CITY COUNCIL
AGENDA
Study Session
Wednesday, January 10, 2024
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
MAYOR
Mark Carnevale
CITY COUNCIL MEMBERS
Mayor Pro Tem
Nancy Ross
Councilmember
Raymond Gregory
Councilmember
Ernesto Gutierrez
Councilmember
Rita Lamb
• CALL TO ORDER
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any items being pulled from the agenda or continued to another date.
1. CLOSED SESSION
A. Conference with Legal Counsel - Initiation of Litigation Pursuant to Government Code section 54956.9(d)(4)
Number of Matters: One (1)
2. PUBLIC COMMENT
This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. Public Comment will be limited to three (3) minutes.
Cathedral City P a g e 2
3. STUDY SESSION
Normally no action is taken on Study Session items, however, the City Council reserves the right to give specific policy direction and take specific action as necessary. Presentation will be limited to 10 minutes unless other provisions are made in advance.
A. Solid Waste Container and Bulky Item Pickup Update Presentation Recommendation: The Solid Waste Container and Bulky Item Pickup update presentation is for City Council information, discussion and direction.
B. Discussion Regarding the Use of the Art in Public Places Fund Recommendation: Staff recommends the City Council discuss and provide direction regarding the use of Art in Public Places funds.
C. Risk Management Plan Overview
Recommendation: This agenda item is for review and discussion only.
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.
Cathedral City Page 1 of 1 Printed on 1/4/2024
Staff Report
City Council
Meeting Date: January 10, 2024
From: Al Ford, Assistant City Attorney
Title: Conference with Legal Counsel - Initiation of Litigation Pursuant to Government Code section 54956.9(d)(4)
Number of Matters: One (1)
1.A
Packet Pg. 3
Cathedral City Page 1 of 6 Printed on 1/4/2024
Staff Report
City Council
Item No. 3.A
Meeting Date: January 10, 2024
From: Justin Gardiner, Code Compliance Manager
Title: Solid Waste Container and Bulky Item Pickup Update Presentation
City Council
RECOMMENDATION:
The Solid Waste Container and Bulky Item Pickup update presentation is for City Council information, discussion and direction.
BACKGROUND:
Recently, the City has received numerous requests for service, public records requests, and Council meeting public remarks regarding solid waste containers visible from the public right of way.
Currently the City Municipal Code 13.80.090 Garbage Containers states that “It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the city to maintain such premises or property with garbage or trash containers stored in front yards and visible from the public right -of-way, except when in places of collection on scheduled waste collection days.”
There is also specific language in the current City Municipal Code relating to R1 Single - Family Residential Districts that reads : 9.14.120 Trash Containers “Trash and recycling containers shall be located within the rear and side yards, behind a solid fence or gate, and shall not be visible from the public right -of-way, except when in places of collection on scheduled waste collection days.”
Through the City’s franchise agreement with Burrtec Waste & Recycling Services (Burrtec) for Integrated Solid Waste Management services, the City also has a program for the collection of large items that cannot be placed inside a residential cart or commercial dumpster. More specifically:
Residential Curbside Large Bulky Item Program
3.A
Packet Pg. 4
Cathedral City Page 2 of 6 Printed on 1/4/2024
• Cathedral City residents can schedule the removal of four large items each week for no additional charge with Burrtec.
Multi-Family Communities
• For condos, apartments, 55+ communities, trailer parks (those residential communities that have commercial dumpster service):
o Multi-family communities can place out four large bulky items per week for pickup in a pre-identified central location within the community / complex .
There is no extra charge for this service.
o The community manager is responsible for coordinating with the City on weekly pickups; the city processes the request and schedules the bulky item pickup with Burrtec.
Commercial Businesses
• Commercial businesses are allowed to place out four large bulky items per week for pickup and are required to schedule these removals with Burrtec. • If a commercial business is doing a renovation project, the business needs to order a roll off dumpster for the removal of construction debris. • Businesses are frequently victims of illegal dumping. Businesses may contact the City or use the MyCathedralCity Mobile APP to schedule the removal of items that were illegally dumped on their property.
Illegal dumping can be reported using the MyCathedralCity Mobile APP (formerly known as GoRequest). The requests are sent by City Staff to Burrtec or handled by the City’s homeless encampment cleanup contractor.
Any disabled resident who meets the Department of Motor Vehicles requirements for a N-1 permanent disabled placard is entitled to special residential walk-in backyard or side yard collection of refuse, recyclables, and green waste, at no charge . Residents can also pay Burrtec for walk in service which has the refuse truck driver pull the carts to the curb for service and then returns the carts to the back of house or behind a gate.
Currently, neighbors, and/or people , other than the property owner (or tenant), cannot call Burrtec directly to have bulky items removed that have been placed on and/or in front of another property . Burrtec’s policy is to pick up bulky items that the actual property owner schedules. This policy is a result of past issues where Burrtec picked up items placed in front of a resident’s property, the pickup was not requested by the actual resident, but was called in by someone other than the property resident . As a result, Burrtec was asked to re turn the items to the location because the homeowner intended to sell or donate the item(s) on the curb.
In summary of the above Burrtec bulky item pick up policy, residents are encouraged to utilize the MyCathedralCity APP to report issues, such as large items left out at the curb on other properties for an extended amount of time. Using the APP will allow the City to determine if there is an issue that the Code Compliance Division needs to address with the property owner or forward to C ity Public Works Maintenance Division S taff to
3.A
Packet Pg. 5
Cathedral City Page 3 of 6 Printed on 1/4/2024
schedule the removal of the items with Burrtec, the City’s on -call clean up contractor or City Crews.
DISCUSSION:
Between January 1, 2023, and December 12, 2023, the City has received a total of 140 service requests related to solid waste containers (mostly visibility from the public right of way), 78 of which originated from a single source (56%). The remaining 62 requests (44%) are from a conglomerate of sources comprised of City employees, anonymous sources, and other residents.
• January: 1
• February: 11 (6 Single Source Originated)
• March: 42 (29 Single Source Originated)
• April: 18 (12 Single Source Originated)
• May: 10 (6 Single Source Originated)
• June: 16 (3 Single Source Originated)
• July: 16 (11 Single Source Originated)
• August: 10 (1 Single Source Originated)
• September: 3
• October: 10 (9 Single Source Originated)
• November: 2
• December (Up to 12/12/2023): 1 (1 Single Source Originated)
3.A
Packet Pg. 6
Cathedral City Page 4 of 6 Printed on 1/4/2024
In this same period, the City received a total of 2,077 service requests. Complaints concerning solid waste containers constitute 6.7% percent of the total service requests during this period and rank 6th with respect to the top ranked code compliance issues, behind parking on landscaping, landscape maintenance, inoperable vehicles, and sidewalk vendors. By removing the single source complaints, it would be last in rank.
When these requests for service are mapped, it is further evident that the requests for service are concentrated in the Panorama neighborhood (see attached map). Based on this, Code Compliance Division Staff conducted an analysis of the neighborhood prior to its scheduled waste removal day to identify the extent of code issues in the neighborhood related to solid waste containers. The detailed analysis is attached to this Staff Report.
The report found that there are multiple streets in the Panorama neighborhood with containers visible from the street. The analysis was documented by photos, several of which are attached to this report. It found that most of the containers that were visible were placed adjacent to the home and in a way that still maintained a clean appearance. The report and photos also demonstrated that some of the properties with visible solid waste containers have limited to no access to the side or rear yard, making it potentially difficult and costly to comply with the code requirements.
The analysis of the Panorama neighborhood reflects what is observed elsewhere in the City. The most common issues are containers that are visible from the road right -of - way. A large number of residents throughout the City maintain their solid waste containers adjacent to the garage. In some neighborhoods, such as the Cove, this is the only feasible option as many of the homes do not have side gate access. Storing solid waste containers inside closed garages causes unpleasant odors to seep inside the dwelling as well as provide safe harborage to rodents and insects.
While there are exceptional circumstances and cases where solid waste containers have not been maintained and there is a problem with overflowing trash, these are limited in number and most complaints concern the placement of containers in front yards where they are visible from the street on days other than a scheduled trash day.
On the basis that: 1) the requests for service are limited in number; 2) a majority of these requests are from a single source and may not be reflective of the overall community; 3) the analysis of service requests does not reveal a pervasive community - wide problem; 4) a strict enforcement of the existing code declaring trash containers in the front yard a public nuisance may generate more community opposition than the resolution of the limited complaints; and 5) where there is an effective resource in place for bulky item pickup through Burrtec, Staff recommends revisions to the existing code language to grant more discretion to the Code Compliance Division S taff for enforcement or a change in the existing code to allow for the storage of solid waste containers to be visible from the road right -of-way so long as they are not overflowing and kept adjacent to the dwelling not to extend past the frontage. The code should also be modified to be internally consistent with the City’s Solid Waste Ordinance found in Section 6.04.110 of the Municipal Code. More specifically:
3.A
Packet Pg. 7
Cathedral City Page 5 of 6 Printed on 1/4/2024
9.14.120 Solid waste containers.
All containers, as defined in 6.04.110 of this code, including grey, blue, and green solid waste containers, Trash and recycling containers shall be located within the rear and side yards, behind a solid fence or gate, and shall not be visible from the public right-of-way, except when in places of collection on scheduled waste collection days or where it is determined to be infeasible to place such containers in a rear or side yard, in such case the containers shall be located adjacent to the dwelling unit.
9.24.150 Trash enclosures.
A. All trash enclosures shall comply with Section 9.94.110(K), “Refuse Areas” and constructed to the requirements of Chapter 9.88 except that:
1. For one - or two -family dwelling units with individual trash service, all containers, as defined in 6.04.110 of this code, including grey, blue, and green solid waste containers, shall be located within the rear and side yards, behind a solid fence or gate, and shall not be visible from the public right-of-way, except when in places of collection on scheduled waste collection days or where it is determined to be infeasible to place such containers in a rear or side yard.
This Solid Waste Container and Bulky Item Pickup Update presentation is for City Council information, discussion and direction.
FISCAL IMPACT:
This presentation is for the City Council’s information, discussion and direction.
The Code Compliance Division has researched tools that could be instituted that will allow officers to issue real time citations to enhance enforcement of the solid waste container violations as well as other code compliance violations. One of these is the deployment of new technologies such as DataTicket’s iPad application . This is estimated to cost approximately $20,000.00 to outfit the entire Code Division. More information on this application for enforcement can be provided if requested.
FIVE-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.
GOAL E: SAFETY
Objective: Cathedral City is safe for all who live, work, visit, and play in our community.
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
3.A
Packet Pg. 8
Cathedral City Page 6 of 6 Printed on 1/4/2024
thoughtful, coordinated, and collaborative programs.
ATTACHMENTS:
GarbageContainerComplaints_2023YTD
Garbage Bins Memorandum
Solid Waste Cart Photos
3.A
Packet Pg. 9
3.A.a
Packet Pg. 10
Attachment: GarbageContainerComplaints_2023YTD (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
CITY OF CATHEDRAL CITY
M E M O R A N D U M
TO: Justin J. Gardiner, Code Compliance Manager
FROM: Talen J. Weinman, Code Officer I
DATE: 12/20/2023
SUBJECT: Improper storage of garbage bins across the Panorama area
This memorandum is a full report of my findings regarding violations of [CCMC 13.80.090 Garbage Containers] within the Panorama residential area.
INTRODUCTION
I began by gathering information on the service days in the Panorama area. I would limit my observations to the northwestern and southwestern quadrants of the area as those locations both operate on the same garbage service schedule, that schedule being a Wednesday pick-up for trash bins. As currently written, the CCMC states that “It is unlawful […] to maintain such premises or property with garbage or trash containers stored in front yards and visible from the public right-of-way, except when in places of collection on scheduled waste collection days” and when this violation is issued as part of a Notice and Order to Abate, an additional instruction is automatically populated reading “Always store trash containers behind fence out of view of public within 12 hours after service”. I conducted my inspection at 10:00 AM on Monday, December 18th, 2023 (12/18/2023) approximately 37 hours before the scheduled day of waste removal. Below is an image detailing the route that I followed to conduct my inspections:
3.A.b
Packet Pg. 11
Attachment: Garbage Bins Memorandum (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
RESULTS
I patrolled 13 streets, each street containing between 60 and 70 homes accounting for both sides of the street. If each home is expected to have at least 3 garbage bins, one for general waste, one for recycling, and one for plant waste, we can infer that up to 210 bins may be visible on any given street during scheduled waste disposal.
Some streets like Durango had no visible garbage containers stored on the street, or very few containers stored at a location within public view but away from public right-of-way. Other streets, such as Estio, had more than 50+ garbage bins observed primarily in-front-of or on the side of the homes but streetside occasionally as well. I decided to catalogue the severity of the violations based on the amount of garbage containers I could observe when driving down the street. I then used this system to classify the severity of the violation on each street I visited. Both the system and my findings are outlined in the following tables:
Number of garbage bins Classification of severity
6 or fewer Very Low
10 or fewer Low
20 or fewer Medium
30 or fewer High
50 or more Very High
Garbage bin severity by street
Durango None
Tortuga None
Bella Vista None
Risueno Very Low
Concepcion Very Low
Hermosillo Low
Molino Low
Empalmo Low
Encinitas Medium
Peladora Medium
Espada High
Santelmo High
Estio Very High
The data above is entirely focused on garbage containers observed from the street or otherwise stored improperly. It is important to address that it does not account for other conditions that are commonly present across these residential properties including: higher priority violations, structural conditions, or accessibility for the elderly or infirm. Some of these properties feature walls between their adjoining neighbors front yards, and have opted to store their bins along these walls either because it is more accessible or because the home had no easily observable pedestrian entrance to the rear (i.e a gate). Included among the photographs provided is an address that is a multi-unit dwelling, with limited parking for up to five vehicles and garbage containers for as many units. The amount of garbage containers provided to this dwelling exceeds what could be reasonably stored “out of public viewing” without the construction of a trash enclosure.
3.A.b
Packet Pg. 12
Attachment: Garbage Bins Memorandum (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
In the case of standard single-family dwellings garbage bins are sometimes stored on the side of the home, along an adjoining wall, or in front of the garage door. The diagram below shows where these improperly stored bins are commonly found:
Note: not all the observed properties had a gate or easily observable pedestrian entrance to the rear yard.
During my observations I took photographs of the length of the streets showing how many garbage bins could or could not be observed by a citizen driving by, of locations where bins had been improperly stored in abundance, and of bins improperly stored in such a way that still maintained a clean and inoffensive property.
This concludes my findings.
Talen Weinman
Code Compliance Officer
Ph. (760) 202-2490
City of Cathedral City
68700 Avenida Lalo Guerrero
Office Hours: M-Th 7:00am to 6:00pm
CathedralCity.gov
3.A.b
Packet Pg. 13
Attachment: Garbage Bins Memorandum (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
3.A.c
Packet Pg. 14
Attachment: Solid Waste Cart Photos (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
3.A.c
Packet Pg. 15
Attachment: Solid Waste Cart Photos (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
3.A.c
Packet Pg. 16
Attachment: Solid Waste Cart Photos (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
3.A.c
Packet Pg. 17
Attachment: Solid Waste Cart Photos (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
3.A.c
Packet Pg. 18
Attachment: Solid Waste Cart Photos (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
3.A.c
Packet Pg. 19
Attachment: Solid Waste Cart Photos (4048 : Solid Waste Container and Bulky Item Pickup Update Presentation)
Cathedral City Page 1 of 6 Printed on 1/4/2024
Staff Report
City Council
Item No. 3.B
Meeting Date: January 10, 2024
From: Anne Ambrose, Assistant City Manager
Title: Discussion Regarding the Use of the Art in Public Places Fund
City Council
RECOMMENDATION:
Staff recommends the City Council discuss and provide direction regarding the use of Art in Public Places funds.
BACKGROUND:
Since 2001 Cathedral City has had an Art in Public Places program established by ordinance. New development that meets established criteria must either provide public art as part of the development or may elect to make an in -lieu payment into the public arts fund. The Public Arts Commission (PAC) is then authorized to recommend art purchases and locations of public art to the City Council. Subsequent amendments to the ordinance allowed a portion of the in -lieu funds to be used for art education programs. In 2018 an ordinance adopted by Council set the percentage of funds, which may be used for art education, at 30% annually.
Periodically, requests have come before or have been proposed by the Public Arts Commission and subsequently to the City Council seeking to use Art in Public Places funds for educational purposes. On several occasions, the items brought before the City Council have resulted in lengthy discussions about the appropriateness of the request and whether it met the definition of ‘art education’ as outlined in the City’s Municipal Code.
On January 8, 2020, the City Council held a study session to review the definition of “art education” as it had been suggested the definition at the time may have precluded the use of art education funds for programs in the schools or other locations that were not open to the public. An ordinance revision was approved on January 22, 2020 broadening the definition of ‘art’ in relation to ‘art education’ programs.
At the November 29, 2023 City Council meeting, a request for funding for a series of chamber music concerts raised the question again as to whether the program had a nexus to “art education” as defined by the ordinance. There was additional discussion about the appropriateness of using the Art in Public Places fund for educational
3.B
Packet Pg. 20
Cathedral City Page 2 of 6 Printed on 1/4/2024
purposes at all, citing concern that once the program was over, there was no further impact from the investment in comparison to acquiring a piece of permanent public art.
The City Council directed the funding request to be sent back to the PAC and asked for a study session to discuss funding for art education. Since that meeting, the applicant has withdrawn their funding request.
There are currently two additional proposals that were scheduled to go to the PAC in December that been tabled until after this study session: a request referred to the PAC from the City Council from the Wyld Womxn and Desert Art Wommen Gallery for arts programs and a request proposed by one of the PAC Commissioners to fund some of the transportation costs or scholarships for the Cathedral City High School Symphony Band to perform at the San Francisco Heritage Festival in San Francisco. Additionally, there are two other programs the PAC has been working on proposals to implement: a Cathedral City’s Got Talent event and a 4 th grade student tour of the downtown art and tour of the City Council Chambers proposed by Councilmember Lamb . These proposals are also tabled pending the outcome of the City Council discussion.
What is the Art in Public Places Fund?
For all new commercial and industrial projects over 15,000 square feet; remodels/repair/reconstruction of existing commercial and industrial with a building permit value of over $100,000 (except for Acts of God); and some public facilities over 15,000 square feet are required install public art. The developer may opt to contribute funds to the “art in public places fund” established pursuant to Section 11.45.130 of the Municipal Code equal to one percent of ninety percent of the total project valuation.
Additionally, pursuant to this section, on an annual basis, up to 30% of the art in public places fund may be used for art education, including any and all ancillary costs associated with funding such art education.
By practice, and by policy, the City also reserves $100,000 annually of available funds in a reserve for maintenance or replacement costs.
Chapter 11.45.020 defines art education as:
“Art education” means the public service of providing activities or experiences (“activities”) for the purpose of expanding the awareness, knowledge, understanding, appreciation, or familiarity of members of the public with art in all of its forms.
For the purposes of utilizing funding for art education, the term “Art” is to be construed more broadly than “Art” as defined above and includes art expressed in any medium, including, without limitation, painting, sculpture, photography, lithography and other physical mediums, music, singing, spoken word, and other auditory mediums, plays, films, dance, and other performance mediums, literature and poetry, art history and interpretation, clothing and fashions, and cultural expressions. Art education may be provided by any reasonable means that best achieves the purpose set forth above, including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, tours, performances, writings, films, audio recordings, and similar means. Art
3.B
Packet Pg. 21
Cathedral City Page 3 of 6 Printed on 1/4/2024
education funds may also be expended to provide material related to such activities. An activity qualifying for expenditure for art education funds must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the time, date, and description of the activity has been advertised via the city’s website and social media for at least one week prior to the activity, and either the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited, the activity may be provided for only a limited time, and a charge may be imposed for participation in the activity. Activities may be held in the facilities of public entities, non -profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. Art education funds must not be expended for prizes, gifts, or similar items.
The following table provides background on how the Art in Public Places funding has been used for educational purposes since FY 2018-19:
Event Description Amount
FY 2018-19
HOLA Mexico Film
Festival
Presentation of a three-day Spanish
Language Film Festival at the Mary Pickford
Theater
$ 2,500
DATA Program Boys and
Girls Club
Partnership with Cathedral City High School
DATA program and the Boys and Girls Club.
The program involves the Cathedral City High
School DATA students, under the supervision
of a teacher, to mentor kids at the Boys and
Girls Facility in Cathedral City.
$ 4,000
Coachella Valley
Repertory (CVREP)
A CVREP partnership with Cathedral City
High School drama class and the Commission
to host eight -week educational classes
benefiting students of Cathedral City High
School. The Commission approved funding
for two (2) eight-week classes.
$ 4,800
Cathedral City’s Got
Talent
Partnership with the Commission and
Cathedral City Library to sponsor Cathedral
City’s Got Talent contest for members of the
community of all ages
$ 1,500
Commission Brochure Created and printed a brochure “What We Do…” Public Arts Commission
$ 355
Día De Los Muertos Commission sponsorship of the Day of the Dead Event
$ 2,500
November Group Exhibit
in Museum
Cathedral City Artists Exhibit at the Cultural
Arts Museum from November to February
$ 1,000
"TourBuddy” APP Annual
Fee
Annual charges to continue the APP program
identifying art in public places within the City.
$ 400
3.B
Packet Pg. 22
Cathedral City Page 4 of 6 Printed on 1/4/2024
Event Description Amount
Senior Center SongShine
Program
10-week SongShine class, a music and
drama-based program that strengths voices,
hosted at the Cathedral City Senior Center
$ 1,000
Cathedral City High
School Choirs
Lions Pride Chamber Singers performance at
the Invitational Festival Competition open to
the public
$ 2,450
Stardust Art Expo Cathedral City High School one -day event open to middle and high school students,
professional group of musicians providing a
master class for students
$ 1,000
FY 2019-20
Dia de Los Muertos
Student Art Contest
Sponsored by the SCRAP Gallery $ 575
Senior Center How to Paint classes $ 934
CVREP Drama Classes
for CCHS
These were education classes for
Improvisation and Beginning Acting. The
budget was approved by Council, but due to
COVID, this program did not happen.
$ 4,802
FY 2021-22
Boys and Girls Club online
arts education
programming
Five classes, offered every 6-8 weeks $ 1,000
Coachella Valley
Repertory (CVREP)
Various theater events, conservatory
scholarships, broadcasted online
$ 4,650
Senior Center/Library joint
proposal
Painting, crafting and 3-D printing classes and
demonstrations, pottery demonstration and
classes, Coachella Valley Show Us Your
Talent, art exhibition - online or in person
when practical
$ 8,701
FY 2022-23
Cathedral City Senior
Center Jazz Concert
Series
Series of jazz concerts and video recording of
the performances.
$ 2,800
FY 2023-24
SCRAP Gallery Dia de los Muertos youth art event $ 750 Old Gays Book
Reading/Signing Event
Facilitated discussion about the Old Gay's
new book, Q& A, and book signing
$ 800
DISCUSSION:
Staff is seeking input from the City Council as to whether the Council wishes to continue to allow the use of the Art in Public Places fund for arts educational opportunities.
Staff have prepared some policy options for discussion and consideration by the City Council.
Option 1 Continue to utilize up to 30% of the annual available Art in Public Places
3.B
Packet Pg. 23
Cathedral City Page 5 of 6 Printed on 1/4/2024
funds for educational programming in accordance with the currently adopted ordinance.
Staff seeks direction from the City Council as to what type of educational programming has the highest priority for the Council.
Option 2 Continue to utilize Art in Public Places funds for educational programming but at a lower percentage (10% or 20%) of the total available funds to provide more funding available for acquisition.
Option 3 Stop all use of Art in Public Places funds for education and direct that funds only be utilized for acquisition and maintenance of the collection.
Option 4 Create an arts education program, funded annually by the general fund ($10 - $20,000). The PAC could create an application process and assign a subcommittee to review and select applications to be proposed for approval by the City Council. This process would be similar to the process the City Council adopted for the community grants program.
Option 5 Consider application of development fee to a broader array of projects to increase the funds available. Currently the ordinance only applies to new commercial or industrial construction over 15,000 square feet ; however, the majority of new construction falls below that threshold, ranging from 2,000 to 6,650. Staff would need to conduct an analysis of the Cathedral City’s fee compared to area cities and report back to the City Council with recommendations.
FISCAL IMPACT:
There is no fiscal impact for this discussion item.
The table below depicts the funds available in the Art in Public Places Fund for FY 2023/24. It is adjusted annually.
Beginning Balance as of 6/30/22 $ 402,998.97
Total Developer Fees Received FY 22/23 $ 45,962.21
Total Expenditures FY 22/23 $ (71,169.82)
Ending Balance as of 6/30/23 $ 377,791.36
Council-directed Reserve $(100,000.00)
Annual Maintenance Allocation (40,000.00)$
Total Funds Available FY 23/24 237,791.36$
30% for Arts Education 71,337.41$
Available for Art Acuisition 166,453.95$
FIVE-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
3.B
Packet Pg. 24
Cathedral City Page 6 of 6 Printed on 1/4/2024
financially solvent by instituting prudent fiscal policies and transparent financial practices.
3.B
Packet Pg. 25
Cathedral City Page 1 of 4 Printed on 1/4/2024
Staff Report
City Council
Item No. 3.C
Meeting Date: January 10, 2024
From: Kevin Biersack, Financial Services Director
Title: Risk Management Plan Overview
City Council
RECOMMENDATION:
This agenda item is for review and discussion only.
BACKGROUND:
Currently, t he City of Cathedral City does not have a dedicated, centralized Risk Management Plan. We operate with disparate pieces and react to issues/incidents.
DISCUSSION:
With a goal to be more proactive and less reactive, City staff have developed an outline for a Risk Management Plan and are seeking feedback from the City Council . To do so, we have researched other Risk Management Plans from cities and counties to utilize their expertise and what appears to work effectively. The agencies we are most interested in leveraging their ideas and plans include:
• City of El Monte
• City of Glendora
• City of Hillsboro
• City of Oakley
• City Redlands
• Contra Costa County
• Government Finance Officers Association (GFOA)
Elements/topics of our initial Risk Management Plan outline are listed below:
Mission: In serving the constituents of the City of Cathedral City, mitigate and reduce:
• external (City Boundaries) risks in our community, and • internal (City Government) risks
Roles: TBD
3.C
Packet Pg. 26
Cathedral City Page 2 of 4 Printed on 1/4/2024
Responsibilities: TBD
Resources:
• Public Entity Risk Management Authority (PERMA), the 31 member-directed pool dedicated to providing financially secure, stable and cost -effective coverage programs and risk management services to its members.
• Sedgwick, a PERMA third -party vendor specializing in risk control, https://riskcontrol.sedgwick.com/
Contracts & Insurance:
• Collect & Attach Insurance to City Contracts – (On going) o Laserfiche
o Tyler Contracts Management
• Ensure City contracts are reviewed for proper insurance coverage(s) • Types of Insurance - FY 2023/2024 totals $5.575M
o Public Risk Innovation, Solutions and Management (PRISM) through PERMA
▪ Employment Practices Liability
▪ General Liability
▪ Trust Deposit
▪ Worker’s Compensation
o Alliant Property Insurance Coverage (APIP)
▪ Crime
▪ Cyber
▪ Deadly Weapon
▪ Fine Art
▪ Property
• Insurance Claims – steps to follow whether at City’s fault or not
Facility Inspection: Utilize Sedgwick to review and provide feedback
Policy & Procedures : Assess and determine policies and procedures to develop, examples include:
• Department of Motor Vehicle (DMV) Pull Program
• Vehicle Use Program
• COVID Prevention Plan – (Update On going)
• Injury and Illness Prevention Plan (IIPP)
o City-wide needed – leverage Cal OSHA
o Fire and Police have department drafts
o Hazard Identification & Control
Processes:
• Develop steps and/or flowcharts for employees to follow, e.g., COVID, claims, insurance, incidents, etc.
3.C
Packet Pg. 27
Cathedral City Page 3 of 4 Printed on 1/4/2024
• Develop internal processes for the risk team
Risk Assessments:
Conduct Risk Assessments in conjunction with one of PERMA’s partners, Sedgwick, in the six primary Risk areas (Engineering/Facilities/Fire/Human Resources/ Police/Public Works) to i dentify potential pitfalls and develop trainings to avoid (Initial ones completed)
Safety Incident Management:
• Reporting Incidents
• Vehicle Collisions
• Work Injuries
o Department Training – on-the-job training
Software Tools: Enterprise Resource Planning (ERP) System, Tyler modules:
• Case Management
• Driver’s License (On going)
• Talent Management
o Certifications
o Training
• Claims
o Accidents/Injuries
Training:
• City-Wide Training
o Public Entity Risk Management Authority (PERMA) Training ▪ PRISM
▪ Vector (Target) Solutions, e.g., Ethics, Harassment
▪ Sedgwick Risk Control
▪ Employment Practices – Employment Risk Management Authority ▪ Industry Conferences
o California Occupational Safety and Health Administration (Cal OSHA) Training
▪ https://www.dir.ca.gov/dosh/dosh_publications/trainingreq.htm ▪ https://www.permarisk.gov/wp-
content/uploads/CALOSHA_Training_Schedule_2023_2024_20230 613.pdf
o Schedule Upcoming Sessions (these sessions have been reserved and we have confirmation from the departments below – more
departments can be added)
▪ Safe Lifting and Industrial Ergonomics 03/19/2024 (Facilities/Public Works)
▪ Minimizing Sidewalk Exposures & Evaluating Resources
04/09/2024 (Engineering)
▪ Defensive Driver 05/15/2024 (P olice, F ire, Engineering, P ublic Works, Code, Building Inspectors)
▪ Office Ergonomics 06/19/2024 (City Hall/Dispatchers)
3.C
Packet Pg. 28
Cathedral City Page 4 of 4 Printed on 1/4/2024
Workplace Safety (Quarterly) : We plan to create two committees that will meet on a quarterly basis:
• Risk Committee (beginning of quarter)
o Project/Liability Claim
o Prevention
• Safety Committee (mid-quarter)
o Workers Compensation
o Employee Safety Training
o Prevention
• Committee Membership – Representative from each department or division(s) (On going)
Upcoming Dates:
• Committee Quarterly Meetings – 02/15/2024 forward
• Insurance Coverage Partner Evaluation – 04/01/2024
• Software Tools – 07/012024
FISCAL IMPACT:
None with this report. An active, effective risk management program should result in cost reductions over time.
FIVE-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 whi ch benefits the community. We remain financially solvent by instituting prudent fiscal policies and transparent practices.
3.C
Packet Pg. 29