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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 Cathedral City Page 2 Printed on 7/24/2019 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 Cathedral City Page 3 Printed on 7/24/2019 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 Cathedral City Page 4 Printed on 7/24/2019 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 Cathedral City Page 5 Printed on 7/24/2019 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. Cathedral City Page 6 Printed on 7/24/2019 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 Cathedral City Page 7 Printed on 7/24/2019 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 Cathedral City Page 8 Printed on 7/24/2019 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 Cathedral City Page 9 Printed on 7/24/2019