HomeMy WebLinkAboutCC Min 2016-08-10 Cathedral City
CITY COUNCIL STUDY SESSION
MINUTES
CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234
Wednesday, August 10, 2016 STUDY SESSION 4:30 PM
• CALL TO ORDER
Mayor Stan Henry called the Study Session Meeting of August 10, 2016, to order at 4:30 p.m.
• ROLL CALL
Present 5- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis,Council Member Shelley Kaplan, Council
Member Mark Carnevale, and Council Member John Aguilar
• AGENDA FINALIZATION
• STATEMENT OF PARTICIPATION BY THE DEPUTY CITY CLERK
1. PUBLIC COMMENT
None
2. STUDY SESSION
2.A. 2016-287 Summary of Incidents related to Fireworks-July 1, 2016 through
July 4, 2016
Fire Chief Paul Wilson provided a summary of incidents related to fireworks between July 1, 2016 through July 4,
2016.
2.B. 2016-290 Request for Planning Concessions Related to the Newport 34
Housing Project
It was the consensus of the City Council for staff to do the following:
Through the Master Underground Utility Program that will be coming to the Council in the next few months, the
requirement on the west side of Date Palm Drive for the undergrounding of utilities will be modified.
We will be requiring the ultimate right-of-way but not the ultimate build-out and will evaluate the potential to modify
the General Plan related to the width of Date Palm Road.
Staff will be working on codifying the density bonusses and standards and add other language for clarification.
2.C. 2016-306 35th Anniversary Banner Program on East Palm Canyon Drive
It was the consensus of the City Council to support the proposed 35th Anniversary Banner Program for East Palm
Canyon Drive in Downtown Cathedral City.
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City Council Study Session STUDY SESSION August 10,2016
2.D. 2016-304 Fix Our Roads Coalition
It was the consensus of the City Council to support the Fix Our Roads Coalition.
2.E. 2016-297 Presentation on the current status of the Ramon Road Bridge
Widening Project
John Corella, City Engineer,gave an overview of the status of the Ramon Road Bridge and Widening Project.
2.F. 2016-296 Presentation on designated "No Parking" zones on Perez Road
between Cathedral Canyon Drive and Date Palm Drive.
Karen Panico-Willis, Cathedral City, stated designating no parking zones on Perez Road would benefit the
businesses on Perez, however not allowing any parking would kill the businesses.
Simeon Den, Cathedral City, was called to speak. He feels that Perez Road is not car or pedestrian friendly at
all. He suggested that the gated path behind the businesses be utilized.
It was the consensus of the City Council to direct staff to move forward with coming up with a preliminary design
and cost to make Perez Road more pedestrian and business friendly.
3. CLOSED SESSION
The City Council will go into Closed Session during the Regular City Council Meeting to discuss the Closed
Session items listed on the Agenda.
3.A. 2016-268 Conference with Real Property Negotiator Pursuant to Government
Code Section 54956.8.
Property Location: Approximately 13.8 acres at the Northwest Corner of
East Palm Canyon Drive and Date Palm Drive.
Negotiating Parties: City of Cathedral City as Successor Agency to the
former Redevelopment Agency and the City Urban Revitalization
Corporation,
Property Owners: City Urban Revitalization Corporation
Under Negotiations: Property Negotiations
3.B. 2016-298 Conference with Real Property Negotiator Pursuant to Government
Code Section 54956.8.
Property Location: Approximately 3 acres at the Southwest Corner of
East Palm Canyon Drive and West Buddy Rogers Drive; APN's
687-193-003 & 004; 687-193-007 through 010; 687-195-002 through 010
and 687-195-012.
Negotiating Parties: City of Cathedral City as Successor Agency to the
former Redevelopment Agency, the City Urban Revitalization Corporation,
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City Council Study Session STUDY SESSION August 10,2016
Tri-Vestco and Guy Whitten
Property Owners: City Urban Revitalization Corporation and Guy Whitten
Under Negotiations: Property Negotiations
3.C. 2016-300 Conference with Real Property Negotiator Pursuant to Government
Code Section 54956.8.
Property Location: A.P.N. 687-510-049 and 687-501-050, Parcels 6
and 7, Margot Murphy Way.
Negotiating Parties: City of Cathedral City and the City Urban
Revitalization Corporation.
Property Owners: City Urban Revitalization Corporation
Under Negotiations: Property Negotiations
3.D. 2016-301 Conference with Legal Counsel - Anticipated Litigation, Pursuant
to Government Code Section 54956.9 (a)and (d)(4):
One Potential Case
ADJOURN
Mayor Stan Henry adjourned the Study Session Meeting of August 10, 2016 at 6:26 p.m.
STANLEY E.HENRY, Mayor
ATTEST.:
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GARY_HO ELL, City Cl-i +
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Cathedral City
CITY COUNCIL
MINUTES
CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234
Wednesday, August 10, 2016 REGULAR MEETING 6:30 PM
• CALL TO ORDER
Mayor Stan Henry called the Regular Meeting of the City Council to order at 6:35 p.m.
• PLEDGE OF ALLEGIANCE
Council Member John Aguilar led the Pledge of Allegiance.
• INVOCATION (MOMENT OF REFLECTION)
Council Member Mark Carnevale offered the Invocation.
• ROLL CALL
Present: 5- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis, Council Member Shelley Kaplan, Council
Member Mark Carnevale, and Council Member John Aguilar
• AGENDA FINALIZATION
• STATEMENT OF PARTICIPATION BY THE DEPUTY CITY CLERK
1. PUBLIC COMMENT
Primitivo Trujillo, Cathedral City, was called to speak. He reported that Ocotillo Park is a great addition to his
neighborhood and he feels that the design of the park has something for everyone and is exactly what the
neighborhood needed. He stated that the park gets used by all ages. He stated that there is a problem with
graffiti,however, the residents are working together along with the City and they are interested is holding
neighborhood watch meetings. He feels that there may be a need of drought tolerant trees in the future. He
would like to have a community clean-up day in the fall. He thanked the Council for the park.
2. CONSENT AGENDA
Approval of the Consent Agenda
A motion was made to approve the 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
2.A. 2016-307 Receive and file Payment of Claims and Demands
This item was approved.
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City Council REGULAR MEETING August 10,2016
Enactment No: M.O.6617
2.B. 2016-310 City Council Minutes of June 20, 2016,June 29, 2016 and July 13,
2016
This item was approved.
2.C. 2016-258 2016-2017 California Office of Traffic Safety(OTS) Selective Traffic
Enforcement Program (STEP) Grant
This item was approved.
Enactment No: M.O. 6618
2.D. 2016-289 Award a Contract to Westcon Construction Group, Inc.for the
Construction of ADA Ramp Improvements along Vista Chino, 30th
Avenue and McCallum Way in the amount of$62,890 and related
costs.
This item was approved.
Enactment No: M.O.6620
2.E. 2016-291 Payment to the Coachella Valley Conservation Commission
(CVCC)for the Cathedral Canyon Drive Bridge Conservation
Easement Endowment
This item was approved.
Enactment No: M.O.6621
2.F. 2016-292 Contract award to Hardy& Harper, Inc. in the amount of$939,000
for Construction of the Date Palm Drive/Cathedral Canyon Drive
Pavement Rehabilitation Improvements
This item was approved.
Enactment No: M.O.6622
2.G. 2016-293 Permitting of Tobacco Retailers
This item was approved.
Enactment No: Ord 780
2.H. 2016-294 Amendment Four to AB 2766 Memorandum of Understanding
(MOU) between CVAG and Member Jurisdictions regarding the
Regional PM10 Street Sweeping Program
This item was approved.
Enactment No: M.O.6623
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City Council REGULAR MEETING August 10,2016
2.1. 2016-295 Agreement with the City of Palm Springs for the Construction and
Maintenance of the Cathedral City Whitewater Bike Path.
This item was approved.
Enactment No: M.O. 6624
2.J. 2016-302 Approval of the Final Map of Parcel Map No.36584 located at the
Southwest Corner of San Luis Rey Drive and Mission Drive.
This item was approved.
Enactment No: M.O.6625
2.K. 2016-303 Healing Field 2016
This item was approved.
Enactment No: M.O. 6626
2.L. 2016-305 CCHS Annual Homecoming Parade
This item was approved.
Enactment No: M.O.6627
3. PUBLIC HEARINGS
4. LEGISLATIVE ACTIONS
4.A. 2016-299 Submission to the Voters of a Question Proposing to Change from
a General Law City to a Charter City
City Manager Charles McClendon, indicated that the latest draft with all of the revisions that been directed and it
is before the City Council again to receive public comments and make final edits and provide direction to staff on
how to proceed.
Denise Cross, Cathedral City, was called to speak. She questioned the following:
Will the fines remain the same as in General Law?
Can the Charter be changed by Council or voters?
Can the Council raise property taxes?
Randy i Vinbiggler, Cathedral City, was called to speak. He stated that it would be nice to see a woman on the
City Council. He has concerns with eliminating the directly elected Mayor seat and Council's ability to give
themselves annual CPI increases through the adoption of a City Charter. The survey results indicate that
residents do not want to eliminate the directly elected Mayor seat. He stated that citizens are just now finding out
about the proposed charter and many residents are asking that the Charter question be postponed until a later
date when the residents can be more educated. They are also asking to take out the Directly Elected Mayor Seat
and allow the residents to vote on it seperately.
Bethany Ballard, Cathedral City, was called to speak. She indicated that she is opposed to becoming a Charter
City. She stated that she feels there are no provisions for the following:
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City Council REGULAR MEETING August 10,2016
transparency or citizen oversight
residents to have a greater voice
protection of private property
preservation of US Constitutional rights
amending or revoking the Charter
against corporate takeover of City assets
unfair policies, ordinances, codes or zonging changes
to elected Mayor, Clerk or Manager
effective way to reach the residents with city news for major changes
She feels that the Charter if about the following:
economic development
urbanization
more big businesses
more multi-family developments and apartment buildings
more people
She also feels that the survey misrepresented what the Charter is.
Dale Jag, Cathedral City, was called to speak. He feels that the people need to be allowed to participate in the
creation of the City Charter. In reviewing the Charter he along with other residents have found many areas of
concern and referred to the City of Bell and the issues that presented themselves with them being a Charter City.
He expressed his concern with eliminating the Directly Elected Mayor Seat. He urged the Council to postpone the
Charter question.
Shilo Herrling, Cathedral City, was called to speak. He feels that this is an important issue that should be
completely reviewed with community input. He would like to see this question postponed and if not to please
consider the following:
The Directly Elected Mayor Seat as a seperate ballot question
Who will set limits on fees for members sitting on boards and commissions, etc.
He urged the Council to re-think this issue.
Sandy Ramsey-Woods, President, AFSCME Local 3961, was called to speak. She indicated that they have
reviewed the proposed language for the Charter and have serious concerns about Article II, Contract, Public
Financing and Franchises. On behalf of AFSCME Local 3961,she requested that the following language be
inserted in Section 200 as part(A) "The City shall utilize its own forces in carrying out the business of the City
and will not enter into contracts for the performance of work where those services are of a kind that City
employees could perform adequately and competently, with reasonable training if necessary, unless the work is
specialize or will last less than six months in total duration."
Antonio Bacio, Cathedral City, was called to speak. He indicated that he supports moving forward as a Charter
City.
Alan Carvalho, Cathedral City, was called to speak. He indicated that he supports moving forward as a Charter
City.
Karen Panico-Willis, Cathedral City, was called to speak. She indicated that she has participated in discussion
on the City Charter. She feels that becoming a Charter City should be voted on by the people.
Mayor Pro Tem Greg Pettis, announced that the Firefighters Association is in support of AFSCME's
recommendation.
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City Council REGULAR MEETING August 10,2016
Mayor Stan Henry, stated that there has been many meetings regarding the proposed City Charter. He indicated
that a list of FAQ's were prepared by the City Attorney and he requested that the City Attorney read them out loud
for the record.
City Attorney Eric Vail read the following:
1. Does the Charter give the City any additional eminent domain powers?
No. The eminent domain powers of general law and charter cities are identical. Article I, Section 19 of the
California Constitution and the Eminent Domain Law(Code of Civil Procedure section 1230.010 et seq.)govern
the use of eminent domain powers and apply to all state and local agencies. The courts have held that eminent
domain is a matter of statewide concern.
2. Does the Charter give the Council the ability to raise their salaries?
No. The charter sets the Council's salary at what it is today and provides for annual automatic adjustments equal
to Consumer Price Index(CPI),but not to exceed 3%annually. The charter does not authorize the Council to
take any action to increase its salary beyond the CPI adjustments. The charter also requires an automatic
decrease in Council salaries that match decreases experienced by any employee bargaining group.
3. Does the Charter give the Council any additional taxation powers?
No. The charter expressly states in Section 102 that the charter does not confer an increased power to tax, and
the City's power to tax is limited to the powers of general law cities.
4. Does the Charter give the Council the ability to spend public money advocating for City ballot measures?
No. While the expenditure of tax dollars is a`municipal affair"and the courts have held that a charter may include
provisions authorizing public financing of campaigns, the proposed charter for Cathedral City does not contain
such a provision. Therefore, the City will still be subject to the rule that public resources cannot be used in
campaigning.
5. Can the Council amend the Charter by their own actions?
No. The charter is a voter-approved document and can only be repealed or amended by a vote of the people.
6. Under the Charter does the Council have additional power to levy fees and fines?
Yes as to fines, and no as to fees. All local agencies, including charter cities, are subject to the limitations in
Articles 13C and 13D of the California Constitution on setting fees. Fees may not exceed the agency's
reasonable costs. Charter cities may set fines for violations of city regulations at amounts higher than general
law cities may set fines. Section 103 of the proposed charter allows the City Council to determine the maximum
fines that may be levied for violations of City regulations.
7. How will public procurement and contracting work under the Charter?
For public works projects, the City will no longer be required to follow the procedures in the Public Contracts
Code. Sections 200 and 201 of the charter provide that the City will have the power to establish standards,
procedures, rules or regulations relating to public works contracts and purchases of goods,services and property.
8. Does the Charter give the City the ability to avoid prevailing wage laws?
No. The Legislature has determined that for a charter city to receive any state funding for public works projects,
the charter city must pay prevailing wages. Therefore, Cathedral City must pay prevailing wages on all public
works projects or else risk losing significant funding.
He added that the Charter does not allow for any additional compensation for Council participation on
commissions or committees.
Mayor Stan Henry asked that the following language be added to the Charter as Section 104. The City recognizes
and values the work performed by its employees and will endeavor where deemed reasonably feasible by the City
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City Council REGULAR MEETING August 10,2016
Council to utilize the labor of its employees for the performance of general municipal services. Mindful of
Government Code Sections 34800, 34900 and 54981, as well as the provisions of the Meyers, Millias Brown Act,
the City shall not contract with any public or private entity for services performed by employees if tge City as of
the adoption date of the Charter without first undertaking a meet and confer process with the affected employees
or where represented, their recognized bargaining group regarding both the decision to contract the service and its
effects. Notwithstanding the forgoing, nothing in this section in intended to limit the authority of the City Council
to contract for services in the following circumstances: (1)temporary services during a declared emergency;(2)a
service to provide temporary employees to fill a vacancy during the recruitment to fill the vacancy;(3)for
professional or specialized service including without limitation legal counsel, auditing,real estateservices,
financial advisors, and similar services;(4)insurance, bonding or participation in shared risk pools;(5)
participation in joint powers authorities providing services in addition to or outside or general municipal services;
(6)local or regional task forces in which multiple jurisdictions combine employees and or contractors to provide a
specific service or function.
Mayor Pro Tem Greg Pettis suggested including language that contracts come back to the City Council for
approval.
Shilo Herding, Cathedral City, was called to speak. He thanked the City Council answering the questions that he
had.
Tyrone Pearson, Cathedral City, was called to speak. He suggested having a provision for pensions included in
the Charter.
Valerie Schechter, Cathedral City, was called to speak. She stated that she is in favor of a rotating Mayor and
the Charter.
Denise Cross, Cathedral City, was called to speak. She questioned again if fines and penalties are included in
the Charter.
City Attorney Eric Vail, stated that the Charter does not have a provision to raise or impose taxes and as a
Charter City they have no more right to impose taxes than a General Law City.
Mayor Stan Henry, indicated that he is the one that brought forward eliminating the Directly Elected Mayor Seat
and explained why. He suggested that a lifetime cap be added to Section 605 and that it be set at a maximum of
$2,500. He suggested that the year 2022 be added to Section 601 as the year to go to district elections if the
City has not met the 65,000 population threshold at that time. He would like the process of the rotating Mayor to
be adopted by Ordinance.
Mayor Pro Tem Greg Pettis, stated that he is in favor of having a Rotating Mayor. He stated that he is
comfortable with the changes that were proposed by Mayor Henry.
Council Member John Aguilar, stated that he is in favor of all of the proposed amendments this evening. He feels
very strongly that the City go to district elections. He supports having a rotating Mayor.
Council Member Shelley Kaplan, appreciates the input of the community. He indicated that he was a member of
the sub-committee. He stated that the Charter is simple and only focusses on key areas. The residents have
the power to vote in favor or opposed to becoming a Charter City. He supports the additional language that was
proposed this evening.
Council Member Carnevale, stated that he is in favor of becoming a Charter City. He thanked all those who came
forward to express their concerns and suggestions.
City Attorney Eric Vail stated that the following would be the edits that will be made to the Charter based on the
comments that were made during the meeting:
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City Council REGULAR MEETING August 10,2016
Add Section 104 as it was read into the record by the Mayor with the inclusion of language that any contract shall
be brought to the City Council at a regular meeting for consideration.
Edit Section 203 to add single-family.
Edit Section 601 to add subsection(b)or the regular general municipal election held in 2022, whichever is the first
to occur.
Edit Section 603 to add rotating to the first sentence. Also add language that states the process for appointing
the Mayor and Mayor Pro Tem shall be implemented by Ordinance.
Edit 605 to add not to exceed a maximum of$2,500 per month.
A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Kaplan,to approve a
Resolution of the City Council of the City of Cathedral City ordering the submission to the qualified
electors of the City a Measure proposing the adoption of a Charter for the City at the General
Municipal Election to be held on Tuesday,November 8,2016.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
5. COUNCIL REPORTS
Council Member John Aguilar, announced that a community hearing on the Development of the City's Community
Assessment for Fair Housing Document will be held on August 11, 2016. This is an important document that is
used to receive Federal Funding.
Council Member Shelley Kaplan, announced the DATA Program is looking for mentors.
Mayor Stan Henry, reported that he went to Sacramento to testify in support of the Agua Caliente Tribe Compact.
6. CLOSED SESSION
Eric Vail, City Attorney announced that the City Council will adjourn to Closed Session to discuss the items listed
on the Agenda.
The City Council adjourned to Closed Session at 8:32 p.m.
6.A. 2016-268 Conference with Real Property Negotiator Pursuant to Government
Code Section 54956.8.
Property Location: Approximately 13.8 acres at the Northwest Corner of
East Palm Canyon Drive and Date Palm Drive.
Negotiating Parties: City of Cathedral City as Successor Agency to the
former Redevelopment Agency and the City Urban Revitalization
Corporation,
Property Owners: City Urban Revitalization Corporation
Under Negotiations: Property Negotiations
6.B. 2016-298 Conference with Real Property Negotiator Pursuant to Government
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City Council REGULAR MEETING August 10,2016
Code Section 54956.8.
Property Location: Approximately 3 acres at the Southwest Corner of
East Palm Canyon Drive and West Buddy Rogers Drive; APN's
687-193-003 & 004; 687-193-007 through 010; 687-195-002 through 010
and 687-195-012.
Negotiating Parties: City of Cathedral City as Successor Agency to the
former Redevelopment Agency, the City Urban Revitalization Corporation,
Tri-Vestco and Guy Whitten
Property Owners: City Urban Revitalization Corporation and Guy Whitten
Under Negotiations: Property Negotiations
6.C. 2016-300 Conference with Real Property Negotiator Pursuant to Government
Code Section 54956.8.
Property Location: A.P.N. 687-510-049 and 687-501-050, Parcels 6
and 7, Margot Murphy Way.
Negotiating Parties: City of Cathedral City and the City Urban
Revitalization Corporation.
Property Owners: City Urban Revitalization Corporation
Under Negotiations: Property Negotiations
6.D. 2016-301 Conference with Legal Counsel - Anticipated Litigation, Pursuant
to Government Code Section 54956.9 (a)and (d)(4):
One Potential Case
The City Council reconvened at 9:15 p.m.
Eric Vail, City Attorney, announced that the City Council met in Closed Session to discuss the following:
Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 for the following:
6A. Property Location: Approximately 13.8 acres at the Northwest Corner of East Palm Canyon Drive and Date
Palm Drive.
Negotiating Parties:City of Cathedral City as Successor Agency to the former Redevelopment Agency and the
City Urban Revitalization Corporation,
Property Owners: City Urban Revitalization Corporation
Under Negotiations: Property Negotiations
68. Property Location: Approximately 3 acres at the Southwest Corner of East Palm Canyon Drive and West
Buddy Rogers Drive;APN's 687-193-003&004;687-193-007 through 010;687-195-002 through 010 and
687-195-012.
Negotiating Parties:City of Cathedral City as Successor Agency to the former Redevelopment Agency, the City
Urban Revitalization Corporation, Tri-Vestco and Guy Whitten
Property Owners: City Urban Revitalization Corporation and Guy Whitten
Under Negotiations: Property Negotiations
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City Council REGULAR MEETING August 10,2016
6C. Property Location: A.P.N. 687-510-049 and 687-501-050, Parcels 6 and 7, Margot Murphy Way.
Negotiating Parties:City of Cathedral City and the City Urban Revitalization Corporation.
Property Owners: City Urban Revitalization Corporation
Under Negotiations: Property Negotiations
6D. Conference with Legal Counsel-Anticipated Litigation, Pursuant to Government Code Section 54956.9(a)
and(d)(4):
One Potential Case
There was no reportable action taken.
ADJOURN
Mayor Stan Henry adjourned the Regular City Council Meeting of August 10, 2016 at 9:15 p.m.
STANLEY E. HENRY, Mayor
ATTEST
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` GARY F. HOWELL City Cl• k
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