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HomeMy WebLinkAboutCC Min 2012-03-28 C tlttdrd City MINUTES CITY COUNCIL OF CATHEDRAL CITY AND CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY BOARD 68700 AVENIDA LALO GUERRERO, CATHEDRAL CITY,CA 92234 MARCH 28,2012 3:00 P.M. CLOSED SESSION 5:00 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 3:00 p.m. ROLL CALL Present: Council Members England, Pettis and Toles, Mayor Pro Tern Vasquez and Mayor DeRosa. CLOSED SESSION PUBLIC COMMENTS None. SUMMARY OF CLOSED SESSION ITEMS City Attorney Greene summarized the Closed Session items. AGENDA APPROVAL By acclamation, the Council approved the Closed Session agenda. CLOSED SESSION A. CITY COUNCIL AS SUCCESSOR AGENCY 1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION pursuant to Government Code Section 54953.9(A) (C. Green) Case name: Redevelopment Agency of the City of Cathedral City vs. Tri- Millennium Cathedral City, LLC, et. seq. Case No. BX382171 Court Los Angeles County Superior Court 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 (T. Scott) City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 2 of 13 Property Location: Parcel Map 32932 Parcel 1, East of Van Fleet Avenue, south of East Palm Canyon Negotiating Parties: Successor Agency of the Redevelopment Agency of the City of Cathedral City and City Urban Revitalization Corporation Property Owners: Redevelopment Agency of the City of Cathedral City and City Urban Revitalization Corporation Under Negotiations: Property Negotiations 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 (J. Davison) Property Location: APN's 687-475-003 Negotiating Parties: Cathedral City Redevelopment Agency, Blue Royale (Atef Taher) and Soul Food Mama's, LLC (Daniel Webster) Property Owners: Cathedral City Redevelopment Agency Under Negotiations: Property Negotiations B. CITY COUNCIL: 4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 (A. Hall) Property Location: APN's 687-086-002 thru -006 Negotiating Parties: Cathedral City Redevelopment Agency and Carpet Empire Property Owners: Cathedral City Redevelopment Agency Under Negotiations: Property Negotiations 5. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION pursuant to Government Code Section 54956.9(A) (C. Green) Case Name: City of Cathedral City v. Sukut Construction, Inc. Case No: INC 1105593 Court: Riverside Superior Court 6. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiator: Donald Bradley, City Manager Represented Employees& 1)American Federation of State, County and Non-Represented Employees Municipal Employees(AFSCME) 2) Cathedral City Professional Firefighters Association(CCPFA) 3) Cathedral City Police/Fire Management Association(CCPFMA) 4) Cathedral City Police Officers Association (CCPOA) 5)Non-Represented Employees City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 3 of 13 7. CITY COUNCIL - CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9 subd. (c) (C. Green) No. Potential Cases: 1 Mayor DeRosa recessed the Closed Session at 5:00 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 4 of 13 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY BOARD CALL TO ORDER Mayor De Rosa called the Special Meeting to order at 5:07 p.m. ROLL CALL Present: Council Members England, Pettis and Toles, Mayor Pro Tem Vasquez and Mayor DeRosa. PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE Mayor Pro Tern Vasquez led the Pledge of Allegiance. INVOCATION Council Member Toles gave the invocation. CATHEDRAL CITY HIGH SCHOOL STUDENT REPROTS Alma Perez provided updates on events at the High School. PUBLIC COMMENTS Mayor DeRosa opened public comments. Sara Mosley and Shine Nisser, Cathedral City, thanked the Mayor and Council on its participation in the Week of the Young Child event on Saturday, April 14, 2012. Jasmin Aleman, Cathedral City, stated she was putting on a fashion show to raise money to fund a well in Africa. She invited the Council to attend the event at the Star View Restaurant, on April 15, 2012. Jeff Geraci, Cathedral City, expressed concern regarding retention of the chief financial officer. He discussed the City Manager's tenure and Measure H. He questioned where the money was and why Police officers were being terminated. He stated the residents loved the police, firefighters and city workers. Mayor DeRosa stated there would be no promotions at the Police Department. She stated the Council was trying to deal honestly, openly and effectively. She stated Measure H revenue would remain in the City. She stated misinformation was unacceptable. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 5 of 13 Susie Genero, Desert Hot Springs, President of Local 3961, discussed the positions within the union. She expressed concern regarding the proposed budget and job elimination. She stated they understood the budgetary concerns and were prepared to assist in developing alternative fiscal solutions. Lorraine Rodriquez, Indio, Cathedral City employee, stated her job was proposed for potential elimination. She discussed the services she provided to the City. She urged the Council to not layoff public service employees. Juan De Leon, Cathedral City, Parks and Recreation employee, expressed concern about losing his job. He suggested an alternative solution for the budget. Kelly Nova, Rancho Mirage, requested the union president speak first. Mark Robles, La Quinta, Union President, addressed the Council regarding the proposed layoff of police officers. He urged the Council to consider the irreversible ramifications to the community if the layoffs were approved. Kelly Nova, Rancho Mirage, read a letter from Daniel Aines, Cathedral City, regarding proposed Police Department cuts. Dan Foster, Cathedral City, Police Department Crime Analyst, stated he was on the list to be laid off. Karen Hogan, Cathedral City, Administrative Assistant in the Police Department, expressed concern regarding potential budget cuts affecting her position and the businesses she frequented. She discussed her participation in City events and contributions to assist the City's financial crisis. Alfredo Luna, Cathedral City Police Officer, addressed the Council regarding proposed layoffs of Police Officers. He discussed crime in Desert Hot Springs and potential for crime take over in Cathedral City. Laura Hanlon, La Quinta, Cathedral City Police Department, requested the Council consider the impact of a work force reduction at the Police Department. Al Hollaway, La Quinta, Cathedral City Police Officer, addressed the Council regarding the proposed cutbacks. He discussed the ramifications of reduced staff. Mark Carnivali, Cathedral City, urged the Council to retain Police officers. Jens Mueller, Cathedral City, discussed pension liability and urged Police, Fire and City employees to consider pension reform. He questioned the purpose of Measure H. He stated Alan Howe provided misinformation regarding loss of $12 million from redevelopment funds. He stated the General Fund was intact and the City had to live within its means. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 6 of 13 Mayor DeRosa stated the City was at risk of losing $8 million from the General Fund due to Creekside and Heritage. Terry Nelson, Cathedral City, indicated opposition to Mr. Mueller's comments. He agreed that the Police and Fire Departments were needed. He recommended considering cuts from upper management. Angel Vanderbury, Cathedral City, discussed the sewer system for her mother's home. Mayor DeRosa suggested she speak with Mr. Hall. Marilyn Blang, stated she was appalled that the Council had failed the needs of the residents and potential loss of jobs. She stated residents were arming themselves for fear of what would happen. Mayor DeRosa closed public comments. STUDY SESSION AGENDA The Council moved to the back room to conduct interviews. A. CITY COUNCIL 1. Interview of applicant for appointment to serve on Cathedral City's Commission or Committee. (P. Hammers) (Pg. 1-15) 2. Interviews of youth applicants for appointment to serve as Ex-Officio members on Cathedral City's Commission and Committees in order to increase youth input into the City's projects and activities. (A. Howe) (Pg. 16-24) ADJOURNMENT Mayor DeRosa adjourned the Study Session at 6:01 p.m. RECONVENE Mayor DeRosa reconvened the Study Session at 7:50 p.m. STUDY SESSION (Continued) 3. Status report on the proposed Community Development Block Grant (CDBG) Consolidated Plan and Annual Action Plan. (A. Hall) City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 7 of 13 Community Development Director Hall presented the staff report. He explained that the City had become an entitlement city. Council Member Pettis stated Senator Feinstein and Senator Boxer had assisted in making the change. In response to Council Member England, Community Development Director Hall explained the eligible projects. He discussed the potential revolving loan fund to assist senior and/or low income residents in need of sewer connections. He stated the City's allotment would be provided July 1, 2012. 4. Receive update on Cathedral Alarm Ordinance. (K. Conner) Chief Conner presented the staff report. In response to Council Member Pettis, Chief Conner discussed the senior exemption in Indio. He stated it was not included in the ordinance and he did not know how a new resident would know about the exemption. In response to Council Member Pettis, Chief Conner stated he had not calculated the financial impact of exempting seniors in Cathedral City. He stated the billing company was based in Texas. He stated the alarm company notified the resident of the need for an alarm permit. Council Member Pettis suggested considering a senior exemption. Council Member England requested Council Member Pettis elaborate on senior exemptions. Council Member Pettis suggested exempting those over 65 years old. In response to Council Member England, Chief Conner stated the City of Palm Springs did not have a senior exemption. Council Member Toles asked the annual alarm permit fee. Chief Conner stated the initial fee was $35, with a renewal fee of$30. Council Member Toles stated there was a cost of service and the fees were logical. Chief Conner agreed that the permit fees should be paid. He explained the intent to use reserves to assist the patrol officers. Warren Horton, Cathedral City, addressed the Council regarding senior exemptions from alarm permits. He discussed alarm permit fee revenue. He suggested the Council consider the limited income of seniors. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 8 of 13 Mayor DeRosa stated there were 4000 calls for service. Stan Henry, Cathedral City, commended Chief Conner for the proposed permit fees. He stated Indio raised alarm fees and still did not respond to false alarms. Council Member Toles discussed the need to compensate the Police Department and suggested asking the alarm companies to provide a senior discount. 5. Discussion of Special Use Permit application 12-013 for a proposed concert event "Desert Block Party", Saturday, May 5, 2012, vacant lot adjacent to IMAX-Picanha's complex(L. Mallotto) Lynn Mallotto presented the staff report. In response to Mayor Pro Tern Vasquez, Lynn Mallotto stated the Police Department had suggested the event be limited to adults over 21 years of age. 6. City Council/Staff reports and inquiries of new or ongoing projects. Mayor DeRosa requested Chief Conner ask the Department of Probation to attend a Council meeting to discuss AB 109. Chief Conner stated Probation had discussed the matter at CVAC. Mayor DeRosa requested Probation address impacts to the City. Mayor DeRosa requested an update on the sewer and loan programs. Community Development Director Hall discussed utility and bank programs available to assist residents with the cost of connecting to the sewer. Chief Conner reminded residents about the canine fundraiser, Going to the Dogs, on March 31, 2012. ADJOURNMENT Mayor DeRosa adjourned the Study Session at 9:30 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 9 of 13 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY BOARD AND AS THE HOUSING SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY CALL TO ORDER Mayor DeRosa called the Special meeting of the City Council to order at 7:01 p.m. PRESENTATIONS AND PROCLAMATIONS 1. Golden Bear Award—Evalyn Beaugrand and Dan Caffney(Chief Conner) Chief Conner presented Golden Bear Awards to Ms. Beaugrand and Mr. Caffney. 2. Certificate presented to City of Cathedral City by John Mitch, Sr. Public Affairs, Kaiser Permanente Mr. Mitch, Kaiser Permanente, recognized the City Council for participating in the Healthy Eating—Active Living Campaign. CLOSED SESSION ANNOUNCEMENTS City Attorney Green stated there were no reportable actions. He announced that the Council, on a 4-0 vote with Mayor Pro Tern Vasquez absent, added the following urgency item: Olivia Avilas vs. City of Cathedral City, Case No. INC 10009705, Superior Court of Riverside County. PUBLIC COMMENTS Mayor DeRosa opened public comments. Sam Medrano, Cathedral City, addressed the Council regarding alarm registration and false alarm fees. He urged the Council to exempt seniors from the fees. He suggested the ordinance be reconsidered. Nana Rodas, Cathedral City, addressed the Council regarding the potential loss of her husband's job. She requested the Council protect the few remaining positions in the City. Warren Horton, Cathedral City, stated he would be addressing the alarm permit issue later. There being no additional speakers, Mayor DeRosa closed public comments. AGENDA FINALIZATION City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28,2012 Page 10 of 13 None. URGENCY ITEMS None. COUNCIL COMMENTS Council Member Toles discussed the loss of redevelopment funds. He stated the entire Council and City Manager took reductions of positions very seriously. Council Member England discussed the state of the City's budget. He discussed the economic downturn and State's taking of redevelopment agency funds. He stated the City would get through it together. He thanked the Administrative Services Department for urging the Council to save for the rainy days. He provided the Sun Line Transit 2012 report. Council Member Pettis stated the Council was committed to a balanced budget. He discussed recent community events. He discussed the grant for Sun Line for additional service during the Sun Dance and Coachella Fest. He stated he was appointed to the League of California Cities, County, and Schools Partnership Board. He stated he attended the Thousand Palms Chamber meeting to discuss the potential annexation. Mayor Pro Tern Vasquez stated the people were demanding a balanced budget which would come at a price to the people. He stated he would not support cuts or changes until the employees were provided the opportunity to present ideas. Mayor DeRosa requested the unions provide a comprehensive package on budget solutions. She stated the City would lose $2 million from the General Fund due to the loss of redevelopment and an additional $4 million from projects for 2 years which would total $12 million. She thanked AYSO for bringing the State Championships to the City and all those that participated. She congratulated Sy on his 100th Birthday. She stated she represented the Council at the Lions Club and United Way Dinners. She recognized two Public Works employees for their random act of kindness. She stated she attended the Homeless Committee meeting and requested staff contact CVAG regarding banks processing evictions more slowly. She announced the upcoming Friends of Cathedral City Library event. COMMITTEE ASSIGNMENTS See last page of Agenda Book. MINUTES Approval of minutes from City Council Meeting of: 03/07/2012. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 11 of 13 By consensus, the Council accepted the minutes as submitted. CONSENT CALENDAR A. CITY 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 $6,672,056 for the month of February 2012 by M.O. 4957 and M.O. SA-003. (T. Scott) (Pg. 1-2) 2. COUNCIL. Approve Agency Reimbursement between the Coachella Valley Association of Governments and the City of Cathedral City for the Project to Improve Date Palm Drive, South of Interstate 10 including the intersection of Vista Chino Drive in the not-to- exceed amount of $560,062 and authorize the Mayor and City Manager to Sign the Agreement on behalf of the City Council by M.O. 4958. (A. Hall) (Pg. 3-16) 3. a) Approve Program Supplemental Agreement No. 0195 Rev. 000 to administering Agency-State Master Agreement No. 00263S between the City of Cathedral City and the State of California, acting through the Department of Transportation (Caltrans), for the purpose of administering and disbursement of state funds for the construction of the Ortega Road Safe Routes to Schools Projects by M.O. 4959; and b) Adopt a Resolution approving Program Supplemental Agreement No. 0195 Rev. 000 to administering Agency-State Master Agreement No. 00263S between the City of Cathedral City and the State of California by Resolution No. 2012-160 (A. Hall) (Pg. 17- 33) 4. COUNCIL. Approve appointment of applicant to Commission or Committee - Jim Cox to the Public Arts Commission by M.O.4960 . (P. Hammers) 5. COUNCIL. Approve appointment of youth applicants for Appointment to Commissions and Committees to serve as Ex-Officio members on Cathedral City's Commissions and Committees by M.O. 4961. (A. Howe) 6. COUNCIL. Approve Special Use Permit Application 12-013 for a proposed concern event "Desert Block Party", Saturday, May 5, 2012, vacant lot adjacent to IMAX- Picanha's complex by M.O. 4962. (L. Mallotto) (Pg. 34-41) 7. COUNCIL. Receive report of intended travel from Mayor DeRosa for a) International Pow Wow, April 22, 23, 2012, Los Angeles, CA (Funded by CVA); and b) The California Peace Officers' Memorial Foundation, May 5-6, 2-12, Sacramento, CA City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 12 of 13 8. COUNCIL. Receive report of intended travel from Council Member Pettis, RCTC LOSSAN Meeting, Thursday, March 29, 2012, Santa Barbara, CA(funded by RCTC) 9. COUNCIL. Receive report of intended travel from City Clerk Hammers, IIMC Annual Conference, May 18-25, 2012, Portland, Oregon MOTION Council/Board Member Pettis moved and Council/Board Member Toles seconded a motion to approve the Consent Calendar. The motion carried unanimously. PUBLIC HEARINGS 10. COUNCIL. Consider approving Vacation 012-01: to vacant a 20 foot wide alley, between Bankside Drive and Melrose Drive, south of East Palm Canyon Drive, located behind 68-307 E. Palm Canyon Drive. (D. Faessel) (Pg. 42-50) Dave Faessel presented the staff report. Council Member Pettis suggested the applicant be requested to have construction vehicles come off of Bankside Drive. Mayor DeRosa opened the public hearing. Richard Altman, Cathedral City, expressed concern regarding construction trucks and requested the vehicles use Bankside Drive. There being no additional speakers, Mayor DeRosa closed the public hearing. Council Member Toles suggested Mr. Altman's property be respected. MOTION Council Member Pettis moved and Council Member England seconded a motion to approve Vacation 012-01 by Resolution 2012-159. The motion carried unanimously. LEGISLATIVE ACTION None. ADJOURNMENT Mayor DeRosa adjourned the Special Meeting at 8:49 p.m. and reconvened the Study Session. KATHLEEN J. DEROSA, Mayor City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of March 28, 2012 Page 13 of 13 ATTEST: ARY F. HOWELL, City Clerk (seal)