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HomeMy WebLinkAboutCC Min 2013-05-08 Cat Cr 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 MAY 8, 2013 5:30 P.M. CLOSED SESSION 6:00 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 5:31 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: 1.A. City Council as Successor Agency None. 1.A. City Council 1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d) (N. Hermsen) Case Name: City of Cathedral City v. The Grass Hopper et. al Case No. INC 1206440 Court: California Superior Court for the County of Riverside City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 2 of 12 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d) (N. Hermsen) Case Name: City of Cathedral City v. Desert Dank Deals, et. al Case No. INC 1300119 Court: California Superior Court for the County of Riverside 3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION Pursuant to Government Code Section 54956.9(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 RECESS Mayor DeRosa adjourned the Closed Session portion of the meeting at 5:55 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 3 of 12 STUDY SESSION CALL TO ORDER Mayor DeRosa called the Study Session portion of the meeting to order at 6:00 p.m. ROLL CALL Present: Council Members Henry, Pettis, Toles, Mayor Pro Tem Vasquez, Mayor DeRosa. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Cathedral City High School Junior Air Force ROTC presented the Colors and Mayor Pro Tem Vasquez led the Pledge of Allegiance. INVOCATION Council Member Toles offered the Invocation. PRESENTATIONS AND PROCLAMATIONS Matt Cauthron, Visual Arts Technology Academy, Data Skills USA, Advisor at Cathedral City High School, introduced 5 of the 7 State Gold Medalists and explained the program. Cathedral City High School students discussed the competition, success and skills learned from Skills USA. Mayor DeRosa thanked Mr. Cauthron for the program and she congratulated the students on their accomplishments. STUDY SESSION AGENDA 1 a. Receive presentation from Palm Springs Sustainability Commission, Michael Harris, regarding the implications on use of plastic bags and plastic in general to our environment. (A. Hall). Michael Harris, Palm Springs Sustainability Commission, discussed the goal to partner with Cathedral City on a plastic bag ban. Kate Castle, Chair of the Palm Springs Sustainability Commission on Waste Reduction, discussed the impacts of plastic bags. She requested the Council support the Coachella Valley initiative. Council Member Pettis disclosed that his cousin was a Sacramento based lobbyist for the American Chemistry Council. In response to Council Member Pettis, Ms. Castle City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 4 of 12 explained that each city could adopt its own ordinance or the group as a whole. Council Member Pettis suggested a concerted effort. Council Member Toles disclosed that he worked for a sustainable company. He acknowledged the problem but suggested education and advocating better individual choices. Ms. Castle discussed benefits to the stores by eliminating plastic bags. Council Member Toles discussed the prohibition of smoking on airplanes. Mayor Pro Tem Vasquez stated some stores had already taken the lead on reducing plastic bags. He asked if education was provided regarding cleaning reusable bags. Mr. Harris discussed the education component. Mayor DeRosa deferred discussion of Study Session Item Nos. 2 and 3 until after the regular meeting. PUBLIC COMMENTS Allan Worthy, Palm Springs, announced his play, Life in the Park, and production company, Vitality Vision Productions. Theresa Hooks, Cathedral City, discussed integrity and actions by Council Members. Simeon Den, Cathedral City, questioned whether it was appropriate for Ms. Hooks to address the Council during the Study Session portion of the meeting. 1. Receive presentation by the Project Design Team on bridge aesthetic concept(s) for the Ramon Road and Landau Bridges approved by both Palm Springs and Cathedral City Public Art Commission. Inquire if Cathedral City Council needs or wants to elevate the aesthetic design previously approved. (P. Milos) Savat Khamphou, the Assistant Director of Public Works for the City of Palm Springs, explained the purpose of presenting the design to Cathedral City. Phillip Smith III and Heath Satow, project artists, presented the proposed Ramon Bridge widening design. Council Member Toles stated the design should be timeless. Mayor DeRosa expressed appreciation for the presentation. She stated no vote could be taken. Mr. Khamphou requested an official letter on the Council's opinion. Mayor DeRosa suggested placing the matter on an upcoming Consent Calendar. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 5 of 12 In response to Council Member Pettis, Mr. Khamphou stated the matter would be presented to the Palm Springs City Council after Cathedral City provided input. 2. City Council /Staff reports and inquiries of new or ongoing projects. Council Member Henry stated he would be pulling Consent Calendar Item Nos. 8 and 9 (during the regular portion of the meeting.) RECESS Mayor DeRosa recessed the Study Session at 7:05 p.m. Mayor DeRosa reconvened the Study Session at 8:45 p.m. The meeting reconvened with all Council Members present. Discussions were held on the following topics: 2. AB 109 update. (K. Conner) 3. Discussion of Biennial Budget. (T. Scott) The Study Session was adjourned at 10:00 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 6 of 12 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 7:06 p.m. PRESENTATIONS AND PROCLAMATIONS The "2012 American Planning Association Grassroots" and "Green Technology Prestigious Leadership Award" were removed from the agenda for consideration at the June 2013 meeting. CLOSED SESSION ANNOUNCEMENTS City Attorney Green stated there was no reportable action taken. PUBLIC COMMENTS Matthew Hernandez, Cathedral City, discussed his mother's medical marijuana dispensary business and requested the Council consider his business license application. Dylon Hernandez, Cathedral City, requested the Council consider the location of medical marijuana dispensaries and that they be self - sustaining and give back to the community. Jens Mueller, Cathedral City, discussed the arrest of Mayor Pro Tem Vasquez. RECESS The meeting reconvened with all Council Members present. City Manager Hall stated the Council's rules of decorum did not allow personal attacks. Steve Ellington, Cathedral City, requested the Council Members accused of inappropriately spending money resign. He questioned the status of the recommendations presented during the budget hearings. Tim Parrott, Cathedral City, stated charges against the Council Members had not yet been adjudicated, and should be innocent until proven guilty. John Donnally, Thousand Palms, suggested various Ice Castle events, which could be a major tourist attraction. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 7of12 Paul Marchand, Cathedral City, addressed the Council regarding accusations against Council Members, and associated himself with Tim Parrott. Tyrone Pierson, Cathedral City, reminded the Council to maintain cohesion. Frank Riela, Cathedral City, addressed the Council regarding improper use of City funds. He requested the Council conduct a full investigation of misappropriation or misuse of City funds. Steve Rosenberg, Palm Springs, discussed Desert Sun articles regarding misuse of City funds. He stated travel on behalf of the City was appropriate. There being no additional speakers, Mayor DeRosa closed public comments. AGENDA FINALIZATION Mayor DeRosa stated Item Nos. 8 and 9 were being pulled from the Consent Calendar and Item No. 10 was being continued. URGENCY ITEMS None. COUNCIL COMMENTS Council Member Toles discussed service to the City and base political discourse. He described various projects and improvements in the City, and the excellent work of employees. He stated he served because he loved Cathedral City. Council Member Henry echoed Council Member Toles' comments. He discussed legal cases regarding ordinances regarding public comment appropriateness in other cities and suggested the City's ordinance be reviewed at a study session. Council Member Pettis discussed funding for the future passenger rail system in the Coachella Valley. Mayor Pro Tem Vasquez discussed Mr. Worthy's play, Life in the Park. He encouraged residents to participate in the letter carriers' food drive. Mayor DeRosa congratulated Council Member Pettis for his election as Chair of Southern California Association of Governments (SCAG.) She concurred with Council Member Toles. She thanked City Manager Hall for his work. COMMITTEE ASSIGNMENTS City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 8of12 No discussion was held. MINUTES None. CONSENT AGENDA Mayor DeRosa stated Consent Calendar Item Nos. 8 and 9 would be pulled for individual consideration and Item No. 10 would be deferred. MOTION Council /Board Member Toles moved and Mayor Pro Tem/Vice Chair Vasquez seconded a motion to approve the Consent Calendar with the exception of Item Nos. 8 and 9. The motion carried unanimously. The Consent Calendar consisted of the following items: A. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD: 1. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD. Approve a Resolution of Summary Vacation of unused utility easements, from the previous vacations of various alleys and streets, affecting properties owned by the former Redevelopment Agency of the City of Cathedral City by Resolution No. 2013 -204 and Resolution SA- 2013 -0004. (P. Milos) (Pg. 1 -10) B. CITY COUNCIL 2. COUNCIL. Approve adoption of a Resolution authorizing and directing the City Clerk to destroy specified records pursuant the City's Records Retention Schedule by Resolution No. 2013 -205. (K. Conner) (Pg.11 -56) 3. COUNCIL. Authorize purchase of vehicle for Post - Release Accountability Compliance Team Task Force (P.A.C.T. Team) Supervisor. As a pass through for the State, 100% of the costs are reimbursed by realignment funds through the County Probation Department by M.O. 5115. (K. Conner) (Pg.57 -59) 4. COUNCIL. Approve adoption of a Resolution of the City Council of Cathedral City, CA, supporting "Get Tested Coachella Valley/Hazte la Prueba Valle de Coachella" initiative. A campaign dedicated to dramatically reduce local transmission of HIV by Resolution No. 2013 -206. (Mayor DeRosa) (Pg. 60 -61) 5. COUNCIL. Approve designation of "F" Street as "Agnes Pelton Way ". (P. Milos) (Pg.62 -64) City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 9 of 12 6. COUNCIL. Approve invitation to bid for replacement of the soft surface on the Fountain of Life with CDBG funds by M.O. No. 5116. (P. Milos) (Pg. 65 -66) 7. COUNCIL. Approve final acceptance of the Ramon Road Median Landscape and Irrigation CIP 1003; and authorize the City Manager to execute Notice of Completion and authorize the release of held retention funds to Earth Sculptures, Inc. by M.O. No. 5117. (P. Milos) (Pg. 67 -69) The following items were pulled from the Consent Calendar for individual consideration and heard concurrently: 8. COUNCIL. Receive report of intended travel from Council Member Pettis: a. American Public Transportation Association (APTA), 2013 Rail Conference, June 2- 5, 2013, Philadelphia, PA. Trip fully funded by RCTC; b. NLC Board of Directors Meeting & Summer Policy Forum, June 27 -29, 2013, Washington, DC, NLC and LOCC partially funding trip; c. LGBT Leaders Conference 2013, December 5 -8, 2013, Denver, CO; and d. LOCC Annual Conference & Expo, September 18 -20, 2013, Sacramento, CA. 9. COUNCIL. Receive report of intended travel for Council Member Toles: a. Nat'l League of Cities, Congress of Cities and Expo 2013, November 11 -16, 2013, Seattle, WA; and, b. LGBT Leaders Conference 2013, December 5 -8, 2013, Denver, CO. Council Member Pettis clarified that funding for item b, the NLC Board of Directors Meeting and Summer Policy Forum, was being partially paid for by SCAG and the League of California Cities. Council Member Toles stated he would be personally paying for his lodging and incidentals. Council Member Henry stated he had requested the items be pulled due to recent newspaper articles. He requested the City Manager or Finance Director provide an overview of the finances. He explained the Council travel budget and travel funded by outside agencies. City Manager Hall presented a chart regarding the allocation of Council travel funds. He discussed travel expenses for Council Member Pettis and stated his travel budgets were balanced. Council Member Henry commended the Finance Department and Administrative Services Manager Scott, who demanded strict compliance and documentation when he served as Police Chief for the City. Council Member Toles stated all Councilmembers place their proposed travel expenses on the Council Agenda, and past votes had been unanimous. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 10 of 12 Mayor DeRosa clarified that the Council received and filed the information regarding Council travel in order to inform the public. City Manager Hall stated staff met with the Desert Sun and they understood that there was no discrepancy. Council Member Henry stated the Finance Department was professional and had won many audit awards. Mayor Pro Tem Vasquez stated he did not travel, rather allocated his budget to other Council Members. He discussed the Desert Sun articles and indicated he was not asked to provide input. He expressed disappointment that only one Council Member had spoken with the Desert Sun. Council Member Henry stated personal travel budgets should not have to be approved by the Council. He stated the unassigned travel budget should be reviewed and approved by the Council. He stated the Council should not be approving expenditures paid for by outside agencies. The Council discussed whether the travel expenses of Council Members should be a receive and file item, rather than an approval item, in the same manner as the minutes. Council Member Pettis discussed the inaccuracies Desert Sun articles. He discussed the elimination of the City's lobbyist, saving over $100,000 annually, and that council members were fulfilling that role, hence the higher travel expenses. He stated 2/3 of his expenses were paid for by other agencies. He discussed transparency of his travel. Chip Yarborough, Cathedral City, stated he was vocal about Council travel during his mayoral campaign. He stated travel budgets should be reduced when staff layoffs were occurring. Paul Marchand, Cathedral City, stated the Council needed to be present when decisions were made about the City. He stated public servants should not be required to pay for City travel expenses. Theresa Hooks, Cathedral City, questioned why two members needed to attend the LGBT conference and what it had to do with the City. In response to Ms. Hooks, City Manager Hall stated each Council Member had been reduced to $3,000 for annual travel. Sonya Marchand, Cathedral City, thanked Council Member Pettis' for representing the City and assisting with City projects being completed. She discussed her involvement and travel expenses for the public good of alternative fuel and transportation. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 11 of 12 Simeon Den, Cathedral City, stated the Desert Sun articles were counter- productive. He requested the Mayor make a public statement indicating the matter was cleared up. John Stevens, Thousand Palms, indicated support for Council Member Pettis, and his promotion of Cathedral City. MOTION Council Member Henry moved and Mayor Pro Tem Vasquez seconded a motion to: 1) Receive and file report of intended travel from Council Member Pettis: a. American Public Transportation Association (APTA), 2013 Rail Conference, June 2 -5, 2013, Philadelphia, PA. Trip fully funded by RCTC; b. NLC Board of Directors Meeting & Summer Policy Forum, June 27 -29, 2013, Washington, DC, SCAG and LOCC partially funding trip; c. LGBT Leaders Conference 2013, December 5 -8, 2013, Denver, CO; and d. LOCC Annual Conference & Expo, September 18 -20, 2013, Sacramento, CA. and 2) Receive and file report of intended travel for Council Member Toles: a. Nat'l League of Cities, Congress of Cities and Expo 2013, November 11 -16, 2013, Seattle, WA; and, b. LGBT Leaders Conference 2013, December 5 -8, 2013, Denver, CO. The motion carried unanimously. Mayor DeRosa encouraged the public speak positively about the City, and stop attacking each other. She discussed the successful projects of the City over the past 15 years. PUBLIC HEARINGS 10. COUNCIL. Consider adoption of, and reading by title only, an Urgency Ordinance of the City Council of the City of Cathedral City, to become effective only upon occurrence of the conditions specified herein, Amending portions of Chapters 9.108, 9.40, 9.36 and 9.30 of Title 9, Planning and Zoning, and Section 13.80.240 of Title 13, Code Enforcement and Remedies, of the Cathedral City Municipal Code to revise the Permitting and Regulation of Medical Marijuana Dispensaries in Specified Zones of the City by Requiring a Conditional Use Permit. (P. Milos) (Pg. 70 -142) Item No. 10 was pulled from the agenda. LEGISLATIVE ACTION 11. COUNCIL. Consider approval of Street Landscape and Lighting Maintenance District (LLD) No. 1: and Adoption of Resolutions to renew assessments in sixteen (16) existing benefit zones (Zones 1 through 54) within the Maintenance District for Fiscal Year 2013/2014. Administrative Services Manager Scott presented the staff report. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of May 8, 2013 Page 12 of 12 Mayor DeRosa opened the public hearing. There being no speakers, Mayor DeRosa closed the public hearing. MOTION Council Member Toles moved and Council Member Henry seconded a motion to approve Street Landscape and Lighting Maintenance District (LLD) No. 1 and adoption of resolutions to renew assessments in sixteen (16) existing benefit zones (Zones 1 through 54) within the Maintenance District for Fiscal Year 2013/2014. by Resolutions No.'s 2013 -207, 2013 -208, 2013 -209. The motion carried unanimously. COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS ADJOURNMENT Mayor DeRosa adjourned the meeting to the Study Session Room at 8:31 p.m. Approved and adopted by the City Council and City Council serving and the S ce or Agency to the Redevelop -,, ent Agency on 0 7 / /I , 2013. 4 i ! - 9-- KA ' LEEN DERO: • , Mayor ATTEST: - - , ' 1 C Clerk i /(seal)