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HomeMy WebLinkAboutCC Minutes 2019-08-28 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, August 28, 2019 4:00 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • CALL TO ORDER The meeting was called to order at 4:00 PM by Mayor Mark Carnevale. Motion to excuse the absence of Mayor Pro Tern John Aguilar from the August 28, 2019, Study Session and Regular City Council Meeting. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Mark Carnevale, Raymond Gregory, Ernesto Gutierrez ABSENT: John Aguilar • ROLL CALL Attendee Name Title Status Arrived Mark Carnevale Mayor Present 4:00 PM John Aguilar Mayor Pro Tem Absent Raymond Gregory Councilmember Present 4:00 PM Ernesto Gutierrez Councilmember Present 4:00 PM • AGENDA FINALIZATION • THE CITY COUNCIL WILL RECESS TO CLOSED SESSION AT 4:00 PM 1. 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 Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Melissa Roque v. County of Riverside, City of Cathedral City et al. Riverside Superior Court Case Number: PSC 1905576 B. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Delores Del Villalobos Moreno v. City of Cathedral City et al. Riverside Superior Court Case Number: PSC 1807423 C. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Cherylyn and Tom Davies v. City of Cathedral City et al. Riverside Superior Court Case Number: PSC 18902338 D. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: Two The City Council recessed to Closed Session at 4:00 PM The City Council reconvened at 4:30 PM City Attorney Eric Vail announced that the City Council met in Closed Session to hold conferences with Legal Counsel regarding 3 cases of existing litigation as listed on the Agenda and two cases of anticipated litigation as listed on the Agenda. There was no reportable action taken. • STATEMENT OF PARTICIPATION BY THE CITY CLERK 2. PUBLIC COMMENT Gary Selness, Cathedral City resident, was called to speak. He indicated that he rents his home in order to make ends meet. He encouraged the Council to continue allowing the short term vacation rental program. Rebecca Navarre, Cathedral City resident, was called to speak. She encouraged the 1000 Tree Initiative and presented her proposal for Native Gardens in the City. She expressed her desire for the City to be known as the Arbor City. 3. STUDY SESSION A. Presentation Substance Abuse Collaborative - Sandra Lyon, Superintendent Palm Springs Unified School District Recommendation: This is a presentation only, no action will be taken. Sandra Lyon, Superintendent Palm Springs Unified School District provided an update on the Multi-City Collaboration for Drug Education Program. She indicated that the collaboration began in May of 2018 with the cities of Rancho Mirage, Cathedral City and Palm Springs contributing $100,000 each towards the program. She feels that to date the program has been very successful. Moving forward, the District is asking for contributions from the cities in the amount of $35,000. Cathedral City Page 2 Printed on 9/09/2019 Councilmember Gregory, expressed his concern with the City taking on the responsibility of the drug education program for the District. He feels that resources should be spent on after school programs and recreation programs, which he would consider to be the responsibility of the City. He feels that it is a good program but does not necessarily see the connection with the City. Councilmember Gutierrez, requested some clarification of the program and statistics. Superintendent Lyon indicated that she would send City Manager McClendon the requested statistics to distribute to the City Council. More discussion on whether or not support will be given towards the program moving forward will take place either at the 2x2 meeting or a future Council Meeting when there is a full Council. B. Presentation Grid Alternatives - Inland Empire, Yoselyn Sanchez Recommendation: This is a presentation only, no action will be taken. Yoselyn Sanchez, Outreach Coordinator for GRID Alternative Inland Empire, provided an overview of their organization and their program and their process. It was the consensus of the City Council to have staff work with GRID Alternatives to develop a plan to educate the community on the program. C. "Safe and Sane" Fireworks Program Recap Recommendation: This item is presented for Information, discussion and direction only. Fire Chief Paul Wilson, presented the summary of the 2019 Safe and Sane Fireworks Program. He provided information on the sale locations, the calls for service and the number of citations issued. He provided the gross sales and net profits for each non-profit group and a breakdown of the cost of the program. Alan Carvalho, Cathedral City resident, was called to speak. He stated that he does not support the sale and discharge of fireworks. He would like to see a study done to see if selling safe and sane fireworks encourages the use of illegal fireworks. D. Police Department and Code Compliance Cooperation Update Recommendation: This item is presented for information, discussion and direction only. Anthony Yoakum, Acting Chief of Police, provided a summary of the existing cooperation and support between the Cathedral City Police Department and the Code Enforcement Department. He also presented some of the strategies being considered for the future. Councilmember Gutierrez thanked the Chief for working with the Code Enforcement Department as a team. He feels that the officers have some free time where they can deal with some of the issues related to parking violations during non-business hours. Cathedral City Page 3 Printed on 9/09/2019 Councilmember Gregory, stated that what he has heard this evening is exactly what he wanted to hear. He appreciates that the two departments are working as a team to help resolve some of the code enforcement issues. Mayor Carnevale, thanked staff for what they are doing. He feels that it is a work in progress, which will only get better. Alan Carvalho, Cathedral City resident, was called to speak. He feels that residents need to do their part. He indicated that the GoRequest app has an option to report abandoned property, which is a good tool for residents to use for abandoned vehicles. E. Participation in California Clean Air Day Recommendation: This item is presented for information, discussion and direction only. City Manager Charles McClendon indicated that October 2, 2019, is California Clean Air Day. He indicated that if the Council supports participation in the event staff has come up with a few ideas that are low cost. Mayor Carnevale suggested that Nancy Ross, Diane Keaton, Chris Parman, Charlie McClendon and Mayor Carnevale work together to come up with some ideas for a fun event. It was the consensus of the City Council to participate in the California Clean Air Day on October 2, 2019, and to have Mayor Carnevale, Nancy Ross, Diane Keaton, Chris Parman and Charlie McClendon work together to come up with activities for the day of the event. ADJOURN Mayor Mark Carnevale adjourned the Study Session Meeting of August 28, 2019, at 5:51 PM. ( zS 9,l ,t Mayo City of Cathedral City City Clerk,tf2ityof Cathedral l Cathedral City Page 4 Printed on 9/09/2019 44 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, August 28, 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 6:30 PM by Mayor Mark Carnevale. • PLEDGE OF ALLEGIANCE Councilmember Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Gutierrez offered the Invocation. • ROLL CALL Attendee Name Title Status Arrived Mark Carnevale Mayor Present 6:30 PM John Aguilar Mayor Pro Tern Absent Raymond Gregory Councilmember Present 6:30 PM Ernesto Gutierrez Councilmember Present 6:30 PM • SPECIAL PRESENTATION Mayor Mark Carnevale presented Bob Mckechnie, former Executive Director of the Cathedral City Senior Center, with a Certificate of Appreciation and thanked him for his service to the City. Julie Baumer spoke on behalf of the Cathedral City Senior Center Board of Directors. She thanked the City Council for recognizing Bob McKechnie and their support of the Senior Center. She announced that there will be a community garden in honor of Bob Mckechnie at the Center. She also announced that they will be holding the Annual Health and Wellness Fair and Bingo Party on September 13, 2019. Geoffrey Corbin, Executive Director of the Cathedral City Senior Center, acknowledged Bob Mckechnie and stated that his plan is to keep the Senior Center moving in an upward direction. • AGENDA FINALIZATION • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT Brad Anderson, Rancho Mirage resident, was called to speak. He stated that he is dissatisfied with the work of the Coachella Valley Mosquito and Vector Control. 2. COUNCIL REPORTS Councilmember Raymond Gregory thanked the community and staff for continuing with the business of the City while the Council went dark for a couple of weeks. He attended the Desert Community Energy Board meeting. He indicated that an item will be brought to the City Council at a later date to consider whether or not to participate with DCE's municipal accounts. He also attended the Riverside County Transportation Budget Implementation Committee meeting. There was discussion regarding the Federal Government possibly changing the rules so the State of California can no longer set more stringent requirements on the automobile miles per gallon. These requirements are established to meet the goals of the clean air standards, which are required to receive Federal Funding for projects, and could be a real issue for the State. He wished everyone a happy and safe Labor Day. Councilmember Ernesto Gutierrez reported on his recent travels and stated that it is nice to be back in session. He reported that the City Council receives a daily log on activities from the Fire Department and Police Department. He reported that he attended the STVR Task Force Committee Meeting, as an alternate, and indicated that the committee is working hard to come up with suggestions and solutions. He also met with a resident regarding planning issues in the Cove. He attended a seminar on homelessness with Mayor Mark Carnevale and City Manager Charles McClendon and the ribbon cutting for Anytime Fitness. Mayor Mark Carnevale provided an update on the CVRM cooling center. He reported that it started off slow but now they have 26-30 attendees a day on average. There have been minimal complaints. 3. CONSENT AGENDA A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to approve the following Consent Agenda items: Cathedral City Page 2 Printed on 9/05/2019 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Mark Carnevale, Raymond Gregory, Ernesto Gutierrez ABSENT: John Aguilar A. Receive and file Payment of Claims and Demands - July 2019 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$20,544,445 for the month of July 2019. M.O. 2019-96 B. Minutes Approval M.O. 2019-97 1. City Council - Study Session - Jul 24, 2019 4:00 PM 2. City Council - Regular Meeting - Jul 24, 2019 6:30 PM C. Final Acceptance and Notice of Completion for the Ortega Road Widening and Sidewalk Improvements. Recommendation: To accept the Ortega Road Widening and Sidewalk Improvements, Capital Improvement Project (CIP) No. 8652, as final; and, authorize the City Manager to file a Notice of Completion with the Riverside County Recorder's Office; and authorize the release of City held retention funds to All American Asphalt upon expiration of the Notice of Completion. M.O. 2019-98 D. Grant of Easements to Southern California Edison Company (SCE) on City- owned park lots in the Rio Vista (Verano) development Recommendation: To approve Grant of Easements to Southern California Edison (SCE) for utility easements on City-owned park Lots 274 and 290 of Tract 28639-1 , in the Rio Vista (Verano) development; and, authorize the City Manager to execute the Grant of Easements on behalf of the City. M.O. 2019-99 E. Improvement Agreements with HPH Homebuilders 2000 LP (DR Horton) Recommendation: To approve the Improvement Agreement with HPH Homebuilders 2000 LP, for completion of improvements in portions of Tracts 28659-1 and 32559; approve the Transfer, Release and Assumption Agreement (TRA) with HPH Homebuilders and Portales Recovery; and, authorize the Cathedral City Page 3 Printed on 9/05/2019 City Manager and City Clerk to execute the Agreements. M.O. 2019-100 F. Resolution certifying the completion of public and private improvements in Tract 36747 (The District). Recommendation: To adopt a Resolution certifying the completion of public and private improvements within Tract 36747 (aka The District); and, authorize the City Engineer to file the Notice of Completion, and authorize the release the Subdivision Improvement Agreement securities as described in the Resolution. Reso 2019-29 G. Purchase Order with Petrochem Materials Innovation, LLC (PMI) to Furnish and Apply Rubberized Emulsion Aggregate Slurry (REAS). Recommendation: To approve a purchase order for $178,245.10 with Petrochem Materials Innovation (PMI), LLC to furnish and apply rubberized emulsion aggregate slurry (REAS) to City streets abutting Rancho Mirage, set traffic control, crack seal, and striping; and, approve a ten percent (10%) contingency in the amount of$17,824.51 for unforeseeable construction costs, thereby making the total encumbrance $196,069.61; and, authorize the City Manager to execute the required contract documents. M.O. 2019-101 H. Accept Resignation of James Spalding from the Parks and Community Events Commission Recommendation: To accept the resignation of James Spalding from the Parks and Community Events Commission effective immediately and direct staff to proceed with filling the vacant seat. M.O. 2019-102 I. Second Reading of an Ordinance Regarding Start Times for Council Meetings Recommendation: To provide second reading and adopt an ordinance eliminating from the Municipal Code the established start times for City Council meetings. Brad Anderson, Rancho Mirage resident, was called to speak. He feels the Public is not well served by establishing Council Meeting start times by Resolution, he feels that it should be established by Ordinance. Ord 826 J. Resolution Rescinding Police Management Vesting and Approving Police Management PEMHCA Minimum Recommendation: To adopt a resolution fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) for employees and annuitants; and adopt a Cathedral City Page 4 Printed on 9/05/2019 resolution electing to rescind the post-retirement health benefits vesting requirements under Government Code Section 22893 for employees first hired on or after January 1, 2013, as established by Resolution 2012-188. Reso 2019-30 Reso 2019-31 K. Ratification of Agreement Between the City of Cathedral City and the Cathedral City Police Management Association Recommendation: To ratify the agreement between the City of Cathedral City ("City") and Cathedral City Police Management Association ("CCPMA") via Memorandum of Understanding for the period of July 1 , 2019 through June 30, 2022 and approve the required budget amendments. M.O. 2019-103 L. Designation of Voting Delegate and Alternate for the League of California Cities Annual Business Meeting on October 18, 2019. Recommendation: To adopt a Resolution designating Mayor Mark Carnevale as the Voting Delegate and Mayor Pro Tem John Aguilar as the Alternate Voting Delegate to represent Cathedral City at the League of California Cities Annual Business Meeting, which will be held on October 18, 2019. Reso 2019-32 M. Resolution Establishing Procedures for Expenditures from the Public Arts Fund Recommendation: To approve a resolution establishing procedures for expenditures from the Public Arts Fund. Reso 2019-33 N. Contract Award for As-Needed Homeless Encampment Clean Up Services and Support Services Recommendation: To award a 2 (two) year as-needed service contract to Signature Cleanup Services for Homeless Encampment Clean Up Services and Support Services; and authorize the City Manager to execute the contract documents. M.O. 2019-104 O. Approval of the Public Arts Commission budget for North Pole Village at Snow Fest and placement of the "Looking Up" Sculpture at the Mary Pickford Theatre Recommendation: To approve a budget of$26,000 of Public Art Funds for the construction of 10 additional store fronts for the North Pole Village at Snow Fest; and, approval of the relocation and placement of the "Looking Up" Sculpture at the Mary Pickford Theatre; and approval of$750 to be used toward air conditioning maintenance in the space where the store Cathedral City Page 5 Printed on 9/05/2019 fronts are being constructed. M.O. 2019-105 P. On-Call Engineering Support Services for State & Federally Funded Projects Contract Award Recommendation: To award a 2-year on-call service contract to NAI Consulting, Inc. for Engineering Support Services for State and Federally Funded Projects and authorize the City Manager to execute the contract. M.O. 2019-106 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS 6. LEGISLATIVE ACTIONS A. Agreements with Agua Caliente Band of Cahuilla Indians Recommendation: To authorize the execution of an Intergovernmental Agreement and Memorandum of Understanding between the Agua Caliente Band of Cahuilla Indians and the City to mitigate the impacts of the future Casino development project. Tami Scott, Administrative Services Director, gave an overview on the agreements with Agua Caliente Band of Cahuilla Indians. Carol Lakens, Cathedral City resident, was called to speak. She requested that a clear time frame for construction start time and completion time be included in the agreement. Mayor Mark Carnevale suggested that Ms. Lakens send her concerns in writing to the City Manager. M.O. 2019-107 A motion was made by Councilmember Gutierrez and seconded by Councilmember Gregory to authorize the execution of an Intergovernmental Agreement and Memorandum of Understanding between the Agua Caliente Band of Cahuilla Indians and the City to mitigate the impacts of the future Casino development project. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Raymond Gregory, Councilmember AYES: Mark Carnevale, Raymond Gregory, Ernesto Gutierrez ABSENT: John Aguilar 7. CLOSED SESSION Cathedral City Page 6 Printed on 9/05/2019 The following Closed Session items were discussed during the Study Session portion of the meeting and will be reflected in the Study Session Minutes of August 28, 2019. A. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Melissa Roque v. County of Riverside, City of Cathedral City et al. Riverside Superior Court Case Number: PSC 1905576 B. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Delores Del Villalobos Moreno v. City of Cathedral City et al. Riverside Superior Court Case Number: PSC 1807423 C. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Cherylyn and Tom Davies v. City of Cathedral City et al. Riverside Superior Court Case Number: PSC 18902338 D. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: Two ADJOURN Mayor Mark Carnevale adjourned the Regular Meeting of August 28, 2019, at 7:01 PM C ` Mayo , City of a edral City City Clerk, ity of Cathedral Cil` Cathedral City Page 7 Printed on 9/05/2019