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HomeMy WebLinkAboutCC Min 2018-11-14 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, November 14, 2018 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 Stan Henry. • ROLL CALL Attendee Name Title Status Arrived Stan Henry Mayor Present 4:30 PM Shelley Kaplan Councilmember Present 4:30 PM Mark Carnevale Councilmember Present 4:30 PM Gregory S. Pettis Mayor Pro-Tern Present 4:45 PM John Aguilar Councilmember Present 4:30 PM Mayor Henry stated that Mayor Pro Tem Pettis will be about 15 minutes late, he is coming from another meeting. Motion to excuse the absense of Mayor Pro Tem Pettis A motion was made by Councilmember Carnevale and seconded by Councilmember Kaplan to excuse the absence of Mayor Pro Tern Pettis. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Shelley Kaplan, Councilmember AYES: Stan Henry, Shelley Kaplan, Mark Carnevale, John Aguilar ABSENT: Gregory S. Pettis • AGENDA FINALIZATION Councilmember John Aguilar requested that item 2A. be deferred until Mayor Pro Tern Pettis arrives. • STATEMENT OF PARTICIPATION BY THE DEPUTY CITY CLERK 1. PUBLIC COMMENT There was no one that wanted to address the City Council. 2. STUDY SESSION B. Discussion on Hedge Height Requirements Recommendation: This item is provided for information, discussion and direction only. Robert Rodriguez, Planning Director, gave an overview of the City's existing hedge requirements as well as the requirements of surrounding cities. Councilmember Carnevale stated that he has mixed feelings about hedge requirements and gave examples of why. Councilmember Kaplan stated that one of the residents brought this issue to the Council and that their concern was growing walls limiting their views. Councilmember Aguilar stated that many residential areas have HOA's. The City would not set regulations within those HOA's. He stated that some regulations with regard to height could be implemented, however, the City is short resources and extra regulations would add to the impact on our Code Compliance Officers. He stated that there appears to be a problem in town with abandoned vehicles and requested clarification on what the process is for abandoned vehicles. City Manager Charles McClendon gave an overview of how the Code Compliance Department works indicating that it mostly runs on a complaint basis. Staff does not patrol the City looking for violations. Residents should call and voice their concerns so that staff can look into their concerns. He reminded everyone that there is a process with regards to complaints and that it takes time. Robert Rodriguez, Planning Director, gave an overview on how the abandoned vehicle program works. Mayor Stan Henry stated that if the existing code was to be modified, existing heights, new construction and code enforcement time would need to be considered. Mr. Rodriguez stated that it should go to the ARC first then Planning Commission for consideration. Mayor Henry stated that he is not entirely supportive of amending the ordinance for height, more for health and safety issues. Councilmember Carnevale is not supportive of amending the Ordinance. Councilmember Kaplan, would like to see the Ordinance go through a process through the ARC and Planning Commission approval. He would like something on the books to address concerns should they arise. Cathedral City Page 2 Printed on 7/24/2019 Councilmember Aguilar, stated that he can see some benefit to vetting the issue. Staff will have the ARC and Planning Commission review the Ordinance to see if there should be modifications and then report back to the Council. Mayor Pro Tem Gregory Pettis arrived at the meeting at 4:45 p.m. A. Findings of the Fiscal Impact Analysis and Annexation Study for Cathedral City's Sphere of Influence in the Unincorporated Community of Thousand Palms Recommendation: This item is provided for information, discussion and direction only. Leisa Lukes, Business Development Manager, gave an overview of the background of the City's sphere of influence over Thousand Palms. She then introduced Nicole Criste, Terra Nova, who presented the Thousand Palms Sphere if Influence Fiscal Impact Report that they conducted. Mayor Stan Henry, stated that he feels the analysis is great information. He indicated that there is a significant amount of flood needs and flood control measures that will have to be addressed prior to any development in that area. In order to see a full picture, he would like to get the projections from CVWD on how they will address the flood control needs. Ms. Criste stated that some assumptions regarding the flood issues were included in the analysis. Mayor Pro Tern Greg Pettis questioned if there was any phasing of an annexation taken into consideration when doing the analysis. Ms. Criste, responded in the negative. Mayor Henry stated that he does not see a need to move forward at this time. He feels that it is good to stay current on the information and recommends that an analysis be conducted in future years to stay current. Councilmember Shelley Kaplan, stated that it might be helpful to do an analysis and conversation on the phasing in approach of Public Safety to see if it would make sense financially or to allow for new developers to annex smaller pieces of property. C. Coachella Valley Mosquito and Vector Control District, Board of Trustee Appointment representing Cathedral City Recommendation: Staff Recommends that the City Council discuss how they want to proceed with the appointment to the Coachella Valley Mosquito and Vector Control District Board of Trustee's, representing Cathedral City. The City Council directed staff to advertise the vacancy on the Coachella Valley Mosquito and Vector Control Board of Trustees vacancy and accept applications Cathedral City Page 3 Printed on 7/24/2019 until the close of business on December 27, 2018. Interviews will be held at the first meeting in January 2019 at a time to be determined. 3. CLOSED SESSION Eric Vail, City Attorney announced that the City Council will meet in Closed Session to discuss the following items 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 Property Location: Approximately 2 acres at the southeast corner of West Buddy Rogers and East Palm Canyon Drive. Negotiating Parties: City of Cathedral City as the Housing Successor Agency to the former Redevelopment Agency, and CCD,LLC Property Owner: City of Cathedral City as the Housing Successor Agency to the Former Redevelopment Agency Under Negotiations: Price and Terms for potential sale of real property. C. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property Location: APN: 673-250-001 Negotiating Parties: City of Cathedral City Property Owner: The Charles Company Under Negotiations: Price and Terms for potential sale of real property. D. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Mary H. Garcia V. County of Riverside, et al. USDC Central District Court of California Case Number: 5:18-CV-00839-SJO-AS The City Council adjourned to Closed Session at 5:40 p.m. The City Council reconvened at 6:30 p.m. Eric Vail, City Attorney, announced that the City Council met in Closed session to discuss item 3A. Conference with Real Property Negotiator for approximately 13.5 acres south of East Palm Canyon Drive at Date Palm Drive, item 38. Conference with Real Property Negotiator for approximately 2 acres at the southeast corner of West Buddy Rogers and East Palm Canyon Drive, item 3C. Conference with Real Property Negotiator for APN: 673-250-001, and item 3D. Conference with Legal Counsel for existing litigation for case: Mary H. Garcia V. County of Riverside. There was no reportable action taken. Cathedral City Page 4 Printed on 7/24/2019 ADJOURN Mayor Stan Henry adjourned the Study Session Meeting of November 14, 2018 at 6:30 P.m. 116/1 . Mayor, City of Cathedral City City Clerk, ity of athedral Ci Cathedral City Page 5 Printed on 7/24/2019 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, November 14, 2018 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 6:30 PM by Mayor Stan Henry. • PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilmember Kaplan. • INVOCATION (MOMENT OF REFLECTION) The invocation was offered by Councilmember Carnevale. • ROLL CALL Attendee Name Title Status Arrived Stan Henry Mayor Present 6:30 PM Sheller Kaplan Councilmember Present 6:30 PM Mark Carnevale Councilmember Present 6:30 PM Gregory S. Pettis I Mayor Pro-Tern Present 6:30 PM John Aguilar Councilmember Present 6:30 PM • AGENDA FINALIZATION • STATEMENT OF PARTICIPATION BY THE DEPUTY CITY CLERK 1. PUBLIC COMMENT There were no members of the public that wanted to address the City Council. 2. COUNCIL REPORTS Councilmember Mark Carnevale reported that he attended the Pride Parade in Palm Springs. This was his fourth time participating in the event and he had a great time. He also attended the Cathedral City Cop Citizens on Patrol breakfast at the Date Palm Country Club, which he enjoyed. He indicated that he attended the Roast of Mayor Henry, which was a fun event. He stated that he will be attending the League of California Cities meeting the following week as well as the ribbon cutting at the Roost. He thanked everyone for their support in helping him to get re-elected at the November 2018 Election. He thanked all of the candidates for their participation in the election process. He wished everyone a Happy Thanksgiving. Councilmember John Aguilar reported that he attended the open ceremonies for the 13th annual Healing Fields. He also attended the Roast of Mayor Stan Henry and he thanked those involved for organizing the event. He attended a meeting under the leadership of John Corella at Date Palm Country Club to address the residents concerns and answer questions. He thanked Mayor Stan Henry for his many years of service on the Shelter from the Storm board of directors. Councilmember Shelley Kaplan reported that he attended the Pasta Supremo fundraising event at the Senior Center. He also attended the CVEP economic summit, which was very well presented. He attended a Desert Symphony event and suggested those who are interested in music attend future events. He attended a number of Veteran's Day Events this past weekend. He announced the upcoming Balloon Festival and encouraged everyone to attend. He announced the Annual Transgender Day of Remembrance event on November 20, 2018 at City Hall in Palm Springs. He also announced the Cathedral City Public Arts Commission's Cathedral City Artists' Exhibit on November 26, 2018. He wished everyone a Happy Thanksgiving. Mayor Stan Henry congratulated those who were newly elected to City Council. He announced the upcoming Balloon Festival and gave a brief list of events happening from the morning to the evening and encouraged everyone to participate. He wished everyone a Happy Thanksgiving. 3. CONSENT AGENDA A motion was made by Councilmember Aguilar and seconded by Councilmember Carnevale to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: John Aguilar, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Henry, Kaplan, Carnevale, Pettis, Aguilar A. Minutes Approval 1. City Council - Study Session - Oct 10, 2018 4:30 PM 2. City Council - Regular Meeting - Oct 10, 2018 6:30 PM 3. City Council - Study Session - Oct 24, 2018 4:30 PM 4. City Council - Regular Meeting - Oct 24, 2018 6:30 PM M.O. 7034 B. California Public Employees Retirement System (CaIPERS) Annual Lump Sum Payment Cathedral City Page 2 Printed on 6/19/2019 Recommendation: Staff recommends the City Council authorize an allocation of $1,400,000 to make a lump sum payment to (CaIPERS). M.O. 7035 C. Authorization to Purchase Three Vehicles Recommendation: Staff recommends the City Council authorize the purchase of two 2019 Chevrolet Tahoe's and one Chevrolet Malibu in an amount not to exceed $128,725. M.O. 7051 D. Annual AB 1600 Development Fee Report Recommendation: Staff recommends the City Council approve a resolution accepting the Annual AB 1600 Development Fee Report for the Fiscal Year 2017/18. Reso 2018-52 E. Lease Agreement with Agua Caliente Band of Cahuilla Indians Recommendation: Staff recommends the City Council authorize a lease agreement with the Agua Caliente Band of Cahuilla Indians for approximately 1 acre of land at the southeast corner of Buddy Rogers Avenue and Monty Hall Dr. M.O. 7036 F. Designation of Applicant's Agent Resolution for Non-State Agencies Recommendation: Staff recommends the City Council adopt a Resolution to Designate Authorized Agents for the Purpose of Obtaining Federal Department of Homeland Security Financial Assistance. Reso 2018-53 G. Contract with MVR Consulting to Prepare the Southern California Association of Governments (SCAG) 2018 Sustainable Communities Program Application for Cathedral City Active Transportation Plan (ATP) Recommendation: Staff recommends the City Council authorize the City Manager, to execute a contract with MVR Consulting to provide services to prepare and coordinate Cathedral City's application for an Active Transportation Plan (ATP) for the SCAG 2018 Sustainable Communities Program. M.O. 7037 H. Approve Recordation of Restrictive Covenant Recommendation: Staff recommends the City Council approve the recordation of a restrictive covenant restricting the use of approximately 27 acres of land located near 1-10 to public parkland purposes. M.O. 7038 4. ITEMS PULLED FROM CONSENT Cathedral City Page 3 Printed on 6/19/2019 5. PUBLIC HEARINGS 6. LEGISLATIVE ACTIONS A. Reject Bid for the Construction of the Stage Structure for Commons/Heritage Park Project and Authorize the City Manager to Negotiate and Secure a Proposal from a Qualified Contractor to Construct the Stage Structure. Recommendation: Staff recommends the City Council reject the bid proposal received from Robert Clapper Construction Services, Inc. in the amount of$2,500,100.00 submitted for the construction of the Stage Structure for Commons/Heritage Park; and authorize the City Manager to direct the City Engineer to negotiate a proposal from a qualified contractor for the construction of the Stage Structure. John Corella, Director of Engineering and Public Works, introduced the item and gave an overview on the Commons/Heritage Park Project and the recommendation to reject the bid for the stage structure. M.O. 7039 A motion was made by Councilmember Kaplan and seconded by Mayor Pro-Tem Pettis to reject the bid proposal received from Robert Clapper Construction Services, Inc. in the amount of $2,500, 100.00 submitted for the construction of the Stage Structure for Commons/Heritage Park; and authorize the City Manager to direct the City Engineer to negotiate a proposal from a qualified contractor for the construction of the Stage Structure. RESULT: APPROVED [UNANIMOUS] MOVER: Shelley Kaplan, Councilmember SECONDER: Gregory S. Pettis, Mayor Pro-Tem AYES: Henry, Kaplan, Carnevale, Pettis, Aguilar B. Award a Contract to CS Legacy Construction, Inc. for the Commons/Heritage Park Amphitheater Site Work Recommendation: Staff recommends the City Council approve the contract award and authorize the City Manager to execute the contract with CS Legacy Construction, Inc. in the amount of $1,666,567.00 to construct the Heritage Park Amphitheater Site Work; and authorize a fifteen percent (15%) contingency in the amount of$249,985.05 for unforeseeable project construction costs for a total of$1,916,552.05; and authorize the City Engineer to issue the Notice of Award and request bonds and insurance and authorize the City Manager to execute change orders, if necessary, for the Site Work; and authorize $170,000.00 for project management, construction inspection, soils testing services, utility services, necessary outside services and internal City Cathedral City Page 4 Printed on 6/19/2019 support services to complete the Site Work. John Core/la, Director of Engineering and Public Works, introduced the item and gave an overview of the proposed contract with CS Legacy Construction ,Inc. M.O. 7040 A motion was made by Councilmember Kaplan and seconded by Councilmember Carnevale to approve the contract award and authorize the City Manager to execute the contract with CS Legacy Construction, Inc. in the amount of $1,666,567.00 to construct the Heritage Park Amphitheater Site Work; and authorize a fifteen percent (15%) contingency in the amount of$249,985.05 for unforeseeable project construction costs for a total of $1,916,552.05; and authorize the City Engineer to issue the Notice of Award and request bonds and insurance and authorize the City Manager to execute change orders, if necessary, for the Site Work; and authorize $170,000.00 for project management, construction inspection, soils testing services, utility services, necessary outside services and internal City support services to complete the Site Work. RESULT: APPROVED [UNANIMOUS] MOVER: Shelley Kaplan, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Henry, Kaplan, Carnevale, Pettis, Aguilar C. Cannabis Industry Labor Peace Agreements Recommendation: Staff recommends the City Council introduce and provide first reading, by title only, to an ordinance amending the Municipal Code to require that licensed cannabis businesses with ten or more employees sign a labor peace agreement as a condition of license renewal. Charles McClendon, City Manager, introduced the item and gave an overview of the Cannabis Industry Labor Peace Agreements. Ana Cabral, Representative from UFCW, was called to speak. She indicated that UFCW wants to make sure that cannabis workers are acknowledged for their hard work and have the ability to prosper. She also indicated that UFCW is in favor of lowering the employee threshold and she explained that a lower threshold for labor peace agreements will guarantee that workers are given the opportunity to organize their workplace and enjoy the benefits of having collective bargaining units. Alan Carvalho, Cathedral City resident, was called to speak. He stated that he supports Ms. Cabral's comments. He thanked Councilmember John Aguilar for making sure residents get first priority in employment. He stated that it is important that we grow our city and that employees are paid fairly. M.O. 7041 Cathedral City Page 5 Printed on 6/19/2019 A motion was made by Mayor Pro-Tem Pettis and seconded by Councilmember Aguilar to introduce and provide first reading, by title only, to an ordinance amending the Municipal Code to require that licensed cannabis businesses with ten or more employees sign a labor peace agreement as a condition of license renewal. RESULT: APPROVED [UNANIMOUS] MOVER: Gregory S. Pettis, Mayor Pro-Tern SECONDER: John Aguilar, Councilmember AYES: Henry, Kaplan, Carnevale, Pettis, Aguilar D. Student Creative Recycling Art Program (S.C.R.A.P. Gallery) Recommendation: Staff recommends the City Council approve an agreement with the Student Creative Recycling Art Program in an amount not to exceed $54,000 annually, to provide support on recycling, reuse and waste reduction programs. Deanna Pressgrove, Environmental Conservation and Public Works Manager, introduced the Student Creative Recycling Art Program (S.C.R.A.P. Gallery) and Karen Riley. Karen Riley, Executive Director of S.C.R.A.P Gallery, gave an overview of the S.C.R.A.P. Galley. Alan Carvalho, Cathedral City resident, was called to speak. He stated that it is important for the public to know this program does not require general fund money, and it is a great program. M.O. 7042 A motion was made by Councilmember Carnevale and seconded by Councilmember Kaplan to approve an agreement with the Student Creative Recycling Art Program in an amount not to exceed $54,000 annually, to provide support on recycling, reuse and waste reduction programs. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Shelley Kaplan, Councilmember AYES: Henry, Kaplan, Carnevale, Pettis, Aguilar E. Ordinance to Prohibit Single Use Plastic Straws Recommendation: Staff recommends the City Council consider input from the Plastic Straw Study Group and decide whether to introduce and provide first reading, by title only, of an ordinance banning all City beverage providers from using, providing, distributing, or selling plastic beverage straws. Paul Willson, Fire Chief, introduced the item and gave an overview of the proposed ordinance to prohibit single use plastic straws. Cathedral City Page 6 Printed on 6/19/2019 Terry Applegate, Cathedral City resident, was called to speak. She expressed concern about banning straws for those who have disabilities. A motion was made by Councilmember Carnevale and seconded by Mayor Henry to not enact an ordinance adding chapter 5.94 to the Cathedral City municipal code prohibit plastic beverage straws. RESULT: FAILED [2 TO 3] MOVER: Mark Carnevale, Councilmember SECONDER: Stan Henry, Mayor AYES: Stan Henry, Mark Carnevale NAYS: Shelley Kaplan, Gregory S. Pettis, John Aguilar Motion to approve the first reading, by title only, of an ordinance adding chapter 5.94 to the Cathedral City municipal code prohibiting plastic beverage straws. RESULT: ADOPTED [3 TO 2] MOVER: Shelley Kaplan, Councilmember SECONDER: Gregory S. Pettis, Mayor Pro-Tern AYES: Shelley Kaplan, Gregory S. Pettis, John Aguilar NAYS: Stan Henry, Mark Carnevale 7. CLOSED SESSION City Council met in Closed Session during the Study Session portion of the meeting and is reflected in the November 14, 2018 Study Session 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 2 acres at the southeast corner of West Buddy Rogers and East Palm Canyon Drive. Negotiating Parties: City of Cathedral City as the Housing Successor Agency to the former Redevelopment Agency, and CCD,LLC Property Owner: City of Cathedral City as the Housing Successor Agency to the Former Redevelopment Agency Under Negotiations: Price and Terms for potential sale of real property. C. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Cathedral City Page 7 Printed on 6/19/2019 Property Location: APN: 673-250-001 Negotiating Parties: City of Cathedral City Property Owner: The Charles Company Under Negotiations: Price and Terms for potential sale of real property. D. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Mary H. Garcia V. County of Riverside, et al. USDC Central District Court of California Case Number: 5:18-CV-00839-SJO-AS ADJOURN Mayor Stan Henry adjourned the Regular Meeting of November 14, 2018 to order at 7:36 p.m. /() Mayor, ity of Cathedral City City Clerk,Ecity of Cathedral Cii Cathedral City Page 8 Printed on 6/19/2019