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HomeMy WebLinkAboutCC Min 2013-09-11 C 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 SEPTEMBER 11,2013 4:00 P.M. STUDY 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 4:00 p.m. ROLL CALL Present: Council Members Henry and Pettis, Mayor Pro Tern Vasquez and Mayor DeRosa. Absent: Council Member Toles MOTION Mayor Pro Tem Vasquez moved and Council Member Pettis seconded a motion to excuse the absence of Council Member Toles. The motion carried 4-0, Council Member Toles absent. CLOSED SESSION PUBLIC COMMENTS None. CLOSED SESSION CITY COUNCIL 1. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957 TITLE OF POSITION: CITY MANAGER CITY COUNCIL AS SUCCESSOR AGENCY 2. CITY COUNCIL — CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION item Pursuant to Government Code Section 54956.9 subd. (c). (C. Green) No. Potential Cases: 1 ADJOURNMENT Mayor DeRosa recessed the Closed Session at 4:51 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 2 of 12 CALL TO ORDER Mayor DeRosa called the Study Session portion of the meeting to order at 5:00 p.m. ROLL CALL Present: Council Members Henry and Pettis, Mayor Pro Tern Vasquez and Mayor DeRosa. Absent: Council Member Toles STUDY SESSION AGENDA 1. Interview candidates for consideration of appointment to fill remaining term of elected City Clerk. (R. Wood) Paul Marchand discussed the accomplishments of former City Clerk Pat Hammers (deceased). He discussed the duties the constituents were owed from the City Clerk's office including honesty and implementation of the California Public Records Act, Fair Political Practices Act, and Political Reform Act. He stated he was an attorney, past Councilmember, had participated on various boards and commissions, and would establish integrity of process and ensure the developed policy was implemented. He stated his skills qualified him to professionally carry out the duties of the City Clerk's office. Gary Howell stated he was the Assistant Treasurer for the City of Boston, Controller for a number of resorts, a Chamber member for 15 years, past Treasurer and City appointee to the Mosquito and Vector Control Board and up for the position of President if not appointed as City Clerk. He stated he knew Roberts Rules of Order and the Brown Act. He explained his work with various City Hall staff and City Council on projects over the years. He stated he would not entertain, be disruptive, or chit chat,just come in, do the job and leave. Mayor Pro Tem Vasquez stated his questions had already been answered. Council Member Henry stated he had no questions. Council Member Pettis explained that the City Clerk position was a part-time job but Ms. Hammers had chosen to make it a full-time job. He asked how the candidates anticipated working as City Clerk with other jobs. Mr. Howell stated he was a realtor and was able to adjust his schedule. He stated he would give up Presidency of the Mosquito Vector Control Board. He stated he was committed to the City and the City Clerk position would be his civic priority. He stated he would be able to adjust his schedule to the benefit of the City. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 3 of 12 Mr. Marchand stated, when he left the Council in 2010, he redirected his law practice from litigation to a transactional practice, which would allow flexibility. He stated he anticipated a Deputy City Clerk position in Cathedral City. He stated he would work smart and efficiently and that the City Clerk's position was part-time. In response to Council Member Pettis, Administrative Services Director Scott discussed the Deputy City Clerk recruitment. She stated the application period might have to be reopened due to the low number of qualified applicants. Mayor DeRosa asked if the candidates had questions for the Council. In response to Mr. Marchand, Administrative Services Director Scott stated there were some funds budgeted for training. Council Member Pettis disclosed that he met with the candidates separately prior to the meeting and obtained answers to his other questions. Mayor DeRosa recessed the study session at 5:28 p.m. to allow the Council to continue in the Council Chambers. PLEDGE OF ALLEGIANCE Mayor DeRosa requested a moment of silence in memory of those who lost their lives on September 11 and for community member Alfred Hook. Cathedral City High School Junior ROTC presented the Colors. Mayor Pro Tern Vasquez led the Pledge of Allegiance. INVOCATION Council Member Henry gave the invocation. PRESENTATION AND PROCLAMATIONS None. CATHEDRAL CITY HIGH SCHOOL STUDENT REPORTS None. PUBLIC COMMENTS Mayor DeRosa opened public comments. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 4 of 12 Paul Marchand remembered the victims of 9-11 and Alfred Hook. Mayor DeRosa closed public comments. STUDY SESSION AGENDA(Continued) 2. Receive update on Ramon Road construction progress. (P. Milos/B. Simons) City Engineer Simons provided an update on the Ramon Road project. Mayor DeRosa stated the project had been a success. 3. Receive presentation by Coachella Valley Water District (CVWD) General Manager Jim Barrett on Chromium 6. (R. Wood) Jim Barrett, CVWD General Manager, introduced the item. Steve Bigley, Palm Springs, CVWD, explained the regulation of chromium. He discussed the existing CVWD water treatment and research projects to test for alternative technologies for removing Chromium 6. He provided cost estimates for the new state mandate. He discussed upcoming action items. He stated comments would be submitted by October 11, 2013 and CVWD would be attending the State hearing. He encouraged residents to attend the CVWD forum. In response to Mayor DeRosa, Mr. Bigley stated MCL stood for maximum contaminate level. In response to Council Member Pettis, Mr. Bigley stated the California Department of Public Health would be the enforcing agency. He explained that the Desert Water Agency Wells would not have to make modifications. He stated the system serving Cathedral City, CVWD, would be impacted. In response to Mayor DeRosa, Mr. Bigley discussed the wells in Cathedral City. He explained the means of notifying the residents of the public forum. Council Member Henry requested the information be sent electronically to the City so it could be disseminated. 4. Receive status update and Power Point presentation on Date Palm Interchange by Patti Romo, Assistant Director for the Riverside County Department of Transportation. (P. Milos) Patti Romo, Highland, Assistant Director for Riverside County Department of Transportation, provided background on the Date Palm Interchange project. She discussed the other I-10 interchange projects. She explained the contract change orders. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 5of12 She discussed the Date Palm interchange Project funding. She explained efforts to accelerate completion and stated the Date Palm Interchange was expected to be complete by Thanksgiving 2013, with the loop ramps complete in December 2013 and the overall project complete in January 2014. She expressed frustration with the project delays. Mayor DeRosa stated a second full closure of the Date Palm Interchange was unacceptable. Council Member Pettis stated the project was unacceptable. He stated the other three interchange projects were completed without issues. He stated the project had been delayed for a year. He stated the contractor was incompetent and the County was paying for down days. He stated Cathedral City was paying $1.1 million. He expressed concern about payments and issues with the contractor. He discussed impacts to local businesses. He expressed concern regarding communication to the residents. He stated the project was poorly managed. He stated businesses losses needed to be offset. He stated the lack of reports to the Council was unacceptable. Mayor DeRosa questioned why the contractor was not present. Ms. Romo stated the contractor had not been invited. Mayor DeRosa stated the contractor should be in the Council Chambers to address the Council's questions. In response to Council Member Henry, Ms. Romo stated the project was anticipated to be completed by January 2014. Council Member Henry asked how much work had been done in the past 60 days. Hugh Smith, Riverside, stated significant work had been completed in the past few months. Council Member Henry asked how project completion would be guaranteed. Ms. Romo explained project costs and potential liquidated damages. Council Member Henry stated there was no incentive for the contractor to complete the project. In response to Mayor DeRosa, Jeff Powelson, Sacramento, stated the contractor had worked at least eight hours today. He explained payment to the contractor. Mayor DeRosa stated no additional funds should be paid to the incompetent contractor. Mr. Powelson stated the contractor had been notified of potential liquidated damages. In response to Mayor Pro Tern Vasquez, Mr. Powelson discussed repair of the failed wall. Mayor Pro Tem Vasquez stated the contractor did the work that failed and a year was spent prior to getting the contractor to come back to repair their failed work. Mr. Powelson stated completion in January 2014 was easily obtainable. In response to Council Member Pettis, Mr. Smith stated contract law prevented use of a different contractor. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 6 of 12 In response to Council Member Pettis, Mr. Powelson discussed the upcoming road closure. In response to Council Member Pettis, Dennis Green, San Bernardino, discussed his meetings with Caltrans to allow the work to be completed during the 30 day closure. He explained communications and stated broadcast media would cause extra expense. Council Member Pettis requested the press releases be provided to the City Council Members. He asked how a business owner filed a claim for lost business due to delays from the project. Mr. Green explained the claim process. Mayor DeRosa thanked the County representatives for the information. She expressed frustration with the project. 5. Receive status update and Power Point presentation on Eagle Canyon Dam by Robert Cullen, Chief of the Design& Construction Division for Riverside County Flood Control and Water Conservation District. (P. Milos) Mr. Cullen, Hecuba Valley, discussed the bid price for the Eagle Canyon Dam project. He explained site contamination due to prior use as a construction material location. Bill Girth, Highland, presented photographs of the Dam construction progress. He explained the flood protection measures. Mr. Cullen stated the information was reviewed with City staff in July. He anticipated completion in February 2014. He discussed the Palm Springs Line 43 project and discussed communications with the auto dealers. Mayor DeRosa thanked Mr. Cullen for the update. 6. City Council/Staff reports and inquiries of new or ongoing projects. Mayor DeRosa stated Cathedral City Historical Society had requested a display at the Desert IMAX. CONSENSUS By consensus, the Council agreed to allow the display. Mayor DeRosa requested an update on the progress of the development code. She introduced Interim City Manager Woods. RECESS Mayor DeRosa recessed the Study Session at 6:25 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 7 of 12 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 Regular meeting of the City Council to order at 6:31 p.m. PRESENTATIONS AND PROCLAMATIONS Proclamation presented to Mr. Joseph Beaver, Black Historical Cultural Society/Black History Committee. (Council) Mayor DeRosa presented a proclamation to Joseph Beaver recognizing Dr. Martin Luther King and efforts of the Black Historical Cultural Society/Black History Committee. Mr. Beaver thanked the Council for its recognition. State of the District by Board President Shari Stewart. (R. Wood) Shari Stewart, Rancho Mirage, provided an overview of Palm Springs Unified School District, including district facts. She discussed the approved $516 million bond and uses for facility updates. She explained how public schools were funded and discussed the District's budget and finances. She explained the career academies, career technical education programs. She discussed Linked Learning and Common Core. She highlighted resource development. Special Recognition Awards presented to Honor Guard (Chief Van Nortrick) Chief Van Nortrick recognized Firefighter/Paramedic Mark Cowett, Fire Captain Robert Allison, Alex Fike, Firefighter/Paramedic Rick Williams, and Russ Barsis for their service in support of a lost firefighter. Mayor DeRosa thanked the firefighters. Presentation of Golden Bear Award to Officers Brothers and Holloway. (Chief Conner) Chief Conner presented Golden Bear Awards to Officer Todd Brothers and Officer Albert Holloway. CLOSED SESSION ANNOUNCEMENTS City Attorney Green stated there was no reportable action. PUBLIC COMMENTS City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 8of12 Mayor DeRosa opened public comments. Scott Robinson, Cathedral City, Boys and Girls Club Executive Director, provided highlights of the Teen Center's first year. Sam Pace, Palm Springs, invited residents to the Meatball Festival on October 27, 2013. Judy Olivas, Cathedral City, Friends of Cathedral City Library Board, thanked the Council for its support. She introduced Paula Smooth, Cathedral City Librarian. Mayor DeRosa closed public comments. AGENDA FINALIZATION None. URGENCY ITEMS City Attorney Green announced the request for a special use permit (SUP) for the Cathedral City High School Homecoming Parade and Pep Rally. MOTION Council Member Henry moved and Mayor Pro Tem Vasquez seconded a motion to add Item 10a. to the agenda to consider the SUP request for the Cathedral City High School Homecoming Parade and Pep Rally. The motion carried 4-0, Council Member Toles absent. COUNCIL COMMENTS Council Member Pettis discussed the memorial service for Mr. Hooks. He congratulated Cathedral City High School's Football Team for its first win. Mayor DeRosa stated she attended the Safe Routes to School meeting. COMMITTEE ASSIGNMENTS See last page of Agenda Book. MINUTES Approval of minutes from City Council Meetings of: 06/12/2013, 05/08/2013, 03/13/2013, 02/27/2013, 01/23/2013, 01/09/2013, 12/12/2013 (Special meeting), 12/12/2013, 11/14/2012, 10/24/2012, and 08/08/2012. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 9 of 12 By consensus, the Council accepted the minutes as submitted. CONSENT AGENDA Item No. 10a. was pulled from the Consent Calendar. Barbara Mortinson, Cathedral City, Vice President of Promotion for the Virginia Waring International Piano Competition, announced the upcoming competition. She thanked the City for its support and invited the community to attend the event. MOTION Council/Board Member Henry moved and Mayor Pro Tem/Vice Chair Vasquez seconded a motion to approve the Consent Calendar, with the exception of Item No. 10a. The motion carried 4-0, Council Member Toles absent. The Consent Calendar consisted of the following items: COUNCIL/CITY COUNCIL AS HOUSING SUCCESSOR AGENCY/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$6,325,247 for the month of August 2013 by M.O. 6151. (T. Scott) (pg. 1-2) CITY COUNCIL 2. COUNCIL. Approve second reading and adoption of an Ordinance of the City Council of the City of Cathedral City, reading by title only, to amend the Cathedral City Municipal Code to authorize the assessment of processing fees and late fees on administrative citations by Ordinance No. 727. (K. Conner/C. Green) (Pg. 3-5) 3. COUNCIL. Approve purchase of three (3) new, fully-outfitted Code Compliance trucks; cost to be completely reimbursed by Riverside County Abandoned Abatement Service Authority (AVA) Trust Funds in an amount not to exceed $147,979.23 by M.O. 6152. (K. Conner) (Pg. 6-19) 4. COUNCIL. Approval of Special Use Permit (SUP) No. 13-016, 2013 Healing Fields, November 10-17, 2013, Patriot Park by M.O. 6153. (P. Milos) (Pg. 20-27) 5. COUNCIL. Approval of Special Use Permit (SUP) No. 13-017, Virginia Waring International Piano Competition, October 10, 2013, KIA Motors, 68-130 Kyle Road, Cathedral City, CA. by M.O. 6154 (P. Milos) (Pg. 28-32) City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 10 of 12 6. COUNCIL. Approval of Special Use Permit (SUP) No. 13-019, 2013 National Night Out, sponsored and hosted by Target Stores, Target Center - 67-750 E. Palm Canyon Drive,4:OOpm-8:OOp.m. by M.O. 6155 P. Milos (Pg. 33-35) 7. COUNCIL. Approve a Resolution of Intention to Vacate 20ft. of excess Right-of-Way on the South side of San Jacinto Road, between Cathedral Canyon Drive and Van Fleet; loft. of excess Right of way on the West side of Van Fleet Avenue, between San Jacinto and "H" Street; and a 20 foot wide alley known as Verbena Lane, located between San Jacinto and "H" Street, east of Cathedral Canyon Drive. Vacation No. 2013-03 by Resolution No. 2013-228 (P. Milos) (Pg. 36-48) 8. COUNCIL. Approve the Community Development Block Grant (CDBG) FY 2012/2013 Consolidated Annual Performance and Evaluation Report for submittal to the U.S. Department of Housing and Urban Development by M.O. 6156. (P. Milos) (Pg. 49-85) 9. COUNCIL. Approve acceptance and placement of donated sculpture "Chopsticks" by artist Simi Dabah by M.O. 6157. (P. Milos) (Pg. 86-99) 10. COUNCIL. Approval of Program Supplemental Agreement No. 006-N1 to administering Agency-State Agreement for Federal Aid Project No. 08-543R between the City of Cathedral City and the State of California, acting through the Dept., of Transportation (CalTrans), for the purpose of administering and disbursement of federal funds for the Right-of-Way phase of Cathedral Canyon Drive bridge, and authorize the City Engineer to execute an agreement on behalf of the City of Cathedral City by Resolution No. 2013- 229 and M.O. 6158. (P. Milos) (Pg. 100-108) The following item was pulled from the Consent Calendar for individual consideration: 10a. COUNCIL. Approval of Special Use Permit(SUP) No. 13-021, for the Annual Cathedral City High School Homecoming Parade and Pep Rally on October 2, 2013. (Pat Milos) In response to Mayor Pro Tem Vasquez, Community Development Director Milos discussed the proposed expenses to the City. Mayor DeRosa opened public comments. There being no speakers, Mayor DeRosa closed public comments. MOTION Council Member Henry moved and Mayor Pro Tern Vasquez seconded a motion to approve Special Use Permit (SUP) No. 13-021, for the Annual Cathedral City High School Homecoming Parade and Pep Rally on October 2, 2013 by M.O. 6159. The motion carried 4-0, Council Member Toles absent. PUBLIC HEARINGS City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 11 of 12 11. COUNCIL. Public Hearing to consider adoption of a resolution to request a name changed from First Street to Hillery Road between Monty Hall Drive and Date Palm Drive. (Pat Milos) (pg. 109-114) Community Development Director Milos presented the staff report. Mayor De Rosa opened the public hearing. Robert Gomer, Cathedral City, stated the request was for the contributions of the entire Hillery Family. He urged the Council to grant the request. There being no additional speakers, Mayor De Rosa closed the public hearing. MOTION Council Member Henry moved and Council Member Pettis seconded a motion to change First Street to Hillery Road between Monty Hall Drive and Date Palm Drive by Resolution No. 2013-230. The motion carried 4-0, Council Member Toles absent. Council Member Henry requested staff work with the Historic Society on a dedication event. LEGISLATIVE ACTIONS 12. COUNCIL. Consider approval of a permanent appointment to fill the remaining term of the elected City Clerk or call for a Special Election pursuant to Government Code Section 36512(b). (R. Wood) Interim City Manager Wood presented the staff report. In response to Council Member Henry, Administrative Services Director Scott stated a special election would cost approximately $38,000 to $45,000 and would be held in March 2014. MOTION Council Member Pettis moved and Mayor Pro Tern Vasquez seconded a motion to appoint a City Clerk to fill the remaining term of the elected City Clerk by M.O. 6160. The motion carried 4-0, Council Member Toles absent. Mayor DeRosa opened public comments. Paul Marchand discussed the loss of Pat Hammers. He stated the City Clerk had to keep the system honest and transparent. He discussed his skills and stated he was the most qualified candidate. He requested the Council appoint him to fill the unexpired City Clerk term. 4 City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of September 11, 2013 Page 12 of 12 There being no additional speakers, Mayor De Rosa closed public comments. MOTION Council Member Pettis moved and Mayor Pro Tern Vasquez seconded a motion to appoint Gary Howell as City Clerk by M.O. 6161. The motion carried 4-0, Council Member Toles absent. COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS None. ADJOURNMENT Mayor DeRosa adjourned the meeting at 9:35 p.m. Approved and adopted by the City Council and City Council serving and the Successor Agency to the Redevelopment Agency on , 2013. KATHLEEN J. DEROSA, Mayor ATTEST: Gary F. Howell,ICity Clerk (seal)