forms on the City’s webpage. This action will be ongoing and continuous.
Impediment 3: Access to Fair Housing
The City of Cathedral City is committed to ensuring fair housing choice for the residents.
Recommendation:
Action 7: Review and revise zoning ordinance to remove any provisions, language, and requirements that may be discriminatory or in violation of federal fair housing laws.
Action 8: Review the City’s development fee and processing structure to ensure that it does not impose excessive fees on the construction of housing.
Impediment 4: Homeownership Opportunities
The City realizes the importance and advantages of h omeownership and supports and encourages efforts that assist residents expand their homeownership opportunities.
Recommendation:
Action 9: The selected Fair Housing agency will provide First -Time Homebuyer education services including individual counseling and workshops to give potential buyers the tools they need to avoid predatory lending and foreclosure. Topics to be discussed may include: credit and predatory lending, qualifying for a home loan, budgeting, finding a lender, finding the right home and other issues that arise from owning property. Education efforts to expand homeownership opportunities will occur through the term of all Consolidated Plans.
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11 2.0 BACKGROUND DATA
The City of Cathedral City acknowledges the importance of identifying the conditions that define the impediments to fair housing choice. Date and conditions presented in this chapter have been organized into the following categories: demographic, income/economic, employment, and housing. The CDBG target areas within Cathedral City identifies areas that have 51% or more households of low to moderate income according to the 2020 Census (Figure-3) . Based off the most recent Census Bureau report the Census Tra cts that qualify as low to moderate income areas are: 447.02, 449.07, 449.15, 448.08, 106.00, 449.16, 105.00 and 450.00. Information presented in this chapter is based on availability and appropriateness to the topic.
2.1 Demographic Data
2.1.1 Population, Gender, Race, Ethnicity
The 2020 Census demographic profile for population, gender, race, and ethnicity is shown in Table 1.
Table 1: Population, Gender, Race, Ethnicity
Population
Cathedral City
Number Percent
Person under 5 years 3,155 5.80%
Ages 5 to 19 years 10,664 19.58%
Ages 20-64 31,277 57.54%
Persons 65 & older 9,261 17.01%
Females 27,151 49.95%
Males 27,206 50.05%
White 41,101 75.61%
African American 1,482 2.72%
American Indian 515 0.95%
Asian 3,345 6.15%
Pacific Islander 139 0.26%
Two or more races 1,428 2.63%
Hispanic of Latino 31,851 58.59%
White, not Hispanic 16,775 30.86%
Source: U.S. Census Bureau, 2019 ACS 5-Year Estimates
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12 Tables A-W are from SCAG Local Housing Data.
Table A: Population Trend, 2000-2020
CA DOF E-5 Population and Housing Unit Estimates
Cathedral City has a 2020 total population of 53,580 including 290 living in group quarters according to the California Department of Finance. The chart above describes the population trend in Cathedral City from 2000 to 2020. Over this period Cathedral City had an annual growth rate of 1.1% compared to
0.7% for the region. Table-2 shows almost 60% of the housing units are owner-occupied. Average household size is 2.87.
Table 2: Demographics
Median Age 39.4
Average Household Size 2.87
Average Family Size 3.73
Percent of Owner-Occupied Units 60.7%
Families Below Poverty Level 15.1%
Speak a language other than English at home 54.6%
Source: U.S. Census Bureau, 2019 ACS 5-Year Estimates
2.1.2 Social and Household Characteristics
Social and household characteristics describe the community’s growth and changing needs.
Households are defined as all persons who occupy a housing unit; including persons living alone, families related by blood or marriage, or unrelated individuals living together. Persons residing in retirement homes, hospitals, dormitories, or other group living situations are not considered to be households but are counted as persons living in group quarters. Table 3 displays the housing characteristics in Cathedral City.
Table 3: Social and Household Characteristics
Cathedral City
High school graduates, (25 and older) 40,319 (78.3%)
Bachelor’s degree (25 and older) 11,122 (21.6%)
Language other than English spoken at home 54.6%
Foreign Born 17,404 (32.01%)
0.0 10.0
20.0 30.0
40.0 50.0
60.0 2000
2005
2010
2015
2020
Cathedral City
42,647
49,766
51,200
52,441
53,580
SCAG
16,516,703
17,541,873
18,051,534
18,731,901
19,021,787
15.0 15.5
16.0 16.5
17.0 17.5
18.0 18.5
19.0 19.5
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13 Average Household Size 2.87
Homeownership rate 60.7%
Median Household Income $46,521
Persons Below Poverty 10,915 (20.1%)
Sources: U.S. Census Bureau, 2019 ACS 5-Year Estimates Table B: Current Population by Age and Sex
American Community Survey 2014-2018 5-year estimates
The population of Cathedral City is 51% male and 49% female. The share of the population of Cathedral City which is under 18 years of age is 24.2%, which is higher than the regional share of 23.4%. Cathedral City's seniors (65 and above) make up 16.1% of the population, which is higher than the regional share of 13%.
Cathedral City has 23,026 workers living within its borders who work across 13 major industrial sectors.
The most prevalent industry is Arts, Entertainment, Recreation with 5,038 employees (21.9% of total) and the second most prevalent industry is Education & Social Services with 4,556 employees (19.8% of total).
Table D: Housing Tenure
American Community Survey 2014-2018 5-year estimates.
2,500
2,000
1,500
1,000
500
0 500
1,000
1,500
2,000
2,500
0-4
5-9
10-14
15-19
20-24
25-29
30-34
35-39
40-44
45-49
50-54
55-59
60-64
65-69
70-74
75-79
80-84
85+
Male
Female
61.2 %
52.5 %
38.8 %
47.5 %
0.0 %
10.0 %
%
20.0 30.0
%
%
40.0 50.0
%
60.0 %
70.0 %
Cathedral City
SCAG
Owner (%)
Renter (%)
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14 Housing security can depend heavily on housing tenure, i.e. whether homes are owned or rented.
Cathedral City's housing stock consists of 17,984 total units, 11,003 of which are owner-occupied and 6,981 of which are renter-occupied. The share of renters in Cathedral City is lower than in the SCAG region overall.
Table E: Housing Tenure By Age
American Community Survey 2014-2018 5-year estimates.
In many places, housing tenure varies substantially based on the age of the householder. In Cathedral City, the age group where renters outnumber owners the most is 15-24 (by 85.6%). The age group where owners outnumber renters the most is 85+ (by 56.1%).
Table F: Households by Household Size
Number of People per Household
Renter Owner Total
American Community Survey 2014-2018 5-year estimates.
This Table illustrates the range of household sizes in Cathedral City for owners, renters, and overall. The most commonly occurring household size is of two people (29.4%) and the second-most commonly 0 500
1,000
1,500
2,000
2,500
15-24
25-34
35-44
45-54
55-59
60-64
65-74
75-84
85+
Owner
29 639
1,365
2,264
1,245
1,463
2,313
1,319
366
Renter
374
1,644
1,643
1,044
508
424
778
463
103
%
0.0 5.0
%
10.0 %
15.0 %
20.0 %
25.0 %
30.0 %
35.0 %
%
40.0 1
2 3
4 5
6 7+
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15 occurring household is of one person (29.1%). Cathedral City has a higher share of single-person households than the SCAG region overall (29.1% vs. 23.4%) and a lower share of 7+ person households than the SCAG region overall (3.1% vs. 3.1%).
2.1.3 Special Needs Populations
Elderly and persons with disabilities are two special needs populations that are predominant in Cathedral City.
Elderly and Frail Elderly Persons
Elderly persons are those that are 65 years and older. The 2020 Census shows the elderly population in Cathedral City at 17.01%. Frail elderly are considered to be persons 65 years and older that have a disability limiting their mobility and/ or ability to live independently.
The Riverside County Office on Aging provides programs, services, education, and annual assessment of the needs of the elderly. Affordable housing has consistently been identified as a priority each year with three main housing issues that need to be addressed:
1. The number one goal in senior housing is to develop a coordinated system of community-based services that allows older person to remain in their homes and continue to be as self-sufficient for as long as they possibly can.
Services vary from personal care services and adult day care facilities to in- home chore service and visitation.
2. Affordability of rental units is also a cause for concern. Low rent housing supplies is a concern among older citizens living off a fixed income.
3. S enior home repair is necessary in the city . The City should create CDBG rehabilitation for this group.
Persons With Disabilities
Disabilities can be either a physical or mental ailment that prohibits a person from functioning independently in a home or a community. These disabilities can hamper a person’s ability to maintain or keep their home. Persons with mental or physical disabilities often affect a person’s earning capability. Physical disabilities are addressed by means of special construction features to provide access and safety features within homes and community buildings.
2.2 Income
According to the 2020 Census Bureau report the median annual income for Cathedral City is $46,521.
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16 Figure 1: Income Distribution
(Households)
Less than $10,000 1,656 8.8%
$10,000 to $14,999 1,261 6.7%
$15,000 to $24,999 2,333 12.4%
$25,000 to $34,999 2,032 10.8%
$35,000 to $49,999 2,597 13.8%
$50,000 to $74,999 3,086 16.4%
$75,000 to $99,999 2,032 10.8%
$100,000 to $149,999 2,239 11.9%
$150,000 to $199,999 753 4.0%
$200,000 or more 847 4.5%
Source: U.S. Census Bureau, 2019 ACS 5-Year Estimates
According to Table-4, approximately 20% of people in Cathedral City are living below the poverty line according to the Bureau of Labor and Statistics.
Table 4
Economic and Labor Characteristics
Characteristic City of Cathedral City
2010 2020
Median Household Income $45,693 $46,521
Individuals Below Poverty Level 23.7% 20.1%
Unemployment 12.2% 6.4%
Table G: Households by Poverty Status
Female-headed with 3 or more children
Female-headed with children 2.9%; 519
Female- headed3.4%; 613
Total households in poverty 10%; 1,798
0 200 400 600 800 1,000 1,200 1,400 1,600 1,800
Percent of total households; Number of households
American Community Survey 2014-2018 5-year estimates.
In 2018, a single individual under 65 was considered in poverty with a money income below $13,064/year while the threshold for a family consisting of 2 adults and 2 children was $25,465/year.
0.9 %
;
16 7
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17 Table H: Elderly Households by Income and Tenure
Owner Renter
Total
Percent of Total
Elderly
Households:
Income category,
relative to < 30% HAMFI 495
645 1,140 19.5%
surrounding area: 30-50% HAMFI 770 410 1,180 20.2%
50-80% HAMFI 1,000 200 1,200 20.6%
80-100% HAMFI 465 65 530 9.1%
> 100% HAMFI 1,700 85 1,785 30.6%
TOTAL 4,430 1,405 5,835
HUD CHAS, 2012-2016. HAMFI refers to Housing Urban Development Area Median Family Income.
Statute requires analysis of specialized housing needs, including housing needs for seniors. Federal housing data define a household type as 'elderly family' if it consists of two persons with either or both age 62 or over. Of Cathedral City's 5,835 such households, 19.5% earn less than 30% of the surrounding area income, (compared to 24.2% in the SCAG region), 39.8% earn less than 50% of the surrounding area income (compared to 30.9% in the SCAG region).
Table I: Disability by Type
Cognitive
Vision
Hearing2,057
0 500 1,000 1,500 2,000 2,500 3,000 3,500
American Community Survey 2014-2018 5-year estimates.
Disability data also provides valuable context for assessing current and future need for accessible housing units. Note that since some disability types are not recorded for children below a certain age, calculating disability as a percentage of total population may not be accurate. 2,002
3,306
1,461
2,3
38 Ambulatory
Self-care
Independent Living
1,666
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18 Table J: Disability by Type - Seniors (65 and over)
American Community Survey 2014-2018 5-year estimates.
In Cathedral City, the most commonly occurring disability amongst seniors 65 and older was an ambulatory disability, experienced by 19.9% of Cathedral City's seniors (and 22.9% of seniors in the SCAG region).
Table K: Disability by Employment Status
With a
Disability
Percent
of
Total
No
Disability
Percent
of
Total
Employed 980 35% 20,513 70%
Unemployed 147 5% 1,403 5%
Not in Labor Force 1,712 60% 7,449 25%
TOTAL 2,839 29,365
American Community Survey 2014-2018 5-year estimates.
Understanding the employment status of people with disabilities may also be an important component in evaluating specialized housing needs. In Cathedral City, 35% of the population with a disability is employed, compared to 70% of the non-disabled population.
Table L: Developmental Disabilities
Cathedral
City
By
Residence: Home of Parent/Family/Guardian 261
14.0 %
7.9 %
7.4 %
%
19.9 7.2
%
13.4 %
13.1 %
%
6.6 10.1
%
22.9 %
10.5 %
17.5 %
0.0 %
5.0 %
10.0 %
15.0 %
20.0 %
25.0 %
Hearing
Vision
Cognitive
Ambulatory
Self-care
Independent Living
Cathedral City Percent
SCAG Region Percent
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19 Independent/Supported Living 5
Community Care Facility 17
Intermediate Care Facility 0
Foster/Family Home 5
Other 5
By Age: 0 - 17 Years 293
18+ Years 146
TOTAL 732
CA DDS consumer count by CA ZIP, age group and residence type for the end of June 2019. Data available in 161/197 SCAG jurisdictions.
The California Department of Developmental Services also provides data on developmental disabilities by age and type of residence. These data are collected at the ZIP-code level and were joined to the jurisdiction-level by SCAG. Totals may not match as counts below 11 individuals are unavailable and some entries were not matched to a ZIP code necessitating approximation.
2.2.1 Comprehensive Housing Affordability Strategy
Income is important when the City evaluates housing and community development needs. Low- income families tend to have more constraints when they need to obtain adequate housing or services. Housing and community development planning purposes utilizes data collected in the Comprehensive Housing Affordability Strategy (CHAS). Definitions and analyses of Table 5 are detailed below:
• Cost Burden- the percentage of a household’s total gross income spent on housing costs. Renters housing costs include rent plus utilities paid for by the tenant.
Owners housing costs include mortgage, taxes, insurance and utilities.
• Housing Problems- cost burden greater than 30% of income and/or overcrowding and/or without complete kitchen or plumbing facilities.
• Elderly Households- 1 or 2 person households where either person is older than 62 years of age or older. Elderly households represent the largest number of low and moderate income households; however, elderly homeowners appear to have fewer housing problems than small and large families.
• Large Families- are Families with 5 or more members and typically experience the highest percentage of housing problems.
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20 • Renter Households- Renter households regardless if demographics and income levels have a higher percentage of housing problems than owner households with the exception of large families.
• Owner Households - Typically owner households report less housing pr oblems than renter households and problems are inversely related to income.
• Unmet Need- Unmet need is determined to be the number of low and moderate- income households with any housing problem per CHAS data.
Table M: Housing Type
CA DOF E-5 Population and Housing Unit Estimates
The Table above provides detailed information on the housing stock in Cathedral City, which has a total of 21,447 housing units. The most prevalent housing type in Cathedral City is single-family detached with 12,052 units. The share of all single-family units in Cathedral City is 69.6%, which is higher than the
61.7% share in the SCAG region. Out of the total housing units in Cathedral City, there are 17,322 occupied-units, which equates to a 19.2% total vacancy rate. The average household size (as expressed by the population to housing unit ratio) is 3.076.
12,052
2,885
2,268
1,744
2,498
%
0 10
%
%
20 %
30 %
40 %
50 %
60 70
%
%
80 %
90 %
100
Single-Family
Detached
Single-Family
Attached
Multifamily, 2-4
Units
Multifamily, 5+ Units
Mobile Homes
Cathedral City (%)
%
56.2 13.5
%
10.6 %
%
8.1 11.6
%
SCAG (%)
%
54.4 7.2
%
7.5 %
27.3 %
3.5 %
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21 Table N: Housing Type Trend
CA DOF E-5 Population and Housing Unit Estimates
Over the past two decades (2000-2020), there has been more construction of single-family residential units than multi-family residential units in Cathedral City. When comparing 2000 to 2020, SFR units increased by 3,526, MFR units increased by 166, and mobile homes decreased by -138.
Table P: Housing Units by Year Structure Built
American Community Survey 2014-2018 5-year estimates.
Examining the age of the current housing stock is one way to understand how historical development patterns have contributed to a city's form. The time period where the highest share of Cathedral City's housing units were built is 1980-1989, while in the SCAG region more units were built during 1970-1979 than any other period.
1 ,
11 41
3,846
2,636
69 0
13 ,
4,130
2,598
14,536
3,989
2,470
14,573
4,014
2,476
14,937
4,012
2,498
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
Single-Family Residential (SFR)
Multifamily Residential (MFR)
Mobile Homes
2000
2005
2010
2015
2020
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22 Table Q: Substandard Housing
American Community Survey 2014-2018 5-year estimates.
The ACS includes surveys about three factors of what may be considered substandard housing. In Cathedral City, 828 units lack telephone service, 57 units lack plumbing facilities, and 56 units lack complete kitchen facilities.
Table R: Median Home Sales Price for Existing Homes
SCAG Local Profiles, Core Logic/Data Quick. SCAG median home sales price calculated as household-weighted average of county medians.
Between 2000 and 2018, median home sales prices in Cathedral City increased 122% while prices in the SCAG region increased 151%. 2018 median home sales prices in Cathedral City were $289,000 and the highest experienced since 2000 was $370,000 in 2006. Prices in Cathedral City have ranged from a low of 47.5% of the SCAG region median in 2011 and a high of 68.1% in 2005. %
4.60 0.32
%
%
0.31 1.95
%
0.39 %
1.29 %
0 %
1 %
1 %
2 %
2 %
%
3 3
%
4 %
%
4 5
%
5 %
No Telephone Service Available
Lacking Plumbing Facilities
Lacking Complete Kitchen Facilities
Cathedral City
SCAG
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23 Table S: Housing Units Permitted
The number building permits have declined in the last few years. According to Table-5, almost 48% of households in the City have at least one housing problem.
0.0 5.0
10.0 15.0
20.0 25.0
0 100
200
300
400
500
600
700
800
2000
2002
2004
2006
2008
2010
2012
2014
2016
2018
All Units
Single-Family Units
Multifamily Units
Cathedral City, all units per 1000 Pop.
SCAG, Units per 1000 Pop.
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24 Table 5
Housing Needs- Comprehensive Housing Affordability Strategy (CHAS) Data Housing Problems Housing Income by Percentage
of County Average
Total
Any Housing
Problem∗
Cost Burden ≥ 30% of
Household Income
Cost Burden ≥ 50% of
Household Income
Number Percentage Number Percentage Number Percentage
Household Income Less than 30% of County MFI
Renter 1,725 1,200 69.57% 1,170 67.82% 1,055 61.16%
Owner 1,135 805 70.93% 800 70.48% 775 68.28%
Household Income Between 30% and 50% of County MFI
Renter 1,255 1,010 80.48% 1,005 80.08% 650 51.79%
Owner 1,205 975 80.91% 955 79.25% 650 53.94%
Household Income Between 50% and 80% of County MFI
Renter 1,570 1,370 87.62% 1,305 83.12% 380 24.20%
Owner 1,765 1,100 62.32% 1,075 60.90% 560 31.72%
Household Income Between 80% and 100% of County MFI
Renter 830 400 48.19% 224 26.98% 4 0.48%
Owner 1,145 640 55.89% 575 50.22% 120 10.48%
Household Income Greater than 100% of County MFI
Renter 1,600 385 24.06% 139 8.69% 4 0.25%
Owner 5,750 885 15.39% 660 11.48% 65 1.13%
Totals
Totals 17,985 8,770 48.76% 7,900 43.93% 4,263 23.70%
Table T: Crowding by Extent and Tenure
American Community Survey 2014-2018 5-year estimates.
In Cathedral City, 507 owner-occupied and 1,217 renter-occupied households had more than 1.0 occupants per room, which meets the ACS definition for overcrowding. 174 owner-occupied households and 512 renter-occupied households had more than 1.5 occupants per room, which meets the ACS definition for severe overcrowding.
%
4.6 1.6
%
17.4 %
7.3 %
4.9 %
%
1.3 %
15.6 %
6.4 %
0.0 %
2.0 %
4.0 %
6.0 8.0
%
10.0 %
12.0 %
14.0 %
16.0 %
18.0 %
%
20.0 1.0+
/room
1.5+
/room
1.0+
/room
/room
1.5+
Owner
Owner
Renter
Renter
Cathedral City
SCAG
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26 Table U: Cost Burden by Income
Households by Share of
Income Spent on Housing
Cost:
Income < 30% 30-50% > 50%
< 30% HAMFI 323 254 1,875
30-50% HAMFI 680 725 1,380
50-80% HAMFI 1,295 1,835 929
80-100% HAMFI 1,094 615 113
> 100% HAMFI 5,400 634 53
Total Households 8,792 4,063 4,350
HUD CHAS, 2012-2016. HAMFI refers to Housing Urban Development Area Median Family Income.
Housing cost burden is most commonly measured as the percentage of gross income spent on housing, with 30% a usual threshold for 'cost burden' and 50% the threshold for 'severe cost burden.' However, a lower-income household spending the same percent of income on housing as a higher-income household will likely experience more true 'cost burden.' These data indicate the number of households in Cathedral City by their income relative to the surrounding area and their share of income spent on housing.
Table V: Spending on Rent
Com
puted Percent of Income Spent on Rent
Across Cathedral City's 6,981 renter households, 4,058 (58.1%) spend thirty percent or more of gross income on housing cost, compared to 55.3% in the SCAG region. Additionally, 2,164 renter households in Cathedral City (31%) spend fifty percent or more of gross income on housing cost, compared to 28.9% in the SCAG region.
154
274
498
787
703
827
498
569
2,164
507
0 500
1,000
1,500
2,000
2,500
<10
%
10-15
%
15-20
%
20-25
%
25-30
%
30-35
%
35-40
%
40-49
%
>50
%
Not
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27 Table W: Extremely Low Income Housing Needs
Total
Households
Households
below 30%
HAMFI
Share below
30%
HAMFI
White, non-Hispanic 8,355 1,160 13.9%
Black, non-Hispanic 449 119 26.5%
Asian and other, non-Hispanic 901 69 7.7%
Hispanic 8,015 1,590 19.8%
TOTAL 17,720 2,938 16.6%
Renter-occupied 7,100 1,750 24.6%
Owner-occupied 10,580 1,170 11.1%
TOTAL 17,680 2,920 16.5%
HUD CHAS, 2012-2016. HAMFI refers to Housing Urban Development Area Median Family Income.
Housing the extremely-low income population (below 30% of area median income) can be especially challenging. HUD's CHAS dataset provides a wealth of information on such households in Cathedral City.
The above table provides a breakdown of extremely low income households by race and ethnicity. The race/ethnicity with the highest share of extremely-low income households in Cathedral City is Black, non-Hispanic (26.5% compared to 16.6% of total population).
Table X: 6th Cycle Regional Housing Needs Allocation for Cathedral City:
Units
Very-Low Income (<50% of AMI) 537
Low Income (50-80% of AMI) 352
Moderate Income (80-120% of AMI) 456
Above Moderate Income (>120% of AMI) 1,197
TOTAL 2,542
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28 2.3 Employment
Table 6 shows unemployment rate at 6.4 percent.
Table 6:
Monthly Labor Force Data for Cathedral City
Area Labor Force Employment Unemployment
Number Rate
City of Cathedral City 24,731 21,964 2,767 6.4%
Source: U.S. Census Bureau, 2019 ACS 5-Year Estimates
The Arts and entertainment industry, the education Industry, retail sales, Professional, scientific, waste recycling, and construction are the main employers in the City. Other employments fields include public administration, wholesale, manufacturing and other relatively new fields employ the remainder of the labor force. Historically, Arts and Retail sales positions do not earn high wages. Cathedral City has the capacit y to house and support growth and expansion for various industries. Determining how to create a better balance between jobs and workers in regard to housing is an issue undertaken in the City’s General Plan.
2.4 Housing Profile
Nearly 49% of the housing stock in Cathedral City is single detached units. Approximately 12% of the housing stock consists of multiple family units (2 -4 Units) and mobile homes make up over 14% of the housing stock. Vacancy rates provide a measure of housing availability and the ability to meet market demands. Low vacancy rates suggest there is difficulty in locating housing that meets price and desirability criteria whereas; high vacancy rates are an indicator of excessive numbers of undesirable units or an abundance of housing units. Vacancy rates is over 19% .
Maintaining a healthy housing market rate ensures the maintenance of rental properties and maintains lower housing costs. The total occupancy of housing units was almost eighty 80%. The vacancy rate may also result in deferred maintenance due to lack of disposable income.
Table 7
Housing Stock Inventory
Type of Housing Unit
2010 2020
Number Number Number Percent
Single Detached 12,494 55.7% 8,785 49.3%
Single Attached 3,040 13.5% 2,575 14.5%
Multiple Family: 2-4 Units 2,447 10.9% 2,270 12.7%
Multiple Family: 5+ units 1,816 8.1% 1,559 8.8%
Mobile Homes 2,511 11.2% 2,521 14.2%
Other Unit Types 129 0.6% 103 0.6%
Occupancy 17,837 79.5% 18,174 80.2%
Vacancy 4,600 20.5% 4,489 19.8%
Source: U.S. Census Bureau, 2019 ACS 5-Year Estimates
2.4.1 Homeownership and Vacancy
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29 2020 Census identified that over 63% of homes in Cathedral City are owner occupied.
Homeownership provides advantages in the following:
• Homeownership allows families to invest in an asset that can grow and generate financial security.
• Homeownership helps with stabilizing neighborhoods and strengthens communities.
• Homeownership helps generate jobs and stimulates economic growth. • Homeownership enables people to have greater control and exercise more responsibility over their living environment.
Housing markets with vacancy rates between 2 -3% for home ownership and 5 -6% for rental housing is healthy. A low percentage of available housing stock ensures that properties are maintained, and it also keeps housing costs down. Possible causes for the vacancy rate are high unemployment, low wages, sinking real estate values, and a great foreclosure market due to predatory lending. With high vacancy rates it is common for maintenance to be postponed because homeowners used their financial resources to pay for immediate necessities such as mortgage and insurance payments. The City would like to address the issue to deferred maintenance by securing grant funds to create a Home Repair Grant Program that will assist lower income homeowners restore their properties to sanitary, safe, and comfortable living conditions.
Table 8: Housing Occupancy Status 2020
Type of Unit Number of Units Percent of Units Number of Persons in Unit
Total Units 22,663 100%
Occupied
• Owner-Occupied 11,429 60.7%
• Renter-Occupied 7,387 39.3%
Vacant
• Vacant for Rent 300 6.2%
• Vacant for Sale 339 7.1%
• Vacant Seasonal,
Recreational Use
3,499 72.8%
Source: U.S. Census Bureau, 2019 ACS 5-Year Estimates
2.4.2 Subsidized Housing
Financial assistance is made available for affordable housing through use of local, state, and Federal agencies. Any housing unit that is federally subsidized is subject to income affordability restrictions, or covenants, which require multiple family dwellings in Cathedral City to maintain a percentage of units to that, remain as affordable housing for a certain period. Currently, the City has 13 affordable housing complexes for persons with disability or special needs, senior citizens, and low to moderate -income families. Within the 13 complexes there are approximately 1,604 units for income qualified households.
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30 Table 9: Affordable Housing Units
Housing Project Units Demographics Subsidy Type Earliest Release Date
Rental Housing Projects
Mountain View Apartments 280: 1 BR Very Low Income Seniors USDA Rural Development Corregidor Apartments 14: 2BR Very Low Income Families Owned by County HA None Terracina Apartments 80: 2 & 4 BR Low Income Families Tax Credits & HOME 2052 Cathedral Palms 231: Studio
& 1 BR
Very Low Income Seniors AHP, HOME, & RDA set-
aside
2052
Ocotillo Place 135: 1& 2 BR Low, Moderate Income RDA Restricted & Tax Credits
2027
Casa Victoria Apartments 49: 1 BR +
Manager
Very Low Income Seniors HUD 202 & RDA
restrictions
2052
Casa San Miguel Allende 36: Studios
+ 2: 1 BR
Special needs and disabled HOPWA, HOME, Tax
Credits, Supportive
Housing, CDBG & RDA
set-aside
2053
Heritage Park 144: 1 & 2
BR
Low Income Seniors Tax Credits, HOME &
RDA set-aside
2059
Creekside Apartments 41: 2 BR
104: 3 BR
40: 4 BR
Low Income Families Tax Credits, HOME,
AHP & RDA set-aside
2059
Park David Apartments 120: 1 BR
120: 2 BR
Low Income Seniors Tax Credits & RDA set -
aside
2055
Canyon Vista Apartments 81 Low and Moderate Income Tax Credits & RDA set - aside
2056
Cathedral Towne Villas 61: 1 & 2 BR Moderate Income Families RDA Set-Aside 2061 Tierra del Sol 75: 1 BR Low Income Seniors & Families HUD 202, HOME & RDA Set-aside
2063
Restricted Affordable Owner
Occupied Units
30 to 45 year Covenants with
resale restrictions
450 Very Low to Moderate
Income
RDA- CHIP loans/
grants
2025 or at pay-
off
30 Year Habitat for Humanity
Housing
7 Very Low Income RDA Habitat Grants 2025
30 Year Covenant with resale
restrictions CVHC Conversion
32 Very Low to Low Income Home Grant & RDA
silent second
2025
30 Year Covenant on self -help
homes
13 Very Low and Low Income RDA Silent Second 2025
30 Year Covenant on 1 st Time
Homebuyer Grant
29 Very Low and Low Income RDA Grant 2027
Source: Cathedral City Office of Housing Assistance
Housing Authority of Riverside County
Public housing and rental assistance are the responsibility of the Housing Authority of Riverside County. Throughout the County there are 464 public housing units. The Housing Authority administers a Housing Choice Voucher Program, also referred to as Section 8.
The voucher program is a tenant based rental assistance rather than a jurisdictional program. Families eligible for the program are able to choose the community they wish to reside and may relocate within the County. Currently, the County has a wait list. Priority is given to those who are the most needy and least likely to improve on their current living situation in the near future. Throughout Cathedral City the Housing Authority provides
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31 Section 8 Rental assistance and the total number of vouchers and certificates fluctuates regularly.
Table-Z
Program Type
Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant -
based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
Mainstream
Vouchers (for
Non Elderly
Disabled )
# of units
vouchers in
use 0 80 0 9885 858 9027 798 180 241
Program Type
Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant
-based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
Mainstream (
Non Elderly,
Disabled
Average
Annual
Income
0 15741 0 17523 20088 17252 16125 18397
13133
Average
length of stay
(Years)
0 7 0 8 5 8 5 8
7 Average
Household
size
0 1 0 2 3 2 2 4
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32 Program Type
Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant -
based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
Mainstream
Vouchers (for
Non Elderly
Disabled )
# Homeless
at admission 0 6 0 1093 153 940 365 50
27 # of Elderly
Program
Participants
(>62)
0 77 0 4243 173 3990 163 5
13 # of Disabled
Families 0 53 0 4163 217 4216 130 25
122
# of Families
requesting
accessibility
features
0 Data
not
tracked 0
Data
not
tracked
Data
not
tracke
d
Data
not
tracked
Data not
tracked
Data not
tracked
Data not tracked
# of HIV/AIDS
program
participants
0 Data
not
tracked
0 Data
not
tracked
Data
not
tracke
d
Data
not
tracked
Data not
tracked
Data not
tracked
Data not tracked
# of DV
victims
0 Data
not
tracked
0 Data
not
tracked
Data
not
tracke
d
Data
not
tracked
Data not
tracked
Data not
tracked
Data not tracked
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33 Table-Z2
Program Type
Race Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant
-based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
Mainstream (
Non Elderly,
Disabled
White 0 60 0 5534 549 4741 191 150 81
Black/African
American 0 16 0 3066 203 2844 151 45 33
Asian 0 2 0 176 10 164 6 1 2
American
Indian/Alaska
Native 0 0 0 105 8 97 14 4 1
Pacific
Islander 0 3 0 73 9 61 2 1 1
Other 0 0 0 97 28 69 1 7 4
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34 Table-Z3
COC Information Report
Population
Estimate the # of persons
experiencing homelessness on a
given night
Estimate the #
experiencing
homelessness
each year
Estimate the #
becoming
homeless each
year
Estimate the #
exiting
homelessness
each year
Estimate the # of
days persons
experience
homelessness
Sheltered Unsheltered
All Household 729 2155 8314 8314 1180 71
Persons in
Households with
Adult(s) and
Child(ren)
218 23 3078 3078 352 124
Persons in
Households with
Only Children
11 13 248 248 172 13
Persons in
Households with
Only Adults
55 2119 5044 5044 655 65
Chronically
Homeless
Individuals
129 878 1085 1085 599 65
Chronically
Homeless Families 0 0 1085 1085 128 83
Veterans 54 216 972 972 399 52
Unaccompanied
Child 63 290 137 137 94 10
Persons with HIV 8 46 53 53 18 96
Race: Sheltered: Unsheltered
(optional)
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35 White 493 1538
Black or African
American 173 431
Asian 7 31
American Indian or
Alaska Native 12 79
Pacific Islander 1 27
Ethnicity: Sheltered: Unsheltered
(optional)
Hispanic 287 750
Not Hispanic 442 1405
2.5 Public Transit
Public transportation is an important element when analyzing impediments to housing. Typically, low income, elderly, youth, environmentally conscious and disabled persons rely on mass transit in order to get to work, school, shopping, services and other events. Public transportation in Cathedral City is provided by SunLine Transit Authority (STA). Routes are offered to residents of the Coachella Valley connecting local communities at the east end of the valley starting in Oasis and have connecting routes through the valley to Desert Hot Springs. Cathedral City’s route numbers are 111, 32, 30 and 14. Each line connects at different points making transfers to other bus lines possible. Figure 2 shows the SunBus System Map serving the Coachella Valley.
SunDial is a program through STA, provides on- demand curb -to-curb paratransit service to qualifying clients within ¾ of a mile on either side of SunBus routes . Persons interested in riding SunDial must request ADA certification must complete an application and provide the necessary documentation to determine eligibility. Applications are available at the SunLine Transit Agency office.
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39 3.0 FAIR HOUSING SERVICES
According to the records of the City , the City residents received fair housing services under contract with the Fair Housing Council of Riverside County. This organization provide s the following services to Cathedral City:
• Anti-Discrimination
• Landlord-Tenant Mediation
• Training and Technical Assistance
• Enforcement of Housing Rights
• Administrative Hearings for Riverside County Housing Authority • Special Projects
• Foreclosure Prevention
• First-Time Homebuyer Workshops
To assist in implementing these services the Council has an Anti- Discrimination Hotline. The Council receives complaints, investigates the validity of complaints, advise renters and owners about legal rights and responsibilities. The Council also maintains records of calls according to jurisdiction.
Multiple Contacts with the Fair Housing Council for preparing this report was unsuccessful. The City may want to contract with another subrecipient or use a City department in the future to address Fair Housing issues.
3.1 Anti-Discrimination
Table 10 details the discrimination calls that were processed by the Fair Housing Council of Riverside County from Cathedral City. There were 108 calls according to the data.
The Council provides workshops for tenants, landlords, City staff, and other interested parties on federal and state laws including reasonable accommodation, and on the enforcement of housing rights.
Table 10:
Discrimination Calls/Cases Processed by
Inland Fair Housing and Mediation Board for the City of Cathedral City
Case Category
2019‐2020
2020‐2021
Total
Race 2 1 3
Disability 5 17 22
Familial Status 0 0 0
Ethnicty/ National Origin 0 0 0
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40 Color 0 0 0
Source of Income 0 1 1
Arbitrary 0 0 0
Sexual Orientation 0 1 1
Religion 0 0 0
Marital Status 0 0 0
Sex 0 1 1
Age 0 0 0
Total 7 21 28
Income
Extremely Low 10 28 38
Very Low 2 9 11
Low 3 13 16
Non‐Low/Moderate 3 0 3
Total‐ Income 18 50 68
Race/Ethnicity
White/Non‐Hispanic 8 28 36
Black/Non‐Hispanic 1 6 7
Total‐Race 9 34 43
White/Hispanic 9 16 25
Black/Hispanic 0 0 0
Total‐Race 9 16 25
Fair Housing Council
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41 3.2 Landlord-Tenant Mediation
Table 11 details the calls processed by the Fair Housing Council regarding Landlord -Tenant conflicts from 2019 through 2021.
Table 11:
Landlord Tenant Calls/Cases Processed by
Inland Fair Housing and Mediation Board for the City of Cathedral City Case Category 2019‐2020 2020‐2021 Total
Eviction 19 23 42
Repairs 12 8 20
Deposits 0 1 1
Entering 0 0 0
Occupancy 0 0 0
Mobile Home 2 1 3
Lease 0 0 0
Other 0 0 0
Late 0 0 0
Rent Increase 6 8 14
Section 8 0 0 0
Notice 0 0 0
Habitability 0 0 0
Mold 0 0 0
Lead 0 0 0
Rent Control 0 0 0
Homeless Assistance 0 0 0
Neighbor Dispute 2 1 3
Rights & Responsibilities 10 9 19
Total 51 51 102
Income
Extremely Low 76 62 138
Very Low 35 36 71
Low 49 44 93
Non‐Low/Moderate 16 8 24
Total‐ Income 176 150 326
Race/Ethnicity
White/Non‐Hispanic 44 54 98
Black/Non‐Hispanic 9 13 22
Asian/Non‐Hispanic 10 1 11
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42 Other Multi Racial/Non‐Hispanic 3 6 9
Total‐Race 66 74 140
White/Hispanic 110 76 186
Black/Hispanic 0 0 0
Total‐Race 110 76 186
3.3 Continuation of Fair Housing Services
Cathedral City’s entitlement program will begin July 1, 2022. The City should seek a new subrecipient or ask one of the City departments to provide fair housing services by July 1, 2022.
The Council will provide services to the residents of Cathedral City and conduct educational workshops and trainings for residents and City staff for the following issues: fair housing laws, structural racism, recognizing discrimination, and any other relevant issue of interest.
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44 4.0 IDENTIFICATIONS OF IMPEDIMENTS TO FAIR HOUSING
The housing markets and governmental constraints may pose constraints on the provision of adequate and affordable housing. The City’s general plan provided a detailed analysis of specific constraints in Cathedral City. Barriers and constraints to affordable housing include the following:
4.1 Governmental Constraints
Constraints by government preventing affordable housing include policies, development regulations, standards, requirements or any events imposed by the various levels of government in regard to land use, housing ownership, and development. Government controls a majority of the restrictions to maintenance, home improvement, and/or construction of affordable housing.
These restrictions are controlled at the local level. Standard c onstraints include zoning or land use controls, building and safety codes, procedures in processing, and developmental fees. The constraints that can be alleviated by the City are discussed in the following sections.
4.1.1 Land Use Controls
Cathedral City’s General Plan establishes policies and guidelines for all development by identifying locations, distribution, and density of the various land uses. Various land uses are residential, commercial, industrial and open space within the City. Th e City follows several planning tools to implement its General Plan policies including Specific Plans, Zoning Regulations, and Subdivision ordinance. The General Plan identifies the land available for housing projects and the policies that are incorporated to eliminate or reduce barriers to the provision of affordable housing.
4.1.2 Codes, Procedures, Fees
The City charges fees and assessments to cover the cost of processing and constructing developments . Building permit fees allow for plan checks and construction to certify that buildings are constructed in a method that ensures public safety, comfort and accessibility for residents and businesses. The City has adopted State Uniform Building and Housing Codes, including Title 24 Disability Access Standards.
Cathedral City Zoning Code is in accordance with California State Law. Zoning regulations established development standards such as height, lot area, yard, parking requirements, and design standards within the limits established by the General Plan. In order to reduce the constraints of the development of affordable housing due to density and zoning regulations Cathedral City relies on the use of density and guidelines set forth in the Specific Plan.
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45 Cathedral City and other governmental agencies charge fees and assessments to cover the cost of processing development permits and provide local services. The fees help alleviate the impacts of development on the community’s infrastructure such as streets, sewers, water, and utilities, park s, recreation, libraries, traffic, schools and other public and social services. City fees are equivalent to the fees charged by other local municipalities and are not considered a major restraint on the development rate of affordable or fair market housing cost. The types of fees imposed are:
• Building Permit fees
• Filing fees
• Plan Check Fee
• Seismic Motion
Implementation Program
• Grading Permit
• Microfilm
• Permit Issuance
• City Facilities Impact Fee
• School Fee
• Park Fee
• Transit Development Fee
• Water and sewer fees
• Master Underground
Planning
• Police, Fire, Facilities and
Signalization Fund
• MSHCP fees
• Transportation Uniform
Mitigation Fees (TUMF)
• Development Impact Fees:
public safety, community
amenities, park, government,
and transportation facilities,
as well as administration
• Quimby fee
4.1.3 Infrastructure Constraints
Infrastructure of water, sewer, and flood control that supplies services to Cathedral City is controlled by non- City organizations. The Desert Water Agency (DWA) and the Coachella Valley Water District (CVWD) control these infrastructures. These organizations often times add surcharges, institute changes in policy or impact delivery service without the consent of the City. Pursuant to SB 1087, the City’s water and sewer providers, DWA and CVWD, will be required to establish specific procedures to grant prio rity service to affordable projects. As most water and sewer services are installed in most neighborhoods in Cathedral City, DWA and CVWD will not be constrained in providing services in most areas of the City. Portions of the developed Whitewater neighbor hood are the only area of the developed City that is currently not being served by the sewer system. The Whitewater neighborhood currently operates on septic tanks and do not need to be hooked up to the public sewer. DWA and CVWD have approved Urban Water Management Plans, which were developed based on the City’s General Plan build out.
The Urban Water Management Plan states that both providers have sufficient supplies available to meet the City’s build out demands.
California communities require developers to be responsible for all on-site improvements and meet the standards established in the City’s Zone Ordinance. Any off -site
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46 improvements are also the responsibility of the developer. If public streets are required the developer will be responsible for a half width of improvement, including curb, gutter and sidewalks. Most of the City’s major streets have been improved to their ultimate right-of-way. Development of residential projects will generally only require the improvement of local or collector streets.
4.1.4 Public Housing
The Housing Authority of Riverside County administers the subsidized housing units and voucher program in Cathedral City. Due to the loss of federal funding and the financial strains the number of Section 8 certificates have been reduced and the County has not taken any new applicants. The applicants that need immediate assistance and qualify under the current matrix are being accepted at this time. The construction of new affordable housing units to accommodate the continued growth has been reduced due to the elimination of redevelopment agencies throughout the State of California. In order to construct new units, the County will have to locate other funding sources that are not readily available.
4.2 Environmental Constraints
The County of Riverside adopted the Multiple Species Habitat Conservation Program (MSHCP) in 2003, which is a habitat conservation plan intended to create a network of permanent open space. The MSHCP reduces the land area available for development, imposes specialized review procedures for development within a specified area, and establishes a dwelling unit fee with automatic annual increases. The MSHCP is administered through the County; the City does not have authority to amend the fee or policy structure. The cost of constructing housing in these areas is increased due to the additional processing time and reduction of the land available for building. The City will work with the Riverside Conservation Authority and interested developers interested in housing production in these areas as permitted by the Cathedral City General Plan.
4.3 Non-Governmental Constraints
Most of the area south of Interstate 10 poses few physical constraints to development. The land is flat, urbanized, and the soils are suitable for urban uses. Areas to the north of the freeway are subject to physical constraints such as steep slopes and lack of infrastructure and flooding. High wind conditions in the northern section of Cathedral City make it difficult to maintain wood fences and the costs of block walls increases the cost of housing. There are also numerous environmental hazards recognize d by the City. These hazards may affect the safety of the environment causing a need for it to be carefully controlled. Methods to control the hazards and protect public safety include building code standards, state and federal regulations, General Plan elements, specialized government and private commissions and organizations, and emergency procedures.
4.3.1 Environmental Hazards and Issues
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47 Environmental constraints and physical constraints to development are addressed in the General Plan’s Environmental Resource and Environmental Hazards Element. The following methods can be used to add to the cost of home construction:
• Seismic hazards: The northern most portion of Cathedral City lies within two fault lines, the San Andreas and Willow Hole faults. A large portion of the City is subject to a moderate to very low liquefaction, which occurs when a mass of the soil collapses from a sudden loss of cohesion due to an earthquake or sudden increase in groundwater from an external source.
• Flooding: Cathedral City is located within the Whitewater River watershed, which drains from the Whitewater Canyons northwest of the City down towards the Salton Sea. Most of the City is within Flood Zone X, which are areas outside of this 500 -year floodplain; Flood Zone X is areas of 100-year flood with an average depth of less than one foot; or are areas protected by levees from 100-year flood.
• Toxic and Hazardous Waste: Cathedral City is primarily a residential community with few commercial or industrial uses that produce or handles hazardous waste.
• Fire Hazardous Waste: A majority of the fire threat is the natural fire cycle from the surrounding mountains that become thick with brush after rainfall. Late summer fires do not have a potential to spread into the existing community.
• Noise: Most of the City’s noise source comes from Interstate 10, Ramon Road, west or east directions on Palm Canyon Drive, Palm Springs International Airport, and the Union Pacific rail line that navigates through the City.
• Water: Access to water is an increasing concern to the development in Southern California. Developers must show the water supply source and its continuity over the life of the project. Global warming is affecting the state and nation water supply.
Water issues will continue to be a growing environmental concern for the duration of planning.
4.3.2 Land Prices
The cost of land includes the costs of raw land, site improvement and costs associated with obtaining government approval. Fully developed and ready to build single family lots are available at different prices depending on size and location.
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48 Number of Permits in CAT city
4.3.3 Construction Costs
Construction costs increased in recent years due to the pressures to meet the growth in the State of California. Competitive bidding also added pressures to construction. The number of bedrooms, bathrooms, size of unit, and amenities also determine costs o f construction.
Cathedral City has traditionally been lower in the cost of new home construction in comparison to other cities in the Coachella Valley. Home prices different depending on amenities and upgrades. Building costs do not appear to be increased through local building codes but with State of California regulations to energy conservation may add additional construction costs.
Prevailing wage requirements add additional restraints on the construction of affordable housing. Construction costs constitute most of the price of a single-family home. In order to cut the costs of construction the following methods can be utilized:
• Simplification of design, reduction of amenities, and use of lower cost materials;
• Replace wood framed homes with manufactured homes;
• Increase units per building and concentrate development geographically to assist the local economy; and
• Participate in programs that provide incentives that reduce construction costs.
4.3.4 Financing
Financing impacts the cost of purchase price and the homebuyer’s ability to purchase. Interest rates fluctuate to meet national factors. Current interest rates are relatively low but the changes can impact the affordability to housing. When the financial crisis began in 2007, a loss of confidence in values of secured mortgages resulted in a liquidity crisis causing the U.S. Federal Reserve, Bank of England and the Central Union Bank to interject capital into the financial
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49 markets. In 2008, the federal government declared the nation being in an official recession. The major crisis was focused on the financial sectors. It remained unclear what all of the major factors of the recession were but the impact ha d been detrimental to the national economy therefore, causing the federal government to initiate the Troubled Assets Relief Program (TARP) in October 2008.
The economic conditions after 2008 resulted in strict lending restrictions that made it difficult for some families to obtain credit in order to qualify for loans. TARP purchases assets and equity from financial institutions in order to improve the situation of the financial sector and addresses the national subprime mortgage crisis. The TARP did not unf reeze the credit markets, which caused the federal government to initiate a stimulus program in February 2009. The stimulus was intended for job creation, offset the loss of State revenue, increase consumer confidence and spending, and help citizens affected by the economic decline and cut taxes. Financing costs in Cathedral City are equivalent to those in other communities throughout the State of California.
Financing costs impact the cost of the unit and the homebuyers’ ability to purchase.
Table 12 details the mortgage applications Riverside-San Bernardino-Ontario area in 2019. There are some factors that affect the loan decision such as debt to income ratio, credit score, home equity, employment). A correlation in denial rates may correlate with the app licant’s ability to repay the loan. From 1996 application 261 (13%) were denied. The data shows 8% of applications by White population was denied compared to 14% among black applicants.
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50 Figure 4: Title 24 Complaint Form
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51 Table 12:
Disposition of Applications for FHA, FSA/RHS, and VA Home-Purchase Loans for 1-4 Family Homes and Manufactured Homes By Selected Income and Race Categories
Applications
Received
Loans
Originated
Apps not
Accepted
Apps Denied Apps
Withdrawn
Files
Incomplete
Race of Applicant
American Indian/Alaska Native 124 82 4 20 18 0
Asian 26 16 1 3 5 1
Black or African American 111 67 5 16 19 4
Native Hawaiian/Pacific Island 31 14 5 2 4 6
White 1413 942 72 177 188 34
Joint (White/ Minority Race) 62 39 4 12 7 0
Race Not Available 229 140 16 31 39 3
Totals 1996 1300 (65.1%) 107 (5.4%) 261 (13.1%) 275 (13.8%) 48 (2.4%) Income of Applicant (based on MSA/MD Median)
Less than 50% 63 40 1 13 9 0
50-79% 324 198 15 47 56 8
80-99% 359 228 19 51 52 9
100-119% 351 239 19 43 44 6
120% or more 862 586 49 99 104 24
Income not available 37 9 4 8 15 1
Totals 1996 1300 (65.1%) 107 (5.4%) 261 (13.1%) 275 (13.8%) 48 (2.4%)
5.0 ASSESSMENT AND RECOMMENDATIONS
Detailed below are impediments found by the AI and the actions that will be taken by the City to address those impediments, and the time frame by which the actions will be implemented.
5.1 IMPEDIMENTS AND ACTIONS
Impediment 1: Landlord-Tenant Conflicts
There were 108 calls to the Fair Housing Council of Riverside County within the last few years. Of those 108 calls the majority of them were related to people with extremely low- income. Fewer conflicts arose from households of higher incomes.
Recommendation:
Action 1: Task a new subrecipient or a City department with the provision of landlord-tenant services including counseling, investigation, mediation and referrals. Cathedral City will contract with the Fair Housing Council beginning July 1, 20 22 and through the term of the Consolidated Plan.
Action 2: Task a new subrecipient or a City department with providing community outreach services to renters and property owners distributing information, answering questions, conducting workshops regarding fair housing rights and responsibilities.
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52 Impediment 2: Disabled Access
We were unable to receive data from Fair Housing Council regarding disabled access. Complaints regarding disability access indicate a shortage of reasonable accommodation. This impediment is relevant due to Cathedral City’s large senior and frail elderly populations. The elderly population is expected to increase as the baby boomer populations continue to age.
Recommendation:
Action 3 : Task a new subrecipient or a City department with providing anti- Discrimination services for the length of the Five-Year Consolidated Plan beginning July 1, 2022.
Action 4 : Task a new subrecipient o r a City department with conducting staff training and community workshops on issues of reasonable accommodation and modifications. A minimum of four trainings/workshops should be conducted during the term of the Consolidated Plan.
Action 5: Offer a rehabilitation grant program that restores or brings homes to an accessible, safe, and healthy environment. The primary goal is to enable the elderly or persons with disabilities to remain in their homes for an extended period of time. The timeframe for this action will take place during the term of the Five -Year Consolidated Plan . Also, create an emergency rehab program.
Action 6: Continue to enforce Title 24 Disability Access Standards and encourage notifications of violations by providing the appropriate forms on the City’s webpage. This enforcement will be ongoing and continuous.
Impediment 3: Access to Fair Housing
The City of Cathedral City is committed to ensuring fair housing choice for the residents.
Recommendation:
Action 7: Review and revise zoning ordinance to remove any provisions, language, and requirements that may be discriminatory or in violation of federal fair housing laws.
Action 8: Review the City’s development fee and processing structure to ensure that it does not impose excessive fees on the construction of housing.
Impediment 4: Homeownership Opportunities
The City realizes the importance and advantages of homeownership and supports and encourages efforts that assist residents expand their homeownership opportunities.
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53 Recommendation:
Action 10: Promote and provide programs that offer first -time homebuyers, for eclosure recovery, and acquisition assistance. Efforts to expand homeownership opportunities will be ongoing and continuous.
Action 11: Task a new subrecipient or a City department with providing First-Time Homebuyer education services including ind ividual counseling and workshops to give potential buyers the tools they need to avoid predatory lending and foreclosure. Topics to be discussed may include:
credit and predatory lending, qualifying for a home loan, budgeting, finding a lender, finding the right home and other issues that arise from owning property. Education efforts to expand homeownership opportunities will occur through the term of all Consolidated Plans prepared by the City of Cathedral City.
5.2 Time Frame
Cathedral City new Consolidated Plan begins on July 1, 20 22. All contracts and programs referenced herein will be effective at that time. The actions will be implemented over the term of the Consolidated Plan.
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54 5.3 Signature Page
I,…………, City Manager, City of Cathedral City, hereby certifies that this Analysis of Impediments to Fair Housing Choice for the City of Cathedral City represents the conclusions about impediments to fair housing choice, as well as the necessary actions to address any identified impediments.
__________________________________ ________________________
Date
City Manager
City of Cathedral City
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55 _________________________________________________________________________________________
APPENDICES
___________________________________________________________________
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Cathedral City Page 1 of 2 Printed on 9/13/2022
Staff Report
City Council
Item No. 6.E
Meeting Date: September 14, 2022
From: John Muhr, Fire Chief
Title: Purchase of One New Ambulance
City Council
RECOMMENDATION:
The Fire Department requests authorization to purchase one Medix MSV 170 ambulance from Republic Emergency Vehicle Services (EVS), to include a Striker Power Gurney and Loader. Additionally, this unit will come equipped with PSEC compatible radios (to be installed and programmed locally).
BACKGROUND:
The fire department operates t hree front-line paramedic ambulances, one out of each fire station. Two ambulances were ordered in June of 2021 to replace aging units. Both new units were delayed several months due to a Ford recall. This delay has put a significant strain on the entire a mbulance fleet which has accelerated the need for the third ambulance replacement. The third ambulance was originally slated for replacement in 2023. Upon delivery of the third ambulance the remaining units will be surveyed to assess their suitability as b ack-up units. It is likely that two of the four reserve ambulances will be declared surplus and will be sold at auction.
DISCUSSION:
As reported to you in 2021, the fire department had planned for the replacement of two frontline ambulance units in thi s current budget, and as part of the original agreement with EVS, Cathedral City had reserved the ability to purchase additional units at the reduced cost similar to the 2021 models. To add to this opportunity, a Ford chassis has become available early at the ambulance manufacturer. Republic Emergency Vehicle Services is offering Cathedral City priority on this ambulance as stated in our agreement from 2021.
This purchase was requested in the City’s Five -Year plan and was to be included in the next two -year budget. This would allow the fire department to keep three identical ambulances in the fleet and lower anticipated maintenance costs for the next several years. Just like the other two ambulances ordered in 2021, this one will also be able to be repowered down the line in leu of a complete replacement.
The department did not obtain updated bids as the purchase price remains near the
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same as in 2021. Bids were obtained in 2021, which are still valid.
The fire department would like to move forward with the purchase from Republic Emergency Vehicle Services immediately to secure the available chassis. We have a commitment that production can start within a month and that they can provide the fire department with the new ambulance by June of 2023.
FISCAL IMPACT:
Fiscal impact to include:
1. 2022 Medix Ambulance MSV 170”. $277,955.40*
2. One PESEC compatible dual band mobile radio and install. $6,474.49*
3. Two Motorola APX8000 Portable radios with charger install. $21,562.49*
4. Riverside County Fire Agencies Frequency programming. $2,000.00
5. 5% Contingency $15,399.62
Total $323,392.00
Funding to come from the Equipment Replacement Fund. * Indicates California State tax included.
ATTACHMENTS:
R-EVS Purchase Agreement
Motorola Quote
Johnson Equipment Quote
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Cathedral City Page 1 of 3 Printed on 9/13/2022
Staff Report
City Council
Item No. 6.F
Meeting Date: September 14, 2022
From: Charles McClendon, City Manager
Title: Resolution Regarding Propositions 26 and 27
City Council
RECOMMENDATION:
To consider resolutions related to Propositions 26 and 27.
BACKGROUND:
Propositions 26 and 27 have qualified for the statewide election ballot for November 8, 2022. In early July officials from the Agua Caliente Band of Cahuilla Indians (ACBCI) reached out to staff requesting a meeting with Mayor Gutierrez to discuss the ACBCI position on the propositions and to seek support for that position. The meeting was held on July 6 and tribal chairman Reid Milanovich explained the ACBCI position on the propositions and asked for support from Cathedral City. Subse quently the topic was raised by Mayor Gutierrez during the discussion of future agenda items at the August 10, 2022 City Council meeting. Council agreed to ask staff to place the item on the next agenda to allow for a full Council discussion.
Council discussed the resolutions during the August 24 Council meeting. No motions related to the resolutions were passed and Council asked for the item to be placed on the next agenda when all Councilmembers would be present.
DISCUSSION:
Following is a summary of the two propositions taken from the California Secretary of State website:
Proposition 26
1886. (19-0029A1)
AUTHORIZES NEW TYPES OF GAMBLING. INITIATIVE CONSTITUTIONAL AND STATUTORY AMENDMENT. Allows federally recognized Native American tribes to operate roulette, dice games, and sports wagering on tribal lands, subject to compacts negotiated by the Governor and ratified by the Legislature. Beginning in 2022, allows on -site sports wagering at only privately operated horse -racing tracks in four specified c ounties for persons 21 years or older. Imposes 10% tax on sports-wagering profits at horse -racing tracks; directs portion of revenues to
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enforcement and problem -gambling programs. Prohibits marketing of sports wagering to persons under 21. Authorizes priva te lawsuits to enforce other gambling laws. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Increased state revenues, potentially reaching the tens of millions of dollars annually, from payments made by facilities offering sports wagering and new civil penalties authorized by this measure. Some portion of these revenues would reflect a shift from other existing state and local revenues. Increased state regulatory costs, potentially reaching the low tens of millions of dollars annually. Some or all of these costs would be offset by the increased revenue or reimbursements to the state. Increased state enforcement costs, not likely to exceed several million dollars annually, related to a new civil enforcement tool for enforcing certain gaming laws. (19-0029A1.)
Proposition 27
1911. (21-0017A1)
ALLOWS ONLINE AND MOBILE SPORTS WAGERING. INITIATIVE
CONSTITUTIONAL AMENDMENT AND STATUTE. Legalizes online and mobile sports wagering, which currently is prohibited, for persons 21 years and older.
Such wagering may be offered only by federally recognized Indian t ribes and eligible businesses that contract with them. Individuals placing bets must be in California and not located on Indian lands. Imposes 10% tax on sports -wagering revenues and licensing fees. Directs tax and licensing revenues first to regulatory costs, then remainder to: 85% to homelessness programs; 15% to nonparticipating tribes. Specifies licensing, regulatory, consumer -protection, and betting-integrity standards for sports wagering. Summary of estimate by Legislative Analyst and Director of Fina nce of fiscal impact on state and local governments: Increased state revenues, potentially reaching the mid- hundreds of millions of dollars annually, from online sports wagering-related taxes, licensing fees, and penalties. Some portion of these revenues would reflect a shift from other existing state and local revenues. Increased state regulatory costs, potentially reaching the mid-tens of millions of dollars annually, that would be fully or partially offset by the increased revenues. (21- 0017A1.)
The full analysis of the propositions from the Legislative Analyst’s Office are attached.
The ACBCI seek Council support for resolutions in support of Propos ition 26 and in opposition to Proposition 27. The sample resolutions proposed by the tribe are attached.
The CalCities Board took a position of neutral on Proposition 26 and opposed on Proposition 27. The following summary comes from the CalCities website:
Action taken on gaming ballot measures
After an update on several priority bills in the Legislature — including measures related to housing and land use, behavioral health services, single -use plastics, and transportation — and ongoing state budget negotiations, the Board took action on two ballot measures that have qualified for the November ballot.
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The Board voted to take a neutral position on Proposition 26, the Cali fornia Sports Wagering Regulation and Unlawful Enforcement Act. This ballot measure would legalize in-person sports wagering on tribal lands and specific horse racing tracks and allow roulette and dice games at tribal casinos. It would also impose a new 10% state tax on horse racing tracks based upon daily sports wagers.
Additionally, the Board voted to oppose Proposition 27, the California Legalize Sports Betting and Revenue for Homelessness Prevention Fund, for several reasons: It jeopardizes local tax re venues, fails to ensure that all California cities receive funding to address homelessness, lacks proper enforcement mechanisms commensurate with the substantial increase in virtual sports wagering, and creates an unlevel playing field between existing car drooms and new market participants.
This proposed measure would authorize online sports wagering in California upon the payment of a multimillion -dollar licensing fee and periodic renewal fees.
It would also impose taxes payable to the state, some of which would be required to be allocated to the Homeless Housing, Assistance, and Prevention Program.
FISCAL IMPACT:
None with these resolutions
ATTACHMENTS:
Prop26-Legislative Analysis
Prop27-Leiglative Analysis
Resolution Prop 26
Resolution Prop 27
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