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HomeMy WebLinkAboutCC Minutes 2020-02-12 44 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, February 12, 2020 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 John Aguilar. • ROLL CALL Attendee Name Title Status Arrived John Aguilar Mayor Present 4:00 PM Raymond Gregory Mayor Pro Tem Present 4:00 PM Mark Carnevale Councilmember Present 4:00 PM Ernesto Gutierrez Councilmember Present 4:00 PM Rita Lamb Councilmember Present 4:00 PM • AGENDA FINALIZATION Eric Vail, City Attorney, announced that there is one item of anticipated litigation that has arisen since the publication of the Agenda that requires action prior to the next City Council Meeting. It will be done pursuant to Government Code Section 54956.9(d)(2), which means there will be two cases that will be heard under item 1. The City Council is required to make a Motion to add the urgency item to the agenda and it must be approved by a 4/5 votes. A motion was made by Mayor Pro Tern Gregory and seconded by Councilmember Carnevale to add a Closed Session Item to the Agenda - Conference with Legal Counsel- Anticipated Litigation pursuant to Government Code Section 54956.9(d)(2) - one case. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb • 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 listed on the agenda. A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: Two B. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: AFSCME - The American Federation of State, County and Municipal Employees CCPOA - Cathedral City Police Officers Association CCPFA - Cathedral City Firefighters Association CCFMA - Cathedral City Fire Management Association The City Council recessed to Closed Session at 4:01 pm. The City Council reconvened at 4:35 pm. Eric Vail, City Attorney, announced that the City Council met in Closed Session to discuss item 18. Conference with Labor Negotiator and AFSCME, CCPOA, CCPFA and CCFMA, there was no reportable action taken. Item 1A will be heard at the end of the Study Session Meeting or during the Regular portion of the meeting and will be reflected in the Regular Meeting minutes of February 12, 2020. • STATEMENT OF PARTICIPATION BY THE CITY CLERK 2. PUBLIC COMMENT 3. STUDY SESSION A. Presentation - Coachella Valley Volunteers in Medicine Recommendation: This is a presentation only, there is no action required with this item. Caroline Broski, on behalf of Executive Director Doug Morin, Coachella Valley Volunteers in Medicine, provided a presentation on the no-charge clinic they have in Indio. She stated that they are a non-profit organization that provides medical and dental services at no cost to adults in the Coachella Valley who have no insurance. She gave an overview on the number of individuals they Cathedral City Page 2 Printed on 2/26/2020 serve throughout the Coachella Valley, including residents of Cathedral City, the type of services they provide and the process to receive care. Individuals that are seeking care need to fill out an application, show proof of residency and income. Homeless individuals are accepted for care even if they can't provide proof of residency. B. Update on Desert Community Energy (DCE) Status Recommendation: This item is presented for information, discussion and direction to the City's DCE Board Representative. Tom Kirk, Executive Director of CVAG, introduced Katie Barrows, Director of Environmental Services and staff member of Desert Community Energy (DCE). Katie Barrows, Director of Environmental Services, provided an overview of the DCE including the formation and where they are today. She noted other CCA's in the State of California. She explained how the current generation and delivery works with Southern California Edison and how it will work with DCE. She explained that customers are automatically "in" but can "opt" out at any time. Customers have a choice to go with the Basic Service, which is 35% renewable, or the Premium Service, which is 50% Renewable (100% Carbon Free) or they can stay with Southern California Edison. Councilmember Mark Carnevale questioned why residents must opt out rather than having the option to opt into the program. Ms. Barrows responded that the opting out option was established this way by State law. She provided an overview on what the DCE believes to be the benefits, it provides competitive rates, local control, local rate setting, revenues are invested in the community, reduced greenhouse gases and cleaner energy choices. Councilmember Rita Lamb questioned the process of buying the power, who is the purchasing agent and how revenue is generated and used. She also questioned where the profit comes from. Ms. Barrows responded that DCE has engaged with a non-profit public power agency called the Energy Authority (TEA) to provide credit and contracts for power purchases. She further responded by explaining that any excess revenues generated above the cost to sustain the program will be under the jurisdiction of the Board and can go to a variety of purposes of benefiting the local company instead of share-holders. Mayor John Aguilar questioned what the direct financial liability could be. Ms. Barrows explained that the City is protected by the Joint Powers Authority if there is an adverse effect on revenues. Mayor Aguilar requested that the City Attorney confirm what the liability is. Eric Vail, City Attorney, stated that the Joint Powers Authority (JPA) is a separate Cathedral City Page 3 Printed on 2/26/2020 legal entity which provides the City with liability protection. Should the City decide to pull out of the JPA at some point in time, the City could be liable under certain circumstances if there are long term contracts in place. Councilmember Ernesto Gutierrez questioned if the DCE has employees or do they plan on having employees in the future. Tom Kirk, Executive Director of CVAG, responded that CVAG staffs the organization to keep the costs down and it would not be his recommendation to hire any in the future. Ms. Barrows and Mr. Kirk explained the Utility Discount program for DCE, where residents can get up to a 30% savings and their efforts in outreach to increase the enrollment in the CARE/FERA programs. The outreach for the CARE/FERA programs is happening in the three member cities regardless to whether or not they are moving forward with the launch of the program at this time or not. Ms. Barrows provided an overview of the Climate Action Plan Goals. She also presented information to the Council on Cathedral City's Municipal Accounts including the costs and savings. She displayed the comparison between DCE and SCE. She ended her presentation with outlining the options for the City moving forward. Mayor John Aguilar questioned what Cathedral City is getting for being a part of the DCE and would it be beneficial to the City to join forces with an established entity. Ms. Barrows responded that the DCE is anxious to offer workshops, through the use of the advisory committee, to explain what the DCE is about. They will do whatever presentations and educational outreaches that they are requested to do to get the word out to residents and businesses. Mr. Kirk stated that CVAG is ambivalent and there is no benefit to either he or Ms. Barrows no matter what Cathedral City does. He also stated that if only Palm Springs ends up staying with DCE he would recommend that JPA disband or have Palm Springs take it over. He stated that if the Council decides to get out of the DCE or go with another entity, the City would just lose the local control. Councilmember Ernesto Gutierrez asked various questions related to the DCE, clean energy and the rates. Shelley Kaplan, Cathedral City resident, was called to speak. He supports moving forward with the Desert Community Energy Community Choice Aggregation program in Cathedral City. He presented the following three reasons for moving forward: 1. Local control 2. Southern California Edison is an investor owned entity which generate profits that go to their stockholders, whereas DCE would allow some money to remain in the valley and used to produce additional green Cathedral City Page 4 Printed on 2/26/2020 energy. 3. DCE has hired Life to Rise to help market the CARE and FERA programs to allow residents to take advantage of reducing their energy bills. He feels that this is a tremendous opportunity for the City and makes long term sense. Mayor Pro Tem Raymond Gregory thanked Katie Barrows and Tom Kirk for their presentation. At this time, he does not support moving forward, however, he would like to take the wait and see position and monitoring what happens in Palm Springs. Councilmember Mark Carnevale stated that he is not ready to move forward at this point. He would vote to remove Cathedral City from the Joint Powers Authority entirely. Councilmember Ernesto Gutierrez does not feel that moving forward with the DCE is in the best interest of the City and would vote to move away from the Joint Powers Authority. Councilmember Rita Lamb also agrees with the rest of the Council and does not support moving forward. She feels we need to reach out to the residents about the CARE and FERA programs. Mayor John Aguilar stated that he has been a part of the long-standing commitment to be green and sustainability in this community. He strongly believes that it is not the time to remove ourselves from the Joint Powers Authority. He feels that we should stay in the Joint Powers Authority and reevaluate in a year. It was the consensus of the City Council to direct staff to agendize an item for formal action to withdraw from the JPA at a future meeting date. C. Smoke Alarm Inspections and "Safe and Sane" Fireworks Recommendation: This item is provided for information, discussion and direction only Fire Chief Paul Wilson indicated that the Council will be considering the adoption of the 2019 Building and Fire Codes at an upcoming Council Meeting. He stated that staff is seeking direction from the City Council on whether or not they want to include the local amendments that are currently in existence. He provided an overview of local amendment related to safe and sane fireworks. Shelley Kaplan, Cathedral City resident, was called to speak. He stated that he supports the elimination of safe and sane fireworks. Alan Carvalho, Cathedral City resident, was called to speak. He stated that he supports eliminating fireworks and feels that there are alternatives to raise money for organizations. Brad Anderson, Rancho Mirage resident, was called to speak. He suggested Cathedral City Page 5 Printed on 2/26/2020 holding a workshop related to this item so the community is aware of the change. Mayor Pro Tem Raymond Gregory questioned if staff will continue with the enhanced enforcement and educational materials that the City has done in the past related to the enforcement of illegal fireworks. Chief Wilson responded in the affirmative until which time the issues diminish. Councilmember Rita Lamb stated that she worries about the safety of the kids, however, she also knows that the non-profits have come to count on this fund raiser. She would be interested in having a community outreach to come up with ideas for future funding. Fire Chief Wilson stated that the Council can make the effective date of July 6, 2020, which will allow the non-profit organizations to have the opportunity to have a year to plan for an alternate source of funding. Mayor John Aguilar stated that he would support allowing a year for the non- profits to find alternative funding, however, he would also support moving forward at this time. He believes that this is a quality of life issue. Mayor Pro Tem Raymond Gregory stated that we will continue to have problems with fireworks whether or not we do away with safe and sane and feels that the City needs to be realistic about that. Councilmember Ernesto Gutierrez requested information on issues related to fireworks. He stated that he feels that it is a health and safety issue and thanked the Chief for bringing it up. Mayor John Aguilar announced that further discussion on this item will be heard at the end of the Regular Meeting of February 12, 2020, and will be reflected in both sets of minutes. The following discussion took place during the Regular City Council meeting: Fire Chief Paul Wilson provided an overview of the local amendment related to the smoke alarm inspections. He indicated that he is seeking direction from the City Council on whether to continue the requirement or not. Randy Wiemer, Cathedral City resident, was called to speak. He spoke on behalf of the Palm Springs Regional Association of Realtors concurs with staff's recommendation to not continue with the local amendment requiring smoke alarm inspections. Josie Diaz, Cathedral City resident, was called to speak. She spoke on behalf of the Knights of Columbus in regard to safe and sane fireworks. She stated that they have done fireworks in the past to raise money, however, the expenses were very high. She feels that there are other ways for the non-profits to raise money. Cathedral City Page 6 Printed on 2/26/2020 Alan Carvalho, Cathedral City resident, was called to speak. He thanked the City Council and noted that through the firework issues he became friends with Ms. Diaz and offered to help her find other ways to raise money. Councilmember Mark Carnevale is in favor of ending the "safe and sane" fireworks in 2020. Mayor Pro Tern Raymond Gregory would like to ensure the public has the opportunity to speak on this item should the Council decide to end the sale and use of safe and sane fireworks in 2020. It was the Consensus of the Council to direct Staff to bring the back for consideration, the adoption of the 2019 Building and Fire Code on the February 26, 2020 City Council agenda with an effective date of April 13, 2020, which will end the sale and use of safe and sane fireworks in 2020. D. Community Events Budget for FY20-21 Recommendation: This item is presented for information, discussion and direction only. This item will be heard during the Regular Meeting and will be reflected in the Regular Meeting minutes of February 12, 2020. ADJOURN Mayor John Aguilar adjourned the Study Session meeting of February 12, 2020 at 6:30 pm. I %LA At L(T__rylirs ay. , City of edral City City Clerk,,Eity of Cathedral Cit Cathedral City Page 7 Printed on 2/26/2020 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, February 12, 2020 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 6:38 PM by Mayor John Aguilar. • PLEDGE OF ALLEGIANCE Mayor Pro Tem Raymond Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Ernesto Guiterrez offered the Invocation. • ROLL CALL Attendee Name Title Status Arrived John Aguilar Mayor Present 6:38 PM Raymond Gregory Mayor Pro Tem Present 6:38 PM Mark Carnevale Councilmember Present 6:38 PM Ernesto Gutierrez Councilmember " Present 6:38 PM Rita Lamb Councilmember Present 6:38 PM • AGENDA FINALIZATION Item 6F. Public Arts Commission recommendation to purchase "The Flash 2019" and install within the Cathedral City Community Amphitheater, was pulled from the agenda. Item 3C. CVRep Loan Modification, was pulled from the Consent Agenda for separate consideration. • STATEMENT OF PARTICIPATION BY THE CITY CLERK Councilmember Mark Carnevale announced that acting Chief Yoakum is leaving Cathedral City. He thanked acting Chief Yoakum for his service and stated that he will be missed. Acting Chief Yoakum stated that it has been a pleasure to work for Cathedral City. He feels that the men and woman of the Police Department are amazing and he is proud to have led them. He encouraged the City to select a new Chief that is caring and compassionate. 1. PUBLIC COMMENT Joanne Kennon, Cathedral City resident, was called to speak. She thanked the Mayor, Fire Department, Police Department and City Staff for allowing her the opportunity to produce the North Pole Village at Snowfest. She also thanked the Public Arts Commission for their help with building the villages. She presented gifts of appreciation to Council, Fire Department and Police Department. Dr. lfthika Nissar, Cathedral City resident, was called to speak. She expressed her concern about the overall safety and impact of short-term vacation rentals. Teri Hargreaves, Cathedral City resident, was called to speak. She expressed her concern with short-term vacation rentals and urged the Council to read all the comments and results of the short-term vacation rental surveys. She discussed multiple shootings that have occurred at different Airbnb locations throughout the United States. Brad Anderson, Rancho Mirage resident, was called to speak. He expressed his concern with the limitation of the public's speaking rights at agency meetings. Alan Carvalho, Cathedral City resident, was called to speak. He indicated that he is representing the Public Arts Commission. He spoke on the loss of the "The Flash 2019" art piece. He expressed his concern with the process to purchase art pieces and feels it is problematic. Doug Evans, Cathedral City resident, was called to speak. He thanked staff for all their hard work. He expressed his concern with short-term vacation rentals. He thanked the Council and Staff for having City Hall at Your Corner and spoke about the location and the recent stabbing that took place at a short-term vacation rental. He discussed a resident selling their house due to the issues with short-term vacation rentals and feels the City Council has a chance to fix the problem. Ron Mendiola, Cathedral City resident, was called to speak. He thanked the Council for their service. He expressed his concern with the short-term vacation rental next to his house, which he feels is a party house. He is frustrated and feels that it is not fair that he always has to be on the defense. His quality of life and comfort of peace is not what it should be. He urged the Council to read the comments and results of the short-term vacation rental surveys and find a resolution. 2. COUNCIL REPORTS Councilmember Ernesto Gutierrez reported that he met with Lt. Luna to work on a Cathedral City Page 2 Printed on 2/20/2020 community outreach program which will be held at the Agua Caliente Elementary School on February 18, 2020, at 5:30 pm and invited everyone to attend. He and Mayor Pro Tem Gregory met with a developer for the 13.5 acres of land downtown. He attended taste of Jalisco at the new Cathedral City Community Amphitheater. The amphitheater is a beautiful park and it was wonderful to see the kids playing in the park. He met with several residents voicing their concerns with code enforcement, short term vacation rentals and parking enforcement. He has heard complaints about commercial vehicles parking on residential streets and assured the public that they are working hard regarding this issue. He attended a census meeting with Mayor Pro Tern Gregory and reminded everyone of the importance of being counted. He thanked acting Chief Yoakum for his service. He requested that an item be agendized to discuss billboards and the advertisement of cannabis. Councilmember Rita Lamb reported that she attended the Desert Community Energy Meeting in Palm Desert, the League of CA Cities division meeting in San Jacinto and the Chamber of Commerce mixer at the Runway. She attended the Lift to Rise Launch event where they discussed the outreach for the CARE and FERA programs. She also attended the Cathedral City High School Choir fundraiser at the Sunrise Café, the League of CA Cities New Councilmember Conference, the City Council Goal Setting meeting and the RSVP luncheon event at Heritage Ponds. She had meetings with City Manager Charles McClendon, Mr. Acosta from the Museum of Ancient Wonders and Public Arts Commissioner Nancy Ross. She mentioned that Mayor Aguilar spoke at the Rotary and he was a wonderful speaker. She also attended the Ribbon cutting at the Coachella Valley Mission. Councilmember Carnevale reported that he attended the Coachella Valley Animal Campus meeting, where they spoke on raising rates. He would like to re-visit the Desert Hot Springs option for Animal Control services. He attended the Taste of Jalisco event, which was great. He will be attending the CVAG Homeless Committee meeting hosted by Supervisor Perez, the SunLine presentation, the DVBA luncheon, Palm Springs Motors Mixer on February 20, 2020, at 5:30 pm. He announced that the Mary Nutter Softball Tournament will begin on February 20, 2020 at 8:30 am, where he will be throwing out the first pitch and the Agnes Pelton Society Event on February 23, 2020 at 11:00 am. He will also be attending the ribbon cuttings for the Southern Bell and new 7-11 store. Mayor Pro Tern Gregory, met with several residents and staff. He attended the annual Goal Setting Meeting and thanked the City Manager for organizing and managing the event. He attended the Movies in the Park event at Panorama Park. The next event will be held on February 22, 2020 and the movie is "Wonder Park". He attended the CVAG transportation Committee meeting, the Desert Business Association Meeting at the Museum of Ancient Wonders, the 2 Day Annual Conference for the Riverside Transportation Committee and the Taste of Jalisco Event at the Cathedral City Community Amphitheater. He also attended CVREP's production of "Ballroom", which was very well done and worthwhile to see. He attended the CVAG Public Safety Committee meeting where a variety of topics were discussed. He also attended the City Hall at your Corner and the Census Complete Meeting and reminded everyone about the importance of being counted. Mayor John Aguilar stated that the level of activity that the City Council covers is a Cathedral City Page 3 Printed on 2/20/2020 testimony to their commitment to the City and thanked the Council for their service. He reported that he attended the College of the Desert State of the College event where an update was given on the automotive technology center in Cathedral City. He, along with Councilmember Carnevale, participated in the point in time homeless count. He stated that the Police Department does a wonderful job. 3. CONSENT AGENDA A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb A. Receive and file Payment of Claims and Demands for January 2020 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency, the Housing Successor Agency, and the Cathedral City Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of$7,807,522 for the month of January 2020. M.O. 2020-20 B. Minutes Approval M.O. 2020-21 1. City Council - Study Session - Jan 22, 2020 4:00 PM 2. City Council - Regular Meeting - Jan 22, 2020 6:30 PM C. 2008 pulled from Consent D. Day of the Young Child 2020 Recommendation: To approve Special Use Permit #20-002 to hold the annual Day of the Young Child. Dr. lfthika Nissar, Cathedral City resident, was called to speak. She thanked the Council for their continued support for the Day of the Young Children Event and invited the Council members to the CELS Eastern Region Legislative Breakfast on Friday March 20, 2020 at College of the Desert from 7:30 to 10:30 am. M.O. 2020-23 E. Second Reading Ordinance Amending the Definition of Art Education Recommendation: To provide second reading, by title only, and adopt an ordinance amending the definition of art education as it relates to the Art in Public Places program. Cathedral City Page 4 Printed on 2/20/2020 Alan Carvalho, Public Arts Commission Chairman, was called to speak. He thanked the City Council for the Ordinance amending the code for clearer definitions. Ord 832 F. Approval of Intergovernmental Memorandum of Understanding with the Agua Caliente Band of Cahuilla Indians regarding the Ramon Road Bridge Widening Project Recommendation: To authorize the Mayor to execute the attached Intergovernmental Memorandum of Understanding with the Agua Caliente Band of Cahuilla Indians regarding Tribal Transportation Program Funding for the Ramon Road Bridge Widening Project. M.O. 2020-24 4. ITEMS PULLED FROM CONSENT CVRep Loan Modification Recommendation: Staff recommends the Foundation Board authorize a loan modification, extending the original maturity to June 30th, 2023. Councilmember Ernesto Gutierrez suggested that the interest rate be raised by 3% as a protection should they default or request a future loan modification. Mayor Pro Tem Raymond Gregory is not in favor of increasing the interest rate at this time. He feels it could be addressed at a later time should they default. Councilmember Mark Carnevale is not in favor of increasing the interest rate at this time. Alan Carvalho, Cathedral City resident, was called to speak. He is not in support of changing the amendment to the loan modification, be a good neighbor. M.O. 2020-22 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to authorize a loan modification, extending the original maturity date to June 30, 2023. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb 5. PUBLIC HEARINGS 6. LEGISLATIVE ACTIONS Cathedral City Page 5 Printed on 2/20/2020 A. DRD Agreement to Operate the Cathedral City High School Swimming Pool for Public Use Recommendation: To approve an Agreement between the City of Cathedral City and the Desert Recreation District, for operation of the Cathedral City High School Swimming Pool for Public Use during the Summer Months of 2020 Fire Chief Paul Wilson gave an overview on the proposed agreement between the City of Cathedral City and the Desert Recreation District, for operation of the Cathedral City High School Swimming Pool for public use during the summer months of 2020. Nancy Ross, Cathedral City resident, was called to speak. She feels that the City Council and Staff have done a superior job with this program. She hopes we have a long and successful relationship with Desert Recreation District. Alan Carvalho, Cathedral City resident, was called to speak. He thanked the City Council and feels this is a big deal for the City. M.O. 2020-25 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to approve an agreement between the City of Cathedral City and Desert Recreation District for the operation of the Cathedral City High School Swimming Pool for Public Use during the Summer Months of 2020, with a not to exceed amount of $55,000, which will include the one time cost of the lifesaving equipment. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tern SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb B. Interview Applicant for the Historic Preservation Committee and Consider Possible Appointment Recommendation: To interview Baudilio Corrales and consider appointing him to fill the vacant seat on the Historic Preservation Committee with a term continuing to June 30, 2022. Mayor John Aguilar suggested that the City Council wave the interview of Baudilio Corrales, as he has already been interviewed previously for another committee. Mayor Pro Tem Raymond Gregory concurred with Mayor Aguilar. Baudilio Corrales thanked the City Council. He stated that he is proud to be a member of Cathedral City and looks forward to serving the City. M.O. 2020-26 Cathedral City Page 6 Printed on 2/20/2020 A motion was made by Mayor Pro Tern Gregory and seconded by Councilmember Lamb to appoint Baudillo Corrales to the Historic Preservation Committee with a term continuing to June 30, 2022. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb C. Contract for Services - Event Bookers for the Cathedral City Community Amphitheater Recommendation: To approve contract for services for booking events at the Cathedral City Community Amphitheater. Christopher Parman, Communications and Events Manager gave an overview on the proposed contract for booking and management services for the Cathedral City Community Amphitheater. Eric Vail, City Attorney, stated that language will be added in Section 4 under mutual obligations, stating that parties shall avoid collusion, price fixing and bargaining. M.O. 2020-27 A motion was made by Councilmember Gutierrez and seconded by Councilmember Lamb to approve the contract for services for booking events at the Cathedral City Community Amphitheater with added language proposed by the City Attorney. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb D. Ordinance Amending the Meeting Procedure for the Public Arts Commission Recommendation: To introduce and provide first reading, by title only, an ordinance amending the meeting procedure for the Public Arts Commission to meet as may be necessary to fulfill its duties. John Corella, Director of Engineering and Public Works gave an overview of the proposed ordinance amending the meeting procedures for the Public Arts Commission. Alan Carvalho, Cathedral City resident, was called to speak. He thanked John Corella, Director of Engineering and Public Works, for his due diligence and the City Council for the clarification. M.O. 2020-28 Cathedral City Page 7 Printed on 2/20/2020 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Gutierrez to provide first reading, by title only, an ordinance amending the meeting procedure for the Public Arts Commission to meet as may be necessary to fulfill its duties. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb E. Budget Amendment for the Cathedral City Community Amphitheater Recommendation: To approve a General Fund Budget Amendment of $975,000.00 to complete the Cathedral City Community Amphitheater. John Corella, Director of Engineering and Public Works gave an overview of the proposed budget amendment for the Cathedral City Community Amphitheater. M.O. 2020-29 A motion was made by Councilmember Gutierrez and seconded by Councilmember Lamb to approve a General Fund Budget Amendment in the amount of $975,000.00 for the completion of the Cathedral City Community Amphitheater. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb 3C. Smoke Alarm Inspections and "Safe and Sane" Fireworks Fire Chief Paul Wilson continued the presentation on Study Session Item 3C. Smoke Alarm Inspections and "Safe and Sane"fireworks. Fire Chief Paul Wilson provided an overview of the local amendment related to the smoke alarm inspections. He indicated that he is seeking direction from the City Council on whether to continue the requirement or not. Randy Wiemer, Cathedral City resident, was called to speak. He spoke on behalf of the Palm Springs Regional Association of Realtors concurs with staff's recommendation to not continue with the local amendment requiring smoke alarm inspections. Josie Diaz, Cathedral City resident, was called to speak. She spoke on behalf of the Knights of Columbus in regard to safe and sane fireworks. She stated that they have done fireworks in the past to raise money, however, the expenses were very high. She feels that there are other ways for the non-profits to raise money. Cathedral City Page 8 Printed on 2/20/2020 Alan Carvalho, Cathedral City resident, was called to speak. He thanked the City Council and noted that through the firework issues he became friends with Ms. Diaz and offered to help her find other ways to raise money. Councilmember Mark Carnevale is in favor of ending the "safe and sane" fireworks in 2020. Mayor Pro Tem Raymond Gregory would like to ensure the public has the opportunity to speak on this item should the Council decide to end the sale and use of safe and sane fireworks in 2020. It was the Consensus of the Council to direct Staff to bring the back for consideration, the adoption of the 2019 Building and Fire Code on the February 26, 2020 City Council agenda with an effective date of April 13, 2020, which will end the sale and use of safe and sane fireworks in 2020. 3D. Community Events Budget for FY 20-21 Christopher Parman, Communications and Events Manager gave an overview of the Community Events Budget for 2020-2021. Josie Diaz, Cathedral City resident, was called to speak. She stated that Cathedral City Tejano Festival is in competition with other cities. She feels we are already well known and have already presold tables for the event. She hopes the City Council will help with the extra funds needed to continue to make the event a success. Alan Carvalho, Cathedral City resident, was called to speak. He suggested the Cathedral City Community Amphitheater be rented out during the Tejano Music Festival. Councilmember Ernesto Gutierrez asked Mayor Pro Tem Gregory about the success of the "Movies in the Park"event. Mayor Pro Tem Gregory stated that the "Movies in the Park" events have had a decline in attendance, and he feels there are some ways to adjust and improve on including the time the movies begin. Christopher Parman suggested limiting the Snowfest event down to 4 hours and keeping it as is. Councilmember Lamb concurs with Christopher Parman. Mayor Pro Tem Raymond Gregory concurs with Christopher Parman in regard to Snowfest. He would like to discuss the future of the Tejano Festival and suggests the Council have a process moving forward for growing festivals. Mayor John Aguilar concurs with Mayor Pro Tem Gregory. He feels it would be useful for Staff to bring back a process. He is in favor of reducing the hours of Snow Fest and supports the request for the Tejano Music Festival. Cathedral City Page 9 Printed on 2/20/2020 Councilmember Mark Carnevale concurs with Mayor Aguilar. He would like to find a way to use the Cathedral City Community Amphitheater for the Tejano and Snow Fest events in the future. He feels the City has come a long way in 5 years. It was the consensus of the City Council to approve the following revisions to the events budget for FY2020-2021 with the exception of Snow Fest which will remain at $10,000 and a 4-hour event: 1. Tejano Music Festival- Additional $8,000. 2. Movies in the Park - Increased to $7,700. 3. Snow Fest- Remain at$10,000 with a 4-hour event. 4. Cinema Diverse and the Harvey Milk Breakfast - A budget of $1,000 each event ($2,000 total). 7. CLOSED SESSION Eric Vail, City Attorney, announced that the City Council met in Closed Session during the Study Session portion of the meeting to discuss item 78. and will be reflected in the Study Session minutes of February 12, 2020. The City Council will meet to Closed Session to discuss item 7A. Conference with Legal Counsel - Anticipated Litigation for two cases. A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: One B. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: AFSCME - The American Federation of State, County and Municipal Employees CCPOA - Cathedral City Police Officers Association CCPFA - Cathedral City Firefighters Association CCFMA - Cathedral City Fire Management Association The City Council recessed to Closed Session at 9:25 p.m. The City Council reconvened at 10:00 pm. Eric Vail, City Attorney, announced that the City Council met in Closed Session to discuss item 7A. Conference with Legal Counsel - Anticipated Litigation for two cases and the following action was taken: The City Council unanimously voted to authorize a General Fund Budget Amendment in the amount of $137,767 payable to the California Department of Parks and Recreation Office of Grants and Local Services for the return of Park Grant monies received from 1984, 1986 and 1988 for the development of Agua Cathedral City Page 10 Printed on 2/20/2020 Caliente Elementary Park. ADJOURN Mayor John Aguilar adjourned the Regular meeting of February 12, 2020, at 10:00 pm. _ g I . . . . i,i/tz‘_te,(o 4 ' 1 / I Mayor,VCity of Cathe7•ral City City Clerk2City of athedral City I Cathedral City Page 11 Printed on 2/20/2020