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HomeMy WebLinkAboutCC Minutes 2019-10-09 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, October 9, 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. • ROLL CALL Attendee Name Title Status Arrived Mark Carnevale Mayor Present 4:00 PM John Aguilar Mayor Pro Tem Present 4:00 PM Raymond Gregory Councilmember Present 4:00 PM Ernesto Gutierrez Councilmember Present 4:00 PM Rita Lamb Councilmember Present 4:00 PM • AGENDA FINALIZATION • THE CITY COUNCIL WILL RECESS TO CLOSED SESSION AT 4:00 PM 1. 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 Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Corey Goddard v. City of Cathedral City; USDC Case Number: 5:19-CV-00482 B. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: Two C. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property Location: 68770, 68776, 68780, 68811 First Street, APN's 687-201- 001 through 687-201-004 located at the Southeast corner of Buddy Rogers Ave and Monty Hall Drive Negotiating Parties: City of Cathedral City and the Agua Caliente Band of Cahuilla Indians Property Owner: City of Cathedral City Under Negotiations: Payment and Terms for sale of real property The City Council recessed to Closed Session at 4:00 p.m. The City Council reconvened at 4:38 p.m. Eric Vail, City Attorney announced that the City Council met in Closed Session to discuss item 1A. Conference with Legal Counsel- Existing Litigation for Corey Goddard v. City of Cathedral City, with no reportable action. Item 1B. Conference with Legal Counsel- Anticipated Litigation for two cases and item 1C. Conference with Real Property Negotiator for property location: 68770, 68776, 68780, 68811 First Street, APN's 687-201-001 through 687-201-004 located at the Southeast corner of Buddy Rogers Ave and Monty Hall Drive, will be heard at the end of the Study Session Meeting. • STATEMENT OF PARTICIPATION BY THE CITY CLERK 2. PUBLIC COMMENT 3. STUDY SESSION A. Short-Term Vacation Rental Task Force Progress Report Recommendation: This item is presented for information, discussion and direction only. Charles McClendon, City Manager, provided an update on the progress of the Short-Term Vacation Rental Task Force. The following are interim recommendations that were developed by the Short-Term Vacation Rental Task Force for consideration by the City Council for immediate implementation. 1. Improved screening of on-line advertisements for short-term vacation rental units and immediate issuance of citations for violations. 2. Use of a private security service on a scheduled or on-call basis to respond immediately to hotline calls. Mayor Mark Carnevale inquired if there are citations printed and ready to go for the interim program and if the individual does not want to sign the citation will it still be valid. He also inquired on what the two interim programs would costs. City Manager McClendon responded that a citation is still valid even if the person refuses to sign it or take it. He stated that the cost of the programs will be between 5 and 6 thousand dollars per month. He stated that if it is the consensus of the City Council he will bring back the consideration of implementing the recommended interim programs for formal action. He stated that a fee study will be done to cover the costs of staff in the near future and it Cathedral City Page 2 Printed on 10/17/2019 will take 4 to 6 months to do a budget adjustment. Mayor Mark Carnevale asked for clarification on what services can be expected from the company contracted to screen advertisements. City Manager McClendon stated that the company contracted to do the screening of advertisements should have the capability to research and investigate how rentals are using their licenses among other things. Mayor Pro Tem John Aguilar stated that he has attended all but one of the Short- Term Vacation Rental Task Force meetings. He feels they are working hard to come up with solutions and recommendations. He stated he supports the two proposed interim programs and feels that it is important to implement them. He requested that a breakdown of what happens when a call comes into the hotline with the security service. Councilmember Raymond Gregory thanked the City Manager, Staff and the Task Force for the work that has been done thus far. He feels that they are hitting on the main points and that it is important that we begin to do something to give the residents relief. He supports moving forward with both recommendations and would like to see if there is anything else that can be done in the interim. He suggested that the private security firm have flexibility to cover holidays. City Manager McClendon stated that another advantage of hiring the private security service is that there will be times when there aren't calls and the service can patrol other areas. Councilmember Rita Lamb concurs with the Council and feels that we need to move forward. She thanked City Manager Charles McClendon for his work at the Short-Term Vacation Rental Task Force public forum meeting. Councilmember Ernesto Gutierrez agrees that something needs to be done and supports moving forward with the interim programs. Mayor Mark Carnevale would like to make sure that the holidays are covered by the private security company. Councilmember Ernesto Gutierrez feels that anyone who is violating the Ordinance should be fined to the max. City Manager McClendon stated that the City is past the point of giving warnings and will be issuing citations to those in violation. Cindy Lundquist, Cathedral City resident, was called to speak. She indicated that her home is between two short-term vacation rentals. She stated that she has an illness that is affected by noise. The noise from the short-term vacation rentals is excessive and affects her adversely. Karen Panico-Willis, Cathedral City resident, was called to speak. She indicated that she has already expressed her concern with short-term vacation rentals near Cathedral City Page 3 Printed on 10/17/2019 her house. She stated that they were issued licenses prior to them being built. She asked that neighborhoods not be rezoned and no exceptions to the rules be given to any of the short-term vacation rentals. She urged the City Council not to force her to sell her house. Edward T. Emond-Worline, Cathedral City resident, was called to speak. He stated that he is a member of the Short-Term Vacation Rental Task Force. He has been going over documentation on the short-term vacation rental issue. He supports the pilot programs being proposed by staff and feels that they will help the task force to get done what they need to get done. He believes that there is not enough staff to manage the short-term vacation rentals. There are a lot of things that need to be looked at and it will take time. CLOSED SESSION Eric Vail, City Attorney, announced that the City Council will recess to Closed Session to complete discussions on item 1B and 1C on the Agenda. The City Council recessed to Closed Session at 5:20 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 1B. Conference with Legal Counsel- Anticipated Litigation for two cases and item 1 C. Conference with Real Property Negotiator for property location: 68770, 68776, 68780, 68811 First Street, APN's 687-201-001 through 687-201-004 located at the Southeast corner of Buddy Rogers Ave and Monty Hall Drive. There were no reportable actions taken. ADJOURN Mayor Mark Carnevale adjourned the October 9, 2019 Study Session Meeting at 6:30 p.m. (;? s '\PLP -(leP May City o Cathedral City City Clerk, city of r, Cathedral City Cathedral City Page 4 Printed on 10/17/2019 litCITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, October 9, 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 Rita Lamb 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 6:30 PM John Aguilar Mayor Pro Tem Present 6:30 PM Raymond GregoryCouncilmember Present 6:30 PM Ernesto Gutierrez Councilmember Present 6:30 PM Rita Lamb Councilmember Present 6:30 PM • AGENDA FINALIZATION • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT Danny Lee, Cathedral City resident, was called to speak. He thanked the City Council for holding the City Hall at Your Corner Meetings. He stated that a large portion of the city's population is Latino and suggested having a translator available. He also suggested having later meeting times for those who work and have families to tend to and may want to attend. Chuck Parker, Representative Salton Sea, was called to speak. He gave an update on their efforts to restore the Salton Sea and urged the City Council to adopt a Resolution in support of salt water import. Tom Swan, Rancho Mirage, was called to speak. He thanked the Council for the proclamation for AMVETS Express. He encouraged the City Council to adopt a Resolution in support of salt water import in the Salton Sea. 2. COUNCIL REPORTS Councilmember Rita Lamb reported that last week was her first opportunity as a Councilmember to get out and about, she loved every minute of it. She participated in the Clean-Air Day events and thanked Nancy Ross and Karen Riley for doing a great job organizing the activities. She also reported that she was able to attend the employee appreciation breakfast, Annual Pancake Breakfast at the Fire Station, the Meatball Festival at the Boys and Girls Club and the Health Fair at the St. Luis Church. She received a great introduction to CVAG from Tom Kirk, Executive Director. He presented an overview of what CVAG does, which she felt was very beneficial. She felt that all the events were a wonderful way to meet individuals in a new venue. Councilmember Raymond Gregory reported that it has been a busy couple of weeks. He reported that he had an opportunity to attend the Mobility 21 Conference. He also attended the public Short Term Vacation Rental Forum on October 2, 2019, the Clean-Air Day events, the Annual Fire Department Breakfast, the Meatball Festival at the Boys and Girls Club and the nice presentation for AMVETS at Nicolinos. He thanked public safety for participating in the Tuesday Night Lights bike ride. He reminded everyone that the Tejano Music Festival will be held at the Big League Dreams on Saturday and the Food Truck Rally will be held on Sunday at the same location. He reported that he along with other members of the Council will be attending the League of CA Cities Annual Conference next week. He requested that a Study Session item be placed on the Agenda for the Chief of Police to discuss trends that are happening in the City and things that the Department is doing to keep everyone safe. Councilmember Ernesto Gutierrez, announced that he attended the Palm Springs High School Hall of Fame event, the employee appreciation breakfast, the Annual Pancake Breakfast at the Fire Station, the Meatball Festival at the Boys and Girls Club and the AMVETS event at Nicolinos. He also reported that he had an opportunity to meet with Tami Scott and City Manager Charles McClendon. Mayor Pro Tem John Aguilar reported that he attended the Mobility 21 luncheon where they honored Mayor Gregory Pettis with a lifetime achievement award. He indicated that Mayor Pettis' family was there to receive the award. He shared a video that was presented at the event. Mayor Mark Carnevale reported that it has been a busy couple of weeks. He attended the CVAG Executive Committee Meeting where they allocated $200,000 to Path of Life. He participated in the Clean Air Day events and thanked Nancy Ross and JoAnn Kennedy for organizing the events. He reported that he attended the employee appreciation breakfast, "Coffee with a Cop", the Annual Pancake Cathedral City Page 2 Printed on 10/16/2019 Breakfast at the Fire Department and the Meatball Festival at the Boys and Girls Club. He announced that he was a judge at the CCGBA Cat City Drag Race, which was the highlight of his week. He invited everyone to attend the ground breaking of the new fire station on Thursday, October 10, 2019 at 8:00 a.m. He indicated that he will be attending the DVBA breakfast and that the Tejano Music Festival and Dinner in the Canyons will be held during the upcoming weekend. 3. CONSENT AGENDA A motion was made by Councilmember Gregory and seconded by Councilwoman Lamb to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb A. Minutes Approval M.O. 2019-119 1. City Council - Special Meeting - Sep 25, 2019 3:30 PM 2. City Council - Study Session - Sep 25, 2019 4:00 PM 3. City Council - Regular Meeting - Sep 25, 2019 6:30 PM B. Resolution to Delegate Authorizations to Execute Program Supplemental Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements to the Master Agreement Administrating Agency-State Agreement for Federal Aid Projects No. 08-5430F15 Recommendation: To approve a resolution authorizing the City Manager or Director of Engineering/Public Works to accept, execute, and endorse all Program Supplemental Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements and any amendments thereto to the Master Agreement Administering Agency - State Agreement for Federal - Aid Projects No. 08-5430F15 between the City of Cathedral City and the State of California, acting through the Department of Transportation for the purpose of Administering and Disbursing of Federal Grant funds on projects. Reso 2019-36 4. ITEMS PULLED FROM CONSENT No items were pulled from the Consent Agenda. 5. PUBLIC HEARINGS A. Specific Plan Amendment 87-26C, Conditional Use Permit 19-002 Recommendation: To introduce and provide first reading, by title only, an ordinance approving Specific Plan Amendment No. 87-26C and Conditional Use Permit No. 19-002 for the construction Cathedral City Page 3 Printed on 10/16/2019 of an approximately 5,238 square-foot convenience store and an automobile service station on a 1.74-acre site located on the northwest corner of Date Palm Drive and Ortega Road. Brenda Ramirez, Associate Planner, provided a presentation to the City Council on the proposed Specific Plan Amendment 87-26C, Conditional Use Permit 19- 002. Councilmember Raymond Gregory noted an error in the Conditions of Approval 3.18 which should read as follows: 3.18 The applicant is prohibited from loading vehicles or merchandise directly from Date Palm Drive and must comply with all applicable Codes and Laws. Mayor Pro Tern John Aguilar questioned what measures the applicant will be taking to protect the kids from tobacco and alcohol. The applicant gave an overview of where the tobacco and alcohol will be located in the store and the access to it. Councilmember Ernesto Gutierrez questioned if hard alcohol will be sold in the store. The applicant responded in the affirmative. Councilmember Ernesto Gutierrez asked some questions related to ingress and egress of the property. Councilmember Rita Lamb indicated that she attended the Planning Commission meeting where this item was heard. She felt the applicant did a wonderful job presenting the project. Mayor Mark Carnevale thanked the applicant for submitting the project. Mayor Carnevale opened the Public Hearing for public input, there being none, he closed the Public Hearing. M.O. 2019-120 A motion was made by Councilmember Gutierrez and seconded by Councilmember Gregory to introduce and provide first reading, by title only, an ordinance approving Specific Plan Amendment No. 87-26C and Conditional Use Permit No. 19-002 for the construction of an approximately 5,238 square-foot convenience store and an automobile service station on a 1.74-acre site located on the northwest corner of Date Palm Drive and Ortega Road. Cathedral City Page 4 Printed on 10/16/2019 RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Raymond Gregory, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb 6. LEGISLATIVE ACTIONS A. FIRE DEPARTMENT PRESENTATION Recommendation: To review the City of Cathedral City fire protection, emergency medical services and 9-1-1 ambulance transport services provided by the fire department. This item is presented for information, discussion and direction only. Paul Wilson, Fire Chief, indicated that he will be providing a comprehensive overview of the fire departments'preparedness, prevention, emergency response and ambulance services delivered in the community as requested by the City Council at their May 18, 2019 City Council Meeting. Councilmember Ernesto Gutierrez, thanked the Chief for his presentation. He indicated that he has the upmost respect for the department, his family and all of his employees. He hears nothing but the best about the Chief and his employees and appreciates all of the hard work and dedication of the department. He stated that he has questions related to the ambulance service that the City provides and feels that there is a potential for a cost savings if we were to use a private company. He went through each question that he had and Chief Wilson provided answers for each of them. He stated that he still feels that the City should explore ways to save money. Councilmember Rita Lamb indicated that she doesn't have any questions at this time, she is taking in all of the information provided. She thanked the Chief for his service. Mayor Pro Tem John Aguilar questioned if the City were to privatize our ambulance service could we go back to our own at a later date. Chief Wilson responded that the City does not have 201 rights which means if the City decided to privatize the ambulance service we could not go back if we wanted to at a later date. Shelley Kaplan, Cathedral City resident, was called to speak. He thanked Chief Wilson for his report and the service that the department provides to the city's residents, businesses and visitors. He feels that the Chief's report makes it clear that outsourcing our ambulance service will significantly reduce the quality of safety services for the City and will increase everyone's fire insurance costs and will cost the city an additional 1.3 plus million a year. The ambulance service is actually a revenue stream that helps support adequate staffing levels in the fire department. He encouraged the Council to support the public safety needs to Cathedral City Page 5 Printed on 10/16/2019 support the quality of service the residents deserve. Terry Applegate, Cathedral City resident, was called to speak. She expressed her concern with the information that Councilmember Gutierrez is presenting. She feels that the Fire Chief has provided a very comprehensive report filled with factual information. She questioned why the City would cut resources in a time when it is needed. She encouraged the Council to keep the ambulance service and maintain the excellent services that is provided today. Edward Holzhauer, Cathedral City resident, was called to speak. He stated that he works in the medical field and most people don't understand how medical insurances work. He told a story of a bad experience with AMR. He encouraged the City to maintain an ambulance service that is clearly working. Yasmin Espinoza, Cathedral City resident, was called to speak. She stated that private ambulance companies do not provide the same level of service that the City can provide. She stated that she moved to Cathedral City because of the response time and a medical condition that her husband has. She encouraged the Council to maintain the City provided ambulance service. Rick Saldivar, Cathedral City resident, was called to speak. He told a story of his neighbor that required an ambulance to respond to his home due to medical complications. Not only was the response time good but the professionalism and the familiar face was invaluable. He feels that sometimes you have to pay for the quality of work that is provided. He feels that people's lives matter and the Council needs to support the fire department and the ambulance service. Danny Lee, Cathedral City resident, was called to speak. He stated that he participated in an active shooter training in the city and feels that he gained a lot from participating in that activity. He feels that the Public Service Departments of the City are very well coordinated and provide excellent service to the community. He feels that response times are important and "If it ain't broke don't fix it". David Lamb, Cathedral City resident, was called to speak. He feels that it is important to consider the expenses of the City. He feels that it is important to look for savings and suggested some areas that the department can look at to recoup some costs. Alan Carvalho, Cathedral City resident, was called to speak. He feels that we can't afford to compromise the work of our Public Safety Departments. He wants to see Cathedral City move forward. He stated that those who spoke this evening are in favor of keeping our ambulance service, not getting rid of it. He feels we have one of the best ambulance services and questioned why we would think about getting rid of it. He also feels that the Council needs to look at other areas for funding. Sue Townsley, Cathedral City resident, was called to speak. She spoke about her experience with the City's ambulance service and how appreciative she is for the service they provide. She then spoke about her experience with AMR in Cathedral City Page 6 Printed on 10/16/2019 Palm Springs. She feels that the professionalism she received from Cathedral City Fire Department was invaluable. Councilmember Raymond Gregory thanked the Fire Chief for his presentation and his efforts in looking for ways to provide better service and costs. He stated that he feels that there is not one service provided by the City that should not be evaluated. He feels that it is very clear that we are receiving excellent service at a reasonable cost and feels there is no need to explore this topic any longer. Mayor Pro Tern John Aguilar stated that he has serious concerns considering the privatization of our ambulance service. He spoke about a conversation he had with an AMR employee regarding their compensation and the response times that are causing them stress. He feels that there is no need to explore this topic any longer. Mayor Mark Carnevale feels that the quality of service provided by our Public Safety Department does not compare to any other service and feels that they are invaluable and that this topic does not need to be discussed any longer. He thanked Councilmember Gutierrez for his efforts and for being a good steward of the City's finances. B. On-Call Service Contract for Public Works Construction Inspection Services Recommendation: To award a 2-year on-call inspection services contract to GC Construction Inspection Management, Inc. for construction inspection support services for the City Engineering Department; and, authorize the City Manager (or designee) to execute the contract documents; and approve an amendment to Engineering's Professional and Technical Services budget in the amount of $80,000. M.O. 2019-121 A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to award a 2-year on-call inspection services contract to GC Construction Inspection Management, Inc. for construction inspection support services for the City Engineering Department; and, authorize the City Manager (or designee) to execute the contract documents; and approve an amendment to Engineering's Professional and Technical Services budget in the amount of$80,000. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb C. Supplemental Law Enforcement Services Account (SLESA) Growth Funds for Fiscal Year 2017-2018 Cathedral City Page 7 Printed on 10/16/2019 Recommendation: To approve the acceptance of SLESA Growth Fund Revenue and approve the identified uses of the additional allocation. Nancy Ross, Cathedral City resident, was called to speak. She expressed her concern with privacy and the importance of having a policy in place prior to the installation of the cameras. Edward Holzhauer, Cathedral City resident, was called to speak. He stated that he is all for safety, however, he feels that a policy needs to be in place and expressed his concern with infringing on privacy. He feels that the purpose of the cameras should be clearly stated. Yasim Espinoza, Cathedral City resident, was called to speak. She expressed her concern with privacy and facial recognition with the cameras. M.O. 2019-122 A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to approve the acceptance of SLESA Growth Fund Revenue in the amount of$46,510.04 in the FY 2017-2018 SLEASA Grant Fund Revenue Account 247-4578-6731 and the allocation of $38, 767.13 for the purchase of a Security Lines US HD Camera System and the allocation of $12,139.40 for the purchase of a Computer Server for the WatchGuard System as uses with the remaining balance to be allocated in accordance with the provisions of the FY 2018-2019 SLESA Grant for allowable uses and to develop a policy for the use of the cameras with considerations for the privacy of the general public. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb 7. CLOSED SESSION All of the items listed on the Agenda under Closed Session were heard during the Study Session portion of the meeting and are reflected in the October 9, 2019 Study Session Minutes. A. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Corey Goddard v. City of Cathedral City; USDC Case Number: 5:19-CV-00482 B. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: Two Cathedral City Page 8 Printed on 10/16/2019 C. Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property Location: 68770, 68776, 68780, 68811 First Street, APN's 687-201- 001 through 687-201-004 located at the Southeast corner of Buddy Rogers Ave and Monty Hall Drive Negotiating Parties: City of Cathedral City and the Agua Caliente Band of Cahuilla Indians Property Owner: City of Cathedral City Under Negotiations: Payment and Terms for sale of real property ADJOURN Mayor Mark Carnevale adjourned the October 9, 2019 Regular City Council Meeting at 9:35 PM ,U Mayo City of hedral City City Clerk, City of Cathedral ai Cit Cathedral City Page 9 Printed on 10/16/2019