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HomeMy WebLinkAboutCC Min 2000-05-24 � � � �`���� C�thedr�l it CITY OF CATHEDRAL CITY � MINUTES OF THE CITY COUNCIL AND THE CITY COUNCIL � SITTING AS THE REDEVELOPMENT AGENCY � � WEDNESDAY. MAY 24, 2000 z � This meeting of the City Council, also sitting as the Redevelopment Agency, � was called to order by Mayor/Chairman Gary L. Amy in the Council Chamber � at 68-700 Avenida Lalo Guerrero, Cathedral City, California, on February 23, � 2000, at the 3:00 p.m. Study Session with Roll Call of all members present. The ' regular evening meeting was opened by Mayor/Chairman Gary L. Amy at 7:30 � p.m.,with invocation byCouncilmember/RDABOard MemberGregoryS. Pettis, � followed by the flag salute led by Mayor Pro Tem/RDA Board Member Sarah ? � Di Grandi. � �, � ROLL CALL: Present: Councilmembers/RDA Board Members Kathleen , ; De Rosa, Robert Gomer, Gregory S. Pettis, Mayor � Pro Tem/RDA Board Member Sarah Di Grandi, � and Mayor/Chairman Gary L. Amy ; Absent: None " ACENDA FINALIZATION: a One Closed Session Urgency item was announced as Item No. 5. This item was � added at the meeting and therefore required a two-thirds vote of Council to ' be heard. Mayor/Chairman Amy made a motion, seconded by Councilmember/RDA Board Member Pettis, carried by a 5-0 vote to add Item No. 5 as follows: :P z t � 5. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Government Code Section 54956.9 Subd. (b)(1). Number of Cases: 1 � � City Manager ponald Bradley requested that Item No. 7 of the Legislative � Action Agenda be pulled and added to the meeting of June 14, 2000 CLOSED SESSION AGENDA: 1. PERSONNEL MATTER pursuant to Government Code Section 54957. (Mike Owens) � f � i I � ! i i � CC/RDA MINUTES MAY 24, 2000 PAGE 2 Issue for Discussion:1) Cathedral City Public Safety Management Association (CCPSMA); 2) Cathedral City Firefighters Association (CCFFA); 3) American Federation of State, County and Municipal M Employees (AFSCME); and, 4) Confidential Employees. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. (Warren Bradshaw) Property: Locations: 1. 68517 Grove Street 2. 68528 "A" Street, (aka 68521 Grove St.) 3. 68941 Buddy Rogers Street ; 4. 689041 st Street E 5. 68825 & 68831 "C" Street � 6. 68759 "B" Street � � 7. 37170 Van Fleet Avenue Negotiation Parties: Agency: Redevelopment Agency Property Owners: �. Helen Holmes 2. Jerry A. Gasbarra 3. Marilyn Jorgensen 4. Roger Smith, Jr. 5. Esteban Perezchica (Sale of City Pro perty) 6. Wells Fargo Mortgage (Formerly Norwest Mortgage) 7. Ray Snyder Under Negotiation: Proposed Property Acquisition/Sale 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. (Susan Moeller) Property: Location: 68-736 Buddy Rogers Avenue Negotiating Parties: Agency: Redevelopment Agency Property Owners: Palm Canyon Partners ; Under Negotiation: Terms of Disposition and Development Agreement Pending litigation cases listed below are all those in which the City is currently involved: i � � i � € � � CC/RDA MINUTES MAY 24, 2000 PAGE 4 i ! � City of Cathedral Cityv. Luis and Sons Construction; Superior Court of California, County of Riverside: Case No. INC 016889. :s Councilmember/RDA Board Member Pettis made a motion, seconded by Mayor Pro Tem/RDA Board Member Di Grandi, carried by a 5-0 vote, to adjourn ° to the Study Session Conference Room to hear Closed Session matters. : i i CLOSED SESSION ANNOUNCEMENTS: � Mayor/RDA Board Chairman Amy announced that the City , Council/Redevelopment Agency Board took no reportable action on Closed � Session Item No.1, Item No. 4(A) thru (N), and Item No. 5 which was the added � urgency item. � � RDA Board Chairman Amy announced that the Redevelopment Agency Board � continued Closed Session Item Nos. 2 and 3 until after open session. The � Redevelopment Agency Board recessed from open session and reconvened � into closed session to discuss Closed Session Item No. 2(1) thru (7), and Item i No. 3. G ! The Redevelopment Agency Board reconvened into open session and City � Attorney Quintanilla announced the following: i $ • With respect to Closed Session Item No. 2(1), the Redevelopment § Agency Board voted 5-0 to purchase the real property and � improvements located at 685�7 Grove Street for 545,000 as � offered by Ms. Helen Holmes. i • With respect to Closed Session Item No. 2(2), the Redevelopment � Agency Board voted 5-0 to reject Mr. Jerry Gasbarra's offer to sell = the real property and improvements located at 68528 "A" Street to the Redevelopment Agency for 5129,000. ' • With respect to Closed Session Item No. 2(3), the Redevelopment � Agency Board voted 4-1, with Chairman Amy, Board Members ! Pettis, Di Grandi, and Gomer voting "yes" and Board Member De � Rosa voting "no" to purchase the real property and improvements R located at 68941 Buddy Rogers Drive for 5281,000 as offered by "� Ms. Marilyn Jorgensen. . • With respect to Closed Session Item No. 2(4), the Redevelopment ` Agency Board voted 5-0 to reject Mr. Roger Smith's offer to sell ` the real propertyand improvements located at 68904 First Street. k ; � � � � � t � � I CC/RDA MINUTES MAY 24, 2000 PAGE 5 • With respect to Closed Session Item No. 2(5), the Redevelopment Agency Board voted 5-0 to reject Mr. Gasbarra's offer to sell 68528 "A" Street. PUBLIC COMMENTS: � Kathleen Navarro, 29290 Landau, Cathedral City- Presented a code enforcement complaint re a nearby property owner. � Chuck Vasquez, Cathedral City - stated he was here tonight not only as a private citizen, but as co-chair of the 35th Avenue Neighborhood Watch Group. He noted that their group is very concerned about the current shortage of personnel that our Police Department is experiencing and the effect it is having on our community. He stated that they have watched as one by one, our alliance officers have been pulled out of their offices and put back out on patrol. Community policing is an essential part of the future of our City. Recently, Time warner's Crime Watch held the second annual Chief's Conference. During the show, it really showed how Cathedral City is the forerunner of community policing and now many of the other cities have started their own programs following the philosophy set forth by Chief Henry. More recently, KESQ News did a profile on our group and stated from their research, we were the most effective group of its kind in the Coachella Valley. We have experienced that recognition in the community because of the constant support and involvement of the Police Department. Since that recent media coverage, there is a lot of community interest in getting programs started in other areas of the City. Both our Neighborhood Watch group and the Police Department have � received calls. Unfortunately, right now our Police Department is doing what it can just to meet the need of essential services. This should serve as a wake-up call to the City that at the rate the City is growing, it can no longer afford to run its Police and Fire Departments at such minimal levels. We are very aware of the budget issues, the effect Measure "J" had on the City, the � renegotiating of the police officers' contract and the recent officer-involved accidents. Mr. Vasquez noted he has spoken to Chief Henry about all of this and was informed that the alliance officers will return to their offices as soon as manpower levels allow it. Bottom line is we not only need to get our funded, � unfilled positions filled expeditiously and support the � � � � � � f � I f I i I CC/RDA MINUTES MAY 24, 2000 PAGE 6 department in getting the qualified applicants fast-tracked in, but � we also need to give the Police and Fire Departments full support � : in their current budget requests. This might allow them the .� opportunity to get back on track with proactive services to the City rather than just being reactive to its problems. COUNCIL COMMENTS: � Councilmember Pettis stated that over the past fewweeks he has been requesting information from California Animal Care, the City's animal control agency, which they are required by State Law to provide. He noted that for a month, he had received no response; however, this past week he received a letter from the owner of the company, Mr. Sandifer, basically stating that he would not provide the requested documents, but if I wished to designate a staff person from the City to come and review the documents, he would be more than happy to provide space in his office for that review. Councilmember Pettis stated he feels that is unacceptable. These are public documents which need to be released to the public for their review at our leisure. He noted s that he will be continuing to discuss this situation with Mr. � Sandifer. � Councilmember De Rosa wished to extend best wishes for a speedy recovery to Corwin and to Scott, the police officers that were injured and requested that they please come back to work soon. � Mayor Amy announced that Corwin DeVeas has been released from the hospital and is home recuperating. He extended best wishes for speedy recoveries to all three officers who had � recently been injured on duty. On another note, Mayor Amy advised everyone that citizens who previously watched Media One television can view our council meetings on Channel 42 on Mondays and Wednesdays at 5:00 p.m.; and, if you watch Time Warner television, you can view our � council meetings on Channel 99 on Tuesdays, Thursdays and >�f Saturdays, at 5:00 p.m. Mayor Amy also announced that the City has been advertising for Commissioners to fill seats that will expire June 30, 2000. He advised that if anyone is interested in any of the positions to please call the City Clerk at 770-0322 who will provide the necessary application. � � i CC/RDA MINUTES MAY 24, 2000 � PAGE 7 , Mayor Amy stated further that at the last council meeting, a gentleman spoke, representing a family, under the Public ' Comments Section. He noted that council wished to respond � briefly to his statements. He made some rather serious accusations about our Police Department. Mr. Apodaca appeared � on behalf of his sister in that her son was shot by a police officer and he insisted that he was unable to receive, after numerous tries, a report from the Police Chief. Mr. Apodaca now has that report, but Mayor Amy stated that he wished to make it very clear that it was not because of not wanting to give the report to him, but that there was an ongoing investigation and material � was still being gathered for that report at the time of Mr. ' Apodaca's request. We, the Council, although it was a very tragic, � � most unfortunate incident, and we understand and sympathize ; with the family, have reviewed the actions of the Police Department and are more than satisfied that they acted properly. We stand behind them 100%. Also, independent investigations were conducted by the Coroner's Office and the District Attorney's Office and we want to make it very clear once again � that they found no fault with the Cathedral City Police � Department. The matter, more than likely, is pending litigation � and we have been advised by legal counsel that a full and objective investigation of this incident is not furthered by continued public discussion and debate. We will not endeavor it anymore; however, we wanted to address these issues tonight and make everyone very aware that we have looked at them and our concerns have been alleviated. The City's attorney representing this issue is Mr. Paul Coble and if there are any other � questions or responses from the family or anyone else, we would please ask you to address those to Mr. Coble of Mayer and Coble and the City Clerk's Office, 770-0322, can provide you with their address and/or phone number. � Mayor Pro Tem Di Grandi announced that July 3ra will be the � Fountainworks Festival which will be a very exciting event. This ' will be the turning on of the Town Square Fountain of Life. She invited everyone to attend from about 6:30 p.m. until about 10:30 p.m. There will be lots of music, food, vendors, entertainment and the turning on of the fountain. This will be the most beautiful interactive fountain probably that you will ever see. Also, she invited everyone present to the Chamber Mixer at the 1 Community Bank tomorrow evening, 5/25/00. She stated that ;: � � � i � CC/RDA MINUTES MAY 24, 2000 PAGE 8 she will become the CEO of her life on May 31 and this will be her last Chamber Mixer with 1 Community Bank. There will be a lot '' of fun. '� � � Mayor Amy added that instead of competing with the numerous 4th of July celebrations, we have elected to have a July 3�a celebration which may or may not involve fireworks, but more importantly, it will be a community event. Again, this takes place on Monday .luly 3r and more information will be forthcoming. PRESENTATIONS AND PROCLAMATIONS: � Certificate of Recognition was presented to Crystal De Guzman, a senior at Cathedral City High School and resident of Cathedral City, for Outstanding Community Service by Councilmember Gregory S. Pettis. Mr. Pettis also presented Crystal with certificates and letters from the Palm Springs Youth Center, City of Palm Springs, Assemblyman Jim Battin, California State Senator Dave Kelley, and Congresswoman Mary Bono. � Awards Recognizing Major Financial Contributors for the Miniature Golf Tournament Held on March 24, 2000, were � presented to Sharon Pogue, a representative from Sam's Club, � who, in turn, presented Captain Skinner with a check for 52,000; Mark Madison, owner of Madison & Company Jewelry of Palm Springs; Jeff Llera, a representative of Target Stores; and Paul and Suzie Campbell, citizens of Cathedral City. The awards were presented by Fire Chief Steve Sowles and Captain John Skinner. CONSENT AGENDA Councilmember Pettis made a motion, seconded by Mayor Pro Tem Di Grandi, carried by a 5-0 vote, to adopt Consent Agenda Item Nos. 2, 4 and 5. Due to abstention of Councilmembers De Rosa and Gomer, as their homes are in the area of the projects noted, Consent Agenda Item Nos. 1 and 3 were adopted � by a 4-0 vote. ;� � 1. Adopted Ordinance No. 525 approving a Specific Plan Amendment to allow reductions in side, rear, and front yard setbacks for ��Casitas" and detached garages within Planning Unit 5 of Specific Plan 10-018 in the R-2S (Multi-Family Residential with Specific Plan Overlay) Zone (2 Reading) (Councilmembers De Rosa and Gomer abstained from discussion on this matter. 4 � � � � ', CC/RDA MINUTES MAY 24, 2000 PAGE 9 � 2. Adopted Ordinance No. 526 changing location of City Council meetings from 35325 Date Palm Drive, Suite 136, to 68700 Avenida Lalo Guerrero, �� Cathedral City, CA 92234. (2"d Reading) :.� .,� '� 3. Approved final map for Parcel Map No. 29370, for the division of land into 4 parcels at the southwest corner of Date Palm Drive and Gerald Ford; acceptance of dedications for widening of Date Palm and Gerald Ford; acceptance of landscape and sidewalk easement shown on the map; and rejection of offers of dedication for future bridge right-of- way on Date Palm and for the extension of Gerald Ford, all as shown on the map by Minute Order No. 3136. E 4. Adopted Resolution No. 2000-31 authorizing the submittal of a � funding request to the State of California's Department of Conservation, Division of Recycling, and identifying the City Manager as the authorized officer to execute all applicable forms and documents on behalf of the City of Cathedral City to receive and expend funds received from the State of California's Department of Conservation, Division of Recycling. � � 5. Adopted Resolution No. 2000-32 declaring that volunteers, City � Commissioners, work-studies, and interns shall be deemed to be employees of the City for the sole purpose of providing Worker�s Compensation coverage for said volunteers, City Commissioners, work- studies, and interns which such persons are providing their respective services. PUBLIC HEARINGS: � � � 6. Request for City Council to approve the recommendation of the Transportation Commission and to direct staff to have two speed humps and one, 4-way stop with a traffic circle installed on Quijo Road between Landau Boulevard and Avenida Quintana. � Report was given by Associate Engineer Jerry Jack. � Public Hearing was opened: � Mike Boggs, Cathedral City - urged the City Council to approve this request due to the speed of traffic this must be done. He noted one child has already been killed. � Mark vicenzi, Cathedral City - stated he was in favor of the speed humps and urged the City Council to approve this request. � CC/RDA MINUTES MAY 24, 2000 PAGE 10 Public Hearing was closed. � � Councilmember Pettis made a motion, seconded by Mayor Pro Tem Di Grandi, carried by a 5-0 vote to approve placement of two speed humps and one, 4- way stop sign with a traffic circle installed by Minute Order No. 3137. LEGISLATIVE ACTIONS: 7. Authorization to enter into a Memorandum of Understanding (MOU) with Real Estate Investment, Inc., for the development of a 250-300 room hotel on the south side of East Palm Canyon Drive. The above item was pulled from the agenda for this meeting and continued to the meeting of June 14, 2000. No discussion was held and therefore, no action was taken. 8. Authorization to amend the Professional Services Agreement between the City of Cathedral City and Michael l. Owens, Esquire, for additional labor relations negotiation services. � r Report was given by City Manager ponald Bradley. � Public Input was opened and closed without comment. Mayor Pro Tem Di Grandi made a motion, seconded by Councilmember De Rosa, carried by a 5-0 vote, to amend the Professional Services Agreement between the City and Michael L. Owens by Minute Order No. 3138. 9. Proposed Ordinance of the City Council of the City of Cathedral City, California, amending Section 13.20.010 "General Definitions" of Chapter 13.20 "Definitions" of Title 13 "Code Enforcement and Remedies" of the Municipal Code to include definitions pertaining to public nuisances and modifying Chapter 13.80 "Public Nuisances" of Title 13 "Code �� Enforcement and Remedies" of the Cathedral City Municipal Code by � adding sections pertaining to specific activities, uses, and conditions of � property which constitute public nuisances. (1 Reading) Report was given by Fire Chief Steve Sowles. € � Public Input was opened and closed without comment. � � CC/RDA MINUTES MAY 24, 2000 PAGE 11 Mayor Pro Tem Di Grandi made a motion, seconded by Councilmember De � Rosa, carried by a 5-0 vote, to Waive Further Reading and Introduce the � Ordinance. :, ,r 10. Proposed Ordinance of the City Council of the City of Cathedral City modifying the current alcoholic beverage provisions of the Cathedral City Municipal Code. (1 Reading) Report was given by City Attorney Steve Quintanilla. Public Input was opened and closed without comment. Councilmember Pettis made a motion, seconded by Mayor Pro Tem Di Grandi, carried by a 5-0 vote, to Waive Further Reading and Introduce the Ordinance with an amendment that notification of all businesses effected by this Ordinance be notified. ADJOURNMENT: As there was no further business to discuss, this meeting was adjourned at 8:45 p.m. � � . �'�o � Donna M. Velotta City Clerk � � ,� �