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HomeMy WebLinkAboutCC Min 2013-06-12 oft MINUTES CITY COUNCIL OF CATHEDRAL CITY AND CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY BOARD 68 -700 Avenida Lalo Guerrero, Cathedral City, CA 92234 JUNE 12, 2013 3:30 P.M. CLOSED SESSION 5:30 P.M. STUDY SESSION 6:30 P.M. REGULAR MEETING CALL TO ORDER Mayor DeRosa called the Closed Session portion of the meeting to order at 3:37 p.m. ROLL CALL Present: Council Members Henry, Pettis, Toles, Mayor Pro Tem Vasquez, Mayor DeRosa. CLOSED SESSION PUBLIC COMMENTS None. SUMMARY OF CLOSED SESSION ITEMS City Attorney Green deemed a summary of the Closed Session items read into the record. There were no changes to the Agenda. Mayor DeRosa opened and closed Public Comments without any comments. The City Council moved into their Closed Session. AGENDA APPROVAL The following items were listed on the Closed Session agenda: A. City Council as Successor Agency City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 2 of 13 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 (T. Scott) Property Location: Parcel Map 32932 Parcel 1, East of Van Fleet Avenue, south of East Palm Canyon Negotiating Parties: Cathedral City Redevelopment Agency and City Urban Revitalization Corporation Property Owners: City Urban Revitalization Corporation Under Negotiations: Property Negotiations B. City Council 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION pursuant to Government Code Section 54956.9 Subd. (d) (N. Hermsen) Case Name: City of Cathedral City v. TODAZE Remedy et. al. Case No.: INC 1208791 Court: California Superior Court for the County of Riverside 3. PUBLIC EMPLOYEE EVALUATION pursuant to Government Code Section 54957 TITLE OF: CITY MANAGER RECESS Mayor DeRosa adjourned the Closed Session portion of the meeting at 5:20 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 3 of 13 STUDY SESSION CALL TO ORDER Mayor DeRosa called the Study Session portion of the meeting to order at 5:28 p.m. PLEDGE OF ALLEGIANCE Mayor Pro Tem Vasquez led the audience in the Pledge of Allegiance. INVOCATION Council Member Toles offered the invocation. ROLL CALL Present: Council Members Henry, Pettis, Toles, Mayor Pro Tem Vasquez, Mayor DeRosa. PRESENTATIONS AND PROCLAMATIONS Green Technology's Prestigious Leadership Award was presented to the City of Cathedral City for its Energy Action Plan in the area of Energy Efficiency. Council Member Pettis was in attendance when this award was presented in Chicago. A summary of the City's projects, including the solar panels on top of the parking structure in 2004, Desert City Partnership, Dream Homes, and others were reviewed. Special Presentations: 2012 American Planning Association Grassroots Initiative Award awarded to the City of Cathedral City for the Environmental Conservation Division's (ECD) wildly popular Kids and Community Program. Council Member Pettis was in attendance when this award was presented in Chicago. A summary of the award ceremony, including a video was presented. PUBLIC COMMENTS Alan Worthy, Palm Springs, described his play, "Life in the Park" that he is hoping to premier here in Southern California, and he plans to have it in Cathedral City before Los Angeles. David (no last name given.) Cathedral City, stated that Coachella Valley Water District (CVWD) had turned his water off over a $30 late payment, and he didn't think it was right. Mayor DeRosa, hearing no one else wishing to speak, closed Public Comments. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 4 of 13 STUDY SESSION AGENDA 1. Receive introduction and update on Rancho Mirage High School by Dr. Ken Wagner, Principal. (A. Hall) City Manager Andy Hall introduced Dr. Ken Wagner, the Principal of the new Rancho Mirage High School, located on Rattle Snake Lane in Rancho Mirage. Dr. Ken Wagner, gave a presentation on the new facility. While this school is located in Rancho Mirage, it will have a great number of students from Cathedral City and throughout the PSUSD. 2. Receive status update from Interfusion Music Summit (IMS.) (P. Milos) Community Development Director Pat Milos stated that on October 3 -6 the Interfusion Music Summit (IMSfest) is scheduled that will be put on by the AEU Media Group. Alan Edwards, AEU Media Group of Palm Springs provided an overview of the improvements and the content of the program. 3. Update from the Public Arts Commission. (P. Milos) Community Development Director Pat Milos introduced Marilyn Cooper and Jim Cox from the Public Arts Commission. Marilyn Cooper, Chair of the Public Arts Commission, Palm Springs stated that the Public Arts Commission (PAC) is going to bring forth a recommendation of an installation of a painting from its permanent collection to be installed at Cathedral City Library. The watercolor painting by artist Sid Newsome titled "Colorful Fountain" dated 2011, and requested approval from the Council to move forward. Council Member Henry requested that along with the painting to have a plaque or something next to it that says, "If you want to see the real fountain, here is where to go ..." Ms. Cooper advised that she would put that on the label, along with information about the Artist, so it would be very informative and refer to Town Square. Mayor DeRosa asked if the Council had any objections to the PAC moving forward. Hearing none, Ms. Cooper was advised that the commission should move forward. Jim Cox, Cathedral City Public Arts Commission Member, Cathedral City made a presentation about a new Sculptural Project for Cathedral City. by the Artist Simi Dabah. Council Member Pettis asked if there had been any more discussion about adding additional sculptures at Patriot Park. Marilyn Cooper, Chair of the Public Arts City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 5 of 13 Commission, discussed the options that the Commission had considered, and stated the Commission would work with Council Member Pettis in the future. Mayor DeRosa asked the Council if there were any objections. Hearing none, Ms. Cooper was advised that the commission should move forward. 4. Discussion of the EPA Grant for sewer planning and design, and a Proposition 84 Grant for Perez Road sewer. (P. Milos) Community Development Director Pat Milos and City Engineer Bill Simons described two sewer grants. The Perez Road Sewer Project was described, including costs and Desert Water Agency's (DWA's) connection fees, discussions with property owners, and the possibility of DWA waiving or postponing monthly service charge or other possibilities (DWA is the lead in the project, and is considering requests at their board meeting tonight.) The EPA Grant for designing sewers for various areas (Square Mile / DeAnza / Rancho Vista areas) was discussed. The grant is a 45/55 match, and funding has not been budgeted. In 1988, the City did some preliminary plans to establish an assessment district; 40% of the properties did not support the Assessment District, so the plans were not pursued at that time. It was recommended that the grant be turned back, and that the sewer companies be more involved in the project, as the City has preliminary plans that can be utilized with minor modifications. Council Members discussed ways to involve Council Members earlier in the process with property owners, and in lobbying elected officials of the water agencies, who have the financial capacity to accomplish the projects. Council members discussed more community engagement in the affected areas, and the goal of assisting property owners to address failing septic systems. RECESS Mayor DeRosa recessed the Study Session portion of the meeting at 6:40 pm. Mayor DeRosa reconvened the Study Session at 8:00 p.m. The meeting reconvened with all Council Members present. 5. Economic Development and Marketing: Receive video clips of Cathedral City businesses and residents. (L. Lukes) (Pg. 2) The Study Session was adjourned at 8:06 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 6 of 13 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY BOARD CALL TO ORDER Mayor DeRosa called the Regular meeting of the City Council to order at 6:45 p.m. PRESENTATIONS AND PROCLAMATIONS None. CLOSED SESSION ANNOUNCEMENTS City Attorney Green advised there were no reportable actions out of Closed Session. PUBLIC COMMENTS James Price, Cathedral City, addressed zoning in our downtown and surrounding area John Stevens, Thousand Palms, stated that Palm Desert is doing a feasibility study to take over up to Cook Street. He also spoke about cameras to catch speeders (cars) on Dinah Shor and Cathedral City High School. Jens Mueller, Cathedral City, spoke about City financing, pensions, and County Police and Fire services. Roy Nooks, Thousand Palms, spoke about Ca1PERs and pensions. Robert Galarza, Palm Springs, thanked the city for the support of the AMFMFest, and invited all to join the festival tomorrow night at 6:00 p.m., at the Pickford Theatre. There being no additional speakers, Mayor DeRosa closed public comments. AGENDA FINALIZATION No action was taken. URGENCY ITEMS None. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 7 of 13 COUNCIL COMMENTS Council Member Toles brought greetings from the Council and Mayor of Winnipeg, where he attended a Council Meeting. He spoke about Public Safety, and balancing the budget and addressing City finances. He spoke of a charity in Buffalo to benefit parks. Council Member Henry challenged other Council Members to race Acceleration race cars tomorrow night to raise funds for local charities. Council Member Pettis discussed not changing the City's sphere of influence, and the commitment to Thousand Palms to merge the two communities together. He also spoke of a community meeting for Cove residents on the 18th at 6:30 p.m. at the Senior Center. He provided an electronic petition from the Cove residents regarding the pawn shop to Council and City Clerk. Mayor Pro Tem Vasquez thanked staff for mitigating the traffic congestion as a result of the Ramon Road construction. He also spoke regarding about Fireworks sales and regulations. Mayor DeRosa spoke about Memorial day celebrations and the Elks Lodge car show, Vietnam Veterans activities, and Flag Day. She thanked Agua Caliente Tribe of Cahuilla Indians, for their contribution for the Ramon Road construction project. A Fire Department employee, Rhonda Guillaume, is running to raise funds for Multiple Sclerosis, and she wished her well. COMMITTEE ASSIGNMENTS No discussion was held. MINUTES Minutes of April 24, 2013 were accepted as presented. Minutes of May 22, 2013 were accepted as presented. CONSENT AGENDA Council /Board Member Toles requested Consent Calendar Item No. 6 to be pulled for individual consideration. MOTION Mayor Pro Tem/Vice Chair Vasquez moved and Council /Board Member Toles seconded a motion to approve the Consent Calendar, with the exception of Item No. 6. The motion carried unanimously. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 8 of 13 The Consent Calendar consisted of the following items: A. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD: 1. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD. Receive and File payment of Claims and Demands in the aggregate sum of $3,670,800 for the month of May 2013 by M.O. 6125 and M.O. SA -0034. (T. Scott) (pg. 1 -2) B. CITY COUNCIL: 2. COUNCIL Adopt Resolutions authorizing the submittal of an application, and implementation documents to the California State Department of Housing and Community Development for funding under the HOME Investment Partnership Program for the benefit of Southern California Housing Development Corporation ( "CORE ") to participate in the Home Investment Partnership Program by Resolution No. 2013 -215 and Resolution No. 2013- 223.(P. Milos) (Pg. 3 -5) 3. COUNCIL. Adopt a Resolution of the City of Cathedral City Community Facilities District No.2000 -1 establishing Annual Special Tax Fiscal Year 2013/2014 by Resolution No. 2013 -216 (Rio Vista). (T. Scott) (Pg. 6 -11) 4. COUNCIL. Authorize rejection of all bids received for the construction Whitewater Park improvements City Project No. 7012, direct staff to revise the contract documents and re- advertise the contract M.O. 6126. (P. Milos) (Pg. 14) 5. COUNCIL. Authorize rejection of all bids received for the construction of the Fountain of Life City project No. 7013, direct staff to revise the contract documents and re- advertise the contract by M.O. 6127. (P. Milos) (Pg. 20) 7. COUNCIL. Adopt a resolution supporting re- designation of Riverside County as a Recycling Market Development Zone (RMDZ) Resolution No. 2013 -218. (L. Lukes) (Pg. 35 -42) 8. COUNCIL. Review of application and adoption of a resolution approving the applications allowing the sale of Safe and Sane Fireworks in Cathedral City Resolution No. 2013 -219. (R. Van Nortrick) (Pg. 47) City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 9 of 13 9. COUNCIL. Adopt a Resolution authorizing the City Manager, Fire Chief, or Administrative Services Director to file an application with the California Emergency Management Agency for the purpose of obtaining federal assistance under Public Law 93- 288 as amended by Robert T. Strafford Disaster Relief and Emergency Assistance Act of 1988, and/or State Financial Assistance under the California Disaster Assistance Act Resolution No. 2013 -220. (R. Van Nortrick) (Pg. 51) The following item was pulled from the Consent Calendar for individual consideration: 6. COUNCIL. Approve to adopt a resolution of Effectiveness /Public Interest between the City of Cathedral City and NAI Consulting, Inc., and approve a Professional Services Agreement to provide engineering and management services, project administration, and technical oversight, on a Time and Material basis. (P. Milos) (Pg. 15 -34) Council Member Toles inquired about the Effectiveness / Public Interest finding in the Resolution. Community Development Director Pat Milos stated that the finding was required because this project had not been advertised for due to the unique knowledge and experience of City Projects NAI Consulting to provide these services. Nick Nickerson, Cathedral City, owner for NAI Consulting, provided information about the requirement for this Effectiveness /Public Interest finding, being a federally - funded project. The City Attorney confirmed the statements from a legal perspective. Mayor DeRosa opened the item for public comment. There being no speakers, Mayor DeRosa closed public comment. MOTION Council /Board Member Toles moved and Mayor Pro Tem/Vice Chair Vasquez seconded a motion to adopt a resolution of Effectiveness /Public Interest between the City of Cathedral City and NAI Consulting, Inc., and approve a Professional Services Agreement to provide engineering and management services, project administration, and technical oversight, on a Time and Material basis by Resolution No. 2013 -213 and M.O. 6128. The motion carried unanimously. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 10 of 13 PUBLIC HEARINGS 10. COUNCIL. Consider First Reading and Introduction of an Ordinance of the City Council of the City of Cathedral City, reading by title only, to become effective only upon occurrence of the conditions specified herein, amending Chapters 9.108, 9.40, 9.36 and section 13.80.240 of the Cathedral City Municipal Code, and repealing Ordinance numbers 721 and 722 to provide for the permitting and regulation of medical marijuana dispensaries in specified zones of the city by issuance of a conditional use permit. (C. Green) (Pg. 48- 157) City Attorney Charles Green stated that the City's ordinance totally banning medical marijuana dispensaries is still effective and is still in place. The California Supreme Court has recently ruled that total bans are legal. This item is the continuation of the backup ordinance regulating this type business, if the City's ban for medical marijuana dispensaries is overturned. This ordinance will have no effect, unless and until the ordinance banning medical marijuana businesses is lifted by the City. Mayor DeRosa opened the public hearing. Gino Seradelia, Palm Desert, spoke in favor of compassionate therapeutic care and allowing medical marijuana access. Jens Mueller, Cathedral City, spoke against "pot shops," and said he was against opening any storefront offering a drug that is outlawed by the Federal government. Tim Weatherwax, Palm Springs, Director of the Spot Collective, requested the City suspend all litigation against the current pot shops, and requested that wording in section 1 be changed from "conditional effectiveness" to "effective immediately." Mayor DeRosa closed the public comment portion of the hearing. Council Member Toles requested clarification from the City Attorney that this ordinance would be only effective if the Council removes the ban on medical marijuana dispensaries (or the ban was removed for any reason.) He spoke in favor of allowing medical marijuana dispensaries in the City, requested a vote in July lifting the ban, and said that Palm Springs allows dispensaries. Council Member Pettis requested clarification from the City Attorney about removing the contingency from this ordinance, and that change would not remove the ban. He spoke in favor of allowing medical marijuana dispensaries in the City. Council Member Henry spoke in opposition of allowing medical marijuana dispensaries in City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 11 of 13 the City, and stated that the State law is flawed, and there is no way to regulate recreational use. He stated that a Cathedral City Police Officer had been killed by a driver under the influence of marijuana. Mayor Pro Tem/Vice Chair Vasquez stated it is hard to separate his personal feelings from my role as a Council Member, and discussed his efforts to research the effect and impacts on the community, regulation, and the youth. He stated the "medical recommendation" (vs. a prescription,) doesn't work, and the State law was poorly written. Mayor / Chair DeRosa clarified that this ordinance is for the regulation only, not lifting the ban. MOTION Council Member Henry moved and Council Member Toles seconded a motion to Introduce an Ordinance of the City Council of the City of Cathedral City, to become effective only upon occurrence of the conditions specified herein, amending Chapters 9.108, 9.40, 9.36 and section 13.80.240 of the Cathedral City Municipal Code, and repealing Ordinance numbers 721 and 722 to provide for the permitting and regulation of medical marijuana dispensaries in specified zones of the city by issuance of a conditional use permit by M.O. 6129. The motion carried unanimously. 11. COUNCIL. Consider adoption of resolutions to approve the final engineer's report and renew assessments in sixteen (16) existing benefit zones within the Landscape and Lighting Maintenance District for Fiscal Year 2013/2014. (T. Scott) (Pg. 158 -205) Tami Scott, Administrative Services Director, confirmed this was housekeeping item. Mayor DeRosa opened the public hearing. There being no speakers, Mayor DeRosa closed the public hearing. MOTION Mayor Pro Tem/Vice Chair Vasquez moved and Council Member Pettis seconded a motion to COUNCIL. Consider adoption of resolutions to approve the final engineer's report and renew assessments in sixteen (16) existing benefit zones within the Landscape and Lighting Maintenance District for Fiscal Year 2013/2014 by Resolution No.'s 2013 -221 and 2013 -222. The motion carried unanimously. 1 City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 12 of 13 LEGISLATIVE ACTION 12. COUNCIL. Consider authorizing the purchase of two new 2013 Leader LI, Type II ambulances with Ford E350 chassis and V -10 engines from Leader Industries in the amount of $203,609.88. (R. Van Nortrick) (Pg. 206 -208) Robert Van Nortick, Fire Chief reviewed the need to purchase the new ambulances and stated that these were provided for in the budget, and discussed the style of the new ambulance, and stated they could possibly offset the cost of the purchase. Mayor DeRosa opened the floor to public comments. There being no speakers, Mayor DeRosa closed public comments. MOTION County Member Henry moved and Mayor Pro Tem/Vice Chair Vasquez Pettis seconded a motion to authorize the purchase of two new 2013 Leader LI, Type II ambulances with Ford E350 chassis and V -10 engines from Leader Industries in the amount of $203,609.88 by M.O. 6130. The motion carried unanimously. 13. COUNCIL. Consider authorizing the purchase of Telestaff Enterprise V2 from Kronos Inc., utilizing grant funding received from the Agua Caliente Band of Cahuilla Indians. (R. Van Nortrick) (Pg. 209 -212) Robert Van Nortrick, Fire Chief stated that a grant from the Agua Caliente Band of Cahuilla Indians has allows the City to purchase an automated staffing software would allow the department to focus more on mission -based responsibilities, and better serve the public in a disaster. Mayor DeRosa opened the floor to public comments. There being no speakers, Mayor DeRosa closed public comments. MOTION County Member Pettis moved and Mayor Pro Tem/Vice Chair Vasquez seconded a motion to move authorize the purchase of Telestaff Enterprise V2, from Kronos Inc., utilizing grant funding received from the Agua Caliente Band of Cahuilla Indians by M.O. 6131. The motion carried unanimously. Mayor DeRosa asked Chief Van Nortrick to express the City's thanks to the Agua Caliente Band of Cahuilla Indians. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of June 12, 2013 Page 13 of 13 PUBLIC COMMENT Mayor DeRosa stated that even though the Public Comment period had ended, she had received a speaker slip, and called Steve Vogelsang to the podium. Steve Vogelsang, Cathedral City, expressed his objection that there have been no fines on anyone who has not hooked up to the sewer, when he had to pay $7,500 to do so. He stated that 450 — 500 people in the City that have not hooked up to the sewer. COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS ADJOURNMENT Mayor DeRosa adjourned the meeting to the Study Session R g y Room at 8:00 p.m. Approved and adopted by the City Council and City Council serving and the Success 9r Agency to the Redevelops ent Agency on ,092', , 2013. -frig 1 LEEN DE i SA, ra ATT : D / ty Ci Jerk � seal)