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HomeMy WebLinkAboutMinutes - Regular Meeting Minutes - 3/27/24 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, March 27, 2024 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 Mark Carnevale. • PLEDGE OF ALLEGIANCE Mayor Pro Tem Nancy Ross led the Pledge of the Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Raymond Gregory offered a moment of reflection. • ROLL CALL Attendee Name Title Status Arrived Mark Carnevale Mayor Present 5:30 PM Nancy Ross Mayor Pro Tern Present 5:30 PM Raymond Gregory Councilmember Present 5:30 PM Ernesto Gutierrez Councilmember Present 5:30 PM Rita Lamb Councilmember Present 5:30 PM • AGENDA FINALIZATION There were no changes to the Agenda. 1. PUBLIC COMMENT Tony Huggins, thanked the Cathedral City Police Department for their assistance with a recent incident related to a parked car that took place on their street. He stated that the Officers were professional and very helpful, and the residents are very thankful. Sue Townsley, discussed the possibility of renaming the Date Palm Bridge after former Mayor Stan Henry. Tony Sanfratello, resident at Tramview Mobile Home Park, expressed their appreciation for the assistance from the City. He provided copies of letters that were sent to the manager of Tramview Mobile Home Park. Yasmin Espinoza, Tramview Mobile Home Park Resident, thanked the City for their support with their issues at Tramview Mobile Home Park. She also thanked the City for the events at the Cathedral City Community Amphitheater and requested that the Public Arts Commission get involved. Pauline Wedekind, expressed her concern with her neighbor's driveway, which she believes is not up to code. She discussed the issues related to the driveway and requested that the City provide assistance to mitigate the issues. Richard Levik, expressed his concern with a citation he received related to his Short- Term Vacation Home, which he feels is excessive. He feels he should have been given a warning first before being cited. Jens Mueller, thanked the Chief of Police for the Police Department's efforts with a recent loud party in his neighborhood. He expressed his concern related to trash can code violations and the City's citation process, which he feels continues to be unresolved. He requested to know the amount of the City Manager's annual salary. 2. COUNCIL REPORTS Councilmember Ernesto Gutierrez reported on the following: • His attendance at the Tastes and Sounds of Cathedral City • His attendance at the Coachella Valley Association of Governments Conservation Commission Meeting • His weekly meeting with City Manager McClendon and Assistant City Manager Ambrose • The phone calls he received related to illegal vendors and code compliance issues throughout the City • The upcoming Senior Inspiration Awards Luncheon • The upcoming Dream Homes Park Groundbreaking on April 3, 2024 • He wished everyone a happy Easter Mayor Pro Tem Nancy Ross reported on the following: • Her attendance at the Butterfly Festival at Panorama Park • Her attendance at the Community Picnic at Montage • Her St. Patrick's Day dinner • Her attendance at the State of the Fourth District with Supervisor Manny Perez • Her attendance at the Cathedral City Evening Rotary meeting • The Palm Springs Unified School District program "Do the Right Thing" • Her attendance at the Dinner with Patsi Fundraiser • Her participation as Principal for the Day at Agua Caliente Elementary School • Her attendance at the Reaf Pink Party Dinner hosted by Della Da Ball • Her meetings with residents on a variety of issues Cathedral City Page 2 Printed on 4/04/2024 • Her participation interviewing law firms for SunLine Transits Agency • The upcoming Annual Sammys International Meatball Festival • The Breakfast Fundraiser she and her husband will be hosting, which will benefit the Golden State Manufacturer Homeowners League Councilmember Raymond Gregory reported on the following: • His attendance at the Butterfly Festival at Panorama Park • His participation in the Coachella Valley Association of Governments Finance Committee's review of their Enterprises Resource Program • His attendance at multiple Tastes and Sounds of Cathedral City events • His participation as Principal for the Day at Landau Elementary School • His meeting with Shane Massoud, the Southern California Edison Government Affairs Representative • His participation with a POD Cast with the Jewish Federation of the Desert • He stated that Yoga in the Park is done for the season • Upcoming Easter Sunday • He announced that on Monday, April 8, 2024, there will be a partial solar eclipse Councilmember Rita Lamb reported on the following: • Her attendance at the last session of Yoga in the park • The upcoming Senior Inspiration Awards Luncheon • Her participation on the Coachella Valley Mountains Conservancy • The upcoming shredding event on April 6, 2024 • The upcoming Salvation Army's Veteran's Expo • Her upcoming participation as a guest reader at Barnes and Noble • The Roost's Easter brunch and dinner fundraiser, which will benefit the Voices for Children organization • The Bike Lane Project on Cathedral Canyon • She read an article from Desert Magazine, which highlighted Cathedral City • She congratulated Stone James on his appointment as the new City Manager for the City of 29 Palms Mayor Mark Carnevale reported on the following: • His attendance at the Butterfly Festival at Panorama Park • St. Patrick's Day celebration with his grandson • His attendance at the State of the Fourth District with Supervisor Manny Perez • The phone calls with local developers • His attendance at the Cathedral City Evening Rotary meeting • The upcoming Salvation Army's Veteran's Expo • The upcoming Senior Inspiration Awards Luncheon • The Uken Report on the Dream Homes Groundbreaking event • He thanked Officer Navy for his help with the homeless on Bankside Drive • The Roost's Easter fundraiser benefiting the Voices for Children organization 3. CONSENT AGENDA Cathedral City Page 3 Printed on 4/04/2024 A motion was made by Councilmember Lamb and seconded by Councilmember Gregory to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] 1 MOVER: Rita Lamb, Councilmember SECONDER: Raymond Gregory, Councilmember AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb A. Waive Full Reading of Ordinances on Agenda M.O. 2024-43 B. Minutes Approval M.O. 2024-44 1. City Council -Study Session -Mar 13, 2024 3:00 PM 2. City Council - Regular Meeting -Mar 13, 2024 5:30 PM C. Notice of Completion for ATP Cycle 5: East Palm Canyon Bike Lanes Project(C08604) Recommenciation: To accept and approve the Active Transportation Program (ATP) Cycle 5 - East Palm Canyon Drive Bike Lanes Project (C08504) as completed; and, authorize the City Manager to execute and file a notice of completion with the Riverside County Recorder's Office; and, authorize the release of retention funds to Chrisp Company upon expiration of the notice of completion. M.O. 2024-45 D. 2023 Housing Element Annual Progress Report Recommendation: To receive the 2023 Housing Element Annual Progress Report and authorize its transmittal to the California Department of Housing and Community Development (HCD) and the California Governor's Office of Planning and Research (OPR). Danny Lee discussed Program 1.A.4 of the Annual Element Progress Report, and read a report by the Lincoln Institute of Land Policy related to economic integration. M.O. 2024-46 E. Zoning Ordinance Amendment 23-002 -Amend the Zoning Ordinance to add Chapter 9.116 Two-Unit Residential Developments and Urban Lot Splits Recommendation: To provide second reading by title only, and adopt an ordinance adding Chapter 9.116 Two-Unit Residential Developments and Urban Lot Splits to Title 9 of the Cathedral City Municipal Code. Ord 876 Cathedral City Page 4 Printed on 4/04/2024 F. Tract No. 37124: in Rio Vista Village: Approval of Termination, Release and Assumption (TRA)Agreement with NCP Verano, LLC and Avante 58, LLC; and Approval of New Subdivision Improvement Agreement for Completion of Improvements in Tract 37124 with Avante 58, LLC. Recommendation: To approve a transfer, release and assumption agreement (TRA)with NCP Verano, LLC and Avante 58, LLC, for Tract 37124; and, approve a subdivision improvement agreement with Avante 58, LLC, for the completion of improvements in Tract 37124; and, authorize the execution of all the above agreements by the City Manager and the City Clerk on behalf of the city. M.O. 2024-47 G. Award Professional Services Agreement to Z&K Consultants for HSIP Cycle 9A Project: Traffic Signal Improvements at 12 Intersections Recommendation: To award a professional services agreement to Z&K Consultants, in the amount of$209,124 for professional construction engineering support services for the Highway Safety Improvement Program (HSIP) Cycle 9A Project: Traffic Signal Improvements at 12 Intersections and approve a ten percent(10%) contingency in the amount of$20,912 for any unforeseeable construction costs, thereby, bringing the total construction budget for this Project to $230,036; and, authorize a budget allocation in the amount of$64,336 from Measure A Funds; and, authorize the City Manager to execute the required contract documents; and, authorize the City Engineer to request insurance policies and issue the Notice to Proceed. M.O. 2024-48 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS 6. LEGISLATIVE ACTIONS A. Appointments to the Finance Advisory Committee Recommendation: To consider appointing three individuals to the Finance Advisory Committee with terms expiring on June 30, 2026 and June 30, 2027, based on the interviews conducted during the Study Session Meeting of March 27, 2024. A motion was made by Councilmember Gregory and seconded by Councilmember Lamb to make the following appointments to the Finance Advisory Committee: Teri Hargreaves will serve a term continuing through June 30, 2027 Danny Lee will serve a term continuing through June 30, 2027 Rick Sa!diver will serve a term continuing through June 30, 2026 Cathedral City Page 5 Printed on 4/04'2024 M.0. 2024-49 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb B. Joint Use Agreement with the Palm Springs Unified School District and Desert Recreation District for Operation of the Cathedral City High School Swimming Pool for Public Use During the 2024 Summer Months Recommendation: Staff recommends that the City Council approve the agreement and authorize the City Manager to execute all necessary documents. M.O. 2024-50 A motion was made by Mayor Pro Tern Ross and seconded by Councilmember Gutierrez to approve a Joint Use Agreement with the Palm Springs Unified School District and Desert Recreation District for operation of the Cathedral City High School swimming pool for public use during the 2024 summer months and authorize the City Manager to execute all necessary documents. RESULT: APPROVED [UNANIMOUS] MOVER: Nancy Ross, Mayor Pro Tem SECONDER: Ernesto Gutierrez, Councilmember AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb C. Contract with Petrochem Materials Innovation, LLC for Fiscal Year 2023- 24 Rubberized Emulsion Aggregate Slurry (REAS) Projects Recommendation: To approve a contract with Petrochem Materials Innovation, LLC. for$1,114,598.46 to supply and apply Rubber Emulsion Aggregate Slurry(REAS) on Panorama Neighborhood streets (C08681), Sunny Lane Neighborhood streets (C08682), and Victoria Drive Neighborhood streets (C08683), including traffic control, crack seal and striping replacement; and, approve a fifteen percent (15%) contingency in the amount of$167,189.54 for unforeseeable construction costs, making the total encumbrance $1,281,788.00; 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. 2024-51 A motion was made by Councilmember Lamb and seconded by Mayor Camevale to approve a contract with Petrochem Materials Innovation, LLC. for $1,114,598.46 to supply and apply Rubber Emulsion Aggregate Slurry (REAS) Cathedral City Page 6 Printed on 4/04/2024 on Panorama Neighborhood streets (C08681), Sunny Lane Neighborhood streets (C08682), and Victoria Drive Neighborhood streets (C08683), including traffic control, crack seal and striping replacement;and, approve a fifteen percent (15%) contingency in the amount of$167,189.54 for unforeseeable construction costs, making the total encumbrance $1,281,788.00; 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: Rita Lamb, Councilmember SECONDER: Mark Carnevale, Mayor AYES: Camevale, Ross, Gregory, Gutierrez, Lamb D. Award Contract to LCR Earthwork & Engineering Corp. for the Cove Crack Repairs Project(C08675) Recommendation: To award a construction contract to LCR Earthwork & Engineering Corp., in the amount of$893,803.35 for the Cove Crack Repairs Project (C08675)and approve a twelve percent(12%) contingency in the amount of$106,196.65 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $1,000,000.00 to be funded with available Assessment District (AD)2004-02 funds; 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. 2024-52 A motion was made by Councilmember Gutierrez and seconded by Councilmember Gregory to award a construction contract to LCR Earthwork & Engineering Corp., in the amount of $893,803.35 for the Cove Crack Repairs Project(C08675) and approve a twelve percent(12%) contingency in the amount of $106,196.65 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $1,000,000.00 to be funded with available Assessment District (AD) 2004-02 funds; 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: Raymond Gregory, Councilmember AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb E. Amendment to Master Schedule of User and Regulatory Fees -Code Compliance Shopping Cart Impoundment Recommendation: Staff recommends the City Council approve a resolution Cathedral City Page 7 Printed on 4/04/2024 amending the fee schedule to add a fee for the impoundment of an abandoned shopping cart. Brad Anderson, Rancho Mirage, feels that this issue should be dealt with like a stolen item, and suggests the city utilize a volunteer group such as Citizens on Patrol to help. He also suggested the City reach out to the offending businesses and the neighboring cities to develop a plan of action. Reso 2024-12 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Ross to approve a resolution amending the fee schedule to add a fee for the impoundment of an abandoned shopping cart. ---, RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Nancy Ross, Mayor Pro Tem AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb F. Adopt Credit Card and Electronic Check Transaction Processing Fees Recommendation: To adopt a Resolution Establishing a Credit Card Transaction Processing Fee and an Electronic (e-check) Fee Brad Anderson, expressed his opposition to the proposed Resolution. Reso 2024-13 A motion was made by Councilmember Gutierrez and seconded by Councilmember Lamb to adopt a Resolution Establishing a Credit Card Transaction Fee and Electronic (e-check) Fee. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb G. Contract to Perform the Annual Comprehensive Financial Report (ACFR)Audit Activities Recommendation: To authorize the City Manager to enter into an agreement with Lance, Soil & Lunghard, LLP to perform the annual financial audit activities for the next three (3)fiscal years with the option to extend up to three (3)additional fiscal years. A motion was made by Councilmember Gregory and seconded by Mayor Pro Tern Ross to authorize the City Manager to enter into an agreement with Lance, Soil and Lunghard, LLP to perform the annual financial audit activities for the next three (3) fiscal years with the option to extend up to three (30) additional fiscal years, with an amendment to the language in the Exhibit "A" section III, which should read as follows: Cathedral City Page 8 Printed an 4/04/2024 Regarding Personnel identified in the Partner labor category above, auditor rotation requirements specified in Government Code (GC) §12410.6(b) apply to public accounting firms providing audit services to local agencies. A local agency shall not employ a public accounting firm to provide audit services to that local agency if the lead audit partner or coordinating audit partner having primary responsibility for the audit, or the audit partner responsible for reviewing the audit, has performed audit services for that local agency for six consecutive fiscal years. Contractor will ensure that no employee, principle, partner, owner, associate or other member of Contractor will serve more than six(6)years in any one of the positions referenced in GC section 124120.6(b), or in any combination of such positions, related to the audit services provided under this Agreement. M.O. 2024-53 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Nancy Ross, Mayor Pro Tern AYES: Carnevale, Ross, Gregory, Gutierrez, Lamb 7. DISCUSSION ON FUTURE AGENDA ITEMS There were no future items discussed. 8. CLOSED SESSION Eric Vail, City Attorney announced that the City Council met in Closed Session during the Study Session portion of the meeting to discuss the following: Conference with Legal Counsel-Anticipated Litigation/Threat of Litigation, Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: One There was no reportable action taken. ADJOURN Mayor Mark Carnevale adjourned the March 27, 2024, City Council Meeting at 7:44 p.m. (A' I/LC 2-14-v) Mayor, City of Cathedral City City Clerk City of Cathedral City Cathedral City Page 9 Printed on 4/04/2024