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HomeMy WebLinkAboutCC Minutes 2022-10-12 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, October 12, 2022 2:30 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • CALL TO ORDER The meeting was called to order at 2:30 PM by Mayor Ernesto Gutierrez. • ROLL CALL Attendee Name Title Status Arrived Ernesto Gutierrez Mayor Present 2:30 PM Rita Lamb Mayor Pro Tem Present 2:30 PM Mark Carnevale Councilmember Present 2:30 PM Nancy Ross Councilmember Present 2:30 PM Raymond Gregory Councilmember Present 2:30 PM • AGENDA FINALIZATION There were no changes to the agenda. 1. PUBLIC COMMENT 2. CLOSED SESSION A. Threat to Public Services and Facilities Pursuant to Government Code Section 54957(a). Conference with: Director of Emergency Services, Fire Chief, Police Chief and City Attorney. Brad Anderson expressed his opposition to the Closed Session Item and cautioned the Council to follow the law related to what is allowed to be discussed in Closed Session. The City Council recessed to Closed Session at 2:35 p.m. The City Council reconvened at 3:10 p.m. Eric Vail, City Attorney announced that the City Council met in Closed Session to discuss threat to Public Services and Facilities pursuant to Government Code Section 54957 (a), there was no reportable action taken. Motion by Councilmember Carnevale and seconded by Councilmember Ross to add item 2C. to the Agenda, due to subsequent need, Public Employee Appointment. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory The City Council recessed to Closed Session at 3:15 p.m. to discuss the following items listed on the agenda: B. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: CCPMA - Cathedral City Police Management Association C. Conference with Labor Negotiator Pursuant to Government Code Section 54957(b)(1) Title: Assistant City Manager The City Council reconvened at 4:13 p.m. City Attorney Eric Vail announced that the City Council met in Closed Session to discuss the following: • Conference with Labor Negotiator pursuant to Government Code Section 54956.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: CCPMA - Cathedral City Police Management Association • Conference with Labor Negotiator pursuant to Government Code Section 54957(b)(1) Title: Assistant City Manager There was no reportable action taken. 3. STUDY SESSION A. Presentation Updated Records Retention Schedules Recommendation: This is a presentation only. There is no formal action required. Charles McClendon, City Manager, announced that the City is moving forward with upgrading its records management program and the first step is updating its Records Retention Schedule. The City selected Gladwell Governmental Services, Inc. to assist with this process. He stated that the last time the schedule was updated was in 2015. He introduced Diane Gladwell, who provided Cathedral City Page 2 Printed on 10/19/2022 an overview of the purpose of the Records Retention Schedule, the importance of being in compliance with the law, standard business practices, and was available to answer any questions Council had. He announced that this is a presentation only and the proposed Records Retention Schedule will be brought back to the City Council for consideration at its next meeting. This item was for information and discussion only, there was no formal action taken by the City Council. B. SCAG ATP Grant Update Presentation Recommendation: This item is presented to the City Council for an update on the SCAG ATP Grant for discussion, information and comment. Andrew Lee, Assistant Engineer, provided background on the Active Transportation Plan. He gave an overview of the following: • Active Transportation Plan Approval • Active Transportation Plan Purpose • Active Transportation Plan Completed Work He introduced Catherine Thibault, Project Manager, IBI Group, who will provide an overview of the Cathedral City Active Transportation Plan project. Catherine Thibault, Project Manager provided information on the following points: • Project Overview • Review of Project Objectives • Project Status • Engagement Activities and Results • Key Needs • Project Types • Project Locations • Proposed Signage • Next Steps The City Council provided input and received clarification. This item was for information and discussion only, there was no formal action taken by the City Council. C. Development Impact Fee (DIF) Study October 12, 2022 Study Session Update Recommendation: Harris & Associates Engineering Firm will provide the City Council an overview of the DIF Fee Study process, to-date progress, remaining steps, and an estimated timeline for implementation. Stone James, Economic Development Director, announced that the Harris & Associates Engineering Firm will provide the City Council with an overview of the Development Impact Fee Study process, to-date progress, remaining steps, and an estimated timeline for implementation. He introduced Megan Quinn and Adam Marston, the project team, from Harris & Associates Engineering Firm. Cathedral City Page 3 Printed on 10/19/2022 Megan Quinn, Director, Harris & Associates, provided an overview of the Development Impact Fee Study and covered the following points: • Introduced the Project Team • Development Impact Fees Overview, Methodology, and Process • AB 602 • Progress Update • Proposed Fee Categories • Next Steps • Fee Program Timeline This item was for information and discussion only, there was no formal action taken by the City Council. ADJOURN Mayor Ernesto Gutierrez adjourned the Study Session meeting at 5:36 p.m. Mayor, City of Cathedral City ity Clerk,I i of Cathedral City Cathedral City Page 4 Printed on 10/19/2022 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, October 12, 2022 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 Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE Councilmember Mark Carnevale led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Raymond Gregory offered a moment of reflection. • 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 There were no changes to the agenda. 1. SPECIAL PRESENTATIONS A. Recognition Fire Chief John Muhr The City Council recognized retiring Fire Chief John Muhr and presented him with a certificate of recognition for his service. B. Ofelia Bringas Memorial Bridge Award Presentation John Corella, Director of Engineering and Public Works, presented the "Project and Merit Award for Transportation" awarded to the City for the Ofelia Bringas Memorial Bridge project. 2. PUBLIC COMMENT Paula Wedekind expressed her concern with noise from her neighbor and asked the City Council for help. Martha Vistica expressed her disappointment with the smear campaign against the Mayor. She expressed her concern with a situation she experienced with the Police Department and wanted to file a complaint. 3. COUNCIL REPORTS Councilmember Mark Carnevale reported that he attended the Palm Spring Unified School District State of the District breakfast, the Ofelia Bringas Bridge Dedication Ceremony, the Cathedral City High School Homecoming Parade, and the College of the Desert Candidate Forum. He reported that he attended a tour of the Greenscape Cannabis Cultivation building, which was a beautiful facility. He also reported that he met two gentlemen to discuss ideas for homeless housing, which he plans to discuss with Greg Rodriguez from the County of Riverside. He reported that he spoke with many residents related to their concerns about false alarms, pool permits, homeless, and tee ball. He announced that he will be attending the CVEP Board Retreat followed by the Ribbon Cutting at Monster Shakes. Mayor Pro Tern Lamb wished Fire Chief John Muhr well in his retirement. She congratulated the Engineering Department, the Public Arts Commission, and Sue Townsley for their work on the Ofelia Bringas Memorial Bridge. She recognized Laura Gutierrez, who is the new Outreach Coordinator for the Senior Center. She reported that she attended the Cathedral City High School Homecoming Parade and football game. She reported that she met with Lori Zito from the development team for the new Veterans Village project. She also reported that she attended the Salvation Army's Veteran and Community Expo, Fall Fest, the PSUSD State of the District breakfast, the Mosquito and Vector Control Board meeting, the employee appreciation luncheon, and the League of California Cities Candidate Forum. She gave a shout out to Kevin Lockwood from City Staff, who drove her golf cart in the Cathedral City Homecoming Parade. She announced SunLine has a new SunRide program, which sounds like a great idea. Councilmember Raymond Gregory reported that he attended the Greater Coachella Valley's Mayor and Tribal Chairman Luncheon. He reported that he spoke with many residents as well as a new part-time resident who is new to the City. He reported that he attended the Ofelia Bringas Bridge Dedication Ceremony, the employee appreciation luncheon, the Cathedral City High School Homecoming Parade, Fall Fest, the League of California Cities Candidate Forum, and the East Valley Pride in Coachella. He also reported that he attended the Riverside County Transportation Commission meeting and encourage everyone to support projects to get daily rail service from the Coachella Valley to Los Angeles. Councilmember Nancy Ross reported that she attended the Riverside Division of the Cathedral City Page 2 Printed on 10/20/2022 League of California Cities corn hole tournament event for its elected officials and their families, which was held in Lake Elsinore. She also attended Sammy's Meatball festival benefiting the Boys and Girls Club and took first place in her category. She reported that she has been working with a group as part of the SCAG Housing Policy and Leadership Academy, to develop a policy to change ADUs in the Coachella Valley, which she is very excited to share with other jurisdictions. She stated that she will be learning more about SunLine's new SunRide program this coming month. She reported that she took many meetings with residents and business owners and it is a goal of hers to help however she can. Mayor Ernesto Gutierrez reported that be attended the Greater Coachella Valley Chamber of Commerce All Valley's Mayor and Tribal Chairman Luncheon, the Visit Greater Palms Springs board meeting, the Ofelia Brings Bridge Dedication Ceremony, the employee appreciation luncheon, a Senior Center event in Palm Springs, and the Salvation Army's Veteran and Community Expo. He reported that he took meetings with the City Manager, the City Attorney, and the Police Chief. He commented on some comments he made in the media, which he regrets. He expressed his support for the Police Chief and the Police Department and will continue to support them. He reported that he has contributed donations to their causes and will continue to do so. 4. CONSENT AGENDA A motion was made by Councilmember Ross and seconded by Councilmember Carnevale to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Nancy Ross, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory A. Waive Full Reading of Ordinances on Agenda M.O. 2022-171 B. Minutes Approval M.O. 2022-172 1. City Council - Study Session - Sep 28, 2022 3:00 PM 2. City Council - Regular Meeting - Sep 28, 2022 5:30 PM C. Resolution Adopting Amended Conflict of Interest Code Recommendation: Staff recommends that the City Council approve a Resolution rescinding Resolution 2020-54 and adopting a Conflict-of-interest Code applicable to designated positions by incorporating Regulation 2, California Code of Regulations, Section 8730 - the Standardized Conflict-of- interest Code as well as Appendices in which members and employees are designated and disclosure categories are set forth. Cathedral City Page 3 Printed on 10/20/2022 Reso 2022-49 D. 2022-2023 Office of Traffic Safety STEP Grant PT23016 Recommendation: To accept the California Office of Traffic Safety Selective Traffic Enforcement Program Grant in the amount of $50,000. M.O. 2022-173 5. ITEMS PULLED FROM CONSENT 6. PUBLIC HEARINGS A. Conditional Use Permit No. 21-016 Recommendation: 1. Conduct a public hearing to consider an appeal of the Planning's Commission's denial of Conditional Use Permit No. 21-016 to construct a five pump (10 vehicle fueling positions) fuel station with a 174 square-foot attendant kiosk on a 0.65-acre site within the PCC (Planned Community Commercial) Zoning District and Specific Plan 90-43A; and 2. Affirm, reverse, or modify, in whole or in part, the Planning Commission's decision. City Manager Charles McClendon introduced the item. City Attorney Eric Vail provided guidance for the Public Hearing which will follow an adjudicatory procedure. Mayor Ernesto Gutierrez opened the Public Hearing. Robert Rodriguez, Planning/Building Director, provided an overview of staff's recommendation to hold a public hearing to consider the appeal of the Planning Commissions denial of Conditional Use Permit No. 21-016 to construct a five pump (10 vehicle fueling positions) fuel station with a 174 square-foot attendant kiosk on a 0.65-acre site within the PCC (Planned Community Commercial) Zoning District and Specific Plan 90-43A, and either affirm, reverse, or modify, in whole or in part, the Planning Commission's decision. Robert Bernheimer, Professional Law Corporation, provided a presentation on behalf of the applicant, which addressed the concerns raised by the Planning Commission and the public. He reviewed their revised landscape plan and reviewed the proposed changes on the appeal. The City Council asked technical and informational questions of staff and the applicant. Mayor Ernesto Gutierrez asked for public comments. Maria Zarate expressed her concern with the traffic and the safety of children walking in the area. Fatan lbarra expressed opposition to the proposed project. Cathedral City Page 4 Printed on 10/20/2022 Bill Kneifel expressed support of the proposed project. Samuel (last name unknown) expressed opposition to the proposed project. Brad Anderson expressed opposition to the proposed project. Hani Maksimous expressed opposition to the proposes project. Alibaba Farzaneh expressed support for the proposed project. Benjamin Michael expressed opposition to the proposed project. Vivian Maksimous expressed opposition to the proposed project. Abba Maksimous expressed opposition to the proposed project. Jaime Vargas expressed support of the proposed project. Sean Kelsey Kapbarn, Salvation Army Representative, commented on the support Food 4 Less has provided to his and other organizations. Marisoul Castro expressed support of the proposed project. Irazu Zambrano expressed support of the proposed project. John Snavely expressed support of the proposed project. The City Council recessed at 7:53 p.m. The City Council reconvened at 8:05 p.m. Ralston Hilbor expressed support of the proposed project. Topher Macdonald expressed opposition of the proposed project. Michael DeMarco expressed opposition of the proposed project. Adrian Mojica expressed opposition of the proposed project. Maria Montez expressed opposition of the proposed project. Rene Montez expressed opposition of the proposed project. Bryan Stuart expressed support of the proposed project. Melinda Gonzalez expressed opposition of the proposed project. Fernando Olvera Briserio expressed opposition of the proposed project. Cathedral City Page 5 Printed on 10/20/2022 Robert Bernheimer, Professional Law Corporation, provided a rebuttal to questions and concerns raised. Mayor Ernesto Gutierrez closed the Public Hearing and returned discussion to the City Council. Councilmember Mark Carnevale expressed his support of the proposed project. Mayor Ernesto Gutierrez expressed his support of the proposed project. Councilmember Raymond Gregory expressed his support of the proposed project. Councilmember Nancy Ross expressed her support of the proposed project. M.O. 2022-174 A Motion was made by Councilmember Carnevale seconded by Councilmember Gregory to reverse the Planning Commission's decision to deny Conditional Use Permit No. 21-016 and approve Conditional Use Permit No. 21-016 to construct a five pump (10 vehicle fueling positions) fuel station with a 174 square-foot attendant kiosk on a 0.65-acre site within the PCC (Planned Community Commercial) Zoning District and Specific Plan 90-43A subject to the following additional Conditions of Approval to protect the health, safety and general welfare of the neighborhood and community agreed to by the applicant : 3.34 - During construction, the contractor shall ensure that all construction equipment is equipped with appropriate noise attenuating devices which reduce the level of heavy equipment by 10 dB. 3.35 - The contractor shall locate equipment staging areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction. 3.36 - Idling equipment shall be turned off when not in use. 3.37 - Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. 3.38 - All vending machines, including but not limited to, ice, propane and outdoor storage or display of merchandise shall be prohibited. 3.39 — A landscape lighting plan shall be submitted to the Planning Department for review and approval prior to building permit issuance. The City Council's approval of the Project is also subject to the following Applicant presented modifications to the Project as additional Conditions of Approval of the Project subject to approval by the City Engineer and/or the Director of Planning, as appropriate: Cathedral City Page 6 Printed on 10/20/2022 1. Increase the height of the proposed slump wall between the easterly portion of the Project site and Eagle Canyon Drive from six feet to seven feet (requires an administrative variance). 2. Enhance landscaping along the eastern side of the proposed slump wall abutting Eagle Canyon Drive with 3"-6" fractured rock and weed block. 3. Replace existing stop signs at the intersection of Victoria Drive and Eagle Canyon Drive with flashing versions. 4. Install a new, flashing speed limit sign for eastbound traffic on Victoria Drive between Date Palm Drive and Eagle Canyon Drive. 5. Install a new "right turn" exit sign directing egress traffic towards Date Palm Drive and away from Eagle Canyon Drive. 6. Enhance the striping of existing crosswalks on Victoria Avenue at Date Palm Drive and Eagle Canyon Drive. 7. Conduct regular security patrols of the Project site after hours. RESULT: APPROVED [4 TO 1] MOVER: Mark Carnevale, Councilmember SECONDER: Raymond Gregory, Councilmember AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory NAYS: Rita Lamb 7. LEGISLATIVE ACTIONS A. Sign Toppers for Ocotillo Square Neighborhood Recommendation: Approve the installation of 21 sign toppers in the Ocotillo Square neighborhood at a total cost of$5,455 to be paid from Council district improvement funds and authorize the waiver of the sign topper application fee and staff report preparation fee. M.O. 2022-175 A motion was made by Councilmember Ross and seconded by Mayor Pro Tem Lamb to the installation of 21 sign toppers in the Ocotillo Square neighborhood at a total cost of$5,455 to be paid from Council district improvement funds (District 2) and authorize the waiver of the sign topper application fee and staff report preparation fee. Cathedral City Page 7 Printed on 10/20/2022 RESULT: APPROVED [UNANIMOUS] MOVER: Nancy Ross, Councilmember SECONDER: Rita Lamb, Mayor Pro Tem AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory B. Contract for Facilities Services and Master Plan Recommendation: Approve a multi-year contract for Facilities Services in an amount not to exceed $247,000 with MAAS Companies Inc resulting in a General Fund budget amendment in FY 2022- 2023 of$75,000. The remaining to be incorporated during the biennial budget process for FY 2024/2025. M.O. 2022-176 A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve a multi-year contract for Facilities Services in an amount not to exceed $247,000 with MAAS Companies Inc resulting in a General Fund budget amendment in FY 2022-2023 of $75,000. The remaining to be incorporated during the biennial budget process for FY 2024/2025. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory C. 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 emergencies actions related to COVID-19. He did not recommend the City Council take any action at this time. 8. DISCUSSION ON FUTURE AGENDA ITEMS There was no discussion on future agenda items. 9. CLOSED SESSION Cathedral City Page 8 Printed on 10/20/2022 ADJOURN Mayor Ernesto Gutierrez adjourned the Regular Meeting at 10:00 p.m. _� , _L l'. /A iAM. A'\i . A A(1 Mayor, City of Cathedral City City Clerk, Iity •f Cathedral City Cathedral City Page 9 Printed on 10/20/2022