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Home My WebLink AboutCC Minutes 2019-06-12 AACITY COUNCIL MINUTES Cathedral City Study Session Wednesday, June 12, 2019 4:30 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • CALL TO ORDER The meeting was called to order at 4:30 PM by Mayor Mark Carnevale. • ROLL CALL Attendee Name Title Status Arrived Mark Carnevale Mayor Present 4:30 PM John Aguilar Mayor Pro Tem Present 4:30 PM Raymond Gregory Councilmember Present 4:30 PM Ernesto Gutierrez Councilmember Present 4:30 PM • AGENDA FINALIZATION • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT There were no members of the public that wanted to address the City Council. 2. STUDY SESSION A. Results of Upper Cove Street Light Survey Recommendation: Results will be presented from City Staffs polling of residents in the Upper Cathedral City Cove on the question of keeping and/or removing the existing street lights. The presentation is for information, discussion and direction. John Corella, Director of Engneering/Public Works, presented the results from the polling of residents in the Upper Cathedral City Cove on the question of keeping and/or removing the existing street lights. He reported that of the 51 homes surveyed, 75% (38 of 51) of the residents responded with the remaining 25% (13 of 51) of the residents neither answered the door nor responded to the mailed out surveys. He stated that 16% (8 of 51) of the residents wished to remove either all the lights or some of the lights. The remaining 84% (43 of 51) opined to keep the lights on as-is or did not respond. Bradley Giles, Cathedral City resident, was called to speak. He expressed his concern with the results of the survey that was done by the City. He feels that the question of who would pay for the removal of the street lights scared the residents that were surveyed and may have affected the survey results. He encouraged the Council to wait until the District One Council Member is seated before making a decision. Ronald Winter, Cathedral City resident, was called to speak. He stated that he supports the removal of the street lights in the Upper Cove. He stated that he faxed in his survey and wanted to confirm that his response was counted. He clarified that he wants the lights turned off, however, he does not want to pay for the removal. Alan Carvalho, Cathedral City resident, was called to speak. He encouraged the Council to vote on this once the District One Council Member is seated. He would like to see the lights triggered by motion or other solutions considered. He expressed his desire to see dark skies. Bruce Lederer, Cathedral City resident, was called to speak. He stated that he understands the safety issues of not having lights, however, shields have given the necessary lighting that is needed. There is a street light that shines directly into his bedroom and he feels that there are solutions that can help everyone. Mayor Pro Tem Aguilar would like to wait until after the District One Council Member is seated. Mayor Carnevale does not have a problem with waiting until the District One Council Member is seated and will do what is the pleasure of the Council. Councilmember Gregory feels that it is not necessary to take action at this time. If in the future the District One Council Member wants to bring discussion forward they can. Councilmember Gutierrez stated that the results of the survey speak for themselves and feels that the Council does not need to take any action at this time. It was the consensus of the City Council to not take any action at this time and see if the Council Member from District One, once seated, would like to revisit this issue. B. Update-Short-Term Vacation Rental Program Recommendation: This item is presented for information, discussion and direction only. Tam Scott, Administrative Services Director, provided an update on the Short- term Vacation Rental Program. Cathedral City Page 2 Printed on 6/20/2019 Robert Rodriguez, Director of Planning/Building, gave an overview of the process for compliance and complaints related to the Short-term Vacation Rental Program. Dean OConner, Cathedral City resident, was called to speak. He stated that he has short term vacation rentals on both sides of his residence. He is having quality of life issues due to the short-term vacation rentals and would like to see a moratorium put in place and increase the compliance. Terri Hargreaves, Cathedral City resident, was called to speak. She urged the Council to place an immediate moratorium on issuing any future short-term vacation rentals until the City has conducted a comprehensive study, with ample citizen input. This will ensure sure short-term vacation rentals do not destroy the residential character of Cathedral City neighborhoods. Danny Lee, Cathedral City resident, was called to speak. He expressed his concern with the short-term vacation rental program and the communication process between residents, realtors and HOA's. He also expressed his concern with the saturation of short-term vacation rentals in neighborhoods. He encouraged the Council to reevaluate the program. Ed Emond-Worline, Cathedral City resident, was called to speak. He stated that he supports a moratorium on short-term vacation rentals. He feels that the City is becoming very dense in terms of short-term vacation rentals. He feels that the neighborhoods that have CC&R's prohibiting short-term vacation rentals are life savers for them. He feels that the quality of life is being degraded because of these rentals. He also feels that Code Compliance takes the soft approach and should take a harder approach and utilize the stiff fines that were put into place. Sara Keskey, Cathedral City resident, was called to speak. She shared her experiences with a short-term vacation rental property behind their house. She feels this short-term vacation rental property is intrusive. She feels the hotline is not consistent and the current system is not working. Residents are not happy. Bob Hargreaves, Cathedral City resident, was called to speak. He stated that they have been happy residents of Cathedral City for more than 30 years until about 8 months ago. They now have a short-term vacation rental property behind them that has impacted their quality of life. Over time they have worked with the property manager to mitigate some of the issues. He feels that having too many short-term vacation rentals in one area destroys the character of the neighborhood and it is no longer a neighborhood. John Rivera, Cathedral City resident, was called to speak. He stated that he is not affected by short-term vacation rentals, however, he can appreciate the comments that have been made. He feels that it is worth reexamining the rules in order to make this work. Councilmember Raymond Gregory stated that based on what the Council has heard tonight there are serious concerns and it is definitely a problem. He feels that we need to re-open this issue and have the Task Force begin reviewing the Cathedral City Page 3 Printed on 6/20/2019 items that were brought up to ensure that we have good neighborhoods. The Task Force should keep in mind that while we want to maintain balance, the concern of the residents should remain the priority and considered. Mayor Pro Tern Aguilar would like to see the Short-Term Vacation Rental Task Force meet and discuss the issues that have been raised and make recommendations to the City Council. He stated that he does not support a moratorium at this time. Councilmember Ernesto Gutierrez feels that there is a hardship on residents that live in neighborhoods where there are many short-term vacation rentals. He feels that we are not looking out for our residents and would like to see the Code revisited. He would like to place a moratorium on any pending and future short- term vacation rentals until the Task Force has an opportunity to meet and bring back recommendations to the City Council. Mayor Mark Carnevale stated that quality of life and property value is very important. He stated that he does not have a problem with a moratorium and sees this as a serious issue that needs to be addressed. It was the consensus of the City Council to direct staff to reconstitute the Short- Term Vacation Rental Task Force to discuss the issues that have been brought forward and to bring back their recommendation to the City Council. The Council also directed staff to bring back a proposal for a moratorium on short-term vacation rentals for discussion at the June 26, 2019, Meeting. C. Discussion on illegal dumping within the City limits Recommendation: This presentation will be made on the current state of illegal dumping within the City limits, how it is currently managed, funding options and potential policies. This presentation is for City Council information, discussion and direction. John Corella, Director of Engineering/Public Works, presented the current state of illegal dumping within the City limits, how it is currently managed, funding options and potential policies. He indicated that staff has been exploring a contract with Burrtec for the removal of illegal dumping. Councilmember Raymond Gregory feels that the clean-up of illegal dumping is a city service, which the City has been doing. We need to have an organized way to remove the waste and manage it fiscally and safely. He also feels that efforts should be continued to promote the reporting of illegal dumping and to end it. Councilmember Ernesto Gutierrez feels that it is a combination of things that need to take place. Property owners need to be responsible, increase fines and enhance code enforcement. Mayor Pro Tern John Aguilar stated that he supports what other members of the Council have stated. He feels that it is the City's responsibility to clean-up the illegal dumping. Mayor Mark Carnevale concurred. Cathedral City Page 4 Printed on 6/20/2019 Dave Lamb, Cathedral City resident, was called to speak. Suggested having a weekend drop off day for tires so more residents have an opportunity to take advantage of the program. An item will be on the June 26, 2019, Regular Meeting Agenda related to Burrtec Rates, along with that item, staff will present an option to be considered for a contract with Burrtec for the illegal dumping pick-up. D. Revised Start Time for Study Session Recommendation: This item is presented for information, discussion and direction only. This item was continued to the June 26, 2019, Study Session Meeting. E. Discussion on Historic Preservation Committee Recommendation: Staff recommends the City Council consider options for a Historic Preservation Committee and provide direction to staff. Paul Wilson, Fire Chief, provided the background on the Historic Preservation Committee. He recommended the following three options and requested that the City Council provide direction to staff on how to proceed with the Committee: Option Number 1: Direct staff to form a Historic Preservation Ad Hoc Task Force of three or four members, elected by the City Manager, to discuss the next steps for historic preservation, finalize a historic preservation ordinance and prepare options for a stand alone committee or an existing commission to address historic preservation. Mayor Carnevale has spoken with John Rivera, who served on the previous task force and he indicated a willingness to serve in this capacity. The Committee's work can most likely be completed in six months or less. Option Number 2: Direct staff to schedule Council interviews of Historic Preservation Committee applicants and Council would formally appoint a Historic Preservation Committee, as outlined in City Ordinance 821 and Municipal Code Chapter 2.31. Option Number 3: Direct staff to amend the language in Ordinance 821 and the Municipal Code Chapter 2.31 to remove the requirement for a stand-alone Historic Preservation Committee and recommend which existing commission should review historic preservation items. John Rivera, Cathedral City resident, was called to speak. He thanked the Council for considering this item. He indicated that whichever choice the Council makes he would just like to see the committee move forward so there is something in place to protect properties of historic nature. Denise Cross, Cathedral City resident, was called to speak. She expressed her concern with the Kaplan Chen Kaplan Report. She feels that it is not accurate and it should not be used. She supports Option Number 3. Cathedral City Page 5 Printed on 6/20/2019 vim Mayor Pro Tern John Aguilar indicated his support for Option Number 2. Councilmember Ernesto Gutierrez indicated his support for Option Number 3 Councilmember Raymond Gregory indicated his support for Option Number 2. He stated that the issue he has is having individuals who serve on multiple commission/committees. Mayor Mark Carnevale indicated his support for Options 2. He stated that he would like to see more people involved. It was the consensus of the City Council to move forward with Option Number 2 and to re-advertise the seats on the Historic Preservation Committee, accept applications and interview individuals for potential appointment at a future Council Meeting. 3. CLOSED SESSION All Closed Session Items will be heard during the Regular City Council Meeting of June 12, 2019, and will be reflected in those minutes. A. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property Location: Approximately 13.5 acres south of East Palm Canyon Drive at Date Palm Drive Negotiating Parties: City of Cathedral City as the Successor Agency to the former Redevelopment Agency and the City Urban Revitalization Corporation Property Owner: City Urban Revitalization Corporation Under Negotiations: Price and Terms for potential sale of real property B. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property Location: Approximately 1.8 acres bounded by Avenida Lalo Guerrero on the north, George Montgomery Trail on the east, East Palm Canyon on the south and CV Rep Theater on the west with an APN 687-475-001. Negotiating Parties: City of Cathedral City and General Hotel Corporation Property Owner: City of Cathedral City Under Negotiations: Price and Terms for a potential sale of real property C. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: AFSCME - The American Federation of State, County and Municipal Employees CCPOA - Cathedral City Police Officers Association CCPMA - Cathedral City Police Management Association CCPFA - Cathedral City Firefighters Association CCFMA - Cathedral City Fire Management Association D. Conference with Legal Counsel -Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Cathedral City Page 6 Punted on 6/20/2019 Number of Potential Cases: One ADJOURN Mayor Mark Carnevale adjourned the Study Session Meeting at 6:54 p.m. aziPira'QA- ., 4 4 A. AI •C_14 Mayor, 'ty of Cathedral City City Clerk, jh'ty of C-rthedral City; > Cathedral City Page 7 Printed on 6/20/2019 44 CITY COUNCIL Cathedral City MINUTES Regular Meeting Wednesday, June 12, 2019 6:30 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • CALL TO ORDER The meeting was called to order at 7:03 PM by Mayor Mark Carnevale. • PLEDGE OF ALLEGIANCE Mayor Pro Tem John Aguilar led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Ernesto Gutierrez offered the Invocation. • ROLL CALL Attendee Name Title Status Arrived Mark Carnevale Mayor Present 7:03 PM John Aguilar Mayor Pro Tern Present 7:03 PM Raymond Gregory Councilmember Present 7:03 PM Ernesto Gutierrez Councilmember Present 7:03 PM • AGENDA FINALIZATION • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT Dale Jag, Cathedral City resident, was called to speak. He referred to the City Council Minutes of June 26, 2017, and requested that the motions related to item 4A. be reviewed and amended, if indeed they are incorrect. He also stated that Mr. Kaplan should have recused himself from the vote. Brad Anderson, Rancho Mirage resident, was called to speak. He reported that the West Nile Virus has been located in various locations throughout the Valley and 1 feels that it is due to Coachella Valley Mosquito and Vector Control being irresponsible. Shelley Kaplan, Cathedral City resident, was called to speak. He stated that the item that Mr. Jag referred to in the minutes of June 26, 2017, he received legal opinion prior to him voting. Rita Lamb, Cathedral City resident, was called to speak. She reported that the Evening Rotary First Annual Golf Tournament was a great event. 2. COUNCIL REPORTS Councilmember Ernesto Guierrez reported that he attended the Memorial Day Services at Forest Lawn and Desert Memorial Park. It was a great way to remember all those who have lost their lives for this Country. He also attended the Oasis Awards. He also reported that he met with residents from the City to discuss issues related to property lines, code compliance, short-term vacation rentals and traffic concerns. Mayor Pro Tem John Aguilar also attended the Memorial Day Events and the Oasis Awards. The Mary Pickford Theater won the Sustainability Award. He attended the Vocal Banquet Awards and the Desert Contractors Association Scholarship awards, where two high school students from Cathedral City High School received awards. He attended ribbon cuttings for Los Arcos and Daniel's Table. He also attended the Shelter from the Storm Board Meeting. Councilmember Raymond Gregory announced that he was able to attend many of the events that have already been mentioned. He also announced that he attended the CVAG Transportation Committee and the Riverside County Transportation Commission. He reported that Highway 60 is under construction in the bad lands and urged drivers to avoid it if at all possible from now until the end of December. He reported that he also attended the CVAG Public Safety Committee Meeting where they received an update from Riverside County on the asylum seekers humanitarian assistance that is going on. It was very clear that it is quite a crisis that it going on for the County. Releases are happening every day in the Valley. The County and churches have really stepped up to help with the crisis. He reminded everyone that Father's Day is coming this weekend. He requested that the City Council meeting be adjourned in honor of Laurie Holk, Vice-Chair of the Planning Commission who recently passed away, it is a tragic loss for the community. Mayor Mark Carnevale reported that he attended the Sunny Sands grand opening, we should all be proud of the school. He also attended the grand opening of Daniel's Table. He also reported that for the past two weeks he has been working with Supervisor Perez, Greg Rodriguez and others on securing a cooling center for the homeless. The Cathedral City library has been suggested but the approval from the County is still required. He reported that he and Mayor Pro Tem Aguilar will be attending the League of California Cities Conference next week. 3. CONSENT AGENDA Cathedral City Page 2 Printed on 6/18/2019 A motion was made by Councilmember Gutierrez and seconded by Councilmember Gregory to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Raymond Gregory, Councilmember AYES: Mark Carnevale, John Aguilar, Raymond Gregory, Ernesto Gutierrez A. Minutes Approval M.O. 2019-61 1. City Council -Study Session -Apr 10, 2019 3:30 PM 2. City Council - Regular Meeting -Apr 10, 2019 6:30 PM 3. City Council -Special Meeting -Apr 23, 2019 9:00 AM 4. City Council - Study Session -Apr 24, 2019 4:30 PM 5. City Council - Regular Meeting -Apr 24, 2019 6:30 PM 6. City Council - Study Session - May 8, 2019 4:00 PM 7. City Council - Regular Meeting - May 8, 2019 6:30 PM 8. City Council -Study Session - May 22, 2019 4:30 PM 9. City Council - Regular Meeting - May 22, 2019 6:30 PM B. CVRep Loan Modification Recommendation: Staff recommends the Foundation Board authorize a loan modification, extending the original maturity of a construction loan by approximately 9 months M.O. 2019-62 C. Establish the Annual Special Tax for Fiscal Year (FY) 2019-2020 (Rio Vista Village) Recommendation: Staff recommends City Council adopt a Resolution of the Cathedral City Community Facilities District (CFD) No. 2000- 1 (Rio Vista Village) establishing the annual special tax for FY 2019/2020. Reso 2019-18 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS A. Approve the Community Development Block Grant FY 2019 Annual Action Pan for submittal to HUD. Recommendation: Staff recommends that the City Council approve the FY 2019-2020 Annual Action Plan (AAP) for submittal to the Department of Housing and Urban Development (HUD); and, authorize the City Manager, or designee, to execute the required certifications; and, execute all funding agreements and documents consistent with the FY 2019-2020 Annual Action Plan. Cathedral City Page 3 Printed on 6/18/2019 Councilmember Raymond Gregory announced that he would be recusing himself from this item due to a potential conflict of interest. Vincent Lopez, Senior Administrative Analyst, presented the Community Development Block Grant FY 2019 Annual Action Plan for submittal to the Department of Housing and Urban Development(HUD). Mayor Mark Carnevale opened the Public Hearing for comments. There were no members of the public that wished to address the City Council regarding the Community Development Block Grant FY 2019 Action Plan. Mayor Mark Carnevale closed the Public Hearing and returned discussion to the City Council. Councilmember Ernesto Gutierrez requested that consideration be made to find funding to complete the north side of Barristo from Landau to Whispering Palms. M.O. 2019-63 A motion was made by Mayor Pro Tem Aguilar and seconded by Councilmember Gutierrez to approve the FY 2019-2020 Annual Action Plan (AAP) for submittal to the Department of Housing and Urban Development (HUD); and, authorize the City Manager, or designee, to execute the required certifications; and, execute all funding agreements and documents consistent with the FY 2019-2020 Annual Action Plan. RESULT: APPROVED [3 TO 0] MOVER: John Aguilar, Mayor Pro Tern SECONDER: Ernesto Gutierrez, Councilmember AYES: Mark Carnevale, John Aguilar, Ernesto Gutierrez RECUSED: Raymond Gregory 6. LEGISLATIVE ACTIONS A. Greater Coachella Valley Chamber of Commerce 2019/2020 Fiscal Year Service Agreement Recommendation: Staff recommends the City Council approve the Chamber of Commerce Service Provider Agreement for FY19/20, authorize the City Manager to sign the Agreement and approve payment of$60,000 for the agreed-upon services in accordance with the adopted FY19/20 budget. Alan Carvalho, Cathedral City resident, was called to speak. He expressed his satisfaction with the Greater Coachella Valley Chamber of Commerce. Rick Saldivar, Cathedral City resident, was called to speak. He expressed his satisfaction with the Greater Coachella Valley Chamber of Commerce. They are very involved in the community and it is very much appreciated. Josh Bonner, Chief Executive Officer for Greater Coachella Valley Chamber of Commerce, thanked the City for their ongoing partnership. Cathedral City Page 4 Printed on 6/18/2019 M.O. 2019-64 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tern Aguilar to approve the Chamber of Commerce Service Provider Agreement for FY19/20, authorize the City Manager to sign the Agreement and approve payment of$60,000 for the agreed-upon services in accordance with the adopted FY19/20 budget. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: John Aguilar, Mayor Pro Tern AYES: Mark Carnevale, John Aguilar, Raymond Gregory, Ernesto Gutierrez B. Annual Renewal of the Lighting and Landscaping District Budget Recommendation: Staff recommends the City Council hold a public hearing and adopt resolutions approving the final engineer's report and ordering the levy and collection of annual assessments for the sixteen (16) existing benefit zones for the annual renewal of the Lighting and Landscaping District Budget for FY 2019-20. Reso 2019-19 and Reso 2019-20 A motion was made by Mayor Pro Tern Aguilar and seconded by Councilmember Gutierrez to adopt a resolution ordering the levy and collection of assessments within the Street Lighting and Landscape Maintenance District No. 1 for Fiscal Year 2019/2020 and a resolution approving the Final Engineer's Annual Levy Report for the Street Lighting and Landscape Maintenance District No. 1 Fiscal Year 2019/2020 and a budget amendment in the amount of $3,664.38 for Lighting and Landscaping District Zone 18. RESULT: APPROVED [UNANIMOUS] MOVER: John Aguilar, Mayor Pro Tern SECONDER: Ernesto Gutierrez, Councilmember AYES: Mark Carnevale, John Aguilar, Raymond Gregory, Ernesto Gutierrez C. Resolution to amend the Safety Element of the City of Cathedral City General Plan to incorporate the City of Cathedral City Local Hazard Mitigation Plan. Recommendation: Staff recommends the City Council approve a Resolution to adopt the City's Local Hazard Mitigation Plan (LHMP) and authorize its subsequent incorporation into the Safety Element of the City's General Plan in accordance with the provisions of California Assembly Bill 2140 (AB 2140). Alan Carvalho, Cathedral City resident, was called to speak. He suggested that the emergency trailers be placed at various locations throughout the city. Cathedral City Page 5 Printed on 6/18/2019 Reso 2019-21 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Aguilar to approve a resolution approving the Cathedral City Hazard Mitigation Plan and authorizing its subsequent incorporation into the Safety Element of the General Plan in accordance with the provisions of California Assembly Bill 2140 (AB 2140). RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: John Aguilar, Mayor Pro Tern AYES: Mark Carnevale, John Aguilar, Raymond Gregory, Ernesto Gutierrez E. Purchase and Implementation of Computer Aided Dispatch/Records Management System (CAD/RMS) by provider Mark 43 Inc. of New York, NY. Recommendation: Staff recommends the City Council approve the purchase, installation and implementation of Mark43 CAD/RMS software in an amount not to exceed $169,244, payable from Account #611-314-8802; and approve the contract for support and maintenance over a five (5) year subscription term (July 1, 2019 - June 30, 2024) from Mark43, Inc. in a not to exceed amount of$699,624. M.O. 2019-65 A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to approve the purchase, installation and implementation of Mark43 CAD/RMS software in an amount not to exceed $169,244, payable from Account #611-314-8802; and approve the contract for support and maintenance over a five (5) year subscription term (July 1, 2019 - June 30, 2024) from Mark43, Inc. in a not to exceed amount of$699,624. 7. CLOSED SESSION City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the following items listed on the Agenda. A. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property Location: Approximately 13.5 acres south of East Palm Canyon Drive at Date Palm Drive Negotiating Parties: City of Cathedral City as the Successor Agency to the former Redevelopment Agency and the City Urban Revitalization Corporation Property Owner: City Urban Revitalization Corporation Under Negotiations: Price and Terms for potential sale of real property B. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Cathedral City Page 6 Printed on 6/18/2019 610U81/9 uo paauud L abed Ago jeJp011je0 Alla leapau;e. 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