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HomeMy WebLinkAboutCC Min 2013-05-22 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... C Cate` era! C 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL & THE CITY COUNCIL SERVING AS THE BOARD TO THE SUCCESSOR AGENCY /PUBLIC FINANCE AUTHORITY & DOWNTOWN FOUNDATION (Copy) 68 -700 Avenida Lalo Guerrero Cathedral City, CA 92234 Wednesday, May 22, 2013 Summary of Closed Session: Mayor DeRosa called the closed session portion of the meeting to Order at 5:01 p.m. City Clerk Hammers called the roll; Present were Council Members Henry, Pettis, Toles, Mayor Pro Tem Vasquez, and Mayor DeRosa. There were none absent. Also in attendance for the Closed Session were City Attorney Green City Manager Andy Hall, Administrative Services Tami Scott. Mayor DeRosa opened and closed Public Comments without any comments. City Attorney Green deemed a summary of one item read into the record. The City Attorney requested the Council to add urgency item, item just received knowledge of today, it is an informational item. Council Member Pettis moved to add an Urgency item of Technical notification, one of which Council to be informed about SunLine Transit, thee will be no action by Council, motion seconded by Mayor Pro Tem Vasquez. Motion carried 5/0. CLOSED SESSION AGENDA RECESS REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY BOARD/BOARD FOR THE CATHEDRAL CITY DOWNTOWN FOUNDATION/THE CATHEDRAL CITY PUBLIC FINANCE AUTHORITY. COUNCIL CHAMBER - THIRD FLOOR OF CITY HALL - 68700 AVENIDA LALO GUERRERO, CATHEDRAL CITY, CA 5:30 P.M. OR AT SUCH TIME AS THE CITY COUNCIL COMPLETES THE CLOSED SESSION AGENDA. 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, Pettis, Toles, Mayor Pro Tem Vasquez, Mayor DeRosa. 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... t PRESENTATION OF COLORS - Cathedral City High School Air Junior Air Force ROTC (Council) PLEDGE OF ALLEGIANCE Mayor Pro Tem Vasquez led the audience in the Pledge of Allegiance. INVOCATION Council Member Toles offered the Invocation PRESENTATIONS AND PROCLAMATIONS Presentation to the Air Force Jr ROTC. Council Member Toles and City Council presented the Award to the ROTC members. Mayor DeRosa stated that it was hard to believe the Air Force ROTC and its Color Guard had now been with us close to 10 years. We asked them to come and do one of the very first meetings and they have been faithfully making it to every Council Meeting since that I time 1 CATHEDRAL CITY HIGH SCHOOL STUDENT REPORTS Mayor DeRosa advised that Alma Perez could not be with us today, but we have Conner Erb going to give the report today. Conner Erb - Cathedral City. Conner gave a comprehensive report about CCHS. (please see www.cathedralcity.gov for Conner's presentation) 1 € PUBLIC COMMENTS- At this time, members of the public may address the City Council on any matter not listed on the agenda or any item on the Consent Agenda. Please complete a 'Request to Speak' form and limit your comments to three minutes. When you are called to speak, please come forward and state your name and city of residence for the record. In response to any public comment on an item or matter not on this agenda, pursuant to Government Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or questions posed by the public; 2) ask a question for clarification; 3) make a brief report on his or her own activities; 4) provide a reference to staff or other resources for factual information; 5) request staff to report back to the City Council at a subsequent meeting concerning any matter raised by the public; or, 6) direct staff to place a matter of business on a future agenda. (California Government Code Section 54954). Unless additional time is authorized by the City Council, remarks shall be limited to three minutes. 1 STUDY SESSION AGENDA 1. Receive Public Works projects update. (P. Milos) { I 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... ? Patrick Milos, Community Development gave a very comprehnsive report of all of the : c„, projects going on across the city. This report may be seen and heard on www.cathedralcity.gov. I - i My last item is to remind the Council that on May 28th there will be the ceremony for ` renaming streets in honor of graduating Seniors, the first at 8:00 a.m. at Cathedral City High School, second one is at Stepping Stone at 8:30a.m., the last, Mt. San Jacinto will be at 9:00 a.m. 1 2. Receive update on local vendor's preference policy. In April the Council directed Leisa Lukes to look into our Local Preference List when it comes to Purchasing. At this point I have looked at 5% preference for Cathedral City businesses and services, 3% consideration for Coachella Valley Businesses. I will be sending you staff reports this x week, we can use this on anythng we can use it on legally. In Public Works projects, use of County, State, Federal, there are restricitons on who you can accept, and who you can use. Council Member Henry had a comment - One thing is the dollar amount, we can give them a preference on the dollar amount. Maybe with some of the construction bids, we I may use a point system, it might not necessarily the dollar amount, but they might give I preference points, which should be o.k. with your federal, state regulations but has nothing to do with the dollar amount. Mr. Milos advised he would look at that and probably add some language to the report addressing this idea. . 3. Discussion of management and processing services provided by Data Ticket Inc., to Code Compliance Department for administrative citations. (K. Conner) : G Capt. Robinson, Police Dept gave an in depth report about Data Ticket, Inc. You may read and hear the report at www.cathedralcity.gov. 4. City Council /Staff reports and inquiries of new or ongoing projects. i Council Member Pettis - Mr. Pettis wanted to ask that we put on the Agenda in an item € I having to do with potential annexation of Thousand Palms into Cathedral City. Mayor DeRosa asked if he wanted that on Study Session, Mr. Pettis replied "No, it can go right on Legislative. i Tami Scott, Adminstrative Service Manager. I just want to give the community an update of our recent success with the Department of Finance with the Redevelopment Dissolution, I we now have had a few items that were declined by the Dept. of Finance and we have done a pretty elaborate appeal process. I am happy to say that they have officially funded Eagle Canyon Dam. Our radio system and CURC for the continual development of downtown. It has been a pretty successful process and I am happy to announce that to the community. � E Mayor DeRosa congratulated Ms. Scott and told her it was a great job. I Mayor DeRosa asked if there was anything else. Hearing no response, the Study Session ( i ' lle was recessed so that we could move into the evening session. i i t 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... RECESS Mayor DeRosa recessed the Study Session at 6:35 p.m. CALL TO ORDER Mayor DeRosa called the Regular portion of the City Council Meeting to Order at 6:36 p.m. PRESENTATIONS AND PROCLAMATIONS None. CLOSED SESSION ANNOUNCEMENTS City Attorney Charles Green advised there were no reportable items out of this meetings Closed Session. Mr. Green advised that, at his request there was one Urgency item added to the Closed session agenda. This was a matter of information that had just come to him today. Council Member Pettis move adding the item to the Closed Session Agenda, Mayor Pro Tem Vasquez seconded. There was no objection from Council to add this item. PUBLIC COMMENTS- At this time, members of the public may address the City Council on any matter not listed on the agenda or any item on the Consent Agenda. Please complete a 'Request to Speak' form and limit your comments to three minutes. When you are called to speak, please come forward and state your name and city of residence for the record. In response to any public comment on an item or matter not on this agenda, pursuant to Government Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or questions posed by the public; 2) ask a question for clarification; 3) make a brief report on his or her own activities; 4) provide a reference to staff or other resources for factual information; 5) request staff to report back to the City Council at a subsequent meeting concerning anv matter raised by the public; or, 6) direct staff to place a matter of business on a future agenda. (California Government Code Section 54954). Unless additional time is authorized by the City Council, remarks shall be limited to three minutes. Mayor DeRosa opened the floor to Public Comments, asking that each person state their name and city of residence. z p E Jens Mueller - Cathedral City. Our City has a Councilman facing six years in prison, and another filing for bankruptcy. Now we have this; We have a third Council Member and City Clerk under investigation by the FPPC for issues with campaign irregularities. Let me tell you this, the City of Bell has nothing on us. Google the words Leadership. Failed Leadership in our city for corruption and cronyism appears at the top of that search result. C Mr. Mueller continued to state his dissatisfaction with the city with a long discussion on Ramon Road. You may see /hear Mr. Mueller's public remarks on 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... www.cathedralcity.gov. Tyrone Peirson - Cathedral City. I just wanted to give you some information as far as outsourcing. You may watch Mr. Pierson's presentation on www.cathedralcity.gov. Allen Worthy - Atlanta. Mr. Worthy is the Director of a Play "Life in the Park" about homelessness. Mr. Worthy left some information about the Play for the Council members and gave information on the play that has been produced in other cities. Mr. Worthy hopes to bring the play to The Desert. Mark Carnavale - Cathedral City. I own Nicolino's Italian Restaurant. My old friend Jens Mueller brought the subject up, some people bring some luggage from time to time, but I am sure it will drop off As far as Cathedral City being on the move, there are a lot of good things going on here and we do have a great Council, Mayor. Mayor DeRosa advised that she had one request from Theresa Hooks to speak on Item 9 which is actually consent agenda. So what I will do is pull the item from the consent agenda so you will be able to speak on that item. Mayor DeRosa, seeing no one else wishing to speak, closed Public Comments. AGENDA FINALIZATION- At this time, the City Council may announce any items being pulled from the agenda or continued to another date. Mayor DeRosa asked that Item 9 be pulled from the Consent Agenda. URGENCY ITEMS ( "Added Starters "): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the Council (if all are present) or all members of the Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda is posted. There are no Urgency Items. COUNCIL COMMENTS- Council Members' comments on items not on the agenda Council Member Toles - No comments from me at this time. Council Member Henry - No Comments. Council Member Pettis - Only thing to mention is that I had an opportunity to be with the City Manager and the Economic Development Manager at the Shopping Center Conference and we had great meetings with a number of retailers, new and existing here in Cathedral City. hopefully in July we can have a word from Ms. Lukes of what happened, so the whole Council can hear it. Mayor Pro Tem Vasquez - Just one Item, I want to congratulate Chip and Mike on the 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... (Ne grand opening up there at "Paradisio" the restaurant on Date Palm, in the Old Stater Bros., excuse me, the Albertson's shopping center. It had one of the largest turn -out for a Ribbon Cutting and Grand openings I have seen. Great restaurant, great food, we are creating a great Restaurant row along Date Palm. Please support all the Restaurants along Date Palm between Dinah Shore and Gerald Ford. Mayor DeRosa - I had the opportunity to be invited over to James Workman Middle School this morning, along with Riverside County's Superintendent Ken Young. Jessica Pack has been recognized as Riverside County Teacher of the Year. Her name will be submitted to the State for possible State Teacher of the year. I also spend most of my week last week back in Washington D.C. I was invited by the National Parks Conservation Association to lobby on behalf of the Desert Protection Act. We had great meetings with Senator Feinstein, Senator Boxer, Congressman Ruiz and Congressman Cook. COMMITTEE ASSIGNMENTS- See last page of Agenda Book MINUTES None CONSENT AGENDA- All matters on the Consent Agenda are considered routine in nature and are expected to be enacted by one motion. Members of the public may comment on any item on the consent agenda. However, Council Members will not discuss individual items among themselves unless those items are pulled off the Consent Agenda by a Council Member. A. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD //DOWNTOWN FOUNDATION/PUBLIC FINANCING AGENCY: 1. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD. Received and Filed payment of Claims and Demands in the aggregate sum of $3,309,016 for the month of April 2013 by M.O. # 5118 and S.A. M.O. # SA -0033. (T. Scott) (pg. 1 -2) 2. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD/DOWNTOWN FOUNDATION/PUBLIC FINANCING AGENCY. Approved annual City's Investment Policy by M.O. # 5119. (T. Scott) (Pg. 3 -14) 3. COUNCIL /COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD //PUBLIC FINANCING AGENCY. Approve Resolution by the City Council of the City of Cathedral City, California, establishing the City's appropriations limit for Fiscal Year 2013 -2014. (T. Scott) (Pg. 15 -18) B. CITY COUNCIL: 4. COUNCIL. Approved appointment of applicants to City of Cathedral City's Mobile Home Fair Practices Commission on an As- Needed -Basis by M.O. 5120. (P. Milos) 5 COUNCIL. Second reading and adoption, reading by title only an Ordinance to permit 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... the Sale of Discharge of Safe and Sane Fireworks under CCMC Chapter 5.80 of Title V G "Business Regulations." by Ord -723. (R. VanNortrick) (Pg. 19 -34) 6. COUNCIL. Approved 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 -214. (K. Conner) (Pg. 35 -53) 7. COUNCIL. Approved management and processing services Professional Services Contract for Code Compliance administrative citations by Data Ticket Inc by M.O. 5121. (K. Conner) (Pg. 54 -76) 8. COUNCIL. Approved request for allocation of $133,800 from the Master Underground Plan to post as Cash Bond with Riverside County for the 2013 -2014 property taxes on the properties affected by the recordation of Tract Map 36428 relative to the underground installation of utility lines West of Perez Road and South of East Palm Canyon Drive M.O. # 5123. (P. Milos) (Pg. 77 -78) 10. COUNCIL. Authorized Designation of Mayor DeRosa as Voting Delegate and Council fr Member Pettis as Alternate to the League of California Cities at the Annual Conference, September 18 -20, 2013, Sacramento, CA by M.O. # 5122. (A. Hall) (Pg. 107 -109) Motion to approve Consent Calendar items 1 -8 and 10 by Council Member Toles, motion seconded by Mayor Pro Tem Vasquez, motion carried by 5 -0 vote with one exception, Item 7 which carried by 4 -1 vote with Council Member Pettis voting no 9. COUNCIL. Adopt a resolution approving the form of and authorizing the execution and delivery of the Implementation Agreement authorizing the Coachella Valley Association of Governments to implement, manage and administer one or more clean energy programs and directing and authorizing certain other actions in connection therewith. (A. Hall) (Pg. 79 -106) City Administrator Andy Hall reported on this item. Anticipating there might be some questions on this item this evening, Katie Barrows from CVAG is here tonight. She may be able to answer any questions you might have. We might want to take Public Comments first. Mayor DeRosa advised there were no questions from Council so she will open the floor to ' Public Comments. Theresa Hooks - Cathedral City. Ms. Hooks advised that her questions might be answered with CVAG gives their presentation, my question is what are specifically the clean energy programs? Mayor DeRosa interjected, "so you want to know what items will be covered under the PACE program ?" "When you could borrow the money to put these projects into your home ?" It is a loan program, where residents and business can put in energy efficiencies, whether it be air conditioning, it has to stay with the land, the loan stays with the land. It could be a Solar project, it could be windows, there is a list of items in the coy Agenda report as to what it all covers. Okay, that answers my question. Thank you 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... Mayor DeRosa, seeing no one else wishing to speak on this matter, closed Public ,r Comments. Council Member Toles moved approval of Item 9, motion seconded by Mayor Pro Tem Vasquez, motion carried 5 -0 by Resolution No. 2013 -213. 1 PUBLIC HEARINGS- NONE LEGISLATIVE ACTION 11. CITY COUNCIL/BOARD FOR THE CATHEDRAL CITY DOWNTOWN FOUNDATION /THE CATHEDRAL CITY PUBLIC FINANCE AUTHORITY. Consider adoption and approve supporting budget Resolutions for the Fiscal Year (FY) 2013 -2014 and 2014 -2015. (T. Scott) (Pg.) a. Report by Tami Scott, Administrative Services Director. Ms. Scott's presentation may be seen on the internet at www.cathedralcity.gov. Council Member Toles had comments. Thanks, a hearty thanks to the Finance Manager and the City Administrator to making this process significantly improved. You can also hear Mr. Toles full comments at www.cathedralcity.gov. b. Public Comments Jens Mueller - Cathedral City. We had this budget meeting with Andy (Hall) that had five participants and we voted on five different topics. You may see all of Mr. Muellers comments on www.cathedralcity.gov Tyrone Pierson - Cathedral City. You may watch Mr. Pierson on www.cathedralcity.gov as he explains his comments about the budget. 1 Mayor DeRosa hearing no one else wishing to speak on this matter, Closed Public Comments. City Manager Andy Hall wanted to clarify and make sure to respond to the questions that the public has raised. I did want to point out that there has been pension reform, in our community as well. We have a two tier system and we are trying to do what we can now to keeping our pensions in line with what is happening at the state level. While it may not go as far as some would like, we are taking positive steps to limit our liability. 1 Council Member Pettis moved approval of the operating budget, motion seconded by Council Member Toles. Motion carried 5/0 by Resolution No. 2013 -210, Resolution No. 2013 -211 (for CIP program), Resolution No DTF- 2013 -01, Resolution No. PFA- 2013 -01 and 3 Resolution No. SA- 2013 -0005. 12. COUNCIL. Consider approval of the proposed Aesthetic Design Concept by PKS3 design p p y gn team for the proposed Ramon Road and Vista Chino Bridges. (P. Milos) (Pg. 122 -134) i 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... 4 i qq Y , Community Development Director Pat Milos introduced PKS3, the company who was i c ,,,- hired to do the Aesthetic Design Team for the Proposed Ramon Road and Vista Chino Bridges. i Phillip Smith - Palm Desert. Heath Satow - Los Angeles. You have heard us speak once before, so I will go through the presetation quickly so that we can get to the nitty - gritty. Essentially to just refresh your memories in regards to the concept and show you what we are trying to do with these bridges, which have their own identies, but connected with both Palm Springs and Cathedral City. You may watch this presentation on 1 www.cathedralcity.gov in its entirety. Mr. Smith advised there were some concerns that I they have addressed, could ask for questions, or the concerns are covered in a handout. 1 Mayor DeRosa asked that we talk about the concers. 1 I will go thru them as they are listed in your report. Concern one was the colors on the I columns will fade quickly in the Desert Sunshine. Maintenance is of utmost concern on every art project we have ever worked on. Most developers would prefer to not touch the art for 50 -100 years, but that is impossible. The question is what quality are the materials 1 we are proposing. We are proposing galvanizing of the steel to insure proper rust protection even in our dry climate. Secondly there will be an intermediate polyurethane primer, and lastly a durable polyurethane top coat. We have been looking at DuPont's 1 Imronl.2 which, in fact I have used this Imron 1.2 on a previous project, red, which is the 1 least fade resistant. This paint was chosen because of tested durability. Concern two, if the columns are damaged during a traffic accident, they will be costly to repair or ! C replace. The cost to repair or replace an individual arc has preliminary estimated at $720. That includes the material, fabrication, painting and installation. In addition on the Ramon Road Bridge, there is a traffic barrier on the south side of the bridge. On Vista Chino, 1 there are road barriers on both the north and south sides. If a car were to jump the curb or the road barrier, the arc modules are mounted on a 42" high concrete wall. Concern three, , the nature of the columns and the induced "wave" effect may be visually distracting, creating a safety hazard. While the columns appear to be densely located across the length of the bridge, they ae spaced at 10' apart from each other. While looking to the left or right when crossing the bridge, the driver will be more aware of the view through the arc modules than at the module themselves. The last item was the recommended concepts are I out of character with previous streetscape plans for the Ramon Road Corridor. The 1 selected landscape architect for the Ramon Road Corridor, TKD, Inc., is part of the design 1 team for the Ramon Road Bridge. While the Ramon road streetscapes, as determined by the City, would start at Landau East to Date Palm (not including the bridge), the bridge aesthetics incorporate colors and shapes that were interpretations of streetscape scheme. Those are the concerns, those are my answers, you may still have a few more questions. 1 Mayor DeRosa said she saw no questions from Council, but if that video is handy, I have 1 heard so much about it. Mayor DeRosa advised this was a topic when she attended the 1 , Metropolitan Water trip, and everyone was so "jazzed" about it. They were able to show i one of the Ramon Road. 1 Council Member Stan Henry - Just a couple of comments. And I know you guys are , working hard and I appreciate the hard work, and I hate to throw a hurdle in front of you. , G The last time you were here we asked if you had taken it to Palm Springs City Council and 1 , 1 -8 s Y i 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... you said you were going to do that, have you gotten any approval? We haven't gone there yet, the intent was to come to Cathedral City first. We understand there has been significant communication errors, that some departments were aware of this project and others were not I think all of those issues are being rectified as we speak. Council Member Henry said, one of the things, before I can approve it, I would like to see is obviously is a more concrete maintenance cost and replacement cost. It looks like there are several steel structures and if there is an accident there, they will not just take one out Normally there will be several of them taken out and that is going to be, and has it gone to our Streets and Transportation Commission to have them look at, part of my other thing is 3 the safety factor. Couple of things is one is a safety thing, somebody being ejected from a car, or somebody doing a suicide thing. There are a lot of things going thru my mind that may add some liability to the city, there may be some structures issues that an attorney or lawyer could bring up. Before I can approve it. Savat Khamphou - I am with the City of Palm Springs. A lot of your concerns have already been asked. Before we had actually come to you, we have actually have had pre- meetings, we have had meetings with the engineering department in Palm Springs, we have also had approval from the Arts Committee in Palm Springs, we have also have brought it to the Arts Committee in Cathedral City. We also have some of the representatives from the Cathedral City Arts Committee in the audience. So it has gone a long way, a lot of the issues have been addressed, concerns have been brought fi fourth. Going back to "Has Palm Springs City Council seen this or not ?" They will see it, we are just taking it in order of sequence and try to get all of the approvals necessary. C Once we get everybody's blessing we will take it to CalTrans to try and get final funding } for it. If there are any disapproval's we can not get funding from CalTrans. Now when we bring it to CalTrans they will ask the same kind of questions. When we bring it to Council at Palm Springs they will ask the same kind of questions. In terms of how much this will cost, concerns being addressed here, in terms of maintenance. And yes, the Engineering 1 Department had asked the same question, what about somebody hanging themselves, sorry didn't mean to use that exact example, but pretty much what if someone would get themselves hurt on these structure and facilities. They are actually large enough to be out of the way in essence, and it makes no difference with a lot of the structures and art fixtures that we have here at the moment, where we are constructing at Date Palm or the major interchanges and so forth. They are quite large, there are actually some of these bridge railings that actually have nothing on top of them. It doesn't stop anybody from getting up and jumping over also In an essence we can't design for every single little piece of incidents that may happen. As long as we meet the safety criteria and as long as we don't distract the drivers, and it is quite far enough where it will not distract the drivers. I am sorry the video didn't work where you could have seen driving at 50 mph across the bridge, then again the maximum design speed so we could have showed you that any other users, such as bikers and pedestrians would not be distracted either. To address some of your concerns, we have thought of the liability, we still have to address and put all these concerns into writting to the Council Members, next to CalTrans, where we will try and convince that this unusal Architectural treatment that they actually quoted, would be eligible for funding. Does that answer your question? Council Member Henry replied "somewhat ". We have thought about the liabilities, we have thought about the maintneance cost because it will be mostly Palm Springs maintenance crew that is going to have to maintain this, of course any liability that are absorbed, we :t e 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... Cie have to consideer that also Council Member Henry, "like you said it is only 50% because 50% of the bridge is in Cathedral City. Now 100% of the bridge on Vista Chino is in Palm Springs, then it is Palm Spring's issue. The Ramon Bridge is at least 50% Cathedral City and we will have a shared cost there and shared liability, so that is why, ah, I have one other question that has come up, you are just looking for a conceptual approval, you or not looking for, Council Member Toles intervened "I think it is Aesthetic approval, is how it is written here." Council Member Henry responded, "like I said before, I can't approve the yes on building this bridge, while Streets and Transportation needs to look at it, our Police Dept. needs to look at it, our Fire Dept. to make sure of those issues, need to be taken care of. And a detailed cost of, you say of $750, ?I know you said you have them but we haven't seen them. Our Community Development Dept. will need to see what they need to budget in the future for this. Council Member Pettis said "I think it is fabulous and I think you should start building it Mayor DeRosa asked what departments have you gone thru here in Cathedral City, besides the Art Commission? Have you done Streets and Transportation, have you done the Police Dept.? The response was, with every Arts project I have been involved with it has been the Arts Committee and the City Council. Mayor, "so you are looking at this strictly as an Arts project ?" Mayor said she understood, but they were looking at this as an Art project, and we are looking at this as a Street project. Council Member Toles interjected, "Isn't this the Aesthetic point, I think we have gotten caught in the, I think the idea here is to say that the Council is comfortable with the look of this vs. the Council is not, I am sure that when the process continues there will be many ample opportunities to go and get into the kind of approval, and what not. Mayor DeRosa also interjected she wanted to make sure that it was pointed out. I really appreciate the amount of work and time that you guys have taken to do this. Council Member Toles, I rarely use a (inaudible) to illustrate a point, a Howard Rourk example "think outside the box, stop building the same old bridge over and over again, could be something that you could shout back at me. On the one hand I respect deeply our Arts Commission, I think their taste is impeccable, and they have brought a great thing, I look around this room and they have brought these great paintings of the Pelton Society, I have enormous respect for them and the choices they have made over the years in this community. On the other hand, that I think again, that this looks amazing this day in 2013, my biggest concern is from a longevity prospective, does this bridge hold up over time? Or does it become a moment in time? and again, this is why I am very much, very, very concerned. Then again, I am kind of neither here or there so. It is not necessary 1 for you to comment, it is that Art is very personal and I guess you guys are definitely on the cutting edge, I very much appreciate your work, I am not an Artist and can't judge it the way I just said. Response was "I appreciate the comment, that is the beauty of Art, we can't all agree on it. Mayor Pro Tem Vasquez - Also I am very excited about it, I think the blend of going from Cathedral City to Palm Springs. I think you have succeeded very well in representing both cities in having something accomplished there. I want to remind everybody that when the "Fountain of Life" was being proposed and built out front, the newspaper tore us to shreds, everybody in the Valley said this is the craziest thing, and look at the liability, you are going to have children climbing up on that, you are going to have lawsuit after lawsuit. If we build what was "safe" what was safe and correct, we would have k -rails and gray 1 i 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... i I walls. We would have nothing else that really stands out in this valley. I am very excited 1 CY about what you are doing, and again we are here for approving the Aesthetic concept of this, there will be lots of opportunities down the one, once you get your approval from i CalTrans, then we can address the "nuts & bolts ", but Aesthetically you have done lots of great work, it will be one of those things across this country that they will be talking about because it hasn't been done and it is different and the blending of two cities, one to the other is different and it is a great transition. Mayor DeRosa opened the floor to Public Comments for anyone wishing t speak on this , item. 1 Theresa Hooks - Cathedral City. I would like to know if PKS3 is a local company? 1 Response was "Palm Desert". I have a tendency to agree with Council Member Toles in g beauty is in the eye of the beholder. My concern is why is there only one idea? Shouldn't I t three or four ideas come forward to talk about, or has this happened in the past? Mayor 1 DeRosa advised this process has been going on for a very long time, and this is what was decided. Jens Mueller - Cathedral City. "Am I having a nightmare here? Do we have, are our roads paved? The answer is no. Are we broke? Yes, as a painting contractor, lets set aside for a I moment, I can tell you right now that with the wind that we have over that wash," and the (Mr. Mueller hesitated) but then said "I cannot believe we are going to have colored spirals, this.. forget maintenance for a minute, this is on us, this, a yes vote on this sends i the absolute wrong message to every citizen who drives over a bumpy road. It is a G complete joke, it really is, with all due respect to the men who designed it, it is gorgeous, but not for our town. We need a concrete bridge, yea we can have a few designs in it, we can have a galvanized steel, fine lets the Feds pay for that. I am all for that. I am not for maintaining that thing, I can tell you, the cost of maintaining it. In two years it is going to look like? Shining and beautiful? No. And we will be stuck maintaining it. A yes vote on this would send, well it would just be incompetence, it just send the absolutely wrong message. We have roads that we need to pave, before we need bridges with spirals on a them. Unbelievable." i Mayor DeRosa, asked if anyone else wished to speak on this item? Hearing none, Mayor DeRosa closed Public Comments. Council Member Pettis moved approval of the proposed Aesthetic Design Concept, motion I seconded by Mayor Pro Tem Vasquez, motion carried by a vote of 3 yea, one no by Council 4 Member Henry, and one abstention by Council Member Toles, by M.O. # 5124. i COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS 1 ADJOURNMENT x Mayor DeRosa, seeing no further business to come before the City Council, adjourned the meeting at 7:39 p.m. a 1 e 1 i 1 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS ... 1 1 1 1 1 NOTES TO THE PUBLIC- Please remember: City Hall is closed for lunch 11:45am to i (00 1:15pm. We are closed every Friday. The next regularly scheduled meeting of the City ' Council/Successor Agency is scheduled for WEDNESDAY, JUNE 12, 2013. Agendas for Council meetings are posted at City Hall at least 72 hours before the meeting and on the Cathedral City Web site, www.cathedralcity.gov. The agenda is available for public inspection in the City Hall lobby or the City Clerk's office the Monday preceding the meeting. Any document or writing that relates to an agenda item on the open session of a 1 City Council meeting that is not distributed at least 72 hours prior to the meeting is also available for public inspection in the City Hall lobby or the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other ser vices offe by this City, please contact the Ci Clerk's Office at (760)770 -0385. Assisted - listening devices are available at this meeting. I Ask the City Clerk if you desire to use this device. Notification at least 48 hours prior to the meeting or the time when services are needed will assist city staff in assuring reasonable 1 arrangements can be made to provide accessibility to the meeting or service. 1 n i I i 1."-- eir J 1 Pat Hammers, MMC City Clerk i j , G g , I i { i i i 3 1 I 1 1 1 9 1 1 p § t z € ; ( ,,,,- 9 , 2 7 � i y € f t t 1 I i 1 a 1 c e CLOSED SESSION AGENDA E 1 1 A. CITY COUNCIL AS SUCCESSOR AGENCY 3 1 NONE A. CITY COUNCIL: 1 1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Government Code Section 54956.9) C. Green) Case Name: City of Cathedral City v. Weinstein et. al. I Case No. INC 1301415 1 Court: California Superior Court for the County of Riverside 1 1 1 1 i 3 i P: 1 I I 1 1 I 3 I I 1 s I I 3 pp� 9 E 1 3 3 i I c .f i I 1 t