HomeMy WebLinkAboutCC Minutes 2022-04-27 CITY COUNCIL
MINUTES
Cathedral City
Study Session
Wednesday, April 27, 2022
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
This meeting was conducted in person and via Zoom.
• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor Ernesto Gutierrez.
• ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 3:00 PM
Rita Lamb Mayor Pro Tern Present 3:00 PM
Mark Carnevale Councilmember Present 3:00 PM
Nancy Ross Councilmember Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM
• AGENDA FINALIZATION
1. 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 - Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1):
Name of Case and Number: Koslow v. DataTicket, et al.
Case Number: CVPS2103087
B. Conference with Labor Negotiator Pursuant to Government Code Section
54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees: Non-represented Employees
Brad Anderson, Rancho Mirage, expressed his concern with other cities taking
advantage of Closed Session to discuss items not listed on the agenda, and hopes
the Council will only discuss the items listed on the agenda. He also encouraged the
City Council to keep in mind what other cities are doing with employee negotiations
and consider the cost of inflation when discussing Item B under Closed Session.
The City Council recessed to Closed Session at 3:05 p.m.
The City Council reconvened at 4:04 p.m.
City Attorney Eric Vail announced that the City Council met in Closed Session to
discuss Item A. Conference with Legal Counsel for one case of existing litigation and
there was no reportable action taken. They also discussed Item B. Conference with
Labor Negotiator where direction was given, however, there was no reportable
action taken.
2. PUBLIC COMMENT
3. STUDY SESSION
A. Community Development Block Grant (CDBG) FY 2022-27 Consolidated
Plan Final Review, CDBG FY 2022-23 Annual Action Plan Introduction
and Formation of a City Council Public Services Review Subcommittee
Recommendation: Final review of the City's Community Development Block
Grant (CDBG) FY 2022-27 Consolidated Plan (Con Plan);
and for Staff to introduce the FY 2022-23 Annual Action Plan
(AAP); and, for the City Council to appoint a Subcommittee
to assist Staff in the review of the Public Services proposals
received.
Andrew Lee, Assistant Engineer, provided a presentation related to the final
review of the CDBG FY 2022-2027 Con Plan and FY 2022-23 Annual Action
Plan Introduction. He indicated that staff would like to form a Public Services
Subcommittee to help staff review proposals and asked that Council provide their
input on any organizations they would like to receive proposals from. The
following points where presented:
• Purpose of Study Session
• Schedule
• Con Plan
• Con Plan Public Outreach Process- Three Steps
• City Council Con Plan Discussions
• City Council Discussed Priority Needs
• FY 2022-23 AAP Introduction
• Background
• Past FY 2021-22 Allocation Table Template
• Public Services
• Public Improvements
• Public Services Subcommittee
• Public Services List for Initial Considerations
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• Staff Requests
Mayor Ernesto Gutierrez would like staff to request proposals from the Cathedral
City High School Band program.
Councilmember Mark Carnevale would like staff to look into a cooling center.
Councilmember Raymond Gregory requested that staff request proposals from
the arts and sports programs at the Cathedral City High School as well.
It was the consensus of the City Council to appoint Councilmember Raymond
Gregory and Councilmember Mark Carnevale to the Public Services
9
Subcommittee to assist staff with reviewing public services proposals received.
This item was for information and direction only. There was no formal action
taken by the City Council.
B. Introduction to SiFi Networks License Agreement an Open Source Fiber
Optic Development Agreement
Recommendation: An Introduction to the SiFi Networks License Agreement, an
Open-Source Fiber Optic Development Agreement, for
Council Review, Discussion and Direction Only.
Michael Kashiwagi, City Consultant, provided and overview of the proposed SiFi
Networks FiberCity License Agreement. The following points were presented:
• Background
• Basic Terms of License Agreement
• Potential Risk and Liability
• Benefits to the City
• Next Steps
City Attorney Eric Vail indicated that after reviewing the draft agreement there are
areas that warrant review by City Staff and SiFi.
1. There is a confidentiality clause that imposes an obligation upon the City
to have a process in place to protect SiFi's trade secrets information, and
if violated the City is potentially liable. There is a provision in the
agreement that caps SiFi's liability at 5 million dollars, however, there is no
cap for the City and expressly exempts any type of cap for release of trade
secret information. This provision also allows SiFi to sue the City for
consequential damages. Furthermore, this provision is also not clear that
SiFi has to identify when they are proving trade secret information so we
can know what to protect. This can create a conflict in relation to the City
releasing public records requests and feels this provision needs to be
redefined.
2. There is an indemnity provision that has a fairly good standard, however,
there is a defense obligation which means the City may be required to hire
or pay for attorney fees to defend SiFi in the event of a claim or lawsuit.
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He feels the threshold for this provision is not good for the City and needs
to be changed as it exposes the City to significant potential costs.
3. There is a termination clause that allows SiFi the ability to terminate the
agreement at any time, which leaves potential for the City to retain costs
and not be compensated for if SiFi terminates the agreement.
4. The proposed insurance rates should be increased.
Councilmember Nancy Ross expressed concern with the required time and
deadlines to process SiFi related work and how it could affect services to
residents and local businesses. She also questioned how the City intends to
keep trade secrets protected relating to the distribution of public records
requests.
Assistant City Manager Katherine Fuentes explained the process of SiFi covering
the cost for a project manager to dedicate the time to the SiFi related work, which
should mitigate that concern. She further explained the process of redacting
confidential information on public records requests and asked that Scott
Bradshaw, President SiFi Networks, provide further details of what has been the
case this far with other agencies they have dealt with.
Scott Bradshaw, President SiFi Networks, provided a brief overview of the
process with other agencies. He indicated that the City Attorney made some very
valid points and they will adjust the draft document accordingly prior to bringing it
back to the City Council on May 11, 2022.
Councilmember Raymond Gregory requested clarification on non-inclusive.
Scott Bradshaw, President SiFi Networks, provided clarification.
City Attorney Eric Vail provided his clarification and indicated that the language
can be clarified in the agreement.
Councilmember Raymond Gregory expressed concern with the language that
relates to SiFi servicing the primary premises and feels the entire City should be
covered as well as future development. He would like to know the cost to cover
all of the existing areas.
Scott Bradshaw, President SiFi Networks, explained that it is SiFi's intention to
cover 100% of the City and they want to ensure that 95% is covered. They will
also be looking at a 20-year view to see what the City may be developing in the
future. They intend to address these concerns on the draft agreement.
This item was for information and direction only, there was no formal action taken
by the City Council.
ADJOURN
Mayor Ernesto Gutierrez adjourned the Study Session meeting at 5:27 p.m.
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Mayor, City of athe ral CCity City Clerk, ty of Cathedral City
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CITY COUNCIL
MINUTES
Cathedral City
Regular Meeting
Wednesday, April 27, 2022
5:30 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
This meeting was conducted in person and via Zoom.
• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez.
• PLEDGE OF ALLEGIANCE
Councilmember Nancy Ross led the Pledge of Allegiance.
• INVOCATION (MOMENT OF REFLECTION)
Mayor Ernesto Gutierrez offered the invocation.
• ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 5:30 PM
Rita Lamb Mayor Pro Tern Present 5:30 PM
Mark Carnevale Councilmember Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM
• AGENDA FINALIZATION
1. PUBLIC COMMENT
Maria Scagliotti expressed her concern with the current cultivation tax.
Dorian Whitney expressed his concern with the lack of public transit in the City.
Chuck Parker expressed his concern with the Salton Sea and urged the City Council
to consider a resolution
Feliz Nunez expressed her concern with the health issues caused by the Salton
Sea.
Mitchell Velasco, Cathedral City High School Rotary Interact, invited the City Council
to their upcoming Cinco de Mayo event.
2. SPECIAL PRESENTATION - Janeshia Adams-Ginyard
The City Council presented Janeshia Adams-Gin yard, Cathedral City Resident, with
proclamation recognizing and congratulating her for her many accomplishments as an
Emmy-nominated actress and stunt woman.
3. SPECIAL RECOGNITION - Gary Marshall and Antonio Baciu
The City Council presented Antonio Baciu and Gary Marshall with a Certificate of
Recognition for their role in bringing Yoga Classes at the Cathedral City Community
Amphitheater to residents.
4. SPECIAL RECOGNITION - Terry Applegate and Sue Townsley
The City Council presented Sue Townsley and Terry Applegate with a Certificate of
Recognition for their extraordinary service to the Cathedral City Community.
5. COUNCIL REPORTS
Councilmember Gregory reported on the Special City Council meeting held on April
20, 2022, where they discussed cannabis regulations. He reported that he attended
the ERICA Board meeting, where the maintenance budget was approved. On April
18, 2022, he attended the Desert Business Association Awards where he was
honored to present the Heritage Award to Ron Celona from CVREP. He reported
that he attended the Riverside County Transportation Commission Budget and
Implementation Committee meeting, they have started their budget process. The
Coachella Festivals have been taking place, the first two are over and Stagecoach is
coming up which he plans to attend. He announced that there will be a Spring Fest
at Century Park from 8:30 a.m. to 12:00 p.m., Hall of Flowers will be held on May 4th
and 5th, the SCAG Conference will be held on May 5th and 6th. He announced that
May 13, 2022, is the grand opening of the Panorama Dog Park at 9:00 a.m. He also
announced that the College of the Desert Board of Trustees has decided to keep the
Road Runner Motors program at the original location in Cathedral City and thanked
all those involved. He reminded everyone that Mother's Day is coming up.
Mayor Pro Tem Rita Lamb recognized Ron Celona. She reported that she attended
the 2022 Coachella Valley Business Conference and Economic Forecast, which was
wonderful. She wanted to do a special acknowledge of Steve Fraiser for the CV
Firebirds. He and Shannon Miller brought a hockey demonstration to the Boys and
Girls Club. She reported that she stopped by the Riverside County Office of Social
Services on Perez Road. In suite A they provide services for CalFresh, Calworks,
and Medi-Cal. In suite B they provided Women Infants and Children nutrition
services (WIC). She thanked Patty Wexler for Yoga and expressed what a wonderful
event it was. She reported that Gary Marshall represented the City on the Trails
Subcommittee in her place due to it being a conflict with the City Council Special
meeting, she and Mr. Marshall will be meeting with Jim Karpiak, Director of the
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Mountains Conservancy. She announced that she will be attending the City on the
Palm Springs Unified School District 2x2 committee meeting on Monday. She also
announced that last week was Mosquito Awareness Week. She had the opportunity
to participate in the FIND Food Bank fundraiser telethon event, and noted that FIND
Food Bank Executive Director, Debbie Espinoza, is being recognized for her efforts.
She will be attending the upcoming AMVETS meeting. She announced that the
Desert Recreation District and the City will be offering swim lessons this summer.
She recited a quote, "Live purposely and walk humbly."
Councilmember Mark Carnevale reported on the last Special City Council meeting,
which was very productive. He attended the CVAG Homeless Committee and
reported that they secured a 3-year $300,000 grant from the State for homeless
services. He provided an update on the CV 200 program. He reported that he is
working on a cooling center with no luck so far and has reached out the Supervisor
Perez for help. He attended a meeting, along with Councilmember Ross and
Deanna Pressgrove, Environmental Conservation and Public Works Manager, for an
update on SB 1383. He also reported that he attended the 2022 Coachella Valley
Business Conference and Economic Forecast. He announced that he had two
constituent concerns which were referred to Police Chief Crum and City Manager
McClendon. He reported that he will be attending the SCAG Conference on May 5th
and 6th, along with is fellow Councilmembers. He will also be attending the upcoming
Coachella Valley Animal Campus meeting. He announced the upcoming Spring Fest
at Century Park from 8:30 a.m.to 12:00 p.m.
Councilmember Nancy Ross reported that she attended the CVAG Energy and
Environment Resources Committee meeting, where they received $80,000 from the
Coachella Valley Air Quality Enhancement. She also stated that the CVAG Energy
and Environment Resources Committee also supports water importation to the
Salton Sea. She, along with volunteers, handed out hundreds of flyers in the Ocotillo
Park area to inform the public of two upcoming meetings to have discussions with
Desert Recreation District, the Police Department, the Fire Department, Coachella
Valley Water District, Director of Engineering, Assistant City Manager and City
Manager. She held the first of these two meetings on April 21, 2022. She reported
that she met with a constituent about the importance of shade trees. She also
reported that she met with the Museum of Ancient Wonders, where they discussed
their ideas of a larger museum. She indicated that she met with two gated
communities. She reported that she, along with Councilmember Carnevale, are
working on SB 1383 guidelines and there will be a lot of education for residents. On
April 18, 2022, she reported that she also attended a meeting with SCAG, and
reported that she is assisting with their Annual Elected Officials Corn Hole
Tournament scheduled for September 30, 2022. She reported that she also attended
the SCAG Housing Forum, met with a former Commissioner, and spoke with some
Cannabis Industry Leaders. On April 21, 2022, she attended a meeting with a gated
community to discuss their relationship with their neighbors, Extended Stay. She
reported that she attended the SunLine Transit Agency Board meeting and stated
that she is working with the CEO of SunLine on some upcoming projects. She
reported she took a meeting with the Cathedral City Chamber of Commerce and
took a tour of a Senior Living Center. She also reported that she attended a meeting
regarding the future of hydrogen. On April 26, she met a friend for breakfast, caught
up on phone calls, met with City Manager McClendon, met with HR Manager
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Eugenia Torres and Fire Chief Muhr. She thanked Stone James, Economic
Development Director, and Terry Applegate for their efforts with the College of the
Desert Road Runner Motors program issue.
Mayor Ernesto Gutierrez hopes everyone is staying healthy. He announced that last
week was Greek Easter and hopes everyone had fun. He also announced that the
College of the Desert Board of Trustees has decided to keep the Road Runner
Motors program in the original location in Cathedral City and thanked all those
involved. He reported that he met with City Manager McClendon and Assistant City
Manager Fuentes for his weekly meeting. He reported that he also met with a
resident from Desert Princess who expressed his concerns with the vehicles
speeding on Vista Chino and Landau, which he will be working on with Police Chief
Crum. He reported that he attended the California Cities Mayors Meeting, where
they discussed implementation and grants for AB 1383. He also reported on the
Special City Council meeting held on April 20, 2022. He reported that he attended
the CVAG Executive Committee meeting, where they discussed Transportation
Uniform Mitigation Fees. He encouraged those who qualify to take advantage of
Edison's discount programs as temperatures rise. He reported that he spoke with a
constituent related to code enforcement. He wished everyone a Happy Mother's
Day.
6. CONSENT AGENDA
A motion was made by Councilmember Gregory and seconded by Councilmember
Carnevale to approve the following Consent Agenda items:
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A. Waive Full Reading of Ordinances on Agenda
M.O. 2022-79
B. Minutes Approval
M.O. 2022-80
1. City Council - Study Session - Apr 13, 2022 3:00 PM
2. City Council - Regular Meeting - Apr 13, 2022 5:30 PM
C. Receive and File Payment of Claims and Demands for March 2022
Recommendation: The City Council acting in its capacity for the City, the
Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency and the Cathedral City
Public Finance Authority Board receive and file payment of
claims and demands in the aggregate sum of$11,342,642
for the month of March, 2022.
M.O. 2022-81
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D. Second Reading of Zone Ordinance Amendment No. 22-001
Recommendation: Provide second reading by title only, and adopt an ordinance
amending Section 9.62.070 of the Cathedral City Municipal
Code to prohibit new billboards in the City.
Ord 860
7. ITEMS PULLED FROM CONSENT
8. PUBLIC HEARINGS
9. LEGISLATIVE ACTIONS
A. Waiver of Traffic Signal Contribution for College of the Desert
Roadrunner Motors
Recommendation: Waive the requirement that College of the Desert
Roadrunner Motors participate by paying a share of the cost
of a traffic signal at Margot Murphy Way and East Palm
Canyon Drive.
Terry Applegate expressed her concern with the wavier of the Traffic Signal
Contribution and feels the City should be cautious.
M.O. 2022-82
A motion was made by Councilmember Carnevale and seconded by
Councilmember Gregory to waive the requirement that College of the Desert
Roadrunner Motors participate by paying a share of the cost of a traffic signal at
Margot Murphy Way and East Palm Canyon Drive.
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Bringas Bridge Artwork: Public Art Commission Artist
Recommendations
Recommendation: Authorize the Public Arts Commission to utilize the Art in
Public Places Fund to commission and compensate the
below listed artists in an amount not to exceed $2,000.00
per pilaster for a total project cost not to exceed $57,776.00.
Piper Scott, Public Arts Commissioner, indicated that she would like to see fewer
artists selected so the art works well together like an art gallery.
DeeAnn Hopings, Public Arts Commissioner, explained the process to complete
the project and expressed her concern with keeping up with too many artists.
Danielle Mead expressed her excitement about this item. She mentioned that
photos can be digitalize at local drug stores like CVS. She would also like to see
more artists included.
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M.O. 2022-83
A motion was made to authorize the Public Arts Commission to utilize the Art in
Public Places Fund to commission and compensate artists in the amount not to
exceed $2,000 per pilaster for a total project cost not to exceed $57,776; and
authorize the Public Arts Commission to select the artists to complete draft
artwork for the City Council's consideration and approval.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
C. Contract for Services - SoundSkilz and Fantasy Balloon Flights
Recommendation: Approve two-year contract extensions with Fantasy Balloon
Flights to produce the 2023 and 2024 Cathedral City Hot Air
Balloon Festival and Food Truck Fiesta, with SoundSkilz,
Inc., to produce the 2023 and 2024 Taste of Jalisco Festival
and Cathedral City LGBT Days.
Danielle Mead expressed her concern with focusing on tourism rather than
members of the Community.
M.O. 2022-84
A motion was made by Councilmember Gregory and seconded by
Councilmember Carnevale to approve the following:
A two-year contract extension with Fantasy Balloon Flights to produce the 2023
and 2024 Cathedral City Hot Air Balloon Festival and Food Truck Fiesta
A two-year contract extension with SoundSkilz, Inc., to produce the 2023 and
2024 Taste of Jalisco Festival and Cathedral City LGBT Days at the rate of
$75,000.00 per event.
Reduce the 2022 Snow Fest Event budget in the amount of $20,000.00 and a
budget amendment in the amount of $20,000.00 to cover the $40,000.00
increase for the 2023 Taste of Jalisco Festival and Cathedral City LGBT Days
events.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
D. PACT Team Staffing
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Recommendation: Staff recommends City Council authorize two additional
sworn full-time positions for the Police Department using
funding allocated through the PACT Team Memorandum of
Understanding (MOU).
M.O. 2022-85
A motion was made by Mayor Pro Tern Lamb and seconded by Councilmember
Gregory to authorize two additional sworn full-time positions for the Police
Department using funding allocated through the PACT Team Memorandum of
Understanding (MOU).
RESULT: APPROVED [UNANIMOUS]
MOVER: Rita Lamb, Mayor Pro Tern
SECONDER: Raymond Gregory, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
E. CALBO Dinner Party
Recommendation: Approve Special Use Permit#22-003 allowing CALBO to
utilize the Cathedral City Community Amphitheater for its
annual convention dinner party.
M.O. 2022-86
A motion was made by Councilmember Gregory and seconded by
Councilmember Ross to approve Special Use Permit#22-003 allowing CALBO to
utilize the Cathedral City Community Amphitheater for its annual convention
dinner party on May 11, 2022.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
F. 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 an update on emergency actions
related to COVID-19. He stated that he continues to monitor the data from the
Riverside County Department of Public Health. He indicated that has had one
case among the workforce, which is a reminder that we need to remain vigilant
and take proper precautions. He will continue to update the City Council.
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This item was for information and direction only. There was no formal action
taken by the City Council.
10. DISCUSSION ON FUTURE AGENDA ITEMS
11. CLOSED SESSION
ADJOURN
Mayor Ernesto Gutierrez adjourned the Regular Meeting at 8:56 p.m.
ayor, City of Cathedral City City Clerk, aty of Cathedral City
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