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HomeMy WebLinkAboutCC Minutes 2020-10-28 44 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, October 28, 2020 3:00 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • CALL TO ORDER The meeting was called to order at 3:00 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 Remote Ernesto Gutierrez [ Councilmember Present 3:00 PM Rita Lamb Councilmember Remote Mayor John Aguilar, Mayor Pro Tern Raymond Gregory, Councilmember Mark Carnevale and Councilmember Lamb all participated by video conference via Zoom. • AGENDA FINALIZATION A. CLOSED SESSION City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the following item listed on the Agenda. A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: One The City Council recessed to Closed Session at 3:00 p.m. The City Council reconvened at 4:00 p.m. City Attorney Eric Vail announced that the City Council met in Closed Session to discuss one item of anticipated litigation. There was no reportable action taken. • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT There were no members of the public who wished to speak. 2. STUDY SESSION A. Coachella Valley Mosquito and Vector Control Board of Trustees Update Recommendation: This is a presentation only, there is no formal action required for this item. Sergio Espericuta, Council appointed Trustee on the Coachella Valley Mosquito and Vector Control District Board, provided an update on the surveillance and control activities in Cathedral City amidst the COVID-19 pandemic. He also covered their efforts related to community outreach and announced that the district received a Certificate of Achievement for Excellence in Financial Reporting (CAFR). Tammy Gordon, Public Information Officer and Jeremy Wittie, General Manager of the Coachella Valley Mosquito and Vector Control District were also available for questions. Councilmember Mark Carnevale questioned if the District has had to discontinue any services due to COVID-19. Mr. Espericueta responded in the negative. Councilmember Ernesto Gutierrez questioned if the District provides other services other than mosquito control. Jeremy Wittie, General Manager Coachella Valley Mosquito and Vector Control District provided an overview of the other services provided by the district. He expressed how nice it has been to work with Sergio Espericueta and that he looks forward to that continuing should he be reappointed to the Board. Councilmember Ernesto Gutierrez questioned if the District received any CARES Act Funding. Jeremy Wittie responded in the negative. B. Cathedral City Small Business COVID-19 Physical Adaption Grant Program Recommendation: To discuss and provide direction on the use of$566,430 of CBDG CARES Act funding to provide a Cathedral City small business grant program. Stone James, Economic Development Director, provided an overview on the Small Business Assistance Program made available through the CDBG CARES Act Funding. Mayor John Aguilar questioned if someone is interested in applying and needs assistance will staff be available to assist them. Cathedral City Page 2 Printed on 11/03/2020 Stone James responded that he will be available to assist. Councilmember Mark Carnevale thanked Stone James for getting the program together so quickly. He expressed his concern with someone receiving a grant then going out of business. Stone James responded that a process will be in place to ensure that the City gets what they need in accordance with the requirements put in place by HUD. Councilmember Mark Carnevale questioned if these funds could be used for payroll, utilities or rent. Stone James responded that these funds can't be used for payroll, utilities, etc. If they have already received funds for the aforementioned, they aren't eligible for these funds. Councilmember Rita Lamb confirmed that these funds can only be used to make their business safe in order to continue to conduct business. Councilmember Ernesto Gutierrez questioned what is required of businesses when applying for the funds. Stone James responded that a sketch, estimate of expenses or receipts when a purchase has already been made will need to be submitted. He also stated that if they are making permanent changes, they will need to work with the planning department for approval. Councilmember Ernesto Gutierrez questioned if a general contractor must be hired or can the business owner do the improvements themselves. He also questioned if a contractor is hired to do the construction will the business owner be required to pay them prevailing wages. Stone James responded that if a contractor is hired, they must be paid prevailing wages. He suggested that the funds be used to purchase the materials and that they use their own funds to pay for the construction. Mayor Pro Tem Raymond Gregory confirmed that this funding is separate from prior funding that was offered. He questioned if someone has already created outdoor improvements could they still apply for the funds. Stone James responded that if they can certify that they created the outdoor improvements or purchased equipment then they could apply. Mayor Pro Tern Raymond Gregory stated that he believed this was a reimbursement program, however, he is hearing differently now. He does not support the City fronting the money. Stone James responded that it would be optimal to be a reimbursement program, however, there are businesses that may not be able to afford making these I Cathedral City Page 3 Printed on 11/03/2020 improvements up front without funding. It would be up to the Council to decide the structure of the program. Mayor Pro Tern Raymond Gregory believes that the process should be by reimbursement, he feels that it will turn problematic for the City. The City would be allocating funds from the General Fund if we front the money for the program. Mayor John Aguilar stated that the applications should be vetted prior to funding. He feels that only in rare circumstances will the money be funded up front and not a reimbursement. It is the City's preference to only reimburse. Tami Scott, Administrative Services Director suggested that if a general contractor is doing the work, they could consider doing a 10% upfront payable to the contractor. Councilmember Mark Carnevale questioned if we could do a pay as you go concept. Tauri Scott, Administrative Services Director responded in the affirmative. Councilmember Ernesto Gutierrez stated that we need permission from the property owner if those making improvements are not the property owner. We also need to ensure that they will continue to stay in business for a period of time. once the grant is received. Mayor John Aguilar stated that he is relying on staff's underwriting of the applications prior to funding. Councilmember Rita Lamb stated that there are other cities in the valley that have offered relief and maybe we could model our program after theirs. Councilmember Mark Carnevale suggested waiving the permit fees. Councilmember Ernesto Gutierrez concurred. Charles McClendon, City Manager indicated that the program will be written as a reimbursement program allowing for exceptions in certain unusual circumstances with the backing of the underwriting committee and with document back-up. Mayor John Aguilar requested that regular reporting to the Council on the program be done. He stated that there will be businesses that need assistance with mortgage payments and salaries for their staff and encouraged staff to offer assistance to those businesses and provide information that is available. C. General Fund Year End Review Fiscal Year 2019/2020 Recommendation: This item is presented for information, discussion and direction only. Tauri Scott, Administrative Services Director, began presenting the General Fund Year End Review of Fiscal Year 2019/2020. The remainder of this item will be heard during the Regular City Council Meeting and will be included in both sets Cathedral City Page 4 Printed on 11/03/2020 of minutes. The following is included in the minutes of the Regular City Council Minutes of October 28, 2020. Continuation of General Fund Year End Review Fiscal Year 2019/2020 This is a continuation item from the Study Session Meeting. Tami Scott, Administrative Services Director completed her presentation on the General Fund Year End Review of Fiscal Year 2019/2020. Councilmember Ernesto Gutierrez thanked Ms. Scott for her presentation. Councilmember Rita Lamb requested clarification related to auto sales and services and if this is just the dealerships or all encompassing. Administrative Services Director Scott responded that it is all encompassing. Councilmember Mark Carnevale questioned how many employees are in the Fire Department. Administrative Services Director Scott responded that she believes there are 43 employees in the Fire Department. Councilmember Carnevale questioned how many employees are in the Police Department. Administrative Services Director Scott responded that she believes there are 49 sworn and 24 non-sworn in the Police Department. Councilmember Carnevale questioned if there is anything that can be done to gain savings in the Fire Department. Administrative Services Director Scott stated that there are things that have been put in place moving forward to improve sustainability. There have also been some discussions on consolidating and partnering with other cities. As we move forward and continue to grow there are areas that will have to be explored. Mayor Pro Tem Raymond Gregory stated that there are a lot of uncertainties right now and feels that this uncertainty will affect our budget. Mayor John Aguilar questioned if we have considered any spin-off revenue from the casino opening. Administrative Services Director Scott responded in the affirmative. D. Update on the STVR Enforcement Team Recommendation: This item is presented for information, discussion and direction only. Cathedral City Page 5 Printed on 11/03/2020 This item will be heard during the regular City Council Meeting as the last item on the Agenda. The following is included in both the Study Session Minutes of October 28, 2020 and the Regular City Council Minutes of the same. Update on the STVR Enforcement Team This item was carried over from the Study Session Meeting of October 28, 2020. Police Chief George Crum provided an update to the City Council on the new STVR Enforcement Team and how the processes will work. He indicated that 6 limited term employees are in the process of being hired. They will begin training the week of November 2, 2020. Mayor Pro Tem Raymond Gregory stated that he has heard concerns with utilizing the hot line and that the reporting will be handled the way it was before. It was his understanding that the Compliance Officer would be responding to the complaint and they notify the emergency contact. Chief Crum responded that he would like to continue using the hot line because for a multitude of reasons one being to continue to capture the data. He stated that the complaints received will go through dispatch and an officer will be dispatched to the location. After the officer has assessed the situation, they will contact the point of contact. They will address the situation with eyes on. He does not anticipate having any contact with the security company. Mayor Pro Tern Raymond Gregory wanted to ensure that with the suspension of the Ordinance that there is still a reference to the local contact in the policy. Chief Crum responded in the affirmative. Councilmember Mark Carnevale expressed his concern with still having to use the hot line for complaints related to short-term vacation rentals, he would prefer that a resident that is having issues be able to call dispatch. Chief Crum responded that the hot line has been around for quite some time and there are many individuals that are use to utilizing that system. Nothing precludes residents from calling dispatch directly. The hot line will call dispatch when it receives a complaint. Councilmember Mark Carnevale questioned if there is a call for loud music, will the officer issue a warning or a citation. Chief Crum indicated that it will be determined by the officer on how to handle that complaint. Councilmember Ernesto Gutierez thanked Chief Crum for his presentation. He questioned if there will be back-up in the event that one of the compliance officers is out. Cathedral City Page 6 Printed on 11/03/2020 Chief Crum responded that there will still be coverage. Councilmember Ernesto Gutierrez questioned if the hot line will be contacting the emergency contact or will the compliance officer be making that contact. Chief Crum responded that the compliance officer will be making that call. Mayor John Aguilar would like to see regular updates regarding this enforcement team. ADJOURN Mayor John Aguilar adjourned the October 28, 2020 Study Session Meeting at 5:25 p.m. to November 9, 2020. ayo City of Cat -oral City City Clerk,Xity of Cathedral 7 Cathedral City Page 7 Printed on 11/03/2020 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, October 28, 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. Mayor John Aguilar announced that on Friday, October 28, 1988 Cathedral City Police Officer David Vasquez was killed while on duty. On this day, and always, we want to honor Officer Vasquez and his family and asked for a moment of silence in his honor. • 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 Remote Raymond Gregory Mayor Pro Tern Remote Mark Carnevale r Councilmember Remote Ernesto Gutierrez Councilmember Present 5:30 PM Rita Lamb Councilmember Remote Mayor John Aguilar, Mayor Pro Tem Raymond Gregory, Councilmember Mark Carnevale and Councilmember Rita Lamb all participated by video conference via Zoom. • AGENDA FINALIZATION Mayor John Aguilar announced that the City Council will complete the following Study Session Items that they were not able to complete: Item 2C. General Fund Year End Review Fiscal Year 2019/2020 as the first item under Legislative Actions on the Regular City Council Meeting Agenda. Item 2D. Update on the STVR Enforcement Team as the last item on the Regular City Council Meeting Agenda. • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT The following individual provided a public comment for the record. Their comment was read for three minutes and the full comment will be made part of the record according to our standard procedure: Alan Carvalho thanked Councilmember Ernesto Gutierrez and Mayor Pro Tem Raymond Gregory for their donation to refurbish the plaque honoring Officer Vasquez. 2. COUNCIL REPORTS Councilmember Rita Lamb expressed her excitement that the LA Dodgers won the World Series. She announced that Sue Townsley will be recognized by KESQ on November 6, 2020, National Philanthropy Day. She reminded the public that COVID- 19 testing is available at the CVS located on Cathedral Canyon and Vista Chino. She stated that she is a member of the Noon Rotary and announced that the Healing Fields is suspended this year. She also noted that the Noon Rotary has continued to contribute to Polio irradiation. She announced that the Coachella Valley Branch of the American Public Works Association recognized Cathedral City for their work on the Date Palm Bridge. She reported that the SCRAP Gallery continues to energize and help to make a commitment between school age children and their contributions to the world. She received a call from a concerned resident regarding a short-term vacation rental near his home and stated that they are not following proper guidelines. Councilmember Mark Carnevale participated along with Councilmember Lamb in the Mayors and City Council round table meeting and was impressed on what cities are doing during COVID-19. He was able to share about our City Hall at Your Corner events, which was well received. He attended the CVEP meeting and announced that the 16th Annual Greater Palm Springs Economic Summit will be held on November 19, 2020. More information can be found at CVEP.com. He also received many calls from residents related to short-term vacation rental issues and calls regarding local businesses not doing what they should be doing related to mask wearing and social distancing. He urged individuals to report this action to the City. Councilmember Ernesto Gutierrez stated that the County of Riverside has reverted back to the purple tier, which will affect many businesses. He noted that in order to help businesses in the community people must get tested. He stated that testing is free. More information can be found at gettested.urhealth.org. He attended along with the other members of the Council the virtual Grand Opening of the new Fire Station. He feels the station is beautiful and will serve the community for years to Cathedral City Page 2 Printed on 11/03/2020 come. He reminded everyone to vote and thanked those candidates who are running for our local City Council. He stated that while driving around the City he noticed many code violations that need to be addressed. He reported that he spoke with a couple of residents related to short-term vacation rental issues and a couple of business owners wondering what to do now that the County has moved back into the purple tier. Mayor Pro Tem Raymond Gregory stated that he had the opportunity to speak with many residents and staff on a number of issues. He reported that on October 19, 2020 he participated in a joint meeting with the Coachella Valley Association of Governments Transportation Committee with the Executive Committee. They were able to pass a couple of big projects that are important to the Valley, which included the CV link and the CVAG signalization project. He reported that on October 20, 2020 he participated along with Councilmember Carnevale in a City Hall at Your Corner and he reminded the public that this is a great way to communicate directly with members of the City Council. He also reported that he participated in the Dinner with Patsy fundraiser on October 21, 2020, which was held at Nicolinos. The funds raised went to the Police Officers Fund. He reported that the first ever Parks and Community Events Commission at Your Corner event was held on October 22, 2020 and was well attended. It is his hope that this event will continue. He attended the virtual Grand Opening of the new Fire Station. He was able to represent the City on the SunLine Transit Agency Board and received an update on the Refueled Program. He stated that they continue to do great work in the Valley. He reminded everyone to vote by November 3, 2020 and set their clocks back on November 1, 2020. He also reminded everyone to wear their masks and be safe this Halloween. Mayor John Aguilar reported that he also attended the virtual Grand Opening of the new Fire Station. The highlight of the event was the acknowledgement of our new Fire Chief, John Muhr. He was also able to say goodbye to former acting Fire Chief Blake Goetz, who did a great job. He reported that he attended the CVAG Executive Committee meeting and was pleased to see that the DaVall interchange is on the list of upcoming projects. He also participated in the Dinner with Patsy fundraiser held at Nicolinos. He reminded everyone to be safe this Halloween. 3. CONSENT AGENDA A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb A. Minutes Approval M.O. 2020-146 1. City Council - Study Session - Oct 14, 2020 3:00 PM 2. City Council - Regular Meeting - Oct 14, 2020 5:30 PM Cathedral City Page 3 Printed on 11/03/2020 B. Tract Nos. 28659-1, 32559, and 32858: Rio Vista-Verano area: Approval of Amendment No. 2 to Improvement Agreement for Completion of Improvements with HPH Homebuilders (D. R. Horton), and approval of Termination, Release and Assumption Agreement (TRA) with Sol Recovery (Inland Communities) and HPH Homebuilders. Recommendation: To approve Amendment No. 2 to the Improvement Agreement with HPH Homebuilders 2000 LP, for completion of improvements in portions of Tracts 28659-1 and 32559 by the addition of new lots within Tract 32858; and, approve the Transfer, Release and Assumption Agreement (TRA) With HPH Homebuilders and Sol Recovery (Inland Communities) for Tract 32858; and, authorize the execution of the Agreements by the City Manager and City Clerk. M.O. 2020-147 C. Approval the Annual Recognized Obligation Payment Schedule for July 2021 through June 2022 Recommendation: To adopt a resolution approving the Recognized Obligation Payment Schedule for the period of July 1, 2021 through June 30, 2022 ("ROPS 21-22") and the incorporated administrative allowance and budget. Reso 2020-55 D. ANNUAL ASSEMBLY BILL (AB 1600) DEVELOPMENT FEE REPORT Recommendation: Staff recommends the City Council approve a resolution accepting the Annual AB 1600 Development Fee Report for the Fiscal Year 2019/2020. Reso 2020-56 E. Contract with Petrochem Materials Innovation, LLC (PMI) to REAS Cathedral Canyon Drive. Recommendation: To approve a contract with Petrochem Materials Innovation, LLC. for $284,813.61 to supply and apply Type II, Rubber Emulsion Aggregate Slurry (REAS) on Cathedral Canyon Drive between Terrace Drive and Perez Road and remaining sections of the Cove previously not completed, including traffic control, crack sealing and striping; and, approve a fifteen percent (15%) contingency in the amount of$42,722 for unforeseeable construction costs, making the total encumbrance $327,535.61; and, authorize the City Manager (or designee) to execute the required contract documents. M.O. 2020-148 F. Accept Resignation of Ray Lopez from the Architectural Review Committee Recommendation: To accept the resignation of Ray Lopez from the Architectural Review Committee effective December 31, 2020 and direct staff to proceed with filling the vacant seat. M.O. 2020-149 Cathedral City Page 4 Printed on 11/03/2020 G. To approve the CDBG FY 2019-2020 CAPER for submittal to HUD. Recommendation: To approve the City's Community Development Block Grant (CDBG) FY 2019-2020 Consolidated Annual Performance Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD). M.O. 2020-150 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS A. CFD 2006-1, IA #14, Formation, Election and Ordinance Public Hearing Recommendation: To adopt the following: Resolution of formation determining the validity of prior proceedings and resolution establishing Improvement Area No. 14 of the Cathedral City Community Facilities District 2006-1 and call a special election within the improvement area. Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 14 of the City of Cathedral City Community Facilities District 2006-1 (law enforcement, police, paramedic, park and general maintenance services) calling a special election. Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 14 of the City of Cathedral City Community Facilities District 2006-1 (law enforcement, police, paramedic, park and general maintenance services) canvassing the results of the special election held within said district. To introduce, waive reading beyond the title, and provide first reading by title only to an ordinance of the City Council of the City of Cathedral City acting as the legislative body of Improvement Area No. 14 of the City of Cathedral City Community Facilities District 2006-1 (law enforcement, fire, paramedic, park and general maintenance services) authorizing the levy of a special tax. Mayor John Aguilar announced that at this time he will open the public hearing for the proposed formation of the Improvement Area No. 14 of the City of Cathedral City Community Facilities District No. 2006-1. City Clerk Tracey Martinez announced that the public hearing was published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication is on file in the City Clerk's Office. Tami Scott, Administrative Services Director gave an overview of the formation of Cathedral City Page 5 Printed on 11/03/2020 the proposed District. Mayor John Aguilar questioned if there were any comments from members of the public, there being none, he asked the Council if they had any questions or comments. There being none, he officially closed the Public Hearing. Reso 2020-57 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Lamb to approve a Resolution of Formation of the City Council of the City of Cathedral City determining the validity of prior proceedings, establishing Improvement Area No. 14 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance and General Maintenance Services) RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb Reso 2020-58 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to approve a Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 14 of the City of Cathedral City Community Facilities District No, 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance and General Maintenance Services) Calling a Special Election. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb Reso 2020-59 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Lamb to approve a Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 14 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance and General Maintenance Services canvassing the results of the Special Election held within said District. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tern SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb M.O. 2020-51 Cathedral City Page 6 Printed on 11/03/2020 A motion was made by Councilmember Gutierrez and seconded by Councilmember Lamb to Introduce, waive reading beyond the title, and provide first reading by title only an Ordinance of the City Council of the City of Cathedral City acting as the legislative body of Improvement Area No. 14 of the City of Cathedral City Community Facilities District 2006-1 (law enforcement, fire, paramedic, park and general maintenance services) authorizing the levy of a special tax. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb 6. LEGISLATIVE ACTIONS Continuation of General Fund Year End Review Fiscal Year 2019/2020 This is a continuation item from the Study Session Meeting. Tami Scott, Administrative Services Director completed her presentation on the General Fund Year End Review of Fiscal Year 2019/2020. Councilmember Ernesto Gutierrez thanked Ms. Scott for her presentation. Councilmember Rita Lamb requested clarification related to auto sales and services and if this is just the dealerships or all encompassing. Administrative Services Director Scott responded that it is all encompassing. Councilmember Mark Carnevale questioned how many employees are in the Fire Department. Administrative Services Director Scott responded that she believes there are 43 employees in the Fire Department. Councilmember Carnevale questioned how many employees are in the Police Department. Administrative Services Director Scott responded that she believes there are 49 sworn and 24 non-sworn in the Police Department. Councilmember Carnevale questioned if there is anything that can be done to gain savings in the Fire Department. Administrative Services Director Scott stated that there are things that have been put in place moving forward to improve sustainability. There have also been some discussions on consolidating and partnering with other cities. As we move forward and continue to grow there are areas that will have to be explored. Mayor Pro Tem Raymond Gregory stated that there are a lot of uncertainties right Cathedral City Page 7 Printed on 11/03/2020 now and feels that this uncertainty will affect our budget. Mayor John Aguilar questioned if we have considered any spin-off revenue from the casino opening. Administrative Services Director Scott responded in the affirmative. A. California Public Employees Retirement System (CaIPERS) Annual Lump Sum Payment Recommendation: To authorize an allocation of$1,800,000 for a lump sum payment to CaIPERS M.O. 2020-152 A motion was made by Councilmember Gutierrez and seconded by Mayor Pro Tem Gregory to authorize an allocation of$1,800,000 for a lump sum payment to CaIPERS RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Raymond Gregory, Mayor Pro Tern AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb B. Public Arts Commission Educational Recommendation: Internet-based How to Paint Classes Recommendation: To approve the Public Arts Commission recommendation to fund the Cathedral City Senior Center's production of three (3) online How to Paint Classes in the amount of $934.00. This would be the Public Arts Commission's first public arts education expenditure in FY 2020/2021. M.O. 2020-153 A motion was made by Councilmember Carnevale and seconded by Councilmember Lamb to approve the Public Arts Commission recommendation to fund the Cathedral City Senior Center's production of three (3) online How to Paint Classes in the amount of$934.00. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb C. Amendment Five to AB 2766 Memorandum of Understanding (MOU) between CVAG and Member Jurisdictions to provide Sustainable Funding of the Regional PM10 Street Sweeping Program Recommendation: To approve Amendment Five to AB 2766 Memorandum of Understanding (MOU) between the Coachella Valley Association of Governments (CVAG) and Member Jurisdictions to maintain contributions from the cities and the Cathedral City Page 8 Printed on 11/03/2020 County at 75% to provide Sustainable Funding of the Regional PM10 Street Sweeping Program, through June 30, 2024; and, authorize the City Manager to execute Amendment Five to the AB 2766 Memorandum of Understanding (MOU). M.O. 2020-154 A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to approve Amendment Five to AB 2766 Memorandum of Understanding (MOU) between the Coachella Valley Association of Governments (CVAG) and Member Jurisdictions to maintain contributions from the cities and the County at 75% to provide Sustainable Funding of the Regional PM10 Street Sweeping Program, through June 30, 2024; and, authorize the City Manager to execute Amendment Five to the AB 2766 Memorandum of Understanding (MOU). RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb D. Resolution Supporting Engineering Study of Salton Sea Water Import Alternative Recommendation: To adopt a resolution declaring continuing support for a comprehensive analysis of all water import alternatives as part of the long-term solution for the Salton Sea. Reso 2020-60 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Gutierrez to adopt a resolution declaring continuing support for a comprehensive analysis of all water import alternatives as part of the long-term solution for the Salton Sea. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tern SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb E. Biennial Contract - Landscape Maintenance Services Recommendation: To award a Landscape Maintenance Services Contract to PS Tree Service & Maintenance for fiscal year 2020/21 with an option for fiscal year 2021/22; and, authorize the City Manager to execute all required documents. M.O. 2020-155 A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to award a Landscape Maintenance Services Cathedral City Page 9 Printed on 11/03/2020 Contract to PS Tree Service & Maintenance for fiscal year 2020/21 with an option for fiscal year 2021/22; and, authorize the City Manager to execute all required documents. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb F. Ordinance Amending Section 2.04.050 of Chapter 2.04 of Title 2 of the City of Cathedral City Municipal Code Related to Council Compensation Recommendation: To introduce an ordinance amending section 2.04.050 of the City of Cathedral City Municipal Code, provide first reading by title and waive further reading. M.O. 2020-156 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to introduce an Ordinance of the City Council of Cathedral City, California, Amending Section 2.04.050 [Compensation and Reimbursement] of Chapter 2.04 [Council] of Title 2 [Administration and Personnel] of the City of Cathedral City Municipal Code Regarding City Council Member Compensation, provide first reading by title and waive further reading. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb G. Ordinance Amending Section 2.30.010 of Chapter 2.30 of the Cathedral City Municipal Code Related to the Architectural Review Committee Recommendation: To introduce ordinance amending Section 2.30.010 of the City of Cathedral City Municipal Code, provide first reading by title and waive further reading. Mayor Pro Tem Raymond Gregory indicated that he is concerned with the language that was proposed in the Ordinance and requested modified language from the City Attorney to better exhibit the desire of the City Council which allows more flexibility. The proposed language for Section B is as follows: It is the preference of the City Council that the membership of the architectural review committee include one local licensed architect and one local licensed landscape architect. The City Council may waive the residency requirement for the licensed architect and licensed landscape architect positions if the City Council determines that such waiver is necessary and in the best interests of the City. The City Council may also consider various factors in appointing any member of the architectural review committee, including without limitation, licenses, certificates or degrees, other education, training or work experience in Cathedral City Page 10 Printed on 11/03/2020 the fields of architecture, landscape design, other design, civil engineering, construction, surveying, or similar fields determined to be relevant by the City Council. M.O. 2020-157 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Gutierrez to introduce an Ordinance of the City Council of Cathedral City, California, Amending Section 2.30.010 [Architectural Review Committee Established] of Chapter 2.30 [Architectural Review Committee] of Title 2 [Administration and Personnel] of the City of Cathedral City Municipal Code, provide first reading by title and waive further reading with the following language as Section B: It is the preference of the City Council that the membership of the architectural review committee include one local licensed architect and one local licensed landscape architect. The City Council may waive the residency requirement for the licensed architect and licensed landscape architect positions if the City Council determines that such waiver is necessary and in the best interests of the City. The City Council may also consider various factors in appointing any member of the architectural review committee, including without limitation, licenses, certificates or degrees, other education, training or work experience in the fields of architecture, landscape design, other design, civil engineering, construction, surveying, or similar fields determined to be relevant by the City Council. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tern SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb H. Ordinance Repealing Chapter 2.55 of Title 2 of the City of Cathedral City Municipal Code Related to City Holidays and Hours of Operation Recommendation: To introduce an ordinance repealing Chapter 2.55 of the City of Cathedral City Municipal Code, provide first reading by title and waive further reading. M.O. 2020-158 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Lamb to introduce an Ordinance of the City Council of Cathedral City, California, Repealing Chapter 2.55 [Holidays Observed by the City] of Title 2 [Administration and Personnel] of the City of Cathedral City Municipal Code Regarding City Hall Holidays and City Hall Operating Hours, provide first reading by title and waive further reading. Cathedral City Page 11 Printed on 11/03/2020 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb I. Update on Emergency Actions Related to COVID-19 Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06. Update on Emergency Actions taken by City, County, State of Federal Agencies. 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. City Manager Charles McClendon provided and update on emergency actions related to COVID-19. He presented the following: • Comparison of County and Statewide Data • 7-day average of new cases from April 6, 2020 through October 26, 2020 • Correlations with Holidays Mr. McClendon feels that the data indicates that the spread of COVID-19 could be contributed to private gatherings. He also feels that personal behaviors are important and urged everyone to do what we know works by continuing to wear masks, social distancing and move activities outdoors when possible. He feels this will not only slow the spread but will also facilitate our businesses being able to reopen. He stated that the City does receive complaints made against businesses for not following proper guidelines and staff does follows up. The City tries its best to work with businesses to ensure they are compliant, however, there are tools within the emergency order to enforce more strenuously if it is needed. Mayor John Aguilar feels that the with the ups and downs with the pandemic it has caused COVID fatigue. He is pleased with the City's public education campaign and reminded everyone that we need to remain vigilant in what we do. Councilmember Mark Carnevale feels that the spread of COVID may be contributed from private gatherings and suggested prohibiting short-term vacation rentals until we are back in the red tier. Mayor Pro Tem Raymond Gregory feels there is no evidence of where the spread is coming from and it doesn't make sense to shut down short-term vacation rentals with no evidence that they are causing it. He stated that he runs errands once a week and while visiting a big box store for the second time since February, he was shocked to see them serving food samples. He feels that we should concentrate efforts on areas that are still not being paid attention to. Cathedral City Page 12 Printed on 11/03/2020 Councilmember Ernesto Gutierrez would support considering shutting down short-term vacation rentals until we are in the red tier. Mayor John Aguilar stated that he has the same concern as his colleagues and is open to the possibility of considering taking action but only if it was done on a regional basis. Councilmember Mark Carnevale would like to wait and monitor what happens over the next couple of weeks and take action if necessary, at that point. Councilmember Rita Lamb questioned why we still do not have data on where the spread is coming from. She feels we need to do whatever we can to remain safe. Mayor John Aguilar noted that Dr. Kaiser has made himself available to attend a Palm Springs City Council Meeting to respond to similar questions. He asked staff to try and coordinate his participation at one of our City Council meetings to answer some of the questions, so we are not going off of third-party reporting. Update on the STVR Enforcement Team This item was carried over from the Study Session Meeting of October 28, 2020. Police Chief George Crum provided an update to the City Council on the new STVR Enforcement Team and how the processes will work. He indicated that 6 limited term employees are in the process of being hired. They will begin training the week of November 2, 2020. Mayor Pro Tem Raymond Gregory stated that he has heard concerns with utilizing the hot line and that the reporting will be handled the way it was before. It was his understanding that the Compliance Officer would be responding to the complaint and they notify the emergency contact. Chief Crum responded that he would like to continue using the hot line because for a multitude of reasons one being to continue to capture the data. He stated that the complaints received will go through dispatch and an officer will be dispatched to the location. After the officer has assessed the situation, they will contact the point of contact. They will address the situation with eyes on. He does not anticipate having any contact with the security company. Mayor Pro Tem Raymond Gregory wanted to ensure that with the suspension of the Ordinance that there is still a reference to the local contact in the policy. Chief Crum responded in the affirmative. Councilmember Mark Carnevale expressed his concern with still having to use the hot line for complaints related to short-term vacation rentals, he would prefer that a resident that is having issues be able to call dispatch. Cathedral City Page 13 Printed on 11/03/2020 ■ Chief Crum responded that the hot line has been around for quite some time and there are many individuals that are use to utilizing that system. Nothing precludes residents from calling dispatch directly. The hot line will call dispatch when it receives a complaint. Councilmember Mark Carnevale questioned if there is a call for loud music, will the officer issue a warning or a citation. Chief Crum indicated that it will be determined by the officer on how to handle that complaint. Councilmember Ernesto Gutierez thanked Chief Crum for his presentation. He questioned if there will be back-up in the event that one of the compliance officers is out. Chief Crum responded that there will still be coverage. Councilmember Ernesto Gutierrez questioned if the hot line will be contacting the emergency contact or will the compliance officer be making that contact. Chief Crum responded that the compliance officer will be making that call. Mayor John Aguilar would like to see regular updates regarding this enforcement team. 7. CLOSED SESSION ADJOURN Mayor John Aguilar adjourned the October 28, 2020 City Council Meeting at 8:13 p.m. to the November 10, 2020 at 5:30 p.m. L ay.r, City of Cath'.ral City City Cler * ity of athedral Ci� Cathedral City Page 14 Printed on 11/03/2020