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HomeMy WebLinkAboutCC Minutes 2020-06-24 litCITY COUNCIL MINUTES Cathedral City Study Session Wednesday, June 24, 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 Remote ; Raymond Gregory Mayor Pro Tern Remote Mark Carnevale Councilmember Present 4:00 PM Ernesto Gutierrez Councilmember Present 4:00 PM Rita Lamb Councilmember Remote Mayor John Aguilar, Mayor Pro Tern Raymond Gregory and Councilmember Rita Lamb all participated via video conference. • AGENDA FINALIZATION • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT 2. CLOSED SESSION City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the following items listed on the Agenda: A. Conference with Legal Counsel - Anticipated Litigation - Consideration of whether to Initiate Litigation Pursuant to Government Code 54956.9(d)(4) Number of Matters: One B. Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: AFSCME - The American Federation of State, County and Municipal Employees CCPFA - Cathedral City Firefighters Association CCFMA - Cathedral City Fire Management Association CCPOA - Cathedral City Police Officers Association CCPMA - Cathedral City Police Management Association Non-Represented Employees The City Council recessed to Closed Session at 4:02 PM. The City Council reconvened at 4:20 PM. City Attorney Eric Vail announced that the City Council met in Closed Session to hold a conference with Labor Negotiator related to represented employees of AFSCME, CCPFA, CCFMA, CCPOA, CCPMA and Non-Represented Employees and held a conference with Legal Counsel regarding one case, there was no reportable action taken. 3. STUDY SESSION A. Discussion of Burrtec Waste and Recycling LLC request for a rate increase on Commercial, Residential, Roll-Off and Multi Family Services and Amendment to the Integrated Solid Waste Management Services Franchise Agreement to include language addressing Assembly Bills 1826 and 341 and Senate Bill 1383. Recommendation: The Burrtec Waste and Recycling request for a rate increase and Amendment to the Franchise Agreement is presented for information, discussion and direction only. Deanna Pressgrove, Enviromental Conservation and Public Works Manager, gave an overview of the Burrtec Rate Increase and Amended Franchise Agreement. It was the direction of the City Council that revisions be made to the Franchise Agreement to address additional green waste containers when it comes back to the Council for consideration on July 8, 2020. B. New Development Project Update Recommendation: This presentation is intended to update the City Council and City residents on the progress of key developments within the City. Stone James, Director of Economic Development, gave an overview of the new Development Projects in the City. ADJOURN Mayor John Aguilar adjourned the Study Session meeting at 5:20 PM. Cathedral City Page 2 Printed on 7/02/2020 .r, City of C7hedral City City Clerk, Betty of Cathedra City Cathedral City Page 3 Printed on 7/022020 4I1CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, June 24, 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 Mark Carnevale led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Ernesto Gutierrez offered the Invocation. • ROLL CALL Mayor John Aguilar, Mayor Pro Tern Raymond Gregory and Councilmember Rita Lamb all participated via video conference. Attendee Name Title Status Arrived John Aguilar Mayor Remote Raymond Gregory Mayor Pro Tern Remote Mark Carnevale Councilmember Present 5:25 PM Ernesto Gutierrez Councilmember Present 5:25 PM Rita Lamb Councilmember Remote • AGENDA FINALIZATION Mayor John Aguilar announced that item 3H. will be pulled from the agenda and brought back to Council on July 8, 2020. A motion was made by Councilmember Carnevale and seconded by Councilmember Gutierrez to pull item 6D. Public Arts Commission Approval Requests, to be considered at a later date uncertain. M.O. 2020-85 RESULT: APPROVED [4 TO 1] MOVER: Mark Carnevale, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Raymond Gregory, Mark Carnevale, Ernesto Gutierrez, Rita Lamb NAYS: John Aguilar • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT Alan Carvalho, Chair of the Public Arts Commission, advocated for item 6D and explained that the Ofelia Bringus Bridge project and the Black Lives Matter project are time sensitive. He feels that the Public Arts Commission has a function to continue to bring art to the City, especially during these trying times. He commended the City Council for all their hard work during these unprecedented times. The following individuals provided their public comment via phone call: Brad Anderson, Rancho Mirage, expressed his concern with mosquitoes and stated that there are now positive cases of West Nile virus in the Valley. He also expressed his concern with the lack of communication available to the public from Vector Control. Terry Applegate, Cathedral City, expressed her concern with the County's efforts to stop the spread of Coronavirus. She feels there was a lack in guidance for safely when reopening the economy. She feels there are efforts that can be done to help slow the spread of virus and feels we need to go back to curbside dining. She suggested ways to help stimulate businesses safely including advocating for buying gift cards for services that can be rendered at a later date. The following individuals provide public comment for the record. Their comments were read into the record for three minutes and the full comment will be made part of the record per our standard procedures: Jens Mueller, Cathedral City, urged the City Council not to allow motels to operate in R1 and R2 neighborhoods. Don Genova, urged the City Council to reconsider any increases with the current condition of the economy. He feels the City does not need price controls, mortgage relief or rent controls during this time. Gaya Dergevokian, short-term vacation rental owner, expressed her concern with the possibility of banning short-term vacation rentals. She stated that she stands to lose everything if a ban is approved. She feels that option one is a compromise and urged the City Council to consider it. Carol Hazarian, Cathedral City, expressed her appreciation for her investor Cathedral City Page 2 Printed on 7/02/2020 neighbors for making the property next to her beautiful and operating a short-term vacation rental with no problems. She feels that her permanent resident neighbors have given her more noise issues that the short-term vacation renters have and supports short-term vacation rentals in the City. Nareh Shahbazi, supports short-term vacation rentals and feels they are beneficial to investors, residents and the City. She also feels that enforcement and regulations are the solution to the issues with short-term vacation rentals. She expressed her concern with call complaints and feels it is a small number of properties that are an issue. She also expressed her concern with the effects on the real estate market if short-term vacation rentals are banned. Sona Sarkisyan, feels the same handful of residents are opposed to short-term vacation rentals. She also feels it is not fair that a hand full of residents are trying to convince the City Council to shut short-term vacation rentals out. She expressed her concern with the dates and times of City Council meetings and with false complaint calls made on short-term vacation rentals. She would like these calls investigated and stopped. George Karlos, Cathedral City stated that he is a pool man and handy man and he relies on short-term vacation rentals for income. He worries about what will happen to his family if short-term vacation rentals are banned. He urged the City Council to allow short-term vacation rentals to continue in the City. 2. COUNCIL REPORTS Councilmember Rita Lamb stated that the City has come together during this difficult time and she is proud to be a resident of Cathedral City. She thanked the City Council and staff for everything they are doing during this difficult time. She reported that's he represented the City at the reopening of the Living Desert. She gave a shout out to the Cathedral City Evening Rotary for their Father's Day fundraiser. She announced that the Scrap Gallery is offering a summer camp for kids and information is available at scrapgallery.org. She participated in the League of California Cities who is offering their annual conference via zoom. She also thanked those who will be interviewing for the vacant seats on the Commissions this coming Tuesday. She announced there will be a City Hall at Your Corner on July 1, 2020 at 10:00 a.m. via Zoom. She announced that Palm Springs Motors is getting back to normal. She participated, along with City Manager Charles McClendon, on a call with a resident where they discussed fireworks and were able to provide information on Chief Crum's action plan. She expressed her sympathy and sadness for Corky Larson and Sandy Reed who both recently passed away. Councilmember Mark Carnevale reported that he attended a meeting with the I love Cathedral City group along with Councilmember Gutierrez. He also reported that he has been able to get caught up with several emails from residents. He has an upcoming zoom meeting regarding housing and homeless and will be attending a meeting at the Elks Lodge to hear a proposal to use their facility as a cooling center. He is looking forward to the City Hall at Your Corner meeting via zoom. He wished everyone a Happy 4th of July. Councilmember Ernesto Gutierrez wished everyone a happy belated Father's Day. Cathedral City Page 3 Printed on 7/02/2020 He stated that the City Council has had two meetings related to the City's budget and reminded everyone that it takes the Council countless hours to prepare for Council Meetings. He reported that he had a meeting with City Manager Charles McClendon and City Engineer John Corella. He joined Councilmember Carnevale in the meeting with the I love Cathedral City group. On Friday he will be participating in the Greater Palms Springs Convention and Visitors Bureau meeting. He also reported that he has been able to read and respond to a lot of emails over the last couple of weeks. Many of the emails are related to illegal fireworks and he was pleased to be able to report what the Police Department is doing about those issues. He thanked City staff for doing a great job presenting their department's budgets and hopes we don't have to revisit this issue again. Mayor Pro Tern Raymond Gregory reported that he has remained busy like his colleagues. He participated in the League of California Cities on-line training. He represented the City at the SunLine Transit Agency Board Meeting. They approved their annual budget and continue to move forward. He reminded everyone that the COVID-19 crisis is not over, and it is not time to let-up. He encouraged everyone to wear their masks, social distance and wash their hands. He stated that fireworks continue to be an issue here and nationwide and encouraged residents to keep reporting illegal fireworks. Mayor John Aguilar stated that in normal times running a city is difficult and doing so in these trying times is even more difficult. He thanked the Council and staff for keeping the City moving forward. He reported that he has been attending a number of meetings and a variety of phone calls regarding short-term vacation rentals, budget issues and COVID-19 issues. He feels that the public comment provided by Terry Applegate on the COVID-19 numbers was very accurate and thanked her. He expressed his concern with the news that hospital beds at JFK and Desert Regional Hospitals are full and feels this information is alarming. He pleaded with everyone to change their behaviors and think about protecting those who may be older and compromised. He has a plan to implement a very aggressive educational campaign, that the County will assist and pay for, which will include a very intensive outreach to local businesses. He stated that information will be sent out on how to get masks and the City is going to ramp up our efforts and do what we can to keep everyone safe. 3. CONSENT AGENDA A motion was made by Mayor Pro Tern Gregory and seconded by Councilmember Gutierrez to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb A. Minutes Approval M.O. 2020-86 1. City Council - Study Session - Jun 10, 2020 5:00 PM Cathedral City Page 4 Printed on 7/02/2020 2. City Council - Regular Meeting - Jun 10, 2020 6:30 PM B. Award Agreement for Design Professional Services to Advantec Consulting Engineers Inc. for the Highway Safety Improvement Program (HSIP), Cycle 9A, Traffic Signal Upgrades at Ten Intersections. Recommendation: To award a Professional Services Agreement to Advantec Consulting Engineer's Inc. in the amount of$216,110.48 to prepare the plans, specifications and environmental documents for the Highway Safety Improvement Program (HSIP), Cycle 9A, Traffic Signal Upgrades at Ten Intersections; and authorize the City Manager to execute the contract. M.O. 2020-87 C. Final Acceptance and Notice of Completion for Pavement Management Program, Phase 6. Recommendation: To accept and approve the Pavement Management Program, Phase 6 as final; and authorize the City Manager to file a Notice of Completion with the Riverside County Recorder's office on behalf of the City Council; and authorize the release of City held retention funds to Hardy & Harper, Inc. upon expiration of the Notice of Completion. M.O. 2020-88 D. Final Acceptance and Notice of Completion for Commons Heritage Park Site Work. Recommendation: To accept and approve the Commons Heritage Park Site Work as final; and authorize the City Manager to file a Notice of Completion with the Riverside County Recorder's office on behalf of the City Council; and authorize the release of City held retention funds to CS Legacy Construction, Inc. upon expiration of the Notice of Completion. M.O. 2020-89 E. Biennial Contracts for Graffiti Abatement Services and Concrete Work Recommendation: To award as-needed biennial service contracts to: - Graffiti Protective Coatings, Inc. (GPC) for As-Needed Graffiti Abatement Service; and, - Desert Ants for As-Needed Concrete Installation, Repair, and Maintenance Services; and, - Authorize the City Manager to execute all the required contracts. The following individual provided public comment via phone call: Terry Applegate, Cathedral City, expressed her concern with the sidewalk reconfigurations throughout the City and wants the City to understand that ADA requirements are the law. M.O. 2020-90 Cathedral City Page 5 Printed on 7/02/2020 F. Calling a General Municipal Election to be held Tuesday, November 3, 2020, Requesting Riverside County Provide Election Services and Establishing Regulations for Candidates Filing an Optional Candidate Statement Recommendation: To adopt a Resolution calling and giving notice of a General Municipal Election to be held on Tuesday, November 3, 2020, for the election of certain officers and requesting the Board of Supervisors of the County of Riverside to consolidate the General Municipal Election with the Statewide General Election to be held pursuant to California Elections Code Section 10403. It is further recommended that the City Council adopt a Resolution establishing regulations for elective office pertaining to materials submitted to the voters at an election to be held on November 3, 2020. Reso 2020-27 Reso 2020-28 G. Read and Accept the Ordinance of the City Council of the City of Cathedral City Acting as the Legislative Body for Improvement Area No. 13 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and General Maintenance Services), Authorizing the Levy of a Special Tax (2nd Reading) Recommendation: To conduct Second Reading and Adopt the Ordinance authorizing the levy of a special tax within Improvement Area No. 13 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and General Maintenance Services). Ord 839 H. Contract for Services - Samuel Eric Davis Recommendation: To approve a Contract for Services with Samuel Eric Davis to provide sponsorship services to the City of Cathedral City. This item was pulled from agenda and will be considered at a later date. I. Purchase/Install 3 UniMac Washer/Extractors under Emergency Circumstances for FF PPE Cleaning / Decon Recommendation: To approve the sole-source purchase and installation of three (3) new Washer/Extractors from Bestway Laundry Solutions, Corona, CA utilizing the FEMA Public Assistance Grant Program (DR-4482-CA) to provide Adequate Protection to Firefighters from Contaminants, including COVID-19 to meet NPFA 1851 Standards M.O. 2020-91 J. Ratification of Agreement Between the City of Cathedral City and the Cathedral City Firefighters Association Recommendation: Staff recommends that the City Council approve the terms of a collective bargaining agreement between the City of Cathedral City Page 6 Printed on 7/02/2020 Cathedral City and the Cathedral City Firefighters Association (CCPFA) and authorize the execution of a Memorandum of Understanding (MOU) with a term of January 1, 2020 through December 31, 2022. M.O. 2020-92 K. Ratification of Agreement Between the City of Cathedral City and the Cathedral City Fire Management Association Recommendation: Staff recommends that the City Council approve the terms of a collective bargaining agreement between the City of Cathedral City and the Cathedral City Fire Management Association (CCFMA) and authorize the execution of a Memorandum of Understanding (MOU) with a term of January 1, 2020 through December 31, 2022. M.O. 2020-93 L. Resolution Rescinding Firefighters Association and Fire Management Vesting and Approving Firefighters Association and Fire Management PEMHCA Minimum Recommendation: To adopt a resolution fixing the employer contribution under the Public Employees' Medical and Hospital Care Act (PEMHCA) for employees and annuitants; and adopt a resolution electing to rescind the post-retirement health benefits vesting requirements under Government Code Section 22893 for employees first hired on or after January 1, 2013, as established by Resolution 2012-188. Reso 2020-29 Reso 2020-30 REso 2020-31 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS 6. LEGISLATIVE ACTIONS A. Ordinance Repealing Chapter 10 and Adopting by Reference Title 6 of the Riverside County Code of Ordinances [Animals] Recommendation: To introduce an Ordinance repealing Chapter 10 of the City of Cathedral City Municipal Code and adopting by reference Title 6 of the Riverside County Code of Ordinance relating to animal control, provide first reading by title only and waive further reading. City Manager Charles McClendon gave an overview of the proposed ordinance repealing Chapter 10 and adopting by reference Title 6 of the Riverside County Code of Ordinances. City Attorney Eric Vail suggested that the Council discuss items 6A and 68 Cathedral City Page 7 Printed on 7/02/2020 together as they are related. He indicated that the Council will be adopting verbatim the County's Code and recommends the following changes: Make it clear that the Cathedral City is not adopting any of the provisions of the County Zoning Code. Further amend the Ordinance to include a list of specific animal control provisions from Title 10 of the Cathedral City Code the Council wishes to include. Add language to the animal control contract to ensure the City does not have to indemnify the County for the conduct of their own employees. Councilmember Rita Lamb asked for clarification of the proposed changes. Mayor Pro Tern Raymond Gregory thanked the City Manager and staff for their time going through this ordinance. He expressed his concern with a couple of areas but was able to go through them with the City Manager. He requested to retain section 10.10.250 of the City's code. Councilmember Ernesto Gutierrez questioned the fees and fines and who would be implementing and enforcing the ordinance. City Attorney Eric Vail stated that the County's animal control officers will be enforcing the ordinance, however, City Code Enforcement Officers as well as the Police can cite violations. There are a number of fines and fees that are included in the County Ordinance, and anything that can be cited carries a fee. Mayor John Aguilar questioned if the ordinance would apply to tribal land. City Attorney Vail responded that the City does not have authority to enforce our zoning code on tribal land, unless the tribe has agreed to that ahead of time. He will review and verify the animal control provisions with the Tribe and report back to the Council. City Attorney Vail reviewed the differences between the City's Municipal Code animal provisions and Title 6 of the Riverside County's Code animal provisions. Councilmember Ernesto Gutierrez feels that the residents want the City to regulate barking dogs. City Attorney Vail responded that adopting title 6 of the County's code would be a step in the right direction. Councilmember Mark Carnevale suggested s selecting the best part of the ordinances from both the City and the County. Mayor John Aguilar requested further clarification. Mayor Pro Tern Raymond Gregory feels there are substantial changes and he confirmed that this will come back for a second reading with further clarity. Cathedral City Page 8 Printed on 7/02/2020 Councilmember Rita Lamb supports staying with the more restrictive provisions the City currently has in place. M.O. 2020-94 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Lamb to approve the first reading, waving further readings, an ordinance by title only, repealing Chapter 10 of the Cathedral City Municipal Code and adopting by reference Title 6 of the Riverside County Code related to animal control; and instruct the City Attorney to add a new section 10.05.030 to the ordinance with the following: • Section A clarifying the City Zoning with regard to the number of cats, dogs, pigs, fowls and kennels will govern. • In the case of a zoning conflict, the City zoning code will govern. • Item B which will list specific provisions 10.10.250, 10.20. 130 and provisions on mini pigs. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb B. Riverside County Animal Control Field and Shelter Services Contract Recommendation: To approve a one-year contract with Riverside County Department of Animal Services for Field and Shelter Service. City Attorney Eric Vail stated that if approved the contract will be contingent on the following changes: • Section 1, paragraph C, subparagraph 2- allow the incorporation of all of Title 6 rather than each individual ordinance • Section 4- adding a new subparagraph G that defines the County's animal control employees are not agents or subcontractors of the City for the purpose of the indemnity provisions Councilmember Ernesto Gutierrez believes that animal control is very important and feels there are dangerous animals in areas of the City, and he does not support cutting back on animal control. Mayor Pro Tern Raymond Gregory feels that the part-time contract is the way to go at this time. Councilmember Mark Carnevale supports option one. Cathedral City Page 9 Printed on 7/02/2020 A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to approve option one of the Riverside County Animal Control Field and Shelter Services Contract with the amendments provided by the City Attorney. RESULT: FAILED [2 TO 3] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Mark Carnevale, Ernesto Gutierrez NAYS: John Aguilar, Raymond Gregory, Rita Lamb M.O. 2020-95 A motion was made by Mayor Pro Tern Gregory and seconded by Councilmember Lamb to approve option two of the Riverside County Animal Control Field and Shelter Services Contract with the amendments provided by the City Attorney. RESULT: APPROVED [3 TO 2] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Rita Lamb, Councilmember AYES: John Aguilar, Raymond Gregory, Rita Lamb NAYS: Mark Carnevale, Ernesto Gutierrez C. Approve a budget reallocation of $60,626.09 of MOE funds for the Pavement Management Program - Phase 6 Projects. Recommendation: To approve a budget reallocation of approved FY 2019-2020 CIP Maintenance of Effort (MOE-4) funds in the amount of $60,626.09 for three (3) of the four (4) Pavement Management Program, Phase 6 Projects to offset funding imbalances within 3 areas of the Project areas on a project that overall came in under the original City Council funding authorization. Mayor Pro Tern Raymond Gregory questioned why SB1 money was not being utilized. Tami Scott, Administrative Services Director, gave an brief overview of why S81 could not be utilized. A motion was made by Councilmember Gutierrez and seconded by Councilwoman Lamb to approve a budget reallocation of approved FY 2019- 2020 CIP Maintenance of Effort (MOE-4) funds in the amount of$60,626.09 for three (3) of the four (4) Pavement Management Program, Phase 6 Projects to offset funding imbalances within 3 areas of the Project areas on a project that overall came in under the original City Council funding authorization. Cathedral City Page 10 Printed on 7/02/2020 RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb D. Public Arts Commission Approval Requests Recommendation: To approve the Public Arts Commission's ("PAC" or "Commission") recommendations to use Art in Public Places funds to: 1. Commission Sculptor Joe Wertheimer to design, build, and install decorative arches along the Amphitheater's east parking structure wall at a cost not to exceed $12,000; and, 2. Commission Steve "Shig" Shigley to build, deliver, and oversee installation of his "Passages" sculpture at Cathedral City's Memorial Park at a cost of$7,000 for the sculpture and for City Staff to construct the foundation, and install LED solar up lighting at a cost of$4,000, with an overall not to exceed Project cost of$11,000; and, 3. Commission and install a "Black Lives Matter" framed "billboard size" vinyl banner along the Amphitheater's north border/south-facing wall of the Public Works "boneyard" building at a total cost not to exceed $4,000; and, For the City Council to approve the following Public Art Commission recommendations: 4. Approve the recommended art and memorial concepts from the Public Arts Commission for the Ofelia Bringas Memorial Bridge Project; and, 5. Approve the acceptance and storage of Bill Anson Sculptures; and 6. Approval of the placement location and acceptance of two Cristopher Cichocki Desert Abyss Project framed photographs in City Hall's first-floor lobby. This item was pulled from the agenda to be considered at a later date. 7. CLOSED SESSION The City Council met in Closed Session during the Study Session portion of the meeting and will be referenced in the Study Session minutes of June 24, 2020. ADJOURN Mayor John Aguilar adjourned the Regular City Council meeting at 8:33 pm. A .. ..yor, City of V. hedral City City Clerk, ity of C:thedral Ci• Cathedral City Page 11 Printed on 7/02/2020