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HomeMy WebLinkAboutCC Minutes 2023-06-28 111 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, June 28, 2023 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 Rita Lamb. • ROLL CALL Attendee Name Title Status Arrived Rita Lamb Mayor Present 2:30 PM Mark Carnevale Mayor Pro Tem Present 2:30 PM Nancy Ross Councilmember Present 2:30 PM Raymond Gregory Councilmember Present 2:30 PM Ernesto Gutierrez Councilmember Present 2:30 PM • AGENDA FINALIZATION There were no changes to the agenda. 1. PUBLIC COMMENT There were no members of the public that wished to speak. 2. CLOSED SESSION City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the following items listed on the agenda. A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: Cathedral City Professional Firefighters Association (CCPFA) and Cathedral City Firefighters Management Association (CCFMA) B. Conference with Legal Counsel - Anticipated Litigation Pursuant to Paragraph (2) of Government Code § 54956.9 Anticipated Litigation: One (1) Case C. Conference with Legal Counsel - Anticipated Litigation Pursuant to Paragraph (1) of Government Code § 54956.9 Initiation of Litigation: One (1) Case The City Council recessed to Closed Session at 2:35 p.m. The City Council reconvened at 3:57 p.m. City Attorney Eric Vail announced that the City Council met in Closed Session to discuss item 2A. Conference with Labor Negotiator, Cathedral City Professional Firefighters Association and Cathedral City Firefighters Management Association, item 2B. Conference with Legal Counsel for one case of anticipated litigation, and item 2C. Conference with Legal Counsel for one case of anticipated litigation. Direction was given with no reportable action taken. 3. STUDY SESSION A. City User and Regulatory Fees Update Recommendation: This item is presented for information, discussion and direction only. Kevin Biersack, Financial Services Director, provided an update on city user and regulatory fees, which included a service study, examples of fees, exclusions, inflationary adjustments, multi-year phase in approach, new fees and refinements, and potential impact fees. This item was for information and direction only, there was no formal action taken by the City Council. B. AB 1600 Fee Justification Nexus Study Recommendation: This agenda item is for review and discussion. Stone James, Economic Development Director, introduced the item and Megan Harrison, Consultant from Harrison and Associates. Megan Harris, Harrison and Associates, provided a presentation on the Development Impact Fee Program which included an overview of the project team, AB 602, Nexus study updates and history, proposed development fees, fee comparisons, policy decisions, and fee program timeline. James Brown yard, Desert Valley Builders Association (DVBA), expressed the concerns DVBA has with the proposed development impact fee program. The City Council provided feedback and asked clarifying questions, which were responded to by Ms. Harris and staff. This item was for information and direction only, there was no formal action taken by the City Council. Cathedral City Page 2 Printed on 8/01/2023 C. Parks Application for Field Facilities Long Term Use Update Recommendation: This item is presented for information, discussion and direction only. John Corella, Director of Engineering and Public Works, presented a draft Parks Application for Facilities Long Term Use, which included an overview on the background, park amenities, expanded budget, requests from various organizations, reservation process, other agencies reservation process, and its relation to the Strategic Plan. The City Council provided their feedback and asked clarifying questions, which were responded to by staff This item was for information and direction only, there was no formal action taken by the City Council. ADJOURN Mayor Rita Lamb adjourned the Study Session meeting at 5:21 p.m. L Mayor, City of Cathedral City City Clerk,J2i yl df Cathedral City Cathedral City Page 3 Printed on 8/01/2023 AilCITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, June 28, 2023 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 Rita Lamb. • PLEDGE OF ALLEGIANCE Councilmember Nancy Ross led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Raymond Gregory offered a moment of reflection. • ROLL CALL Attendee Name Title Status Arrived Rita Lamb Mayor Present 5:30 PM Mark Carnevale Mayor Pro Tern Present 5:30 PM Nancy Ross Councilmember Present 5:30 PM Raymond Gregory Councilmember Present 5:30 PM Ernesto Gutierrez Councilmember Present 5:30 PM • AGENDA FINALIZATION There were no changes to the agenda. 1. PUBLIC COMMENT Scott Sear, Desert Recreation District Public Information Officer, formally introduced himself to the City Council. Sebastian Bails, expressed his concern with the current conditions of roads in his neighborhood and the damage it has caused to his vehicles. 2. COUNCIL REPORTS Councilmember Ernesto Gutierrez reported on the following: • He wished all fathers a happy Father's Day • His attendance at the funeral of a local business owner • His meeting with City Manager McClendon and Assistant City Manager Ambrose • His interaction with developers • The complaints he has received from residents related to illegal food vendors, GoRequest App, illegal vehicles, and speeding • His attendance at the Coachella Valley Association of Governments General Assembly meeting • His attendance at the funeral for Zoila Orlett, wife of Frank Orlett, Burrtec President • A local business owner who passed away recently • The upcoming 4th of July holiday and the laws associated with it • He announced that the Council will be going dark for the month of July Councilmember Nancy Ross reported on the following: • The Golden State Manufactured-Home Owners League • How she celebrated Father's Day and Juneteenth • Her attendance at the "Dinner with Patsi"fundraiser • Her attendance at various outside meetings and meetings with staff • Her meeting with staff from Assemblymember Wallis'office • The subcommittee meeting with PAC Commissioners • The newly appointed Commissioners on various Commissions • She hopes everyone has a great month of July and August Mayor Pro Tem Mark Carnevale reported on the following: • His meeting with City Manager McClendon • His meeting related to Snow Fest • His attendance at the funeral for Zoila Orlett, wife of Frank Orlett, Burrtec President • His tour of Century Park, which looks great Councilmember Raymond Gregory reported on the following: • His participation in interviews for vacant seats on Commissions • His celebration of the Juneteenth Holiday • His attendance at the "Do the Right Thing"presentation • His attendance at the League of CA Cities Governance Transparency and Labor Relation Board meeting • His attendance at the Democrats of the Desert meeting • His attendance at the Big Gay BBQ fundraiser for Palm Springs Pride • His attendance at the Coachella Valley Associations of Governments General Assembly meeting • The upcoming Greater Coachella Valley Chamber of Commerce Installation Event • He wished everyone a happy and safe 4th of July • The upcoming City Council meeting, which will be held on Wednesday, August 9, 2023 Cathedral City Page 2 Printed on 8/02/2023 Mayor Rita Lamb reported on the following: • She recognized the recipients of the Greater Coachella Valley Chamber of Commerce awards • The upcoming Safety Community meeting • The Kids Free Movies Series, which is sponsored by the Parks and Community Events Commission and Mary Pickford Theater • The second session of the Summer Swim Program, which is July 10 - August 4th • Her attendance at the Coachella Valley Associations of Governments General Assembly meeting • Her attendance at a Southern California Real Estate Conference • Her tour of the Salvation Army's Home Depot 360 • Her participation in a zoom meeting hosted by Supervisor Karen Spiegel • Her attendance at the FIND Food Bank and Amazon partnership event • Her upcoming opportunity to throw out the first pitch at a Power Baseball game • She acknowledged the Firebirds team and organization • The Life Stream's 9 Cities Blood Drive • The concerns she received from residents • She wished everyone a happy 4th of July • Her attendance at the funeral for Zoila Orlett, wife of Frank Orlett, Burrtec President 3. CONSENT AGENDA A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez A. Waive Full Reading of Ordinances on Agenda M.O. 2023-91 B. Minutes Approval M.O. 2023-92 1. City Council - Study Session - Jun 14, 2023 3:00 PM 2. City Council - Regular Meeting - Jun 14, 2023 5:30 PM C. Receive and File Payment of Claims and Demands for May 2023 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 $5,823,523.94 for the month of May 2023. Cathedral City Page 3 Printed on 8/02/2023 M.O. 2023-93 D. Notice of Completion for the Ofelia Bringas Memorial Bridge (aka Cathedral Canyon Bridge over Whitewater River) Project (CIP 8919) Recommendation: To accept and approve the Ofelia Bringas Memorial Bridge (aka Cathedral Canyon Bridge over Whitewater River) Project (C08919) as final; and authorize the City Manager to execute and file a Notice of Completion with the Riverside County Recorder's office on behalf of the City Council; and authorize the release of retention funds to Ames Construction Inc. upon expiration of the Notice of Completion. M.O. 2023-94 E. Vehicle Tow Service Franchise Ordinance Recommendation: To conduct second reading and adopt an Ordinance adding Chapter 12.78 to the Cathedral City Municipal Code. (Attachment 1) Eric Vail, City Attorney, announced that there is a correction to the proposed ordinance which omits section 12.7810 in its entirety. Ord 869 F. Second Reading of an Ordinance Amendment - Renewal of Inactive Cannabis Dispensary Licenses Recommendation: To provide second reading, by title only, and adopt an ordinance amending Sections 5.88.040 and 5.88.055 of the Cathedral City Municipal Code related to Cannabis Business License expiration and renewals. Ord 870 G. Ratify Nominations by Councilmembers for Commission/Committee Seats and Appoint Individuals to Serve a Three-year Term to Expire June 30, 2026. Recommendation: To ratify the following nominations and appoint each individual to serve a three-year term continuing through June 30, 2026: Planning Commission: Nomination by Councilmember Nancy Ross to reappoint Rich Malacoff Nomination by Mayor Pro Tem Mark Carnevale to reappoint Skye Daley Architectural Review Committee: Nomination by Mayor Pro Tem Mark Carnevale to reappoint Stephen Burchard Historic Preservation Committee: Cathedral City Page 4 Printed on 8/02/2023 Nomination by Councilmember Nancy Ross to reappoint Baudilio Corrales Parks and Community Events Commission: Nomination by Mayor Pro Tem Mark Carnevale to reappoint Angel Herrera Public Arts Commission: Nomination by Councilmember Ernesto Gutierrez to appoint Leonard Rick Travis Nomination by Councilmember Raymond Gregory to reappoint Craig Liebelt M.O. 2023-95 H. Coachella Valley Conservation Commission Trails Management Sub- Committee Appointment Recommendation. To appoint Erin Hyland, Parks and Community Events Commission, to represent Cathedral City on the Coachella Valley Conservation Commission Trails Management Sub- Committee M.O. 2023-96 Auto Center Digital Reader Board Replacement and City Advertising Request Recommendation: To approve funding 75% of the acquisition and installation costs, not-to-exceed $359,074, in order to replace five electronic reader boards within the Cathedral City Auto Center; and approve an amendment to the Economic Development Community Assistance budget (100-100-130- 135-8650-8658) in the amount of$359,074 to allow for this expenditure. M.O. 2023-97 J. Update City Council Policy Manual Recommendation: Staff recommends the City Council approve updates to the City Council Policy Manual, updating the Mission, Values, and Vision Statement and Section 2.07.060 Council Travel Policy. M.O. 2023-98 K. Approval of Grant Expenditure SLESA FY 2020-2021 Recommendation: To approve the Expenditure Plan appropriating Supplemental Law Enforcement Services Account (SLESA) funds from FY 2021-2022 for motor officer equipment and police motorcycle radio equipment. M.O. 2023-99 L. Award Contract to DBX Inc. for the Landau Boulevard/McCallum Way Intersection Improvements Cathedral City Page 5 Printed on 8/02/2023 Recommendation: To award a construction contract to DBX Inc., in the amount of $1,021,888.50 for the Landau Boulevard/McCallum Way Intersection Improvements Project (C08662) and approve a fifteen percent (15%) contingency in the amount of $153,283.28 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $1,175,171.78; and approve a budget adjustment to the FY 2023-2024 CIP Plan by allocating prior years Senate Bill 1 (RMRA/SB-1) funds in the amount of $485,000.00; and authorize the City Manager to execute the required contract documents; and authorize the City Engineer to request bonds and insurance for the Project and issue the Notice to Proceed. M.O. 2023-100 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS A. 2023/2024 Annual Rate Increase Request for Solid Waste and Recycling Collection for Residential, Commercial and Roll Off Services Recommendation: To approve a 2023/2024 tax year rate increase for the collection, recycling, and disposal of municipal solid waste on Commercial, Residential, and Roll-Off Services; and approve a Resolution approving tax roll billing for Residential Services. Deanna Pressgrove, Environmental Conservation and Public Works Manager, provided a presentation on the annual rate increase for solid waste and recycling collection for residential, commercial and roll off services. Councilmember Gregory expressed his concern with the roll out of the new program and feels that Burrtec could have done a better job. Mayor Rita Lamb opened the Public Hearing for public comments. Chip Yarborough, expressed his concern with the roll out of the new program and hopes that the City will consider going out for a competitive bid for something like this in the future. Mayor Lamb closed the Public Hearing and returned discussion to the City Council. Reso 2023-20 A motion was made by Councilmember Gutierrez and seconded by Councilmember Ross to approve the To 2023/2024 tax year rate increase for the collection, recycling, and disposal of municipal solid waste on Commercial, Residential, and Roll-Off Services; and approve a Resolution approving tax roll billing for Residential Services. Cathedral City Page 6 Printed on 8/02/2023 RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez B. Readoption of 2021-2029 Housing Element (General Plan Amendment No. 20-001) Recommendation: To approve a Resolution re-adopting the 2021-2029 Housing Element (General Plan Amendment No. 20-001). Robert Rodriguez, Development Services Director, provided a presentation on the proposed readoption of the 2021-2029 Housing Element, General Plan Amendment No. 20-001. Mayor Rita Lamb opened the Public Hearing for public comments. Seeing none, she closed the Public Hearing and returned discussion to the City Council. Reso 2023-21 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to approve a Resolution re-adopting the 2021-2029 Housing Element (General Plan Amendment No. 20-001). RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Mayor Pro Tem AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez C. CFD 2006-1, IA #19, Formation, Election and Ordinance Public Hearing Recommendation: City Council of the City of Cathedral City, acting on behalf of Improvement Area (IA) No. 19 of the City of Cathedral City Community Facilities District (CFD) 2006-1 (law enforcement, police, paramedic, park and general maintenance services), adopt the following: • Resolution of Formation determining the validity of prior proceedings (Resolution 2023-07, Resolution of Intention) • Resolution Calling for a Special Election • Resolution Canvassing the Results of the Special Election • Introduce the 1st reading of an Ordinance Authorizing the Levy of a Special Tax Kevin Biersack, Financial Services Director, provided an overview of CFD 2006-1 Improvement Area No. 19. Cathedral City Page 7 Printed on 8/02/2023 Mayor Rita Lamb opened the Public Hearing for the proposed formation of Improvement Area No.19 of the City of Cathedral City Community Facilities District No. 2006-1. City Clerk Tracey Hermosillo 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. Mayor Lamb questioned if there were any members of the public that wished to speak on this item. There were no members of the public that wished to comment. Mayor Lamb questioned if there were any property owners subject to the proposed special tax wishing to file a written protest, if so, they must file with the City Clerk at this time. Seeing none, she closed the Public Hearing and returned discussion to the City Council. Reso 2023-22 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to adopt a Resolution of the City Council of the City of Cathedral City determining the validity of prior proceedings, establishing Improvement Area No. 19 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance Services). RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez Reso 2023-23 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to adopt a Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 19 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance Services) calling for a Special Election. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Mayor Pro Tem AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez Reso 2023-24 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to adopt a Resolution of the City Council of the City of Cathedral City Cathedral City Page 8 Printed on 8/02/2023 acting on behalf of Improvement Area No. 19 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance Services) canvassing the results of the Special Election held within said District. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Mayor Pro Tem AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez Mayor Rita Lamb directed the City Clerk to tabulate the ballot and announcement if two-thirds of the ballots cast are in favor of levying that tax. City Clerk Tracey Hermosillo announced that two-thirds of the votes cast are in favor of levying that tax. M.O. 2023-101 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to introduce, wave reading beyond 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. 19 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance Services) authorizing the levy of a Special Tax. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Mayor Pro Tem AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez D. Historic Preservation Application for Agnes Pelton Home and Studio Recommendation: To continue the item to a date uncertain. City Manager Charles McClendon announced that this application was reviewed by the Historic Preservation Committee on June 20, 2023, and was continued to a future date. Staff recommends that the Mayor open the Public Hearing and receive comments this evening and continue the Public Hearing to a date uncertain allowing the Historic Preservation Committee to hear the item and make their recommendation for Council's consideration at a future meeting. Mayor Rita Lamb opened the Public Hearing for public comments, seeing none, she closed the Public Hearing and returned discussion to the City Council. M.O. 2023-102 A motion was made by Councilmember Gregory and seconded by Councilmember Ross to continue the Public Hearing to a date uncertain. Cathedral City Page 9 Printed on 8/02/2023 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez 6. LEGISLATIVE ACTIONS A. Ratify the Nomination by Councilmember Ernesto Gutierrez to appoint John Rivera to serve an additional three-year term on the Architectural Review Committee Recommendation: Ratify the Nomination of John Rivera, by Councilmember Ernesto Gutierrez, to serve on the Architectural Review Committee for an additional three-year term continuing through June 30, 2026. M.O. 2023-103 A motion was made by Councilmember Gregory and seconded by Mayor Lamb to ratify the Nomination of John Rivera, by Councilmember Ernesto Gutierrez, to serve on the Architectural Review Committee for an additional three-year term continuing through June 30, 2026. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez B. 2023 Student Creative Recycling Art Program (S.C.R.A.P.) Gallery Update and Agreement Approval Recommendation: To approve an Agreement with the Student Creative Recycling Art Program (S.C.R.A.P.) in an amount not to exceed $90,000 annually, to provide support on recycling, reuse and waste reduction programs. M.O. 2023-104 A motion was made by Councilmember Ross and seconded by Mayor Lamb to approve an Agreement with the Student Creative Recycling Art Program (S.C.R.A.P.) in an amount not to exceed $90,000 annually, to provide support on recycling, reuse and waste reduction programs. RESULT: APPROVED [UNANIMOUS] MOVER: Nancy Ross, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez The City Council recessed at 7:11 p.m. The City Council reconvened at 7:20 p.m. Cathedral City Page 10 Printed on 8/02/2023 C. Approve Agreement with Park Consulting Group for EnerGov Implementation Recommendation: Staff recommends the City Council approve the agreement with Park Consulting Group, authorize the City Manager to execute all necessary documents and approve a budget amendment of $177,310. M.O. 2023-105 A motion was made by Councilmember Gregory and seconded by Mayor Lamb to approve an agreement with Park Consulting Group for EnerGov implementation and authorize the City Manager to execute all necessary documents and approve a budget amendment of$177,310. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez D. Approval of a License Agreement with Palm Springs Unified School District (PSUSD) for Construction Staging for the PSUSD Landau Elementary School Modernization Project Recommendation: To approve a four-year License Agreement with Palm Springs Unified School District (PSUSD) for Temporary Construction Access and Construction Staging on City- owned property for the PSUSD Landau Elementary School Modernization Project with an annual license fee of$46,040 for a total amount of $184,160; and authorize the City Manager to execute the Agreement. Mike Vermase questioned what will be required of PSUSD during the process related to the disturbance of the area. M.O. 2023-106 A motion was made by Councilmember Gregory and seconded by Mayor Lamb to approve a four-year License Agreement with Palm Springs Unified School District (PSUSD) for Temporary Construction Access and Construction Staging on City-owned property for the PSUSD Landau Elementary School Modernization Project with an annual license fee of$46,040 for a total amount of $184,160; and authorize the City Manager to execute the Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez E. Award a Contract to Granite Construction Company for the Date Palm Drive Pavement Rehabilitation Project, CIP 8840 Cathedral City Page 11 Printed on 8/02/2023 Recommendation: To award a construction contract to Granite Construction Company, in the amount of $4,668,436 for the construction of Date Palm Drive Pavement Rehabilitation Project and approve a 8 percent (8%) contingency in the amount of $401,564.00 for any unforeseeable construction costs that may be incurred, thereby, bringing the total construction budget for this Project to $5,070,000.00; and approve the allocations of available FY 2023/2024 Tribal Transportation Program (TTP) Funds from the Agua Caliente Band of Cahuilla Indians (ACBCI) in the amount of $5,000,000; available FY 2023/2024 Cal-Recycle Grant Funds in the amount of $70,000 for the construction of the Project; and, authorize the City Manager to execute the required contract documents (attached); and, to authorize the City Engineer to request bonds and insurance for the Project and to issue the Notice to Proceed. James Morales provided a background of his expertise and expressed his concerns with this project. He urged the City to confirm that the design of the pavement is sound. M.O. 2023-107 A motion was made by Councilmember Gutierrez and seconded by Mayor Lamb to award a construction contract to Granite Construction Company, in the amount of $4,668,436 for the construction of Date Palm Drive Pavement Rehabilitation Project and approve a 8 percent (8%) contingency in the amount of$401,564.00 for any unforeseeable construction costs that may be incurred, thereby, bringing the total construction budget for this Project to $5,070,000.00; and approve the allocations of available FY 2023/2024 Tribal Transportation Program (TTP) Funds from the Agua Caliente Band of Cahuilla Indians (ACBCI) in the amount of $5,000,000; available FY 2023/2024 Cal-Recycle Grant Funds in the amount of $70,000 for the construction of the Project; and, authorize the City Manager to execute the required contract documents; and authorize the City Engineer to request bonds and insurance for the Project and issue the Notice to Proceed. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez F. Award Contract to Granite Construction Company for City-Wide Repaving Projects Recommendation: For the City Council to: (i) Award a construction contract to Granite Construction Company, in the amount of $970,221.00 for the construction of the East Palm Canyon Drive Pavement Rehabilitation Project (C08669), Da Vall Street Improvements (C08665), San Eljay Pavement Rehabilitation (C08667), and the Public Alley Reconstruction Project (C08670); and Cathedral City Page 12 Printed on 8/02/2023 (ii) Approve a contingency in the amount of $97,022.10 for any unforeseeable construction costs; thereby, bringing the total construction budget for these Projects to $1,067,243.10; and (iii) Approve the allocation of available FY 2023-2024 CIP Unidentified General Funds (MOE) from account 100-100- 150-156-8800-8802 in the amount of$147,282.50 for the construction of the Da Vail Street Improvements (C08665) and Public Alley Reconstruction Projects; and (iv) Approve the allocation of available Measure A Funds from account 243-100-150-156-8800-8802 for the construction of East Palm Canyon Pavement Rehabilitation (C08669) and Da Vail Street Improvements (C08665) in the amount of $541 ,829.00; and (v) Approved the allocation of available Assessment District 86-5 Funds from account 344-100-150-156-8800- 8802 for the construction of San Eljay Pavement Rehabilitation (C08667) in the amount of $378,131.60; and (vi) Authorize the City Manager to execute the required contract documents; and authorize the City Engineer to request bonds and insurance for the Project and issue the Notice to Proceed. Councilmember Gutierrez recused himself from the discussion of this item. Chip Yarborough expressed his concern with a specific portion of this project and questioned a potential conflict of interest. A motion was made by Councilmember Gregory to award a construction contract to Granite Construction Company as recommended by staff with the removal of (C08670) the Public Alley Reconstruction Projects. Motion died due to lack of a second. M.O. 2023-108 A motion was made by Councilmember Ross and seconded by Mayor Pro Tern Carnevale to: (i) Award a construction contract to Granite Construction Company, in the amount of $970,221.00 for the construction of the East Palm Canyon Drive Pavement Rehabilitation Project (C08669), Da Vail Street Improvements (C08665), San Eljay Pavement Rehabilitation (C08667), and the Public Alley Reconstruction Project (C08670); and (ii) Approve a contingency in the amount of $97,022.10 for any unforeseeable construction costs; thereby, bringing the total construction budget for these Projects to $1,067,243.10; and (iii) Approve the allocation of available FY 2023-2024 CIP Unidentified General Funds (MOE) from account 100-100-150-156-8800-8802 in the amount of Cathedral City Page 13 Printed on 8/02/2023 $147,282.50 for the construction of the Da Vall Street Improvements (C08665) and Public Alley Reconstruction Projects; and (iv) Approve the allocation of available Measure A Funds from account 243- 100-150-156-8800-8802 for the construction of East Palm Canyon Pavement Rehabilitation (C08669) and Da Vall Street Improvements (C08665) in the amount of$541,829.00; and (v) Approved the allocation of available Assessment District 86-5 Funds from account 344-100-150-156-8800-8802 for the construction of San Eljay Pavement Rehabilitation (C08667) in the amount of$378,131.60; and (vi) Authorize the City Manager to execute the required contract documents; and authorize the City Engineer to request bonds and insurance for the Project and issue the Notice to Proceed. RESULT: APPROVED [3 TO 1] MOVER: Nancy Ross, Councilmember SECONDER: Mark Carnevale, Mayor Pro Tern AYES: Rita Lamb, Mark Carnevale, Nancy Ross NAYS: Raymond Gregory RECUSED: Ernesto Gutierrez Councilmember Gutierrez rejoined the meeting. G. Consulting Agreement for Christiansen and Co. for Engineering Land Development Management Support Recommendation: To approve a Professional Services Agreement with Christiansen & Company to provide Land Development Engineering Support Management Consulting Services for the not to exceed total of $93,000; and authorize the City Manager to execute the Agreement. M.O. 2023-109 A motion was made by Councilmember Ross and seconded by Mayor Lamb to approve a Professional Services Agreement with Christiansen & Company to provide Land Development Engineering Support Management Consulting Services for the not to exceed total of $93,000; and authorize the City Manager to execute the Agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Nancy Ross, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez H. Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) Amendment No. 1 for the Improvement of Date Palm Drive between 1-10 and Varner Road and Approval of an Cathedral City Page 14 Printed on 8/02/2023 Agreement with MSA Consulting, Inc. to complete the Design of the Improvements Recommendation: To Approve Amendment No. 1 to the Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) for the Improvement of Date Palm Drive between Interstate 10 and Varner Road, adding $688,000 to the overall Project cost, with the City's share for this Amendment No. 1 as $172,000 and CVAG's share as $516,000; and authorize the Mayor and City Manager to execute the Agreement; and approve an Agreement for Design and Professional Services with MSA Consulting, Inc. to complete the design of the Date Palm Drive between Interstate 10 and Varner Road in the amount of $688,000 and authorize the Director of Public Works to execute the Agreement; and amend the FY 2023/2024 and 2024/2025 CIP Plan to reflect the CVAG and City commitments. M.O. 2023-110 A motion was made by Councilmember Gregory and seconded by Mayor Lamb to approve Amendment No. 1 to the Reimbursement Agreement with the Coachella Valley Association of Governments (CVAG) for the Improvement of Date Palm Drive between Interstate 10 and Varner Road, adding $688,000 to the overall Project cost, with the City's share for this Amendment No. 1 as $172,000 and CVAG's share as $516,000; and authorize the Mayor and City Manager to execute the Agreement; and approve an Agreement for Design and Professional Services with MSA Consulting, Inc. to complete the design of the Date Palm Drive between Interstate 10 and Varner Road in the amount of $688,000 and authorize the Director of Public Works to execute the Agreement; and amend the FY 2023/2024 and 2024/2025 CIP Plan to reflect the commitments of CVAG and the City. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez 2023 Updates and Proposed Revisions to the Cathedral City WaterSmart Landscapes Grant Program Recommendation: To approve the updated and proposed revisions to the City's WaterSmart Landscapes Grant Program (Program), including increases to Program rebates for individual properties up to $1,000 and adding Homeowners Associations (HOAs) into the Program with rebates up to $20,000, with herein detailed parameters for the Program; and, direct Staff to amend the Program grant application materials to reflect said revisions and send out notifications to property owners and HOAs within the City regarding changes to the Program. Cathedral City Page 15 Printed on 8/02/2023 M.O. 2023-111 A motion was made by Councilmember Ross and seconded by Councilmember Gregory to approve the updated and proposed revisions to the City's WaterSmart Landscapes Grant Program (Program), including increases to Program rebates for individual properties up to $1,000 and adding Homeowners Associations (HOAs) into the Program with rebates up to $20,000, with herein detailed parameters for the Program; and, direct Staff to amend the Program grant application materials to reflect said revisions and send out notifications to property owners and HOAs within the City regarding changes to the Program. RESULT: APPROVED [UNANIMOUS] MOVER: Nancy Ross, Councilmember SECONDER: Raymond Gregory, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez J. Fiscal Year (FY) 2023/2024 General Fund Community Assistance Grant Program Recommendation: Staff recommends that the City Council appoint an Ad Hoc subcommittee to review grant applications. M.O. 2023-112 A motion was made by Councilmember Gregory and seconded by Mayor Lamb to appoint Councilmember Gregory and Councilmember Ross to an Ad Hoc subcommittee to review grant applications for the FY 2023/2024 General Fund Community Assistance Grant Program. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez 7. DISCUSSION ON FUTURE AGENDA ITEMS 8. CLOSED SESSION ADJOURN Mayor Lamb adjourned the Regular Meeting at 9:35 p.m. Mayo , ity of Cathe ral City City Cle i y of Cathedral ity Cathedral City Page 16 Printed on 8/02/2023