CITY COUNCIL
AGENDA
Study Session
Wednesday, December 14, 2022
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
MAYOR
Rita Lamb
CITY COUNCIL MEMBERS
Mayor Pro Tem
Mark Carnevale
Councilmember
Nancy Ross
Councilmember
Raymond Gregory
Councilmember
Ernesto Gutierrez
• CALL TO ORDER
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.
1. CLOSED SESSION
A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees:
AFSCME - American Federation of State, County and Municipal Employees
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 request a matter be agendized for a future meeting. Public Comment will be limited to three (3) minutes.
3. STUDY SESSION
Normally no action is taken on Study Session items, however, the City Council reserves the right to give specific policy direction and take specific action as necessary. Presentation will be limited to 10 minutes unless other provisions are made in advance.
A. Presentation -Free Online Landscaping Certification Training Recommendation: This is a presentation only. There is no formal action required.
B. Update on Cathedral City WaterSmart Landscapes Grant Program Recommendation: The update on the Cathedral City WaterSmart Landscapes Grant Program is presented for City Council information, discussion and direction.
C. Sidewalk Vendor Ordinance
Recommendation: This item is presented for information, discussion and direction only.
D. Street Hump Policy Review
Recommendation: Staff is presenting the City's Speed Hump Policy to the City Council for discussion, comments and direction.
ADJOURN
NOTES TO THE PUBLIC:
The City of Cathedral City complies with the Americans with Disabilities Act of 1 990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.
If you desire to address the City Council during the meeting, please complete a Request t o 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 ins pection 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.
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Staff Report
City Council
Meeting Date: December 14, 2022
From: Charles McClendon, City Manager
Title: Conference with Labor Negotiator Pursuant to Government Code Section 54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees:
AFSCME - American Federation of State, County and Municipal Employees
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Staff Report
City Council
Item No. 3.A
Meeting Date: December 14, 2022
From: Tracey Hermosillo, City Clerk
Title: Presentation -Free Online Landscaping Certification Training
City Council
RECOMMENDATION:
This is a presentation only. There is no formal action required.
DISCUSSION:
The College of the Desert, Partnership and Community Education (PaCE) is partnering with Coachella Valley Association of Governments (CVAG) and Coachella Valley Water District (CVWD) to provide FREE online Landscapi ng Certification Training for Landscapers applying for or renewing a business license. Veronica Izurieta, Director, Partnership and Community Education, College of the Desert, will provide an overview of the program.
FISCAL IMPACT:
There is no fiscal impact with this item.
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Staff Report
City Council
Item No. 3.B
Meeting Date: December 14, 2022
From: John Corella, Director of Engineering/Public Works Title: Update on Cathedral City WaterSmart Landscapes Grant Program
City Council
RECOMMENDATION:
The update on the Cathedral City WaterSmart Landscapes Grant Program is presented for City Council information, discussion and direction.
BACKGROUND:
In 2004, The WaterSmart Landscapes Grant Program (Program) was created to address the environmental issues inherent in the Panorama area’s green landscaping practices. Proactively, the Cathedral City Council approved the implementation of an innovative pilot program to educate, encourage and assist residents in the area to replace their lush landscaping with xeriscape, a more drought tolerant landscaping method. Xeriscape, a source reduction program, can reduce landscape water use by 60% or more. In xeriscape, the traditional expanse of lawn is replaced by drought-hardy plants, low water perennials, organic mulches and water-conserving grasses.
The City’s Environmental Conservation Manager originally initiated a pilot program by creating specific guidelines and a formal application for the Panorama area residents .
Postcards were sent to every household located in the P anorama area outlining the water-saving and time -saving virtues of conversion to xeriscape. To provide further incentive, qualifying residents receive d matching funds of $500 for their participation in the pilot program.
Inherent in the xeriscape philosophy is the reduction of green waste. So logically, funds for the Program come from the City’s AB 939 Environmental Conservation Fund. This fund was established in response to the State legislature’s passing of AB 939 laws declaring that each community must designate certain monies for source reduction and recycling programs. Source reduction programs are an important component of AB 939 programs. Source reduction is defined as any action or process that reduces the creation of waste. The Cathedral City WaterSmart Landscapes Grant program reduces the amount of waste being generated, thus decreasing the amount of waste requiring
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disposal. Source reduction programs complement other AB 939 approved programs such as recycling, composting and public education.
In 2006, after the success of the Panorama pilot program, the City Council approved expanding the grant Program to all Cathedral City residential properties.
The Program not only eliminates greenwaste but also directly impacts the water run -off onto public streets eliminating unnecessary asphalt repairs, reducing the amount of standing water within neighborhoods and allows the City to sweep the streets more efficiently.
Beginning in 2008, the Coachella Valley Water District (CVWD) and Dese rt Water Agency (DWA) began analyzing Cathedral City’s WaterSmart Landscapes Grant Program with the goal of developing their own rebate program , with the objective to conserve water. Today, CVWD and DWA offer $3 per square -foot in rebate funds for the con version of commercial properties and residential properties ( front, side, and backyards).
Per the Program guidelines, Residents can qualify and receive rebates from both the Cathedral City and CVWD/DWA programs.
Cathedral City’s WaterSmart Landscapes Grant Program ~ Process
Qualifying projects should include the following: removal of grass located in the front yard and replacement with drought tolerant landscaping, removal or relocation of sprinkler system so that it only services turf and drought tolerant planting and does not spill over onto sidewalks or streets. Residents that qualify will receive dollar -for-dollar match up to a maximum of $500 of City AB 939 funds. To receive reimbursement, residents are required to obtain final approval of t he work from the Environmental Conservation Manager and submit receipts. Grants will be awarded to qualified residents.
Step 1: Residents contact the City’s Environmental Conservation Manager to request a Grant Application. At this time, the Application is not offered on -line or available for pick-up at City Hall. To provide accurate information, the resident must discuss the program with the Environmental Manager before the Application is mailed in. It is Staff’s belief that explaining the Program to residents verbally and before they receive a Grant Application eliminates confusion on the part of the resident.
Step 2: Resident completes and submits the Grant Application to the City along with a picture of their front lawn.
Step 3: City Staff confirms that the Application is valid, and the property address listed on the Application is indeed located in Cathedral City.
Step 4: Once the Application is approved, Staff mails a Grant Agreement Packet to the resident which includes information on how to obtain reimbursement.
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Step 5: When the renovation project is completed, residents submit to the City a signed copy of the Grant Agreement, completed copies of Exhibits B and C, copies of receipts ($1,000) and a picture of the finished project.
Step 6: Staff will confirm that the project has been completed and if so, process the reimbursement check. Reimbursement usually takes 2-3 weeks.
DISCUSSION:
Cathedral City’s WaterSmart Landscapes Grant Program Activity Recap
Below is an activi ty recap beginning 2004 to current on Cathedral City’s WaterSmart Landscapes Grant Program:
Applications
Approved
Renovation
Projects
Completed
Environmental Funds
Spent (reimbursement to
Property Owner)
Total Square Footage of
Greenwaste Eliminated
2,377 1,030 $515,000 1,582,950
• The average square footage of residential front lawns in Cathedral City is 1,000 s/f.
• On average residents have spent $2,000 on their renovation projects.
• There are residents that chose to do more elaborate renovation s and those costs can range from $5,000 to $12,000 but are not as common as the $1 ,000 to $2,000 projects.
Expanding Cathedral City’s WaterSmart Landscapes Grant Program
Staff is proposing to revise the WaterSmart Landscapes Grant Program and allow communities managed by an HOA to participate. The current grant process must be completed by the property owner and the rebate funds are paid directly to the property owner. The current grant process makes it challenging for HOA’s to participate as most property frontages are communal and under the HOA’s purview.
Cathedral City has a few communities like Shadowcrest, located within the Rio Vista area, that are in the process of converting front lawns within their community from gras s to drought tolerant landscaping. Cathedral City’s WaterSmart Landscapes Grant program could offer a dollar-for-dollar match of up to a maximum of $500 per property within the development and allow the management companies for the HOA’s to complete one application for all p roperties and receive the rebate on behalf of the property owners. In the case of Shadowcrest which has 42 homes, the rebate the HOA would receive from the City would be $21,000.
This update by Staff on the Cathedral City WaterSmart Landscapes Grant P rogram is presented for City Council information, discussion and direction.
FISCAL IMPACT:
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No general fund dollars are allocated towards the existing Program. The addition of the HOAs into the Program will expand the overall effectiveness of the original Program.
The City’s AB 939 Environmental Funds support the City’s WaterSmart Landscape s Grant Program by e ducating the public and implementing drought tolerant landscaping methods which is a qualifying program under AB 939.
ATTACHMENTS:
Cathedral City WaterSmart Landscapes Grant Program
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Program was created to educate, encourage and assist
residents of Cathedral City with the co nversion of their current lush (green) landscaping to a more drought tolerant landscaping, ultimately utilizing water more efficiently and reducing the amount of water run-off in our city. The program helps property owners convert water-thirsty grass to xeriscape, a lush yet water-e fficient landscape in the front yards of residential properties. Qualifying projects should include the following:
• Removal of grass located in the front yard and replacement with drought tolerant landscaping. • Removal or relocation of sprinkler system so that it only services turf and drought tolerant planting and does not spill over onto sidewalks or streets.
Residents that qualify will receive dollar for dollar match up to a maximum of $500 per property. In order to receive reimbursement, you will be required to obtain final approval of the work from the Environmental Conservation Manager and submit receipts. Grants will be awarded to qualified residents on a first come first served basis.
If you are still interested in participating in the grant program, please e-mail [email protected] or call 760.770.0369 and provide the following information:
First & Last Name
Property Address
Mailing Address (if different from property address)
Phone Number
Once the information above is received, a grant application will be mailed to you.
Please complete the application and mail application back to the City with a picture of your front lawn as it is today – no matter what condition the lawn is in.
Once your application is approved, a grant agreement packet will be mailed to you. The grant agreement packet includes information and forms that you will need to submit once the project has been completed.
In order to receive the full $500, you must submit $1,000 worth of receipts. If the project cost exceeds $1,000, there is no need to submit copies of every receipt. Receipts totaling $1,000 is all you need to submit. If the renovation project costs less than $1,000, you will receive a reimbursement amount of 50% of the total cost (example - a project costing $800 would receive $400 in grant funds).
A reimbursement check will be processed within two to three weeks from final submittal of all paperwork.
Thank you
Cathedral City WaterSmart Landscapes Grant
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Attachment: Cathedral City WaterSmart Landscapes Grant Program (3536 : WaterSmart Landscapes Grant Program)
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Staff Report
City Council
Item No. 3.C
Meeting Date: December 14, 2022
From: Sandra Molina, Code Compliance/Development Manager Title: Sidewalk Vendor Ordinance
City Council
RECOMMENDATION:
This item is presented for information, discussion and direction only.
BACKGROUND:
On November 9, 2022, the City Council conducted a study session on the proposed Sidewalk Vendor ordinance.
Staff received direction from the Council on this item and have re -drafted the ordinance based on the direction.
Based on the input received, Staff felt it would be beneficial to have a second study session prior to scheduling at a regular meeting for formal consideration.
DISCUSSION:
The attached draft ordinance (shown in redline) has been revised, which include changes in accordance with the Council’s direction, particularly:
Section 5.98.060 – Application requirements
A.iii Proposed hours of operation.
This section has been revised to state that vending in residential zones is not permitted between the hours of 8:00 p.m. and 7:00 a.m. In non -residential zones, the City must allow the same hours of operation as those permitted for commercial/industrial uses.
This section has been revised to be consistent with the City’s zoning ordinance and does not limit the hours of operation in non-residential zones.
A.iv Proposed location of operation.
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This section has been revised to require this information for stationary vendors only as roaming vendors are mobile and can operate within most areas of the city. Stationary vendors can only operate in non -residential areas and a map will be created that shows these permissible areas.
A.vii – A photograph of the vending cart.
This section is revised so that a vendor can provide a general written description, diagram or photograph.
A.viii – Proof of valid license.
This is revised to clarify that proof of a valid business license.
A.ix – Proof of valid liability insurance.
In keeping with the intent and purpose of SB 946, this section has been deleted.
5.98.110 Operational requirements
New subsection E was added to prohibit the sale of alcoholic beverages, cannabis, tobacco products, weapons, fireworks, and illegal materials and other contraband.
5.98.150 Removal and/or seizure of cart, food, goods or merchandise, or vending equipment, which creates an imminent danger
Revisions to this section reflect the discussion during the study session. As re -written, removal or seizure of product and/or equipment would only occur in the following circumstances:
• Abandoned or Illegally lo cated Carts. An enforcement officer may request a sidewalk vendor to remove any cart if the cart is creating an imminent safety hazard or is placed within a prohibited area. If the vendor refuses, or the cart is abandoned, the cart may be removed and/or seized. A thirty (30) day s’ notice would be provided to redeem the cart. If not claimed, the cart may be disposed of.
As an example, an illegally located cart would include stationary vendor carts in residential zones or that are blocking public sidewalks. • Food products. An enforcement officer may immediately seize and/or dispose of any food products that are obviously spoiled, rotten, infested or otherwise unsuitable for human consumption, or has been abandoned or determined by a County health official or code officer trained in food handling to create an imminent threat to health and safety.
• Goods, Merchandise, and Vending Equipment. If goods, merchandise, or vending equipment create an imminent threat to health, safety, and welfare, an enforcement officer may request the vendor to remove them. If the vendor
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refuses, the enforcement officer may remove and/or seize the items and 30 days ’ notice would be provide to claim the items. Illegal goods or contraband seized is not subject to the notice of redemption, but can be appealed.
5.98.156 Appeal of Administrative Citation or Seizure/Disposal A new section was added regarding filing appeals of citations issued or seizure of products/equipment.
FISCAL IMPACT:
Currently, there is a n annual permit fee of $192 fo r a peddler’s permit with a n annual renewal fee of $100. The anticipated staff resources needed to process a street vendor permit is similar to that of the peddler permit. Staff recommends the same fee schedule for sidewalk vendor permits, thereby, offsetting staff costs.
ATTACHMENTS:
Sidewalk Vendor Ordinance
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ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL
CITY, CALIFORNIA, ADDING CHAPTER 5.98 "SIDEWALK
VENDORS" TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE REGULATING SIDEWALK VENDORS IN
COMPLIANCE WITH SENATE BILL 946
WHEREAS, Senate Bill 946 was approved by the Governor in September, 2018, prohibiting a local authority from regulating sidewalk vendors, except in accordance with the provisions of the Bill; and
WHEREAS, Senate Bill 946 authorizes the City Council to ado pt by ordinance additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety or welfare concerns; and WHEREAS, Senate Bill 946 went into effect January 1, 2019; and WHEREAS, the City Council desires to establish a sidewalk vending program that will benefit the City as a whole by facilitating entrepreneurship and providing economic opportunity for people to support themselves and their families; and WHEREAS, the establishment of a sidewalk vending program under the authority provided in Senate Bill 946, shall ensure protection of the health, safety, and welfare of City residents, businesses and visitors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ORDAINS AS FOLLOWS:
SECTION 1. ADDITION OF CHAPTER 5.98 TO TITLE 5 OF THE CATHEDRAL CITY
MUNICIPAL CODE
Chapter 5.98 "Sidewalk vendors" is hereby added to Title 5 of the Cathedral City Municipal Code to read as set forth in the attached Exhibit A.
SECTION 2. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by r eason 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.
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
SECTION 3. CEQA
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 physical changes in the environment.
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 certification, together with proof of posting, to be entered 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 GutierrezRita Lamb, Mayor
ATTEST:
____________________________
Tracey Hermosillo, City Clerk
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
APPROVED AS TO FORM:
_________________________________
Eric S. Vail, City Attorney
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
EXHIBIT A
TITLE 5
Chapter 5.98
"Sidewalk vendors"
5.98.010 – Purpose.
The purpose of this chapter is to establish a sidewalk vending progra m within the jurisdictional boundaries of the city while maintaining regulations that are directly related to the objective health, safety, and welfare of the city.
5.98.020 – Definitions.
The following definitions apply to this chapter:
A. “Cart” means any pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, and includes a stationary cart or a mobile cart.
B. “Director” means the director of the city’s planning department.
C. “Enforcement officer” means any city code enforcement officer or other employee authorized by the city to enforce the provisions of the city’s municipal code.
D. “Food” means any type of edible substance or beverage.
E. “Goods” or “merchandise” means any item that is not food.
F. “Health d epartment” means the Riverside County Department of Environmental Health.
G. “License” means a business license issued pursuant to chapter 3.28 of the City of Cathedral City Municipal Code.
H. “Mobile cart” means a pushcart, pedal -driven cart, wagon, or other nonmotorized conveyance used by a roaming sidewalk vendor.
I. “Permit” means a permit issued to a sidewalk vendor in accordance with this chapter.
J. “Person” or “persons” means one or more natural persons, individuals, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer or employee of any of them), whether
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
engaged in business, nonprofit or any other activity.
K. “Roaming sidewalk vendor” has the same meaning as set forth in Government Code section 51036(b), and includes a sidewalk vendor who moves from place to place and stops only to complete a transaction.
L. “Rules and regulations” means the rules and regulations established by the director concerning the sidewalk vending program th at is intended clarify and aid in the administration and enforcement of this chapter.
M. “Sidewalk” means any surface in the public right of way provided for the use of pedestrians.
N. “Sidewalk vending program” means the program established by this chapter that is applicable to sidewalk vending-related activities.
O. “Sidewalk vendor” has the same meaning as set forth in Government Code section 51036(a), and includes a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
P. “Stationary cart” means a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conve yance, that is intended to be operated from a fixed location by a stationary sidewalk vendor instead of being moved from place to place, where stops are limited to completing a transaction.
Q. “Stationary sidewalk vendor” has the same meaning as set forth in Government Code section 51036(c), and includes a sidewalk vendor who vends from a fixed location.
R. “Vehicle” means a motorized vehicle as defined in Vehicle Code section 670.
5.98.030 – Administration.
The director is authorized to develop, and enforce, the rules and regulations regarding the permitting and operation of sidewalk vending, in accordance with this chapter.
5.98.040 – Business Licenses required.
No sidewalk vendor may operate anywhere within the city without first obtaining a business license pursuant to chapter 3.28. Sidewalk vendors must comply with the terms and conditions set forth in the business license.
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
5.98.050 – Sidewalk Vending Permits required.
No person may vend from a public sidewalk anywhere within the city without first obtaining a sidewalk vending permit, in accordance with this chapter.
5.98.060 – Application requirements.
A. To obtain a sidewalk vending permit, a sidewalk vendor must provide the following as part of their application:
i. Valid identification, such as a State of California identification, or any other government-issued identification card;
ii. The name, address and telephone number of the sidewalk vendor; iii. Proposed hours of operation . The proposed hours of operation must not exceed, but may be less than, those allowed under the municipal code for the designated zone of operation, which are currently 8:00 pm to 7:00 am in residential zones;
iv. Proposed location general area of operation (street boundaries); v. Whether the sidewalk vendor intends to operate a stationary cart or a mobile cart;
vi. Description of the type of merchandise or food offered for sale or exchange; vii. A general written description, diagram or photograph of the vending cart; viii. Proof of a valid City business license;
ix. Proof of liability insurance;
x.ix. An application fee as set forth by resolution of the city council; xi.x. A valid California Department of Tax and Fee Administration seller’s permit and additional licenses from state or local agencies to the extent required by law;
xii.xi. Proof of completion of a food handler course and present a copy of the course completion certificate, if applicable;
xiii.xii. A permit from the health department for food-related vending, if applicable; and
xiv.xiii. A declaration that the sidewalk vendor shall comply with all applicable federal, state and local laws;
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xv.xiv. A declaration that t he information provided to the c ity is true and correct; and
xvi.xv. Any other information, including operations related information, as may be required by the rules and regulations.
B. Permits will expire one year after the date of issuance.
C. Permits are not transferable.
5.98.070 – Renewal.
A. To renew a sidewalk vending permit, a sidewalk vendor must provide all the information as set forth in section 5.98.060.
B. A person whose license or permit is revoked may not renew their license or permit for one year.
5.98.080 – Denial, revocation, or suspension of permits.
A. In addition to any other reason provided for in this chapter, a permit may be denied, suspended or revoked when it has been determined that the sidewalk vendor:
i. Has violated the applicable provisions of this chapter for the fourth time during the period for which the permit was issued;
ii. Has knowingly made a false statement of fact in an application for such permit; or
iii. Has payment offailed to pay the balance due on any administrative fine that remains outstandingregarding the permit.
B. From the time of the revocation or suspension of a sidewalk vendor permit granted under the provisions of this chapter, it is unlawful for any person whose permit has been suspended or revoked to operate within c ity jurisdictional boundaries until a new permit has been procured or the period of suspension has expired. It is also unlawful for any person to operate within the c ity during the period of time that a permit has been revoked, terminated or suspended.
5.98.090 – Appeal hearings.
The ri ghts of appeal provided for in section 13.150.210 of chapter 13.150 are available to an applicant in the event that his or her permit has been denied, revoked or suspended based on the provisions of this chapter.
5.98.100 – Operational requirements.
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
Unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, visual blight due to litter on public and private property, unsanita ry conditions involving food preparation, risks to children, and consumer protection. As a result, the City imposes the following operational requirements:
A. A sidewalk vendor must obtain and prominently display all required permits.
B. A sidewalk vendor must operate upon a public sidewalk or other pedestrian path.
C. A cart used for sidewalk vending must be placed and used at all times in compliance with the terms and conditions of the permit and all other applicable laws and regulations, including the California Retail Food Code if food is sold.
D. A cart must operate according to its approved hours of operations. The director may impose reasonable hours of operation for sidewalk vendors. For sidewalk vending in nonresidential areas, the director may limit the hours of operation in a manner consistent with other businesses or uses on the same street(s) in those nonresidential areas.
E. No “cart,” condiment table or trash receptacle may be left on the sidewalk after the sidewalk vendor’s stated closing time.
F. A sidewalk vendor must maintain a clean and trash -free 10 -foot radius from a stationary cart during hours of operation and must leave the area clean by the approved closing time.
G. Sidewalk vendors that vend food items must provi de a trash receptacle for customers and must ensure proper disposal of customer trash. The trash receptacle must be large enough to accommodate customer trash.
H. Sidewalk Vendors are prohibited from discharging, releasing, or spilling any waste, liquid, or food products into or onto the gutter, street, storm drain, or sidewalk. Any Sidewalk Vendor in violation of this prohibition, whether inadvertent or otherwise, shall immediately report the discharge, release or spill to the City and clean up the discharge, release or spill.
5.98.110 – Vending Prohibitions.
A. No stationary cart may be used to vend within a residential zoned area. However, a sidewalk vendor may use a mobile cart within a residential zone, and must move continuously except when necessary to complete a sale.
B. Sidewalk vending is prohibited in the center median of any street.
C. A sidewalk vendor shall not solicit or conduct business with persons in motor vehicles.
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
D. Sidewalk vendors must not operate in a public parking lot occupying a designated parking space with markings to indicate where authorized parking is permitted , in drive aisles, or in landscaped areas or planters.
E. Sidewalk Vendors are prohibited from selling alcoholic beverages, cannabis, tobacco, weapons, fireworks, and illegal materials or other contraband.
5.98.120 – Prohibitions on placement of stationary or mobile carts.
The prohibitions imposed are intended to limit the potential for increased risk of vehicle accidents or personal injury due to vending in public street medians or to persons in motorized vehicles standing in the public street. The standards are further intended to limit the interference with the flow of pedestrian or vehicular traffic, including ingress to, and egress from, any residence, public building, or place of business, from the street to public sidewalk, or persons exiting or entering parked or standing vehicles.
A. No sidewalk vendor may place or leave any cart in a manner that obstructs vehicular or pedestrian traffic, or the visibility of such, and includes , but is not limited to, the following:
i. Within 20 feet of a marked crosswalk;
ii. Within 20 feet of the curb return of an unmarked crosswalk; iii. Within 20 feet of any fire hydrant, fire -call box or other emergency facility, as defined in the rules and regulations;
iv. Within 20 feet of a driveway or driveway apron;
v. Within 18 inches from the edge of the curb;
vi. Within 25 feet of a transit stop;
vii. Within 50 feet of another sidewalk vendor;
viii.vii. Within 50 feet of a public or private school; ix.viii. Where placement impedes the flow of vehicular traffic such as on public streets or public highways; and
x.ix. Where placement impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet, or impedes access to or the use of abutting property, including, but not limited to, residences and places of business, in accordance with the Americans with Disabilities Act (ADA).
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
B. No cart may be chained or fastened to any pole, sign, tree, or other object in the public right -of-way or left unattended, unless as permitted by the rules and regulations.
C. Notwithstanding any specific prohibitions in t his section, no sidewalk vendor may install, use or maintain a cart where placement endangers the safety of persons or property.
5.98.130 – Sidewalk vending related to parks, special events, or locations that are subject to special permits.
A. No sidewalk vending is allowed within 300 feet of a permitted event during the duration or operating hours of such an event. Permitted events include certified farmers’ markets, swap meets, and any event that requires the temporary use of, or encroachment on, the sid ewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary use permits.
B. No stationary sidewalk vendors may vend in any park subject to a signed exclusive concessionaire’s agreement.
C. The c ity may by resolution adopt additional requirements consistent with Government Code section 51038(b)(2)(B) for city -owned or operated parks, effective after signs are posted giving notice of such additional requirements.
5.98.140 – Fines.
Sidewalk vending in violation of this chapter will not be punishable as a criminal infraction or misdemeanor, but will be subject to an administrative citation as follows:
A. For vending without a valid license or permit:
i. An administrative fine of $250 for a first violation. ii. An administrative fine of $500 for a second violation within one year of the first violation.
iii. An administrative fine of $1,000 for a third violation and each subsequent violation, within one year of the first violation.
iv. Upon proof of a valid permit issued by the city before such fines are due, the city will reduce the amount of the fines to $100 for the first violation, $200 for the second violation, and $500 for each violation thereafter.
B. For all violations of this chapter other than vending without a valid license or permit as outlined in subsection A above:
i. An administrative fine of $100 for a first violation.
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
ii. An administrative fine of $200 for a second violation within one year of the first violation.
iii. An administrative fine of $500 for a third violation within one year of the first violation.
iv. An administration fine of $500 for a fourth and each subsequent violation and revocation of the license or permit.
C. The c ity will provide the person subject to the fine notice of his or her right to request an ability-to-pay determination and will make available instructions or other materials for requesting an ability-to-pay determination.
D. Fines assessed pursuant this section may be reduced to 20 percent of the original fine amount upon submission of proof of inability to pay at an adjudication hearing if requested by the person pursuant to Government Code section 51038(f).
E. Fines collected under this sect ion will be deposited with the c ity’s treasury for general use.
F. Appeal. Any person may appeal any administrative fine pursuant to section
5.98.160.
5.98.150 – Removal and/or seizure of cart, food, goods or merchandise, or vending equipment, which creates an imminent danger.
A. Abandoned or Illegally located Carts. An enforcement officer may request a sidewalk vendor to remove any cart if the cart is creating an imminent safety hazard or is placed within a prohibited area as set forth in this chapter. If the sidewalk vendor refuses to remove the cart, or if th e cart has been abandoned, the enforcement officer may remove and/or seize the cart. A 30 days’ notice shall be provided to the owner of the cart or to the address associated with the cart, to redeem the cart . The city may dispose of the cart in accordance with the City’s Municipal Code and/or the law, after providing at leastif the cart is not claimed after the 30 calendar days and any associated fines are not paid. 30 days’ notice of redemption to the address associated w ith the cart, if any . No cart shall be disposed of during the pendency of an appeal.
B. Food Products. An enforcement officer may also immediately seize and/or dispose of any other food products that are obviously spoiled, rotten, moldy, infested or otherwise unsuitable for human consumption, or which have been abandoned or which have been determined by a county health official, or code officer trained in food handling, to create an imminent threat to health, safety, and welfare.
C. Goods, Merchandise, and Vending Equipment. An enforcement officer may request a sidewalk vendor to remove any goods, merchandise or vending equipment if those items create an imminent threat to health, safety, and welfare.
If the sidewalk vendor refuses or the goods, merchandise or vending equipment
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
are not removed, an enforcement officer may remove and/or seize the items. A 30 days’ notice shall be provided to the owner of the goods, merchandise or vending equipment or to the address associated with the cart, to redeem the goods, merchandise or vending equipment . The city may dispose of the goods, merchandise or vending equipment in accordance with the City’s Municipal Code and/or the law, if the goods, merchandise or vending equipment are not claimed after the 30 calendar days and any associated fines are not paid. Illegal goods or contraband seized shall not be subject to the notice of redemption in this section but is subject to the appeal provisions in 5.98.160. No goods, merchandise or vending equipment shall be disposed of during the pendency of an appeal.
D. Appeal. Any person may appeal the seizure and/or disposal of any good, merchandise or vending equipment as well as any fines imposed, pursuant to section 5.98.160.
5.98.160 – Appeal of Administrative Citations or Seizure/Disposal A. Any person aggrieved by any determination regarding seizure and disposal under section 5.98.150 shall be entitled to an appeal of that decision as provided herein.
B. Any recipient of an administrative citation shall be entitled to contest the allegation of a violation or that he or she is the responsible party.
C. A request for an appeal must be filed with the City Clerk within 15 calendar days from issuance of the adm inistrative citation. The appeal must be in writing, state the grounds for the appeal, include the address to which notice is to be mailed, and be accompanied by any filing fee established by City Council Resolution.
D. If an appeal is timely filed, the City shall cause to be set a date for the hearing of the appeal not more than 30 calendar days from the date the appeal is received.
At the hearing, the appellant will have the right to offer testimonial, documentary, and tangible evidence bearing on the issues. The hearing officer will not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness.
E. The hearing officer will iss ue written findings and a decision within 10 calendar days of the conclusion of the hearing and send notice of the decision by certified mail to the appellant. The notice shall include reference to the appellant ’s right to judicial review under California Code of Civil Procedure section 1094.8.
F. The decision of the hearing officer shall be final unless judicial review is granted pursuant to California Code of Civil Procedure section 1094.8.
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Attachment: Sidewalk Vendor Ordinance (3525 : Sidewalk Vendor Ordinance)
Cathedral City Page 1 of 3 Printed on 12/14/2022
Staff Report
City Council
Item No. 3.D
Meeting Date: December 14, 2022
From: John Corella, Director of Engineering/Public Works Title: Street Hump Policy Review
City Council
RECOMMENDATION:
Staff is presenting the City's Speed Hump Policy to th e City Council for discussion, comments and direction.
BACKGROUND:
Nationwide, vehicles speeding on streets has been a challenge since the invention of the automobile. As urban areas expanded, so did roadways and vehicular traffic. As vehicles became more powerful, speeds increased accordingly. With respect to the aforementioned, residential neighborhood streets have also been affected by speeding vehicles, despite the efforts of the residents and local law enforcement over the years.
Cathedral Cit y is not immune to the challenges of speeding in residential neighborhoods. Since the City’s incorporation , the City Engineering and Police Department’s have received complaints regarding vehicles speeding on City streets, especially in neighborhood reside ntial streets. Measures to reduce speeding on the streets is part of what is called “traffic calming.”
Per the U.S. Department of Transportation, “ Traffic calming consists of physical design and other measures put in place on existing roads to reduce ve hicle speeds and improve safety for pedestrians and cyclists. For example, vertical deflections (speed humps, speed tables, and raised intersections), horizontal shifts, and roadway narrowing are intended to reduce speed and enhance the street environment for non- motorists. Closures that obstruct traffic movements in one or more directions, such as median barriers, are intended to reduce cut -through traffic. Traffic calming measures can be implemented at an intersection, street, neighborhood, or area-wide level.”
Aware of these challenges since incorporation , the City has instituted traffic calming policies. These traffic calming policies have been modified and reworked over time to make it easier for residents to understand, for staff to implement, and to incorporate the lessons learned from past policy actions . Many traffic calming features are now incorporated into the upfront design and construction of street s, while others can be
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added after the roadway has been constructed and established with abutti ng residential housing. Speed humps are one of the measures used to provide traffic calming after a street is constructed.
As traffic calming information becomes more available to the public, t he installation of street humps is common ly and frequently requested by residents as a measure to reduce speed on their streets. This request for speed humps , while at first sound ing logical, is not without pitfalls that need to be thoroughly vetted up front.
A lesson learned from the past was that when City installed speed humps at the request of residents. These speed humps were well received initially for the short term . After the passing of time, the same residents requested that the speed humps the City installed, be removed, as this traffic calming feature became a nuisance in their daily commute. As the result, the City again modified its policy of contributing partially or fully to the installation of speed humps, so that it did not incur the cost of removal as well.
The most current Speed Hump Policy incorporates these modifications.
DISCUSSION:
The City’s current Speed Hump Policy (Policy) (attached to this Staff Report) provides residents with the criteria for speed hump installation on the ir residential road. The Policy provides a procedure and def ines where the speed humps can be installed and where they are prohibited. The Policy also states that the neighborhood residents are responsible for cost of the installation, maintenance, and removal of the speed humps.
The Speed Hump Policy requires the resident submit a written request to the Director of Engineering/Public Works. If the speed humps can be installed, the resident/applicant shall prepare and circulate a petition identifying the candidate street(s), the address of each home with signatur e block for resident to sign (preferably the property owner), to indicate approval/disapproval of the speed hump installation, location of possible speed humps, and the removal procedure. All occupied homes must be contacted within the street section. At t he minimum, 66% of the residents on the street need to approve the study and the proposed speed hump installation location as well as acknowledge that the installation, maintenance, and removal of the speed hump will be at the residents’ expenses. Also, 100% of the residence s adjacent to where the proposed speed humps and signage will be placed, are required to approve of the installation.
Subsequently, the City will perform a traffic study to determine if the traffic volume and measured 85 th percentile sp eed of traffic meet the policy requirements. The street geometry must also be taken into consideration for speed hump installation.
Staff has attached photos of speed humps installed in a residential neighborhood. The speed humps are installed at various locations, including next to driveway approaches.
The speed hump policy also provides alternatives to mitigate speeding challenges.
Speed feedback warning signs, concentrated Police enforcement , as well as the use of radar/speed trailers are a few of the methodologies available.
Note: for the 2022 calendar year, the Engineering Department has received eleven (11)
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requests for speed humps via phone call or email. The se requests are at various locations through out the City , including multiple requests for the following streets :
Avenida Quintana north of Vista Chino , Shifting Sands Trail between Mission Indian Trial and 33rd Street and Whispering Palms Trail between Mission Indian Trial and 33rd Street.
Staff is presenting the City's Speed Hump Policy to t he City Council for discussion, comments and direction.
FISCAL IMPACT:
There is no fiscal impact related to this discussion item.
ATTACHMENTS:
Speed Hump Policy - City of Cathedral City
Speed Hump Photos
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City of Cathedral City
SPEED HUMP POLICY
DOES THE CITY ALLOW SPEED HUMP INSTALLATIONS ?
In 1998 the City Council adopted the NEIGHBORHOOD TRAFFIC CONTROL PROGRAM (Resolution No.98-47), with the intent to improve the livability and safety of residential neighborhoods. The primary intent was to mitigate concerns about speeding, non‐local cut‐through traffic volumes, truck traffic intrusion, demonstrated accident history, and other related problems. Speed Hump installations are one of several methods of Traffic Calming under the program.
WHAT IS A SPEED HUMP AND WHAT IS IT INTENDED TO DO?
In Cathedral City, a speed hump is typically a 12‐foot‐wide X 4‐inch‐high asphalt berm (or manufactured modular rubber humps) that are installed across the entire width of a neighborhood (residential) street with gaps for fire truck axial tracks (typically 98‐100 inches wide). They are not allowed on Major, Secondary or Collector streets, which have substantially heavier traffic volumes.
The object of the speed hump is to cause approaching motorists to slow their vehicle as they approach and pass over the hump. For this reason, they are more effective when used as groups spaced 350 ft. to 450 ft. apart. While speed reduction is the speed hump's main purpose, some traffic diversion often occurs when speed humps are installed on a neighborhood street.
Speed humps are typically placed on property lines, preferably under a streetlight (if any), and equidistance from intersection to intersection. Speed humps are never placed at driveways.
As the signing and pavement marking associated with a speed hump installation and the probable increase in noise levels as vehicles approach and pass over the speed humps can be objectionable to near‐by residents, an extensive notification and approval process is required with any application for speed hump installation.
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Attachment: Speed Hump Policy - City of Cathedral City (3526 : Street Hump Policy Review)
WHERE CAN SPEED HUMPS BE INSTALLED ? WHERE ARE THEY PROHIBITED ? Speed humps can be installed:
On a local, residential street that is one lane in each direction, and does not exceed two lanes in width. The candidate street have curbs; and, Have a minimum unobstructed sight distance of 250 feet between an approaching vehicle and the advance speed hump signing. The sight distance requirement may be increased to 300 feet on streets with a grade of 3%; and, Have an uninterrupted length of 800 feet between any other traffic control device such as STOP or YIELD signs or a Traffic Signal.
Speed humps cannot be installed:
On Major, Secondary or Collector Streets, (those have substantial traffic volumes); On a local, residential street that is the primary access to a Fire Station or a Medical Facility served by ambulances or other paramedical type vehicles; or Cannot be an established SunLine Transit Agency bus route; or, Cannot be constructed on streets with a continuous grade in excess of 10%; or, Cannot be installed on a street scheduled for reconstruction or major maintenance in a two‐year period following application; or, Cannot be installed on streets that the Police Chief, or Fire Chief determines to be an unsafe route, for public safety purposes; or,
At any location deemed by the City Council to be not in the interest of the community or public safety.
WHAT ARE THE CRITERIA FOR INSTALLING SPEED HUMPS?
Request for speed humps may be approved if all of the following criteria are met:
A written request is submitted to the Director of Engineering/Public Works identifying the location of the problem, whether the problem is excessive speed and/or excessive traffic volume, including the home address, e‐mail address and telephone number of the initiating party;
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Attachment: Speed Hump Policy - City of Cathedral City (3526 : Street Hump Policy Review)
All general criteria for speed hump placement are reviewed and met; a petition is prepared by the resident representative identifying the candidate streets(s), the address of each home with signature block for resident to sign (preferably the property owner, not renter), to indicate approval/disapproval of the speed hump installation, location of possible speed humps, and the removal procedure. The petition is circulated by the Applicant.
The returned petition must indicate:
1. All occupied homes have been contacted.
2. 66% of listed residents approve of a Study and possible speed hump installation a. These listed residents acknowledge that the speed hump installation, maintenance, and removal will be at the residents’ cost.
3. 100% of the residence adjacent to where the speed humps and signage would be placed approve of the installation.
A traffic study is conducted to determine if the following criteria for speed hump installation is met:
1. That the traffic volume on the street shall be between 250 and 750 vehicles on the residential street(s) proposed.
2. That the measured 85th percentile speed of traffic shall be equal to or greater than 35mph, or 70% of the measured speeds shall be in excess of 25 miles per hour.
3. The street geometry must provide hump locations at least 200 feet away from intersections and sharp horizontal curves. The minimum block length should be 500 feet.
4. The street shall not have a grade of more than 10%
5. The street must have raised curbs to prevent motorists from driving off the street to avoid the speed humps.
The Director of Engineering/Public Works will initiate a RADAR SURVEY using a device (that in stealth mode) does not display speeds, to measure speeds and traffic volumes 24/7 for a week, to determine the driving patterns of motorists on the requested residential street(s).
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Attachment: Speed Hump Policy - City of Cathedral City (3526 : Street Hump Policy Review)
ARE THERE ALTERNATIVES TO SPEED HUMPS TO REDUCE EXCESSIVE SPEED ON NEIGHBORHOOD STREETS?
Yes, enhanced signing, speed feedback warning signs, concentrated Police enforcement of the 25 mph speed limit and use of radar/speed trailer are a few of the methodologies available to reduce speed on residential streets.
HOW DO I APPLY FOR A SPEED HUMP INSTALLATION OR LEARN MORE ABOUT THE DEVICE OR PROCEDURES?
Please contact Andres Perez – Assistant Engineer at the City’s Engineering Department at City Hall at: (760) 770‐0349, or email: [email protected]
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Attachment: Speed Hump Policy - City of Cathedral City (3526 : Street Hump Policy Review) Figure 1: Speed Hump Next To Residential Driveway On Both Sides – Photo 1 Figure 2: Speed Hump Next To Residential Driveway On Both Sides – Photo 2
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Attachment: Speed Hump Photos (3526 : Street Hump Policy Review) Figure 3: Speed Hump Next To Residential Driveway On Both Sides – Photo 3 Figure 4: Speed Hump Near Resident House – Photo 1
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Attachment: Speed Hump Photos (3526 : Street Hump Policy Review) Figure 5: Speed Hump Near Resident House - Photo 2
Figure 6: Speed Hump Near Resident House - Photo 3
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Attachment: Speed Hump Photos (3526 : Street Hump Policy Review)