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HomeMy WebLinkAboutCC Min 2012-11-14 OP' t City 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 NOVEMBER 14, 2012 5:00 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 5:02 p.m. ROLL CALL Present: Council Members England, Pettis, Toles, Mayor Pro Tem Vasquez and 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 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 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 November 14, 2012 Page 2 of 9 City Council 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 (C. Green and N. Hermsen) Property Location: 31837 Avenida Alvera, Cathedral City Negotiating Parties: Charles Green, City Attorney, and Nicholas Hermsen, Deputy City Attorney Property Owners: City of Cathedral City and Bank of America Under Negotiations: Property Negotiations 3. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) (C. Green) Case Name The Grass Hopper Inc. v. City of Cathedral City Case No.: Case No. RIC 1212146 Court: California Superior Court for the County of Riverside 4. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) (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 5. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code Section 54957.6 Agency Negotiator: Donald Bradley, City Manager Represented Employees: 1) Cathedral City Police Officer Association (CCPOA) RECESS Mayor DeRosa adjourned the Closed Session portion of the meeting at 5:45 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of November 14, 2012 Page 3 of 9 STUDY SESSION CALL TO ORDER Mayor DeRosa called the Study Session portion of the meeting to order at 6:02 p.m. ROLL CALL Present: Council Members England, Pettis, Toles, Mayor Pro Tem Vasquez and Mayor DeRosa. Mayor DeRosa requested the family of Don Reid, Arts Commissioner, be kept in thoughts. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Cathedral City High School Junior Air Force ROTC presented the Colors and Council Member England led the Pledge of Allegiance. INVOCATION Council Member Toles offered the Invocation. PRESENTATIONS AND PROCLAMATIONS None. CATHEDRAL CITY HIGH SCHOOL STUDENT REPORTS None. PUBLIC COMMENTS None. STUDY SESSION AGENDA 1. Update on status of Public Works projects related to Public Property and Right -of- Way beautification. (A. Hall) (Pg. 1) Director of Community Development Hall stated staff was working to combine Engineering and Economic Development efforts with Public Works. Public Works Manager Milos provided an overview of beautification project. He provided examples of recent completed projects. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of November 14, 2012 Page 4 of 9 Director of Community Development Hall discussed maintenance costs for unimproved properties. He stated the projects were included in the budget. In response to Mayor DeRosa, Public Works Manager Milos stated the projects would be completed one section at a time and the three corridor improvements would be completed within a year. Mayor DeRosa discussed available volunteer organizations. Council Member Toles stated he would like to be participate in cleaning up Panorama Mounds. He discussed the importance of neighborhood engagement. Mayor DeRosa requested the City Clerk inform candidates to remove campaign signs. 2. City Council /Staff reports and inquiries of new or ongoing projects. None. COUNCIL COMMENTS Council Member Toles wished the community a marvelous Thanksgiving. He discussed his commitment to shop locally and shop small. Council Member England wished everyone a happy Thanksgiving. He encouraged residents to utilize the services. He discussed the opening of the Salvation Army Red Kettle event and encouraged residents to support the program Council Member Pettis discussed the recent Human Fields event. He discussed recent County Transportation Committee and SCAG meetings. Mayor Pro Tem Vasquez announced Thanksgiving on the Parking Lot. He discussed the CVAG homelessness meeting. Mayor DeRosa reminded residents of the Chamber Open House. She thanked those that contributed to the Veterans Day event. She announced the Bandarama event at the High School. She stated she attend the 6 Annual Philanthropy Awards. She stated she attended the Literacy Luncheon. She stated Papa Joes held its grand opening. She encouraged residents to shop local. She wished everyone a happy Thanksgiving. RECESS Mayor DeRosa recessed the Study Session at 6:30 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of November 14, 2012 Page 5 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. ROLL CALL Present: Council Members England, Pettis, Toles, Mayor Pro Tem Vasquez and Mayor DeRosa. PRESENTATIONS AND PROCLAMATIONS None. CLOSED SESSION ANNOUNCEMENTS No reportable actions. PUBLIC COMMENTS Mayor DeRosa opened public comments. Terry Nelson, Cathedral City, announced the Boys and Girls Club Wreath Event on December 6, 2012. Paul Marchand, Cathedral City, congratulated Council Member Pettis and Stan Henry for their election and thanked Mayor DeRosa and Council Member England for their service on the Council. He congratulated Council Member Pettis on being the incoming SCAG president. Mayor DeRosa reminded residents of the Senior Volunteer Awards evening. There being no additional speakers, Mayor DeRosa closed public comments. COUNCIL COMMENTS Completed during the Study Session. COMMITTEE ASSIGNMENTS None. MINUTES City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of November 14, 2012 Page 6 of 9 None. CONSENT AGENDA Mayor Pro Tem Vasquez pulled Item No. 2. MOTION Council /Board Member Pettis moved and Mayor Pro Tem/Vice Chair Vasquez seconded a motion to approve the Consent Calendar, with the exception of Item No. 2. The motion carried unanimously. The Consent Calendar consisted of the following items: 1. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD. Receive and File payment of Claims and Demands in the aggregate sum of $4,813,950 for the month of October 2012 by M.O. 5062 and M.O. SA -0025. (T. Scott) (pg. 1 -2) 3. COUNCIL. Approve request by National Community Renaissance (CORE) for approval to utilize funds from the replacement reserve account for the Cathedral Palms Apartments by M.O. 5063. (A. Hall) (Pg. 9 -12) 4. COUNCIL. Receive report of intended travel from Pat Hammers, City Clerk, to San Jose, CA November 28 - December 1, 2012, League of California Cities New Law & Elections Seminar. The following item was pulled from the Consent Calendar for individual consideration: 2. COUNCIL. Approve three (3) Resolutions reflecting Amendments to the Contract with the Public Employees Retirement System for Represented and Non - Represented Employees and Elected Officials. (T. Scott) (Pg. 3 -8) MOTION Mayor Pro Tem Vasquez moved and Council Member Pettis seconded a motion to hold this matter over (continue) the matter until the December 12, 2012 meeting. Staff indicated that if the matter were held over, that staff may not be able to implement the changes by January 1, 2012. The question was called, and the motion carried to hold the matter over (continue) the matter until the December 12, 2012. Motion carried 3 -2, Council Member England and Mayor DeRosa dissenting. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of November 14, 2012 Page 7 of 9 LEGISLATIVE ACTION 5. COUNCIL. Consider Introduction of Ordinance to amend the Provisions of Chapter 3.24 to Title 3 of the Cathedral City Municipal Code, Transient Occupancy Taxes of the Cathedral City Municipal Code to clarify provisions applicable to vacation rental units which were already subject to the Transient Occupancy Tax. (A. Hall) (Pg. 13 -34) Community Development Director Hall presented the staff report. Jens Mueller, Cathedral City, stated the ordinance was a waste of time. He urged the Council to vote no. He encouraged the Council to eliminate Council pensions and benefits. Paul Marchand, Cathedral City, stated elections had consequences. Sonya Marchand, Cathedral City, stated the City elected official were due a pension. Theresa Hooks, Cathedral City, requested information on Council pensions. Mayor DeRosa stated that was off topic. Ms. Hooks asked how the City would collect the tax and the percentage. There being no additional speakers, Mayor DeRosa closed public comments. Cindy Goslin, Rancho Mirage, potential contractor to implement the tax, explained that she identified the homes and registered the homeowners. She explained the required staff time. She anticipated significant TOT income. In response to Mayor Pro Tem Vasquez, Ms. Goslin discussed the potential of listing the registered properties on the City's website. Council Member Toles discussed the importance of the City being involved in transient rentals for consumer protection. Ms. Goslin stated full -time residents appreciated the regulations. MOTION Council Member Pettis moved and Council Member England seconded a motion to waive further reading and introduce an ordinance to amend the provisions of Chapter 3.24 to Title 3 of the Cathedral City Municipal Code, Transient Occupancy Taxes of the Cathedral City Municipal Code to clarify provisions applicable to vacation rental units which were already subject to the Transient Occupancy Tax by M.O. 5064. The motion carried unanimously. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of November 14, 2012 Page 8 of 9 6. COUNCIL. Consider approval of proposed Right -of -Way agreement between the City of Cathedral City and Newpath Networks, LLC, related to the installation, ownership and maintenance of Distributed Antenna Communications System within the boundaries of the City of Cathedral City. (A. Hall) (Pg. 35 -90) Community Development Director Hall presented the staff report. In response to Council Member Pettis, Community Development Director Hall stated the cactus would be 28 -feet high. In response to Council Member Pettis, Public Works Manager Milos stated Newpath would not pay a franchise fee to the City, rather $13,000 per ten years, per pole site. Administrative Services Director Scott explained the CPUC regulations. In response to Council Member Toles, Administrative Services Director Scott stated cell phone users paid utility users tax. Council Member Toles discussed high speed Wi -Fi, rather than cable. Dave Van Wess, Cathedral City, on behalf of Jan Feldman, requested the proposed landscaping be extended. He stated Mr. Feldman was never notified and objected to the proposed placement. He requested the matter be continued to allow Mr. Feldman to attend the meeting. Dan Sweitzer, representing Crown Castle, clarified that Jan Feldman was notified. He stated the Feldman landscaping proposal was under review. City Attorney Green reminded the Council that there were two payment options. There being no additional speakers, Mayor DeRosa closed public comments. MOTION Council Member England moved and Council Member Toles seconded a motion to proceed with Option No. 2 (Agreement providing for a one -time payment in the amount of $13,000.00 for each above - ground antenna structure location.) The motion carried 4- 1, Council Member Pettis dissenting by M.O. 5065. COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS Council Member Pettis discussed the proposed 7 -11 at Cathedral Canyon and Diane Shore. He requested an item on the December 12, 2012 agenda to consider an urgency measure regarding prohibiting conflicting uses. The Council concurred. Mayor DeRosa stated she voted against the zone change when it was approved years ago. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of November 14, 2012 Page 9 of 9 City Manager Bradley announced his resignation due to his decision to retire as of December 28, 2012. Council Member England thanked Mr. Bradley for his service to the City. Council Member Toles commended Mr. Bradley for his work and his integrity. He expressed his respect and wished him success in his retirement. Mayor Pro Tem Vasquez stated Mr. Bradley's steadiness kept the City afloat. He thanked him for his friendship. Mayor DeRosa congratulated Mr. Bradley. She discussed the City's past and thanked Mr. Bradley for holding the City together. Council Member Pettis discussed respect of Mr. Bradley by his colleagues throughout the State of California. ADJOURNMENT Mayor DeRosa adjourned the meeting at 7:30 p.m. Approved and adopted by the City Council and City Council serving and the Successor Agency to the Redevelo I ent Agency on 09-- // , 2013. ...� _.:4 1 r- ' HLEE ` OSA, Mayor 4 ,0 - _ , )1'( De. ■ cit 'lerk (se: l)