HomeMy WebLinkAboutCC Min 2013-04-24 5:00 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS ...
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a 5:00 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL
SERVING AS THE SUCCESSOR AGENCY TO THE RDA BOARD (Copy)
68 -700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Wednesday, April 24, 2013
CLOSED SESSION
Closed Session at 5:00 p.m., followed by Study Session at approximately 5:30 p.m, or at
j such time as the City Council completes the Closed Session Agenda and Regular Meeting at
6:30 p.m. in Third Floor Council Chambers
AND
Councilman Gregory Pettis will participate via telecom from: The Citizen Hotel 926 J
Street. Sacramento, CA 95814, Phone: (916) 447 -2700
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At this time, members of the public may address the City Council on any matter that is
listed on this Closed Session agenda. Unless additional time is authorized by the City
Council, remarks shall be limited to three minutes.
In response to any public comment on an item or matter on this Closed Session agenda,
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pursuant to Government Code Section 54954.2, members of the City Council may only: 1)
A 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 concernini 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).
CLOSED SESSION AGENDA
SUMMARY OF CLOSED SESSION Meeting held April 24, 2013. Mayor DeRosa called
the meeting to order at 5:10 p.m. Roll Call: Present: Council Members Henry, Toles,
Mayor Pro Tem Vasquez, Mayor DeRosa. Also participating in Closed Session was
Council Member Pettis via telephone from Sacramento, California. Mayor DeRosa opened
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and closed Public Comments with no -one wishing to speak. City Attorney Green deemed a
summary of the Closed Session items read into the record. There were no added items,
Council then moved to Closed Session. Council came out of Closed Session at 5:45 and
recessed to the Study Session portion of the meeting in Council Chambers.
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500 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS ...
C oo Following the Closed Session meeting, the Council will convene to the Council Chamber on the
third floor for the Study Session and Regular Meeting.
REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL
SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
BOARD, Council Chamber -- Third Floor of City Hall, 68700 Avenida La lo Guerrero,
Cathedral City, CA 92234 APRIL 24, 2013, at approximately 5:30 p.m. or at such time as
the City Council completes the Closed Session Agenda.
STUDY SESSION
CALL TO ORDER
Mayor De Rosa called the Study Session portion of the meeting to order at 5:55p.m.
ROLL CALL
Present: Council Members Henry, Toles, Mayor Pro Tem Vasquez, Mayor DeRosa.
Absent: Council Member Pettis. There was a motion by Mayor Pro Tem Vasquez to excuse
Council Member Pettis as he was out of town, seconded by Council Member Toles, no objection.
PRESENTATION OF COLORS - Cathedral City High School Air Force Junior ROTC
Honor Guard
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Vasquez led the audience in the Pledge of Allegiance.
INVOCATION
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Council Member Toles offered the Invocation.
PRESENTATIONS AND PROCLAMATIONS
None for Study Session.
CATHEDRAL CITY HIGH SCHOOL STUDENT REPORTS
Alma couldn't be with us this evening so there is no Student Report.
PUBLIC COMMENTS
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Mayor DeRosa opened and closed Public Comments without comment.
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At this time, members of the public may address the City Council on any matter not listed
on the agenda or any item 011 the Study Session agenda. Please complete a 'Request to 1
5:00 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS ...
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ce 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
1 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 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
1 Section 54954). Unless additional time is authorized by the City Council, remarks shall be
limited to three minutes.
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STUDY SESSION AGENDA
Normally, no action is taken on Study Session items; however, the City Council reserves the
rieht to eive specific policy direction and take specific action as necessary. Presentations
will be limited to 10 minutes unless other provisions are made in advance.
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$ 1. Receive presentation from Mayor Pro Tem Mark Yarbrough and Joe Vargo, PIO, City of
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Perris, CA, on Lake Perris Recreation Area (A. Hall)
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Andy Hall, City Manager introduced the Presentation from members of the Perris City
Council.
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Presentation provided by Mayor Pro Tem Mark Yarborough and Public Information
Officer Joe Vargo of the City of Perris relative to the Dam at Lake Perris and the repairs
needed. If there were an earthquake it could fail and cause massive flooding. Governor I
Brown is proposing spending $90 +million to repair the Dam. City of Perris is asking City i
Council to support the expenditures by way of a resolution. A PowerPoint presentation
was provided to reflect all the activities provided by the park next to the lake. Appreciate
the opportunity to share this information with you. There is additional information on the
Lake Perris website.
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2. Receive report on Coachella Valley Economic Partnership achievements of the past year
and plans for the upcoming year, by Mr. Thomas Flavin, President & CEO. (A. Hall)
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Received presentation by Tom Flavin, CEO of CVEP (Coachella Valley Economic Partnership).
PowerPoint presentation was provided reflecting "CViHUB" Accelerator Campus and the new
clients and start up businesses here in the valley. Discussed Coachella Valley jobs workforce
model and the Return on Investment Statement produced quarterly to reflect the workforce
program results. Statistics memorialized in document in the City Clerk's office. No questions by i
City Council.
3. Receive presentation of Shelter from the Storm by Angeline Coe, Executive Director. t
(Councilman Henry) (Pg. 1 -2)
C ie Angelina Coe - Beaumont. Executive Director for Shelter from the Storm. Only comprehensive :
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5:00 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS ...
shelter in the valley related to domestic violence. 2012 served 279 individuals of which, 109
,; were children. On site school that serves K -12, medical clinic, long term transitional housing
program as well. May 4th, New Beginnings Gala to raise funds to provide these services. Hopes
the City approves being a sponsor. Council Member Henry made some general comments about
the great things this organization does and offered to provide a tour of the facility. Its not just
about the domestic violence itself but about breaking the cycle with the kids. Henry indicated
that he also sits on the Board of Directors for Shelter. Mayor Pro Tem asked about the
transportation.
4. Discussion regarding supporting a Resolution for "Get Tested Coachella Valley/Hazte la
Prueba Valle de Coachella" initiative. A campaign dedicated to dramatically reduce local
transmission of HIV. (Mayor DeRosa) (Pg. 3 -4)
; Mayor DeRosa. Opportunity to try to bring Aids to a halt by doing routine tests and asking for a
} resolution of support initiative. Mayor DeRosa asked to bring forward on the next agenda under
Consent. There were no objections.
5. Receive update on AMFM Festival from Co- Director Rich Henrich. (L. Lukes)
} Introduction by Leisa Lukes. Update provided by Rich Henrich and partner. Have pulled in some
films from Sundance Film Festival. Programming about 90% set on the film side and 80% on
the music side. Discussed the various films, producers, and the corresponding support for both
the films and musical performances. Councilmember Henry asked about what sponsorships do
they have from national sponsors? Councilmember Toles- in -kind versus hard dollar sponsors?
Response- in -kind about $150,000 actual dollars about $25,000. Andy Hall confirmed that the
City matches their hard cash and the City has provided to date $20,000. Toles- have you reached
for any local celebrity talent? Answer- we haven't discussed this directly. If the council could
provide a list we could contact. Toles- would love to see the marketing plan or marketing
summary about the plan as this program comes together. Answer- yes and you should start
seeing something coming out next week.
6. Receive presentation by Jim Doyle from Palm Springs Life in reference to their 2012
Vision Report. (L. Lukes)
7. Discussion of Biennial Budget.
Mayor DeRosa advised we have one more item, this item will take a considerable
amount of time, so if no one minds, we would like to hold this over until after the
Council Meeting, we are already 20 minutes late.
Jim Doyle thanked Cathedral City for participating in Palm Springs Life Vision project. The
whole plan is to get people and businesses to the City. Picture frame provided with inserts about
what was in the magazine.
RECESS
Mayor DeRosa recessed the Study Session at 6:49 p.m.
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5:00 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS ...
REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL
SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
BOARD. Council Chamber -- Third Floor of City Hall, 68700 Avenida Lalo Guerrero,
Cathedral City, CA 92234 - WEDNESDAY, APRIL 24, 2013 - 6:30 p.m.
CALL TO ORDER
Mayor DeRosa called the Regular portion of the meeting at 6:50 p.m.
PRESENTATIONS AND PROCLAMATIONS
Presentation by City Council to Karen Riley to Scrap Gallery for Global Youth Service Day.
Upcoming program at Nellie Coffman Elementary School teaching about recycling.
Proclamation presentation for Global Youth Service Day to Karen Riley, S.C.R.A.P
Gallery Executive Director. (Council)
Mayor DeRosa advised that we had two proclamations this evening, one is to the City Clerk, the
other for Global Youth Service Day to Karen Riley, S.C.R.A.P. Gallery Executive Director. We
will hold the City Clerk Proclamation till the City Clerk is here. Mayor DeRosa invited Karen
Riley to the Lecturn.
CLOSED SESSION ANNOUNCEMENTS
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City Attorney Green advised there were no reportable action out of the Closed Session.
PUBLIC COMMENTS
Joe Becker, Cathedral City. Redlight camera program. Mr. Becker discussed his
dissatisfaction with the Red Light Camera program, this is no way to get revenue.
John Stevens - Thousand Palms. Going to start up CPR Bearer of Charities. This will be
for the working with College of the Desert, for students that go to medical programs. I'm
sure there will be some students from Cathedral City attending.
Steve Rosenberg. Palm Springs - Speaking on behalf of my employer Carpet Empire
Plus. Mr. Rosen thanked the City for helping them relocate to the new building. Every
department asked how we can help. No question without this cooperation we couldn't
have accomplished this new business. I noted during the Study Session this evening that a
lot of positive things are happening here in Cathedral City.
Lynn Mallotto - Rancho Mirage. Ms. Mallotto represents the Cathedral City Chamber of
Commerce as the President and CEO. Ms. Mallotto gave us an update on the Chamber of
Commerce, talked of member renewals and new members.
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
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' 5:00 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS ...
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come forward and state your name and city of residence for the record.
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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
3 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.
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I Jens Mueller - Cathedral City. Mr. Mueller started off with negative remarks addressed to
one Council Member. Mayor DeRosa again asked Mr. Mueller to address his remarks to
the Chair. City Attorney Green reminded the City Council that our rules required that
there be no person attacts. Mr. Mueller apologized. Mr. Mueller finds it offensive that the
person still sits here. Mr. Mueller continued to voice his dissatisfaction with the Council
1 until his time was up.
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AGENDA FINALIZATION
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None
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At this time, the City Council may announce any items being pulled from the agenda or i
, G continued to another date.
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URGENCY ITEMS
None
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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.
COUNCIL COMMENTS
Council Members' comments on items not on the agenda.
Council Comments were made by Council Members Toles and Henry, Mayor Pro Tem
Vasquez, and Mayor DeRosa. In an effort to shorten the length of these minutes, you are
asked to view and listen to these comments on line at www.cathedralcity.gov. Thank you
for your participation.
COMMITTEE ASSIGNMENTS
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5:00 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS ...
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See last page of Agenda Book
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Approval of minutes from City Council Meeting for Wednesday, March 27, 2013.
CONSENT AGENDA
All matters on the Consent Agenda are considered routine in nature and are expected to be
I enacted by one motion. Members of the public may comment on any item on the consent
4 agenda. However, Council Members will not discuss individual items among themselves
unless those items are pulled off the Consent Agenda by a Council Member.
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A. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD:
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1. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD. Received and Filed
payment of Claims and Demands in the aggregate sum of $3,551,258 for the month of
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March 2013 by M.O. 5107 and M.O. SA -0032 (T. Scott) (pg. 1 -2)
1 B. CITY COUNCIL:
2. COUNCIL. Approved Resolution reflecting an Amendment to the Contact with the Public
r Employees Retirement System to clarify employee and retiree health care benefit costs
being those applicable to the "Other Southern California Region." by Resolution No.
2013 -202. (T. Scott) (Pg. 3 -4)
3. COUNCIL. Approved Final Map for Tentative Parcel Map No. 36428, located on the
i southerly side of East Palm Canyon Drive, westerly of Perez Road by M. 0.5108. (P.
Milos) (Pg. 5 -7)
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4. COUNCIL. Approved request for allocation of funds in an amount not to exceed
,t $100,000 from the master underground plan to place overhead utility lines underground 1
West of Perez Road and South of East Palm Canyon Drive by M.O. 5109. (P. Milos) (Pg.
8 -9)
~' 5. COUNCIL. Authorized the City Manager to execute contract for traffic signal
maintenance and on -call services to Siemens by M.O. 5110. (P. Milos) (Pg. 10 -54) t
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6. COUNCIL. Approved Special Use Permit No. 13 -008: AMFM Festival, June 13 -15,
1 2013, in Town Square produced by Film 4 Change by M.O. 5111. (L. Lukes) (Pg. 55 -62)
7. COUNCIL. Approved participation as a Gold Sponsor for Shelter from the Storm New
Beginnings Gala, in the amount of $10,000, account number 225 -5017 -8209, the Police i
Special Revenue Grant for Community Outreach by M.O. 5112. (S. Henry) r
MOTION FOR CONSENT AGENDA - Council Member Henry moved approval of the
Consent Agenda, motion seconded by Mayor Pro Tem Vasquez, motion carried 4 -0,
,, co Council Member Pettis absent.
MINUTES
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Approved with corrections.
PUBLIC HEARINGS
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8. COUNCIL. Public Hearing to consider the vacation of a 5 foot wide public utility
easement located in the block between Date Palm and Eagle Canyon Drives, south of 1
Victoria Drive. At the request of Boos Development West, LLC, of Clearwater, Florida,
I as part of its development of a "Family Dollar" store on this site. This vacation is being
done in accordance with the State of California "Public Streets. Highways, and Service
1 Easements Vacation Law ", being Chapter 3 of Part 3 of Division 9 of the State "Streets
1 and Highways" Code, commencing at Sec. 8300. (P. Milos) (Pg. 63 -69) t
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a. Report by Dave Faessel
b. Open Public Hearing - no comments received.
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c. Close Public Hearing
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d. Recommendation: Approve
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Mayor Pro Ten Vasquez moved to approve, motion seconded by Council Member Toles, i
F motion carried 4 -0, with Pettis absent.
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9. COUNCIL. Public Hearing to consider submittal to the U.S. Department of Housing and
Urban Development, Community Development Block Grant Division, FY 2013 Annual
Action Plan which focuses on the City's community development, public service, public
facilities, economic development, community service and building code enforcement
needs. The City is requesting feedback from citizens regarding issues they feel are vital to
the livelihood in the community that address the urgent needs of the city, rate and rank
priority needs. The Project is exempt from the California Environmental Quality Act
(CEQA) per Section 15061(b)(3). (P. Milos) (Pg. 70 -93)
a. Report by Phen Panpradith of the Engineering Department.
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b. Open Public Hearing t
c. Close Public Hearing
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d. Recommendation: Approve
Council Member Toles moved to approve, motion seconded by Council Member Henry, 1-
motion carried 4 -0, with Council Member Pettis absent.
LEGISLATIVE ACTION
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COUNCIL. Consider First Reading and Introduction of an Ordinance, reading by title
only, an Ordinance to permit the Sale of Discharge of Safe and Sane Fireworks under
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CCMC Chapter 5.80 of Title V "Business Regulations." (R. VanNortrick)
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a. Report by Robert VanNortrick, Fire Chief
Council Member Toles wanted to comment, it has been a pleasure to work with you
on this Ordinance, it is a shinning example of how to
g p give our citizens a way to
celebrate the Nation's Independence, and also raise money for charity. Also to
3 provice a controlled environment to man it. I think this is one of Cathedral City's f
prouder legislation.
Questions by Mayor- State & City Permits- do you verify they are displayed.
Answer- yes
I Do we spot check that no one is selling under the age of 18? Answer- Yes. Number i
3 of complaints that the booths stay open until 10 pm. Could we close the booth at
9:00 p.m.? Is there a way to quantify the sales in that last hour. Answer- not really.
Mayor DeRosa - is it good business to list businesses in the Ordinance? City
Attorney Green - at the time the initial ordinance was adopted I did not recommend
I it. Equal enforcement under the law etc. Council has decided they wanted to do it
anyway. The change in the reduction of the number of organizations is good but
still has the same concerns. Mayor DeRosa, committed "seems to have more r
liability by listing the names of organizations ". Mayor Pro Tem Vaquez- I have
'$ worked with organizations forever. The hours of 8 -10 p.m. is the time the most
fireworks are sold. The original intent was to help relieve the City of helping €
financially in other ways. That is why changes were recommended.
b. Open Public Hearing
1 Jens Mueller - The money aside, has anyone considered the human cost? Have we
looked at injuries ?, fires during that night? I know personally, my experience, living
on my street, the neighbors, we all dislike the celebratory part of July 4th, we would I
rather we did something like Palm Desert, and just didn't sell fireworks, because 1
there are mortars going off, it is like a free for all, you can barely drive down our
street on the 4th of July and it is down right dangerous. I just wondered if we
considered the human cost for this? t
Chief Van Nortrick responded on injuries. Since I have taken the program over, 1
after the 4th I have contacted Palm Springs fire, CalFire and really, there isn't
significant hazard with fires and injuries. Last year, we responded to one fire, it was
a trash can fire, by properly disposing of Safe and Sane fireworks, otherwise we
were quiet that night. Since I have taken over we have not had any documented
injuries in the city. Mayor Pro Tem Vasquez asked, "Chief, the mortars that are
going off, the issues the community has, are primarily the illegal fire works. That 1
the funding you get from these programs, help to enforce that night, is that correct?
That is correct, what I have been doing, last year for the first time I beefed up the
patrols, we put them in under -cover cars, they were able to sneak up on people using
illegal fireworks and actually making contact with them, checking their I.D. and
Co gave them stern warnings. This year we will continue with that program and will
actually get more officers on the street.
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c. Close Public Hearing
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Council/Board Member Toles moved c. Close Public Hearing Motion seconded by
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Mayor Pro Tem/Vice Chair Vasquez, motion carried 4 - 0.
z d. Recommendation: Introduce Ordinance, read by title only
Council Member Toles moved approval of the Ordinance, motion seconded by Mayor Pro Tem f
Vasquez, motion carried 4 - by M.O.5114, with Pettis absent. E
COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS 1
ADJOURNMENT
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City Council recessed to the Study Session room to continue discussion on the budget at 9:25
p.m.
NOTES TO THE PUBLIC 1
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Please remember: City Hall is closed for lunch 11:45am to 1:15pm. We are closed every
Friday.
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, G The next regularly scheduled meeting of the City CounciUSuccessor Agency is scheduled I
for WEDNESDAY, MAY 8, 2013.
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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 1
the meeting. Any document or writing that relates to an agenda item on the open session of
a Ci Council meetin • that is not distributed at least 72 hours i rior to the meetin 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 services offered by this City, please contact the City
Clerk's Office at (760)770 -0385. Assisted - listening devices are available at this meeting.
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
arrangements can be made to provide accessibility to the meeting or service.
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Pat Hammers, MMC t
City Clerk 1
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April 24, 2013
1. CITY COUNCIL — CONFERENCE WITH LEGAL COUNSEL REGARDING
POTENTIAL LITIGATION item Pursuant to Government Code Section § 54956.9
subd. (b). (C. Green)
No. Potential Cases: 1
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