CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, October 12, 2022
5:30 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
MAYOR
Ernesto Gutierrez
CITY COUNCIL MEMBERS
Mayor Pro Tem
Rita Lamb
Councilmember
Mark Carnevale
Councilmember
Nancy Ross
Councilmember
Raymond Gregory
• CALL TO ORDER
• PLEDGE OF ALLEGIANCE
• INVOCATION (MOMENT OF REFLECTION)
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.
1. SPECIAL PRESENTATIONS
A. Recognition Fire Chief John Muhr
B. Ofelia Bringas Memorial Bridge Award Presentation
2. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Cathedral City P a g e 2
Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response f rom staff to questions raised during public comment or may request a matter be agendized for a future meeting. Public Comment will be limited to three (3) minutes.
3. COUNCIL REPORTS
This is an opportunity for each member of the City Council to report on any conferences they attend, local events or make any other comments they may have.
4. CONSENT AGENDA
The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.
A. Waive Full Reading of Ordinances on Agenda
B. Minutes Approval
1. City Council - Study Session - Sep 28, 2022 3:00 PM
2. City Council - Regular Meeting - Sep 28, 2022 5:30 PM C. Resolution Adopting Amended Conflict of Interest Code Recommendation: Staff recommends that the City Council approve a Resolution rescinding Resolution 2020-54 and adopting a Conflict-of-interest Code applicable to designated positions by incorporating Regulation 2, California Code of
Regulations, Section 8730 - the Standardized Conflict-of- interest Code as well as Appendices in which members and employees are designated and disclosure categories are set forth.
D. 2022-2023 Office of Traffic Safety STEP Grant PT23016 Recommendation: To accept the California Office of Traffic Safety Selective Traffic Enforcement Program Grant in the amount of
$50,000.
5. ITEMS PULLED FROM CONSENT
6. PUBLIC HEARINGS
A. Conditional Use Permit No. 21-016
Recommendation: 1. Conduct a public hearing to consider an appeal of the Planning’s Commission’s denial of Conditional Use Permit No. 21-016 to construct a five pump (10 vehicle fueling positions) fuel station with a 174 square-foot attendant kiosk on a 0.65-acre site within the PCC (Planned Community
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Commercial) Zoning District and Specific Plan 90-43A; and
2. Affirm, reverse, or modify, in whole or in part, the Planning Commission’s decision.
7. LEGISLATIVE ACTIONS
A. Sign Toppers for Ocotillo Square Neighborhood
Recommendation: Approve the installation of 21 sign toppers in the Ocotillo Square neighborhood at a total cost of $5,455 to be paid from Council district improvement funds and authorize the waiver of the sign topper application fee and staff report preparation fee.
B. Contract for Facilities Services and Master Plan
Recommendation: Approve a multi-year contract for Facilities Services in an amount not to exceed $247,000 with MAAS Companies Inc
resulting in a General Fund budget amendment in FY 2022- 2023 of $75,000. The remaining to be incorporated during the biennial budget process for FY 2024/2025.
C. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.
Update on Emergency Actions taken by City, County, State of Federal Agencies.
Possible consideration of additional measures to be taken.
Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.
8. DISCUSSION ON FUTURE AGENDA ITEMS
This is an opportunity for members of the City Council to request that, and for the City Council to discuss whether, one or more items should be added to the agenda of a future regular or special City Council meeting. To comply with the Brown Act, discussion should be limited to whether to add the item(s), and direction given to the City Manager regarding scheduling and prioritization of the item(s).
9. CLOSED SESSION
ADJOURN
NOTES TO THE PUBLIC:
The City of Cathedral City complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.
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If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon at the appropriate time.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 68 -700 Avenida Lalo Guerrero during normal business hours. In additi on, such documents will be posted on the City’s website at www.cathedralcity.gov.
CITY COUNCIL
MINUTES
Study Session
Wednesday, September 28, 2022
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor Ernesto Gutierrez. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 3:00 PM
Rita Lamb Mayor Pro Tem Present 3:00 PM
Mark Carnevale Councilmember Present 3:00 PM
Nancy Ross Councilmember Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM
• AGENDA FINALIZATION
There were no changes to the agenda.
1. CLOSED SESSION
2. PUBLIC COMMENT
There were no members of the public that wished to speak.
3. STUDY SESSION
A. Update on HSIP Cycle 10 Pedestrian Signal on Ramon Road Recommendation: Update City Council on the Highway Safety Implementation Program (HSIP) Cycle 10 Pedestrian Signal Project for
information and discussion only. The focus of the update will be on median fencing.
Councilmember Raymond Gregory recused himself from the discussion of t his item.
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John Corella, Director of Engineering and Public Works, provided an overview on the HSIP Cycle 10 Pedestrian Signal on Ramon Road. The following points were presented:
• Purpose
• Median Fencing Examples
• Background
• Cal Trans Approved Configuration
• Median Refuge Island Examples
• Median Fencing Location
• Median Fencing Options
• Costs
• Next Steps
After discussion, the City Council directed staff to bring back a design with the city Logo and cost to consider at a future meeting.
Councilmember Raymond Gregory rejoined the meeting.
B. COVID-19 CDBG Small Business Grant Assistance Program Recap Recommendation: This item is presented for information and discussion only.
Councilmember Raymond Gregory rejoined the meeting for the discussion of Item 3B.
Stone James, Economic Development Director, provided an overview of the CDBG COVID-19 Small Business Assistance Program. The following points were presented:
• History
• Types of Grants and Loans Available and Completed
• Local Businesses Appreciation
This item was for information and discussion only, there was no formal action taken by the City Council.
C. North City Specific Plan Overview
Recommendation: This item is presented for information, discussion and direction only.
Stone James, Eco nomic Development Director, provided an overview of the North City Specific Plan. The following items were presented:
• Background
• 2009 NCSP Development Goals
• Current Conditions
• Utilities
• Contemplated Land Uses
Ron Schwartz, Owner of land locate d in the northeast corner of Date Palm and the I -10 freeway, provided his input and experience in developing real estate
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projects and what he feels is needed to get development in the north city area.
It was the consensus of the City Council, in an effort to be flexible, to take an incremental approach, whereas if a proposed project meets certain criteria, then the City Council would be willing to entertain amendments to the plan. They directed staff to draft a document with the appropriate criteria goals listed.
D. Update on Council Goals for 2022
Recommendation: This item is presented for information, discussion and direction only.
City Manager Charles McClendon provided an update on the City Council Goals of 2022. He provided the status of the goals under the following sections:
• Parks and Recreation
• Streets and Infrastructure
• Finance & General Government
• Code Enforcement
• Public Safety
• Community & Economic Development
After discussion, the City Council directed staff to continue working o n the development of Electric Vehicle transition to comply with the upcoming state mandate and include consideration of providing publicly accessible charging stations.
ADJOURN
Mayor Ernesto Gutierrez adjourned the Study Session meeting at 5:16 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City
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CITY COUNCIL
MINUTES
Regular Meeting
Wednesday, September 28, 2022
5:30 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE
Mayor Pro Tem Lamb led the Pledge of Allegiance.
• INVOCATION (MOMENT OF REFLECTION)
Councilmember Nancy Ross offered the Invocation.
• ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 5:30 PM
Rita Lamb Mayor Pro Tem Present 5:30 PM
Mark Carnevale Councilmember Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM
• AGENDA FINALIZATION
1. PUBLIC COMMENT
Kayla DeGuzman, Cathedral City High School Band member, provide d an overview of the Band's upcoming events and opportunities for sponsorship of their program.
Raymond Hernandez, Cathedral City Resident, commented on the need for baseball and softball leagues and facilities within the City.
Adrian Rendon, Desert Hot Springs Resident, supports the comments made by Raymond Hernandez.
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Rick Saldivar, Cathedral City Resident, commented on community safety and ways to reduce recidivism.
Donald Lopez, California Department of Corrections Adult Parole Operations, provided a brief overview of their program and their relationships with organizations to help reduce recidivism.
2. COUNCIL REPORTS
Councilmember Nancy Ross reported that she helped to prepare some words for the Celebration of Life for the late Sammy Pace. She stated that he will be missed at the Boys and Girls Club Annual Meatball Festival this coming weekend and encouraged everyone to participate in the event. She reported that she met with the Energy and Environmental Commission where they discussed the Salton Sea. She also reported that she met with several constituents that are suffering from discrimination and housing issues. She reported that she met with businesses interested in coming to Cathedral City. She provided a brief overview of the new development a long Highway 111 called the Cathedral Cove shopping center. She gave a shout out to Ryan Hunt, Communications and Events Manager, for what he has accomplished so far, and she is thrilled to work with him.
Councilmember Gregory stated that it has been a bu sy couple of weeks. He reported that he met with many citizens related to the upcoming election. He reported that he met with Ryan Hunt, Communications and Events Manager, to film videos related to the open seats on the Commissions. He announced the upcomi ng Meatball Festival, the Battle in the Desert Boxing event, the Ofelia Bringas Bridge Dedication Ceremony, the Cathedral City High School Homecoming Parade, and Fall Fest . He also announced the upcoming Tejano Music Fest, Spooktacular, and the Hot Air Bal loon Festival. He mentioned that the Old Gays appeared in an issue of Men's Health Magazine and is proud of the diversity in the City.
Mayor Pro Tem Rita Lamb recognized Karen Riley from the S.C.R.A.P. Gallery for being awarded the 2022 Outstanding Organi zation by the North American Association of Environmental Education. She also thanked Karen Riley, Sue Townsley and Bob McKechnie for their work in helping Cathedral City become a “City of Peace.” She stated that while traveling in Ireland she learned that in St.
Patrick's Cathedral there is a dedication to peace. She encouraged everyone to go out and support the Cathedral City High School Football team on Friday night. She gave a shout out to the Public Arts Commission for their work on the Ofelia Bringas Bridge artwork. She announced the upcoming Veteran's and Community Expo , scheduled for Oct 8, 2022. She reported that she attended the Veteran's for Peace 17th Annual International Day of Peace awards ceremony. She announced the upcoming Fields of Valor on November 11, 2022, and the Noon Rotary’s Hero's Dinner on October 28, 2022. She reminded everyone that it is Hispanic Heritage month. She reported that she attended the CVAG Executive Committee meeting , as an alternate, where they discussed the Indian Can yon blowsand and rain issue. She welcomed new Fire Chief Michael Contreras to the City. She reported that she received resident concerns related to 2nd Street Dog Park, Desert Recreation District, the need for dog bag reciprocals, and bulky item pick -up. She also reported that she spoke to a representative from Desert Arts , which will be located in the
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Canyon Plaza South.
Councilmember Mark Carnevale reported that he attended the CVEP meeting and Homeless Committee meeting. He reported that he spoke with A drian Rendon about bringing softball and baseball to the City. He also reported that he attended a lunch with the Cathedral City Police Association. He reported that he met with a land owner and Stone James, Economic Development Director to discuss the Nor th City development. He announced the upcoming Field s of Valor . He reported that he attended the Dinner with Patsi fundraiser at the Barrel District and the Senior Center's International Day of Peace event. He stated that he is honored to provide lunch at his Restaurant, Nicolino's, for the volunteers and staff at the Senior Center on October 3, 2022, to thank them for all they do. He reported that he will be attending the All Valley Mayor and Tribal Chair Luncheon, the PSUSD State of the District and the Meatball Festival.
Mayor Ernesto Gutierrez reported that he met with a local resident interested in developing homes in the Dream Homes area. He reported that he also met with a resident that had issues related to his tenants and Code Enforcement. He also reached out to a property owner to make him aware that his tenants had debris outside his property, who was very thankful. He also reported that he met with a business owner who needed guidance with his architect and the Planning Department, and feels Robert Rodriguez, Planning and Building Director, is doing an amazing job. He reported that he met with former Mayor Stan Henry to discuss grant opportunities for electric vehicle charging stations . He also reported that he attended the League of California Ci ties Riverside County Division Mayors meeting where they discussed SB 1338 . He reported that he met with a Developer who is working on a project in the City, representatives from Salvation Army to discuss the upcoming Veteran's Expo on Oct 8, 2022, and wit h City Manager to discuss the upcoming agenda and other city issues. He also reported that he drove around the City to see the projects that are happening and was pleased to learn that residents are excited to see the road improvements. He stated that he came into City Hall on a Friday and spoke with customers who were happy be able to do business on a Friday. He reported that he attended the Senior Center International Day of Peace event and the Celebration of Life for Sammy Pace. He offered his condolence s to Scott and Kara Robinson for their recent family loses.
3. CONSENT AGENDA
A motion was made by Councilmember Carnevale and seconded by Councilmember Ross to approve the following Consent Agenda items:
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A. Waive Full Reading of Ordinances on Agenda
M.O. 2022-164
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B. Minutes Approval
M.O. 2022-165
1. City Council - Study Session - Sep 14, 2022 3:00 PM
2. City Council - Regular Meeting - Sep 14, 2022 5:30 PM C. Receive and File Payment of Claims and Demands for August 2022 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency and the Cathedral City
Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of $10,190,781
for the month of August 2022.
M.O. 2022-166
D. Accept Resignation of Jill Philbrook from the Palm Springs International Airport Commission
Recommendation: Staff recommends the City Council accept the resignation of Jill Philbrook from the Palm Springs International Airport Commission effective immediately and direct staff to
proceed with filling the vacant seat.
M.O. 2022-167
E. Second Reading of Planned Unit Development No. 21-001, Tentative Parcel Map No. 37876, Conditional Use Permit Nos. 21-006, 21-007, 21- 008 and 21-009, Design Review Nos. 21-001, 21-002 and 21-003, Zone Ordinance Amendment No. 21-001, and Master Sign Program No. 22-019 Recommendation: That the City Council, based on the recommendation of the Planning Commission:
1. Adopt the Mitigated Negative Declaration and associated Mitigation Monitoring and Reporting Program (MMRP) in
accordance with the California Environmental Quality Act and based on the Initial Study attached hereto;
2. Provide second reading by title only, and adopt and
ordinance approving Zone Ordinance Amendment No. 21-
001, making certain textual changes to Chapter 9.31, Mixed Use Commercial, of the Cathedral City Municipal Code,
based on the findings and conclusions in the staff report;
3. Approve Planned Unit Development No. 21-001, Tentative Parcel Map No. 37876, and Design Review Nos. 21-001, 21- 002 and 21-003 based on the findings and conclusions in the staff report and subject to the attached Conditions of Approval and final adoption of Zone Ordinance Amendment No. 21-001;
4. Approve Conditional Use Permit Nos. 21-006, 21-007, 21- 008 and 21-009 based on the findings and conclusions of
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the staff report and subject to the attached Conditions of Approval and final adoption of Zone Ordinance Amendment No. 21-001; and
5. Approve Master Sign Program No. 22-019 based on the
findings and conclusions of the staff report and subject to the attached Conditions of Approval.
Ord 864
F. Adopt the Resolution Accepting Two Declarations of Dedication and the Offer of Dedication of Lot "F" of Parcel Map No. 30726, for Public Street Purposes, for use as an Access Road to a New Water Reservoir and Accepting the Access Road into the City Maintained Street System Subject to its Improvement
Recommendation: Adopt a Resolution making findings and accepting the Declarations of Dedication recorded on February 3, 1982; rescinding the previously rejected offer of dedication of Lot “F” of Parcel Map No. 30726; accepting the dedication of Lot “F”; and accepting the access road granted by said
Declarations of Dedication and on Lot “F” of Parcel Map No. 30726, into the City maintained street system, subject to their improvement.
Reso 2022-48
G. School Resource Officer Contract 2022-2024
Recommendation: To authorize an agreement, in the amount not to exceed, $324,400, by and between the City of Cathedral City and Palm Springs Unified School District (District) for the Police Department to provide the District one trained police officer on a full-time basis as a School Resource Officer (SRO) for FY 2022/23 and FY 2023/24.
M.O. 2022-168
H. Approve Cathedral City High School Homecoming Parade Special Use Permit 22-007
Recommendation: To approve Special Use Permit 22-007 for the Cathedral City High School Homecoming Parade and waive the
application fee.
M.O. 2022-169
4. ITEMS PULLED FROM CONSENT
5. PUBLIC HEARINGS
6. LEGISLATIVE ACTIONS
A. Fiscal Year (FY) 2022/2023 Proposed Staffing Budget Adjustments Recommendation: Recommend City Council approve FY 2022/2023 Proposed Staffing Budget Adjustments
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It was the consensus of the City Council to direct staff to agendize an item to consider a grant writing position.
M.O. 2022-170
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve the FY 2022/2023 Proposed Staffing Budget Adjustments.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.
Update on Emergency Actions taken by City, County, State of Federal Agencies.
Possible consideration of additional measures to be taken.
Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.
City Manager Charles McClendon provided an update on emergency actions related to COVID -19. News is good and trending in the right direction. He recommended that the City Council take action to extend Resolution 2020-06.
M.O. 2022-171
A motion was made by Ma yor Pro Tem Lamb and seconded by Councilmember Carnevale to extend Resolution 2020 -06, which proclaims the existence of an emergency situation and local emergency due to the worldwide spread of COVID-19.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rita Lamb, Mayor Pro Tem
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
7. DISCUSSION ON FUTURE AGENDA ITEMS
8. CLOSED SESSION
ADJOURN
Mayor Ernesto Gutierrez adjourned the Regular City Council meeting at 8:06 p.m. in memory of Sammy Pace.
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Mayor, City of Cathedral City City Clerk, City of Cathedral City
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Staff Report
City Council
Item No. 4.C
Meeting Date: October 12, 2022
From: Tracey Hermosillo, City Clerk
Title: Resolution Adopting Amended Conflict of Interest Code
City Council
RECOMMENDATION:
Staff recommends that the City Council approve a Resolution rescinding Resolution 2020-54 and adopting a Conflict-of-interest Code applicable to designated positions by incorporating Regulation 2, California Code of Regulations, Section 8730 - the Standardized Conflict-of-interest Code as well as Appendices in which members and employees are designated and disclosure categories are set forth.
BACKGROUND:
The Political Reform Act of 1974 (Government Code Section 8100, et. seq.) requires state and local government agencies to adopt a Conflict -of-interest Code. The Code must be reviewed and renewed by the City Council in even -numbered years.
Designated City officials and employees are required to complete a Statement of Economic Interest Form 700 when assuming office, leaving office, and on an annual basis while holding office. Positions that are included are those making or participation in making governmental decisions which may have material effect on any financial interest. The original Form 700 for these filers is filed in the City Clerk’s Office.
In addition, pursuant to Government Code Section 87200, the following positions shall also file a Statement of Economic Interest Form: Council Members, City Manager, Planning Commissioners, City Attorney and City Treasurer. These filers file their forms electronically with the Fair Political Practices Commission. These positions are not included in the proposed resolution.
DISCUSSION:
The City’s Conflict -of-interest Code was last updated in October 20 20. The following changes are recommended and are reflected in Appendix “ A” of the proposed Resolution:
Removed:
Accounting Services Manager
IT Manager
Permit Specialist I
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Permit Specialist II
Program Administrator
Senior Engineer
Added:
Assistant City Manager
Building Inspector
Chief Technology Officer
City Engineer
Deputy Finance Director
Fire & Life Safety Inspector
Plans Examiner
Model Disclosure Categories have been used as provided by the Fair Political Practices Commission. A primary purpose of the code is to require disclosure of those types of investments, interests in real property, sources of income and business positions that designated positions may affect in their decision making. These disclosure categories are included in Appendix “B” of the attached Resolution.
FISCAL IMPACT:
There is no fiscal impact associated with Council taking action on this item.
ATTACHMENTS:
Resolution Conflict of Interest 2022
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RESOLUTION 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, RESCINDING RESOLUTION 2020 -54 AND
ADOPTING A CONFLICT -OF-INTEREST CODE APPLICABLE TO
DESIGNATED POSITIONS BY INCORPORATING REGULATION 2,
CALIFORNIA CODE OF REGULATIONS, SECTION 18730 – THE
STANDARDIZED CONFLICT-OF-INTEREST CODE
WHEREAS, The California Fair Political Practices Commiss ion has adopted Regulation 2, California Code of Regulations, Section 18730, which contains the terms of a Standard Conflict-of-Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to co nform to amendments in the Political Reform Act after public notice and hearings; and
WHEREAS, a Conflict -of-Interest Code for City Officials, Employees and Commissioners was adopted on October 14, 2020, by Resolution 2020-54; and
WHEREAS, since the last revision of Cathedral City’s Conflict-of-Interest Code on October 14, 2020, it has been determined that there are proposed revisions to the Code; and
WHEREAS, Government Code Section 87306.5 requires every local agency to review its Conflict-of-Interest Code in all even numbered years.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Resolution 2020-54 is hereby rescinded in its entirety.
SECTION 2. In compliance with Government Code 87300, the City Council hereby adopts the attached Conflict-of-Interest Code, Exhibit “A,” which incorporates Regulation 2, California Code of Regulations, Sections 18730 – The Standardized Conflict-of-Interest Code, by refe rence, as well as Appendices in which members and employees are designated and disclosure categories are set forth.
SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution, and it shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 12th day of October, 2022.
Ernesto Gutierrez, Mayor
Cathedral City
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Attachment: Resolution Conflict of Interest 2022 (3436 : Resolution Adopting Amended Conflict of Interest Code)
ATTEST:
Tracey R. Hermosillo, City Clerk
Cathedral City
I, TRACEY R. HERMOSILLO, CITY CLERK of the City of Cathedral City, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Cathedral City held on the 12TH day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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Attachment: Resolution Conflict of Interest 2022 (3436 : Resolution Adopting Amended Conflict of Interest Code)
EXHIBIT “A”
CONFLICT-OF-INTEREST CODE
CATHEDRAL CITY
SECTION 1. AUTHORITY. This Code is adopted pursuant to and in compliance with Section 87300 of the California Government Code.
SECTION 2. EFFECT. This Code is in addition to State laws pertaining to conflicts of interest of Cathedral City officers and employees and is not intended to abridge of otherwise modify such laws.
SECTION 3. STANDARDIZED CODE ADOPTED. The terms of the California Code of Regulations Section 18730 and any amendments to it, duly adopted by the Fair Political Practices Commission, are hereby incorporated by reference along with the attached Appendix “A”, in which officials and employees are specified and Appendix “B”, in which disclosure categories are set forth, constitute the Conflict-of-Interest Code of the City of Cathedral City.
The herein Conflict -of-Interest Code of the City of Cathedral City, so adopted, amends and repla ces any Conflict -of-Interest Code of the City of Cathedral City previously in effect to conform to the herein newly adopted Code. All terms or words in this Conflict -of-Interest Code and its Appendices shall have such meanings as are associated thereto in the Political Reform Act, as amended from time to time.
SECTION 4. STATEMENTS. Designated employees and other shall file statements of economic interest with the City Clerk, or their designee, who shall be and will perform the duties of the filing offi cer for the City of Cathedral City. All newly designated employees and others shall file an initial statement within thirty (30) days after the effective date of the herein Code. The annual statement of economic interests shall be duly filed no later than April 1 of each calendar year.
SECTION 5. EFFECTIVE DATE. This Code shall take effect immediately upon its approval by the City Council of Cathedral City.
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Attachment: Resolution Conflict of Interest 2022 (3436 : Resolution Adopting Amended Conflict of Interest Code)
APPENDIX “A”
The following is a listing of positions for which the employee is required to sub mit Statements of Economic Interests (Form 700) pursuant to the Political Reform Act of 1974:
POSITIONS DISCLOSURE CATEGORIES
Accountant II 1, 2, 3
Administrative Analyst II 1, 2, 3
Administrative Assistant II – Fire 1, 2, 3
Administrative Services Director 1, 2, 3, 4, 5, 6
Assistant City Manager 1, 2, 3, 4, 5, 6
Assistant Facilities Maintenance Supervisor 1, 2, 3, 4, 5 Associate Planner 1, 2, 3, 6
Battalion Chief – Fire Department 1, 2, 3, 4, 5
Building Inspector 1, 2, 3
Chief Building Official 1, 2, 3, 4, 5, 6
Chief Technology Official 1, 2, 3, 4, 5
City Clerk 1, 2, 3, 4, 5
City Engineer 1, 2, 3, 4, 5, 6
Code Compliance Development Manager 1, 2, 3, 4, 5, 6
Communications/Events Manager 1, 2, 3, 4
Deputy Finance Director 1, 2, 3, 4, 5, 6
Development Project Manager 1, 2, 3, 4, 5, 6
Director of Engineering/Public Works 1, 2, 3, 4, 5, 6
Director of Planning and Building 1, 2, 3, 4, 5, 6
Economic Development Director 1, 2, 3, 4, 5, 6
Facilities and Field Manager 1, 2, 3, 4, 5, 6
Fire Chief 1, 2, 3, 4, 5
Fire &Life Safety Inspector 1, 2, 3
Human Resources Manager 1, 2, 3, 4, 5
Licensing Officer 1, 2, 3, 4, 5
Public Works & Environmental Conservation Manager 1, 2, 3, 4, 5, 6 Plans Examiner 1, 2, 3
Police Chief 1, 2, 3, 4, 5
Police Commander 1, 2, 3, 4, 5
Public Works Supervisor 1, 2, 3, 4, 5
Senior Admin Analyst 1, 2, 3
Consultants *
*Consultants shall be included in the list of designated employees and shall disclose, pursuant to the bro adest disclosure category in the Code, subject to the following limitations:
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The City Manager or Agency’s Executive Director may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon the description, a statement of the extent of disclosure requirements, the City Manager/Executive Director’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict-of-Interest Code.
CONSULTANTS
Commission Regulation § 18700 defines “consultant” as an individual who, pursuant to a contract with a state or local government agency:
A. Makes a governmental decision whether to:
a. Approve a rate, rule or regulation;
b. Adopt or enforce a law;
c. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order or similar authorization or entitlement; d. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval;
e. Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; f. Grant agency approval to a plan, design, report, study or similar item; g. Adopt or grant agency approval of policies, standards or guidelines for the agency or for any subdivision thereof; or
B. Serves in a staff capacity with the agency and that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency’s Conflict -of-Interest Code.
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APPENDIX “B”
APPENDIX OF DISCLOSURE CATEGORIES
Category Description
Category 1 Persons in this category shall disclose all interests in real property within the jurisdiction if the interest has a value of $2,000 or more.
Real property shall be deemed to be within the jurisdiction if the property or any part of it is within or not more than 2 miles outside the boundary of the City.
Category 2 Persons in this category shall disclose all investments and business positions. Investment means any financial interest in or security issued by a business entity, including but not limited to common stock, preferred stock, rights, warra nts, options, debt instruments and any partnership or other ownership interest, if the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, or has done business within the jurisdiction at any time during the two years prior to the time of any statement or other action is required under this title. No asset shall be deemed an investment unless its fair market value exceeds two thousand dollars ($2,000). The term “investment” d oes not include a time or demand deposit in a financial institution, shares in a credit union, any insurance policy, or any bond or other debt instrument issued by any government or government agency. Investments of an individual includes a pro rata share of investments of any business entity or trust in which the individual or spouse owns, directly, or beneficially, a ten percent interest or greater.
Category 3 Persons in this category shall disclose all income received from any source located or doing business within the jurisdiction or expecting to do business within the jurisdiction. Income received from a public agency need not be disclosed. Income of persons in this category also includes a pro rata share of any income of any business entity located or doing business within the jurisdiction in which the person or spouse owns, directly, indirectly or beneficially a ten percent interest or greater.
Category 4 Persons in this category shall disclose all income from investments in and business positio ns with businesses which manufacture or sell supplies, equipment, or services of the type utilized by the Department in which the person is employed or which is subject to the jurisdiction of an appointed Commission or Board.
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Category 5 Persons in this category shall disclose all investments in business positions with an income from all banks, savings and loan associations, insurance companies, investment companies, stockbrokers, title companies, financial consultants, data processing firms or consultants.
Category 6 Persons in this category shall disclose all business positions with income from and investments in business entities in the construction or building industry within the jurisdiction.
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Cathedral City Page 1 of 2 Printed on 10/10/2022
Staff Report
City Council
Item No. 4.D
Meeting Date: October 12, 2022
From: George Crum, Police Chief
Title: 2022-2023 Office of Traffic Safety STEP Grant PT23016
City Council
RECOMMENDATION:
To accept the California Office of Traffic Safety Se lective Traffic Enforcement Program Grant in the amount of $50,000.
BACKGROUND:
Recognizing the needs of the community for additional traffic safety and enforcement opportunities, the Cathedral City Police Department applied to the California Office o f Traffic Safety (OTS) for a Selective Traffic Enforcement Program (STEP) Grant. The purpose of the STEP Grant is to reduce the number of persons killed and injured in traffic collisions involving alcohol, drugs and other primary collision factors utilizi ng "best practice" enforcement and educational strategies.
DISCUSSION:
The OTS STEP Grant is a one -year grant funding opportunity, starting on October 1st, 2022 and ending on September 30th, 2023. The grant funding will cover personnel overtime costs t o conduct safety and enforcement operations, including DUI saturation patrols, DUI checkpoint(s), form collaborative operations with neighboring police agencies and provide educational presentations. The program will concentrate on primary collision facto rs, distracted driving, seat belt enforcement, operations at intersections with disproportionate numbers of traffic collisions, and special enforcement operations encouraging pedestrian, bicycle and motorcycle safety. These strategies are designed to earn media attention thus will enhance the overall deterrent effect of impaired driving and collision-causing driving. The Department plans to conduct several operations during the course of the grant period in an effort to bring more attention to the issues of traffic safety within the community.
FISCAL IMPACT:
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There is no financial impact to the General Fund. The Grant funding covers the overtime costs of the personnel involved in the various operations not to exceed $50,000 during the grant period.
ATTACHMENTS:
Grant Agreement - PT23016 - signed
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State of California Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT23016
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Cathedral City From:
To:
10/01/2022
09/30/20234. AGENCY UNIT TO ADMINISTER GRANT
Cathedral City Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $50,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A Problem Statement, Goals and Objectives and Method of Procedure Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A Certifications and Assurances
Exhibit B* OTS Grant Program Manual
Exhibit C Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Julio Luna
Commander Operations Division
[email protected]
(760) 770-0315
68-700 Avenida Lalo Guerrero
Cathedral, CA 92234
ADDRESS: George Crum
Chief of Police
[email protected]
760-770-0310
68-700 Avenida Lalo Guerrero
Cathedral, CA 92234
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Jennifer Nellis
Financial Analyst
[email protected]
(760) 770-0371
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
ADDRESS: Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)
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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
PBMZGAPS38P4
68700 Avenida Lalo Guerrero
Cathedral City
92234-1208
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
164AL-23 20.608 0521-0890-101 2022 43/22 BA/22 $30,000.00 402PT-23 20.600 0521-0890-101 2022 43/22 BA/22 $20,000.00
AGREEMENT
TOTAL $50,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$50,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
{{_es_signer5_signature}} {{_es_signer5_date}} $50,000.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT23016
1. PROBLEM STATEMENT
The City of Cathedral City is in Riverside County, situated between Palm Springs, Rancho Mirage, and Interstate 10. Geographically, it is 22.75 square miles, with a population of over 54 thousand residents, making it the second largest city in the Coachella Valley and the 13th largest City in Riverside County. The Coachella Valley has approximately 400,000 residents in total - with many of its residents commuting to work in nearby Valley communities. The Coachella Valley has a higher population rate of increase than the rest of California, with a rate of 1.4% compared to the rest of the state being at 1%.
Cathedral City has historically experienced a seasonal population increase of up to 15,000 part-time and seasonal residents. A great number of tourists from other areas of the U.S. and Canada spend their Autumn and Winter months in the Coachella Valley. Out-of-state residents are often retired or elderly and accustomed to driving rules and customs from their home region which continues to be a factorin a growing number of crashes throughout the Coachella Valley.
Cathedral City is also home to a large population originating from Mexico and Central America. Riverside County continues to be one of the fastest growing counties in the state with those expectations to continue. With the continued population growth in Cathedral City, along with the continued numbers of injury and fatal crashes, the Police Department (CCPD) has had to address growing traffic-related issues in traditional and newer, more creative ways.
To address traffic enforcement, CCPD maintains its "Traffic Unit" which consists of two full time Traffic Enforcement Officers to specifically focus efforts on traffic law enforcement and traffic crash investigations. They are supervised by a sergeant, who has this and other additional collateral duties. All three employees are components of the department's "Traffic Accident Investigation Team" which is called upon to investigate significant injury or fatal traffic crashes. These investigations take up a significant amount of time and manpower.
To combat a significant increase in pedestrian injury and fatal traffic crashes in 2018, CCPD started a The Bicycle Enforcement Team was started with funds from our General Three officers were
operate as bicycle enforcement officers. A major focus of enforcement effort concentrates on a one-mile commercial corridor where the majority of fatal pedestrian crashes continue to occur.
Education is another component of this program. The bicycles enable officers to access the public in approachable and non-traditional ways to deliver safety messages congruent with creating safe pedestrian habits. CCPD has also completed media releases and conducted TV media interviews in both English and Spanish in effort to reach the pedestrian public regarding the dangers of crossing the roadway in unsafe and unlawful locations. Several signs have been placed along this corridor, in both English and Spanish, warning of the danger of crossing the road in places other than where it is legally permitted to do so. This area in Cathedral City has been and continues to be problematic as pedestrians access the bordering commercial area from the nearby residential areas, crossing illegally through fast moving traffic. It should be noted that in Cathedral City - as is in most of the Desert Community, there underground utilities and limited streetlights, are in place - limiting driving vision and pedestrian judgment of oncoming traffic and vehicle speeds.
Cathedral City is geographically situated in the middle of the most populated portion of the Coachella Valley, which becomes a tourist and vacation destination throughout the year. Motorists travel through Cathedral City to reach other Coachella Valley destinations such as the Palm Springs International Airport. This is a starting point for seasonal residents and tourists, from past POTUS administrations to literally hundreds of thousands that attend major events such as the Palm Springs Film Festival (portions of which take place in our jurisdiction), Coachella Music and Arts Festival, the Stagecoach Music Festival, the B&P Paribas Open Tennis Tournament and numerous PGA and LPGA golf tournaments. Cathedral City borders the Palm Springs International Airport, which, for celebrities and dignitaries alike, is often the starting point for
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motorcades requiring escorts or some form of dignitary protection. Cathedral City is also situated between two large Tribal casinos - one in Palm Springs and one in Rancho Mirage. In 2020, the Agua Caliente Band of Cahuilla Indians completed the construction of a 65,000 square foot casino in Cathedral City at a major corridor intersection. The increase in traffic from this is yet to be determined, as the Covid Pandemic has impacted recent traffic flows, however an increase of over 10,000 cars a day has been estimated at this intersection. As the traffic flow increases, police services required to adequately address these issues must also increase - as this will place a burden on all aspects of our traffic services.
CCPD is impacted by law changes surrounding the cannabis industry. Cathedral City has approximately 50 permitted cannabis businesses, with three having licenses for a on-site lounge. Of those over 50 businesses there are over 66 separate licenses to manufacture, distribute, and sell cannabis products. There is still an undetermined amount of licensed and unlicensed delivery services, some of which originate from other Coachella Valley communities. CCPD is impacted by the City being considered a The additional problems that exist with under-the-influence drivers, cannabis and alcohol-influenced motorists have created additional DUI-related problems. CCPD has a training goal to have all officers SFST and ARIDE certified and develop and maintain DRE trained officers on all patrol shifts. Over the past several years, with the assistance of OTS grants, we are well on our way to accomplishing that goal.
The STEP grant awarded to CCPD in past years has provided equipment and economic resources allowing us to provide more impactful enforcement efforts.
to 42/102 in 2018 and DUI arrests changed the ranking from 55/106 in 2017 to N/A (as reported on OTS).
According to our data, Cathedral City Police responded to and handled a total of 93 injury-crash events in the 2020-2021 grant quarters 1,2,3 and 4. In those crashes, 16 people were injured in alcohol related crashes (DUI) and five people were killed in vehicle crashes over this grant period. Three of those five killed were DUI related. The top primary crash factors in 2020 and 2021 changed from the previous grant period of CVC 22350, to CVC 21453(a) - Failure to Stop at Red Light. Speed (CVC 22350) was the second most cause of crashes with DUI being the third most cause.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to 1 4.D.a
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your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
2. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 3.
and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the DRE Recertification training. 2
7. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 8. Conduct DUI Saturation Patrol operation(s). 17
9. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
10 10. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
4 11. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 2 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
1 14. Participate in highly visible collaborative DUI Enforcement operations. 2
15. Participate in highly visible collaborative Traffic Enforcement operations. 2
16. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 3. METHOD OF PROCEDURE
A. Phase 1 Program Preparation (1st Quarter of Grant Year) outlined in the objectives section.
All training needed to implement the program should be conducted this quarter.
All grant related purchases needed to implement the program should be made this quarter.
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description, current license status, and the number of times suspended orrevoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media RequirementsIssue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 Program Operations (Throughout Grant Year)
The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any materialis distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints,
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etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.
Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT23016
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-23 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$30,000.00
402PT-23 20.600 State and Community Highway
Safety
$20,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-23 $5,505.00 2 $11,010.00
DUI Saturation Patrols 164AL-23 $887.12 17 $15,081.00
Collaborative DUI Enforcement 164AL-23 $887.12 2 $1,774.00 Traffic Enforcement 402PT-23 $887.12 10 $8,871.00
Distracted Driving 402PT-23 $887.12 4 $3,548.00
Motorcycle Safety 402PT-23 $887.12 2 $1,774.00
Pedestrian and Bicycle Enforcement 402PT-23 $887.12 2 $1,774.00 Collaborative Traffic Enforcement 402PT-23 $887.12 2 $1,774.00 Category Sub-Total $45,606.00
B. TRAVEL EXPENSES
In State Travel 402PT-23 $2,259.00 1 $2,259.00
$0.00
Category Sub-Total $2,259.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-23 $2,135.00 1 $2,135.00
Category Sub-Total $2,135.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $50,000.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT23016
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant. informal, that a particular law
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT23016
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
23 U.S.C. Chapter 4 Highway Safety Act of 1966, as amended Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94 23 CFR part 1300 Uniform Procedures for State Highway Safety Grant Programs 2 CFR part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
2 CFR part 1201 Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulationsrelating to nondiscrimination Nondiscrimination These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionatelyhigh and adverse human health or environmental effects on minority and low-income populations); and Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).
The Subgrantee-
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Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted; Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing or access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance; Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o the performance of this contract/funding agreement, the contractor/funding recipient agrees
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non- discrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency willhave the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplaceand specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an
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employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congressin connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct andindirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
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Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this coveredtransaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered without
modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in acovered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarilyexcluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
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rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.
You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospectivelower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarilyexcluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1. George Crum
Title: Chief of Police Media Contact: No
Phone: 760-770-0310
Email: [email protected]
2. Paul Herrera
Title: Commander Media Contact: No
Phone: (760) 770-0308
Email: [email protected]
3. Julio Luna
Title: Commander Operations Division Media Contact: Yes Phone: (760) 770-0315
Email: [email protected]
State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
GRANT NUMBER
PT23016
GRANT DETAILS
Grant Number: PT23016
Agency Name: Cathedral City Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $50,000.00
Authorizing Official: George Crum
Fiscal Official: Jennifer Nellis
Grant Director: Julio Luna
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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}} Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}} Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}} Add as a media contact? Yes {{[] c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }} Name Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}} Add as a media contact? Yes {{[] c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} Email address Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}} As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
ì
ì
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Staff Report
City Council
Item No. 6.A
Meeting Date: October 12, 2022
From: Robert Rodriguez, Director of Planning/Building
Title: Conditional Use Permit No. 21-016
RECOMMENDATION:
1. Conduct a public hearing to consider an appeal of the Planni ng’s Commission’s denial of Conditional Use Permit No. 21 -016 to construct a five pump (10 vehicle fueling positions) fuel station with a 174 square -foot attendant kiosk on a 0.65 -acre site within the PCC (Planned Community Commercial) Zoning District and Specific Plan 90-43A; and
2. Affirm, reverse, or modify, in whole or in part, the Planning Commission’s decision.
STANDARD OF REVIEW:
Pursuant to Section 9.72.080 of the Cathedral City Municipal Code, after consideration of the record of the Planning Co mmission’s proceedings on the action, the appeal package, and testimony during the public hearing, the City Council may vote to affirm, reverse or modify, in whole or in part, any final determination of the Planning Commission.
PROCEDURAL BACKGROUND:
The Architectural Review Committee reviewed the project on May 18, 2022, and recommended approval with no changes.
On June 1, 2022, the Planning Commission considered the project during a regularly scheduled public meeting . After taking public testimony and deliberations during the public hearing, and at the request of the applicant, the Planning Commission continued the project to a date uncertain to allow the applicant time to conduct community outreach.
The applicant reported holding two community meetin gs regarding the project prior to the continued h earing, and the project was subsequently re -noticed for the July 20, 2022, Planning Commission meeting.
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During the July 20, 2022 Planning Commission meeting, multiple residents expressed disagreement with t he proposed project due to concerns regarding issues such as the limited staffing of the kiosk potentially resulting in crime and other security issues, concerns related to the smells and sounds of a fuel station, and the over -proliferation of gas stations on the area.
Additional concerns considered by the Commission included:
- the limited staffing of the gas station – just one attendant during business hours, raising security and safety concerns for after hours when the site would be left unattended.
-the routing of traffic through the project site allowing for egress directly into the residential neighborhood, raising concerns for pedestrian safety, particularly with the proximity to the nearby middle school.
-the gas station’s proximity to residents
-the existence of approximately 10 gas stations within a 2 mile radius around the proposed project, raising concerns that another gas station would not be consistent with the PCC zoning district’s purpose – to provide a wide range of commercial and retail uses.
After taking public testimony, the Planning Commission closed the public hearing and, after de liberations pursuant to its discretion under Section 2.29.040 of the Cathedral City Municipal Code , voted to deny the discretionary permit for the project by a unanimous vote of 4 -0, and directed staff to prepare a resolution of denial for adoption during the August 3, 2022 regularly scheduled meeting.
On August 3, 2022, the Planning Commission approved Resolution No. P22 -0250 denying the Conditional Use Permit. The attached Resolution (Attachment 1) serves as a record of the denial findings made by the Planning Commission pursuant to its discretion under Sections 2.29.040 and 9.72.010 of the Cathedral City Municipal Code .
For ease of reference, the denial fin dings made by the Planning Commission in Resolution No. P22-0250 are also included here:
1. The Project does not comply with the all of the development standards and requirements of the PCC (Planned Community Commercial) Zoning District and Specific Plan N o. 90 -43A. The PCC Zoning District's purpose and intent is to provide for retail and commercial uses that "...are necessary to provide a wide range of shopping facilities and goods, professional and administrative offices and entertainment." (CCMU Section 9.30.010).
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In addition, the Project does not comply with development standard 9.30.050(E) of the PCC zone, which states, "enterprises which produce or cause any dust, gas, smoke, noise, fumes, odors or vibrations which in the opinion of the planning commission are detrimental to other property in the neighborhood or to the welfare of the occupants are not permitted." It is the opinion of the Planning Commission that the noise, fumes, and odors associated with the proposed fuel station are detrimental to nearby residences.
2. The Project is not consistent with the goals and objectives of Specific Plan No. 90-43A, particularly Goal A: "To allow commercial development that is compatible with the existing and planned residential uses within the specific plan and adjacent areas." The Project is not compatible with existing residential uses within the Specific Plan because the limited -staffed fuel station creates potential for unsafe conditions and criminal activity, particularly during unstaffed hours.
The proximity to residences also creates concerns for resident safety and quiet enjoyment, due to the noise, smells, and security issues associated with a fuel station.
3. The Project is not necessary or desirable for the development of the community.
The Project pr oposes a self -service fuel station near existing residential uses. A number of fuel stations already exist within a few miles of the proposed station.
The limited staffed fuel station creates potential for unsafe conditions and criminal activity. The proxi mity to residences also creates concerns for resident safety and quiet enjoyment, due to the noise, smells, and security issues associated with a fuel station; and
4. The site for the project is not adequate in size and shape to accommodate the fuel station use. The size and shape of the site results in the construction of a fuel station in the vicinity of residences, putting residents in close proximity to noise, smells and security issues.
The entire July 20 th Planning Commission submittal for this projec t, including the staff report with the entire background and analysis of the project, Conditions of Approval, project plans and attachments provided by the applicant, are included as an attachment (Attachment 3) to this staff report for reference.
On July 29, 2022, the applicant submitted a timely appeal application packet including a letter outlining the grounds for the appeal (Attachment 2). The appeal hearing was deferred to the October 12, 2022 City Council meeting at the applicant’s request and has been noticed in accordance with the City Municipal Code.
CONDITIONAL USE PERMIT NO. 21-016:
The applicant, Ralph Deppisch representing Sage Victoria CC, LLC and Kroger, submitted a Conditional Use Permit (CUP) application on December 16, 2021 for the
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construction of a fuel station with an attendant kiosk on an approximately 0.65 -acre site located at the southeast corner of Date Palm Drive and Victoria Drive. The project would be affiliated with the existing Food 4 Less grocery store located in the Cathedral City Marketplace shopping center, diagonally opposite the project site.
The proposed project site is located within the PCC (Planned Community Commercial) Zoning District. Pursuant to Chapter 9.30 of the Cathedral City Municipal Code (CCMC), an automobile service station, which includes retail and service businesses engaged in the servicing of motor vehicles including dispensing of motor fuels, is a conditionally permitted use within the PCC Zoning District, subject to the approval of a Conditional Use Permit (CUP) by the Planning Commission.
The project site is also within Specific Plan No. 90 -43A, which was originally adopted by the City Council on July 24, 1990, establishing land use regulations and development standards within the Specific Plan area. An amendment to the Specific Plan was approved on September 13, 2017, permitting certain commercial uses such as automobile service stations that have primary Date Palm frontage, with approval of a CUP.
The undeveloped project site is bordered by Date Palm Drive on the west, Victoria Drive on the north and Eagle Canyon Drive on the east and is primarily surrounded by single - and multiple-family residential uses with commercial uses immediately to the north and south of the project site. Adjacent to the proje ct site is the former Family Dollar location, which is currently vacant.
Project Details
The applicant is proposing to construct a five pump (10 vehicle fueling positions) fuel station with a 174 square-foot attendant kiosk that will be operated daily from 6:00 am to 10:00 pm. The fuel pumps would not be permitted to operate after closing. The kiosk would offer limited retail goods including candy, cigarettes, and drinks. Beer or liquor would not be sold at this location.
The fuel canopy and attendant kiosk, which is centered under the fuel canopy, would be located closer to the western side of the property, along Date Palm Drive. The nearest fueling position would be approximately 92 feet from Eagle Canyon Drive and 135 feet from the nearest existing resi dential use. The designated loading and unloading area would be located in the northwest corner of the site.
The project would also include an ingress only driveway constructed along Victoria Drive, and egress access will be through an existing shared ac cess easement with the commercial site to the south, that has existing driveways along Date Palm Drive and Eagle Canyon Drive. No new access to Date Palm Drive would be provided in compliance with the Specific Plan. The portion of Victoria Drive from Date Palm Drive to
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the new ingress driveway would be widened to accommodate vehicles entering the project site and ensure continuous traffic flow on Victoria Drive.
Other improvements proposed within the project site include 4 parking spaces, with one ADA van accessible space, an ADA path of travel to both Date Palm Drive and Victoria Drive, a new trash enclosure constructed per City standard, underground stormwater storage chambers, and site lighting in compliance with the City’s outdoor lighting standards.
There would also be improvements made along the street including the construction of a 6’ high block wall along Eagle Canyon Drive and a portion of Victoria Drive, as required by the Specific Plan, new sidewalk and ramp along a portion of Victoria Drive and upgrading of existing right -of-way improvements where needed, and relocation of the existing traffic signal at Date Palm Drive to accommodate the street widening.
The canopy and kiosk would have a matching two -tone color scheme of taupe and tan with the kiosk constructed of a split face block painted to match. The landscaping would have a desertscape planting scheme incorporating decomposed granite, rubble, and boulders for ground cover. Oleanders will be planted along Eagle Canyon Drive, in front of the proposed 6’ high slump block wall, as required by the Specific Plan.
ENVIRONMENTAL REVIEW:
The proposed project is Categorically Exempt under Section No.15332, (Class No. 32, In-Fill Development Projects) of the State CEQA Guidelines, which allows an ex emption for projects characterized as in-fill development meeting the following conditions:
a) The project is consistent with the applicable general plan designation and regulations.
b) The proposed development occurs within the city limits on a projec t site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare or threatened species.
d) Approval of the project would not result in any significant effects in relation to traf fic, noise, air quality or water quality.
e) The site can be adequately serviced by all required utilities and public services.
NOTE: The City of Cathedral City Planning Department is custodian of the documents or other material, which constitute the re cord of proceedings upon which this determination is based.
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PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code and CEQA.
ATTACHMENTS:
Planning Commission Resolution
Appeal Application
July 20, 2022 Planning Commission Staff Report and Attachments Planning Commission Minutes - 6.1.2022
Planning Commission Minutes - 7.20.2022
Planning Commission Minutes - 8.03.2022
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Attachment: Planning Commission Resolution (3443 : Appeal CUP No. 21-016 Kroger)
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Attachment: Appeal Application (3443 : Appeal CUP No. 21-016 Kroger)
STAFF REPORT
CATHEDRAL CITY PLANNING COMMISSION
MEETING DATE: July 20, 2022
CASE NO.: Conditional Use Permit No. 21-016
APPLICANT: Sage Victoria CC, LLC, Ralph Deppisch
LOCATION: Southeast corner of Date Palm Drive and Victoria Drive (APN:
673-172-001)
REQUEST: Approval of a Conditional Use Permit to construct a five pump (10 vehicle fueling positions) fuel station with a 174 sq uare- foot attendant kiosk on a 0.65-acre site within the PCC (Planned Community Commercial) Zoning District and
Specific Plan 90-43A (hereinafter referred to as “Project”).
STAFF PLANNER: Robert Rodriguez, Director of Planning/Building
RECOMMENDATION:
FIND that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section No. 15332, Class No. 32 (In-Fill Development Projects).
APPROVE Conditional Use Permit No. 21 -016 subject to the attached Conditions of Approval and based on the findings contained in the staff report.
FINDINGS:
CONDITIONAL USE PERMIT NO. 21-016
1. The Project, which is located at the southeast corner of Date Palm Drive and Victoria Drive, in the PCC (Planned Community Commercial) Zoning District, is authorized as a conditional use per the City of Cathedral City Zoning Ordinance, Chapters 9.30 and
9.72, and Specific Plan No. 90-43A;
2. The Project complies with the development standards and requirements of the PCC (Planned Community Commercial) Zoning District and Specific Plan No. 90-43A;
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3. The Project complies with the goals and objectives of the Specific Plan including enhancing traffic safety by minimizing direct access to Date Palm Drive.
4. The Project is a desirable development for the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to uses specifically permitted in the CG (General Commercial) land use designation;
5. The site for the Project is adequate in size and shape to accommodate such use and has been reviewed, and specific conditions and requirements added, to ensure that the Project is compatible with the existing or future permitted uses in the neighborhood;
6. The site for the Project relates properly to streets and highways which are designed and improved to carry the type and quantity of traffic generated or to be g enerated by the Project. The project’s primary collector street is Date Palm Drive, which has adequate capacity to serve the traffic that will be generated by the Project; and
7. The applicant agrees to comply with any and all of the conditions imposed by the Planning Commission or be subject to a revocation hearing.
BACKGROUND/ANALYSIS:
The applicant, Ralph Deppisch representing Sage Victoria CC, LLC and Kroger, submitted a Conditional Use Permit (CUP) application on December 16, 2021 for the construction of a fuel station with an attendant kiosk on an approximately 0.65-acre site located at the southeast corner of Date Palm Drive and Victoria Drive. The project will be affiliated with the existing Food 4 Less grocery store located in the Cathedral City Marketplace shopping center, diagonally opposite the project site.
The project site is located within the PCC (Planned Community Commercial) Zoning District. Pursuant to Chapter 9.30 of the Cathedral City Municipal Code (CCMC), an automobile service station, which includes retail and service businesses engaged in the servicing of motor vehicles including dispensing of motor fuels, is a conditionally permitted use within the PCC Zoning District, subject to the approval of a Conditional Use Permit (CUP) by the Planning Commission.
The project site is also within Specific Plan No. 90 -43A, which was originally adopted by the City Council on July 24, 1990, establishing land use regulations and development standards within the Specific Plan area. An amendment was approved on Sep tember 13, 2017, permitting certain commercial uses such as automobile service station s that have primary Date Palm frontage , with approval of a CUP . On June 1, 2022 the Planning Commission reviewed the project and after hearing the public c omments and deliberating the Planning Commission continued the project to provide the applicant time to conduct community outreach.
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Attachment: July 20, 2022 Planning Commission Staff Report and Attachments (3443 : Appeal CUP No. 21-016 Kroger) The undeveloped project site is bordered by Date Palm Drive on the west, Victoria Drive on the north and Eagle Canyon Drive on the east and is primarily surrounded by single- and multiple-family residential uses with commercial uses immediately to the north and south of the project site. Adjacent to the project site is the former Family Dollar location, which is currently vacant.
The applicant is proposing to construct a five pump (10 vehicle fueling positions) fuel station with a 174 square-foot attendant kiosk that will be operated daily from 6:00 am to 10:00 pm. The fuel pumps cannot be operated after closing . The kiosk wil l offer limited retail goods including candy, cigarettes, and drinks. Beer or liquor will not be sold at this location.
The fuel canopy and attendant kiosk, which is centered under the fuel canopy, will be located closer to the western side of the propert y, along Date Palm Drive . The nearest fueling position will be approximately 92 feet from Eagle Canyon Drive and 135 feet from the nearest existing residential use. The designated loading and unloading area will be located in the northwest corner of the site.
There will be an ingress only driveway constructed along Victoria Dri ve and egress access will be through an existing shared access easement with the commercial site to the south, that has existing driveways along Date Palm Drive and Eagle Canyon Dri ve.
No new access to Date Palm Drive will be provided in compliance with the Specific Plan. The portion of Victoria Drive from Date Palm Drive to the new ingress driveway will be widened to accommodate vehicles entering the project site and ensure continuous traffic flow on Victoria Drive.
Other improvements proposed within the project site include 4 parking spaces, one will be ADA van accessible, an ADA path of travel to both Date Palm Drive and Victoria Drive, a new trash enclosure constructed per City s tandard, underground stormwater storage chambers, and site lighting in compliance with the City’s outdoor lighting standards.
There will also be improvements made along the street including the construction of a 6’ high block wall along Eagle Canyon Drive and a portion of Victoria Drive, as required by the Specific Plan, new sidewalk and ramp along a portion of Victoria Drive and upgrading of existing right -of-way improvements where needed , and relocation of the existing traffic signal at Date Palm Drive to accommodate the street widening.
The canopy and kiosk will have a matching two-tone color scheme of taupe and tan with the kiosk constructed of a split face block painted to match. The landscaping will have a desertscape planting scheme incorporating decomposed granite, rubble, and boulders for ground cover. Oleanders will be planted along Eagle Canyon Drive, in front of the proposed 6’ high slump block wall, as required by the Specific Plan.
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Attachment: July 20, 2022 Planning Commission Staff Report and Attachments (3443 : Appeal CUP No. 21-016 Kroger)
The Architectural Review Committee reviewed the project on May 18, 2022 and recommended approval with no changes.
On June 1, 2022, the Planning Commission held a public hearing on the project . After public testimony and deliberations , and at the request of the applicant, the Planning Commission continue d the proj ect to a date uncertain to allow the applicant time to conduct community outreach.
Two community meetings have been held and the applicant requested the project be scheduled for the July 20 th regular Planning Commission meeting. The project and meeting have been noticed in accordance with the City Municipal Code and CEQA . No changes have been made to the plans.
ENVIRONMENTAL REVIEW:
This project is Categorically Exempt under Section No.15332, (Class No. 32, In -Fill Development Projects) of the State CEQA Guidelines, which allows an exemption for projects characterized as in-fill development meeting the following conditions:
a) The project is consistent with the applicable general plan designation and regulations.
b) The proposed development occurs wit hin the city limits on a project site of no more than five acres substantially surrounded by urban uses.
c) The project site has no value as habitat for endangered, rare or threatened species.
d) Approval of the project would not result in any signific ant effects in relation to traffic, noise, air quality or water quality.
e) The site can be adequately serviced by all required utilities and public services.
NOTE: The City of Cathedral City Planning Department is custodian of the documents or other material, which constitute the record of proceedings upon which this decision is based.
PUBLIC NOTIFICATION:
This project and the environmental determination were noticed in accordance with the City Municipal Code and CEQA.
ATTACHMENTS:
Attachment 1 - Conditions of Approval
Attachment 2 - Site Plan
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Attachment: July 20, 2022 Planning Commission Staff Report and Attachments (3443 : Appeal CUP No. 21-016 Kroger) Attachment 3 - Floor Plan
Attachment 4 - Elevations
Attachment 5 - Landscape Plan
Attachment 6 - Public Hearing Notice
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Attachment: July 20, 2022 Planning Commission Staff Report and Attachments (3443 : Appeal CUP No. 21-016 Kroger)
CITY OF CATHEDRAL CITY
PLANNING COMMISSION
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 21-016
KROGER FUEL STATION
RALPH DEPPISCH
PROJECT LOCATION:
SOUTHEAST CORNER OF DATE PALM DRIVE AND
VICTORIA DRIVE (APN: 673-172-001)
DATE APPROVED: JULY 20, 2022
SECTION 1 ADMINISTRATIVE CONDITIONS
1.1 Prior to issuance of a building permit the Applicant shall sign the approved Conditions of Approval which shall certify that the Applicant agrees to impl ement all Conditions of Approval.
1.2 A copy the signed Conditions of Approval shall be printed onto the first page of the construction drawings.
1.3 Any deviation from these plans or this approval shall be submitted to the Director of Planning for review and approval.
1.4 The plans approved by the Planning Commission will be referenced as “Exhibit A”.
The construction drawings shall conform substantially to “Exhibit A” as approved by the Planning Commission, with the exception of any detail specifically mo dified by any of the conditions of approval conta ined herein. Any deviation from “Exhibit A” shall be submitted in writing and approved by the Director of Planning and/or the City Engineer prior to approval of the construction drawings.
1.5 This approval shall be valid for two years from date of approval unless a completed building permit application has been submitted or a one -year extension has been granted pursuant to 9.78.020 of the Cathedral City Municipal Code.
1.6 The development of the site shall conform to al l ordinances, codes, regulations, policies and development design controls pursuant to the Cathedral City Municipal Code in effect prior to issuance of any building permits.
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1.7 No building permit shall be issued until “will serve” letters have been obtained from all affect ed agencies, including the jurisdic tional water p urveyor, Southern California Edison, Spectrum Cable, Frontier Telephone and Burrtec.
1.8 No final construction approval shall be granted until all Conditions of Approval have been completed and app roved by the Director of Planning , City Engineer, and Chief Building Official, unless otherwise identified herein.
1.9 No Certificate of Occupancy shall be granted until all Conditions of Approval have been completed and approved by the Director of Planning , City Engi neer, Chief Official Building, and Fire Chief unless otherwise identified herein.
1.10 All improvements approved for construction are required to be maintained as to comply substantially with the plans approved for construction, unless modifications are approved by the Director of Planning and City Engineer. The improvements to be mai ntained include, but are not limited to, site improvements: parking and walking surfaces, private drainage control facilities, fences/walls, signs, and lights; building and accessory st ructure improv ements; paint colors and other fini sh materials, roofing materials, mechanical equipment, windows, trellises, canopies, all architectural features, landscaping and landscape irrigation.
1.11 The Applicant shall defend, indemnify and hold harmless the City of Ca thedral City, its officials, employ ees and agents, from a nd against any liability whatsoever related to the approval of this Design Review and any other permits or approvals issued related to this Design Review.
SECTION 2 FEES
2.1 The Applicant shall pay all applicable City of Cathedral City f ees, charges and other costs as prescribed by City ordinance, including development impact fees.
Be advised that the fees may change until such time they become due and payable, as permitted by applicable law.
NOTICE TO APPLICANT: Pursuant to Government Code Section 66020(d)( 1), the 90 -day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this approval and any such p rotest must be in a manner that com plies with Section 660 20(a), and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition.
The right to protest the fees, dedicatio ns, reservations, or other exactions does not app ly to planning, zoning , g rading, or other similar application processing fees or service fees in connection with this project. It further does not apply to any fees, dedication, reservations, or exactions f or which the Applicant has been given a notice si milar to this, nor doe s it revive challenges to any fees for which
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the Statute of Limitations has previously expired. Current fees for this entitlement may include the following and will be calculated at the time of permit issuance:
SECTION 3 PLANNING
3.1 If the project is proposed to be constructed in phases, a phasing schedule shall be submitted to the Director of Planning for review and approval prior to the issuance of building or grading permits.
3.2 The project shall comply with Specific Plan No. 90-43A.
3.3 The sale of beer, win e or liquor or t he request for an ABC ( Alcoholic Beverage Control) license shall require an amendment to the Conditional Use Permit (CUP), approved by the Planning Commission.
3.4 The Project’s hours of operation shall be limited to 6:00 A.M. to 10:00 P.M. daily, seven (7) days a week. Any deviation from the approved hours of operation shall require an amendment to the CUP, approved by the Planning Commission.
3.5 All fuel pumps shall be non-operable after 10:00 P.M.
3.6 A Final Land scape Construction Plan, prepared by a licensed l andscape architect and approved by the Director of Planning , shall be signed by the local water agency prior to the i ssuance of a building permit. The Final Landscape Construction Plan shall contain the following required information:
a. A title block with sheet number, site address and APNs, date of preparation, and name, address, and phone number of Applicant on all sheets. b. A plant landscape legend, including a specific s ymbol for each plant species used, size (i .e., calip er, gallon, box, or brown trunk height, and/or quantity) and whether it is deciduous or evergreen.
c. Show use of concrete mow strip between turf and other surfaces. d. Clear indication where landscaping will b e u sed to screen mechanical, electrical, and irrigation equipment.
e. A detail showing planter design adjacent to walkways and driveways that is designed to prevent soil and/or decomposed granit e f rom flowin g onto walkways and driveways . There shall be a minimum two -inch vertical separation between the pavement and the soil.
f. Plant and tree installation and staking details. Plant and tree installation and staking details that require single trun k trees to be double staked a nd multi- trunk trees to be staked appropriate to the species of tree.
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g. Details, specifica tions, and location of all pavers and decorative surface materials used on the site. Samples of crushed rock material or decomposed granite materials shall be submitted to the Planning Department for approval. h. All decorative surface materials shall be approved by the Director of Planning before issuance of any permits.
i. Landscape plans shall meet the re quirements of the City of C athedral City’s Water Efficient Landscape Ordinance.
j. All plant materials used on the project site shall be those listed in the mos t recent version of Coachella Valley Water District’s “Lush & Efficie nt Landscape Gardening in the Coachella Valley”.
k. An Irrigation Plan with equipment details.
3.7 Site landscaping shall comply with the City Design Guidelines and Water Conservation policies and rules regardless of whether the items are illustrated on the Construction Landscape Plans:
a. Plants and tre es shall be pr imarily of drought tolerant species compatible with the desert environment.
b. Projects shall minimize the use of turf.
c. At least 50% of the trees shall be evergreen species.
d. All trees in parking lots shall be centered between pa rking spaces to provide optimal shading.
e. All single trunk tre es shall be double staked, and multi -trunk trees shall be staked appropriate to the species of tree.
f. Arbor guards shall be installed around trees in turf areas.
g. Projects located along major arterials and/or streets shall comply with the street tree requirements of the Design Guidelines.
h. Planter areas shall be surrounded by a concrete mow strip or other hard surface.
i. All ground -mounted equipment, such as mechanical , e lectrical, and irrigation equipment (backflow preventers), shall be located within a lan dscape planter.
This equipment shall not be located within a turf area and shall not be visible from public view.
j. Any drain that terminates in a planter shall have a splash guard.
k. All palm trees shall have a brown truck height of at least 20 feet.
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l. All 36-inch box trees or greater shall be verified as to size by the project planner prior to being planted. It is the responsib ility of the contractor and/or Applicant to make an appointment with the project p lanner to cond uct this verification.
m. All trees on site shall be non-fruit-bearing.
n. All planter areas adjacent to pavement shall be designed to p revent soil and/or decomposed granite from flowing onto walkways and driveways. There shall be a minimum two-inch vertical s eparation between the pavement and the top of the surface soil and/or decomposed granite.
3.8 All landscaping shall be continuously mai ntained. Trees, shrubs, ground covers, et cetera, shall be watered an d permanently maintained. All dead vegetation shall be removed and replaced in a timely manner.
3.9 Where landscaping is required for off -street parking areas, or in other vehicular parking areas, concrete curbing and/or bumper blocks shall be required to reg ulate vehicular traffic and t o protect pla nt materials f rom vehicles. Such curbing height shall be at least six inches. Curbing of six inches or more shall be required where a public planter slopes toward a sidewalk and said curbing is needed to retain wat er.
Overflow devices which dr ain under sid ewalks may be required to assure that water does not overflow planters. In no event shall the finished grade of the irrigated planter be less than three inches below a public sidewalk and/or curb.
3.10 The Applicant shall record a maintenance covenant over th e property tha t guarantees t he removal of weeds, dust, blow sand, and debris, and ensures that the property is maintained in a weed, dust, blowsand, and debris-free condition per the approved plans and conditions of approval.
3.11 The Applicant shall contact the Planning Dep artment 90 days after issuance of a Certificate of Occupancy to arrange for a follow-up on-site inspection to ensure that all plant material is being maintained consistent with the approved Exhibit “A”.
3.12 Redwood headers are specifically prohibited from use on the project site.
3.13 The project shall be kept in a weed -, debris-, and dust-free condition throughout all periods of development and thereafter.
3.14 All walls and trash enclosures shall have a decorative surface and a decorative cap that are consistent wit h the overall architecture and be approved by the Director of Planning prior to issuance of a Building Permit.
3.15 All lighting shall comply with Chapter 9.89 (Outdoor Lighting S tandards) of the Municipal Code.
3.16 The Project and all operations shall c omply with Chapter 11.96 (Noise Control) of the Municipal Code.
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3.17 Signage for the proposed project is limited to those shown in Exhibit A, subject to the conditions of approval , and is not part of this approval. A separate sign permit or Master Sign Program shall be approved prior to the issuance of a Certificate of Occupancy.
3.18 All mechanical equipment, either roof - or ground-mounted, shall be screened from public view. All such equipment shall be fully screened by the roof structure, a parapet wall, appropriate ground mounted walls, berming, or landscaping. All walls shall arch itecturally match the building. If after constructi on, but prior to the issuance of a Certificate of Occupancy, it is determined by the Director of Planning that equipment can be viewed from the pub lic right-of-way a plan for screening the equipment shall be s ubmitted to the Planning Department for approval. Once approved, said screening shall be constructed prior to issuance of a Certificate of Occupancy.
3.19 Property addre sses or building identificati on signs shall be placed on all new buildings so as to be plai nly visible from the public stree t. Said signs shal l be a minimum 12 inches in height on commercial buildings and six inches in height for residential buildings. Numbers shall be either internal ly or externally illuminated to be consistent with Municipal C ode Section 9.02 and designed to illuminate automatically during periods of darkness.
3.20 No loading or unloading shall occur within the public right -of-way, except tho se activities approved by the Director of Planning and City Engineer.
3.21 All breaker boxes, fi re sprinkler risers, and utility conduits shall be interior to the building.
3.22 All roof drains and downspouts shall be on the interior of the building. Exposed drainpipes are specifically prohibited unless approved by the Director of Planning.
3.23 All drain terminations shall be the Watts Drainage Product RD -940 or a product of equal value.
3.24 All electrical switchgear and cabinets shall be located within the interior of the building or installed within a City approved enclosure.
3.25 Contractor must divert at least 75 percent of all demolition waste to a recycling facility. The reuse of materials is considered an acceptable recycling program but must be documented and approved by the Environmental Conservation Manager.
3.26 Prior to the issuance of a Certificate of Occupancy , the Applicant shall submit all weight tickets associa ted with trash and recy cling disposal to be approved by the Environmental Conservation Manager.
3.27 All roof access are to be internal to the building. Exterior mounted ladders are prohibited.
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3.28 All exterior lighting shall be installed and maintained in such a mann er that glar e and intensive light sources will not be visible at the property line.
3.29 No lighting fixture or standard shall have a height over 18 feet.
3.30 The site shall be maintained in a trash, weed and debris free condition.
3.31 Building and landscaping shall be maintained in a condition that substantially complies with this approval.
3.32 A trash enclosure shall be constructed to City standard.
3.33 Exterior paint colors shall be consistent with the color samples on file in the Planning Department
SECTION 4 ENGINEERING / PUBLIC WORKS
4.1 The Applicant agrees to defend, indemnify and hold harmless the City of Cathedral City (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of t his Conditional Use Permit No. 21-016 (CUP) and corresponding overall S ite Plan (Plan). The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any c laim, action or proceeding and shall cooper ate fully in the defense.
4.2 This CUP s hall expire two years after the C ity Planning Commission appr oval date, unless granted a completed Building Permit application and/or a t ime extension pursuant to Cathedral City Codes.
4.3 This CUP shall comply with all applicable te rms, conditions and/or m itigation measures for the following approvals:
A. CUP No. 21-016.
B. Specific Plan No. 90-43A.
C. Cathedral City Design Guidelines.
D. Cathedral City Water Conservation Policies and Rules.
E. Cathedral City Municipal Codes and Ordinances.
In th e event of any conflict( s) between approval conditions and/or provisions of these approvals, the Director o f Engineering/Pu blic Works and/or Director of Planning/Building shall determine precedence.
4.4 All conditions herein shall be met prior to the Engineering and/or E ncroachment Permits issuance for the CUP a nd Plan or as specifically modified by item as linked to a Certificate of Occupancy (COO) issuance and/or t ime limit from the date of issuance of the Engineering Permit.
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4.5 Prior to issuance of any Grading, Encroachment or Building Permit by the City, the Applicant shall obtain any necessary clearances and/or permits from the following agencies, if required:
A. City of Cathedral City Fire Marshal.
B. Cathedral City Engineering Department.
C. Cathedral City Planning Department.
D. Cathedral City Building Department.
E. Riverside County Environmental Health Department.
F. Palm Springs Unified School District.
G. Coachella Valley Water District (CVWD).
H. Southern California Edison (SCE).
I. Frontier Communications.
J. Spectrum Cable.
K. California Regional Water Quality Control Board (CRWQCB).
L. State Water Resources Control Board.
M. Sunline Transit Agency (SunLine).
N. South Coast Air Quality Management District – Coachella Valley (SCAQMD).
The Applicant is responsible for all the requirements of the permits and/or clearances from the above listed agenc ies. When the requirements include approval of improvement plans, the Ap plicant shall furnish proof of such approvals when submitting those improvement plans for City approval.
4.6 As applicable, the Applicant shall be responsible for completing all City, Riverside County and Riverside County Department of Environmental Health requirements.
Proof of complia nce shall be sub mitted to the City before issuance of Building Permits for the CUP.
4.7 Erosion Control BM Ps shall remain in effect for the entire duration of Pr oject construction until all improvements are completed and accepted by the City.
4.8 The Applicant s hall be re sponsible for blow sand, debris, trash, rubbish and deleterious material removal in a ll areas of the CUP’s parking lot, access aisle s, and Date Palm Drive , Victoria Drive and Eagle Canyon D rive frontages. This includes all frontage gutter pans, sidewalks, parkways, right-of-way, parking lots , drive aisles and all interior area s within walled areas and all areas outside the walled areas of the CUP . This will also include the d riveways and drive ais les providing for egress onto Date Palm Drive and Eagle Canyon Road. The Applicant shall include thes e responsibili ties into the daily m aintenance of the sit e for perpetuity and record a Mutual Maintenance Covenant on Parcel 673-172-001 and portions of adjacent Parcel 673-172-024.
4.9 Approval of this CUP and Plan shall not be construed as approval for any horizontal dimension s implied by any Site Plan(s) or exhibits unless specifically identified in the following Conditions of Approval.
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4.10 The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to prepare, review, negotiate and/or modify any documents or instruments required by these co nditions and/or subsequent modification requests to these Conditions of Approval. This obligation shall be paid in the time noted above without deduction or offset and Applicant’s failure to make such payment shall be material breach of the Conditions of Approval.
4.11 The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all cost and actual consultant’s fees incurred by the City fo r engineering, surveying and/or any other technical consultants to review and /or modify a ny documents or instruments required by these conditions and/or subseque nt modification requests. This obligation shall be paid in the time not ed above without deduction or offset and Applicant’s failure to make such payment shall be material breach of the Conditions of Approval.
4.12 The Applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all actual costs incur red by the City for Eng ineering, Planning and/or Building Department reviews and/or modify any docum ents or inst ruments required by these conditions and/or subsequent modification requ ests. This obligation shall be paid in the time noted above without dedu ction or o ffset and Applicant’s failure to make such payment shall be material breach of the Conditions of Approval.
PROPERTY RIGHTS AND PRIVATE IMPROVEMENTS
4.13 Prior to issuance of any permit(s), the Applicant shall acquire or confer easements and other pr operty rights necessary for the construction or proper functioning of the proposed CUP. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements.
4.14 Pursuant to the aforementioned condition, conferred rights shall include approvals from all necessary persons or entit ies over easements and other property rights necessary for construction and proper functionin g of the propo sed CUP and Plan, not limited to, acc ess righ ts over proposed and/or ex isting private s treets and parking lots that access public streets and open sp ace/drainage facilities of al l phases of the CUP. Specifically, if not already completed, the Applicant will:
i. Dedicate an additional 13 feet of right of way to the City along the Victoria Drive frontage to assure a south half street right of way width of 43 feet.
ii. Dedicate an additional 8 feet of right of way to the City along the Date Palm Drive frontage to assure a half street right of way width of 63 feet in accordance with the General P lan designation for Date Palm Drive . The half street right of w ay width of 63 feet is from the centerline of
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improvements subject to the approval of the Director of Engineering/Public Works
iii. Dedicate additional right of way at the CUP’s Date Palm Drive and Victoria corner to provide for a Corner Cut -Back per Riverside County (RC) Standard No. 805.
iv. Record a Mutual Maintenance Covenant, described in Condition 4.08, on the CUP APN 673-172-001 and portions of 673-172-024, subject to the approval of the Director of Engineering/Public Works.
a. The above cited Mainten ance Covenant will include
provisions to keep clean the common area egress
driveways, egress drive aisles, right of way and other common areas on adjacent portions of APN 673-172-024.
v. Record a Mutual Drainage Easement between APN 673-172-001 and 673-172-024, subject to the approval of the Director of Engineering/Public Works.
vi. Record a mutual access easement between APN 673-172-001 and 673- 172-024, subject to the approval of the Director of Engineering/Public Works. Note: If APNs 673-172-001 and 673-172-024 are already subject to a mutual access easement, via drive aisles and driveways, to both Date Palm Drive and Eag le Canyon Dri ve, a copy will nee d to be provided to the Director of Engineering/Public Works for confirmation and approval that this Condition has been met
vii. Record the Street Light Covenant described in Condition 4.23 on the CUP APN 673-172-001.
viii. Record th e Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and M aintenance Covenant (as part of the WQMP) described in Condition 4.25 on the CUP APN 673-172- 001.
ix. If not vacated or quitclai med prior, v acate the Public Utility Easement identified on the Pl an traversing the site from north to south prior to the issuance of grading permit.
4.15 The Applicant shall retain for private use in this CUP and Plan al l parking l ots, access wa ys, e ntry points, and rights-of-way in con formance with t he City’s General Plan, Mu nicipal Code, this CUP and/o r as requir ed by the Director of Engineering/Public Works.
4.16 The Applicant shall design the onsite private parking lot and drive aisles pavement sections using Cal Trans’s design procedure for 20-year life pavement, and the
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site-specific data for soils strength and anticipated traffic loading (including construction traffic). Minimum structural sections, with asp halt placed in two lifts, shall be as follows:
i. Parking Lot and Drive Aisles: 4.0” a.c./ 5.0” class II aggregate base and/or
6.0” PCC w/wire mesh/5.0” class II aggregate base . Note: On PCC concrete paving portions under the canopy , Applicant will pro vide pavement and bas e section thicknesses and will be subject to the approval of the Director of Engineering/Public Works.
ii. Apply striping , legends and signage over the entire parking lot and drive aisles. Final striping , legend and signage layout shall be app roved by the Director of Engineering/Public Works.
iii. Parking lot lighting shall com ply with the lighting, photometric, Building and/or Engineering Site Plans to the satisfaction of the Director of Planning/Building and Director of Engineering/Public Works.
4.17 The Applicant shall include on the following frontages and/or egress points:
i. Victoria Drive : Construct o ne (1) 40-foot-wide Riverside County Commercial Driveway - Standard No . 207A , with “wet set ” truncated domes to com ply with ADA s tandards to be shown on the Engineering Plans, to the satisfaction of the Director of Engineering/Public Works.
1. The one (1) ingress driveway on Victoria Drive of the CUP as shown on the CUP’s Plan and as part of these Conditions of Approval, shall provide ingress for customers, employees, and vendors.
ii. Date Palm Drive: Construct one (1) approximately 30-foot-wide Riverside County Commercial Driveway - Standard No. 207A, on adjacent APN 673- 172-024 and to be shown on the Engineering Plans, to the satisfaction of the Director of Engineering/Public Works.
1. The one (1) egress driveway on Date Palm Drive of the CUP as shown on the CUP’s Plans and as part of these Conditions of Approval, shall provide egress for customers, employees, and vendors.
2. The existing approximately 30-foot-wide driveway may remain , subject to repair of any damage d panels, and will need t o be modified to incorporate “wet set ” truncated do mes t o comply with ADA standards to the satisfaction of the Director of
Engineering/Public Works.
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iii. Eagle Can yon Drive : Construct o ne (1) approxim ately 20-foot-wide Riverside County Commercial Driveway - Standard No. 207A, on adjacent APN 673-172-024 and to be shown on the Engineering Plans, to the satisfaction of the Director of Engineering/Public Works.
1. The one (1) egress driveway on Eagle Canyon Drive of the CUP as shown on the CUP’s Plan and as part of these Condit ions of Approval, shall provide egress for customers, employees, and vendors.
2. The existing approximately 20-foot-wide driveway may remain , subject to repair of any d amaged panels, and will need to be modified to incorporate “wet set ” truncated do mes t o comply with ADA standards to the satisfaction of the Director of
Engineering/Public Works.
4.18 The driveways, setbacks, interior circulation routes and other featur es shown on the CUP’s Plan, may require additional street widths as may be d etermined by the Director of Engineering/Public Works.
4.19 Curve Radii for curbs at all street intersections and driveways shall not be less than 35 feet or as shown on the CUP’s Plan s. All radii less than 35 feet will require the individual approval of the Director of Engineering/Public Works.
4.20 The Applicant shall install Type A -6, A-8 and/or Type “D” curbs per RC Standards, which will convey water without ponding, and pr ovide lateral containment of dust and residue during street sweeping operations, subject to th e approv al of the Director of Engineering/Public Works.
4.21 The Applicant shall construct all roadways, parking lots, drive aisles, curbs and gutters, sidewalks and driveways to uniformly connect to existing adjacent public and/or private improvements within and adjacent the CUP as shown on the Plan to the satisfaction of the Director of Engineering/Public Works.
4.22 The Applicant shall construct all appurtenant roadway components s uch a s, but not limited to: curb, gutter, sidewalk, ADA ramps, traffic control str iping, legends, traffic control signs and street name signs to the satisfaction of the Direct or of Engineering/Public Works.
4.23 The Applicant shall coordinate and pay all cost necessary for the installation of the one (1) below detailed City and Southern Cal ifornia Edison (SCE) approved LED street light with SCE and to take over all related expense s, including the monthly electrical expense for the street light installed prior t o the issuance of the COO.
The Applicant shall execute a Street Light Covenant and be reviewed and approved by the Director of Engineering/Public Works prior to recordation.
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A. Install one (1) 5,800 lumen LED street light along the Victoria Drive frontage near Eagle Canyon Drive of the CUP, per City and SCE Standards, with the final locations subject to approval by the Director of Engineering/Public Works prior to the issuance of the COO.
4.24 The Applicant will design and install on site stormwater drainage facilities:
i. Within the paved areas of the CUP as shown on the Plan, the Applicant w ill design facilities to capture all onsite nuisance and stormwater , with breakout facilities, per Cathedral City Municipal Code requirements and other conditions specified h erein to the satisfaction of the Director of Engineering/Public Works.
4.25 The Applicant shall offer for dedication to the City those easements necessary for access to drainage facilities and basins, by separate instrument. The Applicant and/or Owner is required to execute a Water Quality Management Plan and Urban Runoff Best Management Practices Transfer, Access and Maintenance Covenant with the City (as part of the WQMP) prior to issuance of the Grading Permit.
4.26 Where applicable, d edications shall include additional widths as necessary for dedicated right and left turn lanes, deceleration and accel eration lanes, bus turnouts and other features that may be contained in the CUP Plan.
4.27 When the Director of Engineering/Public Works determines that access righ ts to the proposed street r ights-of-way shown on the CUP’s Plans are necessary pri or to the issuance of the COO, the Applicant shall grant the necessary rights -of-way within 60 days of a written request by the City.
4.28 Where public facilities ( e.g., sidewalks) ar e placed on p rivately o wned setbacks, the Applicant shall offer for dedicatio n blanket ease ments for those purposes by separate instrument prior to the issuance of the first COO.
4.29 The Applicant shall cause al l missing property corners and survey monum ents within the boundaries of the CUP to be set prior to the issuance of the COO, in accordance with the Subdivision Map Act and City requirements.
4.30 The Applicant shall furnish proof o f easements, or written permiss ion, as appropriate, from those owners o f all abutting properties on which, and not limited to, grading, wall construction, retaining wall construction, permanent slopes, street improvements, sidewalks, driveways, utility relocations, other encroachments and other construction activities will occur.
i. Further all abutting properties disturbed by the Applicants, and not limited to, grading, wall construction, retaining wall construction, permanent slopes, street imp rovements, sidewalks, driveways, utility relocations , other encroachments and other construction activities performed by the Applicant, will be restored to original and/or improved conditions subject to
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the prior review and approval of the Director of Engineering/Public Works and/or Director of Planning/Building.
4.31 The Applicant shall caus e no easement to be granted, o r recorded, o ver any portion of the subject property between the d ate of approval of the CUP and the date of issuance of the COO, unless such easement is approved by the Director of Engineering/Public Works.
4.32 The Applicant wil l coo rdinate all pr ivate roadway improvements and drive way transitions with the adjacent pr operty owners (pub lic and/or private) and coordinate relocation of fire hydrants, water meters and all other appurtenances as required to the satisfaction of the Director of Engineering/Public Works.
4.33 Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approve d by the Director of Engineering/Public Works.
4.34 All improvements will be subject to City requ irements for i nspection during construction.
4.35 The City will conduct final inspections of s tructures only when the buildings have improved street and sidewalk acce ss to streets. The improvements shall include required traffic control devices, pavement markings and street name signs.
4.36 The Applicant shall be responsible for the vacation and granting of easements that address changes in the existing easements over the proposed CUP that may be affected by proposed improvements. Pursuant this condition, the Applicant shall apply to the City for any street vacation request o f public right-of-way and/or utility easements. The Applicant must provide all applicable exhibits and legal descriptions and perform all necessary abandonments or relocation of easements and/or facilities as required by all affected utility purveyors over the public rights- of-way and/or utility easements, or as approved by the Director of Engineering/Public Works. Typically, the r ight-of-way vacation process is up to three (3) months.
PUBLIC IMPROVEMENTS
4.37 The Applicant shall construct and dedicate the fo llowing stre et improvements to conform to the General Plan and the requirement s of the CUP ’s Traffic Impact Analysis:
A. PUBLIC STREETS
1) Date Palm Drive – A Public roadway designated as an Arterial Highway with a 126 ft. right of way as defined by the City’ s General Plan and as
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shown on the CUP’s Plan and per these Conditions of Approval shall include the following:
a) Date Palm Drive measured from centerline of improvements; the right- of-way shall be a minimum of 63 feet along the CUP’s Date Palm Drive frontage as shown on the CUP’s Plan.
b) Date Palm Drive measured from center line to west curb face shall be a min imum of 43 feet along the CUP’s Date Palm Drive frontage as shown on the CUP’s Plan.
c) Coordinate all public and private roadway improvements and dri veway transitions with the ad jacent property owner and coordinate relocation of fire hyd rants, water meters, storm drains and all other appurtenances as req uired to the satis faction of the Director of Engineering/Public Works.
d) Where required, construct and/or repair all street, sidewalk, curb and gutter to uniformly conn ect to existing ad jacent improvements north and south of the CUP and along the CUP’s Date Palm Drive frontage to the satisfaction of the Director of Engineering/Public Works.
e) Street shal l have A -6 or A-8 curbs per County of Riverside (RC) Standards, which will convey water with out ponding, and provide lateral containment of dust and residue during street swe eping operations.
f) Construct and/or rep air the 6-foot wide curb adjacent concrete sidewalk per RC Standards, with all required ADA ramps and utility offsets as approved by the Director of Engineering/Public Works.
g) Construct an ADA pedestrian sidewalk ram p at the Date Palm Drive and Victoria Drive corner to conform to Cal Trans A -88-A Case B Detail B as approved by the Director of Engineering/Public Works.
h) Construct an ADA pedestrian ramp along the CUP’s Date Palm Drive frontage to provide pedestrian acce ss to the CUP’s site as sho wn on the CUP’s Plan.
i) Replace and/or r elocate (relocate if approved by the Director of Engineering/Public Works ), all existing traffic signal an d lighting equipment and all related appurtenances at the southeast Date Palm Drive and Victoria Drive corner to ultimate right of way locations, adhering to current CA traffic sa fety standards to not impede pedestrian travel meeting current ADA standards to the satisfaction o f the Director of Engineering/Public Works.
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j) Construct all appurtenant roadway components such as, but not limited to: curb, gutter, sidewalk, ADA ramps, t raffic control striping, legends, traffic control signs and street name signs as approved by the Director of Engineering/Public Works.
k) The CUP’s Date Palm Drive frontage will be designated as “No Parking” with curbs p ainted red as ap proved by the Dire ctor of Engineering/Public Works.
2) Victoria Drive – A Public roadway designated as a Local Collector with a 60 ft. right of way as shown on the CUP’s Plan and per these Conditions of Approval the Applicant shall include the following:
a) Victoria Drive measured from c enterline, the right-of-way shall be a minimum of 43 and 30 feet, respectively, along the CUP’s Victoria Drive frontage as shown on the CUP’s Plan.
b) Victoria Drive measured from center line to south curb face shall be a minimum of 33 feet from Date Palm Drive east approximately 140 feet to the CUP’s Victoria Drive ingress driveway, then a tapering transition to 20 feet to s outh cu rb face east along the CUP’s Victoria Drive frontage as shown on the CUP’s Plan.
c) Construct full south half street improvements along the CUP’s Victoria Drive frontage, including new corner, curb, gutter, sidewalk , ADA improvements and asphalt, along the CUP ’s frontage from Date P alm Drive east approximately 180 feet to the CUP’s Victoria Drive ingress driveway east end curb return joining existing improvements to the east for a complete street widening and driveway deceleration lane, as cited in the Condition above, to be designed and co nstructed t o the satisfaction of the Director of Engineering/Public Works.
d) Grind and ove rlay a minimum of 1 inch of existing a.c. on the enti re south half of Vic toria Drive from centerline to c urb along the CUP’s entire Victoria Drive frontage starting at the existing Date Palm Drive cross gutter spandrel continuing east approximately 260 f eet to the CUP’s northeast corner intersecting Eagle Canyon Drive . The minimum 1-inch overlay will be placed to create a 2% crossfall to meet the new a.c. placed adjacent the new and existing curb and gutter cited in the Conditions above to the satisfaction of the Director of Engineering/Public Works.
e) Construct all street, curb and gutter to uniformly connect to existing adjacent improvements west and east of the CUP along Victoria Drive frontage as approved by the Director of Engineering/Public Works.
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f) Street shall have Type A-6 or A-8 curbs per County of Riverside (RC ) Standards, which will con vey water without ponding, and provide lateral containment of dust and residue durin g street sweeping operations.
g) Construct new and /or repair the 6-foot wide curb adjacent concrete sidewalk per RC Standards, with all required ADA ramps and utility offsets as approved by the Director of Engineering/Public Works.
h) Construct and/or repair all appurtenant roadway components such as, but not limited to: cur b, gutter, sidewalk, ADA ramps, traffic control striping, legends, traffic control signs and street name signs as approved by the Director of Engineering/Public Works.
i) The CUP’s Victoria Drive frontage will be designated as “No Parking” with curbs p ainted red as ap proved by the Dire ctor of Engineering/Public Works.
4.38 The Applicant shall design street pavement sec tions using C al Trans’s design procedure for 20 -year life pavemen t, and the site -specific data for soil strength and anticipated traffic loading (i ncluding construction traffic). Mini mum structural sections, with asphalt placed in two lifts, shall be as follows:
Date Palm Drive: 5.5” a.c./6.5” class II base.
Victoria Drive: 4.0” a.c./5.0” class II base
4.39 The Applicant shall complete the following traffic signal modifications:
1) Applicant will pay all cost for all traffic signal engineering, signal retiming and synchronization coordination modifications to be performed at the intersection of Date Palm Drive and Victoria Drive in c onjunction with the traffic signal relocation work cited in the above Condition 4.37.A.1)i).
4.40 The Applicant will coop erate with all adjacent developers and property owners to assure that drainage, access and roadway d esigns are constructed to assure that all adja cent public w orks infrastructure is constru cted in a uniform manner as approved by the Director of Engineering/Public Works.
4.41 Curve Radii for curbs at all street intersection s shall not be less than 35 feet or matching opposing approved cor ner curve rad ii or as approved by the Director of Engineering/Public Works.
4.42 Right-of-Way ge ometry for property line corner cu t-backs at curb returns shall conform to RC Standard Drawing No. 805 unless otherwise approved by th e Director of Engineering/Public Works.
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Cathedral City – Planning Commission
July 20, 2022
4.43 The Applicant will remove all existing lan dscaping, monuments an d/or structures that the Director of Engineering/Public Works determines to impair vehicle, bicycle and/or pedestrian line-of-sights along all the frontages associated with this CUP.
4.44 The Applicant will coordinate all public and private roadway improvements and driveway transitions with the adj acent property owners (public and/or private) and coordinate relocation of fire hydrants, water meters and all other appurtenances as required to the satisfaction of the Director of Engineering/Public Works.
4.45 The App licant shall construct all stre et, curb and gutter t o u niformly connect to existing adjacent improvements south and east of the CUP along the Date Palm Drive and Victoria Drive frontages, respectively, to the sa tisfaction of the Director of Engineering/Public Works prior to the issuance of the COO.
4.46 Improvements shall be designed and constructed in accordance with City adopted standards, supplementa l drawings and specifications, or as approved by the Director of Engineering/Public Works.
4.47 All public and private improvements shall be s ubject to City requirements for inspection during construction.
4.48 The City will conduct f inal inspections of structures only when the buildings have improved street and si dewalk access to publicly maintaine d streets. The improvements shall include required traffic control devices, pavement markings and street name signs.
IMPROVEMENT PLANS
As u sed t hroughout these Cond itions of Appr oval, professional titles such as “engineer,”’ “surveyor,” and “architect,” refer to persons current ly certified or licensed to practice their respective professions in the State of California.
4.49 Improvement plans shall be prepared by or under the direct su pervision of qualified engineers and/o r architects, as appropriate, and shall comply with a ll requirements of the City of Cathedral City.
4.50 The following improvement plans shall be prepared and submitted for revie w by the Engineering Department. A separat e set of plans for each line item spec ified below, for eac h phase, shall be prepared. The plans sha ll uti lize the minimum scale specified, unless authorized by the Director of Engineering/Public Works.
Plans may be prepared at larger scale if additional detail or plan clarity is desired.
NOTE: The App licant may be required to prepare other improveme nt pla ns not listed here pursuant to improvements required by other agencies and utility purveyors.
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Cathedral City – Planning Commission
July 20, 2022
NOTE: All Plans will be prepared by a Civ il Engineer li censed to practice their profession in the State of California.
A. On-Site Rough Grading Plan 1” = 40’ Horizontal
B. PM 10 Plan Report form
C. Erosion Control Plan 1” = 40’ Horizontal
D. WQMP (Plan submitted in report form)
NOTE: A through D to be submitted concurrently.
NOTE: Rough Grading Plan shall normally include perimeter wall with Top of Wall and Top of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions.
E. Precise Grading Plan 1” = 40’ Horizontal
F. On Site Storm Drain Plan 1” = 40’ Horizontal
G. Street Improvement Plan 1” = 40’ Horizontal, 1’ = 4’ Vertical H. Street Signing and Striping Plan 1” = 40’ Horizontal I. Signal Plan 1” = 40’ Horizontal
J. Monumentation Plan 1” = 40’ Horizontal
NOTE: E through J to be submitted concurrently.
NOTE: The stre et improvement plans shall show the sidewalk in the combined parkway and landscape setback area.
NOTE: If applicable, s eparate Off-Site Storm Drain Plan if required by D irector of Engineering/Public Works.
Other engineered improvement plans prepared for City ap proval that are not listed above shall be prepared in formats approved by the Director of Engineering/Public Works prior to commencing plan preparation.
All Plan and Profile Street Plans and Signing and Str iping plans s hall show all existing improvements for a distance of at least 200 -feet beyond the project limits, or a distance sufficient to show any required design transitions.
All Signing and Str iping Plans sh all show, at a minimum; Stop Signs, Limit Li nes and Legen ds, No Parking Signs, Raised Pavemen t Marke rs (RPMs) (including Blue RPMs at fire hydrants), curb paint limits and Street Name Signs per Cathedral City Standard Plans and/or as approved by the Direct or of Engineering/Public Works.
4.51 The Applica nt shall furn ish accurate Mylars of all improveme nt plan s to the Director of Engineering/Public Works for approval. The improvement plans shall be of a scale approved by the Director of Engineering/Public Works.
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Cathedral City – Planning Commission
July 20, 2022
4.52 The Applicant shall furnish a copy of all approved impr ovement plans on an electronic storage media acceptable to the Director of Engineering/Public Works.
4.53 Upon completion of construction and prior to final acceptance of the improvements by the City, th e Applicant shall furnish the City with repr oducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked “As Built” and shall be stamped and sig ned by the engin eer or surveyor certifyi ng to the accu racy and completeness of the drawings. The Applicant shall have all approved Mylars previously subm itted to the City, revised to reflect the as-built conditions. The Applicant shall employ or retain the Engineer of Record (EOR) during the construction phase of the project so that the EOR can make site visits i n support of preparing “As Built”. However , if subsequent approved revisions have been approved by the Director of Engineering/Public Works and reflect said “As Built” conditions, the EOR may submit a letter attesting to said fact to the Director of Engineering/Public Works in lieu of Mylar submittal.
IMPROVEMENT SECURITY AGREEMENTS
4.54 Prior to the issuance of the COO, the Applicant shall construct and dedicate al l on and off-site improvements and satisfy its obligations for same.
4.55 Prior to improvement plans approval the Applicant shall submit for review and City approval, Covenants for the future maintenance and upkeep of (and not limited to) street light s, landscaping improvements, ha rdscape improvements, PM -10 cleanup mitigation, drainage fac ilities, rete ntion basin improvements and permanent site BMP appurtenances. Once approved by the City, Applicant shall execute and record such Covenants.
4.56 The Applicant shall submit applicable fees or deposits for the cost of reviewing the applicable Public Works Co mpletion Agreement(s), Drainage Covenant, Mutual Drainage Easements, Street Light Covenant, PM -10 Cleanup Mitigation Covenant and/or any other requests or form submittals made by the Applicant related to this CUP.
4.57 The Applicant shall provide se curity to gua rantee the final mo numentation of this CUP. All securitie s for final survey monumentat ion will be in the f orm of 100% cash deposits.
SITE WORK
4.58 The Applicant shall comply with all the provisions of Cathedral City Munici pal Codes and Ordinances.
4.59 The Ap plicant shall obtain a Grading Permit approved by the Direct or of Engineering/Public Works prior to initiating any construction or on the CUP site.
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Cathedral City – Planning Commission
July 20, 2022
4.60 To obtain a n app roved Grading Permit, the Applicant shall submit and obta in approval of all of the following:
A. A Grading Plan p repared by a civil engineer registered in the State of California,
B. A preliminary geotec hnical (“Soils”) Report prepared by a professional registered in the State of California,
C. A Fugitive Dust Control Plan prepared in ac cordance with City of Cathedral City requirements,
D. An Erosion Control Pl an prepared in accordance wit h City of Cathedral City requirements,
E. A Best Management Practices rep ort prepared in accordance with Cathedral City requirements (N PDES Stormwater Disc harge Permit and Storm Management and Discharge Controls),
F. As applicable, A WQMP prep ared by an aut horized professional registered in the State of California, and
4.61 A state ment shall appear on the Grading Plan that a soils report has been prepared in acc ordance with the California Health and Safety Code § 17953 and California Government Code § 66490.
4.62 The App licant shall furnish security, in a for m acceptable t o the City, an d in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted w ith its application for a Grading Permit.
Additionally, the Applican t shall replenish said security if expe nded by the Ci ty of Cathedral Cit y to comply with the Fugitive Dust Contr ol Plan as required by the Director of Engineering/Public Works.
4.63 The Applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All ope n graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other er osion control measures, as were approved in the Fugitive Dust Control Plan.
4.64 Grading within th e parkway areas shall conform to Cathed ral City requi rements except as o therwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in t he landscape setback area , except for the back slope (i.e. the slope at the back of the landsc aped lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of si dewalk is within six feet (6’) of the curb, otherwise the maximum slo pe within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be dep ressed one and one-half inches (1.5”) in the first eighteen inches (18’) behind the curb.
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Cathedral City – Planning Commission
July 20, 2022
4.65 Building pad elevations on the Grading or Precise Gradi ng Plan submitted for Director of Engineering/Public Works’ approval shall conform to the pad elevations shown on the improvement plans, unless the p ad elevations have other requirements imposed elsewhere in the Conditions of Approval.
4.66 Building pad eleva tions of perimeter lots shall not diffe r by more than one foot higher fr om the building pads in adjacent deve lopments. The Applicant shall minimize the differenc es in elevation between t he adjoining properties and this Project.
4.67 Prior to any site grading or re-grading that will raise any portion of the site by more than plus or minus half of a foot (0.5’) from t he elevation shown on the approved Grading Plans, the Applicant shall submit t he proposed grading changes to the Director of Engineering/Public Works for a substantial conformance review.
4.68 Prior to th e issuance of a Building Permit for any building, the Ap plicant shall provide a parcel Pad Certification stamped and signed by a quali fied engineer or surveyor with applicable compaction tests and over e xcavation documentation.
Each pad cert ification shal l list the pad elevation as shown on the approved Grading Plan, the actual pad elevation and the difference between the two, if any.
Such Pad Certification shall also list the relative compaction of the pad soil. The data shall be organized by parcel num ber and listed cumulatively if submitted at different times.
DRAINAGE
4.69 Stormwater handling sha ll confo rm to the approved Hydrology and Dra inage Report for CUP. The design of the Project shall not cause any increase in flood boundaries, levels or frequencies in any area outside the development.
4.70 Stormwater and nuisance water (drainage) shall be ret ained on site and shall be disposed of in an a pproved manner. Nuisance water shall be disposed of via on - site storm drains, new and existing catch basins, underground percol ation piping chambers, dry wells and ret ention b asin(s) as approved by the Directo r of Engineering/Public Works.
4.71 All drainage water shall be c onveyed underground or in an approved manner subject to the satisfaction of the Director of Engineering/Public Works.
4.72 Storm water drainage histor ically received from adjoining properti es sh all b e received and retained and/or passed though into the historic downstream drainage relief route.
4.73 The Applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES Storm water Discharge Permit; Riverside Count y Ordinance No. 457; th e Californian Regional Water Quality Cont rol Board – Colorado River
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Cathedral City – Planning Commission
July 20, 2022
Basin (CRWQCB -CRB) Regional Board Order No. R7 -2013-0011 and the State Water Resources Contro l Boa rd’s Order No. 2009 -009-DWQ, Order No. 2010 - 0014-DWQ and Order No. 2012-0006-DWQ.
A. For pos t-construction, urban runoff from New Dev elopment and Redevelopment Projects, the Applicant shall implement requirem ents of the NPDES permit for the design, construction and the covenants for the perpetual operation and maintenance o f BMP s per the approved Water Quality Management Plan (WQMP) for the project as require by the California Regional Water Quality Control Bo ard – Colorado River Basin (CWQRCB - CRB) Region Board Order No. R7-2013-0011.
B. The Applicant shall implement the WQMP Design Standards per ( CRWQCB- CRB) Region Board Order No. R7 -2013-0011 utilizing BMPS approved by the Director of Engineering/Public Works.
UTILITIES
4.74 The Applicant shall obtain the approval of the Director of Engi neering/Public Works for the location o f all utility lines wit hin any right -of-way, and all above - ground utility structures including, but not limited to, traffic signal cabinets , electrical vaults, water valves, and teleph one s tands, to ensure optimum placement for practical, ADA and aesthetic purposes.
4.75 All proposed new utilities shal l be insta lled underground p er the utility purveyor standards and as approved by the Director of Engineering/Public Works.
4.76 Underground util ities shall be installed prior to overlaying hardscape. For installation of utili ties in exist ing improved streets, the Applicant shall com ply with trench restoration requirements required by the Director of Engineering/P ublic Works.
4.77 The Applicant shall provide certified reports of all utility trench compaction for approval by the Director of Engineering/Public Works.
4.78 All facilities within the CUP shall be served with a gravity sanitary sewer system, a domestic water system and a fire protection system in accordance with CVWD and City of Cathedral City Fire Department requirements and standards. Applicant shall pay to the City and CVWD all applicable sewer and water service charges, capacity charges and construction reim bursements to ensu re all services are complete, in place and operational prior to the respective COO being issued.
4.79 The Applica nt sh all abandon or relocate existing easemen ts over CUP prior to issuance of the COO as required by the agency and/or individu al favored and as approved by the Director of Engineering/Public Works. Additionally, the Applicant shall relocate existing utility facilities that are required by all utili ty purveyors prior
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Cathedral City – Planning Commission
July 20, 2022
to issuance of the COO or as approved by the Director of Engine ering/Public Works.
SECTION 5 FIRE PROTECTION
This project has been reviewed as a “Group M” type occupanc y, any other use will require further review.
Unless specifically stated her ein, these con ditions shall not be construed to permit or allow deviation from any Federal or State laws nor any of the local codes and ordinances adopted by this jurisdiction. Please contact the City of Cathedral City F ire Department for any questions re garding compliance with the applicable codes or following conditions:
Note: All references to the 2016 C alifornia Fire Code are shown as CFC, the 2016 California Building Code is shown as CBC and the C alifornia Code of Regulations are shown as CCR.
AGENCY APPROVALS
5.1 The Final Conditions of Approval for this project shall be included in any site plan or con struction plans submitted for permit issuance. Plan s will not be approved without reference to these “conditions”.
5.2 This project is subject to review and approval in accordance with the CCR, Title 19 for Fire and Life Safety. This project is subject to a n annual inspection and permit from the Cathedral City Fire Department for this type of occupancy (use).
FIRE ACCESS
5.3 Fire Lanes parallel to the building shall be a minimum of 20 feet wide, unobstructed.
FIRE PROTECTION
5.4 Portable fire extinguishers shall be installed and maintained in accordance with CFC, Section 906 and CCR, Title 19, Chapter 3 . One at each fuel island and two inside the convenience store; one at west wall at the entrance to “Backroom” and one adjacent to the “Restrooms”. The fire extingui sher types / sizes shall be approved by the Cathedral City Fire Department prior to installation.
MISCELLANEOUS
5.5 Emergency lighting and illuminated Exit signs shall be provided.
5.6 The doors must be operable from the inside of the building for occupant exiting. No surface latches or security bars are permitted.
5.7 Door Header Sign required above main entr ance door “This Door to Remain Unlocked During Business Hours”
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Cathedral City – Planning Commission
July 20, 2022
5.8 Maximum Occupant Load Sign is required, based on capacity as determined by the Building Department.
5.9 Prior to final inspection, an illuminated address with a minimum of twelve-inch (12”) in heig ht and a minimum of one and one -half (1 ½”) stroke numbers on a contrasting background and illuminated (backlit or surface) shall be provided on all existing buildings in accordance with the CFC, Section 505.
5.10 A National Fire Protection Association (NFPA) 704H Diamond shall be installed on the building identifying the Health, Flammability, Reactivity and Special Hazards of the materials inside the buildings.
SECTION 6 BUILDING DEPARTMENT
6.1 Project shall comply with the most recently adopted version of the California Building Standards Code (Titl e 24, California Code of Regulations) in effect in Cathedral City and other adopted City Ordinances which include the following:
a. CA Building Code
b. CA Plumbing Code
c. CA Mechanical Code
d. CA Electrical Code
e. CA Fire Code
f. CA Green Building Standards Code
g. CA Energy Code
h. Chapter 8.34 of the Municipal Code: Building Security
6.2 As applicable, automatic fire sprinkler sy stems shal l be installed in all new construction as per Chapte r 9 of the California Building code and per Ci ty Ordinance. Design and type of system shall be based upon the requirements of the California Building Code, the California Fire Code and the requi rements of the Fire Department.
6.3 The requirements of the Depart ment of Environmental Health Services and the Air Quality Management District shall be satisfied prior to the issuance of any permit if hazardous materials are stored and/or used.
6.4 Any temporary building, trailer, commercial coach, etc. installed and/or use d i n connection with a construction project sh all comply with the City of Cathedral Ci ty requirements.
6.5 All perimeter/boundary walls shall be designe d and constructed so that the outer/exterior face of the wall is as close as possible to the property line. In any case, the outer/exterior face of the wa ll shall be within two inches of the pro perty line. Distances greater than two inches may be approved prior to construction by the Building Official on a case-by-case basis for extenuating circumstances.
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Cathedral City – Planning Commission
July 20, 2022
6.6 All property lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become non -conforming with the requirements of the latest adopte d edition of t he Building Code, or any other applicable law, ordinance, or code.
6.7 The grading permit shall be issued prior to , or concurrently with , the building permit.
6.8 All signs shall be Underwriters Laboratories approved or the equivalent.
6.9 Permits issued by the Building Department are required prior to the removal and/or demolition of structures.
6.10 Prior to any building inspection, the following info rmation shall be submitted to the Building Department:
a. A P ad Certification from the civil engineer of re cord that certifies the pad elevation is consistent with the approved grading plan; b. A Form Certification from the civil engineer of record that certifies the building concrete forms have been placed to conf orm with the required setbacks as per the approved site/grading plan; and
c. A compaction Report from a geot echnical testing firm that certifies the site has been compacted to comply with the approved soils/geotechnical report.
6.11 If hazardous substances are used and/or stored, a technical opinion and r eport, identifying and developing methods of protection from t he hazards presented by the hazardous material s may be required. This report shall be prepared by a qualified person, firm, or corporation and subm itted to the Building Department.
This report shall also explain the proposed facility's intended methods o f operation and list all of the proposed mater ials, their quantities, classifications, and the effects of any chemical (material) inter-mixing in the event of an accident or spill.
SECTION 7 RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
7.1 Any outdoor light ing installed shall be hooded or shielded to p revent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing.
7.2 The following uses shall be prohibited:
a. Any use th at w ould direct a steady light or flashing light of red, white, green or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or to ward an aircraft engaged in a straight final a pproach toward a landing at an airport, other
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Cathedral City – Planning Commission
July 20, 2022
than an FAA -approved navigational signal light or visual appro ach slope indicator.
b. Any use that would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. c. Any use that would generate smoke or water vapor or which would attract large concentrations of birds, or that may othe rwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, production of cereal grains, sunf lower and row crops, artificial marshes, recycling centers containing putrescible wastes, and construction and demolition debris facilities.)
d. Any u se which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation.
7.3 This notice sh all be provided to all potential purchasers of the property and tenants of the building that reads as follows:
NOTICE OF A IRPORT IN VICINITY This property is presently lo cated in the vicinity of an airport, within wh at is known as an airport influence area . For that reason, the property may be subject to some of the annoyances or inconveniences associated with p roximity t o ai rport operations (for example:
noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to perso n. You may wish to consider what airport annoyances, if any, a re associated with the property before you com plete your purchase and determine whether they are acceptable to you. Business & Professions Code Section 11010 (b) (13) (A)
7.4 Any new retention basi ns on the site shall be designed so as to provide for a maximum 48-hour detention period following the conclusion of the storm event for the design storm (may be less, bu t not more), and to remain totally dry between rainfalls. Vegetation in and around th e retention basin(s) that would provide food or cover for bird species that would be incompatible with airpo rt operation s hall not be utilized in project landscaping.
Approved for Planning Entitlements by the Cathedral City – Planning Commission on July 20, 2022.
Attest:
___________________________ ___________________________ Robert Rodriguez Applicant
Director of Planning and Building
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APPLICANT /DEVELOPER ENGINEER/PLANNER
SITE NOlES
D
SAGE VICTORIA CC, LlC THE ALTUM GROUP «: 0
1. All GROUND MOUNTED E QUIPMENT Will BE S CREENED FROM PUBLIC VIEW BY LAN DSCAPING DR O THER BARRIERS.
a::
a:: c/o RALPH DEPPISCH
JAMES BAZUA, PE
EMAIL: JAMES.BAZUAOTHEALTUMGROUP.COM w EMAIL: [email protected] �
MR. RICH MAI.ACOFF 2. All EQUIPMENT CABINETS MUST BE S CREENED FROM PUBLIC VIEW WITH SIMILAR COLORS AN D/DR MATERIALS OR BE INTERIOR TO THE BUILDING. 4340 VON KARMEN AVE., #110 EMAIL: RICH.MALACOFFOTHEALTUMGROUP.COM � E RAMON ROAD NEWPORT BEACH, CA 92660 44-600 VILLAGE COURT, SUITE 100
3. LANDSCAPING Will BE CONSISTENT WITH THE REQUIREMENTS OF THE COACHELLA VALLEY WATER DISTRICT ORDINAN CE 1302.1 AS ADOPTED BY T HE CllY OF CATHEDAL CllY UNDER ORDINANCE N 0.686, 'WATER E FFICIENT LA NDSCAPE ORDINAN CE". REFER TO THE FOLLOWING TEXT FOR RECOMMENDED LANDSCAPE MATERIALS, "LUSH AND EFFICIENT: LANDSCAPE GARDENING IN THE COACHELLA VALLEY," BY THE COACHELLA VALLEY WATER DISTRICT, 2006.
CELL: (949) 705-0426 PALM DESERT, CA 92260
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4. PERIMffiR WALLS SHAl.1 BE A MINIMUM OF 6FT HIGH MEASURED FROM EITHER
SIDE OF THE WALL
5. TRAS H ENCLOSURE Will SATISFY All CllY OF CATHEDRAL CITY STANDARDS AS S HOWN ON GP-1.
6. PROPOSED EQUIPMENT STORAGE ROOM Will HOUSE CLEAN ING AND MAINTENANCE EQUIPMENT.
7. THERE Will NOT BE A BUILDING M OUNTED LADDER. ROOF ACCES S Will BE VIA FREE STANDING LADDER.
8. PROPOSED S EWER LATERAL
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W- - ,.__�-I SIGNAL TO BE ;�I !I' V /, 7,)< ,,------------·-·-----,---J�-- ___ ,=_ --- -----· -�"�"'pl, ' ' .,, It ::1
13' • ! , �- ::, I � RELOCATED "' I � I �/ , /
( N59"55 3�"E I - � � ':,.._ - :, ' PA 9' L's:"- 9' ��- I
',I --',/-
-
f I I
l.,,._ ' 'l> I · ,/��• 145•1�./Ja ·,PROPOSED ) J'
�
PROPOS ED� ·
�
-��.� I RELOCATED TRA�C - );',, ✓.:ii //�
�
�� ( ���� ��r
H
PA c- �/ __ 9JBc •i : : DEDICATI<m'--
�
� I r- I STI NG SEW LINE :'!; ' f SIGNAL I � '[;'. � // / � ,Lt!,@ �
;,_
"'
"
�
" , � PROPOSED SIGN ' ■ 40 � ■ l's PA ::, II I � I
1 1 , 1 · // / �"', G • -� PROPOSED LIGHT STANDARD •� DRIVEWAY ,. ► """"'.- -·- -� - J.-�r-rEXISTING WATER LINE §; I I : RELOCATED FIRE , / �l t=s "::=s:"=s::::I::"::il. I'---- :---.--o I'll(", , '.;! \ I ::, =' =':!! �::::; � N42'45'22"E
�
' ' TO BE QUITCLAIM Al. , ACCESSIBLE ADA -
7'
-
MICHAEL DEMARCO
-l'l I f EXISTING SEWER
\ 1
n it �� � 20.44• 0 fii\-- a, , , PROPOSED ADA ING SPACE 673-171-024 � l I LINE 11 vi� 13 � I'-,__ PROPOSED LAN DSCAPE
O
� ,,, ' ' PATH O F TRAVEL • � . / I Cl
RESIDENTIAL
� ti I I ::. i:.'.l� � � MOUNDING, TYP.rSTORM DRAIN , , FUEL I SLAND "' PROP D AIROWATER _.:� � 1 5, \/ I \ EXISTING cuRB, GumR, i i I PROPOSED ,8' + , / �� / SWALE 673-172-001 ' ' [ CANOPY '\ , U NIT ::, SIDEWALK .£ f ROW DEDICATION i-!--
1 ' · L c..j- , � � I �1/ 18'
� \1
1 w EXISTING16URB, G�TTER, l.J.\l �:.,. 'I PROPOSED S EWER SERVICE LINE f' ; ; / -- " 0 0 "' --�
I I.,. I �?! SIDEWALK "' ::, I �I � oo'/w 10' --- - - - _ s. 153.5; � - a1 .�" 0 70.4' O' 30' CEflJT:ERLINE ,;o -� 1
/ I I .
� • !ii1 - ;;I;-:... 19' __"'__
0 ,FUELING
O
,.. ' '
0 FUELING
O
'- PROPOSED LIG • t' ..
:
XI ·rn
J
·
J
ROW LINE I ::,
,; E:)(ISTING WATER
II""'--! I � � �
lDJ IOI ISLAND IOI '' '" '\' '."-' IOI ISLAN D IOI� <' STANDARD � . - ., _£ 11 ::E WNE I ■- b "' ' 1 ,-,_.,.,....., ' ' " ./ {: "! !:l;! °' 11 ..J 5 � -�, z JI ..2. Iii a ..ll. a a ..ll. � , iI 1-1
I_J ' "I';] 0 a a O • __.,,,.. "' "' :::i
t \I <(D..
PROPOSED flDA -, ,. A. PA , '"' ·, Q Q
PROPOSED CU 8, �� p , OSED 6' HII ie5 ...- ACcESs TOI s1TE I I"' 1 •t y , "' n � , GUTTER :
_/� .,.,.-- cMi!J WALL MH !z ::.
! \\ �I ��OSED
r
ATER
�N�·-lf,- 1"-,""- �l'llAflll���"'"'"'"'"'"'\� [] n·: '�""'��"''�l�ANll�I� � 'Y , PRO
::�G
VE
�
1 :�:
s
LINE / \\� :
I
v
/
rEXISTING FH
0 �
<( i 55' CENTERLINE TO r--·�• '�··-·-2' 2 - 2' ' 2"W
1 ' • "v"
7 .I )'I a: f;:; ·/a.. 11
/
1' EXISTING ROW LINE J ' ' ·
1 �� PROPOSED WATER.../
•• I ?ROPOSED AmNDANT KIOSK ___.. D, 1:.'.l -� ,
l 1· �[� .-.,_ / ' '(174 S.F. ------- · , \ ~ •
�
63' CENTERLIN� TO l< IF SERVl�5---{� SD SD s_ r SD---- S0'---.1,;.;6.�--l!!ll o i. , er
[
4- --Ho-PROPOSED J - - -r ,,, -I � 1E: ' ' FUEL ST ORAGE TANKS STANDARD ff , .., PA / :g .., 43 CENTERLINE JO . I , j
�SIGN :Lu ' ' rPROPOSED CURB, W.it"."1/' ""' ...- ,
)1-..I..__
<( � t
EXISTING CURB AND I GUTTEI
R t!l
I
PA -:-7 - '1 , , 1 GUTTER ...J6 • - 1 ...._ o
2 \1
\1 7 5'
I: I ::, r 8.00' DEDICATION 'x\ // 25'
560
J��
f:_
' 2· ''
\... PROPOSED _JJ� \ PROPOSED -; "., / 21.3' --______,-: .!.c � � EXISTING C©RB -�
14. PROPOSED CURB,../ ,1 1tRIVEWA.,,, =AN0AA1J \...�:��zr ENCLOSURE ---..:. " • � d� ., � AND GUTTER GUTTER
,,... , ,, ,- I r-...:1.f
LpRQPOSED UNDERGROUND ...-------ot>-----::0ROe.O.�ED
0 � .,.,
0 �11 "'
! I / •/lU. , , --- STDRM
1m_
WAWRoSTORAGE .,-, EQUIPMENT
)
.� e:,
,
I >
-EX1ST1�.j1NG .J.•�=��·�:E� c;>'-k-';y,::�11,: •• .>!<. STORAGE � 11
l �·�� .. �.u..&''.rlil I r· r- - 'If -�
-[(u"t""'-
� r_--
� I�
F \�----��k�ISTI�NG�B��O�CK�
7. Ii2 w I "H: L 1 I ---- 11-_-
__,
__.
�
.... ''-p OPOSE · EXISTI G - EXr: NG
r
KING
-1:-, bc.=��w;;:::::;;:;�;====®�::=. ____ JI__., " l ., r,1 °(11 };; I . 0 NOT CURB & LO LIGHT
V
b�- > -
a I f- - - -�mH)- - --Ec□H,- - -� EC, i.,,. .... ..iwu :jii * --
� I - * t:i�, , "- � JOIN EXISTING ..__ '_:; ENTER" IGN GUTTER , , 1:-q;G>- - _ _ ©« ./ � 1 1 EXISTING POWER �� , :w• CURB 1 "--EXISTING PARKIN\; � /:-(LJG), ........-/ · � : POLE
1 - �w � ..- EXISTING JOIN EXISTING CURB- COLE FD PORTFOLIO V LOT LIGHT --::::'.'.:::::=:'� ,�,;;;::=::::::=.......- 5 II llml xg � CllRir- AND GUTTER I C/0 LEASE ADMINISTRATION DEPT. "' -� I I � I i.?'�.J ,.,_
6 673-172-024 ' ..---
.1
�
,,.., 1
"' �� - N
1 1
�rA: . - _
VACANT coMMERCIAL
� L .9- I
I I\ ---------- ·� . EXISTING PARKING � \
-J l i--�-- � ' LOTL IGHT '-.,, Kl
� 9 ::> ill § EXISTING PARKING -J¢E-
�l---,,-�-,-.,......,--,-....,.....,,,
1/ : � _,_•
rl
• :� �
�
: ' ! I I N -� i / LOT LIGHT
,,,-,
'ff--�/l�---,:;;---==1!: Lb�--'·,µ,: :� \
INDEX MAP
SCALE: 1 •�20'
::,
::,
::,
EZEQUIEL ESC OBAR
673-171-023
RESIDENTIAL
PRE PARE D BY:
TEL: (760) 346-4750
FAX: (760) 340-0089
PROPERTY OWNERS
APN: 673-172-001
SANDRA AN DERSON
3920 LIGHT HOUSE PLACE
DISCOVERY BAY, CA 94505
LEGEND
----- E----- E- EXISTING ELECTRICAL/POWER LINE
EXISTING TELEPHONE L INE - ·
- · - T
2"G - EXISTING GAS LINE
s EXISTING SEWER LINE
----w---- EXISTING WATER LINE
EXISTING STORM DRAIN
--- --- TV-- EXISTING CABLE TV
EASEMENT L INE
ROW LINE
CENTERLINE
----<'201:i--------
SETBACK LINE
EXISTING CONTOURS
PROPOSED CONTOURS
TOP OF PAVEMENT
FLOWLINE
----190----
TP
FL
FH
□•
The
FIRE HYDRANT
PROPOSED LIGHT STANDARD
PROPOSED ROW DEDICATION
SHEET INDEX
SP-1
PG-1
A 1.1
A 1.1 .1
A2.1
E-1
E-2
L1.0
PRELIMINARY SITE PLAN
PRELIMINARY SITE GRADING PLAN
CAN
OPY F
LOOR P LAN
KIOSK FLOOR/FOUNDATION PLAN
ROOF PLAN
CANOPY E
LEVATIONS P HOTOMETRIC
AND LIGHTING PLAN PH OTOMETRIC
AND LIGHTING PLAN LAN DSCAPING
PLAN
6 10 20
GRAPIUC SCAIE
SCALE 1"•20'
40 � �Altu l:IGroup
44--600 Village Court, Ste. 100
Palm Desert, CA 92260
t.760.346.4750 f. 760.340.0089
TheA ltumGroup.com
a,
-1-' ENGINEERING I PLANNING I SURVEY I ENVIRONMENTAL FOR:
UTILITIES
SEWER:
WATER:
GAS:
ELECTRIC:
TELEPHONE:
CABLE TV:
USA:
NOlES
COACHELLA VALLEY WATER DISTRICT
COACHELLA VALLEY WATER DISTRICT
THE GAS COMPANY
SOUTHERN CALIFORNIA EDISON
FRONTIER
SPECTRUM
UNDERGROUND SERVICE ALERT
(760) 398-2651
(760) 398-2651
(760) 323-1851
(760) 202-4291
(760) 778-3611
(760) 760-5313
(800) 227-2600
CONTOUR INTERVAL ............................................. 1 FOOT THOMAS BROS. I NDEX ................................... . PAGE 787, F-3 SCHOOL DISTRICT . . . . . . . . . . . . . . . . . . . . PALM SPRINGS UNIFIED SCHOOL DISTRICT
ZONING AND LAND USE
EXISTING GENERAL PLAN ........................ CG - GENERAL COMMERCIAL EXISTING Z ONING . . ............... . PCC - PLANNED COMMUNITY COMMERCIAL SPECIFIC PLAN 90-43
SITE AREA TABULATION
PARCEL A REA (GROSS)
ROW DEDICATION
PARCEL AREA (NET)
LAN DSCAPE AREA
LEGAL DESCRIPTION
30,982 S.F.
2,777 S.F.
28,205 S.F.
4,585 S.F.
0.71 AC.
0.06 AC.
0.65 AC.
0.11 AC.
REAL PROPERTY IN THE CITY OF CATHEDRAL CITY, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 33 OF CATHEDRAL ESTATES NO. 2, AS SHO\\N BY MAP ON FILE IN BOOK 26, PA GE 85, OF MAP S, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
EXCEPTING THEREFROM THAT PORTION THEREOF
CONVEYED TO THE COUNTY OF RIVERSIDE BY
DEED RECORDED DECEMBER 21, 1973 AS INSTRUMENT NO. 164794 OF OFFICIAL RECORDS OF RIVERSIDE C OUNTY, CALIFORNIA.
PARCEL 2;
THE NORTHERLY 20 FEET OF L OT 32 OF CATHEDRAL ESTATES NO. 2, AS SHOWN BY MAP ON FILE IN BOOK 26 PA GE 85, OF MAP S, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
PARCEL 3:
THE NORTHERLY 155 FEET OF TH E WESTERLY 132.85 FEET OF
LOT 24 OF PLUMLEY A ND SON
SUBDIVISION, A S SHOWN BY MAP ON FILE IN BOOK 10 PA GE 94, OF MAP S, RECORDS OF RIVERSIDE C OUNTY, CALIFORNIA:
EXCEPTING THEREFROM THAT PORTION THEREOF C ONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED SEPTEMBER 5, 1973 AS INSTRUMENT NO. 117343 OF OFFICIAL RECORDS OF RIVERSIDE C OUNTY, CALIFORNIA.
BENCHMARK
CATHEDRAL CITY CONTROL SURVEY MONUMENT
NUMBER: 120
NAME: DATE PALM/DINAH SHORE
ELEVATION - 332.78 {US FEET) (NAVD 88)
101.243 (METERS)
CATHEDRAL CITY BRONZE D ISK I N CONCRETE SIGNAL BOX F OOTING, STAMPED 120 R 1996, AT THE NORTHWEST C ORNER OF DATE PALM DRIVE AND DINAH SHORE DRIVE. WEST SIDE OF TRAFF IC SIGNAL CONTROL B OX I N ISLAND .
BASIS OF BEARINGS
GRID NORTH BASED UPON CALIFORNIA STATE PLANE COORDINATE SYSTEM, ZONE 6, NAD 83, EPOCH 2020.000.
THE BEARING EQUATION FOR THIS PROJECT WOULD BE THE CENTERLINE OF V1CTORIA DRIVE ALSO BEING THE NORTH LINE OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST NORTHWEST QUARTER (NW 1/4) OF SECTION 27, T OWNSH IP 4 SOUTH, RANGE
5 EAST, S.B.M. HAV1NG A B EARING OF NORTH 89'56'34" EAST, ALSO BEING NORTH 89"49'06" EAST
AS SHOWN ON PARC EL MAP NO. 18201 RECORD IN BOOK 116 AT PA GES 98-99, OFFlaAL RECORDS RIVERSIDE COUNTY, CALIFORNIA.
FLOOD AND FAULT ZONES
FEMA FLOOD ZONE "X" - OTHER AREAS
AREAS DffiRMINED TO BE O UTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN.
MAP NUMBER 06065C1587G
DATED: AUGUST 28, 2008
NOTE:
PROJECT SITE AND SURROUNDING AREA ARE NOT SUBJECT TO FLOOD OR SEISMIC HAZARDS.
EASEMENT NOlES
&- AN 5' PU BLIC UTILITY EASEM ENT FOR E ITIHER OR BOTH POLE LINES, CONDUITS
OR UND ERGROUND FACILITI ES AND INCIDENTAL PU RPOS ES, RE CORDED AIPRIL 07, 1954 AS BOOK 1573, PAG E 355 OF OFFIC IAL RECO RDS. IN FAVOR OF:
CALIFORNIA ELECT RIC POWER COMP ANY AND CALIF ORBIA WATIER AND
TELEPHON E COMP ANY
ASSESSOR'S PARCEL NO's
673-172-001-1
SITE ADDRESS
SITE COVERAGES
BUILDING AREA 1%
PAVED PARKING/ACCES S 75%
LAN DSCAPE AREA 24%
RffiNTION AREA {UNDERGROUND) 0%
TOTAL AREA 100%
CITY OF CATHEDRAL CITY SHEET NO.
SP-1 PRELIMINARY SITE PLAN
FOOD 4 LESS =11=308-FUEL STA TlON
KROGER CORPORATION OF 1
SAGE VICTORIA CC, LLC a...__ ________________________________________________________________________________________ ___. ___________________ ..... _______________________________ _.
A 1.1 .2
34500 DATE PALM DRIVE
4.A.b
Packet Pg. 39
Attachment: Attachment 2 - Site Plan (3324 : CUP 21-016 Kroger)6.A.c Packet Pg. 89
Attachment: July 20, 2022 Planning Commission Staff Report and Attachments (3443 : Appeal CUP No. 21-016 Kroger)
DATE PALM DR
JJ
J
J
J
J
J
J
J
J
J
JJ
J
J
J
J
J
J
J
J
J
J
J
J
J
J J
J
J
J J
J
J
J
J
E
VICTORIA DR
12'
3'22'3'43'3'22'3'22.1'15.5'
43.65'25'46'25'25'12'
145' CANOPY
181.65'
7' 10' 7'14.5'5'9.5'
24'
5'
5'
TYP.
TYP.
TYP.
5'
34'
8'
37.5'
39'
70.4'
38.6'
26'
16'
8'
5'
10.2' 13'
10'
25'
4'
21.3'
8'
21.6'
TYP.
TYP.
TYP.
7'
2"
14"
ARCHITECTURAL
IMPROVEMENT PLAN
GENERAL NOTES:
FLOOR PLAN KEYED NOTES:
SUSTAINABILITYENGINEERINGGROUP
210729
BH
04/14/2022
OWNER REVIEW
THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE. 8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260 WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534 BH
AF
04/14/2022
04/14/2022
04/14/2022
A1.1
CANOPY
FLOOR PLAN
CANOPY COLUMN BASE NOTES:
1 OF 5
RESUBMITTAL
4.A.c
Packet Pg. 40
Attachment: Attachment 3 - Floor Plan (3324 : CUP 21-016 Kroger)6.A.c Packet Pg. 90
Attachment: July 20, 2022 Planning Commission Staff Report and Attachments (3443 : Appeal CUP No. 21-016 Kroger)
EQUIPMENT LEGEND
SUSTAINABILITYENGINEERINGGROUP
210729
BH
04/14/2022
OWNER REVIEW
THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE. 8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260 WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534 BH
AF
04/14/2022
04/14/2022
04/14/2022
KIOSK FLOOR AND
FOUNDATION PLAN
A1.1.12 OF 5
RESUBMITTAL
4.A.c
Packet Pg. 41
Attachment: Attachment 3 - Floor Plan (3324 : CUP 21-016 Kroger)6.A.c Packet Pg. 91
Attachment: July 20, 2022 Planning Commission Staff Report and Attachments (3443 : Appeal CUP No. 21-016 Kroger) T
Y
A C
D
F G
S B
6 A2.1
11 3
Q
RW
D
N
HVAC UNIT
P
L
KA
C
B
D
2 M 4
EEE EE
V
GG
OR RELEASE
1. USE EMERGENCY PUMP
2. REPORT THE ACCIDENT!
FIRE DEPARTMENT
FACILITY ADDRESS
XXXX STREET ADDRESS
IN CASE OF FIRE, SPILL
TELEPHONE 911
SHUTOFF
DO NOT
LEAVE PUMP
WARNING
UNATTENDED
DD
CC
AA
12 10B
SEE SIGNAGE PACKAGE FOR
DIMENSIONS AND SIGN LOCATION
10 9 8 7 6 5 4 3
EMERGENCY
SHUT-OFF SWITCH
2 1
N
I
V
M
S
T
Y
A2.1
5A C
F G
L
K A
C
Q
P
B
5 B
DD
BB
2 11
3 4
8 V
1 SEE SIGNAGE PACKAGE FOR
DIMENSIONS AND SIGN LOCATION
SEE SIGNAGE PACKAGE FOR
DIMENSIONS AND SIGN LOCATION
SEE SIGNAGE PACKAGE FOR
DIMENSIONS AND SIGN LOCATION
1 2 3 4 5 6 7 8 9 10
HVAC UNIT
N
V
M
Y
DT D
A C
F G
L
K A
C
P
B
5 23
4 SB
11 6
SEE SIGNAGE PACKAGE FOR
DIMENSIONS AND SIGN LOCATION
OR RELEASE
1. USE EMERGENCY PUMP
2. REPORT THE ACCIDENT!
FIRE DEPARTMENT
FACILITY ADDRESS
XXXX STREET ADDRESS
IN CASE OF FIRE, SPILL
TELEPHONE 911
SHUTOFF
DO NOT
LEAVE PUMP
WARNING
UNATTENDED
T R
Q
A C
F G
D
SB
11 3
W
K L
CA
2 D
M 4
N D
P
B
5E
DD
FFEE
CC
EE
8 7
B
SUSTAINABILITYENGINEERINGGROUP
210729
BH
04/14/2022
RESUBMITTAL
THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE. 8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260 WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534 BH
AF
04/14/2022
04/14/2022
04/14/2022
SCALE: 1/8"=1'-0"
SOUTH ELEVATION1
SCALE: 1/8"=1'-0"
EAST ELEVATION2
SCALE: 1/8"=1'-0"
NORTH ELEVATION3
SCALE: 1/8"=1'-0"
WEST ELEVATION4 CANOPY
ELEVATIONS
C STATIC WARNING DECAL WAYNE DISPENSER MANUFACTURER DISPENSER MANUFACTURER
D FIRE EXTINGUISHER
OWNER GENERAL CONTRACTOR
J DISPENSER DOOR GRAPHICS
WAYNE DISPENSER MANUFACTURER DISPENSER MANUFACTURER
K KIOSK FASCIA
REYNOBOND KIOSK FABRICATOR KIOSK FABRICATOR
L KIOSK FASCIA
3M SANDSTONE KIOSK FABRICATOR KIOSK FABRICATOR
M CANOPY
CANOPY FABRICATOR CANOPY FABRICATOR
P KIOSK - PREFABRICATED
KIOSK FABRICATOR GENERAL CONTRACTOR
Q DISPENSER
WAYNE OWNER GENERAL CONTRACTOR
S 16" CANOPY COLUMNS - G.C. TO PAINT
CANOPY FABRICATOR CANOPY FABRICATOR
T U-SHAPED BOLLARD - G.C. TO PAINT, 3'-0" IN HEIGHT
SAFETY RED RIVERSIDE GENERAL CONTRACTOR GENERAL CONTRACTOR
U NOT USED
W WASTE RECEPTACLE/WINDSHIELD SERVICE CENTER
DCI MARKETING OWNER GENERAL CONTRACTOR
I PRE-CUT BLACK VINYL ADDRESS DECALS PER LOCAL
AUTHORITY SPECIFICATIONS, IF REQUIRED
GENERAL CONTRACTOR GENERAL CONTRACTOR
EQUIPMENT SCHEDULE
ITEM DESCRIPTION COLOR MANUFACTURER MODEL FURNISHED BY
INSTALLED BY
F CANOPY FASCIA REYNOBOND CANOPY FABRICATOR CANOPY FABRICATOR G CANOPY FASCIA 3M SANDSTONE CANOPY FABRICATOR CANOPY FABRICATOR SW 7531
CANVAS TAN
V ILLUMINATED CHANNEL LETTERS
CUMMINGS SIGNS OWNER SIGN INSTALLER
X NOT USED - ILLUMINATED LOGO SIGN
CUMMINGS SIGNS OWNER SIGN INSTALLER
RED WITH
WHITE LETTERS
O NOT USED
WAYNE
N 6" DIAMETER BOLLARD - G.C. TO PAINT
SAFETY RED GENERAL CONTRACTOR GENERAL CONTRACTOR
Y PUMP NUMBER FLAG
CANOPY FABRICATOR GENERAL CONTRACTOR
B
C
J
1 A
VINYL DECAL
OYSTER
VINYL DECAL
OYSTER
SIDE FRONT
R ISLAND FORMS (12ga STAINLESS STEEL)
GRADE 304 RIVERSIDE STEEL OWNER GENERAL CONTRACTOR
X
E NOT USED
H LOGO - NON-ILLUMINATED (28'' H X 37 1/2 '' W) CUMMINGS SIGNS OWNER GENERAL CONTRACTOR A 4" BLACK VINYL DECAL (DISPENSER NUMBER)
OWNER GENERAL CONTRACTOR
B HEALTH AND SAFETY DECALS
WAYNE DISPENSER MANUFACTURER GENERAL CONTRACTOR
3"x3"x1/4" ACROSS PURLINS FURNISHED AND
INSTALLED BY CANOPY FABRICATOR
2"x2"x1/8" MOUNTING IRON FURNISHED WITH
AND INSTALLED BY SIGN CONTRACTOR
BRACKETS FURNISHED BY CANOPY FABRICATOR
1 1/2" x 1 1/2" x 1/8" ANGLE
MOUNTING IRON WITH 1/2"Ø THROUGH BOLTS
TO ANGLE WITH 1/2"Ø THROUGH BOLTS
SIGN CONTRACTOR TO BOLT SIGN CABINET
1"x3" ANGLE
BY CANOPY FABRICATOR
SIGN CONTRACTOR TO BOLT BRACKET TO
SIGN CABINET AND
CANOPY FASCIA
10.5 AND DECKING
POCKET IN
CANOPY FASCIA
CANOPY GUTTER
CANOPY DECK PANS
12"
CABINET
SIGN
CANOPY PURLIN
SIGN CABINET
CANOPY FASCIA BEYOND
SIGN CABINET
1 1/2"x1"x1/8" TO SIGN BOX TO CLOSE VERTICAL
GAP BETWEEN SIGN AND FASCIA. FASTEN WITH
#10x3/8" SELF TAPPING SCREWS @ 6" O.C. PAINTED
BLACK, SUPPLIED AND INSTALLED BY SIGN INSTALLER
SCALE: NONE
SECTION AT CANOPY SIGN5
SCALE: 1/2'' = 1'0''
DISPENSER ELEVATION
6 GENERAL NOTES:
KEYED NOTES:
A. CONTRACTOR SHALL SUBMIT: MASONRY, MORTAR AND PAINT SAMPLES TO FOOD 4 LESS CONSTRUCTION REPRESENTATIVE FOR APPROVAL PRIOR TO ORDERING MATERIALS.
B. PREMANUFACTURED CANOPY AND KIOSK PROVIDED BY OTHERS.
C. ALL ONSITE SIGNAGE UNDER SEPARATE PERMIT.
D. FUEL DISPENSERS SHALL COMPLY WITH ACCESSIBLE GUIDELINES.
E. NO EXTERNAL VISABLE DOWNSPOUTS ALLOWED. CANOPY DRAINS DOWN COLUMN AND TO STORM SEWER, RE:C3.1.
1. EMERGENCY STOP SWITCH. PROVIDE PLAQUE ADJACENT TO THE SWITCH "CALL 911 IN CASE OF AN EMERGENCY". ESO SWITCH TO BE NO CLOSER THAN 20' AND NOT FURTHER THAN 100' FROM ALL DISPENSING DEVICES.
2. PARAPET AT KIOSK TO BE TALL ENOUGH TO COMPLETELY CONCEAL ROOF MOUNTED MECHANICAL EQUIPMENT.
3. CANOPY LIGHTS SHALL BE FLUSH OR RECESSED.
4. ACM PANEL
5. VENEER PANEL, FULLERTON CASTWAL 8X16 SPLIT-FACE PATTERN PAINTED TO MATCH EXISTING WALL ON ADJOINING PROPERTY.
6. 3" INTERNAL ROOF DRAIN. PIPED TO STORM SEWER, RE:C3.1.
7. H.M DOOR AND FRAME, PAINTED.
8. PROVIDE MIN.12" HIGH W/2" STROKE BUILDING ADDRESS IN CONTRASTING COLOR TO WALL IN ACCORDANCE WITH MUNICIPALITY.
9. PROVIDE 4" MIN. NO SMOKING SIGNAGE IN ACCORDANCE ORDINANCE AND STATE REQUIREMENTS.
10. ELECTRIC SERVICE GEA, PAINTED.
11. 16" STEEL TUBE CANOPY COLUMN, PAINTED.
12. GLAZING FRAMING, CLEAR ANODIZED ALUMINUM.
COLOR/FINISH LEGEND:
ACM ALCOA REYNOBOND 'OYSTER'
STAINLESS STEEL METAL FORMS
NOT PAINTED
MATCH COLOR - SHERWIN WILLIAMS SW4081
"SAFETY RED"
MATCH COLOR - SHERWIN WILLIAMS SW7549 'STUDIO TAUPE'. VINYL 3M SERIES 7125 VINYL FILM #89 "SANDSTONE"
AA CALL BOX
OWNER GENERAL CONTRACTOR
BB EMERGENCY FUEL SHUTDOWN SIGN
GENERAL CONTRACTOR GENERAL CONTRACTOR
CC UNATTENDED WARNING SIGN
GENERAL CONTRACTOR GENERAL CONTRACTOR
#
A2.1
13'-0"
3'-6"
SCALE: 1/2"=1'-0"
CANOPY PRICE SIGN GRAPHICS7
DD EMERGENCY INSTRUCTION SIGN
GENERAL CONTRACTOR GENERAL CONTRACTOR
EE MERCHANDISER
OWNER GENERAL CONTRACTOR
FF SPILL CABINET
OWNER GENERAL CONTRACTOR
GG ICE MACHINE
OWNER GENERAL CONTRACTOR
NOTE: SEE SIGN PACKAGE BY OTHERS FOR SPECIFIC SIGN MEASUREMENTS. 3 OF 5
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·
·
·
·
B-X
B-X
A-6,8
+72"
GFI
B-XX
J
S
J
7'-4"
8'-8" 8'-8"
8'-8"8'-8"
7'-4"
2 C
1 B
2 C
1 B
2 C 1 B3 C2 C 3 C1 B
SUSTAINABILITYENGINEERINGGROUP
210729
BH
04/14/2022
RESUBMITTAL
THIS DRAWING IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF SUSTAINABILITY ENGINEERING GROUP, AND SHALL REMAIN THEIR PROPERTY. THE USE OF THIS DRAWING SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH IT IS PREPARED AND PUBLICATION THEREOF IS EXPRESSLY LIMITED TO SUCH USE. 8280 E. GELDING DRIVE SUITE 101, SCOTTSDALE, ARIZONA 85260 WWW. AZSEG.COM TEL. 480.588.7226 FAX 480.259.3534 BH
AF
04/14/2022
04/14/2022
04/14/2022
A2.2
TRASH ENCLOSURE
DETAILS
SCALE: 1/4"=1'-0"
SIDE ELEVATIONB3 SCALE: 1/4"=1'-0"
REAR ELEVATIONA3
SCALE: 1/4"=1'-0"
SIDE ELEVATIONB2 SCALE: 1/4"=1'-0"
FRONT ELEVATIONA2
SCALE: 1/4"=1'-0"
SECTIONB1 SCALE: 1/4"=1'-0"
TRASH ENCLOSURE FLOOR PLANA1
KEYED NOTES:
1. 2" CONCRETE CAP
2. STRUCTURAL CMU 8X16 SPLIT-FACE PATTERN PAINTED TO MATCH EXISTING WALL ON ADJOINING PROPERTY.
3. GATE DOOR, HINGE, HARDWARE AND FRAME, PAINTED.
COLOR/FINISH LEGEND:
MATCH COLOR - SHERWIN WILLIAMS SW7531 "CANVAS
TAN"
NOT USED
NOT USED
MATCH COLOR - SHERWIN WILLIAMS SW4081
"SAFETY RED"
MATCH COLOR - SHERWIN WILLIAMS SW7549 'STUDIO TAUPE'. VINYL 3M SERIES 7125 VINYL FILM #89 "SANDSTONE"
#
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Attachment: July 20, 2022 Planning Commission Staff Report and Attachments (3443 : Appeal CUP No. 21-016 Kroger) 25'
10'
43' CENTERLINE TO
PROPOSED NORTH ROW
33' TO PROPOSED
CURB AND GUTTER
10'
30' CENTERLINE TO
EXISTING NORTH ROW
13'10'
20'
EXISTING CURB
5'
9'
5'
7'
5'
10'30'
EX. EAST ROW
12'18'
EX. CURB
16'
21'-4"
8'
8'
10'
55' CENTERLINE TO
EXISTING WEST ROW
63' CENTERLINE TO
PROPOSED WEST ROW
40'
N89°56'49"E 252.67'
N0°22'34"E
100.01'
N89°56'34"E 145.13'
N89°56'34"E 204.77'
N0°03'26"W
13.00'
N0°22'34"E
96.91'
N44°48'39"E
35.51'
N0°26'07"E
99.65'
N42°45'22"E
33.85'
N42°45'22"E
20.44'
22 2
2 2 2
43' CENTERLINE TO
EXISTING CURB AND GUTTER
5'
PLANT LIST
PRELIMINARY
PLAN
L1.0
FAX (760) 777-9132
PH. (760) 777-9131
PALM DESERT, CA
SUITE 102
HERMANN
LIC# 2754
92211
EXP. 04/30/22
DESIGNGROUP
77-899 WOLF RD.
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City of Cathedral City
Public Hearing Notice
Notice of Availability for Public Review
and Environmental Determination
Notice is hereby given that the Cathedral City
Planning Commission will hold a Public
Hearing on the following:
CASE(S)
Conditional Use Permit No. 21-016
Kroger Fuel Station
APPLICANT/REPRESENTATIVE
Sage Victoria CC, LLC
Ralph Deppisch
PROPOSAL
Request to construct a 5 pump (10 vehicle fueling
positions) fuel station with a 174 square foot attendant kiosk within the PCC (Planned Community Commercial)
Zoning District and Specific Plan No. 90-43A.
LOCATION
Southeast Corner of Date Palm Dr. and Victoria Dr.
Assessor’s Parcel No. 673-172-001
ENVIRONMENTAL DETERMINATION
The Project is exempt from the California Environmental Quality Act (CEQA) per Section No. 15332, Class No.
32 (In-Fill Development Projects).
All information regarding th e proposed proje ct is
available for public review at the City of Cathedral City Civic Center, Planning Department , 68 -700 Avenida
Lalo Guerrero during regular business hours (Monday
through Friday, 8:00 AM - 4:30 PM).
DATE AND TIME OF HEARING
July 20, 2022 at 6:00 PM, or as soon thereafter as the
matter may be heard.
PLACE OF HEARING
Cathedral City Civic Center - Council Chamber
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Any person may appear at the hearing and be heard in
support of, or opposition to, or provide other testimony on the proposed project or e nvironmental
determination. In addition, persons may also subm it
written testim ony on the proposed project or
environmental determination, which must be received
by the Project Planner prior to the close of the public hearing. Information on how to observe and participate
in the hearing remotely will be published in the agenda for the July 20, 2022 Planning Commission meeting.
The Planning Commission, at the public hea ring or
during deliberations, may approve, deny, or propos e
changes to the project or to the environmental
determination.
If you challenge any of these items in court, you may
be limited to raising only those issues you or someone
else raised at the public hearing described in this
notice or in written correspondence.
For further information, contact the Project Planner at:
Robert Rodriguez, Director of Planning/Building
68-700 Avenida Lalo Guerrero
Cathedral City, California 92234
(760) 770-0344
NOTE: In complian ce with the Americans with
Disability Act, if you need sp ecial assistance to
participate in this meeting, please contact the Planning Department at (760) 770-0370. Notification 48 hours
prior to the m eeting will enable the City to make
reasonable accommodations to ensure accessibility to
this meeting. {28 CFR 35.104 ADA TITLE II}
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PLANNING COMMISSION
MINUTES
Regular Meeting
Wednesday, June 1, 2022
6:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Ralph Thompson, Chair
Elmer Diaz, Vice-Chair
Kevin Brandt, Commissioner
Craig Loe, Commissioner
Skye Daley, Commissioner
• CALL TO ORDER
The meeting was called to order at 6:00 PM by Chair Ralph Thompson Attendee Name Title Status
Ralph Thompson Chair Present
Elmer Diaz Vice-Chair Present
Skye Daley Commissioner Present
Kevin Brandt Commissioner Absent
Craig Loe Commissioner Present
• STAFF PRESENT
Melody Segura, Associate Planner
Brenda Ramirez, Associate Planner
Robert Rodriguez, Director of Planning and Building
John Corella, Director of Engineering/Public Works
Andrew Lee, Assistant Engineer
John Muhr, Fire Chief
Leila Moshref-Danesh, Assistant City Attorney
• CONFIRMATION OF AGENDA
No changes to the agenda.
1. APPROVAL OF MINUTES
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A. Minutes of April 20, 2022
A motion was made by Commissioner Loe and seconded by Vice Chair Diaz to approve the minutes of the April 20, 2022, with no changes.
RESULT: APPROVED [4 TO 0]
MOVER: Craig Loe, Commissioner
SECONDER: Elmer Diaz, Vice-Chair
AYES: Ralph Thompson, Elmer Diaz, Skye Daley, Craig Loe ABSENT: Kevin Brandt
2. PUBLIC COMMENTS
Denise Cross, Resident - Thanked Vice Chair Diaz for his tenure as a Planning Commissioner.
3. PUBLIC HEARING ITEMS
A. CASE NO.: Conditional Use Permit No. 21-016
APPLICANT: Sage Victoria CC, LLC, Ralph Deppisch
LOCATION: Southeast corner of Date Pal m Drive and Victoria Drive (APN: 673-172-001)
REQUEST: Request to construct a five pump (10 vehicle fueling positions) fuel station with a 174 square-foot attendant kiosk on a 0.65-acre site within the PCC (Planned
Community Commercial) Zoning District an d Specific
Plan 90-43A (hereinafter referred to as “Project”).
Public Comments:
Rich Malocaff, Applicant
Charles Cousar, Project Representative
Ali Fakih, Project Representative
George Ghossiain, Project Representative
Adrian Mojica, Cathedral City resident
Aratzi Pineda, Cathedral City resident
Rene Montez, Cathedral City resident
Topher MacDonald, Cathedral City resident
Esiquiel Escobar, Cathedral City resident
Diego Pineda, Cathedral City resident
Brad Anderson, Rancho Mirage resident
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Maria Montez, Cathedral City resident
Soraida, Cathedral City resident
Blanca Granados, Cathedral City resident
Julia Granados, Cathedral City resident
Melinda G., Cathedral City resident
Ana Rosa Vazquez, Cathedral City resident
Michael DeMarco, Cathedral City resident
A motion was made by Commissioner Loe and seconded by Vice Chair Diaz to continue the project to a date uncertain.
RESULT: CONTINUED TO A DATE UNCERTAIN [4 TO 0]
MOVER: Craig Loe, Commissioner
SECONDER: Elmer Diaz, Vice-Chair
AYES: Ralph Thompson, Elmer Diaz, Skye Daley, Craig Loe ABSENT: Kevin Brandt
4. COMMISSIONER'S COMMENTS
• Commissioner Daley: Stated to the public that their voices w ere heard and had an impact. He congratulated everyone that has been involved including the public and applicant for their p articipation in p roject. He noted that the previous item was a difficult topic, but the participation was great to see. • Vice Chair Diaz thanked the Planning Department, the community that came out to speak on the item , and the applicant. He stated that the city would work wit h everyone to ensure the project would work with the surrounding neighborhood that had a stake in it.
• Commissioner Loe thanked Vic e Chair Dia z for his service as a Planni ng Commissioner.
5. CITY ATTORNEY REPORT
No item to report.
6. CITY PLANNER REPORT
Staff announced to the audience that if they wanted more information on the public notice process, they could speak to one of the City Planners after the meeting.
Director of Engineering also introduced Andrew Lee, Assistant Engineer, to the Planning Commission.
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• ADJOURNMENT
The meeting was closed at 8:21 PM
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PLANNING COMMISSION
MINUTES
Regular Meeting
Wednesday, July 20, 2022
6:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Ralph Thompson, Chair
Skye Daley, Commissioner
Craig Loe, Commissioner
Danny Lee, Commissioner
• CALL TO ORDER
The meeting was called to order at 6:00 PM by Chair Ralph Thompson Attendee Name Title Status
Ralph Thompson Chair Present
Skye Daley Commissioner Present
Danny Lee Commissioner Present
Craig Loe Commissioner Present
• STAFF PRESENT
Melody Segura, Associate Planner
Brenda Ramirez, Associate Planner
Robert Rodriguez, Director of Planning and Building
John Corella, Director of Engineering/Public Works
Leila Moshref-Danesh, Assistant City Attorney
• CONFIRMATION OF AGENDA
No changes to the agenda.
1. ELECTION OF OFFICERS
A motion was made by Commissioner Loe to proceed with the Election of Officers due to items being of subsequent need and was seconded by Commissioner Lee.
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A. Election of Chair
A motion was made by Commissioner Lo e to nominate Commissioner Thompson as Chair and seconded by Commissioner Daley.
RESULT: APPROVED [3 TO 0]
MOVER: Craig Loe, Commissioner
SECONDER: Skye Daley, Commissioner
AYES: Craig Loe, Skye Daley, Danny Lee
ABSTAIN: Ralph Thompson
B. Election of Vice-Chair
A motion was made by Chair Thompson to nominate Commissioner Daley as Vice-Chair and seconded by Commissioner Loe.
RESULT: APPROVED [3 TO 0]
MOVER: Ralph Thompson, Chair
SECONDER: Craig Loe, Commissioner
AYES: Craig Loe, Ralph Thompson, Danny Lee
ABSTAIN: Skye Daley
2. APPROVAL OF MINUTES
A. Minutes of June 15, 2022
A motion was made by Chair Thompson and seconded by Commissioner Loe to continue the minutes of the June 15, 2022 Planning Commission to the next meeting.
RESULT: CONTINUED [4-0]
MOVER: Ralph Thompson, Chair
SECONDER: Craig Loe, Commissioner
AYES: Ralph Thompson, Skye Daley, Danny Lee, Craig Loe
3. PUBLIC COMMENTS
Brad Anderson, Resident of Rancho Mirage
Dorian Whitney, Cathedral City resident:
4. PUBLIC HEARING ITEMS
A. CASE NO.: Conditional Use Permit No. 21-016
APPLICANT: Sage Victoria CC, LLC, Ralph Deppisch
LOCATION: Southeast corner of Date Palm Drive and Victoria
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Drive (APN: 673-172-001)
REQUEST: Approval of a Conditional Use Permit to construct a five pump (10 vehicle fueling positions) fuel station
with a 174 sq uare-foot attendant kiosk on a 0.65-acre
site within the PCC (Planned Community Commercial)
Zoning District and Specific Plan 90-43A (hereinafter
referred to as “Project”).
Public Comments:
Tara Bravo, Project Representative
Ralph Deppish, Project Representative
Rusty Cousar, Project Representative
Angel Cardenas, City resident Adrian Mojica, City resident Julia Granados, City resident Topher MacDonald, City resident Blanca Dolores, City resident Ma Dolores Gutierrez, City resident Blanca Granados, City resident Abba Maksimus, La Quinta resident Danielle Mead, City resident Melinda G., City resident Michael DeMarco, City resident
Hans Maksimous, La Quinta resident
Dorian Whitney, City resident
Brad Anderson, Rancho Mirage resident
A motion was made by Chair Th ompson and seconded by Vice Chair Daley to deny CUP 21 -016 subject to the Project not meeting findings numbered 2, 3, 4, and 5 contained in the staff report and directed staff to prepare a resolution.
RESULT: DENY [4-0]
MOVER: Ralph Thompson, Chair
SECONDER: Skye Daley, Commissioner
AYES: Ralph Thompson, Skye Daley, Danny Lee, Craig Loe
B. CASE NO.: Conditional Use Permit No. 96-220A
APPLICANT: CCBC Vacation Club, Richard Altman
LOCATION: 68300 Gay Resort Drive (APN: 687-094-001)
REQUEST: Approval to amend a Conditional Use Permit to
convert an existing 44 -unit hotel into a timehare use within the DRN (Downtown Residential Neighborhood)
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Zoning District (hereinafter referred to as “Project”).
A motion was made Vice Chair Daley and seconded by C ommissioner Loe to conti nue CUP 96-220A to the August 17, 2022 Planning Commission Meeting at the request of the applicant.
RESULT: CONTINUED TO AUGUST 17, 2022 [4-0]
MOVER: Skye Daley, Commissioner
SECONDER: Craig Loe, Commissioner
AYES: Ralph Thompson, Skye Daley, Danny Lee, Craig Loe
C. CASE NO.: Zone Ordinance Amendment No. 22-002, Change of Zone No. 21-001
APPLICANT: City of Cathedral City
LOCATION: Citywide
REQUEST: That the Planning Commission adopt a resolution recommending that the City Council adopt Zone
Ordinance Amendment No. 22 -002 and Change of
Zone No. 21 -001; amendments associated with the
adoption of the General Plan and Housing Element
Updates and other minor text amendments to Title 9
(Planning and Zoning)
A motion was made by Chair Thompson and second ed by Vice Chair Daley to adopt a resolution recommending that the City Council adopt Zone Ordinance Amendment No. 22-002 and Change of Zone No. 21 -001 and amendments associated with the adoption of the General Plan and Housing Element Updates and other mi nor text amendments to Title 9 ( Planning and Zoning) with the addition of inserting the definition of STVR to Title 9 and adding STVR as a permitted use to 9.24.030 RR Zone and prohibiting STVRs in 9.14.040 and 9.16.040 (R1 and R2 Zone).
RESULT: APPROVED [3 TO 0]
MOVER: Ralph Thompson, Chair
SECONDER: Skye Daley, Commissioner
AYES: Ralph Thompson, Skye Daley, Danny Lee
ABSTAIN: Craig Loe
5. COMMISSIONER'S COMMENTS
• Chair Thompson commended staff and the City Attorney for weathering the lengthy meeting.
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• Vice Chair Daley congratulated Chair Thompson on his reappointment and is honored to take the Vice Chair role.
6. CITY ATTORNEY REPORT
No item to report.
7. CITY PLANNER REPORT
No item to report.
• ADJOURNMENT
The meeting was closed at 9:56 PM
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PLANNING COMMISSION
MINUTES
Regular Meeting
Wednesday, August 3, 2022
6:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Ralph Thompson, Chair
Skye Daley, Commissioner
Craig Loe, Commissioner
Danny Lee, Commissioner
• CALL TO ORDER
The meeting was called to order at 6:50 PM by Chair Ralph Thompson Attendee Name Title Status
Ralph Thompson Chair Present
Skye Daley Commissioner Present
Danny Lee Commissioner Present
Craig Loe Commissioner Present
• STAFF PRESENT
Melody Segura, Associate Planner
Brenda Ramirez, Associate Planner
John Corella, Director of Engineering/Public Works
Robert Rodriguez, Director of Planning and Building
John Muhr, Fire Chief
Leila Moshref-Danesh, Assistant City Attorney
• CONFIRMATION OF AGENDA
No changes to the agenda.
1. APPROVAL OF MINUTES
A. Minutes of June 15, 2022
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A motion was made by Commissioner Loe and seconded by Vice-Chair Daley to approve the minutes of the June 15, 2022 Planning Commission meeting.
RESULT: APPROVED [3 TO 0]
MOVER: Craig Loe, Commissioner
SECONDER: Skye Daley, Commissioner
AYES: Ralph Thompson, Skye Daley, Craig Loe
ABSTAIN: Danny Lee
B. Minutes of July 20, 2022
A motion was made by Commissioner Lee and seconded by Commissioner Loe to approve the m eeting minutes of July 20, 2022 with an amendment to the motion of Item C to include the following language "and bring a timeline for completion of Title 9 to the next Planning Commission meeting." RESULT: APPROVED AS AMENDED [4 TO 0]
MOVER: Danny Lee, Commissioner
SECONDER: Craig Loe, Commissioner
AYES: Ralph Thompson, Skye Daley, Danny Lee, Craig Loe
2. PUBLIC COMMENTS
No public comments.
3. NON-PUBLIC HEARING ITEMS
A. CASE NO.: Conditional Use Permit No. 21-016
APPLICANT: Sage Victoria CC, LLC, Ralph Deppisch
LOCATION: Southeast corner of Date Palm Drive and Victoria Drive (APN: 673-172-001)
REQUEST: Approve a resolution denying Conditional Use Permit No. 21-016.
A motion was made by Commissioner Loe and seconded by Vice- Chair Daley to approve a resolution denying Conditional Use Permit No. 21-016.
RESULT: APPROVED [4 TO 0]
MOVER: Craig Loe, Commissioner
SECONDER: Skye Daley, Commissioner
AYES: Ralph Thompson, Skye Daley, Danny Lee, Craig Loe
4. PUBLIC HEARING ITEMS
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A. CASE NO.: Cathedral Cove Center
Planned Unit Development No. 21-001
Tentative Parcel Map No. 37876
Conditional Use Permit No. 21-006 (Building 1)
Conditional Use Permit No. 21-007 (Building 3)
Conditional Use Permit No. 21-008 (Building 4)
Conditional Use Permit No. 21-009 (Building 5)
Design Review No. 21-001 (Building 2)
Design Review No. 21-002 (Building 6)
Design Review No. 21-003 (Building 7)
Zone Ordinance Amendment No. 21-001
Master Sign Program No. 22-019
APPLICANT: Fountainhead Shrugged, LLC/Francis Chu
LOCATION: Southwest corner of Date Palm Dr. and East Palm Canyon Dr.
(Assessor’s Parcel Nos. 674-500-038, 687-500-001, -
003, -006 through -012, -014 and -018 through -020,
and 687-207-003 and -006)
REQUEST: To develop a mix of commercial and residential uses, including res taurants, retail, a convenience market
and fueling station, and future multi -family residential on approximately 13.93 acres.
Public Comments:
Craig Smith, Applicant
Francis Chu, Applicant
Phil Goodge (comment read into record)
Erik Christianson (comment read into record)
Sue Townsley, City resident
Stephen Burchard, City resident
Peter B. City resident
Shelley Kaplan (comment read into record)
Topher MacDonald, City resident
Carlota Escobar, City resident
A motion was made by Com missioner Loe and seconded by Chair Thompson to have the Planning Commission adopt a resolution recommending that the City Council take the following actions: adopt the Mitigated Negative Declaration and associated
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Mitigation Monitoring and Reporting Progr am (MMRP); adopt Zone Ordinance Amendment No. 21- 001 making certain textual changes to Chapter 9.31, Mixed Use Commercial, of the Municipal Code based on the findings and conclusions in the staff report; adopt Planned Unit Development No. 21- 001, Tentative Parcel Map No. 37876, and Design Review Nos. 21- 001, 21- 002 and 21- 003 based on the findings and conclusions in this staff report and subject to the attached Conditions of Approval modified in section 3.1 insuring that the conditions of approval preserve vehicular access and p arking for the building located at 68783 E. Palm Canyon Drive; Approve Conditional Use Permit Nos. 21- 006, 21-007, 21-008 and 21-009 based on the findings and conclusions of this staff report and subject to the attached Conditions of Approval and dinal adoption of Zone Ordinance Amendment No. 21- 001; and adopt Master Sign Program No. 22- 019 based on the findings and conclusions of this staff report and subject to the attached Conditions of Approval. Vice-Chair Daley abstained from voting.
RESULT: APPROVED AS AMENDED [3 TO 0]
MOVER: Craig Loe, Commissioner
SECONDER: Ralph Thompson, Chair
AYES: Ralph Thompson, Danny Lee, Craig Loe
ABSTAIN: Skye Daley
5. COMMISSIONER'S COMMENTS
• Chair Thompson asked the Commission if they would entertain reviewing the City's municipal code guidance on landscape requirements and use of palm trees. He asked staff to add a study session item on the next Planning Commission agenda to review the landscape requirements. • Commission Daley as ked the City Attorney if he could comment on the previously approved item.
6. CITY ATTORNEY REPORT
No items to report.
7. CITY PLANNER REPORT
• Chair Thompson asked staff if they knew when the City Council would select a new Planning Commissioner to fill th e vacancy. Staff responded that the Council will be interviewing candidates at the August 24th City Council meeting. • Staff commented they would send the Commissioners the documents used for landscape guidance in advance of the requested study session. • ADJOURNMENT
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Attachment: Planning Commission Minutes - 8.03.2022 (3443 : Appeal CUP No. 21-016 Kroger) Cathedral City Page 5 Printed on 8/11/2022
The meeting was closed at 8:21 PM.
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Attachment: Planning Commission Minutes - 8.03.2022 (3443 : Appeal CUP No. 21-016 Kroger)
Cathedral City Page 1 of 2 Printed on 10/10/2022
Staff Report
City Council
Item No. 7.A
Meeting Date: October 12, 2022
From: Charles McClendon, City Manager
Title: Sign Toppers for Ocotillo Square Neighborhood
City Council
RECOMMENDATION:
Approve the installation of 21 sign toppers in the Ocotillo Square neighborhood at a total cost of $5,455 to be paid from Council district improvement funds and authorize the waiver of the sign topper application fee and staff report preparation fee.
BACKGROUND:
Councilmember Nancy Ross reports that it has been her goal for some time to offer to the majority minority neighborhood in District 2 opportunities to elevate their surroundings by elevating the environment. Councilmember Ross proposes to do this by installing sign toppers within the neighborhood boundaries.
DISCUSSION:
Councilmember Ross has identified that the neighborhood in question is known today by several names, The Mile or The Square Mile or the South City but that no formal name has ever been attributed to the neighborhood . She suggests th at one way to elevate the neighborhood is by adopting a formal name and then by installing sign toppers sharing that name with all that see it. Doing this will give a sense of place, helping to foster a real feeling of community by neighborhood branding.
To make sure this is something the residents want and to comply with the adopted city policy regarding sign toppers Councilmember Ross took the following steps:
1. In April of 2022, Councilmember Ross and volunteers walked the neighborhood, speaking to residents and placing the attached flyers at each house inviting them to two different neighborhood meet ings at Ocotillo Park. The two dates were Thursday April 21st and Saturday May 7th. The flyers were printed double sided and in two languages.
2. During the m eetings Councilmember Ross provided a bi -lingual questionnaire asking attendees if they would like a recognizable name for the neighborhood and if so, what they thought the best name would be.
3. Additionally, during the meetings neighbors were asked what they thought of sign toppers in their neighborhood and if they saw community value in this.
Councilmember Ross provided examples of sign toppers from other cities and
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asked them to share their favorite one or two . Based on the comments received Ocotillo Square was the favorite.
4. Councilmember Ross then had two mock-ups done for what a sign topper might look like using the two favorites from the meetings.
5. She then took the samples to the Public Arts Commission to ask them to weigh in on the artwork and to share what their thoughts were for a proposed sign topper.
They unanimously preferred the blue one, which is the recommended design.
6. On October 1 CM Ross hired students from the Cathedral City High School Choir to walk the neighborhood in teams, each with a chap erone, knocking on doors and asking if having these sign toppers in the neighborhood is something they would support or if they would prefer not to have any.
a. 191 people supported the idea
b. 6 people did not; and
c. 167 people were either not home, behind a gate (which there were 65 and some represented apartment complexes), had a no trespassing sign or a beware of dog sign. The students were asked to avoid each of those homes.
7. Attached is a map of the neighborhood. CM Ross is seeking Council authorization to install 21 sign toppers, of which 18 are in District 2 district and 3 are in District 1. CM Ross indicated that Mayor Pro Tem Lamb, who represents District 1, is aware that three of the toppers are in District 1.
As required by the Sign Topper policy, the ap plication and supporting documents were submitted to Engineering and Public Works for review and to the City Manager. Staff review determined that the application, supporting documents and neighborhood consensus building efforts meet the intent of the Sign Topper policy.
FISCAL IMPACT:
The total cost to manufacture and install the 21 sign toppers is $5,455. Of this amount $4,690 will be paid from Councilmember Ross’ district improvement funds and $765 will be paid from Mayor Pro Tem Rita Lamb’s district i mprovement funds. Councilmember Ross is requesting that the Council authorize the waiver of the application fee of $194 and the staff report preparation fee of $209.
ATTACHMENTS:
Street Sign Topper Application- Councilmember Ross
Neighborhood Meet-up- Councilmember Ross
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City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade "Toppers"
INSTRUCTI ONS AND APPLICATION
The City approval process for street, neighborhood and/or district identification "Toppers" outlined in this application covers only those signs to be placed above a City maintained street name blade assembly that is installed within the public right-of-way.
Understanding the Process
The following outlines the City's street, neighborhood and/or district Topper permitting , review and approval process . All Toppers will be subject to City Council final approval.
1. DESIGNATE THE BOUNDARIES OF THE STREET , NEIGHBORHOOD AND/OR
DISTRICT INTENDED TO RECEIVE TOPPERS
• Individuals and/or groups requesting to designate a street, a neighborhood and/or district using a single or multiple Toppers are responsible for identifying the street, neighborhood and/or district boundaries where the Topper(s) are proposed to be placed . This determination is the first step in the process and needs to be completed well before making the initial Topper application with the City. Topper applicants must confer with the residents/businesses of the designated area through a public consultation process and must be able to demonstrate consensus amongst all involved and affected via a petition or questionnaire. • Street/neighborhood/district boundaries need to reflect at least one of the following conditions:
a location of a historically or culturally significant person , an area of unique architecture or historic significance; a commercial district ; a ceremonial purpose ( such as a parade route, festival area, major sporting event course , etc.); an established neighborhood whether a specific subdivision or a zoning district ; a City identified district. • Applicants must furnish a map of the area to be designated using Toppers , locations of the proposed Toppers and the quantities requested. The map needs to clearly illustrate street/neighborhood and/or district boundaries and significant features , including subdivision boundaries.
2. NAMES ON THE TOPPERS FOR THE STREET , NEIGHBORHOOD AND/OR DISTRICT • Names for street, neighborhoods and/or districts Toppers shall be unique , distinctive and clearly associated to the area that it is intended to represent. • Names on Toppers should convey a sense of place and community and should celebrate the distinguishing characteristics of the street, neighborhood and/ or district. • Names on Toppers should be understandable , recognizable and explainable to the citizens of the community.
3. STREET , NEIGHBORHOOD AND/OR DISTRICT TOPPER SPECIFICATIONS • Maximum Topper sign blade dimensions are 26" wide and 12" tall. (The City will only authorize a maximum of one topper assembly per street name blade sign pole .) • Toppers will be constructed of 0.100" thick sheet aluminum with anti-fading/graffiti coating . 1 7.A.a
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Attachment: Street Sign Topper Application- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square Neighborhood) City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade "Toppers"
INSTRUCTIONS AND APPLICATION
• Text on Toppers will be legible for pedestrians and vehicular traffic. • Toppers can only be used to identify a street, neighborhood and/or district as previously stated.
Toppers cannot be used for purposes of commercial advertising, the promotion of any type of negative message or the promotion of date specific events. • Graphics and wording on the Toppers are subject to review and recommendation for approval by the City of Cathedral City Public Works Department, the Engineering Department ' s Traffic Division and the City Manager prior to forwarding to City Council. • The City Council will make the final determination if the Topper is appropriate and if consensus amongst all involved and affected has been achieved. • Applicants are responsible for proposing Topper locations and, if approved, pay the fee for the fabrication and installation of each Topper by the City in accordance with the requirements within this application and payment of the applicable fees on a per Topper basis. Toppers will only be ordered and installed by the City of Cathedral City.
4. COMPLETE AND SUBMIT THE STREET, NEIGHBORHOOD AND/OR DISTRICT
TOPPER APPLICATION
• Submit completed Topper applications to the Cathedral City Public Works Department. The Public Works Department will review the application for conformance with the requirements of this policy prior to forwarding to the Engineering Department's Traffic Division and City Manager. The City of Cathedral City reserves the right to refuse approval of an application for any reason.
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Attachment: Street Sign Topper Application- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square Neighborhood) City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade "Toppers"
INSTRUCTIONS AND APPLICATION
Application for Street, Neighborhood and/or District Toppers Submit completed applications to:
City of Cathedral City
Public Works Department
Attn: Public Works Manager
68-700 A venida Lalo Guerrero
Cathedral City CA 92234
CONTACT INFORMATION
Name of Street, Neighborhood and/or District to be identified for the toppers:
f ·~ "Dt4t;{ /f lV-U ,
Is the area to be identified using top~ part of an established street, neighborhood , subdivision , or commercial/business district? ),,2(. 1 es D No
Name of Person(s) Responsible for Appl~ :
W-un MAA-½1~ _Pllk!f Jf ~
Full mailing addre ss - City, State , Zip Code
Email:
l}¼s 5 ~ ~f,1~ al C V07 w
Phone:
700- ?};2 --;?-:}-3;L
List phone number(s) where you can be reached during normal business hours Message to Appear on Proposed Topper:
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Attachment: Street Sign Topper Application- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square Neighborhood) City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade "Toppers"
INSTRUCTIONS AND APPLICATION
Map showing the street, neighborhood and/or district boundaries and the location of the existing street name sign blade poles where sign Toppers are proposed:
Sketch in this space and/or attach a map that clearly illustrates boundary limits and note all locations where Toppers are proposed 4 7.A.a
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Attachment: Street Sign Topper Application- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square Neighborhood) City of Cathedral City
Street, Neighborhood and/or District Identification Street Sign Blade "Toppers"
INSTRUCTIONS AND APPLICATION
• $194.00 nonrefundable fee required when submitting this Topper application for City review.
If the topper application is recommended for City Council approval by City Staff, the Applicant will pay the following fees before being presented to the City Council :
• A $209.00 Topper Staff Report preparation fee.
If the topper receives approval from the City Council, the Applicant will pay the following fees:
• $100.00 graphics preparation fee. Single fee is applicable for one topper or multiple identically named toppers.
• $175.00 fee for the fabrication of each topper, installation hardware and delivery to the City.
• $80.00 fee for installation labor and equipment for each topper.
Once fees are paid, Toppers become the property of the City of Cathedral City. The City of Cathedral City reserves the right to remove Toppers for any reason, including but not limited to, Toppers that are damaged, faded or otherwise no longer serve their originally intended purpose.
The City of Cathedral City is not responsible to maintain Toppers and is not responsible for their replacement if they are missing , damaged or destroyed . Applicants may pay fees for replacement Toppers for the City to install if maintenance and/or replacement is necessary. The fees to fabricate and install a replacement Topper is the same as the fee to install a new Topper.
Note: City Council reserves the right to make exceptions to this Topper Policy for signage and/or recognitions in conjunction with established student naming programs, school Topper programs, the Facility Naming Policy and any other overlapping naming recognition programs . 5 7.A.a
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Attachment: Street Sign Topper Application- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square Neighborhood)
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Attachment: Street Sign Topper Application- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square Neighborhood) Locations for the 21 street signs
Locations of signs will be two blocks apart and alternate side of same streets
1. Southeast corner of Cathedral Canyon and Ramon
2. South side of Aurora Vista and Ramon
3. Southwest corner of Ramon and Date Palm
4. East side of Cathedral Canyon and Corral
5. East side of Cathedral Canyon and 33rd
6. East side of Cathedral Canyon and Ortega
7. East side of Cathedral Canyon and Dinah Shore
8. North side of Dinah Shore and Via Altamira
9. Northwest side of Dinah Shore and Date Palm
10. North West side of Canyon Vista Corral
11. South West side of Aurora Vista and Corral
12. North West side of Cielo Vista and Corral
13. South West side of Date Palm and Corral
14. Southwest side of Canyon Vista and 33rd
15. Southwest side of Aurora Vista and 33rd
16. Southwest side of Cielo Vista and 33rd
17. Northwest side of 33rd and Date Palm
18. North East corner of Moreno and Ocotillo Road
19. South West corner of De Anza Rd. and Ortega Road
20. Northwest corner of Ortega and Date Palm
21. North East corner of De Anza and Olancha
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Attachment: Street Sign Topper Application- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square Neighborhood)
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Attachment: Street Sign Topper Application- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square Neighborhood) i-_
.,,
Join
Councilmember Nancy Ross
and
Representatives from Police, Fire, and City Administration fo[a
NEIGHBORHOOD MEET-UP
Thursday, April 21st
9:00am
ocoturo:Parf<
Shelter Area
BE DISCUSSED aturday, ~•Y 7th
33300 Moteno 'Road
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No reservations needed, just come on either date and participate. ---am
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Attachment: Neighborhood Meet-up- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square 1-_
j\\
Acompalie a fa
Concejal Nancy Ross
y
Representantes del departamento
de policra, bomberos, y la _c1~ministraci6n de la ciudad Par.a-una
REUNION DEL VECINDARIO
ju_,,~., 21 d• abrD
9:oo•m
Parque Ocotillo
Area. de Refugio
33300 Moreno Rd.
·Tem•·---~ lnstalad&tde ~--~do>
etpansfc5rHfet~ ae:Recreid6n·del'~
Nombramiento de los vec::indarlos d• cathedral_, City
Asuntos lmportantes para usted
'6bado.J.~r.~,~ , .. ,...... . . .am
:ParqU•Cc.«lllo
Area de Refugio
33300 Moreno Rd~
No es necesario reservar, simplemente venga en cualquier fecha y participe.
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Attachment: Neighborhood Meet-up- Councilmember Ross (3445 : Sign Toppers for Ocotillo Square
Cathedral City Page 1 of 3 Printed on 10/10/2022
Staff Report
City Council
Item No. 7.B
Meeting Date: October 12, 2022
From: Tami Scott, Administrative Services Director
Title: Contract for Facilities Services and Master Plan
City Council
RECOMMENDATION:
Approve a multi -year contract for Faci lities Services in an amount not to exceed $247,000 with MAAS Companies Inc resulting in a General Fund budget amendment in FY 2022-2023 of $75,000. The remaining to be incorporated during the biennial budget process for FY 2024/2025.
BACKGROUND:
On January 22, 2022, the City Council held a Planning and Goal Setting Workshop to establish the City’s 2022 priorities. On February 16, 2022, the City Council adopted Resolution 2022-09, to memorialize the priorities discussed in the goal setting session.
As described in the resolution, many of the goals identified by the City Council can be achieved with existing resources, however, in those cases where additional resources are required, the staff would present City Council with options via the budget amendment process. As it relates to the Facilities Department, the priority was to develop and adopt a Facilities Master Plan.
A year ago, our Facilities Superintendent announced his retirement, now postponed and scheduled for October 28, 2022. The city has benefited greatly from a 24-year Facilities Superintendent, who knows the buildings, their sophistication/nuances, with a knowledge base of keeping these assets in good condition in the most cost -effective way possible, especially given the city’s financial struggles over that same time period.
The downside, we have had limited staffing and administrative resources for many years as a backfill for this experience, but also to be proactive in the planning and development of a long-term facilities master plan, which includes several components.
DISCUSSION:
Not only identified as part of the goal setting but an element to the city’s 5 -year strategic plan, to move forward with the development of a Facilities Master Plan, several steps will need to be accomplished:
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• Facilities Condition Assessment (FCA) – Inspect all facilities and building systems to establish a complete inventory and condition assessment to determine deficiencies, replacement costs and risk of failure. • Based on the FCA develop a comprehensive Def erred Maintenance program to identify asset replacements and system renewals and the associated costs. • Facilities Management Plan to develop strategies for maintaining facilities through preventative maintenance, implementing deferred maintenance projects to eliminate the risk of failure, and establishing benchmarks for performance improvement.
While seeing the challenges in today’s job market as well as evaluating city needs, condition of our facilities, 24 -hour response to support police and fire operatio ns, gaps in resources and expertise to meet certain demands, staff has explored the various professional service companies and consultants to accomplish the completion of a Facilities Master Plan. Discussions have taken place with several Facilities Servic es companies that specialize in various aspects of Facilities Management and the corresponding disciplines required to maintain public facilities with the experience of preparing a Facilities Master Plan with these required components. Such discussions have occurred with companies as Alpha Facilities Solutions, Source America, Integrated Facilities Services, Facilities Maintenance USA, Shine Facilities Services, Spectrum Facility Maintenance, and MAAS Companies Inc. The only company which responded with a proposal was MAAS, predominantly due to inadequate staffing and resources available in the Coachella Valley. MAAS is currently doing business in the Coachella Valley with the resources to meet the needs of the city.
Founded in 1987 in Riverside County, MA AS has been serving public entities throughout California for over 35 years. Locally, MAAS has been managing facilities and project management for College of the Desert’s bond -financed facilities construction projects for near 20 years. MAAS provides compr ehensive facilities services, including master planning, staff augmentation and consulting. From comprehensive Program, Project, Facilities and Construction Management services to Facilities IT specialists that have developed Facilities management software . MAAS team includes program and project managers with degrees and/or licenses/certifications in Architecture, Engineering, Interior Design, Construction and Facilities Management and all project delivery methods.
Although the attached proposal outlines two phases, at this time we are recommending we move forward with phase I only, consisting of the following:
Phase I
Develop a comprehensive overview for all City -owned buildings and systems. Plan will include preventative maintenance; asset management; long-term life cycle planning; capital improvements; and estimated associated costs.
Initially, complete:
• Facilities Condition Assessment (FCA) – Inspect all facilities and building systems to establish a complete inventory and condition assessment t o determine deficiencies, replacement costs and risk of failure.
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MAAS will use the data provided from the Facilities Condition Assessment (FCA) to develop a comprehensive plan to include:
• Preventative Maintenance (PM)
Identify current practices and schedule of PM activities Evaluate current practices and identify gaps or additional work required Create annual schedules for performing PM work to prevent unexpected equipment failure
Identify current staff or vendors to perform PM work
• Deferred Maintenance
Based on the FCA develop a comprehensive Deferred Maintenance program to identify asset replacements and system renewals and the associated costs.
• Current Management Practices Assessment
Document detailed data for each City -owned facility and curr ent best practices.
FISCAL IMPACT:
Schedule to complete Phase I is approximately 14 -16 months in the amount of $247,000.
FISCAL YEAR
BUDGET
AMENDMENT AMOUNT ACCOUNT NUMBER
2022-2023 General Fund $ 75,000 100-400-480-8600-8601
2023-2024 General Fund $ 172,000 100-400-480-8600-8601
ATTACHMENTS:
Cathedral City Proposal - 09.28.2022
Services Agreement - MAAS Companies Inc Final
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PROPOSAL
CATHEDRAL CITY | FACILITY MANAGEMENT SERVICES
Submitted By:
MAAS Companies Inc.
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Attachment: Cathedral City Proposal - 09.28.2022 (3372 : Contract for Facilities Master Plan with MAAS Companies Inc.)
P A G E | 1
September 28, 2022
To: Tami E. Scott, MBA
Administrative Services Director
City of Cathedral City
It is with great interest that we submit our response to you for consideration for Managing your Facilities Department at the City of Cathedral City, City Offices. MAAS Companies, Inc. (MAAS) believes we are uniquely suited to provide management services f or Cathedral City. Our firm possesses the breadth of resources to offer the strongest team possible. Our company is comprised of talented professionals with a zealous dedication to our clients.
MAAS has been successfully serving clients throughout Califor nia for over 35 years. Our firm was founded in 1987 in Riverside County and has had the opportunity to partner with various public entities across the State since that time. Our firm provides comprehensive services as well as staff augmentation and consult ing. Our approach is rooted in developing long term partnerships and adapting our services to be “right sized” to meet each client’s unique needs. In 2013 MAAS became a fully employee owned (ESOP) Company. Our values reflect a culture of ownership as each employee of MAAS is an Owner and has a personal interest in the success of each of our projects.
We are passionate about the work we do, and the impact we are able to make on communities.
Our knowledge and unique personal approach are the result of more than 35 years in the Industry of Project and Construction Management. The skillset and fanatical focus of our staff, especially when coupled with our proprietary software, are unmatched. You cannot find a richer culture of integrity, superb value, knowledge, and technology in one group. From comprehensive Program, Project and Construction Management services to project management software, MAAS has a legacy of dedication to project excellence. Our team of Professionals are experienced in all project delivery methods. With degrees and/or licenses in Architecture, Engineering, Construction Management and Finance we are your secret weapon to keep your facilities department running at its best.
MAAS is committed to working collaboratively and transparently as a trusted partner, conscientious steward, and advocate for the success of the City’s projects. We look forward to the opportunity to partner with you and the City of Cathedral City.
Sincerely,
Lori Maas-O’Keefe
President – MAAS Companies, Inc.
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Attachment: Cathedral City Proposal - 09.28.2022 (3372 : Contract for Facilities Master Plan with MAAS Companies Inc.)
P A G E | 2
Scope of Work
Our plan for developing Faculties Master Plan, Policies and Procedures, Managing Projects and assistance with system automation projects is listed below is proposed to be done in two phases:
PHASE I
FACILITIES MASTER PLAN
Develop a comprehensive overview for all City -owned buildings and systems . Plan will include preventative maintenance; asset management; long -term life cycle planning; capital improvements; and estimated associated costs.
Initially, complete:
• Facilities Condition Assessment (FCA) – Inspect all facilities and building systems to establish a complete inventory and condition assessment to determine deficiencies, replacement costs and risk of failure.
MAAS will use the data provided from the Facilities Condition Assessment (FCA) to develop a comprehensive plan to include:
• Preventative Maintenance (PM)
Identify current practices and schedule of PM activities Evaluate current practices and identify gaps or additional work required Create annual schedules for performing PM work to prevent unexpected equipment failure Identify current staff or vendors to perform PM work
• Deferred Maintenance
Based on the FCA develop a comprehensive Deferred Maintenance program to identify asset replacements and system renewals and the associated costs.
• Current Management Practices Assessment
Document detailed data for each City-owned facility and current best practices.
Schedule to complete Phase I is approximately 14-16 months in the amount of $247,000.
PHASE II – to be completed on a time and material basis should the city move forward.
POLICIES AND PROCEDURES
Coordinate with City Administration to develop policies and procedures for City-owned facilities. Proposed policies may include:
• Facilities Space Modification Requests – Develop a comprehensive process for submitting requests, project feasibility, cost estimates for improvements, code compliance, architectural review, and approval process.
• Facilities Policy on Performing Work – Develop a policy to clearly define the requirements for performing work on city-owned facilities to ensure work is done by experienced or licensed professionals to perform work . Also, ensure work is contracted in accordance with City
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Attachment: Cathedral City Proposal - 09.28.2022 (3372 : Contract for Facilities Master Plan with MAAS Companies Inc.)
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policies, State of Califor nia requirements and registered with the Department of Industrial Relations.
• Facilities Services Responsibilities – Develop a policy statement to clearly define the role of Facilities to educate end users. Policy to include typical work performed, work ord er submissions, replacement cycle for interiors, etc.
AUTOMATION PROJECTS
MAAS will develop an RFP to include a scope of work and qualifications for potential vendors for automation projects . Qualified vendors will be screened and provide d to the City for their consideration and final approval . MAAS will coordinate with the successful vendor for installation, testing and training for all new systems. As requested, t his work to be performed on a time and material basis.
• Systems automation to be evaluated for cooling towers, generators, Fountain of Life, and other facilities systems as identified by the City.
• Facilities Work Order System to assist with work order management, processing, and data archiving.
MANAGING PROJECT BIDDING AND AWARD PROCESS
• Manage the bidding and awarding process to include advertising projects; conducting pre- bid conference, job walks and bid openings; award contracts to successful bidder.
Schedule of Rates
Additional Services Hourly Rate
Principal in Charge $185.00
Project Manager $165.00
Scheduler $135.00
Estimator $135.00
Project Engineer $125.00
FSP Financial Management Software (Project Manager) $165.00 Admin Support TBD $ 85.00
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Attachment: Cathedral City Proposal - 09.28.2022 (3372 : Contract for Facilities Master Plan with MAAS Companies Inc.)
P A G E | 4
•
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Attachment: Cathedral City Proposal - 09.28.2022 (3372 : Contract for Facilities Master Plan with MAAS Companies Inc.) - 1 -
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
MASS Companies, Inc.
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2022 by and between the City of Cathedral City, a municipal corporation (“City”) and MAAS Companied Ince a California Corporation (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the pro visions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three years commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE.
Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule; the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
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Attachment: Services Agreement - MAAS Companies Inc Final (3372 : Contract for Facilities Master Plan with MAAS Companies Inc.) - 2 -
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and i n writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed two hundred and forty seven thousand dollars ($247,000) per year, on a time and materials basis, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in s ubsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor’s work under t his Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any
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of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photog raphs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the
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request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.
Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and aga inst any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
(a) Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum,
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generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance o r performance criteria, the specific standard or criteria shall prevail over the general. (b) Contractor warrants that (1) it has thoroughly investigated and considered the work to be performed, (2) it has investigated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and
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should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this A greement, independently involved in the performance of non -related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non - related services for other governmental agencies and private Parties following the completion of the Services un der this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section. (d) City may determine that Contractor must disclose its financial interests by completing and filing a Fair Political Practices Commissio n Form 700, Statement of Economic Interests. If such a determination is made, Contractor shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk within ten (10) days of the request.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employ ees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatorie s or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
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(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a l awsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys ’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employe es or sub contractors of Contractor, in the performance of professional services under this Agreement. Notwithstanding the foregoing, to the extent that the Consultant’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by Civil Code Section 2782.8.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (inc luding liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in
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whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to off icers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that intere st, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledge s, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and
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subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City.
Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alter native, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termi nation of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods,
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epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Clerk
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Contractor: MAAS Companies Inc
ATTN: Mac McGinnis, VP
18575 Jamboree Rd. Suite 600
Irvine, CA 92612
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the City of Cathedral City Municipal Code and its adopted policies and procedures.
SECTION 27. BINDING EFFECT.
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This Agreement shall be binding upon the heirs, exe cutors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the City Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violatio n of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
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SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict wit h the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]
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CITY OF CATHEDRAL CITY
___________________________
Charlie McClendon
City Manager
ATTEST:
___________________________
Tracey R. Martinez
City Clerk
APPROVED AS TO FORM
_______________________________
Eric Vail
City Attorney
MAAS Companies, Inc.
____
________________
________________
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A-1
EXHIBIT "A"
SCOPE OF SERVICES
Scope of Work
Our plan for developing Faculties Ma ster Plan, Policies and Procedures, Managing Projects and assistance with system automation projects is listed below is proposed to be done in two phases:
PHASE I
FACILITIES MASTER PLAN
Develop a comprehensive overview for all City -owned buildings and systems. Plan will include preventative maintenance; asset management; long -term life cycle planning; capital improvements; and estimated associated costs.
Initially, complete:
• Facilities Condition Assessment (FCA) – Inspect all facilities and building systems to establish a complete inventory and condition assessment to determine deficiencies, replacement costs and risk of failure.
MAAS will use the data provided from the Facilities Condition Assessment (FCA) to develop a comprehensive plan to include:
• Preventative Maintenance (PM)
Identify current practices and schedule of PM activities Evaluate current practices and identify gaps or additional work required Create annual schedules for performing PM work to prevent unexpected equipment failure
Identify current staff or vendors to perform PM work
• Deferred Maintenance
Based on the FCA develop a comprehensive Deferred Maintenance program to identify asset replacements and system renewals and the associated costs.
• Current Management Practices Assessment
Document detailed data for each City-owned facility and current best practices.
Schedule to complete Phase I is approximately 14-16 months in the amount of $247,000.
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EXHIBIT "B"
COMPENSATION
(a) The total compensation, including reimbursement for actual expenses, shall not exceed two hundred and fifty thousand dollars ($2 47,000) per year for a period of three years, on a time and materials basis, unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
Additional Services
Hourly
Rate
Principal in Charge $185.00
Project Manager $165.00
Scheduler $135.00
Estimator $135.00
Project Engineer $125.00
FSP Financial Management Software (Project Manager) $165.00 Admin Support TBD $ 85.00
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EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect thro ughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance . Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Auto mobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.
(3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of S tate of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement.
(4) Professional Liability . Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance . Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile. $1,000,000 per ac cident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of
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not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence.
(4) Professional Liability. $1,000,000 per occurrence.
B. Other Provisions . Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return re ceipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages.
(1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
(2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or s elf-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance.
(3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policie s, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensatio n Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation
7.B.b
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
7.B.b
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Cathedral City Page 1 of 1 Printed on 10/10/2022
Staff Report
City Council
Item No. 7.C
Meeting Date: October 12, 2022
From: Charles McClendon, City Manager
Title: Update on Emergency Actions Related to COVID-19
City Council
RECOMMENDATION:
Update on Status of Emergency Proclamation. Possibl e action to continue or rescind Resolution 2020-06.
Update on Emergency Actions taken by City, County, State of Federal Agencies.
Possible consideration of additional measures to be taken. Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.
7.C
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