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Home My WebLink AboutCC Minutes 2023-08-09 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, August 9, 2023 3:00 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • CALL TO ORDER The meeting was called to order at 3:01 PM by Mayor Rita Lamb. • ROLL CALL Attendee Name Title Status Arrived Rita Lamb Mayor Present 3:00 PM Mark Carnevale Mayor Pro Tem Present 3:00 PM Nancy Ross Councilmember Present 3:00 PM Raymond Gregory Councilmember Present 3:00 PM Ernesto Gutierrez Councilmember Present 3:00 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 City Attorney Eric Vail announced that the City Council met in Closed Session to discuss items 2A. Conference with Labor Negotiator, Charles McClendon, Cathedral City Professional Firefighters Association (CCPFA) and Cathedral City Firefighters Management Association (CCFMA), and 2B. Conference with Legal Counsel for one case of anticipated litigation. There was no reportable action taken. 3. STUDY SESSION A. AB 1600 Fee Justification Nexus Study Recommendation: This agenda item is for review and discussion. Stone James, Director of Economic Development, provided an overview of the AB 1600 Fee Justification Nexus Study and the following three options for Council's review and discussion: • Option One- Adopt the fees as proposed in the Nexus Study beginning January 1, 2024 • Option Two- Adopt the fees over a two-year phase in period beginning January 1, 2024, and reaching 100% fee adoption by January 1, 2026 • Option Two (b)- Mirror the User Fee 85%, 92.5%, and 100% adoption schedule, beginning January 1, 2024 and reach 100% fee adoption by January 1, 2026 • Option Three- Adopt the fees over a three-year phase in period beginning January 1, 2024, and reaching 100% fee adoption by January 1, 2027 Gretchen Gutierrez, Desert Valley Builders Association (DVBA), indicated that the DVBA has been engaged with staff related to the proposed increase in fees. She stated that they are not opposed to the increase in fees, however, they do have some concerns with a few of the proposed fees that they would like to put into writing in order to have appropriate dialogue. She noted the following three items that they would like to have further discussion on: • Administrative services fee • Fees related to parks • Transportation facilities She also indicated that they will have a comment related to the implementation schedule at a later date. The City Council provided their feedback and asked clarifying questions, which Cathedral City Page 2 Printed on 8/16/2023 were responded to by staff. This item was for information and discussion only and will come back to the Council for consideration at the Council Meeting scheduled for September 27, 2023. B. East PACT Team Presentation Recommendation: This is for presentation and information only. Andy Diaz, PACT Team Sergeant, provided an overview of the East Post-release Accountability and Compliance Team (PACT). The following points were presented: • Background and Inception • Three Separate Regional Teams • The PACT MOU • Stats • Advantages This item was information and discussion only, there was no formal action taken by the Council. C. Discussion on a Policy Authorizing the Acceptance of Electronic or Digital Signatures in Lieu of a written "Wet" Signature Recommendation: This item is for discussion and direction only, there will be no formal action taken. Tracey Hermosillo, City Clerk, provided an overview on the proposed Administrative Policy Authorizing the acceptance of Digital and Electronic Signatures in lieu of "wet"signatures on City documents. The City Council expressed their support of the City accepting digital and electronic signatures as outlined in the proposed administrative policy. This item was for information and discussion only, there was no formal action taken by the Council. The proposed policy will be distributed to all employees. ADJOURN Mayor Rita Lamb adjourned the Study Session meeting at 5:27 p.m. lt.N 4 r ��,(�I1 ,� �� Mayor, City of Cathedral City City Clerkity f Cathedral City Cathedral City Page 3 Printed on 8/16/2023 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, August 9, 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 5:35 PM by Mayor Rita Lamb. • PLEDGE OF ALLEGIANCE Councilmember Ernesto Gutierrez led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Mayor Pro Tern Mark Carnevale offered the Invocation. • 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 Corwin Deveas expressed his concerns with the Cathedral City Police Department, the processing of investigations, and the separation of certain employees from the City. Brenda Ramirez, President of Cathedral City Band Boosters, announced their upcoming car wash fundraiser, which will be held on August 12, 2023, from 8:00- 12:00 p.m. at Cathedral City High School. Lauren Bright, Creative Director of Wild Woman Art Collective, invited the City Council to the upcoming Resurgence art show at Desert Art Woman Gallery in Cathedral City, which takes place September 1-30, 2023. 2. COUNCIL REPORTS Councilmember Raymond Gregory reported on the following: • His attendance at the Greater Coachella Valley Chamber of Commerce Annual Installation Dinner • His attendance at the Cathedral City Police Association's Backpack giveaway event • The improvements at Panorama Park. He thanked staff for all their work Mayor Pro Tem Mark Carnevale reported on the following: • His meeting with a local developer • His lunch meeting with the new owners of the old Beer Hunter along with Stone James, Economic Development Director, and Councilmember Gutierrez • His meeting with City Manager McClendon and Assistant City Manager Ambrose • His attendance at the City Manager's Quarterly Meeting • The upcoming City Hall Selfie Day • The upcoming PACT ACT press conference with Congressman Raul Ruiz • The upcoming Dream Home Park community meeting Councilmember Nancy Ross reported on the following: • An overview of the Cathedral City Fire Department and ambulance services, and all that they do for the City and the residents Councilmember Ernesto Gutierrez reported on the following: • The July 4th Holiday • How he spent his time during the month of July, while Council was dark • His lunch meeting with the new owners of the old Beer Hunter along with Stone James, Economic Development Director, and Mayor Pro Tem Carnevale • Concerns he received from residents related to an array of issues including illegal vendors, code complaints, and the survey proposing a new Assessment District within the City • The phone call he received from the family of Ramon Diaz, thanking the City for the arrest of suspects believed to be involved in his death • The four new motorcycle officers patrolling the City • He reminded everyone to be careful driving now that school is back in session Mayor Rita Lamb reported on the following: • She thanked the Police Department for the wonderful work they do • Her attendance at a tour of Cathedral Palms Senior Living • Her attendance at the City Manager's Quarterly Meeting Cathedral City Page 2 Printed on 8/17/2023 • Her attendance at the Cathedral City Police Association's Backpack giveaway event • The article in the Desert Sun about the Boys and Girls Club of Cathedral City • The upcoming job fair at the Acrisure Arena for the hospitality industry • The upcoming Life Stream Blood Drive at City Hall • The upcoming Dream Home Park community meeting • The recent Community Safety meeting, which was a success • The next Community Safety meeting on August 24th at Landau Elementary School • Her interview with a reporter for Cal Cities related to the Veteran's Village and Cathedral Palms communities • Her Mayor's message, which is "Don't wait to tell someone you love them" • She thanked all those involved with the Swim Program at Cathedral City High School 3. CONSENT AGENDA A motion was made by Mayor Pro Tem Carnevale and seconded by Councilmember Gutierrez to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Mayor Pro Tem SECONDER: Ernesto Gutierrez, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez A. Waive Full Reading of Ordinances on Agenda M.O. 2023-113 B. Minutes Approval M.O. 2023-114 1. City Council - Study Session - Jun 28, 2023 2:30 PM 2. City Council - Regular Meeting - Jun 28, 2023 5:30 PM C. Receive and File Payment of Claims and Demands for June 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 $12,526,149.05 for the month of June 2023. M.O. 2023-115 D. Approve a Service Agreement with Riverside County Transportation for Varner Road Slurry Seal Improvements Recommendation: To approve a Service Agreement for the construction of the Varner Road Slurry Seal Improvements Project in the amount of$16,257; and, delegating the County of Riverside Transportation Department as lead agency on behalf of the City; and, authorize the City Manager to execute the Cathedral City Page 3 Printed on 8/17/2023 Agreement. M.O. 2023-116 E. Authorization to Purchase four 2024 BMW R1250 RT-P Police Motorcycles Recommendation: To authorize staff to purchase four BMW Motorcycles for the Police Department Traffic Bureau from BMW Motorcycles of Riverside for $158,787.68, including sales tax and licensing fees. M.O. 2023-117 F. Approval of Grant Expenditure SLESA FY 2020-2021 & 2021-2022 Recommendation: To approve the Expenditure Plan Appropriating Supplemental Law Enforcement Services Account (SLESA) for FY 2020-2021 & 2021-2022 allocation of Mobile e-ticket printers and police motorcycle lapel mic radio equipment. M.O. 2023-118 G. CFD NO. 2006-1, IA #19 AUTHORIZING THE LEVY OF A SPECIAL TAX (2nd Reading) Recommendation: Conduct Second Reading and adopt the Ordinance authorizing the levy of a special tax within Improvement Area No. 19 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic. Park and General Maintenance Services). Ord 871 H. Ramon Road Bridge and Street Widening Project: Approval of Easement and Assignment and Assumption of Easement Agreement with the Coachella Valley Water District (CVWD) for CVWD access to Whitewater River Channel Recommendation: To approve an agreement with the Coachella Valley Water District (CVWD) to grant CVWD an access easement over a City-owned parcel; and, to assign an existing access easement to CVWD, to be used by CVWD for its maintenance access to the Whitewater River Channel; and, authorize its execution by the Mayor and City Clerk, required to replace an existing access which will be lost when the Ramon Bridge is widened. M.O. 2023-119 Amendment No. 2 to the Agreement for Professional Construction Management Services with T.Y, Lin International for the Ofelia Bringas Memorial Bridge Project (aka Cathedral Canyon Drive Bridge over Whitewater River Project) Recommendation: To approve Amendment No. 2 to the Professional Construction Management Services Agreement with T.Y. Lin International for the Ofelia Bringas Memorial Bridge Project (aka Cathedral Canyon Drive Bridge over Whitewater River Cathedral City Page 4 Printed on 8/17/2023 Project) extending the term of the agreement to one (1) additional year and increasing the compensation of the agreement in the amount not to exceed $14,981 .53 due to an increase in the scope of work; and authorize the City Manager to execute Amendment No. 2. M.O. 2023-120 J. Designation of Voting Delegate and Alternate for the League of California Cities Annual Business Meeting on September 22, 2023 Recommendation: To adopt a Resolution designating Councilmember Raymond Gregory as the Voting Delegate to represent Cathedral City at the League of California Cities Annual Business Meeting, which will be held on September 22, 2023. Reso 2023-25 K. Approve an Amendment to the CCPFA Memorandum of Understanding Recommendation: To approve an Amendment to the Memorandum of Understanding between the City of Cathedral City and Cathedral City Professional Firefighters Association (CCPFA). M.O. 2023-121 L. Approve an Amendment to the CCFMA Memorandum of Understanding Recommendation: To approve an Amendment to the Memorandum of Understanding between the City of Cathedral City and Cathedral City Fire Management Association (CCFMA). M.O. 2023-122 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS A. City User and Regulatory Fees Update Recommendation: Adopt resolution updating and establishing user and regulatory fees. City Manager Charles McClendon recommended that the Mayor open the Public Hearing, take public comment, and continue the Public Hearing to August 23, 2023. Mayor Rita Lamb opened the Public Hearing to receive public comments. Gretchen Gutierrez, Desert Valley Builders Association, indicated that she appreciates staff's diligence in recommending that this item be continued. A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to continue the Public Hearing regarding the adoption of a Resolution updating and establishing user and regulatory fees to the August 23, 2023 Council meeting. Cathedral City Page 5 Printed on 8/17/2023 M.O. 2023-123 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Nancy Ross AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez B. CFD 2006-1, IA #18, Formation, Election and Ordinance Public Hearing Recommendation: For the City Council of the City of Cathedral City, acting on behalf of Improvement Area (IA) No. 18 of the City of Cathedral City Community Facilities District (CFD) 2006-1 (law enforcement, fire, paramedic, park and general maintenance services), to adopt the following: • Resolution of Formation determining the validity of prior proceedings • 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 Mayor Rita Lamb opened the Public Hearing for the proposed formation of Improvement Area No. 18 of the Cathedral City Community Facilities District No. 2006-1. 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. Patrick Bumstead, Analyst II, provided an overview of the process of the formation of CFD 2006-1 Improvement Area No. 18. 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 speak. 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 2023-26 Cathedral City Page 6 Printed on 8/17/2023 A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to adopt a Resolution of the City Council of the City of Cathedral City determining the validity of prior proceedings, establishing Improvement Area No. 18 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 2023-27 A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to adopt a Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 18 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park Maintenance Services) calling a special election. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez Reso 2023-28 A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to adopt a Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 18 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: Ernesto Gutierrez, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez Mayor Lamb directed the City Clerk to tabulate the ballot and announce 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. 2023-124 Cathedral City Page 7 Printed on 8/17/2023 A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to introduce, wave full reading byond title, and provide first reading of an Ordinance of the City Council of the City of Cathedral City acting as the legislative body of Improvement Area No. 18 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: Ernesto Gutierrez, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez 6. LEGISLATIVE ACTIONS A. 2024 Session Special Use Permit (SUP) for Yoga Classes in the Cathedral City Community Amphitheater funded through the Parks and Community Events Commission Events Budget Recommendation: To approve a Special Use Permit for the 2024 Session of the weekly yoga event in the Cathedral City Community Amphitheater (Amphitheater) as supported by the Parks and Community Events Commission (PACE); and, approve funding from the PACE Events budget of$3,150 for the instructors, incidentals and video of the event; and waive all SUP Application fees and Amphitheater rental charges. M.O. 2023-125 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tern Carnevale to approve a Special Use Permit for the 2024 Session of the weekly yoga event in the Cathedral City Community Amphitheater as supported by the Parks and Community Events Commission, approve funding in the amount of$3, 150 from the Parks and Community Events Commission budget for the instructors, incidentals and video of the event, and waive all Special Use Permit application fees and amphitheater rental charges. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Mayor Pro Tem AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez B. Approval of the Parks and Community Events Commission (PACE) support of the Panorama Dog Park Howl-o-ween Dog Costume Contest Event on October 28, 2023 Recommendation: To approve $100 from the Parks and Community Events Commission's (PACE) FY 2023-2024 Events Budget to support the Panorama Dog Park Howl-o-ween Dog Costume Event on October 28, 2023. M.O. 2023-126 Cathedral City Page 8 Printed on 8/17/2023 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Carnevale to approve the expenditure of $100 from the Parks and Community Events Commission's (PACE) FY 2023-2024 Events Budget to support the Panorama Dog Park Howl-o-ween Dog Costume Event on October 28, 2023. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Mayor Pro Tem AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez C. SUP #23-006 Mi Chavela Fest Recommendation: To approve Special Use Permit No. 2023-006 for the 2023 Mi Chavela Fest to be held on Saturday, Sept. 16, 2023, in the Festival Lawn Annex area. M.O. 2023-127 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tern Carnevale to approve Special Use Permit No. 2023-006 for the 2023 Mi Chavela Fest to be held on Saturday, Sept. 16, 2023, in the Festival Lawn Annex area. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Mayor Pro Tem AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez D. Concessionaire Agreement Renewal (City of Cathedral City & Kick Back Cinemas) Recommendation: To approve a Concessionaire Agreement with Kick Back Cinemas Cathedral City, LLC to operate the Cathedral City Community Amphitheater's concession stand. M.O. 2023-128 A motion was made by Councilmember Gregory and seconded by Councilmember Gutierrez to approve a Concessionaire Agreement with Kick Back Cinemas Cathedral City, LLC to operate the Cathedral City Community Amphitheater's concession stand, with the amendment to remove the $450 internet fee. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Ernesto Gutierrez, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez E. NAI Task Orders for State, Federal and City Project Engineering Support and Project Coordination Cathedral City Page 9 Printed on 8/17/2023 Recommendation: To authorize Task Orders 01 through 10 to NAI Consulting, Inc. (NAI) to assist in the Project Management of the Da Vall Drive Interchange, the Ofelia Bringas Memorial Bridge closing out documents, CVAG/ATP Cycle 5, HSIP Cycle 9A , HSIP Cycle 9B, HSIP Cycle 10, and HSIP 11 Projects 1 through 4, in the not to exceed budget amounts of$15,000, $10,000, $15,000, $25,000, $25,000, $10,000, $25,000, $25,000, $25,000, and $25,000, respectively, as part of NAI's On-Call Engineering Support Services Contract for State and Federally Funded Projects; and authorize the City Engineer to execute all the above cited Task Orders. M.O. 2023-129 A motion was made by Councilmember Gregory and seconded by Mayor Lamb to authorize Task Orders 01 through 10 to NAI Consulting, Inc. (NAI) to assist in the Project Management of the Da Vall Drive Interchange, the Ofelia Bringas Memorial Bridge closing out documents, CVAG/ATP Cycle 5, HSIP Cycle 9A , HSIP Cycle 9B, HSIP Cycle 10, and HSIP 11 Projects 1 through 4, in the not to exceed budget amounts of $15,000, $10,000, $15,000, $25,000, $25,000, $10,000, $25,000, $25,000, $25,000, and $25,000, respectively, as part of NAI's On-Call Engineering Support Services Contract for State and Federally Funded Projects; and authorize the City Engineer to execute the Task Orders. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez 7. DISCUSSION ON FUTURE AGENDA ITEMS There was no discussion on future agenda items. 8. CLOSED SESSION ADJOURN Mayor Rita Lamb adjourned the meeting at 7::12 p.m. r c ri t t Mayor, City of Cathedral City City Clem C7fy of Cathedral City Cathedral City Page 10 Printed on 8/17/2023