HomeMy WebLinkAboutCC Min 2018-11-28 litCITY COUNCIL
MINUTES
Cathedral City
Regular Meeting
Wednesday, November 28, 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
Councilmember Shelley Kaplan led the Pledge of Allegiance.
The Cathedral City High School Choir sang the Naional Anthem and the Lord Keep
You and Bless You
• INVOCATION (MOMENT OF REFLECTION)
Councilmember Mark Carnevale offered the invocation.
• ROLL CALL
Attendee Name Title Status Arrived
Stan Henry Mayor Present 6:30 PM
Shelley Kaplan I Councilmember Present 6:30 PM
Mark Carnevale Councilmember Present 6:30 PM
Gregory S. Pettis ' Mayor Pro-Tern Present 6:30 PM
John Aguilar Councilmember Absent
A motion was made by Mayor Pro-Tem Pettis and seconded by Councilmember
Kaplan to excuse the absence of Councilmember John Aguilar
RESULT: APPROVED [UNANIMOUS]
MOVER: Gregory S. Pettis, Mayor Pro-Tem
SECONDER: Shelley Kaplan, Councilmember
AYES: Stan Henry, Shelley Kaplan, Mark Carnevale, Gregory S. Pettis
ABSENT: John Aguilar
• AGENDA FINALIZATION
Item 3G. Authorization to Execute the Amended and Restated Purchase, Sale and
Performance Agreement between the City of Cathedral City, the City Urban
Revitalization Corporation and Cathedral Canyon Development for the sale of
approximately 2 acres at the southeast corner of West Buddy Rogers and East Palm
Canyon Drive was pulled from the consent agenda for separate discussion and
consideration and will be heard following the Closed Session Items and Item 68.
Second Reading of an Ordinance to Prohibit Single Use Plastic Straws was
continued to the December 12, 2018, meeting.
• SPECIAL PRESENTATION
1. APWA "Project of Merit Award" for Whitewater Bike Trail/CV Link Project
Recommendation: Report and Presentation of the Award
John Corella, Director of Engineering and Public Works, introduced the item and
gave an overview of the APWA "Project of Merit Award" the City received for the
Whitewater Bike Trail/CV Link Project.
• STATEMENT OF PARTICIPATION BY THE DEPUTY CLERK
1. PUBLIC COMMENT
Julie Frazier, Cathedral City resident and business owner, was called to speak. She
spoke on behalf of the Boys and Girls Club and thanked the City for their on-going
support of their programs and fundraising events. She announced the Boys and
Girls Club's biggest fundraiser will be held on December 3, 2018, at 5:30 p.m. at the
Doubletree Hotel. She stated that tickets can be purchased on the Boys and Girls
website at www.BGCCCITY.org or by calling (760) 770-4965.
Thommy Kocan, Cathedral City resident, was called to speak. He reported that the
Dinner with Patsy fundraiser event was held at Daniels Table. The dinner raised
$727 that will go towards the Fallen Hero Fund. He announced the next fundraiser
dinner will be held on December 19, 2018 at El Portal Restaurant, and it will benefit
the Cathedral City Boys and Girls Club.
Alan Carvalho, Chair of the Public Arts Commission, was called to speak. He
thanked the City Council and staff for their support on the Legacy Mural. He
announced that the Santa's Village has been installed and will be open in downtown
on December 8, 2018. He reported that the Art Museum opening had an amazing
turnout and thanked Sue Townsley for her work on the event.
2. COUNCIL REPORTS
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Councilmember Mark Carnevale reported that he attended the CVAG Public Safety
Meeting, Cathedral City Group Artist Exhibit, and the Desert Healthcare District at
UCR. He announced he will be attending the Hanukkah event at City Hall on
December 3, 2018 at 5:00 p.m. He will also be attending the ribbon cuttings at The
Runaway, GHA East District Development, and the Desert Crossing. He is excited to
be the Master of Ceremonies at the event where Richard Clap will be receiving the
Distinguished Citizens Award.
Councilmember Shelley Kaplan reported that he attended the Annual Transgender
Day of Remembrance event. He stated that the Hot Air Balloon event was very
successful. He thanked COD for their assistance and support of the Santa's Village
Project.
Mayor Pro Tern Greg Pettis reported that he met with Sandra Lyons, Superintendent
from PSUSD. He stated it was a great meeting and they discussed many items that
have not been addressed. He stated that they will be rolling out a number of projects
within the next two months that will benefit the youth.
Mayor Stan Henry commended Chris Parman and Staff for the great Balloon
Festival, it was a successful event with many attendees. He reminded everyone to
attend the tree lighting and events as well as the Boys and Girls Club fundraiser. He
announced the Palm Springs Police Officers Association will be hosting a golf
tournament fundraiser to raise money for fallen officers and they are still looking for
donations and sponsors.
3. CONSENT AGENDA
A motion was made by Mayor Pro-Tern Pettis and seconded by Councilmember
Kaplan to approve the following Consent Agenda items:
RESULT: APPROVED [UNANIMOUS]
MOVER: Gregory S. Pettis, Mayor Pro-Tern
SECONDER: Shelley Kaplan, Councilmember
AYES: Stan Henry, Shelley Kaplan, Mark Carnevale, Gregory S. Pettis
ABSENT: John Aguilar
A. Receive and file Payment of Claims and Demands - October 2018
Recommendation: The City Council acting in its capacity for the City, the
Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency, the Cathedral City Public
Finance Authority Board, and the Cathedral City Downtown
Foundation Board receive and file payment of claims and
demands in the aggregate sum of$ 6,862,469 for the month
of October, 2018.
M.O. 7043
B. Approval of Study Session and City Council Minutes
Recommendation: Staff recommends the City Council approve the Study
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Session and City Council Minutes provided for review.
M.O. 7044
C. Cannabis Industry Labor Peace Agreements Ordinance Second Reading
Recommendation: Staff recommends the City Council provide second reading
and adopt 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.
Ord 817
D. Ordinance Authorizing the Levy of A Special Tax for CFD 2006-1
Improvement Area #11
Recommendation: Staff recommends the City Council conduct second reading
and adopt the Ordinance authorizing the levy of a special tax
within Improvement Area No. 11 of the City of Cathedral City
Community Facilities District No. 2006-1 (Law Enforcement,
Fire, Paramedic and Park Maintenance Services).
Ord 818
E. Approval of a Recognized Obligation Payment Schedule for July 1, 2019
through June 30, 2020 ("ROPS FY 2019-2020")
Recommendation: Staff recommends the Successor Agency Governing Board
adopt the attached resolution approving the Recognized
Obligation Payment Schedule for the period of July 1, 2019
through June 30, 2020 ("ROPS FY 2019 - 20") and the
incorporated administrative allowance and budget; and
direct Successor Agency staff to transmit the ROPS FY
2019 - 20 to the Countywide Oversight Board for County of
Riverside ("Countywide Oversight Board") approval.
Reso 2018-54
F. Annual California Government Code Section 50075 Report, Community
Facilities District (CFD) 2006-1
Recommendation: Staff recommends the City Council receive and file the City
of Cathedral City FY 2017/2018 California Government
Code Section 50075 Report for CFD 2006-1 Revenues and
Expenditures.
M.O. 7045
G. Contract for Services - 2019 Tejano Music Fest
Recommendation: Staff recommends the City Council approve a Contract for
Services with Diaz Enterprises for the 2019 Tejano Music
Fest.
M.O. 7047
4. PUBLIC HEARINGS
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A. Design Review No. 18-002, General Plan Amendment No. 16-006, and
Change of Zone No. 16-005
Recommendation: Staff recommends the City Council introduce and provide
first reading, by title only, to an ordinance approving Design
Review No. 18-002, General Plan Amendment No. 16-006,
and Change of Zone No. 16-005 for a 60-unit multi-family
residential development for veterans on approximately 6.5
acres of an 8.9-gross acre project site located on the east
side of Landau Boulevard, between Coda Road and Vega
Road.
Planning Manager Robert Rodriguez gave a presentation on Design Review No.
18-002, General Plan Amendment No. 16-006, and Change of Zone No. 16-005
for a 60-unit multi-family residential development.
Mark Irving, Representative of the A0685 Cathedral City L.P. and Urban Housing
Communities, LLC, gave a brief overview of the financing for the proposed
project. He also explained the disability accessibility plans for the project.
Terry Applegate, Cathedral City resident, was called to speak. She inquired
about the disability accessibility at the proposed development.
Motion that the City Council introduce and provide first reading, by title only, an
ordinance approving Design Review No. 18-002, General Plan Amendment No.
16-006, and Change of Zone No. 16-005 for a 60-unit multi-family residential
development for veterans on approximately 6.5 acres of an 8.9-gross acre
project site located on the east side of Landau Boulevard, between Corta Road
and Vega Road.
M.O. 7048
A motion was made by Mayor Pro-Tem Pettis and seconded by Councilmember
Kaplan that the City Council introduce and provide first reading, by title only, an
ordinance approving Design Review No. 18-002, General Plan Amendment No.
16-006, and Change of Zone No. 16-005 for a 60-unit multi-family residential
development for veterans on approximately 6.5 acres of an 8.9-gross acre
project site located on the east side of Landau Boulevard, between Corta Road
and Vega Road.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gregory S. Pettis, Mayor Pro-Tern
SECONDER: Shelley Kaplan, Councilmember
AYES: Stan Henry, Shelley Kaplan, Mark Carnevale, Gregory S. Pettis
ABSENT: John Aguilar
5. LEGISLATIVE ACTIONS
A. CCHS Swimming Pool - Public Use
Recommendation: This item is presented for information, discussion and
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direction only.
Terry Applegate, Cathedral City resident, was called to speak. She stated that
she specializes in aquatic therapy and she made suggestions for a successful
swimming pool for public use.
It was the consensus of the City Council to continue this item to a later date once
the Desert Recreation District survey has been completed.
B. Second Reading of an Ordinance to Prohibit Single Use Plastic Straws
Recommendation: Staff recommends the City Council provide second reading
and adopt an ordinance banning all City beverage providers
from using, providing, distributing, or selling plastic beverage
straws.
This item was continued to the December 12, 2018 Regular City Council
meeting.
C. Award a Contract to PTM General Engineering Services, Inc. for two HAWK
Pedestrian Signals along Dinah Shore Drive
Recommendation: Staff recommends the City Council award a contract to PTM
General Engineering Services, Inc. for the installation of two
HAWK pedestrian signals in the Bid amount of$346,046.00
as part of the CVAG Bicycle and Pedestrian Grant Program;
and, authorize the City Manager or his designee to execute
all contracts and change orders; and, approve a five percent
(5%) contingency of$17,302.00 for unforeseeable
construction costs and soils testing; thereby making this
Project request of$363,348.00; and, authorize an additional
$158,348 be allocated from the City's Traffic Safety Fund
toward the completion of the Via de Anza crossing portion of
this Project.
Motion to M.O. 7049
A motion was made by Councilmember Kaplan and seconded by Mayor Pro-Tem Pettis
to award a contract to PTM General Engineering Services, Inc. for the installation of two
HAWK pedestrian signals in the Bid amount of $346,046.00 as part of the CVAG
Bicycle and Pedestrian Grant Program; and, authorize the City Manager or his designee
to execute all contracts and change orders; and, approve a five percent (5%)
contingency of $17,302.00 for unforeseeable construction costs and soils testing;
thereby making this Project request of $363,348.00; and, authorize an additional
$158,348 be allocated from the City's Traffic Safety Fund toward the completion of the
Via de Anza crossing portion of this Project.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Shelley Kaplan, Councilmember
SECONDER: Gregory S. Pettis, Mayor Pro-Tern
AYES: Stan Henry, Shelley Kaplan, Mark Carnevale, Gregory S. Pettis
ABSENT: John Aguilar
D. Authorization to Complete Carey Road Improvements at a Cost of $90,000
Recommendation: Staff recommends the City Council authorize the City
Engineer to negotiate for a qualified contractor and authorize
the City Manager to enter a contract with the qualified
contractor to complete the remaining Carey Road
improvements in conjunction with the current/adjacent Carey
Road street improvements; and, authorize Fomotor
Engineering to provide the construction plans at a cost of
$4,750; and, authorize $85,250 for the construction of Carey
Road; and, authorize a $90,000 a Capital Improvement
Project (CIP) budget adjustment to provide funding for this
Project from the General Fund.
M.O. 7050
A motion was made by Mayor Pro-Tem Pettis and seconded by Councilmember
Kaplan to authorize the City Engineer to negotiate for a qualified contractor and
authorize the City Manager to enter a contract with the qualified contractor to
complete the remaining Carey Road improvements in conjunction with the
current/adjacent Carey Road street improvements; and, authorize Fomotor
Engineering to provide the construction plans at a cost of$4,750; and, authorize
$85,250 for the construction of Carey Road; and, authorize a $90,000 a Capital
Improvement Project (CIP) budget adjustment to provide funding for this project
from the General Fund.
RESULT: APPROVED [UNANIMOUS]
MOVER: Gregory S. Pettis, Mayor Pro-Tern
SECONDER: Shelley Kaplan, Councilmember
AYES: Stan Henry, Shelley Kaplan, Mark Carnevale, Gregory S. Pettis
ABSENT: John Aguilar
6. 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 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
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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.
B. 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
C. Conference with Legal Counsel - Anticipated Litigation Pursuant to
Government Code Section 54956.9(d)(2).
Number of Potential Cases: Four
The City Council recessed to Closed Session at 7:40 p.m.
The City Council reconvened at 8:05 p.m.
Eric Vail announced that the City Council met in Closed Session to discuss item 78.
Conference with Real Property Negotiator for approximately 13.5 acres south of
East Palm Canyon Drive at Date Palm Drive, and item 7C. Conference with Legal
Counsel-Anticipated litigation for four cases. There was no reportable action taken.
He also announced that Council discussed item 7A. Conference with Real Property
Negotiator regarding approximately 2 acres at the southeast corner of West Buddy
Rogers and East Palm Canyon Drive. The following direction was given to staff and
will be included with the motion on item 4A. Authorization to Execute the Amended
and Restated Purchase, Sale and Performance Agreement between the City of
Cathedral City, the City Urban Revitalization Corporation and Cathedral Canyon
Development for the sale of approximately 2 acres at the southeast corner of West
Buddy Rogers and East Palm Canyon Drive, which was removed from the consent
agenda for separate discussion and vote:
1) Authorize the City Manager to execute the existing agreement
2) Authorize an extension of the outside closing date that is currently in effect from
November 30, 2018 to December 15, 2018.
3) Instruct staff to further negotiate with Cathedral Canyon Development with regard
to the amended and restated agreement and to approve in form tonight and bring an
amended version back to the Council at the Special Meeting of the City Council to
be held on December 10, 2018.
7. ITEMS PULLED FROM CONSENT
The following Consent Agenda item was pulled for separate discussion and
consideration.
A. Authorization to Execute the Amended and Restated Purchase, Sale and
Performance Agreement between the City of Cathedral City, the City Urban
Revitalization Corporation and Cathedral Canyon Development for the sale
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of approximately 2 acres at the southeast corner of West Buddy Rogers
and East Palm Canyon Drive.
Recommendation: Staff recommends the City Council authorize the execution
of an Amended and Restated Purchase, Sale and
Performance Agreement between the City of Cathedral City,
as the Housing Successor Agency, the City Urban
Revitalization Corporation and Cathedral Canyon
Development LLC, for the disposition of approximately 2
acres of vacant land at the southeast corner of East Palm
Canyon Drive and Buddy Rogers, subject to the final legal
review by the City Attorney's office.
A motion was made by Mayor Carnevale and seconded by Councilmember Kaplan
to approve the presented amended and restated agreement and extend the outside
closing date from November 30, 2018 to December 15, 2018, and authorize the City
to negotiate with Cathedral Canyon Development bring back a revised and amended
and restated purchase, sale and performance agreement on December 10, 2018,
and if necessary, with the City Manager's discretion, clean up any typos and
legalese language that aren't material deal points by December 15, 2019.
M.O. 7046
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Shelley Kaplan, Councilmember
AYES: Stan Henry, Shelley Kaplan, Mark Carnevale, Gregory S. Pettis
ABSENT: John Aguilar
ADJOURN
Mayor Stan Henry adjourned the Regular Meeting of November 28, 2018, at 8:10 p.m.
/21-
Mayor, City of Cathedral City City Clerk, ity of Cathedral C
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