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HomeMy WebLinkAboutCC Min 2015-04-22 Cathedral City CITY COUNCIL STUDY SESSION MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, April 22, 2015 STUDY SESSION 4:30 PM • CALL TO ORDER Mayor Henry called the Study Session Meting to order at 4:30 p.m. • ROLL CALL AND STATEMENT OF PARTICIPATION BY THE CITY CLERK Present 5- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis, Council Member Shelley Kaplan, Council Member Mark Carnevale,and Council Member John Aguilar Mayor Pro Tern Greg Pettis participated via telecom St. Gregory Hotel 2033 M Street Washington DC • AGENDA FINALIZATION PUBLIC COMMENTS Richard Altman, Cathedral City, was called to speak. He thanked the Council for all of their efforts with LGBT Days. He presented each Council Member, City Manager McClendon and Communications and Events Manager Parman with plaques of appreciation. STUDY SESSION A. 2015-146 Summary of the 2015 LGBT Days Chris Parman, Community and Events Manager,presented a summary of the 2015 LGBT Days in Cathedral City. B. 2015-137 Budget Briefing Presentation, Special Funds and Capital Improvement Projects (CIP) Plan Tami Scott,Administrative Services Director,gave a budget presentation on Special Funds and Capital Improvement Projects Plan. Pat Milos, Community Development Director,gave an overview of the City's Five-year Capital Improvement Program Plan.He gave an overview of completed projects that the Council should be proud of. John Corella, City Engineer, gave an overview of the following list of projects that the Council and commuinity can expect to see over the next two years: East Palm Canyon REAS Project Date Palm Bridge Widening Project Cathedral City Page 1 City Council Study Session STUDY SESSION April 22,2015 Date Palm Drive, East Palm Canyon to Perez Road Project Cathedral Canyon Bridge Project East Palm Canyon, East Palm Canyon to Perez Road Project Date Palm Drive, North of I-10 to Varner Road Project Corregidor Drive Street Improvements San Joaquin Sidewalk Design and Improvements Project Vista Chino-West, Whitewater River to Landau Blvd. Vista Chino-East, Landau Blvd. to Date Palm. Edom Hill Truck Lane ADA Transition Plan City-wide Pavement Management Plan kick-off ADJOURN Mayor Henry adjourned the Study Session Meeting at 6:10 p.m. STANLEY E. HENRY, May. ATTE GARY F. HOWELL, City Clerk Cathedral City Page 2 Cathedral City CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, April 22, 2015 REGULAR MEETING 6:30 PM • CALL TO ORDER Mayor Henry called the Regular City Council Meeting to order at 6:30 p.m. • PLEDGE OF ALLEGIANCE Council Member Aguilar led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Council Member Carnevale offered the Invocation. • ROLL CALL AND STATEMENT OF PARTICIPATION BY THE CITY CLERK Present: 5- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis, Council Member Shelley Kaplan, Council Member Mark Carnevale, and Council Member John Aguilar Mayor Pro Tern Greg Pettis participated via telecom St. Gregory Hotel 2033 M Street Washington DC • AGENDA FINALIZATION 1. SPECIAL PRESENTATIONS 1.A. 2015-145 Introduction and Swearing-In of Fire Chief Paul Wilson Deputy City Clerk Martinez formally swore-in the new Fire Chief, Paul Wilson. Fire Chief Paul Wilson, thanked the City Manager for appointing him as the new Fire Chief of Cathedral City. He is looking forward to working with the City Council, city staff, local businesses and the community. 2. PUBLIC COMMENTS Nikohl Vandel, Desert Hot Springs, was called to speak. She wished everyone a Happy Earth Day. She welcomed the new Fire Chief. She expressed her thoughts on the existing drought and genetically altered food. 3. CONSENT AGENDA Approval of the Consent Agenda A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to approve the Cathedral City Page 1 Printed on 5/13/2015 City Council REGULAR MEETING April 22,2015 following Consent Agenda Items.The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar • 3.A. 2015-136 City Council Minutes of April 8, 2015 Enactment No: M.O.6388 3.B. 2015-140 Parks and Community Events Commission -Municipal Code Title 2, Chapter 2.18 Valerie Schechter, Cathedral City, was called to speak. She encouraged the Council to approve the Parks and Community Events Commission Ordinance. Enactment No: Ord 754 3.C. 2015-142 Ordinance Second Reading-Incorporating the Digital Infrastructure and Video Competition Act of 2006 into the Municipal Code and Establishing a 1% PEG Fee Enactment No: Ord 755 4. PUBLIC HEARINGS 4.A. 2015-108 Ordinance First Reading Amending the Contract with the California Public Employees' Retirement System. A motion was made by Council Member Carnevale,seconded by Council Member Kaplan,to approve the first reading of an Ordinance amending the contract between the City Council of the City of Cathedral City and the Board of Administration of the California Employees'Retirement System.The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar Enactment No: M.O. 6389 4.B. 2015-144 Ordinance Implementing a Ban on All Fireworks in the City City Manager McClendon, indicated that a Council Member requested that this item be brought before the Council for a yes or no vote on the ban of fireworks. Mayor Henry opened the Public Hearing for comments. Valerie Schechter, Cathedral City, was called to speak. She urged the Council to support the ban on Fireworks and approve the proposed Ordinance. John Kelly, Vice-President TNT Fireworks, was called to speak. He feels that the fireworks issue has been discussed at length. Fireworks have been sold in Cathedral City since 2003 by non-profits. They have been selling a product that has been approved by the State Fire Marshall. They do not support a ban on Fireworks and look forward to continuing with the partnership they have with the City into the future. Josie Diaz, Cathedral City, was called to speak. She supports the sale and discharge of fireworks. She feels that it is hard for the non-profits to find an avenue for fundraising and these funds are necessary. She would like Cathedral City Page 2 Printed on 5/13/2015 City Council REGULAR MEETING April 22,2015 to see proof that safe and sane fireworks are dangerous. She asked the Council not to punish the majority and don't throw out old traditions. Jeanette Rosas, Cathedral City, was called to speak. She stated that she does not want fireworks to be banned. The funds raised from the sale of safe and sane fireworks has benefitted her church and the community. She encouraged the Council not to support the Ordinance banning the sale and discharge of fireworks in Cathedral City. She feels that it's a tradition and it has never been an issue. She does feel that it is important to educate those purchasing the fireworks. Daniel Rivera, Cathedral City, was called to speak. He indicated that he has benefited from the funds raised by the sale of safe and sane fireworks through his church. He stated that four individuals from his church were able to attend a program out of State as a result of this fundraiser. He thanked the Council for the good that the sale of safe and sane fireworks has allowed them to do. Ramon Nava, Cathedral City, was called to speak. He is a supporter of the traditions of his heritage. The proper use of fireworks can be good. The tradition needs to be kept to maintain the heritage of their culture and this activity must be continued. He feels that accidents can happen at any time. He is a strong believer to be happy you have to promote happiness. James Price, Cathedral City, was called to speak. He feels that the ban of fireworks is a rough one. Fireworks companies have lobbied with thousands of dollars to gain support of the sale and discharge of safe and sane fireworks. He feels that no one wants to take tradition away. He expressed his concern that the Ordinance may not be enforced properly. Alan Carvalho, Cathedral City, was called to speak. He state the two highest vote getters in the last election clearly stated that they were opposed to fireworks. He encouraged the Council to vote as a voice of the people and to think about the long term effects of fireworks. He feels that safety should be most important. Juvenal Jaramillo, Cathedral City, was called to speak. He supports the sale and discharge of safe and sane fireworks in Cathedral City. He feels that public pools cause more deaths than fireworks, maybe pools should be banned. Anything can be dangerous,however, fireworks should be used by responsible parents along with the kids. The Council has the responsibility to make the decision and no matter what the Council does, there will still be fireworks and the groups will find a way to raise the funds, this is just one way. Jesus Luna, Cathedral City, was called to speak. He stated that he loves Cathedral City. He has had the opportunity to work with all different groups and they have all been here in the City. This fundraiser allows the opportunity for them to raise funds to help the community. Family has been talked about a lot with regard to this issue, how many of the Council Members have talked to the youth regarding this issue? He encouraged the Council to continue the support of the sale of fireworks in Cathedral City. Keith Coleman, Cathedral City, was called to speak. He listed several facts related to fireworks. He feels that charities should not soley rely on the sale of fireworks to survive. Karen Panico-Willis, Cathedral City, was called to speak. She does not support the ban of fireworks in Cathedral City. Christopher Wada, Cathedral City, was called to speak. He does not support the sale of safe and sane fireworks in Cathedral City. He feels public displays are so much better and entertaining. He stated that there should be more ways for the non-profits to raise money without a product that has potential for disaster. Just because it hasn't happened yet doesn't mean that it won't. Antonio Bacio, Cathedral City, was called to speak. He stated that he would like fireworks banned in Cathedral City. Cathedral City Page 3 Printed on 5/13/2015 City Council REGULAR MEETING April 22,2015 Randy Whiting, Cathedral City, was called to speak. He stated that animals fear fireworks and they deserve some type of respect. Every year he has to pick up a dead animal as a result of fireworks. He stated that the discharge of fireworks goes on and on for days. He stated that he is all for tradition, however, when is enough, enough? Mayor Henry closed the Public Hearing and returned discussion to the Council. Council Member Kaplan,indicated that he does not support fireworks in Cathedral City. He stated that there was discussion about waiting on making a decision or placing the fireworks issue on the ballot, he was not in favor of either. He feels this is a safety issue. The City has concern about fundraising for the non-profits. He stated that approval of this Ordinance will not affect this year's sales. He feels that we need to find ways to help the non profits generate the kind of revenue that they receive from the sale of fireworks. He stated he is willing to meet with non-profit organizations to come up with ideas for fundraising Council Member Carnevale, also indicated that he campaigned against fireworks and feels that it is a safety issue. He feels that he is more educated on this topic this evening. The fireworks that he hears are the illegal ones not the safe and sane. He feels that even if we ban fireworks there will still be noise from fireworks and feels that the problem will continue. Council Member Aguilar,stated that he has educated himself on this issue and has had numerous discussions on this issue. He has reached out to get various opinions beyond what has been shared in this room. He stated he may not support the sale of fireworks but feels the majority of the City does support the use of fireworks in the City. Mayor Pro Tem Pettis, stated that his position has not changed and he supports the sale and discharge of safe and sane fireworks in Cathedral City. Mayor Henry, indicated that he has a problem with the term Safe and Sane Fireworks. He has done research and gone back to the beginning. He feels that illegal fireworks have always been the issue and will continue to be an issue, even with the elimination of safe and sane fireworks,in fact illegal fireworks activity has decreased. There is a history on this issues and stated that there was never a vote of the Council that was not unanimously in favor of continuing with the sale of safe and sane fireworks. A Motion was made by Council Member Kaplan to approve an Ordinance of the City Council of the City of Cathedral City to amend provisions of Cathedral City Municipal Code Chapters 5.80(Sale and Discharge of Safe and Sane Fireworks), 8.12(Modifications,Amendments and Deletions to the Fire Code)and 11.44(Parks and Recreation Areas)relating to the sale and discharge of fireworks with the City. Motion died due to a lack of a second. A Motion was made by Mayor Henry to change Section 5.80.030 removing the pre-authorize groups and increase the stands from 6 to 8, which was in the original Ordinance, so that we don't have to do the lottery. Motion died due to a lack of a second. 5. LEGISLATIVE ACTIONS 5.A. 2015-139 Official Naming of the Whitewater Neighborhood Park Project as Ocotillo Park Julie Haltman, Parks and Recreation Commission, gave an overview of the process of naming the park. A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to name the Whitewater Neighborhood Park Project officially Ocotillo Park.The motion carried by the following vote: Cathedral City Page 4 Printed on 5/13/2015 City Council REGULAR MEETING April 22,2015 Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar Enactment No: M.O.6390 6. COUNCIL REPORTS Council Member Carnevale, reported that he attended the National Crime Victims Week Event,it was a well organized and good event. He announced that number of homeless in Cathedral City has gone down 4%. Council Member Aguilar, reported that he attended the National Crime Victims Week Event. He stated that it was a powerful experience. He also stated that he was able to attend the Senior Inspiration Awards to celebrate Eleanor Kincannon. Mayor Henry stated that he would like to present Eleanor Kincannon with an award at a Council Meeting. Council Member Kaplan, reported that he and the Mayor attended Cathedral City Elementary School playground event. They have implemented a recreation program to help eliminate bullying and allows exercise for all students. Five schools have implemented the program so far. He attended the Sentinal Power Plant presentation. Several air quality improvements have been implemented as a result of their efforts. The first Historical Task Force meeting was held, he feels that it was productive and looks forward to future meetings. He attended the Walk for Water Event at Nellie Kauffman School,it was a great event. Movies in the Park event will be held on saturday, the film featured will be Planes. The Glow Run will be held on May 2. He also attended an event with Mayor Pro Tem Pettis at the Jewish Federation for the Desert. He will be attending the Armenian Memorial this coming week. Mayor Henry, reported that Line 43 will start construction soon. This will cause some issues on Perez Road and on Highway 111 at Perez Road. Notifications will go out and he asked that everyone bear with the City. It is a great thing for the City. He announced that every year Cathedral City High School does a Cathedral City Mayor's award for one male and one female, there are 64 applications. He asked that each member of the Council go through a bundle of applications and pick their number one male pick and their number one female pick and he will choose the top male and female from their recommneded top 10. Mayor Pro Tem Pettis, indicated that the Valley was the recipient of a 3 million dollar grant for the passenger rail program from the Department of Transportation. He announced that former Elected City Clerk Donna Vellotta passed away. Lynn Mallotto, Cathedral City Chamber of Commerce, announced that a luncheon at La Grande Fiesta will be held in her honor at a date to be determined. 7. CLOSED SESSION The City Council temporarily convened to Closed Session at 8:12 p.m. 7.A. 2015-132 CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Green Connect, Inc. v. City of Cathedral City et. al. Riverside County Superior Court Case Number: PSC 1406573 7.B. 2015-133 CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - Cathedral City Page 5 Printed on 5/13/2015 City Council REGULAR MEETING April 22,2015 Anticipated Litigation - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: Two Cases A statement threatening litigation has been made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body, and an official or employee of the local agency who received knowledge of the threat has made a contemporaneous or other record of the statement prior to the meeting. This record is available for public inspection at the City Clerk's Office. (Gov. Code Section 54956.9 (e) (5).) 7.C. 2015-135 CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Cathedral City Care Collective et. al. v. City of Cathedral City et. al. Riverside County Superior Court Case Number: PSC 1501067 Suzanne Datz, Palm Springs, was called to speak. She expressed her concern with the process for Medical Marijuana Dispensaries. She feels it is unacceptable there is no resolution in sight. 7.D. 2015-134 CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Sunshine Coast Wellness v. City of Cathedral City Riverside County Superior Court Case Number: PSC 1500857 The Council re-convened at 8:45 p.m. City Attorney Charles Green announced that the Council met in Closed Session and there was no reportable action taken. ADJOURN Mayor Henry adjourned the Regular City Council Meeting at 8:45 p.m. STANLEY E. H CRY, Mayor ATTEST: - GARY F.HOWELL, City Jerk Cathedral City Page 6 Printed on 5/13/2015