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Home My WebLink AboutCC Minutes 2023-09-27 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, September 27, 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 3:00 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 item listed on the agenda. A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Paragraph (2) of Government Code § 54956.9 Anticipated Litigation: One (1) Case The City Council recessed to Closed Session at 3:02 p.m. The City Council reconvened at 3:25 p.m. City Attorney Eric Vail announced that the City Council met in Closed Session to discuss item 2A. Conference with Legal Counsel for one case of anticipated litigation. There was no reportable action taken. 3. STUDY SESSION A. Fountain of Life Update Recommendation: This item is presented for information, discussion and direction only. Kevin Biersack, Financial Services Director, provided an update on the Fountain of Life. The following points were presented: • Fountain of Life History • Build Process • Structure • Current Status • Evaluation • Vault Repairs • Near-Term Plan • Options and Conceptual Plans After discussion the City Council provided the following direction: • Have water on center fountain structure only • Install minimal fencing around center fountain structure only • Remove entire soft surface and replace with colored concrete base • Complete the following repairs to the subterranean equipment vault: o Filter units o Automated time controller o Isolation Valves o Shunt-trip units It was the consensus of the City Council to continue the discussion of some type of water play feature at a future date to be determined. B. 2023 Fall Events Preview Recommendation: To inform the City Council about Cathedral City's Fall 2023 special events. Ryan Hunt, Communications and Events Manager, provided an overview of the upcoming City sponsored events for Fall 2023. This item was for information and discussion only, there was no formal action taken by the City Council. Cathedral City Page 2 Printed on 10/05/2023 ADJOURN Mayor Rita Lamb adjourned the Study Session at 4:28 p.m. OZ At) edlaykrYviba L.t ?. Mayor, City of Cathedral City City Clerk,gity of Cathedral City Cathedral City Page 3 Printed on 10/05/2023 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, September 27, 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 Martha Vistica, Cathedral City resident, expressed her concern with illegal street vendors, human trafficking, and the health risks they pose. Bob Mata, Cathedral City resident, explained that he participated in the focus group related to the strategic plan and is very impressed with the results. He urged the City to help keep the City beautiful and asked Code Compliance to continue helping to keep the vacant lots on Date Palm clean. He expressed his concern with not being able to serve on the Mobile Home Fair Practices Commission. Ronnie Mendiola, Cathedral City resident, thanked the Council for waiving the demolition fee for homes that sustained damage due to Tropical Storm Hilary. He asked that the City continue to show support and consider waiving permit fees for homes and businesses during the rebuilding period. Louise Porter, U.S. Small Business Administration (SBA) Office of Disaster Recovery and Resilience, discussed the eligibility and application process for the disaster loan program, which is available to residents and businesses affected by Tropical Storm Hilary. She announced that the SBA has opened a Disaster Loan Outreach Center, which is located at the Cathedral City Library Branch. 2. EMERGENCY UPDATE A. Update on Emergency Actions Related to Tropical Storm Hilary Recommendation: Update on Status of Emergency Proclamation, Resolution 2023-29. 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 Tropical Storm Hilary. The following points were presented: • Emergency Declaration Update • Actions by Governor Newsom • Actions by bipartisan delegation of California Leaders • Declaration Advocacy Groups • Ongoing City Efforts • Historical FEMA Flood Insurance Rate Maps (FIRMS) for the Area • Sewer Providers • Regional Stormwater • North Cathedral City Regional Stormwater Project by CVWD Rick Saldivar thanked Councilmember Gregory for advocating for the waiver of permit fees and echoed his moment of reflection. He urged the Council to waive the permit fees for the residents on Horizon Road. Jerry Meza, Cathedral City resident, stated that he is here to show support to the residents that were affected by Tropical Storm Hilary. He expressed his gratitude for the dialog between the City and the residents and hopes that it will continue. He expressed his concern with security and lighting issues on Horizon Road and requested more nightly patrols from the Police Department. Cathedral City Page 2 Printed on 10/05/2023 Beatriz Toledo, Cathedral City resident, expressed her concern related to Horizon Road and feels their street has been forgotten. She inquired about infrastructure, soil testing, and donations raised by the Air Museum. She questioned why Councilmember Gutierrez is the only one showing up and feels the leadership should be facing the disaster with the residents. Dawn Figuera, Cathedral City resident, thanked Councilmember Gregory and Councilmember Gutierrez for their advocacy of waiving permit fees. She expressed her concern with infrastructure and the bid process for the removal of the dirt from Tropical Storm Hilary. Rick Ravenello, Cathedral City resident, expressed his concern with the infrastructure of the City and how it affected Horizon Road during Tropical Storm Hilary. He feels this issue needs to be addressed. He asked the Council to look out for their constituents and move forward together. Margaret Gutierrez, Thousand Palms resident, expressed her concern with the City's response and communication related to Tropical Storm Hilary. She feels the residents have been neglected. Andrew Velasquez, Cathedral City resident, explained that those who lived through Tropical Storm Hilary are dealing with post-traumatic stress disorder (PTSD). He stated that he lost his car and has now been given a 90-day notice to move by his landlord. He questioned if the City is going to test the dirt in the affected areas due to Tropical Storm Hilary to see if it is toxic. He recommends the City install more streetlights, speed humps, and do more policing on Horizon Road. Bas Har Thad (John), Cathedral City resident, feels the City should have acted sooner with regard to Tropical Storm Hilary. He stated that the future is very important, and we need to understand how to prevent this from happening again. He feels we should support each other. Terry Applegate requested that the City hold meetings to discuss what worked and did not work in regard to Tropical Storm Hilary. She feels that we need to think about how to get prepared in the future. She also feels it is time to activate C.E.R.T. training. She discussed a homemade air filtration system she made, which has helped with the dirt issue. She requested clarification regarding fee waivers and who would receive them. It was the consensus of the Council to direct staff to agendize a future agenda item to consider a fee waiver for the reconstruction of properties damaged by Tropical Storm Hilary. This item was for information and discussion only, there was no formal action taken by the City Council. Cathedral City Page 3 Printed on 10/05/2023 B. Award Contract for Soil Removal due to Tropical Storm Hilary to Stice Company, Inc. Recommendation: To award a soil removal contract to Stice Company Inc., in the amount of $3,967,966.80 for the for removal of soil from affected areas due to Tropical Storm Hillary, City Project (M00020) and approve a fifteen percent (15%) contingency in the amount of $595,195.20 for any unforeseeable costs; thereby, bringing the total soil removal budget for this Project to $4,563,162.00; and, approve a General Fund appropriation in the amount of$4,563,162.00; 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. City Manager Charles McClendon provided an overview of the proposed contract with Stice Company Inc., for the removal of soil from affected areas due to Tropical Storm Hilary. The following points were presented: • Background • Stockpile Locations • Bid Solicitation and Results • Fiscal Impact • Staff's Recommendation M.O. 2023-148 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tern Carnevale to award a soil removal contract to Stice Company Inc., in the amount of $3,967,966.80 for the removal of soil from affected areas due to Tropical Storm Hillary, City Project (M00020) and approve a fifteen percent (15%) contingency in the amount of $595, 195.20 for any unforeseeable costs; thereby, bringing the total soil removal budget for this Project to $4,563,162.00; and, approve a General Fund appropriation in the amount of $4,563,162.00; 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. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Mayor Pro Tem AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez 3. COUNCIL REPORTS Councilmember Raymond Gregory reported on the following: • His attendance at Luchador's Mi Chavela Fest • His attendance at the Senior Center's Cactus Club Event Cathedral City Page 4 Printed on 10/05/2023 • His attendance at the Desert Valley Business Association's Business Grant Awards • His attendance at the League of California Cities Annual Conference • He will be attending the upcoming Mobility 21 Summit • The improvements at Panorama Park • He thanked volunteers and all others for their help in the aftermath of Tropical Storm Hilary Mayor Pro Tem Mark Carnevale reported on the following: • He read a statement related to Tropical Storm Hilary • His attendance at the All Mayors and Tribal Chairpersons Luncheon • His attendance at Cathedral City Library Assistance Center • His communication with residents related to the storm • His communication with Officer Brooks related to the homeless individuals near the Fountain of Life • He stated that the banana split at Monster Shakes is great • The reopening of George's Burgers • The passing of veteran Gary Nut • His attendance along with Public Arts Commissioner Sunshine Herrera at the Homeless Committee meeting • His discussion with Craig Smith related to the 13.5 acres development Councilmember Nancy Ross reported on the following: • She discussed Tropical Storm Hilary and the devastation it caused and how proud she is of the work that has been done. She hopes everyone can work together to heal. • The upcoming Battle in the Desert on October 14, 2023 • The upcoming Mayan La Feria International De Cultura on October 21-22, 2023 • The upcoming Coachella Valley Bully Fest on January 13, 2024 • The upcoming Balloon Festival on November 17-19, 2023 • The upcoming Spooktacular on October 29, 2023 • The upcoming Taste of Jalisco on February 2-4, 2024 • The upcoming Taste and Sounds of Cathedral City February 13, 2024 - April 19, 2024 • The upcoming Palm Springs Film Festival on January 4-15, 2024 Councilmember Ernesto Gutierrez discussed his communication with residents affected by Tropical Storm Hilary, which has deeply affected him. He stated that he will continue to do what he can to help those affected. Mayor Rita Lamb reported on the following: • She discussed the residents affected by Tropical Storm Hilary, who she feels are courageous and resilient • Her participation in many activities advocating for the City and the need in the aftermath of Tropical Storm Hilary • The passing of her close friend and former Parks and Community Events Cathedral City Page 5 Printed on 10/05/2023 Commissioner Steve Vericker 4. CONSENT AGENDA A motion was made by Mayor Pro Tern Carnevale and seconded by Councilmember Ross to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Mayor Pro Tem SECONDER: Nancy Ross, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez A. Waive Full Reading of Ordinances on Agenda M.O. 2023-149 B. Minutes Approval M.O. 2023-150 1. City Council - Study Session - Sep 13, 2023 3:00 PM 2. City Council - Regular Meeting - Sep 13, 2023 5:30 PM C. 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. 2023-151 D. 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. 2023-152 E. CFD 2006-1, IA #18 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. 18 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic. Park and General Maintenance Services). Ord 872 F. Special Use Permit - Fields of Valor Recommendation: To approve SUP# 23-008 for the annual Fields of Valor event at Patriot Park. M.O. 2023-153 Cathedral City Page 6 Printed on 10/05/2023 G. Tract No. 37124: Approval of Final Map and Subdivision Agreement (Subdivider NCP Verano, LLC) Recommendation: To approve Final Map of Tract No. 37124 and accept the dedications offered on the Map for public utility easement purposes and approve the Subdivision Agreement for Tract No. 37124 and authorize its execution by the Mayor and City Clerk. M.O. 2023-154 5. ITEMS PULLED FROM CONSENT 6. PUBLIC HEARINGS A. AB 1600 Fee Justification Nexus Study Recommendation: To adopt the Assembly Bill (AB) 1600 Fee Justification Nexus Study findings and update the City's AB 1600 development impact fee schedule to reflect the adopted recommendations. Full implementation of the adopted fees will be effective January 1, 2024. Stone James, Director of Economic Development, introduced Megan Quinn, Director Municipal/District Finance Harris & Associates, to provide an overview of the AB 1600 Fee Justification Nexus Study. The following points were presented: • Development Impact Fees (DIFS) • Development Impact Fee Program • Overview • Stakeholder Outreach and Feedback • Changes to the Fee Program since August 9th, based on DVBA Feedback • Park Facilities Fee • Cathedral City Current Fees • Proposed Nexus Maximum Justifiable Fee • Proposed Fee Comparison to Existing Fee • Neighboring City Comparison to Proposed Fee Mayor Rita Lamb opened the Public Hearing to receive public comment. James Brown yard, Desert Valley Builders Association, expressed his concern with specific sections of the proposed fees. He referred to a letter that they submitted to the Council today. Terry Applegate expressed her concern with the proposed rate increases and agrees with the concerns of the Desert Valley Builders Association. She fears the proposed fees will hinder development. Mayor Lamb closed the Public Hearing and returned discussion to the City Council. There was no action required for this item. At the October 11, 2023, City Council Cathedral City Page 7 Printed on 10/05/2023 meeting, the Council will vote to approve a resolution adopting the fees and accept the fee justification study. The City Council recessed at 7:30 p.m. The City Council reconvened at 7:38 p.m. 7. LEGISLATIVE ACTIONS A. Council Subcommittee Funding Recommendations for the FY 2023/2024 Community Assistance Program Recommendation: The Council Subcommittee recommends City Council approve the award of grants totaling $70,000 for the FY 2023/2024 Community Assistance Program. M.O. 2023-155 A motion was made by Councilmember Gutierrez and seconded by Mayor Lamb to approve the award of grants totaling $70,000 for the FY 2023/2024 Community Assistance Program as recommended by the Council Subcommittee. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez B. Luchador Brewing Company Brewfest SUP Recommendation: To approve SUP# 23-009 for the Desert Brewfest event, hosted by Luchador Brewing Company in Downtown Cathedral City. Ryan Hunt, Communications and Events Manager stated that the City would sponsor the Luchador Brewing Company Brewfest as a Bronze Partner in the amount of$1000 funded from the Communications and Events budget. M.O. 2023-156 A motion was made by Councilmember Gregory and seconded by Mayor Lamb to approve SUP# 23-009 for the Desert Brewfest event, hosted by Luchador Brewing Company in Downtown Cathedral City on December 10, 2023. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez C. Resolution of Opposition to Initiative No. 21-0042A1, A November 2024 Ballot Measure Jeopardizing Cities' Ability to Provide Essential Services and Infrastructure Cathedral City Page 8 Printed on 10/05/2023 Recommendation: Approve a resolution of opposition to Initiative No. 21- 0042A1, a November 2024 Ballot Measure jeopardizing Cities' ability to provide essential services and infrastructure. Brad Anderson, Rancho Mirage resident, commended the City Council and staff for allowing people to speak freely. He does not support the proposed Resolution. Reso 2023-32 A motion was made by Mayor Lamb and seconded by Councilmember Gregory to approve a resolution of opposition to Initiative No. 21-0042A1, a November 2024 Ballot Measure jeopardizing Cities' ability to provide essential services and infrastructure. RESULT: APPROVED [UNANIMOUS] MOVER: Rita Lamb, Mayor SECONDER: Raymond Gregory, Councilmember AYES: Lamb, Carnevale, Ross, Gregory, Gutierrez 8. DISCUSSION ON FUTURE AGENDA ITEMS There was no discussion on future agenda items. 9. CLOSED SESSION ADJOURN Mayor Rita Lamb adjourned the Regular Meeting at 8:26 p.m. L-t/f Mayor, City of Cathedral City City Clerk, city of Cathedral City Cathedral City Page 9 Printed on 10/05/2023