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HomeMy WebLinkAboutCC Min 2013-01-09 city bwYh[� 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 JANUARY 9, 2013 4:00 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 4:06 p.m. ROLL CALL Present: Council Members Henry, Pettis (via teleconference from the Renaissance Washington Downtown Hotel, 999 9` Street, N.W., Washington. DC for the closed session portion of the meeting only), Toles, and Mayor DeRosa. Absent: Mayor Pro Tem Vasquez. CLOSED SESSION PUBLIC COMMENTS None. SUMMARY OF CLOSED SESSION ITEMS City Attorney Green deemed a summary of the Closed Session item 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 Closed Session. AGENDA APPROVAL The following items were listed on the Closed Session agenda: City Council as Successor Agency 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 City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of January 9, 2013 Page 2 of 9 Property Owners: City Urban Revitalization Corporation Under Negotiations: Property Negotiations City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of January 9, 2013 Page 3 of 9 City Council 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d) (C. Green) Case Name: The Grass Hopper Inc. v. City of Cathedral City Case No. RIC 1212146 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) (C. Green) Case Name: City of Cathedral City v. The Grass Hopper Inc., et al Case No. INC 1206440 Court: California Superior Court for the County of Riverside 4. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d) (C. Green) Case Name: City of Cathedral City v. TODAZE Remedy et. al Case No. INC 1208791 Court: California Superior Court for the County of Riverside 5. CITY COUNCIL — CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION item Pursuant to Government Code Section 54956.9(b) (C. Green) Number of Potential Cases: 1 6. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiator: Tami Scott, Administrative Services Director Represented Employees: 1) Cathedral City Police Officers Association (CCPOA) 7. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957 TITLE OF POSITION: CITY MANAGER RECESS Mayor DeRosa adjourned the Closed Session portion of the meeting at 5:25 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of January 9, 2013 Page 4 of 9 STUDY SESSION CALL TO ORDER Mayor DeRosa called the Study Session portion of the meeting to order at 5:31 p.m. ROLL CALL Present: Council Members Henry and Toles, and Mayor DeRosa. Absent: Council Member Pettis and Mayor Pro Tem Vasquez. MOTION Council Member Henry moved and Council Member Toles seconded a motion to excuse the absences of Council Member Pettis and Mayor Pro Tem Vasquez. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Cathedral City High School Junior Air Force ROTC presented the Colors and Council Member Henry led the Pledge of Allegiance. INVOCATION Council Member Toles offered the Invocation. PRESENTATIONS AND PROCLAMATIONS None. CATHEDRAL CITY HIGH SCHOOL STUDENT REPORTS None. STUDY SESSION AGENDA 1. Receive and discuss recommendations from the Public Arts Commission for an event, exhibition, and reception regarding the Cathedral City artist Agnes Pelton, and other proposed Spring Live Arts events. (A. Howe) (Pg. 1 -2) Allan Howe, Public Arts Commissioner, presented a report on the Public Arts Commissions' plans for the Live Arts series for 2013. Pam Price, Public Arts Commissioner, discussed the art exhibition of Agnes Pelton. Victor Barocas, Public Arts Commissioner, discussed the photography show. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of January 9, 2013 Page 5 of 9 In response to Mayor DeRosa, Mr. Barocas stated the photography show would be held in the Council Chambers. In response to Council Member Henry, Mr. Barocas stated the existing art at City Hall would not be impacted by the photography show. 2. City Council/Staff reports and inquiries of new or ongoing projects. Administrative Services Manager Scott announced that the City had received the Government Finance Officers Association Budget Award for Fiscal Year 2012 -13. Council Member Henry commended staff for its work on the sinking sewer line. City Engineer Simons provided an update on the Ramon Road West project. Community Development Director Pat Milos discussed upcoming work on East Palm Canyon and clean up on Date Palm. He discussed removal of the bus stop and modification to the bus route. RECESS Mayor DeRosa recessed the Study Session at 6:00 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of January 9, 2013 Page 6 of 9 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 6:30 p.m. PRESENTATIONS AND PROCLAMATIONS Mayor Del Guercio presented a proclamation on anti -human trafficking to the Director of SafeHouse. Jennifer O'Farrell, Anti -Human Trafficking Director of Operation SafeHouse, thanked the Council and community for its support. CLOSED SESSION ANNOUNCEMENTS City Attorney Green announced the following actions: Closed Session Item No. 1 - City Urban Revitalization Corporation (CURC): On a motion by Council Member Toles and second by Council Member Henry, approved a motion to recommend to the Board of CURC that it favorably consider a 120 day extension to the Memorandum of Understanding between CURC and the developer of the hotel project, Mr. Sonnenblick. The motion carried 4 -0, with Council Member Pettis participating remotely via telephone, via teleconference and Mayor Pro Tem Vasquez absent. Closed Session Item No. 7 (City Manager): On a motion by Council Member Toles and second by Council Member Henry, the Council adopted a motion directing staff to prepare an employment contract with Andy Hall to serve as City Manager, on certain specified term, and bring said agreement back to open session for approval. The motion carried 4 -0, with Council Member Pettis participating remotely via telephone, via teleconference and Mayor Pro Tem Vasquez absent. PUBLIC COMMENTS Mike Puana, Palm Desert, discussed his proposed therapeutic care business utilizing medical marijuana in Cathedral City, and requested the City' s support. Mario Valareni, Rancho Mirage, discussed his proposed medical marijuana business. Gino Seradelia, Palm Desert, addressed the Council regarding Compassion and Therapeutic Care. There being no additional speakers, Mayor DeRosa closed public comments. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of January 9, 2013 Page 7 of 9 AGENDA FINALIZATION No action was taken. URGENCY ITEMS None. COUNCIL COMMENTS Council Member Toles expressed his condolences to the staff member who had lost a child. He stated there was disagreement on the Council regarding medical marijuana. Mayor DeRosa announced the Desert Princess Country Club fundraiser for the Cathedral City Police Department on February 10, 2013. She stated she attended the Coachella Valley Fitness Challenge. She stated she had to uphold the Federal Law regarding medical marijuana. COMMITTEE ASSIGNMENTS No discussion was held. MINUTES None. CONSENT AGENDA MOTION Council /Board Member Toles moved and Council /Board Member Henry seconded a motion to approve the Consent Calendar. The motion carried 3 -0, Council /Board Member Pettis and Mayor Pro Tem/Vice Chair Vasquez absent. 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 $4,340,026 for the month of December 2012 by M.O. 5082 and M.O. SA -0029. (T. Scott) (Pg. 1 -2) B. CITY COUNCIL City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of January 9, 2013 Page 8 of 9 2. COUNCIL. Adopt a Resolution of the City Council of the City of Cathedral City amending a previously adopted Resolution regarding the use of electronic devices during official meetings of the City Council by Resolution No. 2013 -190 (A. Hall) (Pg. 3 -6) 3. COUNCIL. Authorize approval to amend Joint Powers Agreement with Public Entity Risk Management Authority (PERMA) for the appointment of Treasurer by M.O. 5086. (T. Scott) (Pg. 7 -10) 4. COUNCIL. Approve ratification of a Memorandum of Understanding (MOU) between the City of Cathedral City and the Cathedral City Police Officer Association by M.O. 5083. (T. Scott) (Pg. 11) 5. COUNCIL. Second reading and adoption of an Ordinance, reading by title only, to amend the Cathedral City Municipal Code, Section 8.24 intended to bring the Municipal Code into compliance with new Statewide Floodplain Management Regulations by Ordinance No. 718. (B. Simons) (Pg. 12 -43) 6. COUNCIL. Authorize the Mayor to execute a Cooperative Agreement with Riverside County Flood Control and Water Conservation District for the construction of Palm Springs Line 43 and Lateral 43A by M.O. 5084. (B. Simons) (Pg. 44 -55) 7. COUNCIL. Authorize the City Manager execute an agreement between the City of Cathedral City and Jewish Family Services Operator of Roy's Desert Resource Center for emergency shelter support through use of CDBG funds in the amount of $51,500 by M.O. 5085. (B. Simons) (Pg. 56 -83) 8. COUNCIL. Adopt a Resolution of the City Council of the City of Cathedral City, California, authorizing the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 2024 by Resolution No. 2013 -191. (K. Conner) (Pg. 84 -88) PUBLIC HEARINGS None. LEGISLATIVE ACTION 9. COUNCIL. Consider adopting a Resolution to receive and file the annual AB 1600 Development Fee Report Pursuant to Government Code Section 66006. (T. Scott) (Pg. 89 -92) City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of January 9, 2013 Page 9 of 9 Administrative Services Director Scott presented the staff report. MOTION Council Member Toles moved and Council Member Henry seconded a motion to adopt a resolution to receive and file the annual AB 1600 Development Fee Report Pursuant to Government Code Section 66006 by Resolution No. 2013 -192. The motion carried 3 — 0, Council Member Pettis and Mayor Pro Tem Vasquez absent. COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS Council Member Toles stated he had read the constitution and did not think it addressed medical marijuana. NOTES TO THE PUBLIC Mayor DeRosa announced City Hall hours and wished the community Happy New Year. ADJOURNMENT Mayor DeRosa adjourned the meeting at 6:55 p.m. Approved and adopted by the City Council and City Council serving and the Successor Agency to the Redevelopment Agency on y— // , 2013. ak • HLEEN DE'-OSA, ayor ATTE : • .' Cit/lerk (se.