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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 Cathedral City Page 2 Printed on 5/05/2022 • 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. Cathedral City Page 3 Printed on 5/052022 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. Cathedral City Page 4 Printed on 5/05/2022 Mayor, City of athe ral CCity City Clerk, ty of Cathedral City Cathedral City Page 5 Printed on 5/052022 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 Cathedral City Page 2 Printed on 5/05/2022 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 Cathedral City Page 3 Printed on 5/05/2022 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 Cathedral City Page 4 Printed on 5/05/2022 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. Cathedral City Page 5 Printed on 5/05/2022 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 Cathedral City Page 6 Printed on 5/05/2022 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. Cathedral City Page 7 Printed on 5/05/2022 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 Cathedral City Page 8 Printed on 5/05/2022