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HomeMy WebLinkAboutCC Minutes 2020-03-25 111 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, March 25, 2020 5:30 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • CALL TO ORDER The meeting was called to order at 5:30 PM by Mayor John Aguilar. • ROLL CALL Attendee Name Title Status Arrived John Aguilar Mayor Present 5:30 AM Raymond Gregory Mayor Pro Tern Present 5:30 PM Mark Carnevale Councilmember , Present 5:30 PM Ernesto Gutierrez Councilmember Present 5:30 PM Rita Lamb Councilmember Present 5:30 PM Mayor John Aguilar, Mayor Pro Tem Raymond Gregory and Councilmember Rita Lamb all participated via teleconference. • AGENDA FINALIZATION • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT 2. 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 5:33 p.m. The City Council reconvened at 6:20 p.m. Eric Vail, City Attorney, announced that the City Council met in Closed Session to discuss two items of anticipated litigation and held a conference with Labor negotiators related to AFSCME, CCPOA, CCPFA, CCFMA, there was no reportable action taken. ADJOURN Mayor John Aguilar adjourned the Study Session Meeting of March 25, 2020 at 6:21 p.m. May r� City of Cath ral ity City CleriOCity of'Cathedral City Cathedral City Page 2 Printed on 4/01/2020 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, March 25, 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 6:30 PM by Mayor John Aguilar. • PLEDGE OF ALLEGIANCE Councilmember Ernesto Gutierrez led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Ernesto Gutierrez offered the Invocation. • ROLL CALL Attendee Name Title Status Arrived John Aguilar Mayor Present 6:30 PM Raymond Gregory Mayor Pro Tem Present 6:30 PM Mark Carnevale Councilmember Present 6:30 PM Ernesto Gutierrez Councilmember Present 6:30 PM Rita Lamb Councilmember Present 6:30 PM Mayor John Aguilar, Mayor Pro Tem Raymond Gregory and Councilmember Rita Lamb participated via teleconference. • AGENDA FINALIZATION Mayor John Aguilar requested that the City Council postpone item 6E. - Resolution Regarding Withdrawl from the Desert Cities Energy Choice Program and Joint Powers Authority. He stated that he personally does not believe that this item falls under the category of an essential item, and in addition to that, Council has received numerous comments on this item and feels that there may be more individuals that would comment under normal circumstances. He does not feel that this is an item of urgency and would like to postpone it. It was the consensus of the City Council not to postpone this item and to move forward with taking action this evening. • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT The following comments were read into the record: City Clerk, Tracey Martinez, indicated that she received phone calls from the following individuals that requested that their comments be made part of the record. Carmen Hernandez, Cathedral City resident, expressed her concern with individuals not complying with social distancing. She stated that there was a large group of individuals playing soccer at Century Park. Gary Scully, Precision Ultrasound and Weight Loss in Cathedral City, stated that he supports something being done that will allow landlords to give their renters a break during these uncertain times. City Clerk, Tracey Martinez, read the following emails for the record. Pattie Hagedorn, Bob Ohda, Ed Emond-Worline, Teri Hargreaves. Honorable Mayor Aguilar, Mayor Pro Tem Gregory and Council Members Ernesto Gutierrez, Rita Lamb and Mark Carnevale: • It seems like eons ago that the study session on March 11 took place, at which time City Council gave the STVR Task Force guidance and directions regarding going forward. • Some of us have been meeting electronically to decide how best to address the questions asked by Council at the study session, and we are in the process of putting together answers to send to you. • We believe Council directed the Task Force to continue addressing the issues of improved enforcement and regulations in connection with "Proposal 2" (phasing out STVRs in residential areas), and we will be coming up with preliminary options based on the various recommendations submitted to the Task Force. • We look forward to receiving direction from Charlie regarding how best to proceed in light of the coronavirus restrictions. We recognize that city staff has a lot to deal with right now and needs to set priorities. We also know that the issue of STVRs in Cathedral City now and in the long-run is not going away. We look forward to discussing with Charlie how to continue working on this issue in order to bring recommendation to Council as soon as possible, but in light of the unprecedented circumstances. We want to thank all of you as well as staff for all your hard work always, but especially during these very difficult and trying times. Chip Yarborough Cathedral City Page 2 Printed on 4/01/2020 i Dear Mayor, City Council, and City Manager, I am writing to you out of concern for our City and what these unprecedented times will bring to our future. I am sure that Tami and Charlie are telling you what the future may hold, but as a citizen I want to share with you my concerns. Traditionally, local governments see the loss of tax revenue one to two quarters out from what local businesses are experiencing now. I personally believe, and looking at financial information available to us, that this crisis is going to be much more difficult than what we experienced in 2008. As you know in 2008 through 2012, we were forced to make unprecedented cuts in the services provided to our City and the loss of public safety personnel. We know this from history, this is not something new. I urge the Council to be proactive and start reducing non-essential services now. I know the Unions will scream and shout, but hopefully they will see that if you don't take this action now, layoffs will be in their future. All discretionary spending should be stopped! One example that I saw yesterday was our public works staff was hedging weeds on Date Palm. That is not an essential function that needs to be done now. You, as a Council, need to make proactive and bold decisions now. You should be putting every single non-essential function on hold and put that money in reserves. This action may very well save essential services in the future. As 1 went to the Pharmacy today to pick up medication, I drove by businesses that certainly are not essential open. Unfortunately, some people are not seeing the numbers of infections double and triple each day. Thank you for listening, I am just a very concerned citizen and don't want our City to be bankrupt! Geoff Corbin, Cathedral City Senior Center Cathedral City Senior Center faces a short-term urgent funding need created by the C19 pandemic that will soon significantly interrupt essential services to the area's most vulnerable seniors. Situation Analysis: What does COVID-19 mean for Cathedral City Senior Center? Every person, business and nonprofit faces challenges due to the C19 pandemic. There are challenges unique to senior centers that provide services to seniors who are most at risk of acquiring the virus. Additionally, Cathedral City Senior Center seniors face disproportionate hardship economically, medically and nutritionally. Less fundraising capacity and public funding than Coachella Valley's other two nonprofit senior centers appreciably multiplies Cathedral City Senior Center's current Cathedral City Page 3 Printed on 4/01/2020 challenge. Two particularly significant issues have emerged and CCSC is committed to tackling them: 1. Loss of community Hundreds of seniors experience their most meaningful or only sense of community at the senior center due to reasons such as loss of a spouse, family separation, medical, financial, and nutritional challenges, and others. Part of the center's mission is to prevent isolation, meanwhile isolation is the strategy utilized to contain the epidemic. We know firsthand that isolation is unhealthy for seniors at best, deadly at worst. • CCSC is converting essential isolation-reduction programming and services from space-based and center-centric in nature to online and virtual gathering places keeping physical distancing but reducing social isolation. • CCSC has initiated automated-calling informational updates, increased social media connections, and developed a Friendly Connections call, text and email service connecting volunteers with isolated members weekly. On a limited basis, small cadres of center volunteers deliver food, medications and run errands for members with additional needs. • For the entire senior community in Cathedral City and surrounding areas, Cathedral City Senior Center is a great first call. Volunteers continue to staff the center's phones from 9 a.m. to 4 p.m. and make referrals from an updated and evolving compilation of crisis and other community services, e.g., a counseling hotline, delivery services, and more. CCSC: 760-321-1548 / www.theccsc.org /FB Cathedral City Senior Center 2. Loss of essential services Cathedral City Senior Center provides daily lunch to our area's most nutritionally vulnerable seniors, some of whom divide that lunch in half to preserve a partial meal for dinner. CCSC is one of few senior centers serving lunch five days a week, pointing to the need, and a weekly Food Bank open to seniors who are members, non-members, from low-income housing and the community who have been pre- qualified. • Federal, state, and local emergency declarations identify CCSC's nutritional programming to vulnerable seniors as an essential service. The center has modified lunch and food bank programming to continue through curbside pickup and volunteer delivery. Ed Emond-Worline Honorable Mayor Aguilar, Mayor Pro Tern Gregory, Council Members Mark Carnevale, Ernesto Gutierrez and Rita Lamb: In light of the COVID-19 virus, several orders have been issued by various California government authorities (State, County and cities) restricting the use of Short-Term Cathedral City Page 4 Printed on 4/01/2020 Vacation Rentals (STVRs) within their jurisdiction. To name a few local ones: - Palm Springs - Rancho Mirage - San Bernardino County I ask our City Council to consider adopting similar short-term vacation restrictions, perhaps just copying the one issued by the City of Palm Springs. Thank you. Brad Anderson, Rancho Mirage Resident Dear Cathedral City Council Members, During the Cathedral City Council meeting (March 11, 2020 - 6:30 p.m. meeting) the Mayor motioned to the Public speaker (Brad Anderson) to complete his spoken testimony on agenda and non-agenda items that the Mayor directed the speaker to perform out of the normal routine of the Council's meeting format. Because of the mayor's approach to have the speaker perform his public comments prior to any Board staff reports and Board discussion. That action limited the speaker abilities to completely be involved in the meeting tone and decorum. Additionally, other Public Speakers were allowed to participate in the normal routine of public testimony. And as stated before, the Mayor did mention that the speaker (Brad Anderson) was over on his allotment of three (3) minutes per item/topic. And as you are aware, the speaker (Brad Anderson) spoke on three (3) items - First item was timed at 2:18 minutes, and the Second item was timed at 0.59 Seconds, and the Third item was timed at 0.37 Seconds. Please consider the Public good and the Public's right to participate in the people's business. And please refrain from limiting voices that have or may cause distress and or embarrassment to members that represents the Public. Please consider the prior approval of the Meeting minutes of the Special City Council meeting of January 25, 2020. As you are aware, Brad Anderson was the only member of the Public that submitted public comments (non-agenda) at that morning meeting and those comments were concerns of that meeting being held outside of the Cathedral City boundaries and not advertised to Cathedral City residents in an effective matter. Also, please approve to withdraw from participation in the 'Desert Cities Energy Choice Program and Joint Powers Authorities" (DCE) this poorly operated and resource draining endeavor will damage the City's resident's ability to afford basic requirement to succeed. And as you are aware, the over-priced and unnecessary funds that have already been allocated to business firms to perform tasks that are not needed and the potential profiting of localized interests. 2. COUNCIL REPORTS Councilmember Rita Lamb, announced that Wells Fargo opened their new branch on Ramon Road and Date Palm. She stated that there is a beautiful mural inside the branch that was a cooperative effort of the Historical Society and Wells Fargo, she thanked the following individuals for their contribution: Julie Hause, Don Bradley, Robert Gomer, Margie St. Anthony, Beverly Burn and Denise Cross. She Cathedral City Page 5 Printed on 4/01/2020 r also announced that the SCRAP Gallery will be having a Student Poster Contest in honor of Earth Day, "What's Your Cause", posters are due by April 17, 2020. She announced that there are community resources available, the Desert Health Care District and Foundation in partnership with IEHP and 211 San Bernardino have a community resource search engine related to COVID -19. She also announced that Southern California Edison has the CARE and FERA program that offers reduced rates for low income households and may also have reduced summer rates programs. She requested that this information may be included on the Discover Cathedral City website. She reported that she met with Robert Rodriguez, Director Planning/Building and John Criste, Terra Nova Planning & Research, Inc., regarding the General Plan. Councilmember Ernesto Gutierrez, thanked Mayor, Mayor Pro Tem and Council Members, along with city staff for everything they have be doing to keep the City safe during these difficult times, he is truly thankful. He has talked to many individuals who have numerous questions related to the virus. He stated that this is a rapid changing scenery and feels that the Council and staff will have to make some adjustments to the budget due to the economic changes with the corona virus. Councilmember Mark Carnevale, reported that he had the opportunity to participate in a telephone conference with a homeless provider update. It started with an update to COVID 19. He stated that there is testing available in the Valley. He stated that Desert AIDS project has a recording with a lot of valuable information. Riverside County Housing Authority is working hard to make sure that those in need are getting taken care of as best as possible. He stated that since hotels and motels are closed a few are working to allow temporary housing for the homeless. Palm Springs Unified School District is also helping with temporary housing. Riverside County is working hard and have not forgotten about the homeless during this time. He also thanked the Mayor, Mayor Pro Tem and Council along with staff for keeping the City together during this difficult time. He stated that we are facing difficult times and encouraged everyone to do their best to stay strong as we work towards getting back to normal. Mayor Pro Tem Raymond Gregory stated that the City continues to do business we just have had to adjust to new ways. He reported that he has been able to participate in a few teleconference meetings. He along with Councilmember Gutierrez participated in a meeting where they discussed the availability for public transportation for a future affordable housing project in District 4. He thanked the City Manager and Planning Director for the meeting related to ongoing zoning and non-conforming issues in residential areas. He participated SunLine Transportation Agency meeting. They have had to make a lot of adjustments and will continue to do so. He thanked the City Manager and City Staff for the hard work and adjustments they are making to keep the City going. He also thanked all of those on the front line who continue to ensure that the community is taken care of. He also thanked the school district for their efforts to keep the children learning during this time. He encouraged everyone to shop the local businesses when they can. We will get through this crisis and come out stronger in the end. Mayor John Aguilar, stated that he is incredibly proud of the City Council, City Manager and staff on how they have dealt with this crisis. This community has Cathedral City Page 6 Printed on 4/01/2020 come together in many different ways to work to get through this crisis. The majority of his time has been spent to obtain information and to do as much as he can to minimize the fears and anxieties of the residents. He stated that current information is available on the City's website and is updated on a regular basis. He feels that everyone can make a difference, stay at home. practice social distancing and wash your hands. He too feels that we will be stronger on the other side of this crisis. 3. CONSENT AGENDA A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb A. Minutes Approval M.O. 2020-54 1. City Council - Special Meeting - Mar 16, 2020 4:00 PM 2. City Council - Study Session - Mar 11, 2020 4:00 PM 3. City Council - Regular Meeting - Mar 11, 2020 6:30 PM B. Second Reading Repeal and Readopt Chapter 5.80 of Title 5 of the City of Cathedral City Municipal Code Eliminating Safe and Sane Fireworks Recommendation: To provide second reading and adopt an Ordinance Repealing Chapter 5.80 [Sale and Discharge of Safe and Sane Fireworks] (Sections 5.80.010 through 5.80.180) of Title 5 of the Cathedral City Municipal Code, readopting Chapter 5.80 of Title 5 as Reserved". Ord 835 C. Accept Resignation of Denise Rodriguez Bowman from the Public Arts Commission Recommendation: To accept the resignation of Denise Rodriguez Bowman from the Public Arts Commission effective immediately. M.O. 2020-55 D. Approve a resolution adopting the City's FY 2020-2021 Capital Improvement Projects funded by Senate Bill 1 (SB-1): The Road Repair and Accountability Act of 2017. Recommendation: To approve a resolution adopting the City's FY 2020-2021 Capital Improvement Projects funded by Senate Bill 1 (SB- 1): The Road Repair and Accountability Act of 2017. Reso 2020-07 E. Resolution Establishing Fees for Sign Toppers Cathedral City Page 7 Printed on 4/01/2020 Recommendation: To approve a Resolution establishing fees for Sign Toppers. Reso 2020-08 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS A. General Plan Amendment No. 17-003, Change of Zone No. 17-004 and Conditional Use Permit No. 18-008 Near Ramon and Landau Recommendation: To introduce and provide first reading, by title only, an ordinance approving General Plan Amendment No. 17-003 (RM - Medium Density Residential to CG - General Commercial), Change of Zone No. 17-004 (R2 - Multiple- Family Residential to PCC - Planned Community Commercial) and Conditional Use Permit No. 18-008 for an expansion of the existing parking area. Robert Rodriguez, Director of Planning/Building, gave an overview of the proposed General Plan Amendment. Mayor John Aguilar opened the Public Hearing for public comments, there being none, he closed the Public Hearing and returned discussion to the City Council. Mayor Pro Tern Raymond Gregory stated that it was his understanding that only essential items would be brought to the City Council for action during this time. He questioned why this item was essential. Director Rodriguez responded that this item had been agendized and the public notice had already been published and mailed to the residents within a 300-foot radius of the proposed area. Mayor Pro Tern Raymond Gregory questioned if this item has anything to do with the Ramon Road bridge project. Director Rodriguez responded in the affirmative. Councilmember Ernesto Gutierrez, questioned how many feet are being acquired on the north side of the property related to the expansion of the bridge. Director Rodriguez responded that it will encompass approximately 25 to 30 feet. Councilmember Ernesto Gutierrez questioned if this is considered tribal land. Director Rodriguez responded in the negative. Councilmember Rita Lamb provided clarification for the location of the property. M.O. 2020-56 A motion was made by Councilmember Carnevale and seconded by Councilmember Gutierrez to provide the first reading, by title only, an ordinance Cathedral City Page 8 Printed on 4/01/2020 approving General Plan Amendment No. 17-003 (RM - Medium Density Residential to CG - General Commercial), Change of Zone No. 17-004 (R2 - Multiple-Family Residential to PCC - Planned Community Commercial) and Conditional Use Permit No. 18-008 for an expansion of the existing parking area. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb 6. LEGISLATIVE ACTIONS A. Update on the City of Cathedral City's Preparedness for COVID 19 Recommendation: This item is presented as a companion to the agenda items related to the emergency declaration made on March 16, 2020 through Resolution 2020-06. Paul Wilson, Fire Chief, provided an update on the City's preparedness for COVID 19. He encouraged residents to be informed and follow instructions that are being provided by County and local officials. He thanked those who have donated items to the City for the first responders and essential employees. Councilmember Rita Lamb, thanked everyone for all of their efforts during this time. Councilmember Ernesto Gutierrez also thanked staff for their hard work during this time. He questioned if the "shelter in place"is a mandate or a suggestion by the State or Riverside County. Chief Wilson responded that it is an order from the Riverside County Public Health. Councilmember Ernesto Gutierrez questioned if there will be any enforcement of this order. Chief Wilson responded not at this time, however, everyone needs to do their part. Councilmember Ernesto Gutierrez questioned if there is any other information that is available with regard to the regular flu. Chief Wilson, responded that the numbers for influenza has come down. Councilmember Mark Carnevale stated that he has heard that this virus will go dormant at a high temperature. Chief Wilson responded that there is no indication that the information is correct. He also stated that there also does not seem to be an immunity if you have already had the virus. Cathedral City Page 9 Printed on 4/01/2020 Councilmember Mark Carnevale questioned if the Fire Department has a plan in the event that staff gets the virus. Chief Wilson responded that they have mutual aid agreements with local jurisdictions. Councilmember Mark Carnevale prays that the services needed will be minimal and it is comforting to know that the Fire Department appears to be well prepared and the community should be grateful. Mayor Pro Tem Raymond Gregory, thanked the Chief for his presentation. He feels that we need to keep in mind the comments that have been made by the Chief. He requested that as items come before the Council in the future for action an explanation be included as to why it is an essential item. He thanked the Chief for all that he and the Fire Department is doing. Mayor John Aguilar stated that he also supports staff providing an explanation on why an item is essential moving forward. B. Update on Emergency Actions Related to COVID-19 Possible consideration of additional measures to be taken. Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote. Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06 Update on Emergency Actions taken by City, County, State or Federal Agencies. City Manager Charles McClendon provided an update on what staff is doing in response to the Emergency Actions taken that are related to COVID 19. He reported that he issued an order that short-term vacation rentals, hotels and golf courses are covered under the "shelter in place'; with the exception of if they are housing essential employees and the homeless. He also reported that he has directed staff to include a statement as to why an agenda item is essential moving forward. He indicated that during the kick-off meeting held with Desert Recreation District, it was suggested that another survey be done with regard to the annexation into the Desert Recreation District as a result of the changing times and economic stress that is currently taking place due to COVID 19, staff is exploring this option. Councilmember Rita Lamb requested clarification that the survey related to the Desert Recreation District would be whether or not residents would be supportive of joining the District. City Manager McClendon responded in the affirmative. Councilmember Ernesto Gutierrez questioned what is being done with employees that are unable to work from home and how many are there. Cathedral City Page 10 Printed on 4/01/2020 City Manager McClendon, responded that to date we are able to keep everyone working remotely or on site. Councilmember Ernesto Gutierrez questioned if there are employees who have chosen to use vacation time. City Manager McClendon, responded that he does not believe so. There have been some adjustments made but the City has been able to accommodate those schedules. There are some individuals out on leave but it is not related to the virus. Councilmember Ernesto Gutierrez questioned if business is being completed at the City. City Manager McClendon responded that the essential services to our businesses is being completed, just in a different manner. New construction is being inspected, however, we are trying to avoid inspections that require employees to go into an existing property at this time. Councilmember Ernesto Gutierrez questioned when the order will be lifted related to golf courses, hotels and short-term vacation rentals. City Manager McClendon responded that staff will continue to monitor the situation and that decision will be made in coordination with the County and State levels. Councilmember Ernesto Gutierrez requested that the residents pledge to shop local and to support local businesses once this crisis passes. Mayor Pro Tem Raymond Gregory thanked the Council and staff for how things are being handled during this crisis. Mayor John Aguilar stated that two urgency ordinances were provided to the Council to consider for discussion related to prohibiting evictions of Commercial and residential tenants. He stated that there would need to be a motion in order to discuss the ordinances. M.O. 2020-57 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Gutierrez to add two urgency ordinances to the Agenda for discussion related to temporarily prohibiting evictions of commercial and residential tenants. Cathedral City Page 11 Printed on 4/01/2020 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb City Attorney Eric Vail stated that there are two ordinances that have been presented to the City Council for consideration. Council is not required to approve these ordinances. He stated that these ordinances only temporarily prohibit evictions of commercial and residential tenants arising from the substantial decrease of income related to the coronavirus pandemic only. If adopted tonight they become effective immediately and will remain in place until they are terminated, which can be done at any time. He further explained the ordinances in detail. He provided information related to conflicts of interest and stated that the Fair Political Practices Commission has a section in their regulations related to this specific situation. He stated that Section 18703 paragraph (e) 6 States: The financial effect on a public official's financial interest is deemed indistinguishable from that of the public generally if the official establishes: If the State of Emergency is made pursuant to an official proclamation of a state of emergency when required to mitigate against the effects directly arising out of the emergency and there is no unique effect on the official's interest. He believes under this section there is no conflict of interest. Mayor John Aguilar stated that he is in support of both ordinances. He stated that there may be uncertainty to the enforcement of these ordinances. He questioned if these ordinances would apply to rental properties owned by the tribe or latte land. City Attorney Eric Vail stated that these ordinances do not apply to tribal or lattee land. He further stated that the ordinances will allow the tenants to have a self-help mechanism and in extreme cases the City. Councilmember Mark Carnevale thanked the City Attorney for his assistance with this ordinance. He stated that he is in support of both ordinances. Councilmember Ernesto Gutierrez stated that he supports the ordinances but would like to see a sunset included. Councilmember Mark Carnevale stated that he would prefer not to include a sunset but to revisit it in 60 to 90 days. City Attorney Vail stated that the Council has the authority to review items related to the emergency at any time. Mayor Pro Tem Raymond Gregory thanked the City Attorney for his work on these ordinances. He stated that he wants it to be clear that the tenants will be responsible for paying the rent it won't be forgiven. He appreciates the requirements that have been put in place and though not Cathedral City Page 12 Printed on 4/01/2020 perfect he feels that it is well balanced. He stated that it would not be just Council action that would terminate the ordinances. He requested that City Attorney state those actions. City Attorney stated that if the Governor rescinded the Order or at the City level, and it could also include the County. Mayor Pro Tem Gregory stated that he would support revisiting the ordinance for review in 60 days. Ord 837 A motion was made by Councilmember Carnevale and seconded by Councilmember Gutierrez to adopt an urgency ordinance of the City Council of the City of Cathedral City temporarily prohibiting evictions of residential tenants arising from substantial decrease in household or business income or substantial medical expenses related to the coronavirus pandemic. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb Ord 836 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Gutierrez to adopt an Urgency Ordinance of the City Council of the City of Cathedral City temporarily prohibiting evictions of commercial tenants arising from the substantial decrease of business income related to the coronavirus pandemic. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb C. Consultant Agreement for the Housing Element Update of the General Plan Recommendation: To appropriate an amount not to exceed $65,895 from the General Fund and to authorize the City Manager to execute a Professional Services Agreement with Terra Nova Planning and Research, Inc. to prepare the 6th Cycle Housing Element of the General Plan in accordance with State Law, including zoning and land use amendments, as appropriate, and to prepare the associated environmental review. M.O. 2020-58 Cathedral City Page 13 Printed on 4/01/2020 A motion was made by Councilmember Carnevale and seconded by Councilmember Gutierrez to appropriate an amount not to exceed $65,895 from the General Fund and to authorize the City Manager to execute a Professional Services Agreement with Terra Nova Planning and Research, Inc. to prepare the 6th Cycle Housing Element of the General Plan in accordance with State Law, including zoning and land use amendments, as appropriate, and to prepare the associated environmental review. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb The City Council recessed at 9:05 p.m. The City Council reconvened at 9:15 p.m. D. Award a contract to Ames Construction, Inc. in the amount of $19,176,882.00 for the construction of the Ofelia Bringas Memorial Bridge and include a 10% contingency of $1,917,688.20 for a total encumbrance of $21,094,570.20 for the Project and other related approvals. Recommendation: To award a contract to Ames Construction, I n c. (Ames) in the contract bid amount of $19,176,882.00 to construct the Ofelia Bringas Memorial Bridge Project (Project) (formerly the Cathedral Canyon Bridge at the Whitewater River); and approve a 10% contingency of $1,917,688.20 for unforeseen construction circumstances, required tribal monitoring and other services related to the Project not covered by a contracted consultant thereby, making the total encumbrance $21,094,570.20 for the Project; and find, that in coordination with Cal Trans, Ames did not meet the DBE Goal, but did demonstrate adequate "Good Faith Efforts" through indirect and direct methods; and authorize the City Engineer to issue a Notice of Award and request bonds and insurance for the project; and, authorize the City Manager to execute the contract documents. M.O. 2020-59 A motion was made by Mayor Pro Tern Gregory and seconded by Councilwoman Lamb to award a contract to Ames Construction, In c. (Ames) in the contract bid amount of $19, 176,882.00 to construct the Ofelia Bringas Memorial Bridge Project (Project) (formerly the Cathedral Canyon Bridge at the Whitewater River); and approve a 10% contingency of $1,917,688.20 for unforeseen construction circumstances, required tribal monitoring and other services related to the Project not covered by a contracted consultant thereby, making the total encumbrance $21,094,570.20 for the Project; and find, that in coordination with Cal Trans, Ames did not meet the DBE Goal, but did Cathedral City Page 14 Printed on 4/01/2020 demonstrate adequate "Good Faith Efforts" through indirect and direct methods; and authorize the City Engineer to issue a Notice of Award and request bonds and insurance for the project; and, authorize the City Manager to execute the contract documents. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb E. Resolution Regarding Withdrawal from the Desert Cities Energy Choice Program and Joint Powers Authority Recommendation: To adopt a Resolution of the City Council of the City of Cathedral City, California, withdrawing participation in the Desert Cities Energy Choice Program and the Desert Cities Energy Choice Joint Powers Authority. The following comments were read into the record: Erika Salcedo, Cathedral City resident. My name is Erika Salcedo, I work and live in Cathedral City. I am writing to you today to advocate for withdrawal of our city from the Desert Community Energy Joint Powers Authority. The creation of this new Public Utility is not in the best interest of the residents or small business owners who work and live here. I urge you to reconsider your participation in this stagnant program and look into better ways to achieve our climate action goals while including the community along the process. Thank you for your consideration, Terry Applegate, Cathedral City. We are opposed to the plan of the Council to withdraw from the Desert Community Energy. Climate change is an existential threat and federal, state and local governments need to reduce carbon emissions. DCE offers residents and businesses the ability to purchase cleaner energy at a reduced cost from SCE and at the same time support local job creation. Consumers will have a choice between Southern Cal Edison (SCE) and DCE. DCE Desert Saver rates would be .5% lower than Southern Cal Edison (SCE)' base rate. We also support efforts by DCE in coordination with Lift to Rise to increase enrollment in the CARE and FERA programs for low income residents to receive reduced utility rates, which is being done at no cost to the City but which would terminate if the City was to withdraw from the DCE Joint Powers Agreement. This discussion should take place when members of the community can be Cathedral City Page 15 Printed on 4/01/2020 present in person and we request that this item be removed from the agenda so that it can be discussed when full public participation can be permitted. The following are individuals who support the statement: Terry Applegate Alan Carvalho Josie Diaz Bill Holzhauer Patricia Ann Holzhauer Shelley Kaplan Tim Parrott Doug Schmidt Jeanne Scott Palm Desert Resident: Fran Muessler Elmer Diaz, Cathedral City resident. To Cathedral City council and staff, My name is Elmer Diaz, I'm writing this letter to you as a concerned resident of Cathedral City, current serving planning commissioner and representative of the International Brotherhood of Electrical Workers Local Union 440. I was also a member of the Community Advisory Committee for Desert Community Energy. On behalf of my Cathedral City membership and neighbors I am writing to urge you to withdraw from Desert Community Energy (DCE) Joint Powers Authority (JPA) for the following reasons: 1. This Joint Powers Authority agreement does not support community benefits or community values. There is no language in the JPA in regard to labor, training or local jobs for the community. 2. Lack of qualified personnel at the regional government level. 3. Lack of transparency and professionalism. This JPA does not have tangible community benefits as seen in other JPAs across the state. DCE claims to bring local jobs to Cathedral City when in fact the call center that is being proposed will be based out of San Diego and any foreseeable employment opportunities for DCE are reserved for administrative staff, which will be eligible for Ca1PERS. In regard to labor, other JPAs in the state address the community's critical need for job training and placement in the renewable energy industry. Now more than ever during this global pandemic we are seeing how essential electrical workers are to our infrastructure and its daily operations. It also fails to address our goals and values as a community by not having a well laid out plan on how to turn our city from customers of the retail energy market into an independent resilient municipality purchasing or producing power for our residents. The lack of qualified personnel administering this project at our regional Cathedral City Page 16 Printed on 4/01/2020 I government level has raised concerns of whether we are being offered the best deal for our city and residents or if the consultants tasked with guiding this process along have their financial interests ahead of our cities. While serving on the Community Advisory Committee for Desert Community Energy representing Cathedral City, I experienced a lack of transparency and professionalism from both The Energy Authority (TEA) and CVAG staff. There are still many questions left unanswered by the TEA representative (Jeff Fuller) who attended our November 21st Community Advisory meeting in 2019. I've encountered an extremely difficult time in meeting, coordinating and working with CVAG staff to address these issues. In order for us to remain in the JPA, Cathedral City must be providing some type of collateral for Desert Community Energy and its members for any liabilities that may occur while doing business. What is that collateral? Our needs and wants as a city have not been addressed through an executable plan. For this reason I must urge you to exit from this poorly crafted JPA, regroup with our community and formulate a plan that is best for the residents and future generations of Cathedral City. We are living through unprecedented times and market uncertainty. I trust your leadership and know you will arrive at the best decision possible with the information you have. Yours in Solidarity, Elmer Diaz Rosario Avila, Cathedral City resident. Since 2017 I have attended many meetings in different cities and regional government agencies across Riverside County regarding the topic of Community Choice Aggregation. I cautioned the Cathedral City council about the risky Joint Powers Authority being proposed via email and on record during city council meetings. The feasibility study paid for by CVAG, WRCOG, and SBCOG demonstrated the risks to this business, which I will mention. The city manager assured the council that this JPA would not cost the city any money upfront, nor employ CVAG staff. Three years later, Cathedral City has yet to launch, the 2018 program launch failed, DCE has contracted CVAG staff to run this JPA, and lastly, the very rate savings for residents- which was the reason council said 'yes' in the first place- have disappeared. E.E.S. Consulting was contracted for the Tri-COG (Councils of Government) feasibility study to measure whether it would be good to enter a CCA JPA for Cathedral City. Among the many risks to this business, the top three were 1) Exit fees or Power Charge Indifference Adjustment (PCIA) 2) Natural gas spikes and 3) Opt-out rate. Cathedral City signed into the JPA and three years later we have experienced and are experiencing the following: 1.) Former Cathedral City mayor Henry and early CVAG literature tout a 3-5% saving for residents back in 2017, but that has been adjusted as "exit fees" or "PCIA" were ultimately passed down to ratepayers because CCAs take Cathedral City Page 17 Printed on 4/01/2020 customers away from So Cal Edison, who had already purchased power for those ratepayers. That directly affected the 3-5% saving CVAG and DCE were offering, as those exit fees had to be absorbed by this new government utility. (The decision of exit fees was handled in court and had to do with the CPUC.) 2.) A mailer the summer of 2018, signed by former Cathedral City council member, Shelley Kaplan, explained that 2018 program launch would not occur due to a "spike in natural gas." 3.) Palm Springs will soon demonstrate whether their business will be sustainable if people stay in the "100% carbon free" rate which translates to a 10% increase rate of Edison's current rate. If many people in Palm Springs cannot afford a 10% increase on their electricity bill, that will affect the business of Desert Community Energy, as its success is dependent on creating monetary reserves. If enough people opt-out, as stated in the feasibility study, that would hurt the sustainability of this business, as they would have no customers. There you have the three market risks to the business of a Community Choice Aggregation as well as real life examples showing how the risks mentioned in the study, for which we helped pay through our tax dollars that go to CVAG, have already come to be. I will also say that my experience with participating in DCE board meetings and Community Advisory Committee has been riddled with many difficulties and roadblocks that do not serve the general public at a time when CVAG/DCE should be building public trust not encourage distrust with the few people that have taken interest in this topic. To date, CVAG/DCE staff have yet to answer my questions that I have asked on public record, or correctly reflect my comments in the minutes of the public record. Today, I urge the city council to exit and withdraw from the Joint Powers Authority of Desert Community Energy. This important topic about Cathedral City's energy future is only just beginning and it would be a shame and set-back if we tied and committed ourselves to an already troubled government utility. We have many other options to explore as all municipalities are faced with the task to meet their Climate Action Goals. Please do not hold Cathedral City back from being transparent and clearly making decisions that benefit residents first and foremost. Consultants will tell you that this is a feasible business to enter because it benefits them; the average ratepayer is usually not their priority. Perhaps it is time to listen to residents as we seem to understand it is our General Fund that is at stake from being gambled in the commodities market. Thank you for your time. Reso 2020-09 A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to adopt a Resolution of the City Council of the City of Cathedral City, California, withdrawing participation in the Desert Cities Energy Choice Program and the Desert Cities Energy Choice Joint Powers Authority. Cathedral City Page 18 Printed on 4/01/2020 RESULT: APPROVED [4 TO 1] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Raymond Gregory, Mark Carnevale, Ernesto Gutierrez, Rita Lamb NAYS: John Aguilar 7. CLOSED SESSION ADJOURN Mayor John Aguilar adjourned the Regular Meeting of March 25, 2020 at 9:51 p.m. a \ . tAN Mayo, it of C57:dral C`y City Clerl9Citiyro�f Cathe ral Cathedral City Page 19 Printed on 4/01/2020