CITY COUNCIL
AGENDA
Regular Meeting
Wednesday, April 12, 2023
5:30 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
• 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. 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 comment or may request a matter be agendized for a future meeting. Publ ic Comment will be limited to three (3) minutes.
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2. 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.
3. CONSENT AGENDA
The followin g Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the City Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.
A. Waive Full Reading of Ordinances on Agenda
B. Minutes Approval
1. City Council - Study Session - Mar 22, 2023 2:30 PM
2. City Council - Regular Meeting - Mar 22, 2023 5:30 PM
3. City Council - Special Meeting - Mar 29, 2023 2:00 PM C. Ofelia Bringas Memorial Bridge Project (aka Cathedral Canyon Bridge over Whitewater River) Post-Construction Monitoring and Reporting Recommendation: To approve a Design Professional Services Agreement with Terra Nova Planning and Research, Inc. to assist the City with the five-year post construction invasive species control, as required in the Streambed Alteration Agreement between the City of Cathedral City and the California Department of Fish and Wildlife (CDFW) for the Ofelia Bringas Memorial Bridge Project, in the total amount not to exceed $36,510; and, authorize the City Manager to execute the Agreement.
D. Annual Approval of the City’s Investment Policy
Recommendation: Staff recommends the City Council approve the updated investment policy.
E. State Homeland Security Program Grant #2022-0043
Recommendation: To adopt a resolution accepting State Homeland Security Program Grant #2022-0043, in the amount of $102,000
4. ITEMS PULLED FROM CONSENT
5. PUBLIC HEARINGS
6. LEGISLATIVE ACTIONS
A. 5-Year Strategic Plan
Recommendation: To accept and approve the 5-Year Strategic Plan which will provide a longer term perspective for service delivery and budgeting as well as operationally addressing current needs and priorities. Approval of the Strategic Plan will also add Cathedral City P a g e 3
structure and provide context for future policy and budget decisions.
B. Community Development Block Grant (CDBG) FY 2023-2024 Annual Action Plan (AAP) Introduction
Recommendation: To introduce the City’s Community Development Block Grant (CDBG) FY 2023-24 Annual Action Plan (AAP) for the City Council’s review, discussion, and direction.
C. National Opioid Settlement Update
Recommendation: Council continue to opt-in to the National Opioid Settlement for the six new claims.
D. California Public Employees Retirement System (CalPERS) Annual Lump Sum Payment
Recommendation: Authorize $2,898,000 for a lump sum payment to CalPERS
7. 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 directio n given to the City Manager regarding scheduling and prioritization of the item(s).
8. CLOSED SESSION
ADJOURN
NOTES TO THE PUBLIC:
The City of Cathedral City complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.
If you desire to address the City Council during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Speakers will be called upon at the appropriate time.
Any documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Hall located at 68 -700 Avenida Lalo Guerrero during normal business hours. In addition, such documents will be posted on the City’s website at www.cathedralcity.gov.
CITY COUNCIL
MINUTES
Study Session
Wednesday, March 22, 2023
2:30 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
• CALL TO ORDER
The meeting was called to order at 2:30 PM by Mayor Rita Lamb. • ROLL CALL
Attendee Name Title Status Arrived
Rita Lamb Mayor Present 2:30 PM
Mark Carnevale Mayor Pro Tem Present 2:30 PM
Nancy Ross Councilmember Present 2:30 PM
Raymond Gregory Councilmember Present 2:30 PM
Ernesto Gutierrez Councilmember Present 2:30 PM
• AGENDA FINALIZATION
1. PUBLIC COMMENT
2. STUDY SESSION
A. 5-Year Strategic Plan
Recommendation: This Item is for information and discussion only Esmeralda Garcia, Consultant with MIG, and Charles McClendon, City Manager, provided an overview of the proposed 5-Year Strategic Plan. The following points were presented:
• Strategic Plan overview, framework and background
• Values- Our shared benefits and principals
• Vision- Our desired future
• Mission- Our purpose
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Minutes Acceptance: Minutes of Mar 22, 2023 2:30 PM (Minutes Approval) Cathedral City P a g e 2 Printed on 4/06/2023
The City Council provided comments and asked clarifying ques tions, which were responded to by staff. This item was presented for information and discussion only, there was no formal action taken by the City Council.
ADJOURN
Mayor Rita Lamb adjourned the Study Session meeting at 3:31 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City
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Minutes Acceptance: Minutes of Mar 22, 2023 2:30 PM (Minutes Approval)
CITY COUNCIL
MINUTES
Regular Meeting
Wednesday, March 22, 2023
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 Rita Lamb. • PLEDGE OF ALLEGIANCE
Mayor Pro Tem Mark Carnevale led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION)
Councilmember Ernesto Gutierrez offered the Invocation. • ROLL CALL
Attendee Name Title Status Arrived
Rita Lamb Mayor Present 5:30 PM
Mark Carnevale Mayor Pro Tem Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM
Ernesto Gutierrez Councilmember Present 5:30 PM
• AGENDA FINALIZATION
There were no changes to the agenda.
1. PUBLIC COMMENT
Jens Mueller, Cathedra l City resident, expressed his concern with trash container violations in the City and suggested sending informational/warning mailers out to help with the issue.
Joe Feringa, Cathedral City resident, expressed his concern related to the planned installation and maintenance of walls for the Rio Del Sol development. He urged the City and developer to consider alternative solutions.
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Minutes Acceptance: Minutes of Mar 22, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 2 Printed on 4/06/2023
Marc Shapiro, Cathedral City resident, expressed his concern related to the planned installation and maintenance of walls fo r the Rio Del Sol development. He urged the City and developer to consider alternative solutions.
Kit Snider, Cathedral City resident, expressed her concern related to the planned installation and maintenance of walls for the Rio Del Sol development. Sh e urged the City and developer to consider alternative solutions.
Joy Bright, Cathedral City resident, expressed her concern related to the planned installation and maintenance of walls for the Rio Del Sol development. She supports one common wall to be utilized between the properties.
Nazir Lalani, President of Aldea the Vistas Homeowners Association, expressed his concern related to the planned installation and maintenance of walls for the Rio Del Sol development. He also expressed his support for th e homeowners who will be impacted.
Rick Lowe, Cathedral City resident, expressed his concern related to the planned installation and maintenance of walls for the Rio Del Sol development. He urged the City to consider all the factors when making final decisions related to this issue.
Michael Sudderth, Cathedral City resident, expressed his concern related to the planned installation and maintenance of walls for the Rio Del Sol development. He questioned the legality of the issue.
Christina Cook, Cathedr al City resident, expressed her concern related to the planned installation and maintenance of walls for the Rio Del Sol development. She shares in the concerns of her neighbors and supports the residents of Aldeas the Vistas and Montage communities related to this issue.
Karin Jaffie, Friends of the Desert Mountains, provided an overview on the Friends of the Desert Mountains organization and discussed protecting California's deserts.
Scott Reese, Chair of Montage Rio Del Sol Ad Hoc Committee, expressed his concern related to the planned installation and maintenance of walls for the Rio Del Sol development. He requested that public records related to the development be made available. He urged the City and developer to consider alternative solutions.
Victoria Robinson, Cathedral City resident, expressed her concern related to the planned installation and maintenance of walls for the Rio Del Sol development. She feels the existing wall should be utilized.
Jonathan Merchain, Cathedral City resident, exp ressed his concern with code enforcement and violations he has received.
Alex Miller, Cathedral City homeowner, thanked the City and Council for being so welcoming and feels they are doing a great job.
2. COUNCIL REPORTS
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Minutes Acceptance: Minutes of Mar 22, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 3 Printed on 4/06/2023
Councilmember Ernesto Gutierrez reported on the following:
• The League of California Cities Riverside County Division meeting, which was hosted in the Cathedral City Community Amphitheater
• Past Special City Council Meeting
• Developer and resident issues/concerns
• A resident’s conc erns related to gun fire and the Police Department’s work to continue to ensure the City remains a safe place
• The Grocery Outlet fire, which was set by a homeless individual • His weekly meeting with City Manager McClendon and Assistant City Manager Ambrose
• His personal tour of his district to evaluate and take note of issues and the need to work with residents to help follow City Ordinances
• The high traffic on surface streets in the City and the City's advocacy for more bridges
Councilmember Nancy Ross reported on the following:
• The meetings she took with residents over the last few weeks • Her attendance at the Butterfly Festival, which was held at Panorama Park • Her attendance at the Police and Fire Department’s Meatball event • The League of California Cities Riverside County Division meeting, which was hosted in the Cathedral City Community Amphitheater
• Her attendance at the Montage Community’s block party • Her attendance at the recognition of Desert Regional Medical Center receiving a level one trauma center designation
• A story about Lidia Connolly for Women's History Month
Mayor Pro Tem Mark Carnevale reported on the following:
• His weekly meeting with City Manager McClendon
• The League of California Cities Riverside County Divisi on meeting, which was hosted in the Cathedral City Community Amphitheater
• His attendance at the CVEP meeting
• Resident concerns related to roads and code compliance • His attendance of the Greater Coachella Valley Chamber’s BMW Racing event, which was held in Thermal
• The upcoming Evening Rotary meet and greet with Assistant City Manager Anne Ambrose, which will be held on April 10, 2023, at Nicolino’s Restaurant • His visit to Weenee Roadhouse Restaurant, which he highly recommends • The Homeless Liaison Officer’s progress report
Councilmember Raymond Gregory reported on the following:
• The Butterfly Festival, which was held at Panorama Park • The upcoming Spring Fest, which will be held at Century Park • The League of California Cities Riverside Co unty Division meeting, which was hosted in the Cathedral City Community Amphitheater
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Minutes Acceptance: Minutes of Mar 22, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 4 Printed on 4/06/2023
• The Special City Council Meeting, which was held on March 15, 2023 • His attendance at the League of California Cities Governance Transparency and Labor Relations Committee meeting
• His attendance at the Red Dress fundraiser which was held at the Air Museum • His attendance at the Palm Spring PFLAG event
• The upcoming Special City Council meetings
• The upcoming Cathedral City Boys and Girls Club Annual Meatball Festival • The upcoming Easter Holiday
Mayor Rita Lamb reported on the following:
• Her participation at the California Associations of Realtors’ Mayor's Woman's Council
• Her attendance at the recognition of Desert Regional Medical Center receiving a level one trauma center designation
• Her participation in the College of the Desert Resolution group related to the schematic design and next steps for the Palm Springs campus • The Desert Art Tour and community artists
• The City's Strategic Plan
• The "Keeping Cathedral City Beautiful” certificate program, which she created to recognize property owners
3. CONSENT AGENDA
A motion was made by Councilmember Gregory and seconded by Mayor Lamb to approve the following Consent Agenda items:
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
A. Waive Full Reading of Ordinances on Agenda
M.O. 2023-35
B. Minutes Approval
M.O. 2023-36
1. City Council - Study Session - Mar 8, 2023 3:00 PM
2. City Council - Regular Meeting - Mar 8, 2023 5:30 PM
3. City Council - Special Meeting - Mar 15, 2023 2:00 PM C. Accept Resignation of Stephen Vericker from the Parks and Community Events Commission
Recommendation: To accept the resignation of Stephen Vericker from the Parks and Community Events Commission effective
immediately and direct staff to proceed with filling the vacant seat.
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Minutes Acceptance: Minutes of Mar 22, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 5 Printed on 4/06/2023
M.O. 2023-37
D. Receive and File Payment of Claims and Demands for February 2023 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency, the Cathedral City Public Finance Authority Board, and the Cathedral City Downtown Foundation Board receive and file payment of claims and demands in the aggregate sum of $8,441,110.27 for the
month of February 2023.
M.O. 2023-38
E. Notice of Completion for Via De Anza Street Improvements, Phase I (CIP 8834)
Recommendation: To accept and approve the Via De Anza Street Improvements, Phase I Project (CIP 8834) as complete; and authorize the City Manager to execute and file a Notice of Completion with the Riverside County Recorder's office; and authorize the release of retention funds to Granite
Construction, Inc. upon expiration of the Notice of
Completion.
M.O. 2023-39
F. California Board of State and Community Corrections Officer Wellness and Mental Health Grant
Recommendation: To accept the 2022-2025 California Board of State and Community Corrections "Officer Wellness and Mental Health Grant" in the amount of $34,402.05.
M.O. 2023-40
G. Purchase of two vehicles for personnel assigned to East PACT Recommendation: To authorize staff to purchase two vehicles from Quality Chevrolet of Escondido, which will be utilized by CCPD staff assigned to East PACT. The vehicles to be purchased are a 2022 Chevrolet Silverado 1500 Crew Cab and 2022
Chevrolet Colorado, Crew Cab, with a total price of
$82,665.15 along with emergency lighting installed on both units at $12,682.79 for a total of $95,347.95.
M.O. 2023-41
H. Ratification of Agreement Between the City of Cathedral City and The American Federation of State, County and Municipal Employees (AFSCME)
Recommendation: To ratify the agreement between the City of Cathedral City ("City") and The American Federation of State, County and Municipal Employees ("AFSCME") via the Memorandum of
Understanding ("MOU") for the period of January 1, 2023, through December 31, 2025.
M.O. 2023-42
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Minutes Acceptance: Minutes of Mar 22, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 6 Printed on 4/06/2023
I. Land and Water Conservation Fund (LWCF) Grant Application Services for Downtown Dog Park
Recommendation: To approve a task order for MVR Consulting to provide Land and Water Conservation Fund (LWCF) Grant Application
Services for the proposed Downtown Dog Park not to
exceed $30,000; authorize the Director of
Engineering/Public Works to execute the task order if it is determined the location of the Downtown Dog Park is
eligible for the LWCF Grant; and authorize a $30,000
General Fund Budget Amendment to the Engineering
Professional and Technical Services 100-8601 fund.
M.O. 2023-43
4. ITEMS PULLED FROM CONSENT
5. PUBLIC HEARINGS
6. LEGISLATIVE ACTIONS
A. SUP #23-002: Maya La Feria International De Cultura
Recommendation: To approve Special Use Permit #23-002 and allow the Maya La Feria International De Cultura event to utilize the
Community Amphitheater on Sept. 30-Oct. 1, 2023.
A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to approve the reservation of the Cathedral City Community Amphitheater from October 21, 2023 throu gh October 22, 2023, for the Maya La Feria International De Cultura event, at a fee of $2,500 per day and $1,000 for security and direct staff to bring back the Special Use Permit for Council consideration when more information can be provided to the City Council on the event.
M.O. 2023-44
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
B. Public Arts Commission Arts Education Funding Request: Cathedral City Senior Center Blues/Jazz Concert Series
Recommendation: To approve an award of $2,800 of Arts in Public Places funds to support the Cathedral City Senior Center's Yves Evans Presents Blues/Jazz Concert Series
M.O. 2023-45
A motion was made by Councilman Gutierrez and seconded by Mayor Lamb to approve an award of $2,800 of Arts in Public Places funds to support the Cathedral City Senior Center's Yves Evans Presents Blues/Jazz Concert Series
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Minutes Acceptance: Minutes of Mar 22, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 7 Printed on 4/06/2023
RESULT: APPROVED [4 TO 0]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Rita Lamb, Nancy Ross, Raymond Gregory, Ernesto Gutierrez ABSTAIN: Mark Carnevale
The City Council recessed at 7:25 p.m.
The City Council reconvened at 7:30 p.m.
C. Request 4-year Lease Agreement with Enterprise Fleet Management Recommendation: To authorize, effective with fiscal year (FY 2023/2024), a lease agreement with Enterprise Fleet Management for (8) eight Police Department vehicles at an annual cost of
$93,572.50 with an optional maintenance program of
$5,432.04 for a total cost of $99,004.40 annually.
Additionally, to authorize the installation of emergency lighting and equipment for $45,687, including tax.
M.O. 2023-46
A motion was made by Councilmember Gregory and seconded by Ma yor Pro Tem Carnevale to authorize, effective with fiscal year (FY 2023/2024), a lease agreement with Enterprise Fleet Management for (8) eight Police Department vehicles at an annual cost of $93,572.50 with an optional maintenance program of $5,432.04 for a total cost of $99,004.40 annually. Additionally, to authorize the installation of emergency lighting and equipment for $45,687, including tax.
RESULT: APPROVED [4 TO 1]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Mayor Pro Tem
AYES: Rita Lamb, Mark Carnevale, Nancy Ross, Raymond Gregory NAYS: Ernesto Gutierrez
D. Consulting Agreement with HR Green for Land Development Engineering Support
Recommendation: To approve a Professional Services Agreement with HR Green, Inc. to provide Land Development Engineering
Support Consulting Services and Electronic Plan Check
Services for the amount of $64,000 and $30,000,
respectively for not to exceed total of $94,000; and,
authorize the City Manager to execute the Agreement.
M.O. 2023-47
A motion was made by May or Pro Tem Carnevale and seconded by Councilmember Ross to approve a Professional Services Agreement with HR
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Minutes Acceptance: Minutes of Mar 22, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 8 Printed on 4/06/2023
Green, Inc. to provide Land Development Engineering Support Consulting Services and Electronic Plan Check Services for the amount of $64,000 and $30,000, respectively for not to exceed total of $94,000; and, authorize the City Manager to execute the Agreement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Mayor Pro Tem
SECONDER: Nancy Ross, Councilmember
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
E. 2023 SB 821 Bicycle and Pedestrian Facilities Program Funding Application
Recommendation: To authorize the submittal of a 2023 SB 821, Bicycle and Pedestrian Facilities Program funding application for two (2) potential bike lane improvement Projects; authorize the Director of Engineering/Public Works to authorize a Task Order under the Annual Contract for Traffic Engineering Services with STC Traffic Inc., to provide engineering
assistance and complete the Application(s) for the 2023 SB 821, Bicycle and Pedestrian Facilities Program funding
program; and, authorize the City Manager to sign all
applications/letters for the Funding Program.
M.O. 2023-48
A motion was made by Councilmember Gregory and seconded by Mayor Lamb to authorize the submitta l of a 2023 SB 821, Bicycle and Pedestrian Facilities Program funding application for two (2) potential bike lane improvement Projects; authorize the Director of Engineering/Public Works to aut horize a Task Order under the Annual Contract for Traffic Engin eering Services with STC Traffic Inc., to provide engineering assistance and complete the Application(s) for the 2023 SB 821, Bicycle and Pedestrian Facilities Program funding program; and, authorize the City Manager to sign all applications/letters for th e Funding Program.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor
AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez
7. DISCUSSION ON FUTURE AGENDA ITEMS
There was no discussion on future agenda items.
8. CLOSED SESSION
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Minutes Acceptance: Minutes of Mar 22, 2023 5:30 PM (Minutes Approval) Cathedral City P a g e 9 Printed on 4/06/2023
ADJOURN
Mayor Rita Lamb adjourned the Regular City Council meeting at 8:33 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City
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Minutes Acceptance: Minutes of Mar 22, 2023 5:30 PM (Minutes Approval)
CITY COUNCIL
MINUTES
Special Meeting
Wednesday, March 29, 2023
2:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
• CALL TO ORDER
The meeting was called to order at 2:00 PM by Mayor Rita Lamb. • ROLL CALL
Attendee Name Title Status Arrived
Rita Lamb Mayor Present 2:00 PM
Mark Carnevale Mayor Pro Tem Present 2:00 PM
Nancy Ross Councilmember Present 2:00 PM
Raymond Gregory Councilmember Present 2:00 PM
Ernesto Gutierrez Councilmember Present 2:00 PM
1. AGENDA ITEMS
A. 2022 Crime Statistics
Recommendation: This item is for information and discussion only Police Chief George Crum presented the City Council with the 2022 Crime Statistics for Cathedral City. He provided statistics for the last five years. He also provided information on future crime reduction strategies.
Council provided comments and asked clarifying questions, which were responded to by staff. This item was presented for information and discussion only, there was no formal action taken.
Lena Kowalsky, Owner of P.S. I Love Your Hair, reported on an incident that took place at their business.
Steven Kolwalski, Owner of P.S. I Love Your Hair, reported on an incident that took place at their business.
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Minutes Acceptance: Minutes of Mar 29, 2023 2:00 PM (Minutes Approval) Cathedral City P a g e 2 Printed on 4/06/2023
B. Budget and Staffing review of the Police Department
Recommendation: This item is presented for information, discussion, and direction only.
Police Chief George Crum, presented the City Council with an overview of the Police Department's Divisions, the authorized staffing in FY 2013/2014 to present and any staffing changes that are being proposed for the upcoming FY 2023/2024 and FY 2024/2025 budget cycle.
Council provided comments and asked clarifying questions, which were responded to by staff. This item was presented for information and discussio n only, there was no formal action taken.
ADJOURN
Mayor Rita Lamb adjourned the Special City Council Meeting at 3:29 P.M.
Mayor, City of Cathedral City City Clerk, City of Cathedral City
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Minutes Acceptance: Minutes of Mar 29, 2023 2:00 PM (Minutes Approval)
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Staff Report
City Council
Item No. 3.C
Meeting Date: April 12, 2023
From: John Corella, Director of Engineering/Public Works Title: Ofelia Bringas Memorial Bridge Project (aka Cathedral Canyon Bridge over Whitewater River) Post -Construction Monito ring and Reporting
City Council
RECOMMENDATION:
To approve a Design Professional Services Agreement with Terra Nova Planning and Research, Inc. to assist the City with the five -year post construction invasive species control, as required in the Streambe d Alteration Agreement between the City of Cathedral City and the California Department of Fish and Wildlife (CDFW) for the Ofelia Bringas Memorial Bridge Project, in the total amount not to exceed $36,510; and, authorize the City Manager to execute the Agreement.
BACKGROUND:
On December 21, 2017, the City and California Department of Fish and Wildlife (CDFW) entered into the Streambed Alteration Agreement for the Ofelia Bringas Memorial Bridge (aka Cathedral Canyon Bridge over Whitewater River Project). This was due to the CDFW determining the project could have an impact on wildlife resources within the vicinity of the Project site.
In these cases, the CDFW requires a Streambed Alteration Agreement when a project’s activities are determined they may substantially adversely affect existing fish or wildlife resources. Examples of the activities are the diversion or obstruction of the natural flow of any river, stream, or lake; and/or substantially change or use any material from the bed, channel, or bank of any river, stream, or lake. The Streambed Alteration Agreement is a type of permit that includes measures necessary to protect existing fish and wildlife resources.
Under the approved Streambed Alteration Agreement , the City has provided to CDFW the H abitat Mitigation and Monitoring Plan (HMMP) on January 16, 2019 , the Project Completion Report on September 29, 2022 and subsequent required annual monitoring reports.
CDFW representatives have reviewed the HMMP and determined the existing baseline
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conditions described in the initial report will require more detail regarding:
• The physical conditions at the project site, and
• A plan for control of non-native plants at the project site, and • A criteria for achieving control of the above.
CDFW representatives would like a more quantitative methodology to establish baseline conditions and have recommended that either support documentation is provided or an amendment to the existing HMMP be completed.
DISCUSSION:
To accomplish the reporting required by CDFW, S taff reached out to Terra Nova Research and Planning, Inc. (Terra Nova) to work with CDFW on the required reporting and monitoring. Terra Nova is designated Environmental Consultant on the project that has originally secured all the environmental approval s and permits to proceed with the project.
Terra Nova Planning and Research Inc. and their subconsultant WSP USA Environment (WSP) & Infrastructure, Inc. (WSP USA) provided City Staff with a proposal, including the tasks required to complete the HMMP reporting required to complete the environmental reporting for the project. A copy of the proposal is attached to this Staff Report.
The proposed reporting tasks outlined in the proposal were forwarded to CDFW representatives for review. CDFW representative s have agreed to the approach presented by Terra Nova Planning and Research, the Environmental Consultant working on the project, to establish the new baseline conditions.
For a period of five years subsequent to this project’s completion, the City is req uired to submit Annual Invasive Species Control Monitoring Reports. The first report is due May 1, 2023, with the additional reports to be completed in 2024, 2025, 2026 and a final Report in 2027. This annual report will include the required photos, docume ntation of invasive species control, and monitoring activities based on requirements outlined in the HMMP.
City Engineering Staff is requesting the City Council approve a Design Professional Services Agreement with Terra Nova Planning and Research, Inc. to assist the City in completing the five-year Post Construction Invasive Species Control reporting, as required in the Streambed Alteration Agreement between the City of Cathedral City and the California Department of Fish and Wildlife (CDFW) for the project, in the total amount not to exceed $36,510, and authorize the City Manager to execute the Agreement.
FISCAL IMPACT:
The term of the Agreement with Terra Nova Planning and Research , Inc. is for five years and for a total amount not to exceed $36,510 distributed per year as follows.
Year 1 (2023) Update HMMP $3,250
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Year 1 (2023) Annual Monitoring Report $6,250
Year 2 (2024) Annual Monitoring Report $4,920
Year 3 (2025) Annual Monitoring Report $4,920
Year 4 (2026) Annual Monitoring Report $4,920
Year 5 (2027) Annual Monitoring Report $6,250
Year 1 thru Year 5 Project Management $6,000
Total 5-Year Monitoring Reporting Contract $36,510
For the first year a total amount of $10,700 will be paid from the FY 2022 - 2023 Engineering Professional and Technical Services account ( 100-156-8601). The remaining four (4) years of the Agreement, FY 2023-2024 through FY 2026/2027 7, will be paid from the subsequent FY Professional and Technical Services account.
ATTACHMENTS:
Streambed Agreement
CC Bridge HMMP Post-Construction Agreement 3.14.23
Design Professional Agreement - Terra Nova Planning & Research, Inc.
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Attachment: Streambed Agreement (3665 : Ofelia Bringas Memorial Bridge Post-Construction Monitoring and Reporting)
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Attachment: Streambed Agreement (3665 : Ofelia Bringas Memorial Bridge Post-Construction Monitoring and Reporting)
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Attachment: Streambed Agreement (3665 : Ofelia Bringas Memorial Bridge Post-Construction Monitoring and Reporting)
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Attachment: Streambed Agreement (3665 : Ofelia Bringas Memorial Bridge Post-Construction Monitoring and Reporting) Terra Nova/Cathedral City/3.14.23 Cathedral Canyon Bridge Post-Construction HMMP
Scope of Work Post-Construction Habitat Mitigation and Management Plan Cathedral Canyon Bridge at the Whitewater River City of Cathedral City, Riverside County EXHIBIT A: SCOPE OF WORK Introduction The Terra Nova scope of work is associated with the development and five-year implementation of a post-construction Habitat Mitigation and Monitoring Program (HMMP) pursuant to the requirements of the California Department of Fish and Wildlife (CDFW) and Section 1600 of the California Fish and Game Code. The subject bridge was recently completed and CDFW has requested that the subject HMMP be implemented. Time is of the essence. The CDFW has extended the City’s Section 1600 reporting deadline to May 1, 2023 to allow for the establishment of HMMP parameters and current site conditions. Understanding of Project Terra Nova and WSP staff (WSP USA Environment & Infrastructure, Inc. or WSP USA) understand the city wishes to finalize the mitigation measures required to complete the bridge improvement project, specifically post-construction habitat mitigation and management. The project site is generally located north of SR 111, south of Dinah Shore Drive, east of Golf Course Drive, and west of Date Palm Drive and is within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). As the necessary mitigation required under the regulatory agency permits was completed through off-site conservation, no additional planting/restoration efforts are required on the project site. Under the approved Lake and Streambed Alteration Agreement and discussions with CDFW representatives, a Habitat Mitigation Monitoring Plan (HMMP) is required to monitor the natural regrowth of vegetation on the project site in order to minimize the amount of non-native invasive plant species. In discussions with CDFW, there was no base-line conditions documents prior to project implementation. Terra Nova and WSP have discussed an approach to identify previous conditions and will implement that strategy as part of the HMMP. Scope of Services Based upon our current understanding of the Project, Terra Nova and WSP USA propose to perform a scope of services which includes two fixed tasks: 1) prepare an amendment to the 2019 Habitat Mitigation and Monitoring Plan and 2) Implement the HMMP for 5 consecutive years. 1.1 Task 1 – Prepare an Amendment to the 2019 Habitat Mitigation and Monitoring Plan With assistance from Terra Nova, WSP USA will review the existing Lake and Streambed Alteration Agreement (1602 permit) to understand the specific requirements in the HMMP. The existing HMMP includes tasks necessary to document the progress of natural revegetation of the project site by photo documentation only. In order to document baseline conditions in a more quantitative methodology, as required by CDFW, WSP will establish three individual transects to collect point-intercept data associated with percent cover of native vs. non-native plant species.
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Attachment: CC Bridge HMMP Post-Construction Agreement 3.14.23 (3665 : Ofelia Bringas Memorial Bridge Post-Construction Monitoring and Terra Nova/Cathedral City/3.14.23 Cathedral Canyon Bridge Post-Construction HMMP
One transect will serve as the base-line and be located in an off-site location immediately downstream of the projects site. Two permanent transects will be established within the project site, on the downstream side of the bridge, to document the percent cover of weedy species on the project site over time. The HMMP will be amended to include a description of the above methods. The HMMP will also include a strategy to control any non-native invasive species such as pampas grass, giant reed, fountain grass, or tamarisk, including treatment methods including but not limited to cut-stump, foliar spraying, and hand pulling. The HMMP will also include standard success criteria based on the current conditions downstream of the project site. The success criteria will include an acceptable percentage of the current conditions achieved over the 5 years of monitoring. Following one round of comments a final version of the HMMP will be submitted to CDFW. 1.2 Task 2 – 5 Year Implementation of the Habitat Mitigation and Monitoring Plan WSP USA will begin implementing the amended HMMP in February/March 2023 and will submit the first annual monitoring report by May 1, 2023, as this extension was approved by CDFW. Additional monitoring reports will be completed in 2024, 2025, 2026, and a final monitoring report in 2027. The general scope of work will include taking photographs at the photo locations identified in the HMMP. During the 2023 monitoring effort, all three-point intercept transects will be walked to collect data regarding percent cover of natives. The two on-site transects will be compared to the off-site transect, which will establish the baseline conditions. The remaining four years will only include the two on-site transects. Annual surveys should be conducted early in the year, to be able to collect the data and prepare a report before the March 1 deadline as required in the 1602 permit. Following each annual survey, an annual monitoring report will be prepared and submitted to the client for review. Following one round of comments, a final annual monitoring report will be prepared and submitted to CDFW staff.
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Attachment: CC Bridge HMMP Post-Construction Agreement 3.14.23 (3665 : Ofelia Bringas Memorial Bridge Post-Construction Monitoring and Terra Nova/Cathedral City/3.14.23 Cathedral Canyon Bridge Post-Construction HMMP
Post-Construction Habitat Mitigation and Management Plan Cathedral Canyon Bridge at the Whitewater River City of Cathedral City, Riverside County EXHIBIT B: BUDGET BUDGET ITEM AMOUNT Task 1 Update HMMP (Either as an amendment or revision) $3,250.00 Task 2a Annual Monitor and Report 2023 $6,250.00 Task 2b Annual Monitor and Report 2024 $4,920.00 Task 2c Annual Monitor and Report 2025 $4,920.00 Task 2d Annual Monitor and Report 2026 $4,920.00 Task 2e Annual Monitor and Report 2027 $6,250.00 Task 3 Project Management 2023-27 $6,000.00 TOTAL $36,510.00
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Attachment: CC Bridge HMMP Post-Construction Agreement 3.14.23 (3665 : Ofelia Bringas Memorial Bridge Post-Construction Monitoring and Terra Nova/Cathedral City/3.14.23 Cathedral Canyon Bridge Post-Construction HMMP
Post-Construction Habitat Mitigation and Management Plan Cathedral Canyon Bridge at the Whitewater River City of Cathedral City, Riverside County EXHIBIT C: SCHEDULE Terra Nova and WSP will make a good faith effort to execute the first year’s tasks within a timeframe acceptable to CDFW. However, no guaranteed can be provided at this time and due to administrative delays. The schedule to complete the project scope of work is spelled out in the project scope of work. In Year 1 (2023) it includes the preparation of the revised HMMP and approval by CDFW of same. It also involves conducting site surveys, including three data collection/assessments of three (3) transects to establish the baseline, and the first year’s reporting on the current year channel conditions. In each subsequent year through and including Year 5, channel conditions and vegetation type and coverage will be assessed through field surveys of the two on-site transects. A conditions report with supporting documentation will be completed in late winter and reported to CDFW prior to March 1st of each reporting year. The required monitoring will end with the work conducted in Year 2027.
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Attachment: CC Bridge HMMP Post-Construction Agreement 3.14.23 (3665 : Ofelia Bringas Memorial Bridge Post-Construction Monitoring and - 1 -
AGREEMENT FOR DESIGN PROFESSIONAL SERVICES
BETWEEN
THE CITY OF CATHEDRAL CITY, CALIFORNIA
AND
TERRA NOVA PLANNING & RESEARCH, INC.
This Agreement for Design Professional Se rvices (“Agreement”) is entered into as of March 22, 2023 (“Effective Date”) by and between the City of Cathedr al City, a municipal corporation (“City”) and Ter ra Nova Planning Resear ch, Inc. a California Corporation (“Design Professional”). City and Design Professional are som etimes hereinafter individually referred to as “P arty” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for qualifications, the per formance of the environmental services defined and des cribed particularly in Section 2 of this Agreement.
B. Design Professional, following submission of a proposal for the performance of the services defined and des cribed particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Design Professional was selected by the City on the basis of Design Professional’s demonstrated competence and the professiona l 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 Design Professional Se rvices Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Design Professional for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the te rms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual prom ises and covenants made by the Parties and c ontained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
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SECTION 1. TERM OF AGREEMENT.
Subject to the provis ions of Section 19 "Termination of A greement" of this Agreement, the Ter m of this Agreement is for five (5) years c ommencing on the Effective Date.
SECTION 2. SCOPE OF SERVIC ES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Design Professional agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performanc e. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Design Professional sha ll be deemed to be in Default of this Agreement. The City, in its sole discretio n, may choose not to enforce the Default provisions of this Agreement and may instead allow Design Professional to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Design Professional shall not be com pensated 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 “Administrat ion 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) Subject to any limitations set forth in this Agreement, City agrees to pay Design Professional the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The to tal compensation, including reimbursement for actual expenses, shall not exceed Thirty-Six Thousand Five Hundred Ten Dollars and (0/100) Cents ($36,510), unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) Each month Design Professional shall furnish to City an original invoice for all work performed and expenses incurred during the preceding m onth. The invoice shall detail charges by the following cat egories: labor (by sub- category), travel, materials, equipment, supplies, and sub-Desi gn Professional contracts. Sub-Design Professional charges shall be detailed by the following categor ies: labor, travel, materials, equipment and suppli es. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the l abor category in each in voice shall include detailed descriptions of task performed and the amount of time incurred for or allocated
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to that task. City shall i ndependently review each invoic e submitted by the Design Professional to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agr eement. In the event that no charges or expenses are disputed, the in voice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Design Professional for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Design Professional which are disputed by Cit y, City will use its best efforts to cause Design Professional to be paid within fort y-five (45) days of receipt of Design Professional’s correct and undisputed invoice.
(d) Payment to Design Professional for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Design Professional.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Design Professional’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Design Profession al’s work within sixty (60) days after submitted to City.
City shall reject work by a timely written explanation, otherwise Design Professional’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of De sign Professional’s work by City shall not constitute a waiver of any of the provisions of this Agreement in cluding, but not limited to, Section 15 “Indemnification” and Section 16 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, dr awings, photographs, studies, surveys, reports, data, notes, co mputer files, files and other do cuments prepared, developed or discovered by Design Professional in the cour se of providing the Services pursuant to this Agreement shall become the sole pr operty of City and may be used, reused or otherwise disposed of by Cit y without the permission of t he Design Professional. Upon completion, expiration or termi nation of this Agreement, De sign Professional shall turn over to City all such original maps, model s, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photogr aphs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Design Professional in the course of providing the Services pursuant to this Agreement, Design Professional’s guar antees and warranties in Section 9 “Standard of Performance; Familiarity With Work” of this Agreement shall not extend to such use of
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the maps, models, designs, drawings, phot ographs, studies, surveys, reports, data, notes, computer files, files or other documents.
SECTION 7. DESIGN PROFESSION AL'S BOOKS AND RECORDS.
(a) Design Professional shall maintain any and all documents and records demonstrating or relating to Design Prof essional’s performance of the Services.
Consultant shall maintain any and all led gers, books of account, invoices, vouchers, canceled checks, or other documents or re cords evidencing or relating to work, services, expenditures and disbur sements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of t he services provided by Design Professional pursuant to this Agreement. Any and a ll such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents r equired to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated repres entative. Copies of such documents or records shall be provi ded directly to the City for inspection, audit and copying when it is practical to do so; ot herwise, unless an alternative is mutually agreed upon, such document s and records shall be m ade available at Design Professional’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Design Profe ssional’s business, Cit y may, by written request, require that custody of such docum ents 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) Design Professional is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Design Professional 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 Servic es under this Agreement on behalf of Design Professional shall at all times be under Design Professional’s exclusive direction and control. Neither City, nor any elect ed or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Design Professional or any of Design Professional’s officers, employees, or agents except as set forth in this Agreement. Design Professional shall not at any time or in any manner represent that
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Design Professional or any of Design Profe ssional’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Design Professi onal, nor any of Design Professional’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to Cit y’s employees. Design Professional expressly waives any claim Design Professional may have to any such rights.
SECTION 9. STANDARD OF PERFORM ANCE; FAMILIARITY WITH WORK. (a) Design Professional represents and wa rrants that it has the qualifications, experience and facilities necessary to properl y perform the Services required under this Agreement in a thorough, co mpetent and professional m anner. Design Professional shall at all times faithfully, competently an d to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Design Professional shall employ, at a minimum, generally accepted stand ards and practices utilized by persons engaged in providing servic es similar to the Services required of Design Professional under this Agreemen t, and shall use such skill, prudence, and diligence as other members of Design Professional’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 cr iteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Design Professionals work under this Agreement. Where there is a conflict between a general and a specific standard of performance or perfo rmance criteria, the specific standard or criteria shall prevail over the general.
(b) Design Professional warrants that (1) it has thoroughly investigated and considered the work to be per formed, (2) it has investi gated the issues, regarding the scope of services to be provided, (3) it has carefully considered how the work should be performed, and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement.
SECTION 10. COMPLIANCE WITH A PPLICABLE LAWS; PERMITS AND LICENSES.
Design Professional 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. De sign Professional sha ll 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 Design Professional to comply with this section.
SECTION 11. PREVAI LING WAGE LAWS.
It is the understanding of Cit y and Design Professional t hat California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any
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of the following services subject to preva iling wage rates pursuant to the California Labor Code or regulations promulgated thereunder : Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds . In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Design Professional shall not discriminate, in any way, in the employment of persons to perform the Services in violati on of any federal or state law prohibiting discrimination in employment, including ba sed on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under Californi a Government Code section 12940.
SECTION 13. CONFLI CTS OF INTEREST.
(a) Design Professional covenants that neit her it, nor any officer or principal of its firm, has or shall acquire any interest, di rectly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Design Professional’s performance of the Services. Design Professional further covenants that in the performance of this Agreement, no per son having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City M anager. Design Professional 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 Design Prof essional must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests. If such a determination is made, Design Professional 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 acknow ledges that Design Professional is, as of the date of execution of this Agreement, indepen dently involved in the performance of non- related services for other government al agencies and private parties. Design Professional is unawar e of any stated position of City relative to such projects. Any future position of City on such projects sha ll not be considered a conflict of interest for purposes of this section.
(d) City understands and acknowledges that Design Professional will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreem ent. Any such future service shall not be considered a conflict of interest for purposes of this section.
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SECTION 14. CONFIDENTIAL INFORM ATION; RELEASE OF INFORMATION. (a) All information gained or work produc t produced by Design Professional in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Design Professional. Design Professional shall not releas e or disclose any such information or work product to persons or entities other t han City without prior written authorization fr om the City Manager, except as may be required by law.
(b) Design Professional, its officers , employees, agents or subcontractors, shall not, without prior writte n 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 interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provi ded Design Professional gives City notice of such court order or subpoena.
(c) If Design Professional, or any officer, employee, agent or subcontractor of Design Professional, provides any informati on or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Design Professional for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Design Professional’s conduct.
(d) Design Professional shall promptly notify City should De sign Professional, its officers, employees, agents or subcon tractors be served with any summons, complaint, subpoena, notice of deposition, r equest for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the wo rk performed thereunder. City retains the right, but has no obligation, to represent Design Profe ssional or be present at any deposition, hearing or similar proceeding. Design Professional agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Design Professional. Ho wever, 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 by De sign Professional. As provided under Civil Code Section 2782.8, Design Professional shall indemnify, protect, defend and hold harmless City and any and all of its officials, employ ees and agents (“Indemnified Parties”) from and against any and all claims. actions and proceedings (whether at law or equity, administrative or judicial), demands, order s, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, perta in to, or relate to the neg ligence, recklessness, or willful misconduct of the Design Pr ofessional, its officers, agents, employees or sub- consultants (or any entity or individual t hat Design Professional shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the
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event Claims are found by the trier of fact to have been caused by the joint or concurrent negligenc
e of t he City, its contractors and other design professionals, and Design Professional, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence. Notwithstanding the foregoing, in the event one or more defendants are unabl e to pay its share of defense costs due to bankruptcy or dissolution of the business, Design Professional shall meet and confer with other parties regarding u npaid defense costs. The provisions of this section pertaining to Design Professiona l’s duty to defend shall not apply if there is a project-spec ific general liability policy of insurance that insures all project participants for general liability expos ure on a primary basis and also covers all design professionals involved with the project fo r their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Subcontractors. Design Professional agrees to obtain executed 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 Design Professional in the performance of this Agreement naming the Indemnifi ed Parties as additional indemnitees. In the event Design Professional fails to obtain such in demnity obligations from others as required here, Design Professional agrees to be fully responsible accord ing to the terms of this section. Failure of City to monitor co mpliance with these requirements imposes no additional obligations on City and will in no way ac t as a waiver of any rights hereunder.
This obligation to indemnify and defend Cit y as set forth herein is binding on the successors, assigns or heirs of Design Professional 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 aris ing from gross negligence or willf ul acts or omissions of City or any and all of its officials, employees and agents.
SECTION 16. INSURANCE.
Design Professional agrees to obtain and ma intain 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 requirement s are subject to amendment or waiver if so approved in writing by the City Manager. Design Professional agrees to provide City with copies of required policies upon request.
SECTION 17. ASSIGNMENT.
The expertise and experience of Design Pr ofessional are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligat ions imposed upon Design Professional under this Agreement. In reco gnition of that interest, Design Professional shall not assign or transfer this Agreement or any portion of this Agreement or the
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performance of any of Design Professional’s duties or obligations under this A greement
without the prior written cons ent of the City. Any atte mpted assignment shall be ineffective, null and void, and shall constitu te a material breach of this Agreement entitling City to any and all remedi es at law or in equity, including termination of this Agreement pursuant to Section 19 “Terminat ion of Agreement.” City acknowledges, however, that Design Professional, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 18. CONTINUITY OF PERSONNEL.
Design Professional shall make every reas onable effort to main tain the stability and continuity of Design Prof essional’s staff and subcontract ors, if any, assigned to perform the Services. Design Professional shall notify City of any changes in Design Professional’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 19. TERMINAT ION OF AGREEMENT.
(a) City may terminate this Agreement, wit h or without cause, at any time by giving thirty (30) days written notice of termi nation to Design Professi onal. In the event such notice is given, Design Professional shall cease immediately all work in progress. (b) Design Professional may terminate th is Agreement for ca use at any time upon thirty (30) days written notice of termination to City. (c) If either Design Professional or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Design Professional, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Design Prof essional or City, all property belonging exclusively to City whic h is in Design Professional’s possession shall be returned to City. Design Professiona l shall furnish to City a final invoice for work performed and expenses incurred by Desi gn Professional, 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.
In the event that Design Professional is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Design Professional for any work performed a fter the date of default. Instead, the City may give notice to Design Professional of t he default and the reasons for the default.
The notice shall include the timeframe in wh ich Design Professi onal may cure the default. This timeframe is presumptively th irty (30) days, but may be extended, though not reduced, if circumstances warrant. During the perio d of time that Design Professional is in default, the City shall hol d all invoices and shall, when the default is
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Attachment: Design Professional Agreement - Terra Nova Planning & Research, Inc. (3665 : Ofelia Bringas Memorial Bridge Post-Construction - 10 -
cured, proceed with 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 Design Professional does not cure the default, the City may take necessary steps to terminate this Agreement under Sect ion 19 “Termination of Agreement.” Any failure on the part of the City to give notice of the Design Professional’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.
Design Professional shall not be lia ble for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Design Professional. Su ch 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, epidem ics, 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.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Design Professional 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 gi ven under this Agreement shall be in writing and shall be personally delivered, or s ent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Cathedral City
Attn: City Manager
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
To Design Professional: Terra No va Planning & Research, Inc.
Attn: John D. Criste
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
Notice shall be deemed effective on the dat e personally 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.
SECTION 24. AUTHORITY TO EXECUTE.
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- 11 -
The person or persons executing this Agreement on behalf of Design Professional represents and wa rrants that he/she/they has/ have the authority to so execute this Agreement and to bind Design Professional to the performance of its obligations hereunder.
SECTION 25. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representativ e. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent wit h Section 27 “Amendm ent” and the City Manager’s contracting authority under the Cathedral City Municipal Code.
SECTION 26. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 27. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Design Professional and by t he City. The City Manager shall have the authority to approve any am endment 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 M unicipal Code. All other amendments shall be approved by the City Council. T he Parties agree that the requirement for written modifications canno t be waived and that any attempted waiver shall be void.
SECTION 28. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term , condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provisi on nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Design Professional shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 29. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of Californi a. In the event of litigatio n between the Parties, venue in state trial courts shall lie excl usively in the County of Riversi de, California. In the event of litigation in a U.S. District Court, venue sha ll lie exclusively in the Central District of California, in Riverside.
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SECT
ION 30. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or ot her 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.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with resp ect to the matters addressed therein and supersedes all other agreements or underst andings, whether oral or written, or enter ed into between Design Professi onal and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 32. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be in valid, void or unenforceable, the remaining provisions of this Agreem ent shall not be affected ther eby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 33. CON FLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with t he terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have ex ecuted this Agreement on the date and year first-above written.
CITY OF CATHEDRAL CITY TERRA NOVA PLANNING & RESEARCH, INC. __________________________ ___________________________
Charles P. McClendon By:________________________
City Manager Its:________________________
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ATT
EST: ___________________________
By:________________________
Its:________________________
___________________________
Tracey R. Hermosillo
City Clerk
APPROVED AS TO FORM
___________________________
Eric S. Vail
City Attorney
NOTE: DESIGN PROFESSIONAL’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIAT E ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS
APPLICABLE TO DESIGN PROFESSIONAL’S BUSINESS ENTITY.
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Attachment: Design Professional Agreement - Terra Nova Planning & Research, Inc. (3665 : Ofelia Bringas Memorial Bridge Post-Construction 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 ____________________, 2023 ,
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 th
e 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 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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Attachment: Design Professional Agreement - Terra Nova Planning & Research, Inc. (3665 : Ofelia Bringas Memorial Bridge Post-Construction 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 ____________________, 2023 ,
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 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 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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Attachment: Design Professional Agreement - Terra Nova Planning & Research, Inc. (3665 : Ofelia Bringas Memorial Bridge Post-Construction
A-1
EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services:
Service Provider will provide Post-Construction Monitoring Services as described in their proposal submitted on March 14, 2023, attached.
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Attachment: Design Professional Agreement - Terra Nova Planning & Research, Inc. (3665 : Ofelia Bringas Memorial Bridge Post-Construction Terra Nova/Cathedral City/3.14.23
Cathedral Canyon Bridge Post-Construction HMMP
Scope of Work
Post-Construction
Habitat Mitigation and Management Plan
Cathedral Canyon Bridge at the Whitewater River
City of Cathedral City, Riverside County
EXHIBIT A: SCOPE OF WORK
Introduction
The Terra Nova scope of work is associated with the development and five-year implementation of a post- construction Habitat Mitigation and Monitoring Program (HMMP ) pursuant to the requirements of the California Department of Fish and Wildlife (CDFW) and Section 1600 of the California Fish and Game Code. The subject bridge was recently completed and CDFW has requested that the subject HMMP be implemented. Time is of the essence. The CDFW has extended the City’s Section 1600 reporting deadline to May 1, 2023 to allow for the establishment of HMMP parameters and current site conditions.
Understanding of Project
Terra Nova and WSP staff (WSP USA Environment & Infrastructure, Inc. or WSP USA) understand the city wishes to finalize the mitigation measures required to complete the bridge improvement project, specifically post-construction habitat mitigation and management . The project site is generally located north of SR 111, south of Dinah Shore Drive, east of Golf Course Drive, and west of Date Palm Drive and is within the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP). As the necessary mitigation required under the regulatory agency permits was completed through off-site conservation, no additional planting/restoration efforts are required on the project site. Under the approved Lake and Streambed Alteration A greement and discussions with CDFW representatives, a Habitat Mitigation Monitoring Plan (HMMP) is required to monitor the natural regrowth of vegetation on the project site in order to minimize the amount of non -native invasive plant species. In discussions with CDFW, there was no base-line conditions documents prior to project implementation. Terra Nova and WSP have discussed an approach to identify previous conditions and will implement that strategy as part of the HMMP.
Scope of Services
Based upon our current understanding of the Project, Terra Nova and WSP USA propose to perform a scope of services which includes two fixed tasks: 1) prepare an amendment to the 2019 Habitat Mitigation and Monitoring Plan and 2) Implement the HMMP for 5 consecutive years.
1.1 Task 1 – Prepare an Amendment to the 2019 Habitat Mitigation and Monitoring Plan With assistance from Terra Nova, WSP USA will review the existing Lake and Streambed Alteration Agreement (1602 permit) to understand the specific requirements in the HMMP. The existing HMMP includes tasks necessary to document the progress of natural revegetation of the project site by photo documentation only. In order to document baseline conditions in a more quantitative methodology, as required by CDFW, WSP will establish three individual transects to collect point-intercept data associated with percent cover of native vs. non-native plant species.
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Cathedral Canyon Bridge Post-Construction HMMP
One transect will serve as the base-line and be located in an off-site location immediately downstream of the projects site. Two permanent transects will be established within the project site, on the downstream side of the bridge, to document the percent cover of weedy species on the project site over time. The HMMP will be amended to include a description of the above methods.
The HMMP will also include a strategy to control any non-native invasive species such as pampas grass, giant reed, fountain grass, or tamarisk, including treatment methods including but not limited to cut-stump, foliar spraying, and hand pulling. The HMMP will also include standard success criteria based on the current conditions downstream of the project site. The success criteria will include an acceptable percentage of the current conditions achieved over the 5 years of monitoring.
Following one round of comments a final version of the HMMP will be submitted to CDFW.
1.2 Task 2 – 5 Year Implementation of the Habitat Mitigation and Monitoring Plan WSP USA will begin implementing the amended HMMP in February/March 2023 and will submit the first annual monitoring report by May 1, 2023, as this extension was approved by CDFW.
Additional monitoring reports will be completed in 2024, 2025, 2026, and a final monitoring report in 2027. The general scope of work will include taking photographs at the photo locations identified in the HMMP.
During the 2023 monitoring effort, all three-point intercept transects will be walked to collect data regarding percent cover of natives. The two on-site transects will be compared to the off-site transect, which will establish the baseline conditions. The remaining four years will only include the two on-site transects. Annual surveys should be conducted early in the year, to be able to collect the data and prepare a report before the March 1 deadline as required in the 1602 permit. Following each annual survey, an annual monitoring report will be prepared and submitted to the client for review. Following one round of comments, a final annual monitoring report will be prepared and submitted to CDFW staff.
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Attachment: Design Professional Agreement - Terra Nova Planning & Research, Inc. (3665 : Ofelia Bringas Memorial Bridge Post-Construction B-1
EXHIBIT "
B"
COMPENSATION
I. Design Professional shall use the followi ng rates of pay in the performance of the Services:
Service Provider will provide Post-Construction Monitoring Services in accordance with the fee proposal included within their proposal submitted on March 14, 2023, attached.
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Attachment: Design Professional Agreement - Terra Nova Planning & Research, Inc. (3665 : Ofelia Bringas Memorial Bridge Post-Construction Terra Nova/Cathedral City/3.14.23
Cathedral Canyon Bridge Post-Construction HMMP
Post-Construction
Habitat Mitigation and Management Plan
Cathedral Canyon Bridge at the Whitewater River
City of Cathedral City, Riverside County
EXHIBIT B: BUDGET
BUDGET ITEM AMOUNT
Task 1 Update HMMP (Either as an amendment or revision) $3,250.00 Task 2a Annual Monitor and Report 2023 $6,250.00
Task 2b Annual Monitor and Report 2024 $4,920.00
Task 2c Annual Monitor and Report 2025 $4,920.00
Task 2d Annual Monitor and Report 2026 $4,920.00
Task 2e Annual Monitor and Report 2027 $6,250.00
Task 3 Project Management 2023-27 $6,000.00
TOTAL $36,510.00
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Attachment: Design Professional Agreement - Terra Nova Planning & Research, Inc. (3665 : Ofelia Bringas Memorial Bridge Post-Construction C-1
EXHIBIT "
C"
INSURANCE
A. Insurance Coverages. Service Pr ovider shall provide and maintain insurance, acceptable to the City, in full force and effect 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 Service Provider, its agents, representatives or employees. Servic e Provider shall procure and maintain the following 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 Service Provider and City against liability or claims of liability which may arise out of this Agreement in the am ount of one million dolla rs ($1,000,000) per occurrence and subject to an annual aggregate of two million dollars ($2,000,000).
Coverage shall be at least as broad as In surance Services Office form Commercial General Liability coverage (Occurrence Fo rm CG 0001). There shall be no endorsement or modification of the CGL limiting the sc ope of coverage for either insured vs. additional insured claims or contra ctual liability. All defense costs shall be outside the limits of the policy.
X Vehicle Liability Insurance: Vehicle liability insuranc e in an amount not less than $1,000,000 for injuries, including acciden tal death, to any one person, and subject to the same minimum for each person, in an amount not 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 c onsidered 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 insurance that includes a minimum of one million dollars ( $1,000,000) of employers’ liability coverage.
Service Provider shall prov ide an endorsement that the in surer waives the right of subrogation against the City and it s respective elected officials, officers, employees, agents and representatives. In the event a clai m under the provisions of the California Workers’ Compensation Act is filed against City by a bona fide employee of Service Provider participating under this Agreem ent, Service Provider is to defend and indemnify the City from such claim.
X Professional Liability Insurance: Professional liability insurance appropriate to the Service Provider’s profession in an amount not less than one million dollars
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C-2
$1,000,000 per occurrence. This coverage ma y be written on a “claims made” basis, and must include coverage for contractual liabilit y. The professional liability insurance required by this Agreement must be endors ed to be applicable to claims based upon, arising out of or related to Services per formed under this Agreement. The insurance must be maintained for at least three (3) c onsecutive years following the completion of Service Provider’s services or the termination of this Agr eement. During this additional three (3) year period, Service Provider shall annually and upo n request of the City submit written evidence of this continuous coverage.
B. Other Provisions. Insurance polic ies required by this Agreement shall contain the following provisions:
1. All Coverages.
a. Each insurance policy r equired by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to th is Agreement, reduced in cover age or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
b. Insurance is to be placed with insurers 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 employees and volunteers are to be covered as additional insureds as respects: liability arising out of activiti es Service Provider performs; products and completed operations of Service Provider; premises owned, occupied or used by Service Provider; or automobiles owned, leased, hired or borrowed by Service Provider.
The coverage shall contain no special limitat ions on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees.
b. Service Provider’s insu rance coverage shall be primary insurance with respect to Cit y, and its respective elect ed and appointed, its officers, officials, employees and volunteers. Any in surance or self-insurance maintained by City, and its respective elected and appoi nted officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Service Provider’s insurance.
c. Service Provider’s insur ance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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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 elect ed and appointed officers, officials, employees or volunteers.
e. The insurer waives all ri ghts of subrogation against the City, its elected or appointed officers, officials, employees or agents.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writ ing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appoi nted officers, officials, employees and agents for losses arising from work performed by Service Provider.
C. Other Requirements. Service Provider 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 Service Provider furnish City with copies of or iginal endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that in surer to bind coverage on its behalf. City reserves the right to inspect complete, certif ied copies of all required insurance policies, at any time.
1. Service Provider shall furnis h certificates and endorsements from each sub-contractor identical to those Service Provider provides.
2. Any deductibles or self-insur ed retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and vo lunteers, or the Serv ice Provider shall procure a bond guaranteeing pay ment 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 Se rvice Provider’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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Cathedral City Page 1 of 2 Printed on 4/6/2023
Staff Report
City Council
Item No. 3.D
Meeting Date: April 12, 2023
From: Kevin Biersack, Deputy Finance Director
Title: Annual Approval of the City’s Investment Policy
City Council
RECOMMENDATION:
Staff recommends the City Council approve the updated investment policy.
BACKGROUND:
Each fiscal year, staff presents the investment policy to Council for review and approval.
It is the policy of the City to invest public funds safely and in compliance with the requirements of the California Govern ment Code to meet the daily cash flow needs while achieving a market rate of return minimizing the potential for losses arising from market changes or issuer default. This Statement of Investment Policy is intended to provide guidelines for the prudent investment of the City’s cash and to identify the City’s policies regarding the investment process. Investments of public funds shall be made in accordance with this Investment Policy. All participants in the City’s investment process shall seek to act respon sibly as custodians of the public trust. Any investment transaction shall be avoided that might impair public confidence in the City’s ability to manage its assets or to govern effectively. Our primary investment strategy continues to be the safety of prin cipal and the guideline to keep all investments made in accordance with the California Government Code.
DISCUSSION:
The City Council is required annually to both consider renewal of its delegation of investment authority to the Treasurer consistent with Government Code sections 56607 and 53608 and to review and consider any updates necessary or recommended by the Treasurer to the Investment Policy consistent with Government Code section 53646(a)(2). The policy incorporates the key investment policy compo nents of the League of California Cities, the California Society of Municipal Finance Officers, the California Municipal Treasurers Association, the Government Finance Officers Association and the Government Accounting Standards Board ("GASB") Statement No . 40, Deposit and Investment Risk Disclosures. At Council’s direction, should there be any changes, staff reviews the City’s Investment Policy and current investments with the Finance Advisory Committee during its annual meeting to which the committee
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Cathedral City Page 2 of 2 Printed on 4/6/2023
concurred with the policy and City Treasurer’s investments. This policy positions the City of Cathedral City to continue to provide the conservative stewardship of our funds, while maximizing earnings and maintaining liquidity of funds.
Staff has coordinated with the City Treasurer and we have determined there are no changes proposed to the investment policy.
FISCAL IMPACT:
None
ATTACHMENTS:
90110_Investment Policy_April 2023_FINAL
3.D
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ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
Mission Statement
It is the policy of the City of Cathedral City to invest public funds in a manner which will provide the maximum security with best investment return, while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds.
Purpose
This statement is intended to provide guidelines for the prudent investment of the City of Cathedral City, Successor to the Redevelopment Agency, and Cathedral City Public Financing Authority (City) funds and to outline the policies for maximi zing the efficiency of the City’s cash management system. The primary goal is to enhance the economic status of the City while safeguarding its assets.
Municipal Code 3.08.010
Pursuant to the delegati on of authority in Section 3.08.010, the City Treasurer is authorized to purchase, at their original sale or after they have been issued, securities which are permissible investments under any provision of state law relating to the investing of general cit y funds, including but not limited to Sections 53601 and 53635 of the Government Code, as said sections now read or may hereafter be amended, from moneys in custody which are not required for the immediate necessities of the city and as (s)he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 2 § 1 (part), 1981)
Objectives
In order of priority, the primary objectives of the City’s investment activities shall be:
1. Safety of principal is the foremost object ive of the investment program. Investments shall be undertaken in a manner seeking to ensure the preservation of cap ital in the overall portfolio. The objective will be to mitigate credit risk (the risk of loss due to failure of the financial institution, broker/dealer default, or erosion of market value) and interest rate risk (the risk the market value of securities in the portfolio will fall due to changes in general interest rat es). To attain this objective, the City will diversify its investments by investing funds among a variety of securities offering independent returns and financial institutions.
2. Liquidity is the second most important object ive of the investment program. The investment portfolio s hall rem ain sufficiently liquid to enable the City to meet all operating and capital requirements that may be reasonably anticipated. Prior to investing City funds, the City Treasurer shall meet with Finance Department staff to unde rstand the City’s projec ted cash needs for day-
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
to-day operations and ongoing capital improvement projects. Using this information, the City Treasurer can then determine the appropriate length of time for the investment.
3. Yield or rate of return shall be designed with the objec tive of attaining a market rate of return throughout budgetary and economic cycles while considering the investment risk constraints and liquidity ne eds. Market rate of return is defined as the average return on t he one -year U.S.
Treasury Bill. Whenever possible, and in a manner consistent with the more important objectives of safety of principal and liquidity, a yield higher than the market rate of return shall be sought.
Standard of Care
The standard of care to be applied shall be the “prudent person,” which states:
Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not fo r speculation, but for investment, consid ering the probable safety of their capital as well as the probable income to be derived.
Officers and employees acting in accordance with the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security’s credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.
Officers and employees involved i n the investment process shall refrain fr om personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions.
Authority to manage the investment program is granted to the Treasurer , who shall be responsible for the investment of all funds. In his/her absence, the Administrative Services Director and/or Deputy Finance Director, and City Manager, in that order, are authorized to act on his/her behalf. These responsibilities shall include the authority to open accounts with banks, brokers and dealers , and to establish safekeeping accounts or other arrangement s for the custody of securities and to execute such documents as may be necessary. Prior to any of the above activities being finalized, w ritten concurrence by two of the above individuals shall be obtained.
Responsibility for the operation of the investment program is delegated to the Administrative Services Director and/or Deputy Finance Director, who shall carry out established written proce dures and internal controls consistent with this investment policy. Transactions shall be complete, valid, authorized and properly recorded.
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
Safekeeping of Securities
All securities owned by the City shall be held in a safekeeping account with the financial institution in the name of the City , and under City control at all times. All trades, where applicable, shall be executed by delivery to the City, including those purchased for the City by financial advisers, consultants, or managers by book entry, physical delivery, or by third -party custodial agreement. All security transactions shall be evidenced by safekeeping receipts.
Authorized Investments
Sections 16429.1, 53601, 53601.1, 53601.7, 53635, and 53638 of the Government Code of the State of California set forth the investment vehicles available to local agencies as summarized in the following paragraphs. Section 53601, as now amended, provides that unless Section 53601 specifies a limitation on an investmen t’s maturity, no investments with maturities exceeding five years shall be made unless otherwise directed by the City’s Council members.
State Treasurer’ s Local Agency Investment Fun d (LAIF) - As authorized in Government Code Section 16429.1 and by LAIF p rocedures, local government agencies are authorized to invest a maximum of $75 million (each regular account) in this investment program administered by the California State Treasurer. Bond proceeds accounts have no deposit restrictions.
Government Agency Issues - As authorized in Government Code Sections 53601(a) through (f), this category includes a wide variety of government securities which include the following:
• Local government bonds or other indebtedness.
• State bonds or other indebtedness.
• U. S. Treasury notes or other indebtedness sec ured by the full faith and credit of the federal government.
• Other federal agency securities including but not limited to issues by the Government National Mortgage Association, Federal National Mortgage Assoc iation, and the Federal Home Loan Mortgage Corporation.
• State of California obligations such as California Treasury Notes or General Obligation Bonds.
Investment may be made up to 80 percent of the portfolio; however, the total amount may not be committed to any one agency.
Bankers’ Acceptances - As authorized in Government Code Section 53601(g), 40 percent of the City’s portfolio may be invested in bankers’ a cceptances; however, no more than 30 percent of
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
the portfolio may be invested in bankers’ a cceptances with any one commercial bank.
Additionally, the maturity period may not exceed 180 days.
Commercial Paper - As authorized in Govern ment Code Section 53601(h), 25 percent of the City’s portfolio may be invested in commercial paper of the highest ra ting (A-1 or P-1) as rated by Moody’s or Standard and Poor’s, with maturities not to exceed 270 days. Local agencies may purchase no more than 10 percent of the outsta nding co mmercial paper of an y single issuer.
There are other qualifications regarding inv estments in commercial paper based on the fin ancial strength of the corporation and the size of the investment.
Negotiable Certificates of Deposit - As authorized in Government Code Section 53601(i ), no more than 30 percent of the agency’s money may be invested in negotiable certificates of deposit issued by a nationally or state -chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a state - licensed branch of a foreign bank. All purchases must be fully insured by the FDIC or fully collateralized.
Medium-term notes (MTN’s) - As authorized in Government Code Section 53601(k), medium- term notes are defined as all corporate and depository institution debt securities with a maximum remaining maturity of fiv e years or less, issued by corporations organized and operating within the United States or by depository institutions lic ensed by the United States or any state and operating within the United States. Notes eligible for investment under t his subdivision shall be rated “A” or better by a nationally recognized rating s service. Purchases of medium -term notes shall not include o ther instruments authorized by this section and may not exceed 30 percent of the agen cy’s money that may be invested pursuant to this section; however, no more than 5 percent in any one issue or issuer.
Money Market Mutual Funds – As authorized in Government Code Section 53601(l)(2), shares of beneficial interest issued by diversified management companies that are money market mutual funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. The company shall have met either of the following criteria: (a) attained the highest ranking or the highe st l etter and numerical rating provided by not le ss than two nationally recognized statistical rating organizations; or (b) r etained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years’ experience managing money market mut ual funds with assets under management in excess of five hundred million dollars ($500,000,000).
The purchase price of sh ares of beneficial interest purchased pursuant to this subdivision shall not include any commission the companies may charge and shall not exceed 20 percent of the agency’s money that may be invested pursuant to this section. However, no more than 10 percent of the agency's funds may be invested in shares of beneficial interest of any one mutual fund.
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
A derivative is defined as a financ ial instrument created from or whose value depends on the value of one or more underlying assets or indexes of asset value s. No in vestment shall be made in collateralized mortgage obligations (CMO’s), intere st-only (IO’s) and principal -only (PO’s) forwards , futures, currency and interest rate swaps, options, and caps/floor/collars. Neither shall any investment be made in reverse repurchase agreements as outlined in Government Code 53601(j).
With the objective s o f this policy , d iversification of the portfol io will be made at a ll t imes in such a manner to avoid incurring unreasonable risks . No investment shall be made in a secu rity prohibited by this policy or by Government Code 53601.6. Liquidity shall be maintain ed in such a manner that no less than 20 percent of the portfolio shall have a term of one year or less.
At the time of each investment, either by renewal or initial purchase, an analysis shall be made of the entire portfolio to ensure the limit for that type of investment shall not be exceeded.
Investments Held by Trustees
Assets held by fiscal agents are held pursuant to formal agreements such as the requirements o f a bond issue or an agreement between the City and another government agency or other entity. The investment of assets held by fiscal agents shall occur pursuant to these formal requirements as permitted by Section 53601(m) of t he California Government Co de. However, the investment of such assets is subject to the laws esta blished by the State of California pertaining to investments by local agencies as well as the City’s primary investment objectives.
Deferred Compensation Plan Assets
Investment decisio ns regard ing these assets are made by the participants pursuant to the deferred compensation plans made available to the City and are not considered a part of this investment policy.
Reporting
Under provisions of the California Government Code Section 53 646, there shall be a report at least quarterly made to the City Counc il and City Manager reporting the status of all investments. Per subdivision (d), the legislative body of a local agency may elect to require the report specified in subdivision (b) to b e made on a monthly basis instead of quarterly. The City’s Municipal C ode requires the City Treasurer to make a monthly report to the City Council of all investments made pursuant to the authority delegated in this chapter. (Municipal Code 3.08.050 – Ord. 2 § 1 (part), 1981)
These reports shall show for all securities:
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
• type of investment
• issuer or institution
• date of maturity
• amount of deposit
• rate of interest
• current market value
• accrued interest due
• current broker/dealers and par amount invested through their company as a percentage of the total portfolio
In addition to the items required b y Section 53646 of the California Government Code, the following items should be included on the monthly reports to ensure compliance with this investment policy and Governmental Accounting Standards Board (GASB) Statement No. 40, Deposit and Investment Ri sk Disclosures:
• investment rating at time of purchase (Moody’s / Standard & Poor’s) • investment rating as of June 30 of each fiscal year (Moody’s / Standard & Poor’s)
Investments held by a fiscal agent and agents for any deferred compensation funds shall be reported based on the most recent publish ed reports received by the City at the time the report is made to the City Council.
Qualified Dealers
The City shall tra nsact investment business only with banks, savings and loans, and registered securities dealers. All financial institutions and broker /dealers who desire to become bidders for investment transactions must supply the City with the following:
• audited financial statements
• proof of National Association of Security Dealers' certification • trading resolution
• proof of California registration
• certification of having read the City of Cathedral City’s investment policy • résumé of employees who will be engaged in transactions with the City
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
• Community Reinvestment Act (“CRA”) Rating of Satisfactory or above.
A periodic review of the financial conditio n and registrations of qualifi ed bidders shall be conducted. An annual certification of having read the City’s investment policy shall be required by all brokers/dealers.
The Treasurer shall review on a quarterly basis the LAIF report regarding its invest ments and the market value thereof and obtain and review the State Treasurer’ s investment policy and annual audited financ ial report as it pertains to LAIF.
Policy Review
This investment poli cy shall be reviewed at least annually by the City Council and C ity Manager or in accordance with California Government Code Section 53646 requirements.
Glossary of Investment Terminology
AGENCIES: Federal agency securities.
AMORTIZED COST: For investme nts purchased at a d iscount, amortized cost constitutes cost plu s interest earned to date.
ASKED: The price at which securities are offered.
BANKERS’ ACCEPTANCE: A draft or bill or exc hange acc epted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.
BASIS POINT: A basis point equals one one-hundredth of 1% (.01%).
BID: The price offered for securities.
BOOK ENTRY SECURITIES: All U.S. T reasury and Federal Agencies are maintained on computerized records at the Federal Reserve; now known as “wireable” securities.
BROKER: A broker brings buyers and sellers together for a commission paid by the initiator of the transaction or by both sides.
COST: The purchase price of an investment.
COLLATERAL: Securities, evidence of deposit or other property a borrower pledge s to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
CERTIFICATE OF D EPOSIT: A time deposit with a specific matur ity evidenced b y a certificate.
Large-denomination CDs are typically negotiable.
COMMERCIAL PAPER: An unsecured promissory note with a fixed maturity no longer than 270 days.
The largest issuers include General Motors Acceptance Corporation (GMAC), General Electric Capi tal Corporation (GECC) and other major corporations.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, bu ying and selling for the dealer’s own account.
DELIVERY V ERSUS PAYMENT: There are two methods of delivery of securit ies: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchang e of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities.
DEBENTURE: A bond secured only by the general credit of the issuer.
DISCOUNT: The difference between the cost price of a security and its value at maturity when quoted at lower than face value.
DISCOUNT SECURITIES: Securities issued at a discount and redeemed at maturity for full face value, e.g., U.S. Treasury bills. Interest is received at maturity.
DIVERSIFICATION: Dividing investment funds among a variety of securities and financial institutions offering.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g., S & L’ s, small business firms, students, farmers, farm cooperatives, and exporters.
FEDERAL FUNDS: Non-interest-bearing deposits held by member banks at the Federal Reserve.
FEDERAL FUNDS RATE: The rate of interest at which Federal funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations.
FEDERAL DEP OSIT INSURANCE CORPORATION: A federal ag ency insuring bank deposits; currently up to $250,000 per deposit.
FEDERAL HOME LOAN BANKS: The institutions regulat ing and lend ing to savings and loan associations.
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC): A U.S. Corporation and instrumentality of the U.S. government. Through its purcha ses of conventional mortgages, it provides liquidity to the mortgage markets, much like FNMA. FHLMC’ s securities are high ly liquid and widely accepted. FHLMC assumes and guara ntees that all security holders will receive timel y payment of principal and interest.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was chartered under the Federal National Mor tgage Association Act in 1938. FNMA is a federal corp oration working under the auspices of the U.S. Department o f Housing & Urban Development. It is the largest single provider of residential mortgage funds in the United States . Fannie Mae, as the corporation is called, is a private stockholder-owned corpora tion. The corporation’s purchases include a variety of adju stable mortgages and second loa ns in addition to fixed -rate mortgages. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest.
FEDERAL OPEN MAR KET COMMI TTEE (FOMC): Consists of seven members of the Fede ral Reserve Board and five of t he twelve Fed eral Reserve Bank Presidents. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities i n the open market as a means of influencing the volume of bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of the Unit ed States created by Congress and consisting of a seven -member Board of Governors in Washington, D.C., 12 Regional Banks a nd about 5,700 commercial banks that are members of the system.
GOVERNMENT NATIONAL MORTG AGE ASSOCIATION (GNMA or Ginnie Mae): Securities guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loans associations and other institutions. Security holder is protected by full faith and credit of the U.S. Government.
LIQUIDITY: A liquid asset is one easily and rapi dly converted into cash without a substantial loss of value.
LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all fu nds from political subdivisions placed in the custody of the State Treasurer for investment.
MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase reverse repurchase agreeme nts establis hing each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer -lender to liquidate the underlying securities in the event of default by the seller-borrower.
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
MATURITY: The date upon which the principal or stated value of an investment becomes due and payable.
MONEY MARKET: The market in which short -term debt instruments (b ills, commercial paper, bankers’ acceptances, etc.) are issued and traded.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank, as directed by the FOMC, in order to influence the volume of money and credit in the economy. Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the oppo site effect. Open market ope rations are the Federal Reserve’s most important and most flexible monetary policy tool.
PAR VALUE: The amount realized upon maturity of an investment.
PORTFOLIO: Collection of securities held by the investor.
PRIMARY DEALER: A group of government securities dealers submit ting daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight.
PRIME RATE: The rate at which banks lend to their best or “prime” customers.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price.
REPURCHASE AGREEMENT: A holder of securities sells these securit ies to an investor with an agreement to repu rchase them at a fixed price on a fixed date. The security “buyer” in effect lends the “seller” money for the period of th e agreeme nt, and the terms of the agreement are structured to compensate the buyer for this. Dealers use repurchase agreements extensively to finance their positions.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and v aluables of all types and descriptions are held for protection.
SECONDARY MARKET: A market for the purchase and sale of outstanding issues following the initial distribution.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investo rs in securities transactions by administering securities legislation.
SETTLEMENT DATE: The date on which a trade is cleared by deliv ery of securities against funds.
This date may be the same as the trade date or later.
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
ACCOUNTING AND FINANCE
POLICIES AND PROCEDURES MANUAL
90110
Investment Policy
Last Revision: May 2015
Annual – May 2023
TRADE DATE: The date on which a transaction is initiated or entered by the buyer or seller.
TREASURY BILL: A discount secur ity issued by the U.S. Treasury to finance t he national debt maturing from three months to one year.
TREASURY BONDS: Long-term U.S. Treasury securities having initia l maturit ies of more than ten years.
TREASURY NOTES: Intermediate term U.S. Treasury secu rities having initial maturities from one to ten years.
WHEN-ISSUED TRADES (WI): Typically, there is a delay between the time a new bond is announced and sold, an d the tim e when i t is issued. During this interval, the security trades “wi”, “when, as, a nd if issued.”
YIELD: The rate of annual incom e return on an invest ment, expressed as a percentage: (a) income yield is obtained by dividing the current dollar income by the current market price for the security; (b) net yield or yield to maturity is the current income yield minus any premium above pa r or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the security.
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Attachment: 90110_Investment Policy_April 2023_FINAL (3691 : Annual Approval of the City’s Investment Policy)
Cathedral City Page 1 of 2 Printed on 4/6/2023
Staff Report
City Council
Item No. 3.E
Meeting Date: April 12, 2023
From: George Crum, Police Chief
Title: State Homeland Security Program Grant #2022-0043
City Council
RECOMMENDATION:
To adopt a resolution accepting State Homeland Security Program Grant #2022-0043, in the amount of $102,000
BACKGROUND:
The State Homeland Security Program (SHSP) is a grant program under the umbrella of FEMA’s Homeland Security Grant Program, started in 2003, the grant program assists in providing funding to s upport the implementation of risk -driven, capabilities -based State Homeland Security Strategies to address capability targets.
DISCUSSION:
In 2020, Cathedral City Police applied for the SHSP grant to assist the department with transitioning to a county -wide seamless radio communication system. Our application was approved, and we were awarded $142,280 to be dispersed in 2022. Within our application the funding request included $33,000 for three upgraded PSEC compatible consolettes and $109,280 to be used toward the required software upgrades to the six dispatch consoles within the communications center. The grant award of $142,280 was approved by City Council at the September 14, 2022 City Council meeting.
In 2021, Cathedral City Police applied for the S HSP grant for a second year to continue assisting the department with transitioning to a county -wide seamless radio communication system. Our application was approved, and we were awarded $102,000 to be dispersed in 2023. Within our application , the fundin g request included the remaining $78,101 to be used toward the required software upgrades to the six dispatch consoles within the communications center , $15,330 for required Nokia SAR -A routers to connect the fiber circuits from Cathedral City to PSEC’s co re sites, and the remaining $8,569 toward the purchase of PSEC compatible radio(s) for the Cathedral City Fire Department.
This grant will provide financial assistance to Cathedral City to achieve the goal
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identified by City Council on March 24th, 2021, to migrate to the PSEC radio system.
The next step in the SHSP grant acceptance process is for CCPD to provide an approved copy of a local governing body resolution authorizing the organization to receive the grant funds.
FISCAL IMPACT:
There is no financial impact to the General Fund , This grant will be accounted for in the Police Grant Fund (247).
ATTACHMENTS:
Cathedral City PD_FY22 SHSP Award Letter
SHSP Grant Sub Award Facesheet
Motorola System Integration Services quote
Resolution - Riverside County EMD Grant
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450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOREADY.ORG ♦ TDD: 951.358.5124 Bru
ce Barton, Director
Emergency Management Department
January 25, 2023
City of Cathedral City
George Crum, Chief of Police
Jennifer Nellis, Senior Administration Analyst
R
E: FY22 State Homeland Security Program Grant (SHSP) Award - $102,000 Grant #2022-0043 CFDA#: 97.067
T
he California Office of Emergency Services (CalOES) has approved Riverside County’s FY 22 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests. The performance period for this grant is January 25, 2023 – May 31, 2024. Final reimbursement requests are due no later than June 10, 2024.
U
pon approval of pending paperwork this letter serves as authorization to begin spending and requesting reimbursement of your Anti-Terrorism Approval Authority (AT AA) approved projects. To ensure that all awarded funds are expended, the State requires reimbursement requests be made every 6 months at a minimum. E xpenses for equipment should be completed within the first 8 months after rec eiving this award let ter. Training must be completed or scheduled within the first year of this grant. Under extenuating circumstances certain exceptions may be approved. Full expenditure of the awarded funds is expected.
R
iverside County Operational Area may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or stat e la
w.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• F
ailure to adequately manage, monitor, or direct the grant funding activities of their City/Agency.
A s
igned FY22 Grant Assurance and a signed Financial Management Forms Workbook (FMFW) Facesheet is required to be submitted to Riverside County EMD as soon as possible. Modifications and Reimbursement Requests cannot be processed until these documents are received. Please remember that changes to your grant will require the approval of the OA prior to incurring any costs. All modificati ons, EHP’s, sole source procurement, EOC and construction requests require additional approvals from CalOES through the OA prior to incurring any costs.
B
y accepting this subaward, it is understood that your agency agrees to comply with all applicable federal, state, and local requirements of the grant as put forth in the FY 22 Grant Assurances, federal and state guidances, and all provisions of 2 CFR 200 including Subpart F- Audit Requirements. Any funds found owed as a result of a final rev iew or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.
P
lease feel free to contact me for any further assistance.
Sincerely,
Louis Le
A
dministrative Services Analyst II
[email protected]
951-955-8525
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Attachment: Cathedral City PD_FY22 SHSP Award Letter (3702 : State Homeland Security Program Grant #2022-0043)
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Attachment: SHSP Grant Sub Award Facesheet (3702 : State Homeland Security Program Grant #2022-0043)
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Attachment: Motorola System Integration Services quote (3702 : State Homeland Security Program Grant #2022-0043) RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY, CALIFORNIA, AUTHORIZING THE
ACCEPTANCE OF SUBAWARD GRANT FUNDS IN THE AMOUNT OF
$102,000 FROM THE RIVERSIDE COUNTY EMERGENCY
MANAGEMENT DISTRICT
WHEREAS, the City of Cathedral City (City) is interested in participating in the Riverside County Emergency Management District Subaward Grant Program, which is made available through the California Office of Emergency Services (CalOES) FY 22 State Homeland Security Program Grant (SHSP); and
WHEREAS, following the City’s submittal of a proposal for the Program, Riverside County Emergency M anagement District offered to award $102,000 for FY
22. The grant authorizes reimbursement requests as of 1/25/2023. The grant cycle for this grant will end on May 31, 202 4. All final reimbursement requests are due no later than June 10, 2024; and
WHEREAS, Grant Funds will be used for reimbursement of the City’s Anti- Terrorism Approval Authority (ATAA); and
WHEREAS, the awarded $102,000.00, which will be dispersed in 2023, will be used to continue assisting the department to achieve radio interoperability with Riverside County Public Safety Enterprise Communication System (PSEC) . $78,101 will be used toward the required software upgrades to the six dispatch consoles within the communications center. $15,330.00 will be used f or the required Nokia SAR -A routers to connect the fiber circuits from Cathedral City to PSEC’s core sites, and the remaining $8,569 will go towards the purchase of PSEC compatible radio(s) for the Cathedral City Fire Department; and
WHEREAS, in an effort to ensure that all awarded funds are expended the State is requiring that reimbursement requests be made at least every 6 months. Expenses for equipment should be completed within the first 8 months after receiving th e award letter. Training must be completed or scheduled within the first year of the grant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cathedral City as follows:
SECTION 1. The City Manager or a designated representative is hereby authorized, on behalf of the City, to accept Subaward Grant Funding in the amount of $102,000 from Riverside County Emergency Management District.
SECTION 2 . The City Manager or a designated representative is hereby authorized, on behalf of the City, to execute the grant documents and to submit all documents, including, without limitation, contracts, amendments, extensions, and payment requests as appropriate to accept the funds under and comply with the conditions of the grant.
SECTION 3. The City Manager is hereby authorized and directed to establish
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Attachment: Resolution - Riverside County EMD Grant (3702 : State Homeland Security Program Grant #2022-0043) all required accounts and make any and all expenditures, appropriations, transfer, and/or distributions of funds on behalf of the City as are necessary and appropriate to carry out the purpose and intent of this resolution.
SECTION 4. By accepting this award, the City agrees to comply with all applicable federal, state, and local requirements of the grant as p ut forth in the FY2 2 Grant Assurances, federal and state guidance’s, and all provisions of 2 CFR 200 including part F - “Audit Requirements”. Any funds found owed as a result of a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Cathedral City held on this 12th day of April 2023, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Rita Lamb, Mayor
ATTEST:
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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Attachment: Resolution - Riverside County EMD Grant (3702 : State Homeland Security Program Grant #2022-0043)
Cathedral City Page 1 of 4 Printed on 4/6/2023
Staff Report
City Council
Item No. 6.A
Meeting Date: April 12, 2023
From: Charles McClendon, City Manager
Title: 5-Year Strategic Plan
City Council
RECOMMENDATION:
To accept and approve the 5-Year Strategic Plan which will provide a longer term perspective for service delivery and budgeting as well as operationally addressing current needs and priorities. Approval of the Strategic Plan will also add structure and provide context for future policy and budget decisions.
BACKGROUND:
A Strategic Plan is an important planning document to help organizations maintain focus on the future in addition to operationally addressing current issues and needs. Over the past 4 months, the City has undertaken a series of activities to solicit input from the community, City Council, and city staff for development of the City’s 5 -Year Strategic Plan. The Strategic Plan expands beyond previous goal setting performed by the City since, in addition to annual goals, it also identifies longer range priorities and initiatives.
Similar to the City’s Biennial Budget process, 5 -Year Capital Improvement Project (CIP) Plan, and the Parks Improvement Project Plan, the Strategic Plan will not be a static document. It will be reviewed, updated, and revised annually to reflec t City Council priorities, business imperatives created by evolving customer needs and expectations, technology, and emerging legal and regulatory requirements.
The proposed Strategic Plan is the product of a thoughtful and inclusive process of education and solicitation of City Council thoughts and priorities, City staff review and collaboration, and community opinions and preferences. The broad outreach and collaborative process of gathering important i nputs and data which informed development of the Strategic Plan included:
• 2023 projects and priorities identified by City Staff • Updates from the 2022 City Council goals and Department Work Plans • City Council interviews conducted by MIG Consulting
• December 2022 Strategic Planning Workshop with Executive Management Team • January 2023 Community Survey conducted by FM3
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• January 2023 City Council Strategic Planning Workshop • March 2023 Strategic Plan Workshop with City Management Staff • March 22nd City Council Strategic Plan Study Session
DISCUSSION:
The March 22nd Study Session provided an important opportunity for the City Council to review, discuss, and provide direction necessary to finalize the 5 -Year Strategic Plan.
This discussion included reviewing and affirming the City’s existing Mission Statement as well as reviewing organizational Values, Vision, Goals and Objectives based upon the collective input received from the Community Survey and City Council Strategic Planning Workshop.
Development and affirmation of the City’s Mission, Values, and Vision cre ate the foundation and framework of the Strategic Plan since collectively, they articulate our purpose, core beliefs and principles regarding how we serve our community, and our aspirations for the future.
Our Mission
Moving Cathedral City Forward with Commitment, Pride, and Excellence
Creating a safe, inclusive, and progressive community
Providing quality service
Valuing fairness, balance, and trust
Building partnerships
Honoring our similarities and differences
Celebrating our independent spirit
Our Values
Safety
Community Pride
Inclusiveness
Diversity
Community Investment
Culture of Service
Innovation Beyond Technology
Our Vision
Cathedral City is a safe, family -oriented community that values, respects, and supports human differences and diverse pe rspectives. We strive to be a vibrant, progressive, enterprising, and visually attractive community. Our diverse housing options and vibrant businesses attract residents and visitors who choose Cathedral City for its culture, arts, special events, and natural resources.
Goals and Objectives were also developed and shared with City Council which identify key focus areas and strategies to achieve our vision and which support and are aligned with our Mission and Values.
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Goal A - SERVE THE COMMUNITY WITH PRIDE AND DEDICATION Objective: Through diversity, equity, and inclusion driven employee programs and experiences, Cathedral City is the employer of choice with a workforce that is engaged, motivated, and respected public stewards.
Goal B - COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other infrastructure are well planned, designed, constructed, and maintained.
Goal C - FISCAL STABILITY AND SUSTAINABILITY
Objective: Cathedral City has economically prospered by fa cilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.
Goal D - INNOVATION
Objective: Cathedral Ci ty continually focusses on improving service delivery and customer experiences by successfully leveraging technology and creative initiatives to improve public services, public safety, and stimulate economic growth.
Goal E - SAFETY
Objective: Cathedral City is safe for all who live, work, visit, and play in our community.
Goal F - EMBRACING, INCLUSIVE COMMUNITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and af fordable housing options and vibrant businesses. Our neighborhoods are attractive, well-maintained, and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.
A list of actions for ea ch Goal developed by City Council and City staff were also reviewed at the March 22 nd Study Session result ing in modifications to the Strategic Plan Document (attached).
Final Thoughts Moving Forward
The City’s Executive Management Team appreciates the leadership and support provided by the Mayor and City Council which allowed staff to engage in a very inclusive and thoughtful process for development of the City’s 5 -Year Strategic Plan.
Thoughts, opinions, and priorities of the City Council, investing in a community survey to validate community opinions and preferences, and utilizing the professional knowledge and experiences of City staff all added to the relevance and value of the process and product.
City Council approval of the Strategic Plan does not represent the end, it represents the beginning of our strategic planning effort. This will not be a document that sits on the shelve, it will be a living document which will be continuously reviewed and monitored by the City Manager’s Office. As stated during the March 22nd Study Session:
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• The approved Strategic Plan will be included as an appendix to the adopted City Budget
• Department work programs will include action plans, projects, and initiatives to support and achieve Strategic Plan Goals and Objectives • City Council Staff Reports will reference how requested actions align with and support Strategic Plan Goals
• Performance metrics will be developed to track progress towards Strategic Plan Goals
• Strategic Plan progress and accomplishments will be regul arly reviewed at City Manager Department Head meetings
• Mid-year review of Strategic Plan A ctions will be conducted by the City Managers office and reported to City Council
• The Strategic Plan will be reviewed and updated annually to reflect evolving business needs and customer expectations , changing economic conditions, and new City Council priorities
FISCAL IMPACT:
This item is for City Council review, consideration, and approval and there is no fiscal impact. Some of the identified actions in the strate gic plan may have future fiscal impacts which will be identified and addressed as part of current and future budget considerations.
ATTACHMENTS:
StrategicPlan-FINAL
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C i t y o f C a t h e d r a l C i t y
5 y e a r S t r a t e g i c P l a n
A p r i l 2 0 2 3
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan) A s C a t h e d r a l C i t y c o n t i n u e s t o g r o w a n d t h e c o m p l e x i t i e s o f p r o v i d i n g p u b l i c s e r v i c e s t o o u r c o m m u n i t y c o n t i n u e s t o e x p a n d a n d e v o l v e , p r e p a r i n g a n d p o s i t i o n i n g t h e o r g a n i z a t i o n t o a d a p t , c h a n g e , a n d i m p r o v e b e c o m e c r i t i c a l l y i m p o r t a n t t o c o n t i n u e t o c r e a t e p u b l i c v a l u e i n t o t h e f u t u r e . T h e G o v e r n m e n t F i n a n c e O f fi c e r s A s s o c i a t i o n ( G F O A ) r e c o m m e n d s a l l g o v e r n m e n t a l e n t i t i e s c r e a t e s t r a t e g i c p l a n s t o p r o v i d e a l o n g - t e r m p e r s p e c t i v e f o r s e r v i c e d e l i v e r y a n d b u d g e t i n g . S t r a t e g i c P l a n n i n g i s a b o u t a d a p t i n g a n d i n fl u e n c i n g t h e f u t u r e v e r s u s s i m p l y r e a c t i n g t o t h e f u t u r e .
I n N o v e m b e r 2 0 2 2 , C a t h e d r a l C i t y b e g a n a n i n c l u s i v e a n d c o l l a b o r a t i v e p r o c e s s t o s o l i c i t i n p u t f r o m t h e I n N o v e m b e r 2 0 2 2 , C a t h e d r a l C i t y b e g a n a n i n c l u s i v e a n d c o l l a b o r a t i v e p r o c e s s t o s o l i c i t i n p u t f r o m t h e c o m m u n i t y , C i t y C o u n c i l , a n d c i t y s t a f f f o r d e v e l o p m e n t o f t h e C i t y ’ s 5 - Y e a r S t r a t e g i c P l a n . T h e S t r a t e g i c P l a n w i l l b e o u r r o a d m a p t o g u i d e h o w w e s e r v e o u r c o m m u n i t y . I t w i l l i n fl u e n c e o u r p o l i c i e s a n d b u s i n e s s p r a c t i c e s a n d w i l l g u i d e t h e p r i o r i t i z a t i o n o f o u r i n i t i a t i v e s , o u r r e s o u r c e s , d e p a r t m e n t o p e r a t i o n s , a n d p r o j e c t s .
P u r p o s e o f S t r a t e g i c P l a n n i n g
I n t r o d u c t i o n
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan) S t r a t e g i c p l a n n i n g P r o c e s s
T h e C a t h e d r a l C i t y S t r a t e g i c P l a n i s t h e p r o d u c t o f a t h o u g h t f u l a n d i n c l u s i v e p r o c e s s o f e d u c a t i o n a n d s o l i c i t a t i o n o f C i t y C o u n c i l t h o u g h t s a n d p r i o r i t i e s , C i t y s t a f f r e v i e w a n d c o l l a b o r a t i o n , a n d e n g a g i n g r e s i d e n t s t o i d e n t i f y c o m m u n i t y o p i n i o n s a n d p r e f e r e n c e s .
C o l l e c t i n g R e l e v a n t I n f o r m a t i o n A s s e s s i n g t h e c u r r e n t b u s i n e s s c l i m a t e , d e m o g r a p h i c c h a n g e s a n d t r e n d s , n e w a n d / o r e m e r g i n g l e g a l a n d r e g u l a t o r y m a n d a t e s , c h a l l e n g e s a n d o p p o r t u n i t i e s c r e a t e d b y c u r r e n t a n d e m e r g i n g t e c h n o l o g i e s , l e g i s l a t i v e m a n d a t e s , a n d e v o l v i n g c u s t o m e r n e e d s a n d e x p e c t a t i o n s w e r e a l l i m p o r t a n t “ i n p u t s ” i n c o r p o r a t e d i n t o o u r v i s i o n i n g a n d g o a l s e t t i n g e f f o r t s .
C o l l a b o r a t i o n
A s e r i e s o f a c t i v i t i e s w e r e c o n d u c t e d t o e d u c a t e C i t y l e a d e r s h i p a n d s t a f f o n A s e r i e s o f a c t i v i t i e s w e r e c o n d u c t e d t o e d u c a t e C i t y l e a d e r s h i p a n d s t a f f o n t h e p r i m a r y e l e m e n t s o f a s t r a t e g i c p l a n a n d t h e i m p o r t a n c e o f h a v i n g a l o n g e r t e r m p e r s p e c t i v e f o r s e r v i c e d e l i v e r y a n d b u d g e t i n g . C e n t r a l t o t h i s e f f o r t w a s c o n d u c t i n g a n o b j e c t i v e , s c i e n t i fi c a l l y b a s e d c o m m u n i t y s u r v e y i n J a n u a r y 2 0 2 3 t o i n f o r m a n d v a l i d a t e c o m m u n i t y a t t i t u d e s t o w a r d s c i t y s e r v i c e s , p u b l i c i n f r a s t r u c t u r e , a n d r e s i d e n t p r i o r i t i e s , o p i n i o n s , a n d c o n c e r n s .
A s s e s s m e n t
T h e c o l l e c t i v e i n p u t a n d t h e me s w h i c h e me r g e d f r o m t h e C o mmu n i t y S u r v e y a n d w o r k s h o p s c o n d u c t e d w i t h C i t y L e a d e r s h i p , E x e c u t i v e Ma n a g e me n t , a n d c i t y o p e r a t i o n s s t a f f , r e s u l t e d i n r e v i e w a n d a f fi r ma t i o n o f t h e c i t y ’ s e x i s t i n g Mi s s i o n S t a t e me n t a s w e l l a s t h e d e v e l o p me n t o f o u r V a l u e s , V i s i o n , G o a l s , a n d O b j e c t i v e s .
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan) E l e m e n t s o f t h e S t r a t e g i c P l a n T h e C i t y o f C a t h e d r a l C i t y S t r a t e g i c P l a n i n c l u d e s t h e f o l l o w i n g e l e m e n t s :
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C i t y o f C a t h e d r a l C i t y 5 y e a r S t r a t e g i c P l a n | 4
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan) S t r a t e g i c P l a n F r a m e w o r k
O u r M i s s i o n
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C a t h e d r a l C i t y i s a s a f e , f a m i l y - o r i e n t e d c o m m u n i t y t h a t v a l u e s , r e s p e c t s , a n d s u p p o r t s h u m a n d i f f e r e n c e s a n d d i v e r s e p e r s p e c t i v e s . W e s t r i v e t o b e a v i b r a n t , p r o g r e s s i v e , e n t e r p r i s i n g , a n d v i s u a l l y a t t r a c t i v e c o m m u n i t y . O u r d i v e r s e h o u s i n g o p t i o n s a n d v i b r a n t b u s i n e s s e s a t t r a c t r e s i d e n t s a n d v i s i t o r s w h o c h o o s e C a t h e d r a l C i t y f o r i t s c u l t u r e , a r t s , s p e c i a l e v e n t s , a n d n a t u r a l r e s o u r c e s .
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan) T h e P l a n
C a t h e d r a l C i t y ’ s 5 - Y e a r S t r a t e g i c P l a n e x p a n d s b e y o n d p r e v i o u s g o a l s e t t i n g p e r f o r m e d b y t h e C i t y s i n c e , i n a d d i t i o n t o a n n u a l g o a l s , i t a l s o i d e n t i fi e s l o n g e r r a n g e p r i o r i t i e s a n d i n i t i a t i v e s . S i m i l a r t o t h e C i t y ’ s B i e n n i a l b u d g e t p r o c e s s , t h e 5 - Y e a r C a p i t a l I m p r o v e m e n t P r o g r a m , a n d P a r k s I m p r o v e m e n t P r o j e c t P l a n , t h e S t r a t e g i c P l a n w i l l n o t b e a s t a t i c d o c u m e n t . I t w i l l b e r e v i e w e d , u p d a t e d , a n d r e v i s e d a n n u a l l y t o r e fl e c t C i t y C o u n c i l p r i o r i t i e s , b u s i n e s s i m p e r a t i v e s , e v o l v i n g t e c h n o l o g y , a n d e m e r g i n g l e g a l a n d r e g u l a t o r y m a n d a t e s .
T h e C i t y ’ s M i s s i o n , V a l u e s , a n d V i s i o n c r e a t e t h e f o u n d a t i o n a n d f r a m e w o r k f o r t h e S t r a t e g i c P l a n s i n c e T h e C i t y ’ s M i s s i o n , V a l u e s , a n d V i s i o n c r e a t e t h e f o u n d a t i o n a n d f r a m e w o r k f o r t h e S t r a t e g i c P l a n s i n c e c o l l e c t i v e l y , t h e y a r t i c u l a t e o u r p u r p o s e , c o r e b e l i e f s a n d p r i n c i p l e s g u i d i n g h o w w e s e r v e o u r c o m m u n i t y , a n d o u r a s p i r a t i o n s f o r t h e f u t u r e . T h e y a l s o d r i v e t h e S t r a t e g i c P l a n M a t r i x o f G o a l s , O b j e c t i v e s , a n d A c t i o n s w h i c h i n f o r m d e p a r t m e n t w o r k p r o g r a m s a n d p r i o r i t i e s . E l e m e n t s o f t h e S t r a t e g i c P l a n M a t r i x i n c l u d e :
C i t y o f C a t h e d r a l C i t y 5 y e a r S t r a t e g i c P l a n | 6 L e a d D e p a r t m e n t s
T h e C i t y M a n a g e m e n t T e a m i s r e s p o n s i b l e f o r e x e c u t i n g a n d c o o r d i n a t i n g i m p l e m e n t a t i o n a n d r e p o r t i n g o f A c t i o n s . K e y s u p p o r t p a r t n e r s f o r A c t i o n s a r e a l s o i d e n t i fi e d w h e r e a p p r o p r i a t e .
T i m e l i n e
T a r g e t c o m p l e t i o n t i m e s f o r e a c h A c t i o n . P l a n t i m e f r a m e s a r e i d e n t i fi e d a s s h o r t t e r m ( 0 – 1 y e a r s ) , m e d i u m t e r m ( 1 – 2 y e a r s ) , a n d l o n g e r t e r m ( 2 – 5 y e a r s ) .
A c t i o n
S e t o f a c t i v i t i e s C a t h e d r a l C i t y w i l l i m p l e m e n t t o a c h i e v e o u r G o a l s a n d O b j e c t i v e s O b j e c t i v e s
A s p i r a t i o n a l s t a t e m e n t s w h i c h g u i d e s a n d i n f o r m s w h a t n e e d s t o b e a c h i e v e d G o a l s
B r o a d l y i d e n t i fi e s k e y f o c u s a r e a s t o a c h i e v e t h e c i t y ’ s M i s s i o n a n d V i s i o n
6.A.a
Packet Pg. 98
Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan) I m p l e m e n t a t i o n
A l t h o u g h a c o n t i n u o u s p r o c e s s , s t r a t e g i c p l a n n i n g m u s t b e t r e a t e d a n d m a n a g e d a s a p r o j e c t . C i t y C o u n c i l a p p r o v a l d o e s n o t r e p r e s e n t t h e e n d , i t r e p r e s e n t s t h e b e g i n n i n g o f t h e s t r a t e g i c p l a n n i n g e f f o r t . T h e C a t h e d r a l C i t y 5 - Y e a r S t r a t e g i c P l a n w i l l b e a l i v i n g d o c u m e n t w h i c h w i l l b e c o n t i n u o u s l y r e v i e w e d a n d m o n i t o r e d b y t h e C i t y M a n a g e r ’ s O f fi c e .
T h e s t r a t e g i c p l a n w i l l b e c o m e p a r t o f t h e c i t y ’ s b u d g e t d o c u m e n t . D e p a r t m e n t w o r k p r o g r a m s w i l l T h e s t r a t e g i c p l a n w i l l b e c o m e p a r t o f t h e c i t y ’ s b u d g e t d o c u m e n t . D e p a r t m e n t w o r k p r o g r a m s w i l l i n c l u d e a c t i o n p l a n s , p r o j e c t s , a n d i n i t i a t i v e s t o s u p p o r t a n d a c h i e v e S t r a t e g i c P l a n G o a l s a n d O b j e c t i v e s . B r o a d p e r f o r m a n c e m e t r i c s w i l l a l s o b e i d e n t i fi e d t o t r a c k p r o g r e s s a n d u s e a s a m e a s u r e m e n t t o d e t e r m i n e i f d e s i r e d o u t c o m e s f o r t h e c o m m u n i t y a r e b e i n g a c h i e v e d .
S t r a t e g i c P l a n p r o g r e s s a n d a c c o m p l i s h m e n t s w i l l b e r e g u l a r l y r e v i e w e d a n d r e p o r t e d t o t h e C i t y C o u n c i l . T h e p l a n w i l l a l s o b e r e v i e w e d a n d u p d a t e d a n n u a l l y t o r e fl e c t e v o l v i n g b u s i n e s s n e e d s a n d c u s t o m e r e x p e c t a t i o n s , c h a n g i n g e c o n o m i c c o n d i t i o n s , a n d C i t y C o u n c i l p r i o r i t i e s .
I mp l e me n t a t i o n o f t h e S t r a t e g i c P l a n i s a s h a r e d r e s p o n s i b i l i t y f o r a l l o f u s .
C i t y o f C a t h e d r a l C i t y 5 y e a r S t r a t e g i c P l a n | 7
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan) S t r a t e g i c P l a n
G o a l s , O b j e c t i v e s ,
& A c t i o n s
C i t y o f C a t h e d r a l C i t y 5 y e a r S t r a t e g i c P l a n | 8
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
GOAL A: SERVE THE COMMUNITY WITH PRIDE AND DEDICATION
Objective: Through diversity, equity and inclusion driven employee programs and employee experiences, Cathedral City is the employer of choice with a workforce that is engaged, motivated and respected public stewards.
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action A-1
Study the need to reallocate staff resources including
the use of contracts
X CMO All Departments
Action A-2 Review Comparison data on Council salaries and the process to update if warranted X CMO
Action A-3
Consider a Fire Cadet program to introduce youth to the potential for careers in fire and emergency service X Fire/HR
Action A-4
Develop a professional development program to enhance
career development opportunities, strengthen organizational capabilities, and increase organizational capacity
X HR/CMO All Departments
Action A-5
Implement professional and career development initiatives and programs which strengthen organizational capabilities and increase organizational capacity
X HR/CMO All Departments
Action A-6
Identify initiatives and establish programs which recognize and appreciate employee for performance, innovation, and efficiencies
X CMO/HR All Departments
Action A-7 Develop staff team building activities to encourage cohesion and foster a spirit of collaboration X HR All Departments Action A-8 Establish workers compensation criteria and guidelines to utilize staff with light duty limitations X HR All Departments
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action A-9
Initiate a Class and Compensation Study to benchmark and proactively identify compensation issues which impact
employee retention and employee attraction
X HR
Action A-10
Implement the Strategic Plan by ensuring department work programs include initiatives which achieve Strategic Plan Actions and regularly review progress and accomplishments at City Manager Department Head Meetings
X X X CMO All Departments
Action A - 11
Include Community Satisfaction Survey in future budget to monitor community support and satisfaction of Strategic Plan outcomes and to objectively gather community opinions,
preferences, and satisfaction of city services
X CMO
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
GOAL B: COMMUNITY INVESTMENT
Objective: Cathedral City roads, gateways, public spaces, and other city infrastructure are well planned, designed, constructed, and maintained.
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action B-1
Develop an Electric Vehicle transition plan to comply
with upcoming state mandate and include consideration
of providing publicly accessible charging stations
X PW/Engin Finance
Action B-2
Develop an entryway, medians, and lighting master plan
to provide appealing gateways to the City
X PW/Engin Econ Dev
Dev Services
Action B -3 Develop a wilderness trail plan
X PW/Engin
Dev Services
Action B-4
Implement the Wilderness Trail Plan by identifying
designated access points including providing necessary
signage and public improvements
X PW/Engin
Action B -5 Complete a dog park in the southern part of the city X X PW/Engin
Action B-6
Improve and expand Chuperosa Lane to become a point
of pride in Cathedral City
X X X Econ Dev PW/Engin
Dev Services
Action B -7
Maximize the use of existing resources to include
underutilized parks and the library to support goals with the budget we have
X CMO PW/Engin
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action B-8
Communicate with residents to move parked vehicles on
street sweeping day
X Communication PW/Engin
Action B -9
Improve pedestrian access to parks through the use of
crosswalks and sidewalk improvements
X PW/Engin
Action B-10 Implement items identified in Action B-9 to improve access to City parks X PW/Engin
Action B - 11
Improve wayfinding signage to direct visitors to
destinations in the community
X Communications
PW/Engin
Dev Services
Econ Dev
Action B-12
Develop a traffic calming plan with strategies for
addressing location specific speeding issues
X PW/Engin
PD
Fire
Transit Agency
Action B -13
Develop a plan to address the need for funding for parks and recreation services through the DRD; and other
resident priorities including streets, and work toward a potential funding measure in 2024
X CMO
Finance PW/Engin
Action B-14
By the end of 2023 complete the design phase and begin
construction on the Dream Homes Park
X PW/Engin
Action B -15 Identify additional funding as needed and construct the Dream Homes Parks improvements X PW/Engin
Action B-16 Explore providing a General Fund Capital Projects Fund as part of development of the next Biennial Budget X Finance PW/Engin Facilities
Action B- 17 Develop and adopt a Facilities Master Plan X Facilities PW/Engin Finance
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action B-18
Develop a 5-Year pavement maintenance strategy and
funding plan to achieve a citywide Pavement Quality Index that ranks in the Top 3 of Coachella Valley cities
X PW/Engin Finance
Action B -19 Develop Fleet Management policies to establish vehicle replacements and utilization standards X PW/Engin PD
Fire
Finance
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
GOAL C: FISCAL STABILITY AND SUSTAINABILITY
Objective: Cathedral City has economically prospered by facilitating the investment of private dollars in high quality development which benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent financial practices.
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action C-1
Implement improvements to purchasing practices and
procedures to align with procurement code
requirements
X Finance
Action C-2 Increase Council District Improvement Funds
X CMO Finance
Action C- 3
Consider acquisition of an underutilized site on
Cathedral Canyon and work to activate the site
X Econ Dev Finance
Dev Services
Action C-4
Allocate resources necessary to achieve the Council’s
Goals and Vision
X X X CMO All Departments
Action C- 5
Develop an inventory of vacant and underutilized
properties
X Econ Dev Dev Services
GIS
Action C-6
Complete and improve the utilization of EnerGov
software to automate, improve, and streamline building
plan review, permitting, and inspection processes
X Dev Serv
IT Finance
Action C-7 Evaluate data and work with CVEP to identify holes in the local economy and develop plans to address X Econ Dev
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action C-8
Strengthen the Economic Development Team and
remove optional tasks such as commission staffing to
focus on core/essential duties
X CMO
Econ Dev
Action C- 9 Complete and adopt the Development Impact Fee Study X Econ Dev All Departments
Action C-10 Update the Thousand Palms Fiscal Analysis X Dev Services All Departments
Action C-11
Create a Development Resource Guide to educate and inform project applicants of Cathedral City requirements and
processes
X Econ Dev
Dev Services
PW/Engin
Fire
Action C-12
Implement a private development entitlement and plan
review system which is predictable, streamlines internal intake and review processes, and creates applicant
experiences which are facilitative vs regulatory
X
Dev Services
PW/Engin
Fire
Econ Dev
Action C- 13
Implement necessary hardware/software and provide
necessary training to fully transition to electronic plan submission and review including the ability to review and issue over the counter permits
X Dev Services
IT
Finance
PW/Engin
Action C-14 Implement necessary equipment and implement necessary policies to allow online payment of permits, licenses, etc. X Finance IT
Dev Services
PW/Engin
Action C-15
Develop Economic Development Strategic Plan which
addresses economic development opportunities, business
attraction, retention, and expansion including the attraction and support of trade sector training and employment. Key focus of this plan will include a viable strategy to develop areas north of I-10 including the North Area Specific Plan, Extended North Area Specific Plan, and potential Thousand Palms annexation
X X Econ Dev
Dev Services
CVEP
Greater Coachella
Valley Chamber
of Commerce
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action C-16
Procure additional professional service contracts to increase staff capacity related to private development plan review, building plan review and inspections, capital project delivery, and land use planning to ensure required city services are performed based upon applicant need vs staff availability X PW/Engin
Dev Services
Action C- 17
Establish a Risk Management Program focused on claims
reduction and minimizing litigation exposure by informing, engaging, training, and educating operations staff
X Finance All Departments
Action C-18
Continually review and streamline internal financial policies, procedures, and practices to remove unnecessary controls without sacrificing accountability and transparency
X X X Finance CMO
City Attorney
Action C- 19 Initiate a Small Business Roundtable or industry specific taskforces to identify needs and support strategies X Econ Dev X X
6.A.a
Packet Pg. 108
Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
GOAL D: INNOVATION
Objective: Cathedral City continually focusses on improving service delivery and customer experiences by successfully leveraging technology and creative initiatives to improve public services, public safety, and stimulate economic growth.
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action D-1
Develop and adopt an Information Technology Master
Plan including consideration of providing public WiFi
access in parks
X IT All Departments
Action D-2
Provide an on-line calendar to display Amphitheater
bookings
X CMO IT
Action D -3
Complete and improve the installation of the Tyler
EnerGov software to automate, improve and streamline
the plan review, permitting and inspection processes
X
Finance
Dev Services
PW/Engin
IT
Action D-4
Work with operations staff to identify, implement and
support the implementation of technology solutions to
bolster IT security and improve operational, analytical, and management functions
X X X IT All Departments
Action D -5 Improve workforce mobility and efficiency by utilizing and supporting advanced mobile devices X X X IT All Departments Action D-6
Leverage technology to increase and improve online services, improve access to public information, and improve city
capabilities to monitor, automate, and manage operational data remotely
X X X IT All Departments
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action D-7
Leverage the SiFi broadband digital network to create
economic development incentives and opportunities and
improve the accessibility and affordability of reliable high speed internet services
X
IT
CMO
PW/Engin
Facilities
Econ Dev
Action D-8
Establish innovative community-based Fire Prevention
programs regarding Drowning, Smoke Alarm Installation,
Paramedic Services, Fall Prevention, and CPR
X Fire Communications
Action D -9
Identify and implement a Document Imaging Program to
convert paper documents into digital files to reduce storage requirements and costs, increase efficiency, enhance security, and improve future access to information
X X X IT
City Clerk All Departments
6.A.a
Packet Pg. 110
Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
GOAL E: SAFETY
Objective: Cathedral City is safe for all who live, work, visit, and play in our community.
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action E-1
Fill the authorized Ambulance Operator position and
complete the transition to the ambulance operator
program and provision of the third ambulance
X Fire HR
Action E-2 Develop a firearm discharge ordinance
X PD City Attorney
Action E -3
Expand the use of cameras and other technology to
promote public safety
X PD
IT
PW/Engin
Facilities
Action E-4
Increase Police, Fire, and Code Compliance engagement
with the community
X PD
Fire
Communications
Dev Services
Action E -5
Police department develops pro-active methods to
reach out to youth and families
X PD Communications
Action E-6
Improve Police presence and interaction at community
events
X PD
Action E-7
Strengthen the City’s ability to prepare for, respond to, and recover from disasters by reviewing and updating the City’s Emergency Operations Plans through annual training sessions and tabletop exercises.
X X Fire
PD
CMO
IT
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action E-8
Build community resiliency through implementation of
community training programs, CERT training, and other
educational outreach
X X Fire
PD
CMO
Action E -9 Develop a FD Injury Prevention and Wellness Program X X Fire HR Finance
Action E-10
Implement community engagement and public education
initiatives to increase awareness regarding public safety programs, services, and results of proactive community
policing efforts
X Communications PD
Fire
Action E -11
Identify improvements and pursue grant funding to improve safety and connectivity of non-motorized routes throughout the City
X PW/Engin
Action E-12 Implement new program to improve community access to crime stats X PD
Action E -13 Develop Standard Operating Procedures regarding how Public Works responds to Localized Flooding and Blow Sand events X PW/Engin Action E-14
Develop a program to ensure City owned cameras at public spaces are maintained and tested regularly to ensure they are working properly
X Facilities IT
PW/Engin
Action E- 15 Establish regular inspections of park equipment and playing fields to ensure they are well maintained and functional X Facilities PW/Engin
Action E-16 Formalize protocols for emergency response call outs X PW/Engin All Departments
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
GOAL F: EMBRACING, INCLUSIVE CITY
Objective: Cathedral City is valued and respected as a community that welcomes and embraces diversity, has an abundance of high quality and affordable housing options, and vibrant businesses. Our neighborhoods are attractive and well-maintained and issues surrounding homelessness have been compassionately addressed with thoughtful, coordinated, and collaborative programs.
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Action F-1
Complete the comprehensive update of the
Cathedral City Municipal Code with initial
emphasis on Chapter 9 (zoning) and Chapter 5
(business regulations)
X X Dev Services
Action F-2
Address parking and paving provisions in the code
for residences
X Dev Services PW/Engin
Action F -3 Prohibit Parking in front of mailboxes
X Dev Services
Action F-4
Educate residents regarding sidewalk horizontal
clearance standards to ensure private mailboxes
do not violate ADA accessibility requirements
X Engin/PW
Dev Services
Action F -5
Help define who Cathedral City is for our families
and others
X CMO
Action F-6
Promote additional community events and
celebrations
X CMO
Communications
Action F-7 Develop a marketing plan to promote and raise awareness of available city venues such as the X Communications CMO
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
Community Amphitheater. The marketing
strategy will include promoting the City’s interest
in attracting and facilitating high quality events
and celebrations which adds to the City’s culture,
support of the arts, and creation of a positive
community identity.
Action F-8
Develop and implement a plan to improve and
diversify methods to communicate with residents
X Communications
Action F -9
Work with Riverside County to locate the potential
RUHS community health center in Cathedral City
X Econ Dev
Action F-10
Develop a public awareness campaign to inform
the community of the City’s efforts and
expenditures on homelessness and how residents
can participate in solutions
X Communications
PD
Fire
PW/Engin
Action F-11 Review land use regulations to support diverse, accessible, and affordable housing X Dev Services Econ Dev Action F-12
Continue to facilitate the attraction and promotion of
community events which celebrate our diversity, builds
a cohesive community, and supports local business
X CMO Econ Dev
Action F -13
Develop an outreach strategy to determine if services
are addressing the needs of our diverse community
including families, retirees, and Spanish speaking
population
X CMO All Departments
Action F-14 Establish a multi-disciplinary City Team to increase effectiveness and improve coordination of city X CMO All Departments
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Actions
Timeline
Lead/Co-Lead Support Partners Short
0-1 Yrs
Medium
1-2 Yrs.
Long
2-5 Yrs.
responses to address the needs and impacts of the
homeless population
Mental Health
Professionals
Action F-15
Initiate regional discussions to explore the interests
and feasibility of forming a West Valley Homeless Task
Force
X CMO
PD
Fire
Mental Health
Professionals
Regional Partners
Action F-16 Implement a code compliance program that proactively identifies and responds to code compliance complaints X Dev Services All Departments Action F-17
Develop initiatives to proactively monitor the City’s
commercial corridors to address visual blight and
nuisance issues associated with vacant and
underutilized properties and non-compliant
commercial strips and centers
X Dev Services PW/Engin
Action F-18
Implement initiatives identified in Action F-17 to
formalize deployment of staff to reduce visual blight
and nuisance issues along the City’s commercial
corridors
X Dev Services PW/Engin
Action F-19
Develop standard plans, streamlined processes and
educational materials that promotes ADU’s to increase
housing production
X Dev Services Econ Dev
Communications
6.A.a
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Attachment: StrategicPlan-FINAL (3690 : 5-Year Strategic Plan)
Cathedral City Page 1 of 3 Printed on 4/6/2023
Staff Report
City Council
Item No. 6.B
Meeting Date: April 12, 2023
From: John Corella, Director of Engineering/Public Works Title: Community Development Block Grant (CDBG) FY 2023 -2024 Annual Action Plan (AAP) Introduction
City Council
RECOMMENDATION:
To introduce the City’s Community Development Block Grant (CDBG) FY 2023-24 Annual Action Plan (AAP) for the City Council’s review, discussion, and direction.
BACKGROUND:
The Community Development Block Grant (CDBG) program, funding awarded fr om U.S. Department of Housing and Urban Development (HUD), allows Cathedral City to carry out a wide range of community development activities directed toward revitalizing neighborhoods, economic development, and improving community facilities and services, principally for low-to-moderate (low-mod) income individuals.
As an entitlement city, Cathedral City receives annual entitlement funds to address the priority needs of the community which are outlined in the 5 -Year Consolidated Plan (Con Plan). Within the Con Plan is the Annual Action Plan (AAP), identifying how CDBG funds will be allocated for the upcoming fiscal year as part of the Con Plan objectives.
At the City Council Meeting on June 22, 2022, the City Council approved the FY 2022 - 2027 Con Plan, which included broad priority needs and subcategory needs. The City Council wanted to select versatile priority needs such that, should an unforeseen priority need arise during the lifespan of the Con Plan, the need could still be addressed with CDBG funds. At this same meeting, the City Council approved the FY 2022 -2023 AAP, which included Administration, Public Services, and Public Improvements.
On February 27, 2023, HUD informed the City the FY 2023 -2024 CDBG allocation is $569,557, a reduction of $46, 062 from the City’s FY 2022 -2023 CDBG allocation. The next steps include a City Staff presentation of the proposed CDBG FY 2023 -2024 AAP and the proposed schedule, including notices and public hearings, to comply with HUD requirements and approve the AAP.
DISCUSSION:
6.B
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Cathedral City Page 2 of 3 Printed on 4/6/2023
At this City Council meeting, City Staff will be introducing the FY 2023 -2024 AAP for review. The presentation on the AAP will include discussion on allocations for Program Administration and Public Improvements. The FY 2023 -2024 CDBG allocat ion amount is $569,557.
Cathedral City CDBG Program FY 2023-24
Typically, the AAP includes allocations for Program Administration, Public Services and Public Improvements. Due to limited CDBG funding available, City Staff is proposing for the FY 2023 -2024 and FY 2024 -2025 General Fund to fund at minimum $85,434 for Public Services per fiscal year. This will provide CDBG funds for Program Administration and additional funding for Public Improvements. The proposed FY 2023 - 2024 allocations are as follows:
ADMINISTRATIVE (≤20%) FUNDING
Total Funding Allocated $ 113,911
PUBLIC SERVICES (≤15%) FUNDING
Total Funding Allocated $ -
PUBLIC IMPROVEMENTS (>80%) FUNDING
Via De Anza Street Improvements Project, Phase III $ 445,646 Sidewalk Repair Assistance Program $ 10,000
Total Funding Allocated $ 455,646
TOTAL FUNDING $ 569,557
Public Improvements: The portion of the CDBG allocation that can be used for Public Improvements is not capped and in the above scenario is shown as $455,646. As in the past years, this funding would be used to fund a Public Improvement Project within a low-mod area designated by HUD, and the Sidewalk Repair Assistance Program.
The FY 2021-2022 Program designated the Via De Anza Street Improvements Project, Phase I, to be completed utilizing the $436,357 Public Improvements entitlement. The FY 2022-2023 AAP Public Improvements entitlements allocated $387,119 to the Via De Anza Street Imp rovements Project - Phase II, and allocated $15,000 to establish and
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initiate a Sidewalk Repair Assistance Program.
For the FY 2023 -2024 AAP, Staff is proposing Public Improvement entitlements to use $445,646 for Via De Anza Street Improvements Project P hase III, and $10,000 to continue providing the Sidewalk Repair Assistance Program.
Please note a reduction in the amount of $5,000 is proposed for the Sidewalk Repair Assistance Program for the FY 2023 -2024. This reduction is based on the minimal responses to this program offered to residents of Low -Mod Income Areas of the City as designated by HUD.
Schedule: The following schedule for study, review and approval of the FY 2023 -2024 AAP is proposed to maintain compliance with HUD:
• April 12, 2023, City Council Meeting:
o Introduction of the FY 2023 -2024 AAP including Program Administration and Public Improvements.
• April 14, 2023:
o Posting of the 14-day notice for public comments on the AAP. • April 28, 2023:
o End posting of the 14-day notice for public comments on the AAP. • May 10, 2023, City Council Meeting:
o Public Hearing for the approval of the AAP.
In summary, at tonight’s City Council Meeting, Staff is requesting the City Council review, discuss and provide direction to Staff to proceed with the proposed FY 2022- 2023 Annual Action Plan (AAP).
FISCAL IMPACT:
At this time, this item has no fiscal impact. Please note, if any funds remain from the FY 2022-2023 AAP, these can be reprogrammed into the FY 2023 -2024 AAP at a later date via an Administrative or Substantial Amendment.
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Staff Report
City Council
Item No. 6.C
Meeting Date: April 12, 2023
From: Kevin Biersack, Deputy Finance Director
Title: National Opioid Settlement Update
City Council
RECOMMENDATION:
Council continue to opt-in to the National Opioid Settlement for the six new claims.
BACKGROUND:
Since 2018, numerous states, counties and cities have been engaged in a lawsuit (National Prescription Opiate Litigation, U.S.D.C. Case No. 1:17-CV-2804) against three opioid distributors - AmerisourceBergen, Cardina l Health, and McKesson; and one of the manufacturers, Janssen Pharmaceuticals, Inc and its parent company, Johnson and Johnson (J&J).
After years of Court -supervised negotiations, the parties reached a resolution to the case. The settlements require the distributors to pay up to $21 billion and J&J to pay up to $5 billion. Roughly $2.6 billion of these settlements are expected to be directed to California and its subdivisions . With settlements reached in July 2021, each participating state had to then reac h an intrastate allocation agreement to determine how to apportion and distribute the settlement funds among their entities (agencies).
These agreements were finalized by October 2021, and were contingent upon jurisdictions executing settlement agreements by January 2, 2022 – of which more than 95% of the jurisdictions did execute these agreements . In December 2021, t he City of Cathedral City approved a resolution to opt -in to the National Opioid Settlement agreement. The City of Cathedral City may receive up to $1,065,338 over the next 18 years with funds paid by the distributors over the next 18 years and settlement funds paid by J&J over a seven- to nine-year period.
DISCUSSION:
There are five additional nationwide settlements with:
• Opioid Manufacturer Teva,
• Former Opioid Manufacturer Allergan,
• Walmart
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• Walgreens, and
• CVS to Address Opioid Crisis
California stands to receive up to $1.8 billion in funding from these settlements.
In addition, there is a Mallinckrodt bankruptcy, an opioid manufacturer an d distributor that filed for bankruptcy protection in October 2020 with court payments to public and private claimants confirmed in June 2022.
Under these settlement agreements, the proceeds received must be spent on activities to abate the impacts of the opioid crisis, such as:
• Providing matching funds for operating costs for substance use disorder (SUD) facilities;
• Creating new or expanded SUD treatment infrastructure; • Addressing needs of communities of color and vulnerable populations disproportionately impacted by SUD;
• Preventing addiction in vulnerable youth; and, among other things; • Dispensing Narcan
FISCAL IMPACT:
By joining these claims, the City may receive even more funds than originally planned .
In FY 2022/2023, the City started receiving inc remental funding and has received $125,874 to date. These funds are being held in reserve and are separate from the General Fund.
ATTACHMENTS:
CC RESO 2023-XX
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RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY , AUTHORIZING ENTRY INTO
SETTLEMENT AGREEMENTS WITH TEVA, ALLERGEN, WALMART, WALGREENS, CVS, AND MALLINCKRODT,
TO AGREE TO THE TERMS OF THE MOU ALLOCATING SETTLEMENT PROCEEDS, AND TO AUTHORIZE
ENTRY INTO THE MOU WITH THE ATTORNEY GENERAL
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death. The State of California and California local governments spend billions of dollars each year to address the direct consequences of this crisis; and
WHEREAS, since 2017, state and local governments in California and around the United States have been pursuing litigation against certain manufacturers, distributors, and retailers of opioid pharmaceuticals (the "Opioid Defendants") in an effort to hold the Opioid Defendants financially responsible for the impact of the Opioid Epidemic on the City of Rialto ("the City ") and resources necessary to combat the opioid epidemic; and
WHEREAS, negotiations to settle claims against several of the Opioid Defendants, specifically AmerisourceBergen Corporation, Cardinal Health, Inc. , McKesson Corporation and Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (the "Settling Defendants") have been ongoing for several years; and
WHEREAS, negotiations with the Settling Defendants have resulted in proposed nationwide settlements of state and local government claims to settle the Litigation; and WHEREAS, copies of the proposed terms of those proposed nationwide settlements have been set forth in the Distributors Master Settlement Agreement and the J&J Master Settlement Agreement (collectively "Settlement Agreements"); and
WHEREAS, copies of the Settlement Agreements as well as a summary of the main terms of the Settlement Agreements, the deadlines for submitting the Participation Agreements to the Settlement Agreements, and the MDL Court's Order setting deadlines f or any Plaintiff who declines to enter into the Settlement Agreements, have been previously been made available to or summarized for the Council; and WHEREAS, the Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Settlement Agreements ("California Opioid Funds"); and
WHEREAS, California local governments as we ll as the attorneys representing those local governments have engaged in extensive discussions with the State Attorney General's Office ("AGO") as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds- Distributor Settlement and the Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Janssen
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Attachment: CC RESO 2023-XX (3716 : National Opioid Settlement Update) Settlement (collectively the "Allocation Agreements"), which are agreements between all of the entities identified in the Allocation Agreements; and
WHEREAS, the Allocation Agreements propose to allocate the California Opioid Funds 15% to a State Fund; 70% to local governments in an Abatement Accoun ts Fund; and 15% to litigating local governments in a Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlements will be combined pursuant to Allocation Agreements, and 15% of that total shall be allocated to the S tate of California (the "State of California Allocation"), 70% to the California Abatement Accounts Fund ("CA Abatement Accounts Fund Allocation"), and 15% to the California Subdivision Fund ("CA Subdivision Fund Allocation"); and
WHEREAS, the funds in th e CA Abatement Accounts Fund (the California Abatement Accounts Fund Allocation) will be allocated based on an allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804). The p ercentage from the CA Abatement Accounts Fund allocated to each eligible local government (any county or city above 10,000 in population) "Eligible Local Government") is set forth in each Allocation Agreement. The City's share of the CA Abatement Accounts Fund is a product of the total in the CA Abatement Accounts Fund multiplied by the City's percentage set forth in each Allocation Agreement (the "Local Allocation"); and WHEREAS, any city that is an Eligible Local Government will be allocated its Local Al location share only when it becomes a Participating Subdivision by signing the Participation Agreements to the Settlements.
The Local Allocation share for a city that is a Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date as defined in the Settlement Agreements; and WHEREAS, City intends to take a direct distribution of its Local Allocation amount, and acknowledges that both the Settlement Agreements and the Allocation Agreements place certain limitations on the time period for expenditures, use of CA Abatement Accounts Funds and provide for accounting procedures and oversight of the expenditures of the California Abatement Accounts Funds; and WHEREAS, the City elects to take its direct distribution of its Local Allocation amount as set forth and to comply with the requirements of the Allocation Agreements; and WHEREAS, the City, by this Resolution, shall establish an account for the receipt of the Local Allocation Funds consistent with the terms of the Settlement Agreements, the Allocation Agreements and this Resolution ("the Opioid Abatement Account"); and
WHEREAS, the City's Opioid Abatement Account shall be separate from the City's general fund, shall not be commingled with any other City funds, and shall be dedicated to funding opioid abatement measures as provided in the Settlement Agreements and the Allocation Agreements.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cathedral City as follows:
1. The above recitals are true and correct and material to this Resolution.
2. In making its findings, the City Council relied upon and hereby incorporates by reference all correspondence, staff reports, and other related materials.
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Attachment: CC RESO 2023-XX (3716 : National Opioid Settlement Update)
3. The City Council hereby approves and authorizes the City Manager to settle and release the City's claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements, Allocation Agreements including taking the following measures:
a. The execution of the Participation Agreement to the Distributors Settlement Agreement and any and all documents ancillary thereto.
b. The execution of the Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Distributor Settlement by executing the signature pages to that Allocation Agreement.
c. Notify the Settlement Fund Administrator that the City requests a direct payment under the Allocation Agreements at least 60 days prior to the Payment Date in the Sett lement Agreements.
Passed and adopted at a meeting of the City Council of the City of Cathedral City, held on the 12th day of April, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________
Rita Lamb, Mayor
ATTEST:
_________________________
Tracey Hermosillo, City Clerk
APPROVED AS TO FORM:
_________________________
Eric S. Vail, City Attorney
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Staff Report
City Council
Item No. 6.D
Meeting Date: April 12, 2023
From: Kevin Biersack, Deputy Finance Director
Title: California Public Employees Retirement System (CalPERS) Annual Lump Sum Payment
City Council
RECOMMENDATION:
Authorize $2,898,000 for a lump sum payment to CalPERS
BACKGROUND:
Over the past six (6) fiscal years (FY), the California Public Entity Retirement System (CalPERS) board has approved reductions in investment rates of return from 7.5% to
6.8% on deposits of funds in vested. As a result, this rate reduction increased the City’s estimated annual contribution to CalPERS. Over these years, w e saw a significant impact/increase on the Unfunded Actuarial Liability (UAL) for each of our eight (8) retirement plans. To mitigate this impact, the City issued a Pension Obligation Bond (POB) on April 13, 2022 in the amount of $26,750,000 with a 4.5% maximum rate of interest to payoff the calculated liability as of FY ending 2019/2020, June 30, 2020.
DISCUSSION:
The City of Cathedr al City ’s eight (8) separate retirement plans with CalPERS are comprised of three (3) primary plans commonly referred to as Tier 1 (Classic) plans for Fire, Miscellaneous and Police; two Tier 2 (Interim) plans (2012) for Fire and Miscellaneous; and three ( 3) Public Employee Pension Reform Act (PEPRA) plans (2013 and forward) for Fire, Miscellaneous and Police.
Tier 1 (Classic) Plans – Pension Obligation Bond: For the fiscal year ended June 30, 2022, the CalPERS investment rate was -6.1%. With the planned investment rate of return at 6.8%, the net loss was an aggregate -12.9%. For the $26,750,000 POB debt UAL, there would have been a $3,450,750 investment loss on the original CalPERS UAL. With having issued the Pension Obligation Bond with a 4.5% maximum in terest rate, the investment cost was $1,203,750, resulting in a net difference of $2,247,000 in savings between the two scenarios. Staff recommends making a lump sum payment to CalPERS of $749,000 for each of the three Classic plans for Fire, Miscellaneous and Police for the combined total of $2,247,000 . This payment will help minimize the
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resulting UAL from the investment market’s volatility over the past year. Of the 204 active employees, 79 (39%) of those are in one of these plans. In addition, the City has 140 retirees for a total of 219 Tier 1 PERS members.
Tier 2 and Tier 3 Plans: For the remaining five (newer) plans (the two Interim plans and the three PEPRA plans ), these were not included in the POB debt . With the -12.9% combined investment loss discussed above, the UAL for the years ended June 30, 2021 and June 30, 2022 totals $651,000 comprised of:
• Fire Tier 2: $ 20,000
• Miscellaneous Tier 2: $ 67,000
• Fire PEPRA: $110,000
• Miscellaneous PEPRA: $295,000
• Police PEPRA: $159,000
Staff recommen ds making these five payments to ensure these plans remain fully funded to ensure there is not debt. Of the 204 active employees, 125 (61%) of those are in one of these five plans. It is worth noting, as new Cathedral City staff are hired , they are entered in one of these plans, not into the three Classic plans discussed above.
July 1, 2020 and Forward : With the Pension Obligation Bond covering the PERS UAL through June 30, 2020, the City incurred new PERS UAL from July 1, 2020 – June 30, 2021, estimated to be $6,000,000+ for the 219 Classic members identified above . With the subsequent investment losses below the 6.8 planned investment rate of return (IRR), i.e., the -6.1% FY 2021/2022 IRR for a total -12.9% loss and the upcoming potential for an FY 2022/2 023 IRR being less than the targeted 6.8%, the City will incur additional UAL. It will be important to plan for making additional UAL payments in the upcoming years. As a result, we have included $2,355,000 in the proposed F Y 2023/2024 budget and $2,535,000 in the proposed FY 2024/2025 budget workbook.
FISCAL IMPACT:
From the Insurance Fund (612), recommend making a $2,898,000 payment to CalPERS by April 30, 2023. This payment is comprised of:
• $2,247,000 toward the three Tier 1 Fire, Miscellaneous and Police plans, and
• $ 651,000 for the two Interim Fire and Miscellaneous plans and the three PEPRA Fire, Miscellaneous and Police plans.
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