CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, November 9, 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. OATH OF OFFICE - Michael Contreras, Fire Chief
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 Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public Cathedral City P a g e 2
comment or may reque st 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 req uest 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 - Oct 26, 2022 3:00 PM
2. City Council - Regular Meeting - Oct 26, 2022 5:30 PM C. Resolution of Intention (ROI) to Establish Improvement Area (IA) No. 15 - CFD NO. 2006-01
Recommendation: Adopt a Resolution of Intention (ROI) to establish Improvement Area #15 - CFD NO. 2006-01, and setting the public hearing date for December 14, 2022.
D. CDBG Professional Consulting Services Agreement Extension with The Ramsay Group
Recommendation: City Council approve a one-year Professional Consulting Services Agreement with provisions for two one-year
extensions with The Ramsay Group in the amount not to
exceed $50,000 per year to provide Community
Development Block Grant (CDBG) administrative support
services for the CDBG program; and, authorize the City
Manager to execute the agreement.
E. Resolution Designating Holidays Cathedral City Public Offices Shall be Closed for Calendar Year 2023
Recommendation: To adopt a Resolution of the City Council of the City of Cathedral City, California, Designating Holidays on which City Public Offices Shall be Closed for Calendar Year 2023.
5. ITEMS PULLED FROM CONSENT
6. PUBLIC HEARINGS
7. LEGISLATIVE ACTIONS
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A. First Reading of an Ordinance Adding Chapter 8.62 (Historic Preservation) to the Cathedral City Municipal Code
Recommendation: To introduce and provide first reading for an Ordinance, and waive reading beyond the title, adding Chapter 8.62 -
Historic Preservation - to the Cathedral City Municipal Code.
B. 2022 Building and Fire Codes Adoption
Recommendation: 1) Introduce and provide first reading, by title only (waiving further reading), of an ordinance adopting the 2022 editions of the California Building and Fire Codes with the requisite findings in support of local additions and amendments to the codes; and
2) Schedule a public hearing date of November 30, 2022 to consider adoption of the ordinance pursuant to Government Code Section 50022.3.
C. Award of Design Professional Services Agreement between the City with HR Green for Date Palm Drive Pavement Rehabilitation Project (City Project No. C08840)
Recommendation: To approve a Design Professional Services Agreement with HR Green Inc. for the design and preparation of bid ready construction documents for the Date Palm Drive Pavement Rehabilitation Project (Project No. C08840) in the not to exceed amount of $241,443; and authorize the City Manager to execute the agreement; and, authorize the Director of Engineering/Public Works to execute a Task Order in the amount not to exceed $10,000 for “On-Call” material testing and geotechnical services related to the project; and
authorize a budget amendment in the amount of $251,443
from available FY 2022/2023 Maintenance of Effort (MOE) funds for the completion of the design work.
D. Proposal with Verde Design for Second Street Dog Park Conceptual Plan
Recommendation: To approve a proposal with Verde Design, Inc. in the amount of $13,340 for a Conceptual Design Plan for the Second
Street Dog Park; and, authorize the Director of
Engineering/Public Works to execute the proposal.
E. Award of a Professional Services Agreement with NCE Inc. for the development of a Cathedral City Pavement Management Program Recommendation: To approve a Professional Services Agreement with NCE, Inc., to prepare and develop a Cathedral City Pavement
Management Program, in a not-to-exceed amount of
$76,143.00; and authorize the City Manager to execute all required contract documents.
F. Update on Emergency Actions Related to COVID-19
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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 Americ ans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.
If you desire to address the City Council during the meetin g, 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 addition, such documents will be posted on the City’s website at www.cathedralcity.gov.
CITY COUNCIL
MINUTES
Study Session
Wednesday, October 26, 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
Deputy City Attorney Algeria Ford announced that the City Council will meet in Closed Session to discuss the following items listed on the agenda.
A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees:
CCPMA - Cathedral City Police Management Association
The City Council recessed to Closed Session at 3:00 p.m.
The City Council reconvened at 3:25 p.m.
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Deputy City Attorney Algeria Ford announced that the City Council met in Closed Session to discuss item 1A. Conference with Labor Negotiator and CCPMA - Cathedral City Police Management Association. There was no reportable action taken.
2. PUBLIC COMMENT
There were no members of the public that wished to speak.
3. STUDY SESSION
A. Scope of Work for Thousand Palms Fiscal Analysis
Recommendation: This item is presented for information, discussion and direction only.
City Manager Charles McC lendon provided an overview of the 2018 Thousand Palms Fiscal Analysis that was presented to the City Council during Study Session meeting of August 24, 2022, and Council's direction. He presented the proposed "Scope of Work" for a new Thousand Palms Fiscal Analysis for Council discussion, which included the following items:
▪ Prepare a work program for an annexation study that contemplates one or more alternative annexation scenarios.
▪ Review existing related documents.
▪ Review and analy ze the study a rea’s natural environmental features and constraints.
▪ Review and analyze current and potential land uses and zoning designations.
▪ Review potential facility and service needs for the study area. ▪ Prepare a financial assessment of projecte d revenues and expenses and the effect on City operations, public services and infrastructure for various annexation scenarios and including the identified service delivery alternatives.
▪ Assess and advise , regarding existing and pending policies, regulat ions, and laws that may benefit or impair expansion.
▪ Provide community outreach, as needed, during the term of the study to respond to inquiries and inform the public.
▪ Prepare the fiscal analysis report to include recommendations with regard to the City’s potential boundary expansion.
▪ Present findings and recommendations to the City Council.
After discussion it was the consensus of the City Council to direct staff to move forward with the Request for Proposal (RFP) process as recommended by staff.
B. Fall 2022 Special Events Preview
Recommendation: To inform the City Council about Cathedral City's Fall 2022 special events.
Ryan Hunt, Communications and Events Manager, provided an overview on the 2022 Fall Events. The following points where presented:
• Coachella Valley's Battle in the Desert
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• Sammy's International Meatball Festival
• 4th Annual Tejano Music Fest
• Cathedral City Spooktacular
• East Palm Canyon Banner Program
• Palm Springs Pride Parade
• Hot Air Balloon Festival
• North Pole Village and Holiday Tree Lighting
• Winter/Spring Preview
This item was for information and direction only, there was no formal action taken by the City Council.
ADJOURN
Mayor Ernesto Gutierrez adjourned the Study Session at 4:12 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City
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CITY COUNCIL
MINUTES
Regular Meeting
Wednesday, October 26, 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 Raymond Gregory offered a moment of reflection. • 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
There were no changes to the agenda.
1. PUBLIC COMMENT
Rick Saldivar d iscussed some of the community cleanup projects his church is involved in.
Jesse Borrega, CCPD POA President, expressed his concern with comments made by the Mayor. He stated that the CCPD POA is asking residents of District 4 to vote no on the Mayor's reelection. They endorsed candidate Rick Saldivar.
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Scott Robinson, Cathedral City Boys and Girls Club, presented plaques to City Manager and the Mayor for their participation in Sammy's Meatball Festival.
Martha Vistica expressed her concern with the smea r campaign against the Mayor.
She also expressed her concern with an incident she had with the Police Department.
Bill Wright, Developer, expressed his concern with the process to complete a project in the City and asked for help with his pending approvals.
2. COUNCIL REPORTS
Mayor Pro Tem Rita Lamb reported that she participated in the PSUSD Racial Equity and Diversity Conference and gave a shout out to the Cathedral City High School folklorico dancers for their performance. She reported that she attende d the Monster Shakes’ grand opening, the North Lake Pilot Restoration Project, the Cathedral City Senior Center event with Congressman Ruiz, Dinner with Patsi at Nicolino's, and College of the Desert’s State of the College. She announced that Noon Rotary w ill be recognizing Terry Applegate and Officer Gavin Smith at their upcoming Hero's Dinner.
Councilmember Mark Carnevale reported that he attended the Monster Shakes’ grand opening, CVEP seminar, the Senior Center event with Congressman Ruiz, College of the Desert’s State of the College, and Dinner with Patsi. He reported that he spoke with some cannabis industry representatives and hopes we can do something to help them out . He also reported that he along with Stone James, Economic Development Director, will be meeting with developers to discuss the North City area. He reported that he will be attending a Noon Rotary luncheon, Tejano Music Festival, and Spooktacular. He also reported that he , along with Councilmember Ross , attended a zoom meeting with Gre g Rodriguez from the County of Riverside to discuss housing for the un -housed. He gave a shout out to Officer Brooks and Officer Powers for their assistance with the homeless.
Councilmember Nancy Ross reported that this is her last month with the Housin g Leadership Academy. She provided a summary of the meetings and appointments she took on an array of topics. She reported on an interaction she had with an upset constituent. She gave a shoutout to Councilmember Gregory for the signs he provided around th e City related to Measure K, and hopes everyone votes yes on Measure K.
Councilmember Raymond Gregory reported that he has been dealing with a personal matter with his mother and he thanked everyone for their well wishes. He reported that he attended the ERICA Board meeting, the Equality California Awards, the Coachella Valley Volunteers in Medicine fundraiser, the Brothers in the Desert Candidate Conversation, and the Riverside County Transportation Commission Budget and Implementation Committee meeting. He reminded everyone of the upcoming Fall events. He encouraged everyone to research and vote in the upcoming election. He acknowledged Actor Leslie Jordan who passed away.
Mayor Ernesto Gutierrez reported that he attended a meeting for an introduction to the Angel Force U.S.A. organization. He reported that he attended his weekly
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update meeting with City Manager Charles McClendon. He reported that he has been very busy doing personal things and speaking with residents. He provided some feedback he recei ved from residents related to speeding, noise and code enforcement issues within the City , which he hopes the City can address. He also announced the upcoming city events.
3. CONSENT AGENDA
A motion was made by Councilmember Carnevale and seconded by Mayo r Pro Tem Lamb to approve the following Consent Agenda items:
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A. Waive Full Reading of Ordinances on Agenda
M.O. 2022-177
B. Minutes Approval
M.O. 2022-178
1. City Council - Study Session - Oct 12, 2022 2:30 PM
2. City Council - Regular Meeting - Oct 12, 2022 5:30 PM C. Receive and File Payment of Claims and Demands for September 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 $6,068,910 for the month of September 2022.
M.O. 2022-179
D. Conditional Use Permit No. 21-016
Recommendation: 1. Find that the proposed project is Categorically Exempt under Section No.15332, (Class No. 32, In-Fill
Development Projects) of the State CEQA Guidelines; and
2. Approve Resolution No. 2022-_____ making findings
in support of the City Council's decision to reverse the decision of the Planning Commission and approve
Conditional Use Permit No. 21-016.
Reso 2022-50
E. Approve a Resolution Adopting a Records Retention Schedule authorizing the destruction of certain City records
Recommendation: To approve a Resolution of the City Council adopting a Records Retention Schedule authorizing the destruction
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of certain City Records and repealing Resolution No.
2015-44 and approve a Resolution of the City Council
serving as the Board for the Successor Agency to the
Redevelopment Agency rescinding Resolution SA-2015-
02 in its entirety.
Reso 2022-51
SA 2022-01
F. Resolution to Authorize the City Manager, or designee, to submit applications for CalRecycle grants and payment programs Recommendation: To adopt a resolution authorizing submittal of application(s) to CalRecycle for grant and payment programs and
authorize the City Manager, or his designee, to execute all documents necessary to implement and secure payments.
Reso 2022-52
G. Notice of Completion for Capital Improvement Projects: Century Park Neighborhood Rehabilitation (CIP No. C08663), Sarah Street Pavement Rehabilitation (CIP No. C08512), and Avenida Los Niños Surface Widening (CIP No. C08513)
Recommendation: For the City Council to accept and approve the following capital improvement projects: Century Park Neighborhood Rehabilitation (C08663), Sarah Street Pavement
Rehabilitation (C08512), and Avenida Los Niños Surface
Widening (C08513), as complete; and, authorize the City Manager to execute and file a Notice of Completion with the Riverside County Recorder's office on behalf of the City Council; and, authorize the release of retention funds to Matich Corporation (Matich) upon expiration of the Notice of Completion.
M.O. 2022-180
4. ITEMS PULLED FROM CONSENT
5. PUBLIC HEARINGS
6. LEGISLATIVE ACTIONS
A. Gift of Drone Show
Recommendation: To accept a gift in the amount of $50,000 from Grizzly Entertainment for a drone light show at the Cathedral City Hot Air Balloon Festival.
M.O. 2022-181
A motion was made by Councilmember Carnevale and seconded by Councilmember Gregory t o accept a gift in the amount of $50,000 from Grizzly Entertainment for a drone light show at the Cathedral City Hot Air Balloon Festival.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Panorama Park Renovation Project
Recommendation: Authorize the City Manager to execute the documents required for the purchase and installation of two (2) USA Shade & Fabric Structures, Inc. shade structures to cover the playground equipment at Panorama Park in the amount of $172,559.98; and, authorize the Director of
Engineering/Public Works to execute all required quotes and proposals for the labor and materials to complete the
Panorama Park Renovation Project including picnic tables, benches, and grills in the amount of $43,523.20 and the repair and refresh of the soft surfacing in the amount of $18,984.00, respectively, for a project total of $258,573.90, which includes a 10% contingency for unforeseen
construction related expenses all to be funded from FY
2021-22 and 22-23 Parks Improvement and Maintenance
Plan, Environmental Conservation Fund 246 and current FY Park Maintenance Budget 100-8301.
M.O. 2022-182
A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tem Lamb to a uthorize the City Manager to execute the documents required for the purchase and installation of two (2) USA Shade & Fabric Structures, Inc. shade structures to cover the playground equipment at Panorama Park in the amount of $172,559.98; and , authorize the Director of Engineering/Public Works to execute all required quotes and proposals for the labor and materials to complete the Panorama Park Renovation Project including picnic tables, benches, and grills in the amount of $43,523.20 and the repair and refresh of th e soft surfacing in the am ount of $18,984.00, respectively, for a project total of $258,573.90, which includes a 10% contingency for unforeseen construction related expenses all to be funded from FY 2021 -22 and 22 -23 Parks Improvement and Maintenance Plan, Environmental Conservation Fund 246 and current FY Park Maintenance Budget 100-8301.
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
C. Greater Coachella Valley Chamber of Commerce Fiscal Year 2022/2023 Service Agreement
Recommendation: Approve the Greater Coachella Valley Chamber of Commerce Service Provider Agreement for a total of
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$30,000 for the fiscal year, Exhibit “A” Scope of Services, and Exhibit “B” Payment Program for FY22/23; and
authorize the City Manager to execute the Agreement.
Richard Altman stated that the Greater Coachella Valley Chamber of Commerce Board has new members with a new direction. He expressed their willingness to work with the City and urged the Ci ty Council to approve the proposed agreement.
Diane Soto, Interim CEO for Greater Coachella Valley Chamber of Commerce, provided her background and stated that the Chamber is working on the issues and they are being proactive. Sh e expressed their willingn ess to work with the City.
Jo Beth Prudhomme, Sales Manager Greater Cochella Valley Chamber of Commerce, she expressed her excitement about the direction the City is going.
She feels she has a lot of creative ideas and is looking forward to working with the City.
Shelley Kaplan, Greater Coachella Valley Chamber of Commerce, stated that the Chamber has gone through a transition and is revitalizing itself. He expressed the importance of the Chamber and their willingness to work wi th the City. He urged the City Council to approve the proposed agreement.
After discussion the City Council expressed their concerns and would like to work with the Chamber on conditions for the proposed agreement.
A motion was made by Councilmember Greg ory and seconded by Councilmember Ross to table this item to no longer than 60 days to allow a subcommittee, appointed by Mayor, to work with members of the Greater Coachella Valley Chamber of Commerce on conditions for the proposed agreement.
Mayor Gutierrez appointed Councilmember Ross and Councilmember Carnevale to sit on a subcommittee to work with members of the Greater Coachella Valley Chamber of Commerce.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
D. 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.
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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 emerg ency actions related to COVID -19 and Monkeypox. He continues to monitor the data from Riverside County and does not recommend any action at this time.
Councilmember Raymond Gregory requested the staff update the Council on the data related to Monkeypox a nd Respiratory Syncytial Virus Infection (RSV) on future agendas.
7. DISCUSSION ON FUTURE AGENDA ITEMS
Mayor Pro Tem Lamb requested that staff provide a presentation on the Diversity, Equity and Inclusiveness efforts of the City.
It was the consensus of the City Council to agendize an item at a future meeting for staff to provide a presentation on the Diversity, Equity and Inclusiveness efforts of the City.
8. CLOSED SESSION
ADJOURN
Mayor Ernesto Gutierrez adjourned the Regular Meeting at 7:15 p.m.
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: November 9, 2022
From: Kevin Biersack, Accounting Services Manager
Title: Resolution of Intention (ROI) to Establish Improvement Area (IA) No. 15 - CFD NO. 2006-01
City Council
RECOMMENDATION:
Adopt a Resolution of Intention (ROI) to establish Improvement Area #15 - CFD NO. 2006-01, and setting the public hearing date for December 14, 2022.
BACKGROUND:
In 2006, the City Council formed a citywide Community Facilities District (“CFD 2006 -1”) to pay for additional law enforcement, fire, paramedic, park maintenance and general services within areas of new development. A study was completed by David Taussig & Associates, Inc. to determine appropriate annual special tax rates mitigating the fiscal impact on the General Fund for the services proposed to be provided. In the event where there would be State budget cuts, CFD 2006 -1 provides a secure source of funding, at the local level, that cannot be taken away by State actions.
DISCUSSION:
New d evelopments, with more than four equivalent dwelling units, are conditioned to join CFD 2006 -1 through an annexation process. CFD 2006 -1 annexations are processed as new developments and are required to complete the Community Development Department’s appro val process. The property owner for the new development project, Escena 52 single family homes, has filed a petition (including consent and waiver) requesting the institution of proceedings for the formation of Improvement Area (“IA”) No. 15, within existi ng CFD 2006 -1, which complies with the requirements of Section 53318(b) of the Mello -Roos Community Facilities Act of 1982 (“ACT”).
In accordance with the provisions of the Act, and specifically Sections 53326(a) and 53327(b) which allows for certain ti me and to conduct requirements relative to a special property owner election, the property owner has expressly waived the following:
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• Any requirement to have the special election conducted within the time periods specified in Section 53326 of the Act or in the California Elections Code. • Any requirement for the mailing of the ballot for the special election; and agrees the election may be conducted by mail or hand -delivered ballot to be returned to the City Clerk; and, requests the results of said election be canvassed and reported to the City Council at the public hearing on the formation of IA No. 15. • All applicable waiting periods for the election and the requirement for analysis and arguments relating to the special election, as set forth in Section 5332 7 of the Act.
• All notice requirements relating to hearings and special elections, whether by posting, publishing or mailing, and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. • Any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws o f the State and any and all laws and requirements incorporated therein, and
• No step or action in any proceeding relative to IA No. 15, or the special election shall, be invalidated or affected by any such irregularity, error, mistake or departure.
A comp onent of the Petition and Waiver is a map of proposed IA No.15, entitled “Proposed Boundaries of Improvement Area No. 15 of Community Facilities District No. 2006-1 of the City of Cathedral City”, which is also on file in the office of the City Clerk and attached for reference. The original map will be filed in the City Clerk’s office and, within fifteen (15) days after the adoption by City Council, a copy of such map so endorsed will be filed in the records of the County Recorder, County of Riverside, Stat e of California.
Once approved, the Resolution of Intention (“Resolution”) will commence the formation process for the property described in the Petition. The Resolution will set a Public Hearing for January 2022 regarding the proposed formation. An elec tion will be held following the public hearing. At that time, the landowners within the CFD IA No. 15 will vote on the levy of special taxes on their property within the CFD.
An Exhibit to the Resolution, is the Rate and Method of Apportionment (“RMA”). This is an analysis of the special tax to allow each property owner or resident, within the proposed district, to understand the annual amount that would be required for payment.
The RMA, which reflects the special taxes to be levied within CFD IA No. 15, is noted in Table 1 below:
TABLE 1
Maximum Special Tax for Developed Property
For Fiscal Year 2022-2023
Improvement Area No. 15
Land Use Class Description Maximum Special Tax
1 Residential $ 656.31 per Equivalent Dwelling Unit
2 Non-Retail Commercial/Industrial Property $0.1541 per SF of Floor Area
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FISCAL IMPACT:
The proposed project is residential therefore, as identified in Table 1, the rate for Land Use Class of Residential, per Equivalent Dwelling Unit (“EDU”) for Fiscal Year (“FY”) 2022-2023, is $656.31. The Non-Retail Commercial/Industrial Property special tax is not applicable. This special tax increases (but does not decrease) by the percentage change in the Consumer Price Index, not to exceed one percent (1%) per Fiscal Year.
The pro posed IA No. 15, Escena 52, will generate annual revenue in the amount of $34,128.12.
ATTACHMENTS:
CC SERVICES CFD 2006-1 (IA 15) - PETITION AND WAIVER
CC SERVICES CFD 2006-1 (IA 15) - RESOLUTION OF INTENTION Final RMA CFD 2006-1 IA 15 01
Cathedral City CFD 2006-1 IA 15 Boundary Map
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Attachment: CC SERVICES CFD 2006-1 (IA 15) - PETITION AND WAIVER (3471 : Resolution of Intention (ROI) to Establish Improvement Area
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Attachment: CC SERVICES CFD 2006-1 (IA 15) - PETITION AND WAIVER (3471 : Resolution of Intention (ROI) to Establish Improvement Area RESOLUTION NO. _____
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY TO ESTABLISH IMPROVEMENT AREA NO. 15
OF THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES
DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE , PARAMEDIC,
PARK MAINTENANC E AND GENERAL SERVICES) AND TO
AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN SAID
IMPROVEMENT AREA
WHEREAS, the City Council (the “Council”) of the City of Cathedral City (the “City”) has received a petition (including consent and waiver) ( “Petition”) requesting the institution of proceedings for formation of Improvement Area (“IA”) 15, within the existing Community Facilities Di strict ( “CFD 2006-1”), pursuant to the Mello-Roos Community Facilities Act of 1982 (“ACT”), as amended, commencing with Section 53311 of the Government Code of the State of California; and
WHEREAS, the Council has determined the Petition complies with the requirements of Section 53318(b) of the Act and now intends to form the CFD; and WHEREAS, the Council intends to finance (1) police protection services, (2) fire protection, (3) paramedic serv ices, (4) park maintenance services and ( 5) general services in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services already avai lable within the territory proposed to be included in the CFD through the formation of the CFD subject to the levy of a special tax to pay for such services, being approved at an election to be held within the boundaries of the CFD; and
WHEREAS, the Counci l intends to provide for the annexation in th e future of territory (the “Future Annexation Area”) to the CFD pursuant to the terms and provisions of the Act,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The Council hereby determines to institute proce edings fo r the formation of a comm unity facilities district under the terms of the Act. The exterior boundaries of the community facilities district are hereby specified and described to be as shown on th e certain map now on file in the office of the City Clerk en titled “Proposed Boundari es of Improvement Area No. 15 of Community Facilities District No. 2006-1 of the City of Cathedral City ,” which map indicates by a boundary line the extent of the territory incl uded in the proposed community facilities dis trict and shall govern for all det ails as to the extent of the CFD. On the original and one copy of the map of such CFD on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen ( 15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of Riverside, State of California.
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Attachment: CC SERVICES CFD 2006-1 (IA 15) - RESOLUTION OF INTENTION Final (3471 : Resolution of Intention (ROI) to Establish 2 Section 2. The Future Annexat ion Area, which area is to be subject to a special tax to be levied, shall be comprised of undeveloped parcels within the boundaries of the City, other than those parcels alread y within the boundaries of the proposed CFD, requiring a discretionary approval for development, which are developed for non-retail commercial purposes, and such other parcels as may be added upon the petition of the property owners thereof. Such Future A nnexation Area may be annexed only with the u nanimous approval of the owner or owners of each parcel or parcels at the time the parcel or parcels are annexed.
Section 3. The name of the proposed community facilities district shall be “Improvement Area No. 15 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement , Fire , Paramedic, Park Maintenance and General Services).”
Section 4. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance wi th procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance a portion of the cost of providing law enforcement, fire and paramedic services in addition to those provided in the territory within the CFD prior to the formation of the CFD and do not supplant services alrea dy available withi n the territory proposed to be included in the CFD , the costs of administering the levy and collection of the Special Tax and all other costs of the levy of the Special Tax, including any forec losure proceedings, legal, fiscal, and financ ial consultant fees, election costs, and al l other administrative costs of the tax levy. The Special Tax will be secured by recordation of a continuing lien against all real property in the proposed CFD. The s chedule of the rate and method of apportionme nt and manner of c ollection of the Special Tax is described in detail in Exhibit “A” attached hereto and by this reference incorporated herein.
The Special Tax is apportioned to each parcel on the foregoing basi s pursuant to Section 53325.3 of the Act.
The schedule of the r ate and m ethod of apporti onment of special taxes with respect to any Future Annexation Area may be different than the rate and method of apportionment of special taxes with respect to the CFD.
Section 5. A public hearing (the “Hearing”) on the estab lishment of the CF D and the proposed rate and method of apportionment of the Special Tax shall be held on December 14, 2022, at 5:30 o’clock p.m., or as soon thereafter as practicable, at the chambers of the Cit y Council of the City of Cathedral City , 68700 Avenida Lalo Guerrero, Cathedral City, California 92234.
Section 6. At the time and place set forth above for the hearing, any interested person, including all persons owning lands or registered to vote within the propos ed CFD, may appear and be heard.
Section 7. Each City off icer who is or wil l be responsible for the CFD, if it is established, is hereby directed to study the proposed CFD and, at or before the time of the above -mentioned Hearing, file a report with the City Council, and which is to be made a part of the record of the Hearing, co ntaining a brief descrip tion of the CFD and
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Attachment: CC SERVICES CFD 2006-1 (IA 15) - RESOLUTION OF INTENTION Final (3471 : Resolution of Intention (ROI) to Establish 3 his or her estimate of the cost of providing additional law enforcement, fire and paramedic services within the boundary of the CFD. The City Manag er is directed to estimate the fair and reason able cost of all i ncidental expenses, incl uding all costs associated with the creation of the CFD , determination of the amount of any special taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the City with respect to the CFD.
Section 8. The City may accept advances of funds from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized pu rpose, including any cost incurred by the City in creating the C FD.
The City may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of s uch funds advanced if the levy of the Special Tax shall be approved by the qualified electors of the CFD.
Section 9. The City Clerk is hereby directed to publish a notice (“Notice”) of the Hearing pursua nt to Section 6061 of the Government Code in a newspaper of general circulation publishe d in the area of the proposed CFD. Such Notice shall contain the text of this Resolution, state the time and place of the Hearing, a statement the testimony of all int erested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed CFD as provided in Section 53324 of the Act and a description of the proposed voting procedure for the election required by the Act. Such publication shall be comple ted at least 7 day s prior to the date of the Hearing.
Section 10. The voting procedure with respect to the establishment of the CFD and the imposition of the special tax shall be by hand delivered or mailed ballot election.
PASSED, APPROVED AND ADOPTED this ________ day of ______________, 2022, by the following vote:
AYES:
NOES:
ABSET:
ABSTAIN:
MAYOR
ATTEST:
CITY CLERK
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Attachment: CC SERVICES CFD 2006-1 (IA 15) - RESOLUTION OF INTENTION Final (3471 : Resolution of Intention (ROI) to Establish
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
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Attachment: CC SERVICES CFD 2006-1 (IA 15) - RESOLUTION OF INTENTION Final (3471 : Resolution of Intention (ROI) to Establish City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 1
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA NO. 15 OF
COMMUNITY FACILITIES DISTRICT NO. 2006-1
(ESCENA 52)
OF THE CITY OF CATHEDRAL CITY
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in Improvement Area No. 15 (“IA No. 15”) of Community Facilities District No. 2006-1 of the City of Cathedral City ("CFD No. 2006-1") and collected each Fiscal Year commencing in Fiscal Year 2022-2023, in an amount determined by the Council through the application of the appropriate Special Tax for "Developed Property" as described below. All of the real property in IA No. 15, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre" or "Acreage" means the land area of an Ass essor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of IA No. 15 : the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or bo th); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, IA No. 15 or any designee thereof of complying with City or IA No. 15 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, IA No. 15 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or IA No. 15 for any other administrative purposes of IA No. 15, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for the annual administration of IA No. 15 as provided herein.
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Attachment: RMA CFD 2006-1 IA 15 01 (3471 : Resolution of Intention (ROI) to Establish Improvement Area (IA) No. 15 - CFD NO. 2006-01) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 2
"CFD No. 2006-1" means Community Facilities District No. 2006-1 of the City.
"City" means the City of Cathedral City.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles - Anaheim - Riverside Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the City of Los Angeles.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2006-1.
"County" means the County of Riverside.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued after March 1, 2021 and prior to May 1 of the previous Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Floor Area" for any Non -Residential Property means the total square footage of the building(s) located on such property, measured from outside wall to outside wall, exclusive of overhangs, porches, patios, carports, or similar spaces attached to the building but generally open on at least two sides. The determination of Floor Area shall be made by reference to the building permit(s) issued for such Assessor’s Parcel.
"Improvement Area No. 15" means Improvement Area No. 15 of CFD No. 2006-1 (Escena 52), as identified on the boundary map for CFD No. 2006-1.
"Land Use Class" means any of the classes listed in Table 1.
"Maximum Special Tax" means the Maximum Special Tax, determined in accordance with Section C.1 below, which can be levied in any Fiscal Year on any Assessor’s Parcel.
"Non-Residential Property" means all Assessor’s Parcels for which a building permit(s) was issued for a non-residential use.
"Non-Retail Commercial/Industrial Property" means all Assessor’s Parcels of Developed Property that are considered Non -Residential Property and that are not Retail Commercial Property.
"Property Owner Association Property" means, for each Fiscal Year, any Assessor’s Parcel within the boundaries of IA No. 15 that was owned by or irrevocably offered for
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Attachment: RMA CFD 2006-1 IA 15 01 (3471 : Resolution of Intention (ROI) to Establish Improvement Area (IA) No. 15 - CFD NO. 2006-01) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 3
dedication to a property owner association, including any master or sub -association, as of January 1 of the previous Fiscal Year.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of IA No. 15 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; or (ii) any property within the boundaries of IA No. 15 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Retail Commercial Property" means all Assessor’s Parcels of Non -Residential Property for which the building permit was issued for a retail sales tax generating use or which is being used primarily for a retail sales tax generating use, as determined by the CFD Administrator. However, if the land use of an Assessor’s Parcel changes and such Assessor’s Parcel no longer generates retail sales tax, such Assessor’s Parcel shall no longer be considered Retail Commercial Proper ty and shall be classified and taxed according to its use, as determined by the CFD Administrator.
"Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of IA No. 15 which are not exempt from the Special Tax pursuant to law or Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classi fied as Developed Property.
"Welfare Exemption" means, for each Fiscal Year, any Assessor's Parcel that is used exclusively for charitable, hospital, or religious purposes and that has a property tax welfare exemption as indicated in the County’s assessor’s roll finalized as of the last preceding January 1.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within IA No. 15 shall be classified as Developed Property or Undeveloped Property and shall be subject to Special Taxes in accordance
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Attachment: RMA CFD 2006-1 IA 15 01 (3471 : Resolution of Intention (ROI) to Establish Improvement Area (IA) No. 15 - CFD NO. 2006-01) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 4
with the rate and method of apportionment determined pursuant to Section C.
Residential Property shall be assigned to Land Use Class 1. Non-Retail Commercial/Industrial Property shall be assigned to Land Use Class 2.
C. MAXIMUM SPECIAL TAX
1. Developed Property
a. Maximum Special Tax
The Maximum Special Tax for Fiscal Year 2022-2023 for each Land Use Class is shown below in Table 1.
TABLE 1
Maximum Special Tax for Developed Property
For Fiscal Year 2022-2023
Improvement Area No. 15
Land Use Class Description Maximum Special Tax
1 Residential $656.31 per unit
2 Non-Retail
Commercial/Industrial Property $0.1526 per SF of Floor Area
b. Increase in the Maximum Special Tax
On each July 1, commencing on July 1, 2023, the Maximum Special Tax shall be increased (but not decreased) by the percentage change in the Consumer Price Index not to exceed one percent (1%) per Fiscal Year.
c. Multiple Land Use Classes
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Taxes that can be levied for all Land Use Classes located on that Assessor’s Parcel.
2. Undeveloped Property
No Special Tax shall be levied on Undeveloped Property.
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Attachment: RMA CFD 2006-1 IA 15 01 (3471 : Resolution of Intention (ROI) to Establish Improvement Area (IA) No. 15 - CFD NO. 2006-01) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 5
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the Council shall levy the Special Tax on each Assessor’s Parcel of Developed Property at 100% of the applicable Maximum Special Tax.
E. EXEMPTIONS
No Special Tax shall be levied on Retail Commercial Property, Property Owner Association Property, Public Property, or any Assessor’s Parcel that has a Welfare Exemption. However, should an Assessor’s Parcel no longer be classified as Retail Commercial Property, Property Owner Association Property, Public Property, or have a Welfare Exemption, its tax-exempt status will, without the necessity of any action by the Council, terminate.
F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.
Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.
G. MANNER OF COLLECTION
The Special Tax shall be collected in the sa me manner and at the same time as ordinary ad valorem property taxes; provided, however, that IA No. 15 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.
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Attachment: RMA CFD 2006-1 IA 15 01 (3471 : Resolution of Intention (ROI) to Establish Improvement Area (IA) No. 15 - CFD NO. 2006-01) City of Cathedral City September 26, 2022
IA No. 15 of CFD No. 2006-1 (Escena 52) Page 6
H. TERM OF SPECIAL TAX
The Council is authorized to levy the Special Tax in perpetuity.
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Attachment: RMA CFD 2006-1 IA 15 01 (3471 : Resolution of Intention (ROI) to Establish Improvement Area (IA) No. 15 - CFD NO. 2006-01)
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Attachment: Cathedral City CFD 2006-1 IA 15 Boundary Map (3471 : Resolution of Intention (ROI) to Establish Improvement Area (IA) No. 15 - CFD NO. 2006-01)
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Staff Report
City Council
Item No. 4.D
Meeting Date: November 9, 2022
From: John Corella, Director of Engineering/Public Works Title: CDBG Professional Consulting Services Agreement Extension with The Ramsay Group
City Council
RECOMMENDATION:
City Council approve a one -year Professional Consulting Services Agreement with provisions for two one -year extensions with The Ramsay Group in the amount not to exceed $50,000 per year to provide Community Development Block Grant (CDBG) administrative support services for the CDBG program; and, authorize the City Manager to execute the agreement.
BACKGROUND:
On October 13, 2021, the City Council approved a one -year term agreement with an option for a one -year extension with The Ramsay Group to assist wi th the administration of the City's Community Development Block Grant ( CDBG) Program, comply with the program requirements and maintain the City’s entitlement status to receive funds from the program.
The Ramsay Group has a long history of providing Housing and Urban Development (HUD)-related support services for over 60 jurisdictions nationwide, including the Coachella Valley Cities of Cathedral City, Indio, and Palm Springs. This past year the Ramsay Group provided:
• Overall Administration Assistance
o General consultation, assistance, and recommendations to Cathedral City Staff
o Met as needed to review program progress and regulations o Assisted in compiling eligibility documentation in accordance with HUD regulations, including Environmental Record Review (ERR) o Assisted in program monitoring
o Assisted in the p reparation of the Comprehensive Annual Performance Evaluation Report (CAPER)
• Integrated Disbursement and Information System (IDIS) Maintenance
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o Assisted staff in setting up and maintaining CDBG project information on IDIS
o Assisted in providing the required quarterly accomplishments update o Assisted in creating drawdown vouchers
During the contract term, The Ramsay Group completed the Five -Year (2022 -2026) Consolidated Plan (Con Plan), the FY2022 Annual A ction Plan (AAP), and the Assessment of Fair Housing (AFH) and assisted Staff in submitting these documents within the time frames specified by HUD.
The professional services provided by The Ramsay Group focused in on assisting City Staff with the admini stration of the CDBG program and support in developing and implementing assistance programs directed towards the rehabilitation of neighborhoods in low to moderate income areas of the City.
This past year’s Agreement with the Ramsay Group provided CDBG su pport for an agreed upon cost of $61,200 ($5,100 per month). This support is funded by the Administrative Allowance portion of the City’s CDBG entitlement.
DISCUSSION:
In September 2022, the City Council authorized additional staffing for the Engineerin g Department. One position approved, the Analyst I/II, once hired, will be responsible for the City’s CDBG Program management responsibilities as one of the position’s primary duties. The transitional training for CDBG Program management will be provided by the Assistant Engineer currently performing this duty with support from The Ramsay Group.
The transition, once an Analyst is hired, will take at least a year to cover the typical CDBG annual cycle of reporting. In anticipation of this added Analyst position taking on these duties, Staff renegotiated a pared down agreement with The Ramsay Group to provide support on an hourly basis versus a specified retainer or a monthly base fee.
The outcome of the renegotiation is The Ramsay Group will provide the services above- mentioned in the amount not to exceed $50,000 per year, with a flat rate of $95 per hour, with monthly invoices . The contract is proposed for one year with an option for the City to extend for two additional one-year terms.
Staff is req uesting City Council approve a one -year Professional Consulting Services Agreement with provisions for two one -year extensions with The Ramsay Group in the not to exceed amount of $50,000 per year to provide CDBG administrative support services for Cathedr al City's CDBG Program; and authorize the City Manager to execute the agreement.
FISCAL IMPACT:
Funding for the agreement will be provided under the City’s FY 2022-23 CDBG Program Administrative Allowance of $123,000, and the FY 2023 -24 CDBG Program Administrative Allowance, which is the 20% of Cathedral City’s total CDBG entitlement funds determined by HUD.
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ATTACHMENTS:
Professional Services Agreement with The Ramsay Group
Revised The Ramsay Group Proposal 10-26-2022
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- 1 -
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY
AND
THE RAMSAY GROUP
This Agreement for Professional Consulting Services (“Agreement”) is entered into as of November 9, 2022 (“Effective Date”) by and between the City of Cathedral City, a municipal corporation (“City”) and The Ramsay Group , a research and planning firm located in Valencia, California , (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposals, the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Consultant, 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. Consultant was selected by the City on the basis of Consultant ’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.
D. Pursuant to the City of Cathedral City’s Municipal Code, City has authority to enter into this Professional Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Consultant 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.
a) Subject to the provisions of Section 19 "Termination of Agreement" of this Agreement, the Term of this Agreement is for twelve months commencing on the Effective Date with a provision for two one-year extensions.
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Attachment: Professional Services Agreement with The Ramsay Group (3487 : CDBG Professional Consulting Services Agreement Extension - 2 -
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. a) Scope of Services. Consultant agrees to perform the services set forth in Exhibit “A” “Scope of Work” (hereinafter, the “Services”) and made a part of this Agr eement by this reference.
b) Schedule of Performance . The Services sh all be completed purs uant to the schedule specified in the individual Task Order. Should the Services not be completed pursuant to that schedule, the Consultant shall be deemed to be in Defau lt of this Agreement. The C ity, in its sole discretion, may choose n ot to enforce the Def ault provisions of this Agreement and may instead allow Consultant to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
a) Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “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) S ubject to any limitations set forth in this Agreement, City agrees to pay Consultant the hourly rates specified in Exhi bit “B” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars per year ($50,000/year) , without prior approval in writing from the City. In no event shall the total compensation paid over the initial Term of the Agreement exceed Fifty Thousand Dollars per year ($50,000/year), unless additional compensation is approved in writing in accordance Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such work is authorized, such additional work shall be deeme d to be part of the services.
b) Each month Consultant shall furnish to City a separate, original invoice for all work performed and expenses incurred during the preceding month. The invoices shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor Professional contracts. Sub-contractor Professional invoices shall be detailed in the same manner as Consultant invoice. City shall independently review each invoice submitted by the Consultant 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 origina l invoice shall be returned by City to Consultant for correction and resubmissio n.
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Attachment: Professional Services Agreement with The Ramsay Group (3487 : CDBG Professional Consulting Services Agreement Extension - 3 -
c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City wi ll use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
a) City may in spect and accept or r eject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be con clusive as to such work except with res pect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, bu t n ot limited to, Section 15 “Indemnifi cation” and Section 16 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
a) All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of p roviding 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 Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn over to City al l such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
b) If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Consultant in the course of providi ng the Services purs uant to this Agreement, Consultant’s guarantees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of the maps, mod els, designs, drawings, photographs, st udies, surveys, repo rts, data, notes, computer files, files or other documents.
SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agr eement. Any and all such documents or records shall be maintained in accordance with gene rally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services
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provided by Consultant pursuant to th is 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 ext ent required by laws relating to audits of pu blic agencies and their expenditures.
b) Any and all records or documents required to be maintained pursuant to this section shall b e made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its desi gnated 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 b e made available at Consultant’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 secti on may be lost or discarded due to d issolution or termination of Consultant’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) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant 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, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. b) The personnel performing the Services under this Agreement on behalf Consultant shall at all times be under Consultant’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 Consultant or any of Consultant’s officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, healt h care or any other benefits which m ay otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE; FAMILIARITY WITH WORK. a) Consultant 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. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Ser vices. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum,
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generally accepted standards and practices utilized by persons engaged in providin g services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. 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 Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
b) Consultant 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, diffic ulties and restrictions attending perfo rmance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH APPLICABLE L AWS; PERMITS AND LICENSES.
a) Consultant 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. Consultant 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 Consultant to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
a) It is the understanding of City and Consultant 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 pur suant to the Cal ifornia Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair of work performed on public buildings, facilities , streets or s ewers done under contract and pai d in whole or in part out of public funds. In this cont ext, “construction” includes work performed during the design and pre construction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
a) Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connecti on with or related to the performance of this Agreement.
SECTION 13. CONFLICTS OF INTEREST.
a) Consultant covenants that neither it, nor any officer or pr incipal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the
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interests of City or which would in any way hinder Consultant’s pe rformance of the Services. Consultant further covenants that in the performance of thi s 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. Consultant 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 may determine that Consultant must disclose its financial interests b y completing and filing a Fair Political Practices Commission Form 70 0, Statement of Economic Interests. If such a determination is made, Consultant 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.
c) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projec ts. Any future posit ion of City on such projects shall not be considered a conflict of interest for purposes of this section. d) City understands a nd acknowledges that Consultant will, perform non -related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose an y 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) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatori es or other information concerning the work perfo rmed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. d) Consultant shall promptly notify City should Consultant, its officers, em ployees, agents or subcontractors be s erved with any summo ns, 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
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the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be p resent at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 15. INDEMNIFICATION.
a) Indemnification Consultant. As provided und er Civil Code Section 2782.8, Consultant 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 claims. actions and proceedings (whether at law or equity, administrative or judicial), dem ands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, its officers, agents, employees or sub-consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of pr ofessional services under this Agreement, with the understanding that in the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City and its contractors and Des ign Professionals, and Consultant, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. b) Indemnification from Subcontractors . Consultant agrees to obtain exec uted indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of thi s Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant 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 Consultant and shall survive the termination of this Agreement or this section.
c) 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 16. INSURANCE.
a) Consultant 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
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by the City Manager. Consultant agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
a) The expertise and experience of Consultant are material considera tions for this Agreement. City has an int erest in the qualifi cations and capability of the persons and entities who will fulfill th e duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer thi s Agreement or any p ortion of this Agreement or the performance of an y of Consultant’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 mate rial breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 19 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
a) Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontract ors, if any, assigned to perform the Services.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 19. 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 Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to a ny other remedies, e ither Consultant, or City may terminate this Agreement immediately upon written notice. d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.
Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, 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 20. DEFAULT.
a) In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work
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performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant 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 Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed wi th payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.
If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under Section 19 “Termination of Agreement.” An y failure on the part of the City to give notice of the Consultant’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 21. EXCUSABLE DELAYS.
a) Consultant 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 Consultant. 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, 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 22. COOPERATION BY CITY.
a) All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessar y for carrying out the Services shall be furnished to Consultant in every reasonable way to facilitate, without undue delay , the Services to be performed under this Agreement.
SECTION 23. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing, addressed as follows:
To City: City of Cathedral City
Attn: Charlie P. McClendon
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Consultant: The Ramsay Group
Attn: Darrell Stamps
23800 Garland Court
Valencia, CA 91354
Notice shall be deemed effective on the date delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 24. AUTHORITY TO EXECUTE.
a) The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION. a) 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 27 “Amendment” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
a) This Agreement shall be bindin g upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
a) No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Cathedral City Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
a) Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or s ervices by Consultant shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
a) 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 Califo rnia, in Riverside.
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SECTION 30. ATTORNEYS FEES, COSTS AND EXPENSES. a) 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 31. ENTIRE AGREEMENT.
a) This Agreement, including the attached Exhibits "A" th rough " C", i s the en tire, complete, final and exclusive expression of the Parties with res pect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to th e ex ecution 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.
SECTION 32. SEVERABILITY.
a) If any term, condition or covenant of this Agreement is declared or determined by any court of competent jur isdiction to be inval id, 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 33. CONFLICTING TERMS.
a) Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY THE RAMSAY GROUP
__________________________ ___________________________
Charles P. McClendon Darrell Stamps
City Manager Managing Partner
ATTEST: ___________________________
Veda Ramsay
Managing Partner
___________________________
Tracey R. Hermosillo, CMC
City Clerk
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APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: CONSULTANT’S SIGNATURES SHAL L BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQUIRED BY THE BYLAWS, ARTICLES OF INCOR PORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S
BUSINESS ENTITY.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2020 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me on the basis of satisfactory ev idence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
On ____________________, 2020 ,
before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s) who proved to me o n the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorize d capacity(ies), and that by his/her/t heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S) DESCRIPTION OF ATTACHED DOCUMENT Signer's Name:
¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General
¨ Attorney-In-Fact Number Of Pages
¨ Trustee(s)
¨ Guardian/Conservator
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Date Of Document
Signer(s) Other Than Named Above
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A-1
EXHIBIT "A"
SCOPE OF SERVICES
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8 3. SCOPE OF WORK
Overall understanding of the Project
The above-assigned personnel will serve as a temporary extension of the City of Cathedral City staff, bringing new insights, strategies and management that can be used by the City to ensure the successful administration of the CDBG program. We will ensure daily coordination with the City and ensure seamless transfer of information. We will also provide monthly reports on the program’s progress and make staff available for departmental meetings or public presentations.
OVERALL ADMINISTRATION ASSISTANCE
The Ramsay Group’s program administration/project implementation shall include, but not be limited to: conducting HUD/NEPA environmental review(s); coordinating with funding agencies; developing and administering agency contract(s); requesting, tracking and managing program funds in compliance with program guidelines; developing required public record systems; preparing for and assisting with agency audits and site visits; Davis-Bacon record- keeping requirements; any acquisition or Uniform Relocation Act compliance; any bid/contract grant requirements; technical support on any other requirements or criteria for implementation; developing appropriate agency reports, schedules and certifications; coordinating and conducting any required community and public inp ut meetings; providing agency reports; and developing any annual and closeout agency submissions.
TRG shall, as authorized, undertake the necessary management, data- gathering, analysis and reporting necessary to ensure the City complies with all Federal, State and Local regulations and requirements associated with effective implementation, management, and oversight of the City’s CDBG Program. At a minimum, TRG will provide the following activities.
A. General consultation, assistance and/or recommendations to the City of Cathedral City CDBG Administrative Staff (and its subcontractors/sub-recipients if requested) in matters relating to the administration and execution of its Community Development Block Grant (CDBG) Program, including project planning, implementation services, and quarterly project activity reporting.
B. Provide assistance with updates to the IDIS system to ensure all projects include required activity descriptions, locations, and beneficiaries
C. Provide assistance in the preparation of a system of reporting and recordkeeping that includes the quarterly updating of data in the IDIS and the establishment and maintenance of activity records sufficient to demonstrate that each activity meets the regulatory requirements of the CDBG program
D. Meet as needed with the staff of the Office of Community Development to review program progress and program regulations.
E. Provide assistance in compiling eligibility documentation in accordance with HUD regulations for funded projects, including National Objective determinations and assistance with determining the level of environmental review required for each project/activity (which shall include assistance in preparing an Environmental Review Record (ERR).
F. Provide assistance in preparing for the Department of Housing & Urban Development program monitoring of CDBG projects.
G. Preparation and Successful Submission of the Consolidated Annual P erformance and Evaluation Report (CAPER). TRG will submit the CAPER to the U.S. Department of Housing and
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The CAPER will be prepared using the eCon Planning Suite and in accordance with CFR Part 91 and related HUD directives titled Consolidated Annual Performance and Evaluation Reporting for Entitlement Grantees.
I
DIS MAINTENANCE
The Ramsay Group will assist staff in setting up and maintaining CDBG project information on the Integrated Disbursement and Information System (IDIS). IDIS maintenance will occur as requested by City each year, with a minimum of quarterly to update accomplishments and create drawdown vouchers. General technical assistance will be provided as requested. TRG will provide assistance with updates to the IDIS system to ensure all projects include required activity descriptions, locations, and beneficiaries. Tasks will include, but not limited to, the following:
• A
ctivity set- up new and maintenance of activity status
• Enter and maintain project/activity accomplishments
• Report generation
• Activity funding as requested by City staff
• Set up draw-down vouchers as requested by City staff
• Create Program Income receipts
• Clean up IDIS information as needed
• Provision of technical assistance to City staff on HUD program administration and reporting requirements
• Monitoring of programs and files for eligibility
• File set-up and closeout
• Application Review and income eligibility determination • Provide sub-recipient monitoring
• Provide staff training as requested
• Provide annual affordable housing monitoring
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B-1
EXHIBIT "B"
COMPENSATION
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SCHEDULE OF COMPENSATION
FEE SCHEDULE
TRG will provide the necessary services in the amount not to exceed a total of $50,000 annually. The Agreement will be for one year with the provision for two one-year extensions. This amount will include all out-of-pocket incidental costs, such as mailings, use of databases, telephone, printing, travel and other expenses. The hourly rate is calculated at $95 based on an estimated average amount of consulting/work hours of 15 hours a week per month. Except as otherwise provided on the Agreement, TRG will invoice charges for professional services once a month at its hourly rate of $95/hour. The capped not-to-exceed amount (fee) includes all work to be undertaken as necessary to satisfy all obligations within the Scope of Services.
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EXHIBIT "C"
INSURANCE
A. Insurance Co verages. Consultant shall provide and maintain insurance, acceptable to the City, in full force and ef fect throughout the term of this Agreement , against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Consultant shall procure and maintain the follo wing scope and limits of insurance:
Only the following “marked” requirements are applicable:
X Commercial General Liability (CGL): Insurance written on an occurrence basis to protect Consultant and City against liability or claims of liability which may arise out of this Agreeme nt in the amount of one million dollars ($1,00 0,000) per occurrence a nd subject to an annual aggregate of two million dollars ($2,000,000). Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. additional insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insurance in an amount not less than $1,000,000 for injuries, including accidental death, to any one person, and subject to the same min imum for eac h person, in an amount n ot less than one million dollars ($1,000,000) for each accident, and property damage insurance in an amount of not less than one million dollars ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than $2,000,000 shall be considered equivalent to the said required minimum limits. Coverage shall be at least as broad as Insurance Services Office form number CA 0001 covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the approval of the City.
X Workers’ Compensation Insurance: Workers’ Compensation ins urance that includes a minimum of one million dollars ($1,000,000) of employers’ liability coverage.
Consultant shall provide an endorsement that the insurer waives the right of subrogation against the City and its respective e lected of ficials, offic ers, employees, agents and representatives. In the event a claim under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Consultant participating under this Agreement, Consultant is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Consultant’s profession in an amount not less than one million dollars $1,000,000 per occurrence. This co verage may be written on a “cl aims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to b e applicable to clai ms 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 Consultant’s services or
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Attachment: Professional Services Agreement with The Ramsay Group (3487 : CDBG Professional Consulting Services Agreement Extension
C-3
the termination of this Agreement. During this additional three (3) year period, Consultant shall annually an d upon request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. 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 limi ts except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance i s to be placed with insu rers with a current A.M.
Best's rating of no less than A:VII.
2. Commercial General Liability and Automobile Liability Coverages.
a. City, and its respective elected and appointed officers, officials, and empl oyees and vo lunteers are to be cover ed as additional ins ureds as respects:
liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or autom obiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protect ion afforded to City, and their respective elected and appointed officers, officials, or employees.
b. Consultant’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self -insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant’s insurance.
c. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, e xcept with respect to the limits of the insurer's liability.
d. Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
e. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
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3. Workers' Compensation Coverage . Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant.
C. Other Requirements. Consultant 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 Consultant furnish City with copies of original endorsements effecting coverage required by this E xhibit “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. Consultant shall furnish certificates and endorsements from each sub- contractor identical to those Consultant 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 elimina te such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees a nd volunteers, or the Consultant 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 Consultant’s liability here under nor to fulfill the indemnification provisions and requirements of this Agreement.
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Attachment: Professional Services Agreement with The Ramsay Group (3487 : CDBG Professional Consulting Services Agreement Extension 1 Community Development Block Grant (
CDBG)
Grant
Program Management
Proposal
City of
Cathedral City
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Attachment: Revised The Ramsay Group Proposal 10-26-2022 (3487 : CDBG Professional Consulting Services Agreement Extension with The 2 Contact Information:
Darrell Stamps MPA - Managing Partner
THE RAMSAY GROUP
www.theramsaygroup.com
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Attachment: Revised The Ramsay Group Proposal 10-26-2022 (3487 : CDBG Professional Consulting Services Agreement Extension with The 3 FIRM IDENTIFICATION
Legal Name: The Ramsay Group, LLC
Telephone Number: 213.256.7657
Email Address: [email protected]
Authorized Agents: Darrell Stamps, Managing Partner
Certification: Certified Minority and Woman Owned Business Enterprise
Federal Tax ID Number: 83-0417612
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Attachment: Revised The Ramsay Group Proposal 10-26-2022 (3487 : CDBG Professional Consulting Services Agreement Extension with The 4 1. COVER LETTER
October 20, 2022
John Corella – Director of Engineering / Public Works
City of Cathedral City
68-700 Avenida Lalo Guerrero,
Cathedral City, CA 92234
RE: ADMINISTRATIVE SERVICES FOR THE CITY OF C ATHEDERAL CITY”S CDBG PROGRAM
Dear Mr. Corella:
The Ramsay Group is pleased to present our proposal to the City of Cathedral City to provide Administrative Support Services for your Community Development Block Grant Program.
The Ramsay Group specializes in minimizing the regulatory burden most public managers face by working along- side them and applying efficient private -sector structure and systems. Our team also has more than 20 years of experience managing and providing technical support for Housing and Urban Development programs such as Community Development Block Grant (CDBG); Home Investment Partnerships (HOME), Emergency Shelter Grant (ESG). Our firm has provided HUD technical assistance to more than 60 California jurisdictions.
Our objective is to be an independent contractor capable of providing experienced, knowledgeable, and professional management services; be responsive and maintain excellent working relationships with city residents, businesses, government offici als and city staff; and provide adequate staffing levels at all times and adhere to established schedules. TRG shall be knowledgeable of and comply with federal, state, and local laws, including the City of Cathedral City’s Municipal Code.
Lastly, The Ramsay Group is uniquely positioned to excel in this role for the City of Cathedral City. We have a long history of providing HUD related support services for jurisdictions within the Coachella Valley. TRG serves the same roles as outlined in this RFP for the Cities of Palm Springs (2 years) and Indio (10 years). We also successfully completed the City of Cathedral City’s 2017 Consolidated Plan and Assessment to Fair Housing (AFH). The City’s AFH was one of the first successfully completed and approved in the nation. This familiarity with the region and the City of Cathedral City will allow us to hit the ground running, with marginal impact on current City staff’s time.
Should you have any further questions or concerns, please contact me directly. I reviewed all elements of the RFP and understood its requirements. I will be the contact/ lead person for this assignment and authorized to obligate the Firm contractually. I can be reached at [email protected] or 213 -256-7657. Our fax is 661-554-0198.
The Ramsay Group is the State of California certified Minority Business Enterprise. We look forward to working with you.
We thank you for considering our submission and look forward to the privilege of working with your jurisdiction.
Regards,
Darrell Stamps MPA, Managing Partner
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Attachment: Revised The Ramsay Group Proposal 10-26-2022 (3487 : CDBG Professional Consulting Services Agreement Extension with The 5 2. QUALIFICATION OF STAFF AND REFERENCES
For over two decades, The Ramsay Group has provided over 60 jurisdictions with accurate and concise strategic planning and project management services. Our track record for successfully developing long-range strategies and managing local programs is extensive and well known. It is the result of tailoring our services to each client’s specific needs and understanding the socio -economic conditions of any jurisdiction, which includes land use, infrastructure, affordable housing, labor market , and the unique needs and desires of local stakeholders. TRG experience covers the complete gamete of Local, State and Federal planning and program management. They include Housing Elements, Consolidated Plans, 10 Year Plans to End Chronic Homelessness and the newly established Assessment of Fair Housing.
What makes us different?
Two aspects of The Ramsay Group help us stand out from our competitors. First, our products and services reflect the insight we acquire from affordable housing and community development analysts . All our products and services are based on strong community and affordable housing research. Our team of in-house experts combines years of applied knowledge with contemporary planning practices. Second, our services and products reflect our experience as planners and community development consultants. We have worked in communities across the U.S. and have witnessed successful planning and development tactics duplicated again and again. We have a proven process of working with diverse communities to identify not just obvious impediments, but assets that can be used to accomplish desired change.
CDBG Administration and Technical Assistance
Jurisdiction : City of Palm Springs
Project Description: 2020-23 CDBG Administration
Status: On Going
Jurisdict ion : City of Indio
Project Description: 2016 CDBG IDIS Management and 2014, 2015,2016 CDBG Technical Assistance Status: On Going
Jurisdiction : City of Mesa, AZ
Project Description: 2015-2019 Supervised CDBG and ESG Programs. Responsible for the management of Fair Housing and Equal Opportunity; Responsible for CDBG/ESG/and Human Services Grants Application Process; Compliance and Monitoring; Consolidated Planning Process; Analysis of Impediments to Fair Housing; Labor Standards; Environmental Reviews; Section 3; and supervising program staff.
Status: Ended in September 2019
Jurisdiction : City of Chino Hills
Project Description: 2014, 2015,2016 CDBG Technical Assistance Status: On Going
Jurisdiction: City of El Monte
Project Description: 2016 -2017 Supervised CDBG and ESG Programs. Responsible for the management of Fair Housing and Equal Opportunity; Responsible for CDBG/ESG/and Human Services Grants Application Process; Compliance and Monitoring; Consolidated Planning Process; Analysis of Impediments to Fair Housing; Labor Standards; Environmental Reviews; Section 3; and supervising program staff.
Status: Ended in June 2017
Jurisdiction : City of Norwalk
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Attachment: Revised The Ramsay Group Proposal 10-26-2022 (3487 : CDBG Professional Consulting Services Agreement Extension with The 6 Project Description: 2015 and 2016 CDBG and HOME Technical Assistance Status: Ended in June 2017
Jurisdiction : Bristol Township, PA
Project Description: CDBG and HOME Administration
Status: Ended in June 2018
Jurisdiction : Broward County, FL
Project Description: 2015 and 2016 Staff training on IDIS, eCon Planning Suite and Environmental Assessments as well as on-going technical assistance as needed.
Status: Ended in June 2018
Jurisdiction : City of Spartanburg, South Carolina
Project Description: 2013, 2014, 2015, 2016 Ongoing technical assistance as needed (IDIS, Environmental Review, CDBG & HOME Program Management)
Status: Ended in June 2017
Jurisdiction : Lexington County, South Carolina
Project Description: 2015-2016 Technical assistance as needed (IDIS, Environmental Review, CDBG & HOME Program Management)
Status: Ended in June 2017
Jurisdiction : City of Richmond, California
Project Description: IDIS Technical Assistance (sub-contractors for TDA) Status: Complete March 2015 – September 2015
Partial List of Completed Consolidated Plans and Analysis of Impediments • Updated the City of Palm Springs’ 2020 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice
• Updated the City of Burbank’s 2020 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice • Updated the City of Whittier’s 2020 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice • Updated the City of Garden Grove’s 2020 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice
• Updated the City of Porterville’s 2020 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice
• Updated the City of Chino’s 2020 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice • Updated the City of Indio’s 2019 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice • Updated the Consortium of Town of Apple Valley and City of Victorville’s 2017 Consolidated Plan and Assessment of Fair Housing
• Updated City of Cathedral City’s 2017 Consolidated Plan and 2016 Assessment of Fair Housing • Updated the City of Delano’s 2015 Analysis of Impediments to Fair Housing Choice • Updated the City of Norwalk’s 2015 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice • Updated the City of Lancaster’s 2015 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing • Updated the City of Merced’s 2015 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice • Updated the City of Clovis’s 2015 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice • Updated the City of Pico Rivera’s 2015 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing • Updated the City of Carson’s 2015 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice • Updated the City of Glendale’s 2015 Consolidated Plan • Updated the City of El Monte’s 2015 Consolidated Plan
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Attachment: Revised The Ramsay Group Proposal 10-26-2022 (3487 : CDBG Professional Consulting Services Agreement Extension with The 7 • Updated the City of La Habra’s 2015 Consolidated Plan • Updated the City of Whittier’s 2015 Consolidated Plan • Updated the City of Encinitas’s 2015 Consolidated Plan • Updated the City of Indio’s 2014 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing Choice • Updated City of Chino Hills 2013 Analysis of Impediments to Fair Housing Choice • Updated City of Santa Barbara 2013 Analysis of Impediments to Fair Housing Choice • Updated City of Lancaster 2013 Analysis of Impediments to Fair Housing Choice • Updated City of Turlock and Stanislaus County HOME Consortium 2010-2015 Consolidated Plan and AAP • Updated the City of Clovis’s 2010- 2015 Consolidated Plan/ AP and Analysis of Impediments • Updated the City of Pico Rivera’s 2010 - 2015 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing
• Updated the City of Visalia’s 2010- 2015 Consolidated Plan/ AP and Analysis of Impediments to Fair Housing • Updated the City of Bakersfield’s 2010- 2015 Consolidated Plan/AP and Analysis of Impediments • Updated the City of Yuba City’s 2010- 2015 Consolidated Plan • Updated City of Yuba’s Neighborhood Revitalization Strategy 2010 • Updated the County of Madera’s 2008 Housing Element
• Updated the City of Delano’s 2008 Housing Element
References for CDBG administration services.
Agency Contact Name/Address Phone Number Summary of Service City of Indio Jesus Gomez – Housing Manager
100 Civic Center Mall/ Indio, CA 92201
Office: (760) 391-4028/ [email protected]
760- 541-4260 CDBG program technical
assistance / IDIS Management/
ConPlan, AAP and CAPER
Development
City of Palm
Springs
Jay Virata- Director, Community &Economic
Development City of Palm Springs, 3200 E.
Tahquitz Canyon Way ,Palm Springs, CA 92262
[email protected]
(760) 323-8228
CDBG program administration /
ConPlan, AAP and CAPER
Development
City of
Burbank
Maribel Leyland
City of Burbank Housing Authority Manager
[email protected]
(818-238-5158) CDBG. HOME program
administration / ConPlan, AAP
and CAPER Development
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Attachment: Revised The Ramsay Group Proposal 10-26-2022 (3487 : CDBG Professional Consulting Services Agreement Extension with The
8 3. SCOPE OF WORK
Overall understanding of the Project
The above-assigned personnel will serve as a temporary extension of the City of Cathedral City staff, bringing new insights, strategies and management that can be used by the City to ensure the successful administration of the CDBG program. We will ensure daily coordination with the City and ensure seamless transfer of information. We will also provide monthly reports on the program’s progress and make staff available for departmental meetings or public presentations.
OVERALL ADMINISTRATION ASSISTANCE
The Ramsay Group’s program administration/project implementation shall include, but not be limited to: conducting HUD/NEPA environmental review(s); coordinating with funding agencies; developing and administering agency contract(s); requesting, tracking and managing program funds in compliance with program guidelines; developing required public record systems; preparing for and assisting with agency audits and site visits; Davis-Bacon record- keeping requirements; any acquisition or Uniform Relocation Act compliance; any bid/contract grant requirements; technical support on any other requirements or criteria for implementation; developing appropriate agency reports, schedules and certifications; coordinating and conducting any required community and public inp ut meetings; providing agency reports; and developing any annual and closeout agency submissions.
TRG shall, as authorized, undertake the necessary management, data- gathering, analysis and reporting necessary to ensure the City complies with all Federal, State and Local regulations and requirements associated with effective implementation, management, and oversight of the City’s CDBG Program. At a minimum, TRG will provide the following activities.
A. General consultation, assistance and/or recommendations to the City of Cathedral City CDBG Administrative Staff (and its subcontractors/sub-recipients if requested) in matters relating to the administration and execution of its Community Development Block Grant (CDBG) Program, including project planning, implementation services, and quarterly project activity reporting.
B. Provide assistance with updates to the IDIS system to ensure all projects include required activity descriptions, locations, and beneficiaries
C. Provide assistance in the preparation of a system of reporting and recordkeeping that includes the quarterly updating of data in the IDIS and the establishment and maintenance of activity records sufficient to demonstrate that each activity meets the regulatory requirements of the CDBG program
D. Meet as needed with the staff of the Office of Community Development to review program progress and program regulations.
E. Provide assistance in compiling eligibility documentation in accordance with HUD regulations for funded projects, including National Objective determinations and assistance with determining the level of environmental review required for each project/activity (which shall include assistance in preparing an Environmental Review Record (ERR).
F. Provide assistance in preparing for the Department of Housing & Urban Development program monitoring of CDBG projects.
G. Preparation and Successful Submission of the Consolidated Annual P erformance and Evaluation Report (CAPER). TRG will submit the CAPER to the U.S. Department of Housing and
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Attachment: Revised The Ramsay Group Proposal 10-26-2022 (3487 : CDBG Professional Consulting Services Agreement Extension with The Ramsay A. Urban Development (HUD) within 90 days of the end of the City’s program year as required. The CAPER will be prepared using the eCon Planning Suite and in accordance with CFR Part 91 and related HUD directives titled Consolidated Annual Performance and Evaluation Reporting for Entitlement Grantees.
IDIS MAINTENANCE
The Ramsay Group will assist staff in setting up and maintaining CDBG project information on the Integrated Disbursement and Information System (IDIS). IDIS maintenance will occur as requested by City each year, with a minimum of quarterly to update accomp lishments and create drawdown vouchers.
General technical assistance will be provided as requested. TRG will provide assistance with updates to the IDIS system to ensure all projects include required activity descriptions, locations, and beneficiaries.
Tasks will include, but not limited to, the following:
• Activity set- up new and maintenance of activity status • Enter and maintain project/activity accomplishments
• Report generation
• Activity funding as requested by City staff
• Set up draw-down vouchers as requested by City staff
• Create Program Income receipts
• Clean up IDIS information as needed
• Provision of technical assistance to City staff on HUD program administration and reporting requirements
• Monitoring of programs and files for eligibility
• File set-up and closeout
• Application Review and income eligibility determination • Provide sub-recipient monitoring
• Provide staff training as requested
• Provide annual affordable housing monitoring
SCHEDULE OF COMPENSATION
FEE SCHEDULE
TRG will provide the necessary services in the amount not to exceed a total of $50,000 annually. The Agreement will be for one year with the provision for two one-year extensions. This amount will include all out-of-pocket incidental costs, such as mailings, use of databases, telephone, printing, travel and other expenses. The hourly rate is calculated at $95 based on an estimated average amount of consulting/work hours of 15 hours a week per month. Except as otherwise provided on the
Agreement, TRG will invoice charges for professional services once a month at its hourly rate of $95/hour. The capped not-to-exceed amount (fee) includes all work to be undertaken as necessary to satisfy all obligations within the Scope of Services.
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Cathedral City Page 1 of 2 Printed on 11/3/2022
Staff Report
City Council
Item No. 4.E
Meeting Date: November 9, 2022
From: Tracey Hermosillo, City Clerk
Title: Resolution Designating Holidays Cathedral City Public Offices Shall be Closed for Calendar Year 2023
City Council
RECOMMENDATION:
To adopt a Resolution of the City Council of the City of Cathedral City, California, Designating Holidays on which City Public Offices Shall be Closed for Calendar Year 2023.
BACKGROUND:
On November 10, 2020, the City Council repealed Chapter 2.55 of Titl e 2 of the Municipal Code allowing the City Council to designate Holidays Observed by Resolution annually, or as necessary.
DISCUSSION:
Staff recommends City Council approve the attached Resolution establish ing dates public offices will be closed in 2023.
Below are the dates staff is proposing public offices be closed:
Holiday Name City Hall Closed
January 1st (New Year’s Day) Monday, January 2, 2023
The third Monday in January (Martin Luther King Jr.) Monday, January 16, 2023 The third Monday in February (Presidents’ Day) Monday, February 20, 2023 The last Monday in May (Memorial Day) Monday, May 29, 2023 June 19th (Juneteenth National Independence Day) Monday, June 19, 2023 July 4th (Independence Day) Tuesday, July 4, 2023
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The first Monday in September (Labor Day) Monday, September 4, 2023 November 11th (Veterans Day) Friday, November 10, 2023
Fourth Thursday in November (Thanksgiving Day) Thursday, November 23, 2023 Friday following Thanksgiving Day Friday, November 24, 2023 December 25th (Christmas Day) Monday, December 25, 2023
This Resolution will take effect December 31, 2022. City Hall operating hours will be made available to the public.
FISCAL IMPACT:
There is no fiscal impact with this item.
ATTACHMENTS:
Cathedral City - Reso Re Designation of City Observed Holidays -2023
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RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA, DESIGNATING HOLIDAYS ON WHICH CITY OF
CATHEDRAL CITY PUBLIC OFFICES SHALL BE CLOSED FOR
CALENDAR YEAR 2023
WHEREAS Section 6700 of the California Government Code designates days that are holidays in the State of California; and
WHEREAS, Section 6702 of the California Government Code provides that City offices shall be closed on designated State holidays unless otherwise provided by the City; and
WHEREAS, the City Council desires and deems it to be in the public’s best interest to designate those holidays on which the City of Cathedral City public offices will be closed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The City Council hereby finds the recitals set forth above to be true and correct.
SECTION 2. ESTABLISHMENT CITY OF CATHEDRAL HOLIDAYS
A. The public offices of the City of Cathedral City shall be closed on the dates set forth in Exhibit “A” attached to this Resolution and incorporated by this reference.
B. Holidays falling on Saturday will be observed on the preceding Friday.
C. Holidays falling on Sunday will be observed the following Monday.
SECTION 3. EFFECTIVE DATE
This Resolution shall take effect on December 31, 2022.
SECTION 4. CERTIFICATION
The City Clerk shall attest to and certify the vote adopting this Resolution.
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Attachment: Cathedral City - Reso Re Designation of City Observed Holidays -2023 (3490 : Resolution Designating Holidays Public Offices will PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Cathedral City held on this 9th day of October, 2022 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Ernesto Gutierrez, Mayor
ATTEST:
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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Attachment: Cathedral City - Reso Re Designation of City Observed Holidays -2023 (3490 : Resolution Designating Holidays Public Offices will EXHIBIT “A”
CITY RECOGNIZED HOLIDAYS 2023
City hall offices shall be closed for purposes of transacting business on the following holidays:
Holiday Name City Hall Closed
January 1st (New Year’s Day) Monday, January 2, 2023
The third Monday in January (Martin Luther King Jr.) Monday, January 16, 2023 The third Monday in February (Presidents’ Day) Monday, February 20, 2023 The last Monday in May (Memorial Day) Monday, May 29, 2023 June 19 (Juneteenth National Independence Day) Monday, June 19, 2023 July 4th (Independence Day) Tuesday, July 4, 2023
The first Monday in September (Labor Day) Monday, September 4, 2023 November 11th (Veterans Day) Friday, November 10, 2023
Fourth Thursday in November (Thanksgiving Day) Thursday, November 23, 2023 Friday following Thanksgiving Day Friday, November 24, 2023 December 25 (Christmas Day) Monday, December 25, 2023
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Cathedral City Page 1 of 3 Printed on 11/3/2022
Staff Report
City Council
Item No. 7.A
Meeting Date: November 9, 2022
From: Charles McClendon, City Manager
Title: First Reading of an Ordinance Adding Chapter 8.62 (Historic Preservation) to the Cathedral City Municipal Code
RECOMMENDATION:
To introduce and provide first reading for an Ordinance, and waive reading beyond the title, adding Chapter 8.62 - Historic Preservation - to the Cathedral City Municipal Code.
BACKGROUND:
The Historic Preservation Committee met on September 21, 2021 and d uring that meeting the draft historic preservation ordinance was introduced and a discussion was led by Chairperson John Rivera, who prepared the original draft. The Committee members agreed to further review the draft, submit any suggested revisions to s taff and come to the next meeting prepared to further discuss the draft ordinance. Staff reviewed the comments submitted and conducted a review of the ordinance, revised the draft to incorporate suggestions made by committee members and by staff.
The Com mittee met again on October 26 , 2021 and further reviewed the draft ordinance. It was suggested the Tribal Historic Preservation Office (THPO) of the Agua Caliente Band of Cahuilla Indians should also review and comment on the draft. The City Manager and Committee Member Charlotte Hunter -Copper met with officials from the THPO on November 2, 2021. They suggested some language similar to what the Tribe provided for the Palm Springs ordinance and that has been incorporated into the draft as well.
On November 30, 2021, the Committee met and voted to forward the draft ordinance to the City Council with a recommendation for approval. Subsequently the ordinance as approved by the Committee was forwarded to the THPO for final review and for consideration by the Tribal Council. Later in the spring, further comments were received back from the Tribe and have been incorporated in the draft ordinance, which has now been reviewed and formatted by the Cathedral City Attorney’s office.
The Historic Preservation Commi ttee met again on August 23, 2022 to review the final revisions made to the ordinance as a result of the ACBCI review. The committee voted unanimously to forward the ordinance to Council with a recommendation for approval.
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The draft ordinance was present ed to the City Council during a study session on September 14, 2022. Council and the City Attorney had some concern that it needed to be clearer in the ordinance that the review process was initiated through an application from the property owner and also suggested some formatting changes to improve the flow of the ordinance related to the review and approval processes. Council asked the City Attorney to make the recommended revisions and then to refer the ordinance back to the Historic Preservation Committee for a final review.
The Historic Preservation Committee met on October 25, 2022 to review the proposed revisions to the ordinance and to discuss the outstanding issue of how to deal with historic districts. Patricia Garcia, the ACBCI Historic Preser vation Officer, spoke during the meeting and expressed tribal support for the ordinance. Ultimately the Committee voted to forward the revised ordinance to the Council with a recommendation for approval and to remove all reference to historic districts. The Committee felt they would like to get the ordinance itself put into place and they could discuss issues related to historic districts in further detail in the future.
DISCUSSION:
The intent of the ordinance is identified in the opening section:
This chapter is adopted for the purpose of recognizing historical events and people, preserving areas and specific buildings of the city which reflect elements of its cultural, social, economic, political, architectural and archaeological history. This chapter is intended to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of specific buil dings and sites for the education and welfare of the citizens.
The ordinance contains a definitions section designed to make it clear that historic preservation authority on tribal lands rests with the tribe not with the City.
The ordinance provides that the process for designating historic sites begins with an application from the property owner and outlines the documentation which must be submitted as part of the application. Upon receipt of a complete application by the property owner, City staff shall conduct or cause to be conducted such surveys, studies or investigations as it deems necessary to determine whether the subject property qualifies for a Historic Site designation. The applicant shall pay for all costs associated with such surveys, studies or investigations. The applicant may submit such surveys, studies or investigations with its application, and City staff shall determine whether any additional surveys, studies or investigations are necessary.
The ordinance also outlines the public hearin g and public notification processes required for both Historic Preservation Committee and City Council hearings.
FISCAL IMPACT:
Some staff time will be required to manage the application and designation process.
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The ordinance provides for the adoption of fees to recover the costs through a separate fee resolution.
ATTACHMENTS:
Historic Preservation Ordinance
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ORDINANCE NO. _______,
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CATHEDRAL CITY ADDING CHAPTER 8.62
(HISTORIC PRESERVATION) TO THE CATHEDRAL CITY
MUNICIPAL CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1 CEQA FINDING
The adoption of this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines which allows an exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, Section 15308 regarding actions taken by an agency pursuant to state law, and Section 15378 because “project” under CEQA does not include organizational or administrative activities of government that will not result in direct or indirect phys ical changes in the environment.
SECTION 2 ADDITION OF CHAPTER 8.62 TO THE CATHEDRAL CITY
MUNICIPAL CODE
A new Chapter 8.62 (Historic Preservation) is added to the Cathedral City Municipal Code to read as shown in Exhibit A.
SECTION 3 SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.
SECTION 4 EFFECTIVE DATE
This Ordinance shall take effect thirty (30) days after its second reading and adoption by the City Council.
SECTION 5 POSTING
The City Clerk shall, within fifteen (15) days after passage of this Ordinance, cause it to be posted in at least three (3) designated public places; shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its
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certification, together with proof of posting, to be entere d in the Book of Ordinances of this City.
SECTION 6 CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the ____ day of _____________, 2022, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
______________________________
Ernesto Gutierrez, Mayor
ATTEST:
____________________________
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
_________________________________
Eric S. Vail, City Attorney
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) Chapter 8.62 HISTORIC PRESERVATION
Article I. General Provisions
8.62.010 Purpose and intent.
This chapter is adopted for the purpose of recognizing historical events and people, preserving areas and specific buildings of the city which reflect elements of its cultural, social, economic, political, architectural and archaeological history. This chapter is intended to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of specific buildings and sites for the education and welfare of the citizens.
8.62.020 Definitions.
“Allotted Trust Land” shall mean any real property located on the Reservation owned by any member of the Tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States or any real property located on the Reservation owned by a member of any other federally recognized Indian Tribe that is held in trust by the United States.
“Historic Preservation Committee” means the Committee as established in Chapter
2.31 of the Cathedral City Municipal Code.
“Class 1” shall refer to a Historic Site that exists as it did during the historical period, or is restorable to that condition.
“Class 2” shall refer to a Historic Site that contains a modern (non-historic) structure, a use that is different than the use of the site during the historical period, or contains buildings, structures or uses from the historical period that are unusable, nonconforming, or unrestorable.
“Class 3” shall refer to a Historic Site that contains buildings or structures constructed more than 50 years ago (or the construction date cannot be confirmed) but that do not qualify as a Class 1 or Class 2 Historic Site.
“Demolition” shall mean the total tearing down or destruction of the building envelope as described in the State Energy Code, as may be amended from time to time. “Historic Site” shall mean any real property, excluding Tribal Trust or Allotted Trust Land, such as: a building; a structure, including but not limited to archways, tiled areas and similar architectural elements; an archaeological site or object that is determined to be unique or significant pursuant to the procedures in this chapter because of its location, design, setting, materials, workmanship or aesthetic effect and:
A. That is associated with events that have made a meaningful contribution to the
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) nation, state or community; or
B. That is associated with lives of persons who made meaningful contribution to national, state or local history; or
C. That reflects or exemplifies a particular period of the national, state or local history; or
D. That embodies the distinctive characteristics of a type, period or method of construction; or
E. That presents the work of a master builder, designer, artist, or architect whose individual genius influenced his/her age; or that possesses high artistic value; or F. That represents a significant and distinguishable entity whose components may lack individual distinction; or
G. That has yielded or may be likely to yield information important to national, state or local history or prehistory.
“Reservation Fee Land” means real property located on the Reservation owned by members of the Tribe or non-members, which is not held in trust by the United States or subject to a restriction against alienation imposed by the United States. “Reservation” means the Agua Caliente Indian Reservation and includes all lands within the exterior boundaries of the Reservation as established by Presidential Executive Order, federal patent or deed, and any other lands beyond the exterior boundaries of the Reservation held in trust by the United States for the Tribe or its members.
“Tribal Trust Land” means any real property located on the Reservation owned by the Tribe that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States.
“Tribe” means the Agua Caliente Band of Cahuilla Indians, a federally-recognized Indian tribe.
Article II. Procedure to Obtain Historic Designation
8.62.100 Application Required.
The owner of property, or their authorized representative, may submit an application to designate their property, or a portion thereof, as a Historic Site.
Application shall be made upon such forms as may be required by the City, and the application shall be accompanied by such application fee as may be established by
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) resolution of the City Council. At a minimum, the application shall contain the following information:
A. A report that describes how the proposed site, structure, building or object is eligible and appropriate for designation under this Section. The report shall include at a minimum:
1. Photographs of the exterior of the proposed site, structure, building or object;
2. Information about the architect(s), designer(s), planner(s), and/or developers of the proposed site, structure, building or object;
3. Date and method of construction of any structure, building or object upon the proposed site;
4. A description of the character-defining features of the site, structure, building or object, such as materials, architectural or landscape elements, architectural style, and other relevant descriptors;
5. Ownership and address history; and
6. Identify the source of the information provided in the application, such as building permit numbers, publications, organizations or individuals.
B. Notarized signatures of all property owners of the property.
C. Any other documentation or research as may be deemed necessary to determine the qualifications of the site, structure, building or object for historic designation.
8.62.110 Investigation and study.
Upon receipt of a complete application by the property owner pursuant to this section, City staff shall conduct or cause to be conducted such surveys, studies or investigations as it deems necessary to determine whether the subject property qualifies for a Historic Site designation. The applicant shall pay for all costs associated with such surveys, studies or investigations. The applicant may submit such surveys, studies or investigations with its application, and if so City staff shall determine whether any additional surveys, studies or investigations are necessary.
8.62.120 Public hearing by Historic Preservation Committee.
The Historic Preservation Committee shall hold a public hearing to recommend to the city council whether property shall be designated as a Historic Site (Class 1, Class 2 or Class 3). Notice of the public hearing shall be given as provided herein. The committee’s recommendation shall be based upon findings, supported by substantial
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) evidence in the record, that the property meets one or more of the criteria for a Historic Site designation, as listed in the definition of Historic Site in Section 8.62.020 paragraphs A-G. If the Committee finds that the property meets the criteria for Historic Site designation, it shall also make a finding as to whether the property meets the criteria for a Class 1, Class 2, or Class 3 Historic Site designation.
8.62.130 Public hearing by city council.
Upon receipt of a recommendation from the Historic Preservation Committee, the city council shall hold a public hearing to consider the recommendation and determine whether to designate property as a Historic Site (Class 1, Class 2, or Class 3). Notice given in the same manner and to the same persons as required for the public hearing before the Historic Preservation Committee. The City Council’s determination shall be based upon findings, supported by substantial evidence in the record, that the property meets one or more of the criteria for a Historic Site designation, as listed in the definition of Historic Site in Section 8.62.020 paragraphs A-G. If the Council finds that the property meets the criteria for Historic Site designation, it shall also make a finding as to whether the property meets the criteria for a Class 1, Class 2, or Class 3 Historic Site designation.
8.62.140 Notice of public hearing.
A. Mailed notice of the public hearing shall be provided at least ten days prior to the hearing to the owners of all property lying within the area proposed to be designated as an Historic Site and within 300 feet of the outer boundaries of the area proposed to be designated as an Historic Site, and in addition to such mailed notice, notice of such hearing shall be published in a newspaper of general circulation within the city at least ten days prior to such hearing. If mailed notice as required above would result in notice to more than two hundred fifty persons, as an alternative to such mailed notice, notice may be given by placing a display advertisement in a newspaper of general circulation in the city, and by posting such notice in at least three conspicuous places within the proposed boundaries of the area proposed to be designated as an Historic Site.
B. Notice may be combined. Notice of public hearing before the city council may be combined with the notice of public hearing before the historic preservation committee; provided, that the date set for public hearing before the city council shall be not more than sixty days later than the date set for public hearing by the historic preservation committee. For good cause, the public hearing before the city council may be continued from time to time, without further published notice, by announcing that fact at the time and place set for the public hearing before the city council.
8.62.150 Findings and decisions—Resolution.
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) If the city council shall find that the purposes of this chapter are furthered by designation of property as a Historic Site, such findings shall be stated in a resolution designating such property within such Historic Site. From and after the adoption of such resolution, all property within such Historic Site shall be subject to the rules and regulations governing the demolition, preservation, rehabilitation or alteration of Historic Sites. A copy of the resolution shall be recorded in the records of the Riverside County Clerk-Recorder against the property designated as a Historic Site.
8.62.160 Markers for designated Historic Sites.
A. The City Council, upon recommendation from the Historic Preservation Committee, may require Historic Sites to be marked with uniform and distinctive markers as a part of the decision to approve an application to establish a Historic Site. The markers shall be of a design approved by the planning commission with prior review and recommendations by the public arts commission and parks and community events commission.
B. As a courtesy, notice may be given to the Riverside County historical commission, the Tribal Historic Preservation Officer and the California Department of Parks and Recreation (Office of Historic Preservation) regarding the proposed location of markers prior to installation to permit recommendations by those agencies.
Article III. Rules and Regulations for Historic Sites
8.62.200 Certificate of Appropriateness Required.
No person may undertake any of the following within or upon a Historic Site without a Certificate of Appropriateness from the Historic Preservation Committee:
A. Construction of a new structure;
B. The moving, demolition or alteration of an existing structure in any manner which affects the exterior appearance of the structure;
C. A change in land use which affects the exterior appearance of a structure; D. The erection, remodeling or replacing of a sign which affects the exterior appearance of a structure.
8.62.210 Application for Certificate of Appropriateness.
The owner of a Historic Site who desires to undertake any of the activity listed in Section 8.62.200 shall file an application for a Certificate of Appropriateness upon a form prescribed by the city. The application shall include all necessary information required by the rules of the Historic Preservation Committee. At a minimum, the
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) application shall be accompanied with the following documentation and information:
A. A brief description of the proposed demolition, alteration or new construction; B. Photographs of each exterior side of the structure or building to be demolished, altered or constructed;
C. Drawings for conceptual review of any demolition, alteration or new construction work;
D. Material samples and/or manufacturer’s brochures which show and describe the materials to be used in the alteration or new construction; E. A site plan showing the location of the proposed demolition, alteration or new construction work;
F. If signage is part of the proposed alteration work, drawings showing the specifications for the signage and demonstrating conformance to the City’s sign ordinance or approved sign program; and
G. Any other information which the city staff deems necessary to accurately describe the scope of alteration or new construction work proposed.
8.62.220 Findings for Approving Certificate of Appropriateness.
The Historic Preservation Committee shall make the following findings, as applicable, prior to approving a Certificate of Appropriateness:
A. For Class 1 or Class 2 Sites, that the proposed work does not significantly impact or materially impair a character-defining features of the Historic Site, or, where a character-defining feature may be impacted, the proposed work minimizes that impact as much as possible;
B. For Class 1 or Class 2 Sites, that the proposed work will assist in restoring the Historic Site to its original appearance where applicable, or will substantially aid its preservation or enhancement as a historic resource;
C. For Class 1 or Class 2 Sites, that any additions to the Historic Site are consistent with the massing, proportions, materials, and finishes of the existing historic resource, and: (i) can be distinguished from the existing Historic Site as may be appropriate; or (ii) are indistinguishable from the Historic Site as may be appropriate, and where such alterations are clearly documented in the City’s archival file for the Historic Site as being non-original to the Historic Site;
D. For Class 3 Sites, there is no evidence that the Historic Site meets the criteria for designation as a Class 1 or Class 2 Historic Site.
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E. If federal funds are to be utilized in financing the proposed alterations, the alterations are consistent with the Standards for the Treatment of Historic Properties, as put forth by the U.S. Secretary of the Interior.
F. If the applicable findings above cannot be made, a Certificate of Appropriateness may still be approved if one of the following findings are made:
1. The retention of the structure constitutes a hazard to public safety and the hazard cannot be eliminated by economic means available to the owner; or
2. The structure is a deterrent to a major improvement program which substantially benefits the city; or
3. Retention of the structure causes an undue hardship to the owner; or
4. Retention of the structure is not in the interest of the majority of the inhabitants of the city.
8.62.230 Action restricted to exterior features.
The Historic Preservation Committee shall consider and pass upon only the exterior features of a structure in determining whether to approve an application for a Certificate of Appropriateness and may not consider the interior arrangement of the structure. The committee may not disapprove applications except in regard to the considerations set forth in this chapter and in rules and regulations adopted by the committee pursuant to this chapter.
8.62.240 Procedure upon application.
A. Upon the filing of a complete application, city staff shall review the application and supporting materials and prepare a report and recommendation for review by the Historic Preservation Committee.
B. The Historic Preservation Committee shall consider the report and recommendation by city staff, along with any other testimony and evidence, at a public hearing noticed as provided in Section 8.62.140, and determine whether the findings required by Section 8.62.220 can be made. The Historic Preservation Committee shall either approve, approve with modifications, or deny the requested Certificate of Appropriateness.
C. Any person aggrieved by an action of the Historic Preservation Committee may appeal the decision to the city council in the manner provided in Section 2.04.100 of this code
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) D. No person may do any work upon a structure which is a subject of an application until a Certificate of Appropriateness is approved.
8.62.250 Limit on applications.
No application for the same or similar work may be filed within one year after the committee has rejected it.
8.62.260 Exceptions.
The regulations contained in this chapter do not apply to routine maintenance or repair to restore a structure as near as possible to its original condition after decay, injury, dilapidation or partial destruction of a structure upon an Historic Site, provided said maintenance or repair does not exceed one percent of the assessed value of the property.
8.62.270 Preexisting building permits.
This chapter does not apply to construction, alteration, moving or demolition of a structure started under a building permit issued before the effective date of this chapter.
8.62.280 Violation - Penalties.
Any person who violates a provision of this chapter is guilty of an infraction. The City may take action to enforce the provisions of this chapter as provided for in Title 13 of this Code, including but not limited to the issuance of an administrative citation.
8.62.290 Violation – Withholding Future Permits.
In addition to the above, if the City Manager or their designee determines, based upon substantial evidence, that a violation of this chapter has occurred, the City Manager or designee shall issue their written notice of decision to the owner of the site upon which the violation occurred, as well as to all applicable City departments.
Thereafter, the City shall not issue building, demolition or any other development permits for the site upon which the violation occurred for a period of three (3) years from the date of the notice of determination. The notice of determination may be appealed pursuant to Section 2.04.100 of this code. This restriction shall not apply to permits that must be issued by the City to the owner of the site in order to comply with applicable Federal, State or local law. Once a determination is final, the City Manager or designee shall record a notice to this effect with the Riverside County Recorder’s Office. A final and recorded determination pursuant to this section shall run with the land and be binding upon all owners, lessees, affiliates, agents, successors and assigns seeking a building, demolition or other development permit for the subject site.
8.62.310 Compliance with other laws.
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) The provisions of this chapter are separate from and additional to all other requirements of law, including but not limited to compliance with other ordinances and codes of the city, conditions of approval of land use permits and architectural review and approval. Neither a recommendation of approval nor any other provisions of this chapter shall be deemed to relieve the owner or applicant from full compliance with any such laws, ordinances, codes or conditions.
8.62.320 Stay of Demolition or Alteration
A. If at any time the City has reason to believe that any activity listed in Section
8.62.200 is occurring without the prior issuance of a Certificate of Appropriateness, the City’s Building Official may issue an order staying all construction activity on the property until such time as a Certificate of Appropriateness is obtained or a determination is made by the City that no Certificate of Appropriateness is required for the work to be performed. The property owner shall have thirty days from the date the stay order is issued to either apply for a Certificate of Appropriateness or appeal the stay order on the grounds that no Certificate of Appropriateness is required. Any such appeal shall first be heard by the Historic Preservation Committee and may be further appealed to the City Council as provided for in Section 8.64.240.
B. Upon the issuance of a stay order, no permit shall be given for the demolition or exterior alteration of any structure on the subject site, and any such permit previously issued shall forthwith be revoked; provided, however, that a stay order shall not prevent the performance of any repairs, demolition, or removal necessary for the protection of public health or safety, and ordered by the Building Official of the City.
Article IV. Acknowledgement of Tribal Authority
8.62.400 Tribal Authority over the Designation of Historic Sites Located on Tribal Trust and Allotted Trust Lands.
The designation of historic resources for Tribal Trust Lands and Allotted Trust Lands shall be the sole authority of the Tribe. Requests for designation on Tribal Trust and Allotted Trust Lands received by the City shall be forwarded directly to the Tribe’s Historic Preservation Officer for review and determination of whether the historic resource meets the criteria for inclusion on the Agua Caliente Tribal Register of Historic Places pursuant to Tribal law. No action may be taken by the City on requests for designation of Historic Sites on Tribal Trust or Allotted Trust Lands.
8.62.410 Tribal Review of Applications for Historic Designation (Reservation Fee Land).
As a means of promoting coordination of historic preservation activities between the City and the Tribe, all applications for the designation of Historic Sites located on
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) Reservation Fee Land shall be forwarded to the Tribe’s Historic Preservation Officer for review and recommendation. The Historic Preservation Committee and City Council shall consider the recommendation of the Tribe’s Historic Preservation Officer, where a recommendation is provided, prior to taking action on the application for historic designation.
8.62.420 Demolition or Alteration of Class 1 or Class 2 Buildings (Reservation Fee Land, Tribal Trust Land, Allotted Trust Land).
Any application for demolition or alteration of a Class 1 or Class 2 building located on Reservation Fee Land shall be forwarded to the Tribe’s Historic Preservation Officer for review and recommendation. The City shall consider the recommendation of the Tribe’s Historic Preservation Officer, where a recommendation is provided, prior to taking action on the application. The approval of demolition or alteration of Class 1 or Class 2 buildings located on Tribal Trust and Allotted Trust Lands shall be the sole authority of the Tribe. Requests for demolition or alteration on Tribal Trust and Allotted Trust Lands received by the City shall be forwarded directly to the Tribe’s Historic Preservation Officer for review and determination. No action may be taken by the City on requests for demolition or alteration of Class 1 or Class 2 buildings on Tribal Trust or Allotted Trust Land.
Article V. Procedures for Removal or Downgrading of Historic Designation
8.62.500 Applicability
The procedures contained in this Article V shall apply if a property owner seeks to have a Historic Site designation approved by the city council pursuant to this Chapter removed from their property, or having its designation as a Class 1 or 2 Historic Site downgraded. The city council does not have the authority to remove a historic designation approved by any other governmental agency or body.
8.62.510 Application Required.
The owner of property, or their authorized representative, may submit an application to remove the designation of their property, or a portion thereof, as a Historic Site, or to have their property’s Historic Site class downgraded. Application shall be made upon such forms as may be required by the City, and the application shall be accompanied by such application fee as may be established by resolution of the City Council.
8.62.520 Investigation and study.
Upon receipt of a complete application by the property owner pursuant to this section, City staff shall conduct or cause to be conducted such surveys, studies or investigations as it deems necessary to determine whether the subject property qualifies for a Historic Site designation. The applicant shall pay for all costs associated with such
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Attachment: Historic Preservation Ordinance (3493 : Historic Preservation Ordinance) surveys, studies or investigations.
8.62.530 Public hearing by Historic Preservation Committee.
The Historic Preservation Committee shall hold a public hearing to recommend to the city council whether property shall be have its designation as a Historic Site (Class 1, Class 2 or Class 3) removed, or downgraded. Notice of the public hearing shall be given as provided in Section 8.62.140. The committee’s recommendation shall be based upon findings, supported by substantial evidence in the record, that the property does not meet any of the criteria for a Historic Site designation, as listed in the definition of Historic Site in Section 8.62.020 paragraphs A-G. If the Committee finds that the property still meets the criteria for Historic Site designation, it shall also make a finding as to whether the property meets the criteria for a Class 1, Class 2, or Class 3 Historic Site designation.
8.62.540 Public hearing by city council.
Upon receipt of a recommendation from the Historic Preservation Committee, the city council shall hold a public hearing to consider the recommendation and determine whether to remove the designation as a Historic Site (Class 1, Class 2, or Class 3), downgrade the designation. Notice shall given in the same manner and to the same persons as required for the public hearing before the Historic Preservation Committee.
The City Council’s determination shall be based upon findings, supported by substantial evidence in the record, that the property does not meet any of the criteria for a Historic Site designation, as listed in the definition of Historic Site in Section 8.62.020 paragraphs A-G. If the Council finds that the property still meets the criteria for Historic Site designation, it shall also make a finding as to whether the property meets the criteria for a Class 1, Class 2, or Class 3 Historic Site designation.
8.62.550 Findings and decisions—Resolution.
The decision of the City Council shall be adopted by resolution. If the Council removes the Historic Site designation, from and after the adoption of such resolution the property shall no longer be subject to the rules and regulations governing the demolition, preservation, rehabilitation or alteration of Historic Sites. A copy of the resolution shall be recorded in the records of the Riverside County Clerk-Recorder against the property.
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Staff Report
City Council
Item No. 7.B
Meeting Date: November 9, 2022
From: Robert Rodriguez, Director of Planning/Building
Title: 2022 Building and Fire Codes Adoption
RECOMMENDATION:
1) Introduce and provide first reading, by title only (waiv ing further reading), of an ordinance adopting the 2022 editions of the California Building and Fire Codes with the requisite findings in support of local additions and amendments to the codes; and 2) Schedule a public hearing date of November 30, 2022 to consider adoption of the ordinance pursuant to Government Code Section 50022.3.
BACKGROUND:
On January 1, 202 3, the State of California will mandate the implementation of a complete set of new building and fire codes based on the latest national and international model building and fire codes. These codes, known as the California Building Standards Code (BSC), and as Title 24 of the California Code of Regulations, were published in July 2022. While many of the national model code standards have been incorporated into the BSC, it is the BSC that applies in all parts of California, not the model codes.
Unless the City adopts amendments on or prior to that date, t he new codes will be effective in Cathedral City on January 1, 202 3 and are immediately applica ble to all building permits submitted after that date.
The City is permitted to adopt local additions and amendments to the Building Standards Code, provided the additions and amendments are based on findings that the additions and amendments are necessar y due to local climatic, topographic, or geological conditions.
Any additions and amendments adopted by the City are not effective until copies of both the express findings and the additions and amendments, with the additions and amendments expressly mark ed and identified as to the applicable findings, have been filed with the California Building Standards Commission (CBSC).
DISCUSSION:
The Codes
The California Building Standards Code (BSC) is a compilation of three types of building
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standards from three different origins:
• Building standards that have been adopted by state agencies without change from building standards contained in national model codes.
• Building standards that have been adapted and adopted from the national model code standards to meet California conditions.
• Building standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address specific California concerns.
Purpose of the Ordinance
The purpose of the proposed ordinance is to adopt the 2022 Building and Fire Codes and make the requisite findings regarding the local climatic, topographic, or geological conditions that require the adoption of more restrictive standards than provided in the BSC and to adopt the additions, deletions and/or amendments proposed by the City's Chief Building Official and Fire Chief.
Findings:
1. The City of Cathedral City has an arid desert climate with annual rainfall of approximately 3 inches. Temperatures exceed 100°F on average for four months of the year, with daily highs near 110°F during July and August. Surface area temperatures exceeding 160°F degrees are common. Additionally, the area is subject to hot, dry winds during most months of the year. These hot, d ry, windy climate conditions increase fire danger by drying and pre -heating combustible material and by fostering spontaneous combustion of flammable material. These conditions can hasten the spread and heighten the intensity of fires, thus creating a need for an increased level of fire protection. The fire dangers that result from these desert conditions can be mitigated by: (i) requiring the installation of the proposed on-site fire protection systems; (ii) mandating use of clay or concrete tiles as roofi ng material because clay and concrete is more fire -resistive than other roofing materials permitted under the BSC; and (iii) prohibiting the use of aluminum and copper -coated aluminum wiring smaller than size 1/0 (one -aught) gauge because the smaller gauge aluminum wiring is more likely to fail under the desert conditions and result in mechanical failure which can lead to fires, electrical shocks and other hazardous conditions.
2. Cathedral City is located on or near several significant sources that have the potential to cause moderate to large earthquakes: San Andreas Fault Zone, Garnet Hill Fault, San Jacinto Fault, East Mojave Shear Zone, and Pinto Mountain Fault. Severe seismic activity could disrupt communications, damage gas mains, cause extensive electr ical hazards, and place extreme demands on the limited and widely dispersed resources of the City's Fire Department.
Requiring the installation of on -site fire protection systems including automatic fire sprinkler systems and the other proposed fire protec tion measures described above can partially mitigate the demand for fire protection services following a severe seismic event, resulting in improved fire safety for building occupants and the community at-large.
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3. Elevations within the City limits ranges fr om 270 feet in the eastern portions of the City adjacent to the Whitewater River to 1,360 feet in the mountains in the most Northern boundaries of the City. Topography extends from flat to 6% slope for habitable land. Traffic and circulation congestion to buildings located in the commercial areas of the City often slows fire department response time to emergencies. Requiring the installation of on -site fire protection systems and the other proposed fire protection measures will supplement normal fire depart ment response in new developments and result in improved life safety and fire protection for building occupants and the community at large during fire occurrence.
4. On March 28, 2022, Governor Newsom issued Executive Order N-7-22 aimed at water conservation due to extreme and expanding drought conditions throughout the State of California. As a result of th e continuing water emergency in California, the City must take extensive steps to reduce the consumption of water, including its dependency on large volum es of water for fire suppression.
Requiring the installation of on -site fire protection systems and the other proposed life safety and fire protection measures will provide an increased level of community protection and reduce the City's dependency on larg e volumes of water for fire suppression.
5. The local climatic, geological, and topographical conditions identified above create a heightened fire danger that requires the adoption of stringent fire protection measures. If not amended, the California Buildin g and Fire Codes would permit the construction within the City of many new buildings and structures and the improvement of many existing buildings without on -site fire protection systems, with roofing materials other than clay or concrete tile, and with al uminum and copper -coated aluminum wiring smaller than size 1/0 (one - aught) gauge.
6. The City Council therefore finds that the additions and amendments to the 2022 California Building and Fire Codes set forth herein, in addition to those previously adopted ( effective January 1, 2020) afford more stringent requirements for fire protection than required by the State and that such additions and amendments are necessary for the protection of the public's health, welfare and safety.
Code Updates
The 2022 CA Buil ding and Residential Codes are locally amended and include the following:
1. CBC Section 105.2 - Reduces the height requirement for fence permits from over seven feet to over three feet.
2. CBC Section 105.3.2 - Adds plan submittal requirements once the plan check application has expired.
3. CBC Section 105.5 - Extends the validity of a permit from time of issuance from
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180 days to one year. Adds requirements for permit renewal once permit has expired.
4. CBC Section 105.8 - Adds a requirement that on other than R-3 and U occupancies, permits shall only be issued to California licensed contractors.
5. CBC Section 1505.1 - As adopted in past Code cycles, this Section adds the requirement for clay or concrete tile roofs on residential structures where the roof pitch design is 2½ units vertical to 12 units horizontally.
6. CRC Section R303.11 - Adds a requirement for air conditioning in all habitable rooms.
The 2019 Fire Code is locally amended as follows:
1. Section 903.2 - Revise the method for buildings to be protec ted by an automatic fire sprinkler system. Previously the method required buildings to be automatic fire sprinkled if a 1,500 gallons per minute or greater fire flow was necessary.
The new method requires buildings when an aggregate fire area under the ro of exceeds 3,000 square feet to be automatic fire sprinkled. The new method will not require “light hazard” buildings to be fire sprinkled such as car washes, convenience stores and small restaurants.
2. Section 106.2.3 - Eliminate a previous requirement fo r the sale or transfer of a residential property in Cathedral City to be inspected by the fire department, to ensure functioning smoke alarms, a posted address and no window bars on bedroom windows, prior to the close of escrow.
3. Section 901 - Existing non -conforming buildings shall comply with all the fire safety requirements for a newly constructed building or structure under the following circumstances:
a. When the floor area in an existing non -conforming building is increased greater than fifty (50) perce nt of the total square footage of the original building.
b. When a change in occupancy occurs in an existing non conforming building which, in the opinion of the Fire Chief or Chief Building Official, significantly changes the use of the building.
c. When stru ctural repairs and/or alterations are made to an existing non - conforming building which exceeds fifty (50) percent aggregate replacement of the total square footage of the original building
Section 5608 - Prohibits the sale and discharge of “Safe and Sane ’ fireworks in Cathedral City from June 28 – July 4 annually. The discharge of all consumer fireworks is prohibited year-round.
FISCAL IMPACT:
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The adoption of this ordinance is not anticipated to have a significant fiscal impact on the City’s budget.
ATTACHMENTS:
Ordinance
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY AMENDING TITLE 8 OF THE CATHEDRAL CITY MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 20 22 CALIFORNIA BUILDING STANDARD S CODE AND CERTAIN SPECIFIED APPENDICES THEREOF, INCLUDING THE 20 22 CALIFORNIA BUILDING CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA FIRE CODE, 2022 CALIFORNIA ENERGY CODE, 20 22 CALIFORNIA GREEN BUILDING STANDARDS CODE, 20 22 CALIFORNIA RESIDENTIAL CODE, 20 22 CALIFORNIA EXISTING BUILDING CODE, 20 22 HISTORICAL BUILDING CODE, 20 21 INTERNATIONAL PROPERTY
MAINTENANCE CODE , AND MAKING CERTAIN FINDINGS IN SU PPORT OF SPECIFIC ADDITIONS, DELETIONS AND/OR AMENDMENTS THERETO.
WHEREAS, the State has adopted and approved the 20 22 edition of the California Building Standards Code (Code), which are published in Title 24 of the California Code of Regulations and are based on the latest national, uniform and international model building codes; and
WHEREAS, the Code was published in J uly 20 22 and will become effective and applicable to any building or structure for which application for a building permit is made on or after January 1, 2023; and
WHEREAS, pursuant to the California Building Standards Law (Health & Safety Code section 18 941.5(b), the City is permitted to adopt amendments to the Code provided the amendments are more restrictive than the State adopted standards and are supported by findings of the City Council that the amendments are necessary due to local climatic, topographic or geological conditions; and
WHEREAS, on November 9, 202 2, the City Council of the City of Cathedral City conducted a duly noticed public hearing to consider certain amendments to the building and construction standards set forth as Title 24 of the California Code of Regulations, which were proposed by the City's Building and Fire Officials as more stringent than the standards established by the Code and reasonably necessary to protect the health, welfare and safety of the citizens of Cathedral City because of local climatic, topographic and geological conditions; and
WHEREAS, at the conclusion of the public hearing at which evidence was presented and duly considered, the City Council found that the amendments recommended by the Building and Fire Officials were reasonably necessary to protect the health, welfare and safety of the citizens of Cathedral City because of local climatic, topographic and geological conditions.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS:
Section 1. FINDINGS
A. The following findings are made in support of the adoption of more stringent fire protection measures than those provided under the California Building Standards Code:
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1. The City of Cathedral City has an arid desert climate with annual rainfall of approximately 3 inches. Temperatures exceed 100° Fahrenheit on average for four months of the year, with daily highs near 110° Fahrenheit during July and August. Surface area tempera tures exceeding 160° Fahrenheit are common. Additionally, the area is subject to hot, dry winds during most months of the year. These hot, dry, windy climate conditions increase fire danger by drying and pre- heating combustible material and by fostering spontaneous combustion of flammable materials. These conditions can hasten the spread and heighten the intensity of fires, thus, creating a need for an increased level of fire protection. The fire dangers that result from these desert conditions can be mitigated by: (i) requiring the installation of the proposed on-site fire protection systems; (ii) mandating the use of clay or concrete tiles as roofing materials because clay and concrete are more fire -resistive than other roofing materials permitted under the Code; and (iii) prohibiting the use of aluminum and copper -clad aluminum wiring smaller than size one ought (1/0) because the smaller gauge aluminum wiring is more likely to fail under the desert conditions and result in mechanical failure which can lead to fires, electrical shocks and other hazardous conditions.
2. Cathedral City is located on or near several significant seismic zones that have the potential to cause moderate to large earthquakes: San Andreas Fault Zone, Garnet Hill Fault, San Jacinto Fault, East Mojave Shear Zone and Pinto Mountain Fault. Severe seismic activity could disrupt communications, damage gas mains, cause extensive electrical hazards, and place extreme demands on the limited and widely dispersed resources of the City's Fire Department. Requiring the installation of on-site fire protection systems including automatic fire sprinkler systems and the other proposed fire protection measures described above can partially mitigate the demand for fire protection services following a severe seismic event, resulting in improved fire safety for building occupants and the community at-large.
3. Elevation within the City limits ranges from 270 feet in the eastern portions of the City adjacent to the Whitewater River to 1,360 feet in the mountains in the most Northern boundaries of the City. Topography extends from flat to 6% slope for habitable land.
Traffic and circulation to buildings located in the commercial areas of the City often slows fire department response time to emergencies. Requiring the installation of on -site fire protection systems and the other proposed fire protection measures will supplement normal fire department response in new developments and result in improved fire safety for building occupants and the community at-large during fire occurrence.
4. On March 28, 2022, Governor Newsom issued Executive Order N-7-22 aimed at water conservation due to extreme and expanding drought conditions throughout the State of California. As a result of th e continuing water emergency in California, the City must take extensive steps to reduce the consumption of water, including its dependency on large volumes of water for fire suppression. Requiring the installation of on -site fire protection systems and th e other proposed life safety and fire protection measures will provide an increased level of community protection and reduce the City's dependency on large volumes of water for fire suppression.
5. The local climatic, geological and topographical conditions identified above create a heightened fire danger that requires the adoption of stringent fire protection measures.
If not amended, the California Building and Fire Codes would permit the construction within the City of many new buildings and structures and the improvement of many existing buildings without on-site fire protection systems, with roofing materials other than clay or concrete tile, and with aluminum and copper -clad aluminum wiring smaller than size one ought (1/0).
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6. The City Council therefore finds that the amendments set forth herein afford more stringent requirements for fire protection than required by the State and that such amendments are necessary for the protection of the public's health, welfare and safety.
Section 2. AMENDMENT OF CHAPTER 8.02 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Chapter 8.02 entitled "California Building Standards Code" is hereby amended to read as follows:
Chapter 8 .02
CALIFORNIA BUILDING STANDARDS CODE
8.02.010 California Codes Adopted without Amendment
The following codes have been adopted by the California Building Standards Commission ("Commission") and are applicable within the City, without local amendments:
A. 2022 California Energy Code. The 2022 California Energy Code is adopted by the Commission as Part 6 of Title 24 of the California Code of Regulations. The City adopts the 2022 California Energy Code without amendments.
B. 2022 California Historical Building Code. The 20 22 California Historical Building Code is adopted by the Commission as Part 8 of Title 24 of the California Code of Regulations.
The City adopts the 2022 California Historical Building Code without amendments.
C. 2022 California Existing Building Code. The 20 22 California Existing Building Code is adopted by the Commission as Part 10 of Title 24 of the California Code of Regulations. The City adopts the 2022 California Existing Building Code without amendments.
D. 2022 California Green Building Standards Code. The 20 22 California Green Building Standards Code is adopted by the Commission as Part 11 of the California Code of Regulations. The City adopts the 20 22 California Green Building Standards Code without amendments.
8.02.020 California and International Codes Adopted with Appendices and Amendments
The City adopts these other 2022 California and International Codes and Appendices, with the local additions, deletions and amendments provided in the following chapters:
Chapter 8.04 Adoption of the 2022 California Building Code and certain Appendices and Amendments
Chapter 8.08 Adoption of the 2022 California Mechanical Code and certain Appendices and Amendments
Chapter 8.10 Adoption of the 2022 California Plumbing Code with certain Appendices and Amendments
Chapter 8.12 Adoption of the 2022 California Fire Code and certain Appendices and Amendments
Chapter 8.14 Adoption of the 2022 California Electrical Code, with certain Appendices and Amendments
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Chapter 8.18 Adoption of the 2022 California Residential Code, with certain Appendices and Amendments
Chapter 8.20 Adoption of the 2021 International Property Maintenance Code, with certain Appendices and Amendments
Section 3. AMENDMENT OF CHAPTER 8.04 TO ADOPT THE 2022 CALIFORNIA
BUILDING CODE WITH AMENDMENTS
Chapter 8.04 of the Cathedral City Municipal Code is hereby re -titled as "California Building Code, 20 22 Edition" and is amended to provide more stringent fire protection requirements than required by the State which are necessary for the protection of the public's health, welfare and safety.
Chapter 8.04 California Building Code, 2022 Edition
8.04.010 California Building Code Adopted with Amendments
A. Except for the local amendments set forth herein, there is adopted by reference the California Building Code, 2022 Edition, which is based upon the 2021 International Building Code and is published by the California Building Standards Commission as Part 2 of Title 24 of the California Code of Regulations. A copy of the Code together with the local amendments is on file with the Building and Safety Division.
B. The California Building Code, 2022 Edition (hereinafter "Building Code") shall be the Building Code for the City and said Code together with the adopted appendices and the amendments set forth in this chapter shall apply to the construction, alteration, movement, enlargement, replacement, repair, e quipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the City of Cathedral City.
8.04.020 Modifications, Amendments and Deletions to the Building Code
A. The following modifications, amendments and deletions are made to the Building Code:
1. Paragraph 2 of the Building portion of Section 105.2 is amended to reduce the height of fences which are exempt from permit requirements:
Building:
2. Fences and walls not over 3 feet.
2. Paragraph 4 of section 105.2 is deleted to remove the exemption from permit requirements for retaining walls that are not over 4 feet in height measured from the bottom of the footing to th e top of the wall, unless supporting a surcharge or impounding Class I, II or lIl A liquids.
3. Section 105.3.2 is amended to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good
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faith or a permit has been issued; except that the building official is authorized to grant one or two extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
If the applicant submits a request for extension after the expiration date, the applicant shall resubmit plans and pay a new plan review fee. The application shall be subject to any new adopted laws, ordinances and regulations that became effective since the original application date.
4. Section 105.5 is amended to read as follows:
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work au thorized on the site by such permit is suspended, abandoned or without progress at time after the work is commenced for a period of 180 days. Progress shall further be defined as obtaining approval of one or more inspections required in accordance with Section 110 of this Code. Prior to a permit’s expiration and upon a written request of the applicant demonstrating and identifying circumstances beyond its reasonable control preventing completion of the work authorized by the permit , the building official may grant, in writing, an extension of time, for a period not to exceed 180 days.
Where a permit has expired, a new permit shall be required, and the reactivation fee shall be one -half (1/2) the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such expiration has not exceeded one (1) year.
Exception: Permits related to code enforcement action may be set for expiration dates of less than 180 days and are subject to the discretion of the building official.
5. Add new subsection 105.8, Permit issuance restrictions, to read as follows:
105.8 Permit issuance restrictions. Permits for electrical, mechanical, or plumbing work, on other than R -3 and associated U occupancies, shall only be issued to California licensed contractors.
6. Amend subsection 107.5, Retention of construction documents, to read as follows:
107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 90 days from date of completion of the permitted work, or as required by state or local laws.
7. Section 113.1 is amended to provide for the creation of the Board of Appeals:
113.1 General. In order to determine the suitability of alternate materials and methods of construction governed by this Building Code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall consist of three to five members who are qualified by experience and
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training to pass upon matters pertaining to building construction and who are not employees of the City of Cathedral City. Members of the Board of Appeals shall be appointed by the City Council and shall serve without compensation. Each member shall serve on the Board of Appeals for a term of 4 years. A member may be dismissed at any time during his or her term by a majority vote of the City Council. Vacancies shall be filled in the same manner as the original appointment. All matters before the Board of Appeals shall be administered by the Chief Building Official or his or her authorized representative. The Board of Appeals shall adopt reasonable rules and regulations for hearing appeals and conducting its business and such rules and regulations shall be freely accessible to the public. The Board of Appeals shall render all decisions and findings in writing with a duplicated copy to the applicant and may recommend to the City Council such new legislation as is consistent therewith.
8. Section 113.2 is amended to limit the authority of the Board of Appeals:
113.2 Limitations on authority. The Board of Appeals is created to hear an appeal based on a claim that the true intent of this code or the rules legally adopted have been incorrectly interpreted, the provisions of this code do not fully apply or to determine the suitability of alternate materials and methods of construction governed by this Building Code. The Board of Appeals shall have no authority to waive requirements of the Building Code.
9. Section 113.4 is added to provide for the filing of appeals:
113.4 Filing of appeals. All appeals shall be made in writing and shall specify the order, decision or determination made by the Chief Building Official which is being appealed and wherein the Chief Building Official erred in making the order, decision or determination. The appeal shall be accompanied by a fee as established b y the City Council. If, after reviewing the information submitted, the Chief Building Official determines the appeal does not merit a change in his or her order, decision, or determination, the Chief Building Official shall schedule a hearing by the Appeals Board and the appellant shall be notified in writing of the date and time of the hearing.
10. Section 114 is amended to provide for the enforcement of the Building Code:
Section 114 VIOLATIONS
114.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or to cause the same to be done, in conflict with or in violation of any provisions of this code. It shall be unlawful for any person to erect, construct, alter or repair a building or structure in violation of the approved construction documents or directive of the Chief Building Official or of a permit or certificate issued under the provisions of this code.
114.2 Public nuisance; Abatement. Any violation of this Building Code, including the adopted appendices, which results in a public nuisance pursuant to Chapter 13.80 of the City's Municipal Code may be abated
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in accordance with Title 13 of the City's Municipal Code.
114.3 Penalties. Any person who violates a provision of this Building Code, including the adopted appendices, or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Chief Building Official, or of a permit or certificate issued under the provisions of this Building Code shall be guilty of an infraction violation, and the violator shall be subject to t he provisions set forth in Chapter 13.65 (Infractions) of the City's Municipal Code, including, but not limited to, the imposition of any and all civil and criminal penalties set forth therein.
11. Section 116.1.1 is added to read as follows:
Section 116 UNSAFE STRUCTURES AND EQUIPMENT
116.1.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to maintain unsafe structures or equipment regulated by this code or cause the same to be done in conflict with or in violation of any provisions of this code.
12. Section 117 is added to require removal and disposal of trash and debris at building sites:
Section 117 REMOVAL AND DISPOSAL OF TRASH AND DEBRIS
117.1. Trash Containers. Trash container(s) shall be placed on each construction site and shall remain in place until construction is completed.
Each trash container shall be constructed of solid wood, metal or wire mesh and shall be a minimum of three cubic yards in capacity. Should wire mesh be utilized as a material for a construction site trash container, said container shall be framed to adequately support the wire mesh. The floor and cover of a container that is constructed of wire mesh shall be properly framed to provide adequate strength and support to withstand design loads and prevent breakage. Further, the lid for said container shall be hinged with a latching device that adequately secures the lid to the container while the container is not in use in order to prevent the lid from being blown open and/or off the c ontainer. The container shall be adequately anchored to prevent overturning by wind. Each container shall be provided with a hinged cover or lid which shall remain closed at all times while not in use.
When construction is being performed simultaneously on an adjoining lot by one owner or contractor, then both construction sites may be serviced by a single container, provided that in no event shall a single container be utilized by more than two such construction sites. Where construction sites are separated by one or more lots, separate containers are required for each site. It shall be the contractor's responsibility to ensure that no container is located on or within any public right-of-way. It shall be the contractor's responsibility to ensure that all containers under his or her control are emptied of all deposited materials placed within said container(s) at least once every week. It shall be the contractor's responsibility to remove or cause to be removed all deposite d materials within said container(s) as frequently as necessary to prevent overflowing of the container(s). A trash container shall be used at- all- times for storage of loose papers, cartons, bottles, cans, trash, and all other rubbish and debris. It shal l be the contractor's responsibility to ensure that all
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individuals who are employed by him or her or act under his or her direction and control, observe and obey all regulations set forth herein.
117.2. Inspections. A permit holder shall not be entitled to and a building inspector shall not perform any inspections, including a final inspection, of any phase of completed construction work if the construction site or general area thereof contains an accumulation of construction rubbish and debris. In-the-event that a building inspector is unable to conduct a requested inspection because of an accumulation of rubbish and debris, a re-inspection fee shall be paid to the City at the time of the request for re- inspection.
117.3. Definition. Rubbish and debris for the pur pose of this section includes, but is not limited to, stub ends of cut lumber, broken lumber and other scrap wood, scrap cement and plaster, scrap metal, paper cartons, wrappings, and other similar materials that result from the process of constructing a building or structure.
13. Section 502.1 is amended to read as follows:
502.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be 8 inches high for commercial and 4 inches high for residential with a minimum stroke width of 0.5 inch. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
14. Section 901.1 is amended to read as follows:
902.1 Scope. The provisions of this chapter and chapter 9 of the California Fire Code shall specify where fire protection and life safety systems are required and shall apply to the design, installation and operation of fire protection and life safety systems.
Where there is a conflict between this chapter and chapter 9 of the California Fire Code, the California Fire Code, as adopted with modifications, amendments and deletions by the City, shall be applicable.
15. Section 1505.1 of Chapter 15 of the Building Code is amended by adding an additional exception to require the installation of clay or concrete tile roofs for all new buildings of Group R and associated Group U occupancies:
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1505.1 General. Roof assemblies shall be divided into the classes defined below. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire -retardant- treated wood roof co verings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 based on the type of construction of the building.
Exception:
a. Skylights and sloped glazing that comply with Chapter 24 or Section 2610.
b. All new buildings of Group R and associated Group U occupancies that have a roof pitch of 2.5 units vertical in 12 units horizontal or greater shall have coverings of clay or concrete tile conforming to ASTM C 1167 and ASTM C 1492, respectively, and shall be installed in accordance with Table 1507.3.7.
16. Section 1506.4 is added to Chapter 15 of the Building Code to provide that roofs of additions and alterations to existing buildings may be roofed in the same roofing material as the original building unless other materials are required by the Chief Building Official:
1506.4 Additions and alterations. Roofs of additions and alterations to existing buildings may be roofed in the same roofing material as the original building unless other materials are required by the Chief Building Official.
17. Amend subsection 3109.1, General, to read as follows:
3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with the California Codes.
18. Add subsection 3109.2.1, Drowning prevention safety features, to read as follows:
3109.2.1 Drowning prevention safety features. Under section 115922, number (1) shall be required plus one of the other remaining six drowning prevention features. Where a wall of a group R, Division 3 occupancy (including attached garage) serves as part of the enclosure, numbers (4) or (5) shall be required as part of the enclosure.
Exception: Private pools and spas constructed within the fenced, gated and patrolled boundaries of a country club or similar fenced and gated residential development project are not required to be enclosed by a barrier, provided property complies with section 115922. (a).
8.04.040 Adoption of Other Appendices of the Building Code without Amendments.
There is adopted by reference and without amendment, the following appendices to the
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Building Code:
1. Appendix C: Agricultural Buildings
2. Appendix I: Patio Covers
3. Appendix J: Grading
4. Appendix P: Emergency Housing
Section 4 AMENDMENT OF CHAPTER 8.08 TO ADOPT THE 2022 CALIFORNIA
MECHANICAL CODE WITH CERTAIN APPENDICES AND AMENDMENTS
Chapter 8.08 of the Cathedral City Municipal Code is hereby re-titled as "California Mechanical Code, 2022 Edition" and is amended to read as follows:
Chapter 8.08
California Mechanical Code, 2022 Edition
8.08.010 California Mechanical Code Adopted
A. There is adopted by reference the California Mechanical Code, 2022 Edition, which is based on the 2021 Uniform Mechanical Code and is published by the California Building Standards Commission as Part 4 of Title 24 of the California Code of Regulations. A copy of the Code together with the local amendments is on file with the Building and Safety Division.
B. The California Mechanical Code, 20 22 Edition (hereinafter "Mechanical Code") shall be the Mechanical Code for the City and said Code together with the adopted appendices and the additions, deletions and amendments set forth in this chapter shall regulate and govern the requirements for the installation and maintenance of heating, ventilating, cooling, and refrigeration systems within the City as well as the issuance of permits and the collection of permit fees.
8.08.020 Modifications, Amendments and Deletions to the Mechanical Code
A. The following modifications, amendments and deletions are made to the Mechanical Code:
1. Section 102.5 is amended to read as follows:
Section 102.5 HEALTH AND SAFETY
102.5.1 Conditions. Equipment regulated by this Mechanical Code that is unsafe or that constitutes a fire or health hazard or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of equipment regulated by this Mechanical Code constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purpose of this section, an unsafe use.
102.5.2 Unlawful acts. It shall be unlawful and a violation of this Mechanical Code for any person, firm, or corporation to use equipment regulated by this code that is deemed unsafe or to engage in the unsafe use of such equipment.
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2. Section 104.5 is amended to read as follows:
104.5 Payment of fees. On buildings, structures, and mechanical systems or alterations requiring a permit under this code, a fee for each permit shall be paid as required, and in accordance with the fee schedule adopted by the City Council, a copy of which is on file with the Building and Safety Division.
3. Section 106.0 is amended to read as follows:
Section 106.0 VIOLATIONS
106.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, ex tend, repair, move, improve, remove, convert or demolish, equip, use or maintain mechanical systems or equipment regulated by this Mechanical Code or cause or permit the same to be done in violation of this code. It shall be unlawful for any person to erect, construct, alter or repair a mechanical system in violation of the approved construction documents or directive of the Chief Building Official or of a permit or certificate issued under the provisions of this code.
106.2 Public Nuisance; Abatement. Any violation of this Mechanical Code, including the adopted appendices, which results in a public nuisance pursuant to Chapter 13.80 of the City's Municipal Code may be abated in accordance with Title 13 of the City's Municipal Code.
106.3 Penalties. Any person who violates a provision of this Mechanical Code, including the adopted appendices, or fails to comply with any of the requirements thereof or who erects, constructs, alters, extends, repairs, moves, improves, removes, converts or demolishes, equips, uses or maintains mechanical systems or equipment in violation of the approved construction documents or directive of the Chief Building Official, or of a permit or certificate issued under the provisions of this code shall be guilty of an infraction violation, and the violator shall be subject to the provisions set forth in Chapter 13.65 (Infractions) of the City's Municipal Code, including, but not limited to, the imposition of any and all civil and criminal penalties set forth therein.
106.4 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, improve, remove, convert or demolish, equip, use or maintain mechanical systems or equipment regulated b y this Mechanical Code or cause or permit the same to be done in violation of this code. It shall be unlawful for any person to erect, construct, alter or repair a mechanical system in violation of the approved construction documents or directive of the Chief Building Official or of a permit or certificate issued under the provisions of this code.
106.5 Public Nuisance; Abatement. Any violation of this Mechanical Code, including the adopted appendices, which results in a public nuisance pursuant to Chapter 13.80 of the City's Municipal Code may be abated in accordance with Title 13 of the City's Municipal Code.
4. Section 107.0 is amended to establish the Board of Appeals for the Mechanical Code:
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107.1 General. The Board of Appeals established pursuant to Section 113 of the Building Code shall serve as the Board of Appeals for this Mechanical Code. The procedures established in CBC Section 113 for the filing of appeals shall be applicable to appeals filed pursuant to this Code.
5. Section 107.2 is amended to limit the authority of the Board of Appeals:
107.2 Limitations on authority. The Board of Appeals is created to determefine the suitability of alternate materials and methods of construction governed by this Mechanical Code. The Board of Appeals shall have no authority to waive requirements of the Mechanical Code.
8.08.030 Adoption of Other Appendices of the Mechanical Code without Amendments
There is adopted by reference and without amendment, the following appendices to the Mechanical Code:
Appendix B: Procedures to be Followed to Place Gas Equipment in Operation Appendix C: Installation and Testing of Oil (Liquid) Fuel-Fired Equipment Appendix G: Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design
Section 5. AMENDMENT OF CHAPTER 8.10 TO ADOPT THE 2022 CALIFORNIA
PLUMBING CODE WITH CERTAIN APPENDICES AND AMENDMENTS
Chapter 8.10 of the Cathedral City Municipal Code is hereby re-titled as “California Plumbing Code, 2022 Edition" and is amended to read as follows:
Chapter 8.10
California Plumbing Code, 2022 Edition
8.10.010 California Plumbing Code Adopted
A. There is adopted by reference the California Plumbing Code, 2022 Edition, which is based on the 2021 Uniform Plumbing Code and is published by the California Building Standards Commission as Part 5 of Title 24 of the California Code of Regulations. A copy of the Code together with the local amendments is on file with the Building and Safety Division.
B. The California Plumbing Code, 20 22 Edition (hereinafter "Plumbing Code") shall be the Plumbing Code for the City and said Code together with the additions, deletions and amendments set forth in this chapter shall regulate and govern the requirements for the installation and maintenance o f plumbing and the issuance of permits and collection of permit fees.
8.10.020 Modifications, Amendments and Deletions to the Plumbing Code
A. The following modifications, amendments and deletions are made to the Plumbing Code:
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1. Section 104.5 is amended to read as follows:
104.5 Permit fees. On buildings, structures, and plumbing systems or alterations requiring a permit under this code, a fee for each permit shall be paid as required, in accordance with the fee schedule adopted by the City Council, a copy of which is on file with the Building and Safety Division.
2. Section 203.0 is revised to designate the City's Building Official and his/her designees as the Authority Having Jurisdiction:
203 Authority Having Jurisdiction. The City's Chief Building Official and his/her designees are designated as the Authority Having Jurisdiction for purposes of this Plumbing Code and wherever the term "Authority Having Jurisdiction" is used in this Code, it shall mean the City's Chief Building Official and his/her designees.
3. Section 106.0 is amended to read as follows:
106.0 Violations and Penalties
106.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, improve, remove, convert or demolish, equip, use or maintain plumbing systems or equipment regulated by this Plumbing Code or cause or permit the same to be done in violation of this code. It shall be unlawful for any person to erect, construct, alter or r epair plumbing in violation of the approved construction documents or directive of the Chief Building Official or of a permit or certificate issued under the provisions of this code.
106.2 Public nuisance; Abatement . Any violation of this Plumbing Code, includi ng the adopted appendices, which results in a public nuisance pursuant to Chapter 13.80 of the City's Municipal Code may be abated in accordance with Title 13 of the City's Municipal Code.
106.3 Penalties. Any person who violates a provision of this Plumbing Code, including the adopted appendices, or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs plumbing in violation of the approved construction documents or directive of the Chief Building Official, or of a permit or certificate issued under the provisions of this Code shall be guilty of an infraction violation, and the violator shall be subject to the provisions set forth in Chapter 13.65 (Infractions) of the City's Municipal Code, including, but not limited to, the imposition of any and all civil and criminal penalties set forth therein.
106.4 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, improve, remove, convert or demolish, equip, use or maintain mechanical systems or equipment regulated by this Mechanical Code or cause or permit the same to be done in violation of this code. It shall be unlawful for any person to erect, construct, alter or repair a mechanical system in violation of the approved construction documents or directive of the Chief Building Official or of a permit or certificate issued under the provisions of this code.
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106.5 Public Nuisance; Abatement. Any violation of this Mechanical Code, including the adopted appendices, which results in a public nuisance pursuant to Chapter 13.80 of the City's Municipal Code may be abated in accordance with Title 13 of the City's Municipal Code.
4. Section 107.0 is amended to establish the Board of Appeals for the Plumbing Code:
107.1 Board of Appeals. The Board of Appeals established pursuant to CBC Section 113 shall serve as the Board of Appeals for this Plumbing Code. The procedures established in Section 113 for the filing of appeals shall be ap plicable to appeals filed pursuant to this Code. The Board is created to determine the suitability of alternate materials and methods of construction governed by this Plumbing Code. The Board shall have no authority to waive requirements of the Plumbing Code.
5. Section 107.2 is amended to limit the authority of the Board of Appeals:
107.2 Limitations on authority. The Board of Appeals is created to determine the suitability of alternate materials and methods of construction governed by this Mechanical Code. The Board of Appeals shall have no authority to waive requirements of the Mechanical Code.
8.10.030 Adoption of Other Appendices of the Plumbing Code without Amendments
There is adopted by reference and without amendment, the following appendices to the Plumbing Code:
Appendix A: Recommended Rules for Sizing the Water Supply System Appendix B: Explanatory Notes on Combination Waste and Vent Systems Appendix D: Sizing Storm Water Drainage Systems
Appendix G: Sizing of Venting Systems
Appendix H: Private Sewage Disposal Systems
Appendix I: Installation Standards
Appendix J: Combination of Indoor and Outdoor Combustion and Ventilation Opening Design
Section 6. AMENDMENT OF CHAPTER 8.14 TO ADOPT THE 2022 CALIFORNIA
ELECTRICAL CODE WITH AMENDMENTS
Chapter 8.14 of the Cathedral City Municipal Code is hereby re -titled as "California Electrical Code, 20 22 Edition" and is amended to provide more stringent fire protection requirements than required by the State:
Chapter 8.14
California Electrical Code, 2019 Edition
8.14.010 California Electrical Code Adopted with Amendments
A. Except for the local amendments set forth herein, there is adopted by reference the California Electrical Code, 2022 Edition, which is based upon the 20 20 National Electrical Code and is published by the California Building Standards Commission as Part 3 of Title 24 of the California Code of Regulations. A copy of the Code together with the local amendments is on file with the Building and Safety Division.
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B. The California Electrical Code, 2022 Edition (hereinafter "Electrical Code") shall be the Electrical Code for the City of Cathedral City and said Code together with the adopted
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appendices and the amendments set forth in this chapter shall regulate and govern the design, construction, reconstruction, installation, quality of materials, location, operation, and maintenance or use of electrical equipment, wiring and systems within the City as well as the issuance of permits and the collection of permit fees.
8.14.020 Modifications, Amendments and Deletions to the Electrical Code
A. The following modifications, amendments and deletions are made to the Electrical Code:
1. Section 230.79 is amended to read as follows:
Section 230.79(C) One -Family Dwellings For a one -family dwelling , the service disconnecting means shall have a rating of not less than 200 amperes, 3-wire, with a minimum 225 ampere bus.
2. Section 310.3 is amended by adding Section 310.3(E), and reads as follows:
Section 310.3(E) Conductors for General Wiring The use of aluminum and copper-clad aluminum conductors, feeder conductors, branch circuit conductors and taps or service entrance cables smaller than size 1/0 (one ought) AWG (American Gauge Wire) is expressly prohibited.
8.14.030 Adoption, Modifications, Amendments and Deletions to Annex H of the Electrical Code
A. There is adopted by reference and with the following additions, deletions and amendments, Annex H (Administration and Enforcement), which is a part of the Electrical Code.
1. Section 80.2 is amended to designate the City's Chief Building Official and his/her designees as the Authority Having Jurisdiction:
80.2 Definitions.
Authority Having Jurisdiction. The City's Chief Building Official and his/her designees are designated as the Authority Havin g Jurisdiction for purposes of this Electrical Code and wherever the term "Authority Having Jurisdiction" is used in this Code, it shall mean the City's Chief Building Official and his/her designees.
(Remainder of section is unchanged).
2. Section 80.3 is amended to read as follows:
80.3 Purpose. The purpose of this article shall be to provide requirements for administration and enforcement of this Electrical Code.
3. Section 80.5 is deleted.
4. Section 80.7 is deleted.
5. Section 80.9 is deleted.
6. Section 80.13 is amended to read as follows:
80.13 Authority. There is established within the City, the Building and
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Safety Division, which shall be under the administrative and operational control of the City's Chief Building Official hereinafter referred to as the Chief Building Official. This code shall be administered and enforced by the Chief Building Official as follows:
Subsections 1 through 16 of this section 80.13 remain the same; however, whenever the provisions of this Annex H conflict with the provisions of Section 89.108, the provisions of Section 89.108, as adopted by the State and enforceable upon the City shall apply.
Subsection (17) is added to section 80.13:
(17) A written application shall be submitted for a proposed alternate material or method of construction together with a fee established by the City Council. The details of any action granting an alternate material or method of construction shall be noted in the files of the Building and Safety Division.
7. Section 80.15 is rewritten in its entirety and only includes that which follows:
80.15 Board of Appeals.
(A) Creation of Board of Appeals. The electrical board shall be the Appeals Board established under the provisions of Section 113 of the Building Code, and any amendments adopted thereto, hereinafter designated as the "Board".
(B) Limitations on authority. The Bo ard is created to determine the suitability of alternate materials and methods of construction governed by this Electrical Code. The Board shall have no authority to waive requirements of this Code.
(C) Filing of appeals. All appeals shall be made in writing and shall specify the order, decision or determination made by the Chief Building Official which is being appealed and wherein the Chief Building Official erred in making the order, decision or determination. The appeal shall be accompanied by a fe e as established by the City Council. If, after reviewing the information submitted, the Chief Building Official determines the appeal does not merit a change in his or her order, decision, or determination, the Chief Building Official shall schedule a hea ring by the Board and the appellant shall be notified in writing of the date and time of the hearing.
8. Section 80.19 is amended to read as follows:
80.19 Permits. The administration of permits under this Electrical Code shall be governed by Section 89.108.4 of the General Code Provisions of this Electrical Code.
9. Section 80.23 is amended to read as follows:
80.23 Violations.
(A) Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish or
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occupy any building, structure or equipment regulated by this Electrical Code, or to cause the same to be done, in conflict with or in violation of any provisions of this code. It shall be unlawful for any person to erect, construct, alter or repair a building or structure in violation of the approved construction documents or directive of the Chief Building Official or of a permit or certificate issued under the provisions of this code.
(B) Public nuisance; Abatement. Any violation of this Electrical Code, including the adopted appendices, which results in a public nuisance pursuant to Chapter 13.80 of the City's Municipal Code may be abated in accordance with Title 13 of the City's Municipal Code.
(C) Penalties. Any person who violates a provision of this Electrical Code, including the adopted appendices, or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Chief Building Official, or of a permit or certificate issued under the provisions of this code shall be guilty of an infraction violation, and the violator shall be subject to the provisions set forth in Chapter
13.65 (Infractions) of the City's Municipal Code, including, but not limited to, the imposition of any and all civil and criminal penalties set forth therein.
a. Section 80.27 is deleted.
b. Section 80.29 is deleted.
c. Section 80.33 is deleted.
d. Section 80.35 is deleted.
e. Section 80.37 is added to provide for fees:
80.37 Fees.
(A)Payment of fees. On buildings, structures, and electrical systems or alterations requiring a permit under this Electrical Code, a fee for each permit shall be paid as required, in accordance with the fee schedule adopted by the City Council, a copy of which is on file with the Building and Safety Division.
(B)Fee refunds. The Chief Building Official is authorized to establish a fee refund policy.
f. Section 80.39 is added to provide for inspections:
80.39 Inspections. The administration of inspections under this code shall be governed by subsection 89.108.4.4 of the General Code Provisions of this Electrical Code.
8.14.040 Adoption of Other Annex Chapters of the Electrical Code without Amendments
There is adopted by reference and without amendment, the following annex chapters to the Electrical Code:
Annex A: Product Safety Standards
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Annex B: Application Information for Ampacity Calculation Annex C: Conduit, Tubing, and Cable Tray Fill Tables for Conductors and Fixture Wires of the Same Size
Annex D: Examples
Annex E: Types of Construction
Annex F: Availability for Critical Operations Power Systems; and Development and Implementation of Functional Performance Tests (FPTs) for Critical Operations Power Systems
Annex G: Supervisory Control and Data Acquisition (SCADA) Annex I: Recommended Tightening Torque Tables from UL Standard 486A-486B
Section 7. AMENDMENT OF CHAPTER 8.18 TO ADOPT THE 2022 CALIFORNIA
RESIDENTIAL CODE WITH AMENDMENTS
Chapter 8.18 of the Cathedral C ity Municipal Code is hereby re -titled as "California Residential Code, 20 22 Edition" and is amended to provide more stringent fire protection requirements than required by the State which are necessary for the protection of the public's health, welfare and safety.
Chapter 8.18.
California Residential Code, 2022 Edition
8.18 California Residential Code Adopted with Amendments
A. Except for the local amendments set forth herein, there is adopted by reference the California Residential Code, 20 22 Edition, which is based upon the 20 21 International Residential Code and is published by the California Building Standards Commission as Part
2.5 of Title 24 of the California Code of Regulations. A copy of the Code together with the local amendments is on file with the Building and Safety Division.
B. The California Residential Code, 20 22 Edition (hereinafter "Residential Code") shall be the Residential Code for the City and said Code together with the adopted appendices and the amendments set forth in this chapter shall regulate and govern the conditions and maintenance of all one- and two-family properties, buildings and structures within the City by providing the standards for supplied utilities and facilities and other physical things and condition essential to ensure that structures are safe, sanitary and fit for occupation and use and providing for the condemnation and demolition of buildings and structures that are unfit for human occupancy and use, and the issuance of permits and collection of permit fees.
8.18 Modifications, Amendments and Deletions to the Residential Code
A. The following modifications, amendments and deletions are made to the Residential Code:
1. Section R103.1 is amended to read as follows:
R103.1 Creation of enforcement agency. There is established within the City, the Building and Safety Division, which shall be under the administrative and operational control of the Chief Building Official hereinafter referred to as the Chief Building Official.
2. Paragraph 2 of the Building portion of Section R105.2 is amended to reduce the height of fences which are exempt from permit requirements:
Building:
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a. Fences and walls not over 3 feet.
3. Paragraph 3 of section R105.2 is amended to change the exemption from permit requirements for retaining walls that are not over two (2) feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Section R106.5 is amended to read as follows:
R106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 90 days from date of completion of the permitted work.
5. Section R108.1 is amended to read as follows:
R108.1 Payment of fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit under this Residential Code, a fee for each permit shall be paid as required and in accordance with the fee schedule adopted by the City Council, a copy of which is on file with the Building and Safety Division.
6. Section R112.1 is amended to provide for the creation of the Board of Appeals:
112.1 General. In order to determine the suitability of alternate materials and methods of construction governed by this Building Code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall consist of five members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the City of Cathedral City. Members of the Board of Appeals shall be appointed by the City Council and shall serve without compensation. Each member shall serve on the Board of Appeal s for a term of 4 years. A member may be dismissed at any time during his or her term by a majority vote of the City Council. Vacancies shall be filled in the same manner as the original appointment. All matters before the Board of Appeals shall be administered by the Chief Building Official or his or her authorized representative. The Board of Appeals shall adopt reasonable rules and regulations for hearing appeals and conducting its business and such rules and regulations shall be freely accessible to the public. The Board of Appeals shall render all decisions and findings in writing with a duplicated copy to the applicant and may recommend to the City Council such new legislation as is consistent therewith.
7. Section R112.2 is amended to limit the authority of the Board of Appeals:
R112.2 Limitations on authority. The Board of Appeals is created to determine the suitability of alternate materials and methods of construction governed by this Building Code. The Board of Appeals shall have no authority to waive requirements of the Building Code.
8. Section R112.3 is deleted.
9. Section R112.4 is deleted.
10. Section R112.5 is added to provide for the filing of appeals:
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R112.5 Filing of appeals. All appeals shall be made in writing and shall specify the order, decision or determination made by the Chief Building Official which is being appealed and wherein the Chief Building Official erred in making the order, decision or determination. The appeal shall be accompanied by a fee as establi shed by the City Council. If, after reviewing the information submitted, the Chief Building Official determines the appeal does not merit a change in his or her order, decision, or determination, the Chief Building Official shall schedule a hearing by the Appeals Board and the appellant shall be notified in writing of the date and time of the hearing.
11. Section R113 is amended to provide for the enforcement of the Residential Code:
Section R113 VIOLATIONS
R113.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or to cause the same to be done, in conflict with or in violation of any provisions of this code. It shall be unlawful for any person to erect, construct, alter or repair a building or structure in violation of the approved construction documents or directive of the Chief Building Official or of a permit or certificate issued under the provisions of this code.
R113.1.2 Public nuisance; Abatement. Any violation of this Building Code, including the adopted appendices, which results in a public nuisance pursuant to Chapter 13.80 of the City's Municipal Code may be abated in accordance with Title 13 of the City's Municipal Code.
R113.4 Penalties. Any person who violates a provision of this Residential Code, including the adopted appendices, or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Chief Building Official, or of a permit or certificate issued under the provisions of this Residential Code shall be guilty of an infraction violation, and the violator shall be subject to the provisions set forth in Chapter 13.65 (Infractions) of the City's Municipal Code, including, but not limited to, the imposition of any and all civil and criminal penalties set forth therein.
12. Section R115 is added and reads as follows:
Section R115 UNSAFE STRUCTURES AND EQUIPMENT
R115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed an unsafe condition.
R115.2 Unlawf ul acts. It shall be unlawful for any person, firm, or corporation to maintain as unsafe structures or equipment regulated by this code or cause the same to be done in conflict with or in violation of
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any provisions of this code.
13. Section R116 is added to require removal and disposal of trash and debris at building sites:
Section R116 REMOVAL AND DISPOSAL OF TRASH AND
DEBRIS
R116.1 Trash Containers. A t rash container(s) shall be placed on each construction site and shall remain in place until construction is completed. Each trash container shall be constructed of solid wood, metal or wire mesh and shall be a minimum of three cubic yards in capacity.
Should wire mesh be utilized as a material for a construction site trash container, said container shall be framed to adequately support the wire mesh. The floor and cover of a container that is constructed of wire mesh shall be properly framed to provide adequate strength and support to withstand design loads and prevent breakage. Further, the lid f or said container shall be hinged with a latching device that adequately secures the lid to the container while the container is not in use in order to prevent the lid from being blown open and/or off the container. The container shall be adequately anchored to prevent overturning by wind. Each container shall be provided with a hinged cover or lid which shall remain closed at- all- times while not in use. When construction is being performed simultaneously on an adjoining Jot by one owner or contractor, then both construction sites may be serviced by a single container, provided that in no event shall a single container be utilized by more than two such construction sites. Where construction sites are separated by one or more lots, separate containers are required for each site. It shall be the contractor's responsibility to ensure that no container is located on or within any public right-of-way. It shall be the contractor's responsibility to ensure that all containers under his or her control are emptied of all deposited materials placed within said container(s) at least once every week. It shall be the contractor's responsibility to remove or cause to be removed all deposited materials within said container(s) as frequently as necessary to prevent overflowing of the container(s). A trash container shall be used at- all- times for storage of loose papers, cartons, bottles, cans, trash, and all other rubbish and debris. It shall be the contractor's responsibility to ensure that all individuals who are employed by him or her or act under his or her direction and control, observe and obey all regulations set forth herein.
R116.2 Inspections. A permit holder shall not be entitled to and a building inspector shall not perform any inspections, including a final inspection, of any phase of completed construction work if the construction site or general area thereof contains an accumulation of construction rubbish and debris. In-the-event that a building inspector is unable to conduct a requested inspection because of an accumulation of rubbish and debris, a re-inspection fee shall be paid to the City at the time of the request for re-inspection.
R116.3 Definition. Rubbish and debris for the purpose of this section includes, but is not limited to, stub ends of cut lumber, broken lumber and other scrap wood, scrap cement and plaster, scrap metal, paper cartons, wrappings, and other similar materials that result from the process of constructing a building or structure.
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14. Section R303 is amended to read as follows:
SECTION R303 LIGHT, VENTILATION, HEATING AND AIR
CONDITIONING
15. Add new subsection R303.11 Required air conditioning, to read as follows:
R303.11 Required air conditioning. Every dwelling unit shall be provided with air conditioning facilities capable of maintaining a room temperature of not more than 80 degrees Fahrenheit in all habitable rooms.
16. Section R403.1.7.3.1 is added to Chapter 4 of the Residential Code to provide criteria for the top of exterior foundation ele vations for all residential structures, which shall read as follows:
R403.1.7.3.1 Minimum foundation elevation requirements.
The top of exterior foundation elevation of all residential structures used for human occupancy shall meet the following criteria.
a. If no elevations have been fixed in connection with a permit or approval, the finished floor shall be located at the highest elevation required as set forth as follows:
i. On level lots, the top of the exterior foundation shall be elevated to a mi nimum of 18 inches above the top of the curb or the top of the crown of the street immediately in front of the subject lot.
ii. On lots where the lot drains toward the adjacent road or is subject to water impounded behind an adjacent road, the finished floor shall be elevated to a minimum of 18 inches above the top of the crown of the adjacent road.
iii. The requirement of this section may be waived or modified by the Chief Building Official, in his or her sole discretion, upon the existence of one or both of the following circumstances:
iv. If a proposed method of construction that is prepared by a registered civil engineer provides equivalent flood
protection; or
v. If the unique characteristics of a building site make the requirements unnecessary.
17. Section R902.1 of Chapter 9 of the Residential Code is amended by adding an additional exception to require the installation of clay or concrete tile roofs for all new buildings of Group R occupancies:
All new buildings of Group R occupancies that have a roof pitch of 2½ units vertical (or greater) in 12 units horizontal shall have coverings of clay or concrete tile conforming to ASTM C 1167 and ASTM C 1492, respectively, and shall be installed in accordance with Table R905.3.7.
18. Section R904.2.1 is added to Chapter 9 of the Residential Code to provide that roof of additions and alterations to existing buildings may be roofed in
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the same roofing material as the original building unless other materials are required by the Chief Building Official:
R904.2.1 Additions and alterations. Roofs of all additions and alterations to existing buildings may be roofed in the same roofing material as the original building unless other materials are required by the Chief Building Official.
8.18 Adoption of Other Appendices of the Residential Code without Amendments
There is adopted by reference and without amendment, the following appendices to the Residential Code:
A. Appendix AH: Patio Covers
Section 8. AMENDMENT OF CHAPTER 8.20 TO ADOPT THE 2021
INTERNATIONAL PROPERTY MAINTENANCE CODE
Chapter 8.20 of the Cathedral City Municipal Code is hereby titled as the “International Property Maintenance Code, 2021 Edition” and is amended to provide more stringent fire protection requirements than required by the State which are necessary for the protection of the public’s health, welfare and safety.
Chapter 8.20
International Property Maintenance Code, 2021 Edition
A. Except for the local amendments set forth herein, there is adopted by reference the International Property Maintenance Code, 2021 Edition, which is published by the International Code Council. A copy of the Code together with the local amendments is on file with the Building Department.
B. The International Property Maintenance Code, 2021 Edition (hereinafter "Property Maintenance Code") shall be the Property Maintenance Code for the City and said Code together with the additions, deletions and amendments set forth in this chapter shall regulate and govern the requirements for the maintenance of existing buildings a nd the issuance of permits and collection of permit fees.
8.20 Modifications, Amendments and Deletions to the Property Maintenance Code
A. The following modifications, amendments and deletions are made to the Property Maintenance Code:
1. Amend the tile of Section 602 to read as follows:
SECTION 602 HEATING AND AIR CONDITIONING FACILITIES
2. Amend Section 602.1 Facilities required, to read as follows:
602.1 Facilities required. Heating and air conditioning facilities shall be provided in structures as required by this section.
3. Amend Section 602.2 by adding the following sentence at the end of the section:
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602.2 Residential occupancies. Dwellings shall be provided with air conditioning facilities at all times, capable of maintaining a maximum temperature of 80 degrees Fahrenheit in all habitable rooms.
4. Add subsection 602.3.1 to read as follows:
602.3.1 Air conditioning supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units shall supply air conditioning at all times, to maintain a maximum temperature of 80 degrees Fahrenheit in all habitable rooms.
Section 9. AMENDMENT OF CHAPTER 8.12 TO ADOPT THE 2022 CALIFORNIA
FIRE CODE WITH AMENDMENTS
Chapter 8.12 of the Cathedral City Municipal Code is hereby re -titled as "California Fire Code, 2022 Edition" and is amended to provide more stringent fire protection requirements than required by the State which are necessary for the protection of the public's health, welfare and safety.
Chapter 8.12
California Fire Code, 2022 Edition
8.12.10 California Fire Code Adopted with Amendments
A. Except for the local amendments set forth herein, there is adopted by reference the California Fire Code 2022 Edition, which is based upon the 2021 International Fire Code and is published by the California Building Standards Commission as Part 9 of Title 24 of the California Code of Regulations. A copy of the Code together with the local amendments is on file with the Building Department.
B. The California Building Code, 2022 Edition (hereinafter "Fire Code") shall be the Fire Code for the City and said Code together with the adopted appendices and the amendments set forth in this chapter shall regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, and providing for the issuance of permits and collection of permit fees.
8.12.020 Modifications, Amendments and Deletions to the Fire Code
A. The following amendment is made to Section 202:
1. Chapter 2 Definitions is amended to add the definitions of "Common Area" and “Cannabis Facilities”:
DEFINITIONS
CANNABIS FACILITY : Cannabis establishments and businesses are required to be licensed by the City of Cathedral City including but not limited to marijuana sales occupancies (dispensaries and distribution centers), marijuana cultivation facilities, marijuana product manufacturing (including extraction and infused product operations), and marijuana testing labs. These establishments or businesses involve unique operations which create significant life safety and fire hazards. As such, all establishments or businesses engaging in cannabis activities shall meet the requirements of the City of Cathedral City Fire Department.
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New and/or existing marijuana related establishments or businesses (including unlicensed/non-compliant) may require construction permits or a change of occupancy; this may include access control systems, electrical modifications, addition or deletions of walls, addition or modifications of fire protection systems, modification to mechanical systems (exhaust hood systems), air monitoring equipment etc.
Reference the Fire Department Guideline for Construction Permitti ng for Cannabis Establishments / Businesses Located in Commercial Buildings for further information during the construction permitting process.
COMMON AREA. For the purposes of ADA compliance for visual notification, a common area shall be a room, space, or element made available for use of a restricted group of people (example, occupants of a homeless shelter, the occupants of an office building, or the guests of such occupants). Common areas shall include restrooms, hallways, lobbies, meeting and conference rooms, classrooms, cafeterias, filing and photocopy rooms, employee break rooms, open office areas exceeding 300 square feet, examination and treatment rooms, and similar areas that are not used solely as employee work areas. Mechanical, electrical and telephone closets, janitor closets, and similar non -occupied spaces that are not common areas or assigned work areas are not required to have visual alarm devises.
MID-RISE BUILDING: Buildings measured from 55 feet to 75 feet above the lowest floor level of fire department vehicular access shall be enhanced with high-rise provisions as set forth in Section 509.1 of the California Fire Code.
MODEL ROCKET: shall mean any toy or educational device which weighs not more than 500 grams, including the engine and any payload that is propelled by model rocket engines.
MODEL ROCKET ENGINE : shall mean a commercially manufactured, non-reusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user.
(All remaining provisions of Section 202 are unchanged)
8.12.030 Modifications, Amendments, and Deletions to Appendix Chapter 1 of the Fire Code
A. There is adopted by reference and with the following additions, deletions and amendments, Appendix Chapter 1, Administration, of the Fire Code:
1. Section 104.7.1 is amended to read as follows:
104.7.1 Legal Defense. Any liability against the City of Cathedral City Fire Department or any officer or employee shall be as provided for in California Government Code and case law. Fire suppression, investigation
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and rescue or emergency medical costs are recoverable in accordance with California Health and Safety Code Sections 13009 and 13009.1. Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for t he costs of securing such emergency, including those costs set out in Government Code Section 53150, et seq. Any expense incurred by the fire department for securing such an emergency situation shall constitute a debt of such person and shall be collectible by the public agency in the same manner as in the case of an obligation under contract, expressed or implied.
(All other provisions of Section 104.7 are the same.)
2. Section 106.1.1. is added: Plan Submittal.
106.1.1 Plan Submittal. Any plan or master engineering report submitted for review shall be stamped by a California licensed professional architect or engineer.
EXCEPTION: Structural plans (new construction or tenant improvement) may be stamped by a California Registered Designers with AHJ approval.
3. Section 111.1 is amended to read as follows:
The Board of Appeals established pursuant to Section 108 of the Fire Code shall serve as the Board of Appeals for this Fire Code. The procedures established in Section 108 for the filing of appeals shall be applicable to appeals filed pursuant to this Code. The Board is created to determine the suitability of alternate mat erials and methods of fire protection by this Fire Code. The Board shall have no authority to waive requirements of the Fire Code.
(All other provisions of Section 111 are the same.)
4. Section 112.4 is amended to read as follows:
112.4 Violations and Penalties. Each person or entity who engages in any of the following conduct is guilty of an infraction violation which is punishable by a fine in an amount provided by the City Municipal Code Section 13.65.050 and by the imposition of any a nd all other criminal penalties set forth in Chapter 13.65:
a. Violate or fail to comply with any of the provisions of the California Fire Code, or this chapter;
b. Fail to comply with any order made pursuant to the California Fire Code or this chapter;
c. Build or construct in violation of any detailed statement, specifications, or plans submitted and approved pursuant to the California Fire Code or this chapter;
d. Build or construct in violation of any certificate or permit issued
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pursuant to the California Fire Code or this chapter; or
e. Fail to comply with an order made pursuant to the California Fire Code or this chapter which is affirmed or modified after an appeal was conducted.
Each person or entity which engages in flagrant and serious violations and/or continued noncompliance after notice or order to comply has been served on the violator or posted on the subject property at which a violation exists is guilty of a misdemeanor violation which is punishable by a fine provided by Municipal Code Section 13.70.080 and by the imposition of any and all other criminal penalties set forth in Chapter 13.70.
Each person or entity is guilty of a separate offense for each day, or portion thereof, during which any violation of any provision of the California Fire Code or this chapter is committed, continued or permitted by such person or entity after notification of the initial violation and shall be punishable according to the terms set forth herein.
The application of the penalties provided for i n this section shall be cumulative and shall not prevent the City from pursuing other remedies provided by the City of Cathedral City Municipal Code for said violations including, but not limited to, the abatement of public nuisance conditions.
(All other provisions of Section 112 are the same.)
5. Section 113.4 is amended to read as follows:
113.4 Failure to comply. It shall be unlawful and a violation of this Code for any person to continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition.
(All other provisions of Section 113 are the same.)
B. A copy of the foregoing modifications, amendments and deletions to Fire Code Appendix Chapter 1 shall be maintained in the City's Building and Fire Departments and available for public inspection.
8.12.040 Modifications, Amendments and Deletions to Appendix B of the Fire Code
A. There is adopted by reference and with the additions, deletions and amendments adopted herein, Appendix B, Fire Flow Requirements for Buildings, which is a part of the Fire Code. A copy of Appendix B, as amended, shall be maintained in the City's Building and Fire Departments and available for public inspection.
B. The following deletion is made to Appendix B:
Subsection B104.2 (area separation) is deleted from Appendix B.
C. The following amendment is made to Appendix B:
Table B105.2 Required Fire-Flow for Buildings Other Than One- and Two- Family Dwellings, Group R-3 and R-4 Buildings and Townhouses.
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Section 903.3.1.1 of the International Fire Code is amended to allow 50% of the value in Table B105.1(2)a.
Section 903.3.1.2 of the International Fire Code is amended to allow 50% of the value in Table B105.1(2)a.
D. The following deletion and amendment is made to Appendix B:
Footnote “a” – The reduced fire-flow shall not be less than 1,000 gallons per minute is deleted.
Footnote “b” – The reduced fire-flow shall not be less than 1,500 gallons per minute and is renumbered to become Footnote “a”.
E. The following amendment is made to Appendix B:
Section B106 Referenced Standard
ICC IFC-18 International Fire Code, Table B105.2 to add (as amended).
(All other provisions of Appendix B remain the same.)
8.12.050 Fire Code Chapters Adopted Without Amendment
A. The following chapters of the Fire Code are adopted without local amendments:
Chapter 6 ......................Building Services and Systems Chapter 7 ............... Fire and Smoke Protection Features Chapter 8 .................. Interior Finish, Decorative Materials and Furnishings Chapter 11 ................ Construction Requirements for Existing Buildings Chapter 13-19 ........... Reserved for Future
Chapter 20 ................ Aviation Facilities
Chapter 21 ................ Dry Cleaning
Chapter 22 ..................Combustible Dust-producing Operations Chapter 23 ................ Motor Fuel-Dispensing Facilities Chapter 24 ................ Flammable Finishes
Chapter 25 ................ Fruit and Crop Ripening
Chapter 26 ................ Fumigation and Insecticidal Fogging Chapter 27 ................ Semiconductor Fabrication Facilities Chapter 28 ................ Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities.
Chapter 29 ................ Manufacture of Organic Coatings Chapter 30 ................ Industrial Ovens
Chapter 32 ................ High-Piled Combustible Storage Chapter 33 ................ Fire Safety During Construction and Demolition Chapter 34 ................ Tire Rebuilding and Tire Storage Chapter 35 ................ Welding and Other Hot Work
Chapter 36 ................ Marinas
Chapter 37 ................ Combustible Fibers
Chapter 39 ................ Processing and Extraction Facilities Chapter 40 ................ Storage of Distilled Spirits and Wines Chapter 41-47 ........... Reserved for Future
Chapter 48 ................ Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities, and Production
Locations
Chapter 50 ................ Hazardous Materials-General Provisions Chapter 51 ................ Aerosols
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Chapter 52 ................ Reserved for Future
Chapter 53 ................ Compressed Gases
Chapter 54 ................ Corrosive Materials
Chapter 55 ................ Cryogenic Fluids
Chapter 57 ................ Flammable and Combustible Liquids Chapter 58 ................ Flammable Gases and Flammable Cryogenic Fluids Chapter 59 ................ Flammable Solids
Chapter 60 ................ Highly Toxic and Toxic Materials Chapter 61 ................ Liquified Petroleum Gases
Chapter 62 ................ Organic Peroxides
Chapter 63 ................ Oxidizers, Oxidizing Gases, and Oxidizing Cryogenic Fluids
Chapter 64 ................ Pyrophoric Materials
Chapter 65 ................ Pyroxylin (Cellulose Nitrate) Plastics Chapter 66 ................ Unstable (Reactive) Materials Chapter 67 ................ Water Reactive Solids and Liquids Chapter 68-79 ........... Reserved for Future
8.12.060 Adoption of Other Appendices of the Fire Code without Amendments
There is adopted by reference and without amendment, the following appendices to the Fire Code:
Appendix Chapter 4 – Special Detailed Requirements Based on Use and Occupancy
Appendix A: Board of Appeals
Appendix E: Hazardous Materials Categories
Appendix F: Hazard Ranking
Appendix G: Cryogenic Fluids -Weight and Volume Equivalents
Appendix H: Hazardous Materials Management Plans and
Hazardous Materials Inventory Statements
Appendix J-1.1: Cathedral City Public Safety Radio System Coverage Specifications
Appendix K: Construction Requirements for Existing Ambulatory Care Facilities
Appendix L: Requirements for Fire Fighter Air Replenishment Systems Appendix M: High-Rise Buildings Retroactive Automatic Sprinkler Requirement.
Appendix N: Indoor Trade Shows and Exhibitions
Appendix O: Temporary Haunted Houses, Ghost Walks and Similar Amusement Uses
Appendix P: Cathedral City Fire Department Development Guidelines
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A copy of the City of Cathedral City Fire Department Development Guidelines and the Cathedral City Public Safety Radio System Coverage Specifications shall be kept on file with the City Clerk.
B. The following modifications, amendments and deletions are made Section 308:
1. Section 308.1.6.3 is amended to regulate the use of Sky Lanterns:
308.1.6.3 Sky Lanterns. Sky Lanterns are pro hibited in Cathedral City without written permission (fire permit) by the Fire Chief or his/her designee.
2. Section 308.3.1. is amended to regulate the use of Tiki/Luau torches:
308.3 Open -flame devices. A person shall not utilize or allow to be utilized, an open flame or use of a Tiki or Luau torch in connection with a public meeting or gathering for purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, awaiting transportation or similar purpose in Group A or E occupancies without first obtaining a permit in accordance with Appendix Chapter 1, Section 105.6.
3. Section 308.3.2.11 is added to regulate the installation of permanent Tiki and/or Luau torches:
Section 308.3.2.11 Installation of Permanent Tiki and/or Luau torches using Liquid Propane Fuel or Natural Gas.
a. The following regulations apply to the installation of permanent Tiki and Luau torches using liquid propane fuel or Natural gas:
i.) Only LPG or natural gas fueled permanent Tiki and/or Luau torches will be allowed.
ii) Installer shall submit plans to the Planning Department for review and approval. After Planning Department approval, the plans must be reviewed and approved by the Building Department and Fire Department . After all approvals,
installer must obtain an operational permit for use of an open flame device.
iii) Maximum length of flame shall not exceed twelve (12) inches.
iv) Flame shall be a minimum of eight (8) feet from ground level and entire torch shall be entirely on private property.
v) Minimum size of pipe support shall be one and one half inches (1 1/2") in diameter. EXCEPTION: If mounted on a structure and braced to the satisfaction of the inspection authority, minimum size could be one inch (1"). A radius of five (5) feet between torch burner and combustibles shall be maintained.
b. Where natural gas or LPG is used, an approved shut-off valve shall be located at or near the base of the torch and a labeled secondary shut-off shall be located at a readil y accessible remote location.
Secondary valves may operate one or more torches.
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(All remaining provisions of Section 308 are unchanged)
C. The following modifications, amendments and deletions are made Section 311:
1. Section 311.5 (Placards) is deleted in its entirety. (All remaining provisions of Section 311 are unchanged) D. The following modifications, amendments and deletions are made Section 503:
1. Subsection 503.1.2 is amended to regulate fire apparatus access roads for developments of one-or two-family dwellings:
503.1.2 Additional access. The Fire Chief is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. Developments of one-or two-family dwellings where the number of dwelling units exceeds 25 shall be provided with separate and approved fire apparatus access roads. All multiple-family residential developments shall provide with two separate and approved fire apparatus access roads.
2. Subsection 503.2. is added to provide for the evaluation of the design of access roads:
503.2 (b) Access road design. The Fire Chief shall evaluate access road design in terms of total response efficiency. The Fire Chief is authorized to make modifications to access road network design, access road route and inter-connectivity with new or existing roads so that response efficiency is maintained.
3. Subsection 503.5.3 is added to regulate access roads with installed fences which cause the distance from the road to exceed the maximum distance allowed in Section 503:
503.5.3 Fences. When fences are installed that caused the distance from an approved fire department access road to exceed the maximum distance allowed in Section 503 here in, a person gate shall be provided in the fence to maintain the required fire department access. The gate shall be a minimum four (4) feet in width and be equipped with a keybox, key switch and/or lock accessible from both sides in accordance with Section 506 of this Code.
4. Subsection 503.1.4 is added to regulate fire access roads, fire lanes and signage:
503.1.4 Fire apparatus access roads, fire lanes and signage. In all locations where access by emergency vehicles for fire suppression and rescue purposes is unduly difficult or subject to obstruction, the Fire Chief may designate certain locations as fire lanes. Fire lanes may include some or all roadways within certain public or private structural complexes. Such roadways shall be marked and/or posted in accordance with the standards provided by the Cathedral City Fire Department. Persons or entities who park, leave, abandon, or store a vehicle(s) or cause or permit a vehicle(s) to be parked, left, abandoned, or stored in a fire lane may be subject to the
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issuance of an infraction citation pursuant to Chapter 13.65 of the Cathedral City Municipal Code and/or may have their vehicle(s) towed from the location pursuant to local or State statutes. All fire lane signs and/or curb markings shall be maintained in a legible and visible condition at all times by the property owner(s).
5. Subsection 503.2.1 is amended to regulate the dimensions for fire access roads for subterranean and above -ground parking structures and those located in the proximity of buildings and structures more than thirty (30) feet in height:
503.2.1 Dimensions. Fire apparatus access roads shall h ave an unobstructed width of not less than 20 feet except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches, except that subterranean and above ground parking structures shall have an unobstructed vertical clearance of not less than 8 feet 6 inches.
6. Subsection 503.2.3 is amended to regulate the design of access road surfaces:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs.
GVW) and shall be surfaced so as to provide all - weather driving capabilities.
7. Subsection 503.2.4 is amended to regulate the turning radius of access roads:
503.2.4 Turning radius. The required turning radius of a fir e apparatus access road shall be determined by the Fire Chief. Fire access road turns and corners shall be designed with a minimum inner radius of 15 feet and an outer radius of 35 feet. Radius must be concentric.
8. Subsection 503.2.5 is amended to regulate dead ends for access roads:
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 one hundred fifty feet in length shall be provided with an approved area for turning around fire apparatus. The City of Cathedral City has two approved turn around provisions: (i) a cul-de-sac with an outside turning radius of 35 feet from centerline; and (ii) a hammerhead turnaround 65 feet from centerline in both directions.
9. Subsection 503.2.7 is amended to regulate the grade of access roads:
503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits established by the Fire Chief based on the fire department's apparatus. No grade shall exceed 12 percent. Grade transitions shall not exceed maximum angle of appr oach and angle of departure based on the fire department's apparatus as determined by the Fire Chief.
10. Subsection 503.2.9 is added to provide for aerial fire access roads:
503.2.9 Aerial Fire Access Roads . Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus
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access roads capable of accommodating fire department aerial apparatus.
Overhead utility and power lines shall no t be located within the aerial fire apparatus access roadway.
a. 503.2.9.1 Minimum width. Fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of building more than 30 feet in height.
b. 503.2.9.2 Proximity to building. At least one of the access routes required under this section 503.2.9 shall be located within a minimum of 15 feet and a maximum of 30 feet from the building and shall be positioned parallel to one entire side of the building.
11. Amendments are made to Section 503.6 to maintain emergency response standards related to efficiency and time. It is necessary for the Fire Chief to have the authority to condition the design of access roads related to the proposed project as delays in response times have a detrimental effect upon public safety:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the F ire Chief. Where security gates are installed, they shall have an approved Opticom system as a means of emergency operation. The security gates and the emergency operation shall be maintained at all times.
a. 503.6.1 Knox access switches ; approved padlock or chain.
Existing s ecured automated vehicle gates or entries shall utilize approved Knox access switches as required by the Fire Chief. The location of the Knox access switches must be approved by the fire code official prior to the installation. Secured non -automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼ inch) when required by the Fire Chief.
b. 503.6.2 Residential complexes. Residential complexes using secured automated vehicle entry gates or entries shall utilize a traffic pre-emptive strobe-activated switch and/or an approved Knox key electric switch when required by the Fire Chief. Gate arms securing parking lots and parking structures shall be equipped with a fire department approved dual -keyed Knox key electric switch. When activated, the arm or arms shall open to allow fire and law enforcement access.
c. 503.6.3 Dimensions. Approved security gates shall be a minimum of 20 feet in unobstructed drive width on at least the entry side with gate in open position. An unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm) shall be provided and maintained at all times.
d. 503.6.4 Power failure. In the event of a power failure, the gate(s) shall be defaulted or automatically transferred to a fail- safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two- gate system is used, the override switch must open both gates.
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e. 503.6.5 Override switch. If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location.
f. 503.6.6 Spikes and roadway obstructions prohibited. No spikes or roadway obstructions shall be constructed within access and exit ways without provisions for emergency retraction or removal with a Knox electrical override switch or similar device as approved by the Fire Chief.
g. 503.6.7 Final inspection. A final field inspection by the Fire Chief is required before electronically controlled gates may become operative. Prior to final inspection, electronic gates shall remain in a locked-open position.
(All remaining provisions of Section 503 are unchanged)
F. The following modifications, amendments and deletions are made Section 504:
1. Section 504.1 is amended to add provisions pertaining to required access:
504.1 Required access. Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provide d when required by the Fire Chief. Finished grade to be flat and accessible on all sides of the building where ground ladder access is the only means to reach the highest point on the building from the exterior. Distance from building for finish grade shall be flat as required by the Fire Chief. Obstructions shall not be placed as to interfere with ground ladder placement.
(All remaining provisions of Section 504 are unchanged)
G. The following modifications, amendments and deletions are made Section 505:
1. Subsection 505.1.1 is added to provide the minimum premises identification standards for multi -family, multi-retail and multi -commercial occupancies:
505.1.1 Address numbers for specified occupancies. All multi-family, multi-retail and multi -commercial occupancies shall have a minimum of twelve (12) inch high numbers, with a minimum one and one- half (1½) inch stroke. All commercial, light and heavy industrial occupancies shall have a minimum of twelve (12) inch high num bers, with a minimum one and one-half (1½) inch stroke.
All address numbers are required to be illuminated (back or surface lit). (All remaining provisions of Section 505 are unchanged) H. The following modifications, amendments and deletions are made Section 506:
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1. Section 506.1 is amended to add provisions pertaining to key boxes:
506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes, the Fire Chief is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the Fire Chief. Secure d emergency access gates serving apartment, townhome or condominium complex courtyard must provide a key box in addition to association or facility locks.
The nominal height of Knox lock box installations shall be five (5) feet above grade. Location and in stallation of Knox key boxes must be approved by the Fire Chief.
(All remaining provisions of Section 506 are unchanged)
I. The following modifications, amendments and deletions are made Section 507:
1. The following modifications, amendments and deletions are made Section 507:
a. Subsection 507.5.3 is amended to provide additional installation requirements for private fire service mains and appurtenances:
i. NFPA 24 shall establish the minimum requirements for the installation of private fire service mains and their appurtenances supplying automatic sprinkler systems, open sprinkler systems, water spray fixed systems, foam systems, private hydrants, monitor nozzles or standpipe systems with reference to water supplies, private hydrants and hose houses.
ii. Private fire service mains shall be not less than eight (8) inches in diameter when serving private fire hydrants and fire sprinkler systems.
iii. Ductile iron piping with a minimum rating of Class 150 or C900 Class 200 plastic piping, installed to NFP A 24 standards, is required for all private fire service mains. When fire pumps are installed, a minimum Class 200 ductile iron fire service main is required.
iv. All restrained joints on private fire service mains, private fire hydrant lines and fire sprinkle r laterals shall be calculated as required by NFPA 24,or use Water Agency/District Drawings.
Calculations shall be submitted and the resulting
dimensions/details of restrained joints shall be shown on the plans.
Minimum design working pressure shall be 150 PSI. Special design considerations may be required with high static pressures or lines in which fire pumps are installed.
v. Private fire service mains when supplying three (3) or more fire hydrants shall be designed with a looped water supply.
vi. In order to i solate the fire sprinkler underground lateral from any private fire hydrant system, a listed aboveground indicating valve (post indicator valve or outside stem and yoke valve) shall be provided for the fire sprinkler lateral.
vii. Indicating valves shall be required to sectionalize no more than two commercial buildings, three residential buildings or two private fire hydrants on private fire service mains or when 5 or more fire appliances are on a looped fire service underground system. Any
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deviation will require the Fire Department approval.
viii. On-site private fire hydrants and Fire Department Connections shall be located less than three (3) feet behind the face of a curb or when no curb is provided and shall be protected by guard posts set in concrete to the following specifications:
• Constructed of steel not less than 4 inches in diameter and concrete filled
• Spaced not more than 4 feet between posts on center
• Set not less than 3 feet deep in a concrete footing of not less than a 15-inch diameter
• Set with the top of the posts not less than 3 feet above ground • Located not less than 3 feet from the fire hydrants, post indicator valves and Fire Department connections
• All guard posts shall be painted yellow. (Rust -Oleum safety yellow #2149 or equivalent)
ix. The instal ling contractor shall provide a completed "Contractors Material & Test Certificate for Underground Piping" as required by NFPA 24.
x. Double Check Detector Assemblies (Private):
• All Double Check Detector Assemblies shall be UL listed/FM approved for fire protection service in compliance with NFPA
24. • All Double Check Detector Assemblies shall be installed with two tamper switches and electrically monitored at a UL listed central station service, when there are 20 or more fire sprinkler heads.
• All Double Check Detector Assemblies shall be provided with a chain and breakaway security lock. A key shall be kept in the spare sprinkler head box and KNOX key box.
• Reduced pressure zone assemblies or reduced pressure
detector assemblies shall not be installed in private fire service mains and fire sprinkler systems.
b. Subsection 507.5.1 is amended to provide additional installation requirements for private fire service mains and appurtenances:
507.5.1 Fire Department Connections and Private Fire Hydrants i. Fire Department Connections shall be installed at apparatus access roads in locations approved by the fire department. Check with the fire department prior to plan submittal.
ii. The Fire Department Connection shall extend between 30" to 48" above finished grade.
iii. Fire Department Connections shall be visible, accessible, and installed in approved locations downstream of all Double Check Detector Assemblies. The check valve for the FDC shall be above grade. Fire Department connections shall be located within 100 feet of a fire hydrant. Exceptions may be made by the fire code official.
iv. Fire Department Connections shall be equipped with protective caps.
v. When the total sprinkler system dem and, including hose allowance, is less than 499 G.P.M., the Fire Department Connection riser shall be 4" in nominal diameter and shall have a standard 2-way threaded 2 ½” connection.
vi. When the total sprinkler system demand, including hose
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allowance, is 500 GPM to 1,199 G.P.M., the Fire Department Connection riser shall be 6" in nominal diameter and shall have a standard 3-way threaded 2 ½” connection.
vii. When the total sprinkler system demand, including hose allowance, is greater than 1,200 G.P.M., the Fire Dep artment Connection riser shall be 6" in nominal diameter and shall have a standard 4-way threaded 2 ½” connection.
viii. In a building complex, where two or more buildings are served, or identification of which building is served by separate Fire Department Connections; the Fire department will require signs of substantial construction to be posted at each Fire Department Connection identifying the respective buildings served. The minimum letter size shall be 1" on a contrasting background, white letters on a red background.
ix. Fire Department Connections shall be painted red (Rust -Oleum Safety Red # 2163 or equivalent).
x. Fire Department Connection piping shall be ductile iron from the private fire service main to the Fire Department Connection check valve above groun d. The pipe from the Fire Department Connection check valve to the Fire Department Connection shall be ductile iron pipe. The NFPA 13R Fire Department Connection piping shall be copper from the private fire service main. xi. Commercial fire hydrants with a 4" , x 2 1/2" x 2 1/2" outlets are required when fire flow demand is 1,500 GPM or greater.
Residential fire hydrants with a 4” x 2 ½” outlets are required when the fire flow demand is less than 1500 GPM. Existing residential fire hydrants that are located within 150’ of a building do not need to be upgraded to commercial fire hydrants if that hydrant(s) can provide the required fire flow.
xii. Private fire hydrants shall be painted red (Rust-Oleum Safety Red # 2163 or equivalent).
xiii. Blue reflective markers shall be installed to identify location of all fire hydrants. These markers shall be visible from both directions of vehicle travel.
xiv. Hydraulic calculations shall be provided for all private fire hydrant systems. Calculations shall be calculated back to the point of the flow test. The fire hydrant system shall meet the fire flow requirements as required by the California Fire Code.
xv. When the private fire service main serves both fire sprinkler system(s) and private fire hydrant(s), the hydraulic calculation shall include the fire hydrant flow rate with associated private fire hydrant(s) and fire sprinkler flow rate for a minimum design of 20 PSI residual pressure for the fire hydrant (s).
xvi. All private fire service mains and water tanks shall be inspected, tested, and maintained in accordance with California Code of Regulations, Title 19, Division 1, Chapter 5:
• Private fire hydrants of all types: Inspection annually and after each operation; flow test and maintenance completed annually. • Fire service main piping: Inspection of exposed, annually; flow test every five years.
• Fire service main piping strainers: Inspection and maintenance completed after each use.
• Records of inspections, testing and maintenance shall be maintained.
xvii. Dry barrel and wall hydrants shall be inspected annually and after each operation with the necessary corrective action taken as
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shown in table 7.2.2. 4 of the Cathedral City Fire Dept.
Development Guidelines.
xviii. Wet barrel shall be inspected annual and after each operation with the necessary corrective action taken as shown in table 7.2.2.5 of the Cathedral City Fire Dept. Development Guidelines.
c. Subsection 507.5.1 is amended to provide more stringent private fire hydrant placement requirements:
507.5.1 Where req uired. Minimum basic private fire hydrant spacing for multi-family residential (triplexes or greater, apartment houses, hotels, convents or monasteries) and all commercial or industrial properties shall be spaced not more than 300 feet along streets or fir e apparatus access roadways, so that all fire apparatus- accessible portions of the building are within 150 feet of a hydrant.
(All remaining provisions of Section 507 are unchanged)
J. The following Section 511 is added to provide reliable public safety communication:
Section 511 is added to ensure portable hand-held radios used by police and fire personnel often do not have the signal strength to send radio messages from within buildings or from underground parking garages to outside emergency responders. Installation of a Public Safety Radio System into the building will increase radio frequency amplification for all first responders and improve public safety:
SECTION 511 FEATURES AND REQUIREMENTS.
511.1 General. All new buildings four stories in height or taller and all subterranean levels of parking structures or existing altered buildings over twenty (20) percent shall meet the City of Cathedral City Public Safety Radio System Coverage specifications as determined by the Fire Chief.
K. The following modifications, amendments and deletions are made to Section 901:
1. Section 901.4 is amended to provide circumstances under which existing non-conforming buildings are required to comply with fire safety requirements for newly constructed buildings and structures:
901.4 Fire Protection and Life Safety Systems. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards.
Exceptions:
Existing n on-conforming buildings shall comply with all the fire safety requirements for a newly constructed building or structure under the following circumstances:
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a. When the floor area in an existing non -conforming building is increased greater than fifty (50) percent of the total square footage of the original building.
b. When a change in occupancy occurs in an existing non- conforming building which, in the opinion of the Fire Chief or Chief Building Official, significantly changes the use of the building. c. When structural repairs and/or alterations are made to an existing non-conforming building which exceeds fifty (50) percent aggregate replacement of the total square foo tage of the original building.
2. Section 901.6 is amended to provide additional provisions pertaining to inspections, testing and maintenance of fire detection, alarm and extinguishing systems:
901.6 Inspection, testing and maintenance. Fire detection, alarm and extinguishing systems shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. It shall be the responsibility of the owner to ensure that these requirements are met.
Non-required fire protection systems and equipment shall be inspected, tested and maintained or r emoved. Prior to the removal of any fire protection system, permission shall be obtained from the Fire Chief.
L. The following modifications, amendments and deletions are made Section 903:
1. Section 903.2 is amended to provide more stringent fire protection requirements by requiring the installation of approved automatic fire sprinkler systems in every newly constructed Group A occupancy building where one of the following conditions exist;
a. Section 903.2.1.1 is amended as follows:
903.2.1.1 Group A-1 An automatic sprinkler system shall be provided for Group A-1 occupancies where:
The aggregate fire area under the roof exceeds 3,000 square feet.
Fire resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section.
(The other provisions of section 903.2.1.1 remain the same)
b. Section 903.2.1.2 is amended as follows:
903.2.1.2 Group A-2 An automatic sprinkler system shall be provided for Group A-2 occupancies where:
The aggregate fire area under the roof exceeds 3,000 square feet. Fire resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section.
(The other provisions of section 903.2.1.2 remain the same)
c. Section 903.2.1.3 is amended as follows:
903.2.1.3 Group A-3 An automatic sprinkler system shall be provided for Group A-3 occupancies where:
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The aggregate fire area under the roof exceeds 3,000 square feet.
Fire resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section.
(The other provisions of section 903.2.1.3 remain the same)
d. Section 903.2.3 is amended as follows:
903.2.3 Group E. Except as provided for in Sections 903.2.3.1 for a new public school campus and 907.2.3.6 (Automatic fire alarm system) for modernization of an existing public school campus building(s), an approved automatic fire sprinkler system shall be provided for Group E occupancies where:
i) The aggregate fire area under the roof exceeds 3,000 square feet. Fire resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section.
ii) Throughout every portion of educational buildings below the level of exit discharge.
Exception: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level and the aggregate fire area under the roof does not exceed 3,000 square feet
(The other provisions of section 903.2.3 remain the same)
e. Section 903.2.4 is amended as follows:
903.2.4 Group F -1. An approved automatic fire sprinkler system shall be provided throughout all new buildings used for Group F occupancies where one or more of the following conditions exists:
i) Where a Group F -1 aggregate fire area under the roof exceeds 3,000 square feet regardless of stories.
ii) Where a Group F -1 fire area is located more than three stories above grade plane; or
iii) Where the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 3,000 square feet.
Fire resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section.
iv) Cannabis Cultivation and Manufacturing Sites: The Fire Department considers these uses to be a Group F -1
(Factory Industrial Moderate -Hazard Occupancy). A ll new construction is required to be fire sprinkled per the
amended Fire Code (see above requirements).
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Cannabis Cultivation and Manufacturing Sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:
(a) Where a Group F -1 fire area exceeds 12,000
square feet; or
(b) Where a Group F -1 fire area is located more than
three stories above grade plane; or
(c) Where the combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds
24,000 square feet.
(The other provisions of section 903.2.4 remain the same)
f. Section 903.2.7 is amended as follows:
903.2.7 Group M. An automatic fire sprinkler system shall be provided throughout buildings containing a Group M occupancy where one or more of the following conditions exist:
i) Where a Group M aggregate fire area under the roof
exceeds 3,000 square feet. regardless of stories.
ii) Where a Group M fire area is located more than three stories above grade plane; or
iii) Where the combined area of all Group M fire areas on all floors, including any mezzanines, under the roof exceeds 3,000 square feet.
Fire resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section.
g. Section 903.2.9 is amended as follows:
903.2.9 Group S-1. An automatic fire sprinkler shall be provided throughout all buildings containing a Group S -1 occupancy where one or more of the following conditions exists:
i) A Group S-1 aggregate fire area under the roof exceeds 3,000 square feet regardless of stories.
ii) A Group S-1 fire area is located more than three stories above grade plane; or
iii) The combined area of all Group S-1 fire areas on all floors, including any mezzanines, under the roof exceeds 3,000
square feet.
Fire resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section.
h. Section 903.2.9.1 is amended as follows:
903.2.9.1 Repair garages. An automatic sprinkler system shall be
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provided throughout all buildings used as repair garages in accordance with Section 406 of the California Building Code, where the aggregate fire area containing a repair garage under the roof exceeds 3,000 square feet or where the vehicles serviced are parked in the basement.
i. Section 903.2.10 is amended as follows:
i) 903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group S- 2 occupancy where one or more of the following
conditions exist:
(a) A Group S -2 aggregate fire area under the roof
exceeds 3,000 square feet regardless of stories;
Exception: Group S-2 carports – 100% open on all sides of non-combustible construction
(b) A Group S-2 fire area is located more than three
stories above grade plane; or
(c) The combined area of all Group S -2 aggregate fire
areas on all floors, including any mezzanines, under
the roof exceeds 3,000 square feet.
Fire resistive walls shall not be considered for reducing the fire area of the building for the purposes of this section.
An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.4 of the California Building Code or where located beneath other occupancy groups.
j. Section 903.2.10.1 is amended as follows:
903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial trucks or buses where the
aggregate fire area under the roof exceeds 3,000 square feet.
k. Section 903.2.20 is added to provide the conditions upon which automatic sprinkler systems must be installed for Group B occupancies:
903.2.20 Group B . An automatic sprinkler system shall be provided for Group B occupancies where one or more of the following conditions exists:
i) Where the aggregate fire area under the roof exceeds 3,000 square feet. Fire resistive walls shall not be
considered for reducing the gross floor area of the building for the purposes of this section.
ii) Where the fire area has an occupant load of 100 or more persons.
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iii) Where the fire area is located on a floor other than the level of exit discharge.
l. Section 903.2.20.1 is added to require the installation of automatic sprinkler systems for buildings constructed near an existing fire sprinkler protected structure:
903.2.20.1 Buildings proximately located to a protected building or structure. An approved automatic fire sprinkler system shall be installed in any building constructed within 10 feet of an existing fire sprinkler protected building or structure.
m. Section 903.2.21 is added to establish conditions in which tenant improvements or added square footage will result in the application of Section 903:
903.2.20.2 Tenant improvements. Section 903 shall apply to existing buildings undergoing tenant improvement where the improvement or added square footage results in the total aggregate fire area of the building increasing by 50% or more of the existing square footage.
(All other pro visions of Section 903.2 not expressly amended herein remain unchanged)
n. Section 903.2.22, is added for Group F-2 occupancies
903.2.21 Group F -2. An automatic sprinkler system shall be provided throughout all new buildings containing a Group F -2 occupancy when the fire area under roof exceeds 3,000 square feet.
o. Section 903.4.3 is amended to provide additional requirements for floor control valves:
903.4.3 Floor control valves. Approved supervised indication control valves shall be provided at the point of connection to the riser on each floor in buildings three or more stories in height unless otherwise approved by the Fire Chief. Valve locations will be determined and approved by the Fire Chief.
p. Section 903.6.1 is added for Increased Square Footage.
Section 903.6.1, Increased Square Footage.
Any existing building or structure undergoing construction or alteration which adds square footage exceeding the total aggregate floor area, as prescribed in Section 903.2 shall require an approved automatic fire sprinkler system.
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Exceptions: (1) One and two -family dwellings and manufactured homes (2) additions to occupancies equating to fifty (50) percent or less of total floor area. Fire Sprinkler requirements for these occupancies shall be determined based on the California Fire Code Table B105.1 – Minimum Required Fire Flow for Buildings.
M. The following modifications, amendments and deletions are made Section 907:
1. Section 907.2.13 is amended to include other occupancy types as requiring the installation of automatic fire alarm system and emergency voice/alarm communication systems:
907.2.13 High-rise, mid-rise buildings. High-rise and mid-rise buildings and buildings with a floor used for human occupancy located more than 55 feet above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and emergency voice/alarm communication system in accordance with Section 907.2.12.2
2. Section 907.2.18 is amended to require all underground buildings to be equipped with a manual fire alarm system:
907.2.19 Underground buildings . All underground buildings shall be equipped throughout with a manual fire alarm system, including an emergency voice/alarm communication system installed in accordance with section 907.2.12.2.
N. The following modifications, amendments and deletions are made Section 908:
1. Section 908.3.1 is added:
908.3.1 Alarms. The gas detection system shall initiate a local alarm and transmit a signal to a constantly attended control station when a short - term hazard condition is detected. The alarm shall be both visible and audible and shall provide warning both inside and outside the area where gas is detected. The audible alarm shall be distinct from all other alarms.
2. Section 908.3.2 is added:
908.3.2 Shutoff of gas supply. The gas detection system shall automatically close the shutoff valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for reactors utilized for the production of highly toxic or toxic compressed eases where such reactors are:
a. Operated at pressures less than 15 pounds per square inch (psi).
b. Constantly attended.
c. Provided with readily accessible emergency shut-off valves.
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3. Section 908.3.3 is added:
908.3.3 Valve closure. The automatic closure of shutoff valves shall be in accordance with the following:
a. Where the gas-detection sampling point initiates the gas detection system alarm, which is within a gas cabinet exhausted enclosure, the shutoff valve in the gas cabinet or exhausted enclosure for the specific gas detected shall automatically close.
b. Where the gas-detection sampling point initiates the gas detection system alarm, which is within a gas room and compressed gas containers are not in gas cabinets or exhausted enclosures, the shutoff valves on all gas lines for the specific gas detected shall automatically close.
c. Where the gas-detection sampling point initiates the gas detection system alarm, wh ich is within a piping distribution manifold enclosure, the shutoff valve for the compressed container of specific gas detected supplying the manifold shall automatically close.
Exception: When the gas-detection sampling point initiates the gas detection system alarm, which is at a use location or within a gas valve enclosure of a branch line down -stream of a piping distribution manifold, the shutoff valve in the gas valve enclosure for the branch line located in the piping distribution manifold enclosure shall automatically close.
O. The following modifications, amendments and deletions are made Section 914:
1. Section 914.2.1 is amended to delete the Exception provided under paragraph 5:
914.2.1.5 An automatic sprinkler system shall not be required in spaces or areas of open parking garages separated from the covered or open mall in accordance with Section 402.4.2.3 of the California Building Code and constructed in accordance with Section 406.5 of the California Building Code.
(All other provisions of section 914.2.1 are the same)
2. Section 914.3.1.1.2 is amended to delete the Exception:
914.3.1.1.2 An automatic sprinkler system shall not be required in open parking garages in accordance with Section 406.5 of the California Building Code.
(All other provisions of section 914.3.1 are the same)
P. Section 1103.11 is added Increased Hazard Class in Change of Use
1. Section 1103.11 Increased Hazard Class in Change of Use . An approved fire alarm system shall be installed in existing, non -sprinklered buildings when a change of use occurs resulting in a higher hazard
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classification.
2. Section 1201.1.1 is added Other Systems
3. Section 1201.1.1, Other Systems. Where required by the Fire Code Official, other systems and operations including but not limited to battery systems assembly, battery reconditioning and storage, research and development of battery storage systems, electric vehicle manufacturing and testing, and battery charging systems for cars or carts inside of buildings or structures, shall comply with this chapter.
Exception: When approved by the Fire Code Official, charging stations for electric vehicles located in open parking garages of Type I or II construction.
Q. Section 3106.4.8 is added to regulate fire protection measures for parade floats:
SECTION 3106.4.8 PARADE FLOATS
1. 3106.4.8.1 Decorative materials. Decorative materials on parade floats shall be non-combustible or flame retardant.
2. 3106.4.8.2 Fire protection. Motorized parade floats and towing apparatus shall be provided with a minimum 2 -A: 1O-B:C rated portable fire extinguisher readily accessible to the operator.
3. 3106.4.8.3 A twelve (12) inch minimum clearance of decorative materials shall be maintained around the vehicle and/or generator.
3106.4.8.4 Portable generators shall be secure from tipping and subject to approval by the fire code official.
R. Section 5614 is added to regulate fireworks:
Section 5614 FIREWORKS
1. 5614.1 Prohibition. The manufacture, sale, possession, storage, handling or use of "safe and sane" fireworks as currently defined in the California Health and Safety Code section 12529 or "dangerous fireworks" as currently defined in the California Health and Safety Code section 12505 or thereafter amended by state statute is prohibited in the City.
The provisions of this section do not apply to fireworks displays conducted in accordance with the provisions of any permit issued pursuant to this chapter.
2. 5614.2 Seizure of fireworks. The Fire Chief, any authorized Fire Chief, or his or her designee, peace officer or other city official authorized to enforce the City's Municipal Code may seize, take, remove, or cause to be removed at the expense of the owner all prohibited fireworks and explosives. This will include all persons, firms or corporations who manufacture, sell, possess, store, handle or use any prohibited fireworks or explosives.
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S. The following modifications, amendments and deletions are made Section 5704:
1. Section 5704.2.9.6.1.4.1 is added to prohibit the installation of combustible/flammable liquid tanks in residential districts:
5704.2.9.6.1.4.1 Location
The installation of underground combustible and/or flammable liquid tanks is hereby prohibited in all residential districts. The Fire Chief may authorize installation of underground combustible/flammable liquid tanks in agricultural, commercial and manufacturing districts.
2. The definition of Secondary Containment in Section 5704.2.9.7.4 added:
SECONDARY CONTAINMENT- That level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.
T. Section 6109 is added regarding liquefied petroleum gas (LPG):
1. 6109.1.1 New Installation of Liquefied Petroleum Gas . All new installation of liquefied petroleum gas with an aggregate capacity of 2,000 gallons or more shall be protected by an approved automatic fixed water spray system. The system shall protect the entire surface area of the tank and the cargo tanker transfer area. The system shall be calculated to provide a minimum density of .25 gallons per minute per square foot with a one-hour duration water supply.
A copy of the foregoing modifications, amendments and deletions to the Fire Code shall be maintained in the City's Building and Fire Departments and available for public inspection.
Section 9. COPIES OF CODES, ORDINANCE MAINTAINED
A copy of the codes adopted herein, together with a copy of this ordinance, shall be on file with the Building and Safety Division and maintained by the Chief Building Official for use and examination by the public. A copy of the Fire Code and the amendments thereto shall be maintained by the Fire Chief for use and examination by the public. Copies of the City of Cathedral City Fire Department Development Guidelines and the Cathedral City Public Safety Radio System Coverage Specifications, as referenced in Municipal Code section
8.12.060 as provided by this ordinance, are attached hereto and incorporated herein by reference.
Section 10. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 11. REPEAL OF CONFLICTING PROVISIONS
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All the provisions of the Cathedral City Municipal Code as heretofore adopted by the City of Cathedral City that are - in- conflict with the provisions of this ordinance are h ereby repealed.
Section 12. EFFECTIVE DATE
This ordinance shall take effect on January 1, 2023.
Section 13. AMENDING OF BAIL SCHEDULE
The City Attorney's Office is hereby directed to determine whether this ordinance necessitates amendment of the City's Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County.
THIS AREA INTENTIONALLY LEFT BLANK
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Section 14. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
The foregoing Ordinance was approved and adopted at a meeting of the City Council held on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Ernesto Gutierrez, Mayor
ATTEST: APPROVED AS TO CONTENT:
Tracey R. Hermosillo, City Clerk Gil Estrada, Chief Building Official
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Eric S. Vail, City Attorney XXXXX, Fire Chief
Reviewed by:
Charles P. McClendon, City Manager
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Cathedral City Page 1 of 3 Printed on 11/3/2022
Staff Report
City Council
Item No. 7.C
Meeting Date: November 9, 2022
From: John Corella, Director of Engineering/Public Works Title: Award of Design Professional Services Agreement between the City with HR Green for Date Palm Drive Pavement
Rehabilitation Project (City Project No. C08840)
City Council
RECOMMENDATION:
To approve a Design Professional Services Agreement with HR Green Inc. for the design and preparation of bid ready construction documents for the Date Palm Drive Pavement Rehabilitation Project (Project No. C08840) in the not to exceed amount of $241,443; and authorize the City Manager to execute the agreement; and, authorize the Director of Engineering/Public Works to execute a Task Order in the amount not to exceed $10,000 for “On -Call” material testing and geotechnical services related to the project; and authorize a budget amendment in the amount of $251,443 from available FY 2022/2023 Maintenance of Effort (MOE) funds for the completion of the design work.
BACKGROUND:
Date Palm Drive is a primary economic and lifeline corridor for the City of Cathedral City and serves as the City’s only north/south truck route . The corridor is relied on by the public, and others for commerce, residential, regional circulation, and other uses. It interconnects with major arterials passing through adjacent jurisdictions, connects to US Interstate 10 (I -10) and East Palm Canyon Drive. Over time, t he corridor experiences high amounts of traffic resulting in excessive wear to the pavement. Though the roadway is maintained, many portions of this roadway require complete reconstruction.
In the past years the Agua Caliente Band of Cahuilla Indians (ACBCI) has entered agreements with the City to participate in funding of roadways providing access wit hin and leading to Reservation lands. These roadways are important to the ACBCI because they serve the entire ACBCI community. As these roads are identified, these roads are placed into the Tribal Transportation Program Transportation Improvement Program (TTP) for funding allowing roadway improvements to be made.
In August of 2019, an Intergovernmental Memorandum of Understanding (MOU) between the City and the ACBCI established the use of TTP funds for the design, construction, and maintenance of public roads classified as Trib al Reservation Roads.
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Under the MOU, the Tribe will provide up to $5.0 million over a 10 year -period toward road construction projects. Date Palm Drive is classified as a Tribal Reservation Road and therefore, a reconstruction pro ject on Date Palm Drive is eligible for this TPP funding.
DISCUSSION:
The City’s Engineering Staff has identified Date Palm Drive roadway segment between Ramon Road and Dinah Shore Drive as the first area along this corridor in need of pavement rehabilit ation. The segment is approximately one mile in length and will require a full pavement rehabilitation, drainage improvements, infill sidewalks, ADA ramps, and traffic striping. City staff also identified the intersection of 30 th Avenue and Date Palm Driv e, as another area in need of pavement rehabilitation and recommends the construction of concrete approach lanes along Date Palm Drive.
A Request for Proposal (RFP) for professional engineering design services was issued and advertised in the Desert Sun o n September 22, 2022 and September 29, 2022, posted at City Hall and uploaded to the City’s webpage.
On October 17, 2022, the City received one proposal, which is from HR Green Inc., in response to the RFP. Even though only one proposal was received, Staff evaluated the proposal according to the guidelines specified in the RFP document and determined that HR Green Inc. possesses the experience and qualifications to meet the design requirements of Date Palm Drive Pavement Rehabilitation Project (Project). HR Green’s cost proposal is in the amount of $152,008 was determined to be within the limits of what would be expected for this service.
In looking at the Date Palm Drive corridor overall, and t o maximize the design efforts if construction costs allow, Staff also requested HR Green Inc. to provide a separate cost proposal that would extend the design limits of the work along Date Palm Drive from Dinah Shore Drive to Geral d Ford Drive. HR Green’s submitted a cost proposal for this additional work is $89,435. This additional work will provide a set of plans that can be used to extend the current proposed Project to Gerald Ford Drive , if construction funds are available or in the future as the next project.
A cost breakdown for the design of Date Palm Driv e Pavement Rehabilitation Project , including the additional design work is as follows:
Scope Amount
Design of Date Palm Drive from Ramon Road to Dinah Shore Drive $152,008 Design of Date Palm Drive from Dinah Shore Drive to Gerald Ford Drive $89,435 Sub Total for Design = $241,443
On-Call Material Testing and Geotechnical Services (estimated) $10,000 Total Design Project Cost: $251,443
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City Engineering Staff is requesting City Council approve a Design Professional Services Agreement with HR Green I nc. for the design and preparation of bid ready construction documents for the Date Palm Drive Pavement Rehabilitation Project (Project No. C08840) in the amount $241,44 3, authorize the City Manager to execute the Agreement, authorize the Director of Engin eering/Public Works to execute a Task Order in the amount not to exceed $10,000 for “On -Call” material testing and geotechnical services related to the Project for the design phase and authorize a Budget Amendment in the amount of $251,44 3 from available F Y 2022/ 2023 Maintenance of Effort (MOE) funds for the completion of the design work
FISCAL IMPACT:
FY 2022/2023 Budget
The Fiscal Year 2022/ 2023 has a remaining balance of $1.629 million in the Maintenance of Effort (MOE) account comprised of:
Existing Projects (FY 2021/2022
Rollover) $ 220,000
Unutilized MOE (FY 2021/2022 Rollover) $ 509,000
FY 2022/2023 MOE $ 900,000
Total MOE $ 1,629,000
Project Design Phase
The total design Project cost in the amount of $251,44 3 will be funded wi th the MOE account, leaving the $5.0 Million in ACBCI committed TTP Funds available for the construction of the Project.
ATTACHMENTS:
Project Location Exhibits
HR Green Technical Proposal to Cathedral City - Date Palm Drive Project HR Green Cost Proposal to Cathedral City - Date Palm Drive Proposal HR Green Additional Cost Proposal - Date Palm Drive Proposal Design Professional Services Agreement - HR Green Pacific, Inc
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Imagery ©2022 CNES / Airbus, Maxar Technologies, USDA/FPAC/GEO, Map data ©2022 500 ft Ramon Rd
Dinah Shore Dr
Date Palm Dr
North
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Attachment: Project Location Exhibits (3480 : Award PSA with HR Green for the Date Palm Pavement Imagery ©2022 CNES / Airbus, Maxar Technologies, Map data ©2022 50 ft Date Palm DrDate Palm Dr
30th Ave30th Ave
North
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Attachment: Project Location Exhibits (3480 : Award PSA with HR Green for the Date Palm Pavement Imagery ©2022 CNES / Airbus, Maxar Technologies, USDA/FPAC/GEO, Map data ©2022 500 ft Dinah Shore Dr.
Date Palm Drive
Gerald Ford Drive
North
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Attachment: Project Location Exhibits (3480 : Award PSA with HR Green for the Date Palm Pavement OCTOBER 18, 2022
City of Cathedral City
RESPONSE TO RFP FOR
Engineering Design Services - Date Palm Drive Pavement
Rehabilitation
Chase Keys, PE
44651 Village Court I Suite 123
Palm Desert, CA 92260
Phone 855.900.4742 Direct 760.262.4316
[email protected]
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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Andres Perez October 18, 2022
Assistant Civil Engineer
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Re: Date Palm Drive Pavement Rehabilitation Project Moving Cathedral City Forward Together
Dear Andres and Other Selection Committee Members,
When deciding to improve a vital City arterial such as the Date Palm Corridor, the City needs to have a design team that is aware of not only the requirements to improve the street now, but also consider the future enhancements to the surrounding area. As Cathedral City continues to grow in population, infrastructure improvements beyond street rehabilitation should also be considered. Additionally, since Date Palm Drive is a primary route for SunLine Transit, consideration should be given to incorporating concrete bus pads. Also, since the City’s 2040 General Plan identifies proposed on-street bike lanes, this is the perfect time to review potential enhancements to the proposed design.
This is where HR Green Pacific, Inc. (HR Green) can assist and guide Cathedral City through the process of developing plans for the short-term and long-term projects.
The team that HR Green has assembled provides a proven track record of collaboration and project execution necessary to successfully deliver a vital enhancement to the community such as the Date Palm Drive pavement rehabilitation project. All the critical components of this project are managed by the individual subconsultant’s team leaders as well as the proven experience and leadership of our Project Manager, Chase Keys, PE . Chase has collaborated with many of our team members on similar projects in the past.
TECHNICAL PROFICIENCY/INNOVATIVE SOLUTIONS TO DELIVER QUALITY & STREAMLINE PROCESSES Leveraging an unparalleled depth of consulting expertise, innovative thinking, best practices, and leading-edge technologies, HR Green will deliver services that save you time and money, and enhance your operations. Our staff will implement proven processes to maximize the City’s return on investment.
We will protect the City’s best interests by providing comprehensive, quality, responsive, technically proficient and timely services. You can have confidence that our staff will protect your interests, anticipate your needs, and proactively communicate with you throughout the design, bid, and construction phases.
SUMMARY OF KEY ELEMENTS OF OUR PROPOSAL
Throughout our proposal we have provided the depth of experience our project team has on similar projects and for similar agencies. Our list of representative projects shows that over the years we have consistently delivered projects on time and within budget to the satisfaction of our clients. That fact is evidenced by our clients continuing to call on HR Green to deliver important projects for their respective agencies again and again.
HRGREEN.COM
44651 Village Court | Suite 123
Palm Desert, CA 92260
Main 760.262.4311 + Fax 713.965.0044
HR Green® | Building Communities. Improving Lives.
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Attachment: HR Green Technical Proposal to Cathedral City - Date Palm Drive Project (3480 : Award PSA with HR Green for the Date Palm Our key personnel have been chosen for this project due to their years of experience with similar projects. This team has worked together numerous times and can seamlessly transition to the work associated with the Date Palm Drive Improvements. In addition to internal HR Green staff, our project team also consists of Fomotor Engineering, locally based in the Coachella Valley (Palm Springs). Fomotor will subconsult to HR Green for surveying services.
OUR DIFFERENTIATORS / WHY HR GREEN IS BEST SUITED TO DELIVER THIS PROJECT Our Project Manager, Chase Keys, PE has completed similar projects for nearby agencies such as Moreno Valley, Hemet and Jurupa Valley. Additionally, Chase is HR Green’s top pavement design manager and is well versed in all pavement management strategies, design standards and construction methods. Your design will be in very safe hands! We are locally based in the Coachella Valley (office in palm Desert). Our team works where you do and our team is available to update your PMP as new projects are constructed and pavement conditions change with usage over time. We understand the desert community, the unique environmental challenges and local concerns that impact project design and scheduling.
We know the Coachella Valley; our team has worked with the majority of the communities in the Valley and are committed to Cathedral City’s success.
We exclusively serve public agencies in California . With over ten decades of experience, HR Green is known for innovative and reliable approach to service and delivery as well as commitment to close communication.
CONTACT PERSON AND LOCAL OFFICE LOCATION
Chase Keys, PE I 44-651 Village Court | Suite 125 I Palm Desert, CA 92260 I Office: 855.900.4742 Direct: 760.262.4316 I Email: [email protected]
This letter is signed by Timothy Hartnett, our Vice President and Principal-in-Charge, who can bind the company contractually.
Conflict of Interest Statement: HR Green is not aware of any client relationships that could present a conflict of interest or affect the proposed project.
HR Green brings a successful track record to deliver the pavement rehabilitation services you are seeking.
Please feel free to reach out to Chase with any questions. We look forward to serving you.
Sincerely,
HR GREEN PACIFIC, INC.
Chase Keys, PE Tim Hartnett
Project Manager Vice President and Principal-in-Charge Andres Perez