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HomeMy WebLinkAboutCC Min 2014-06-11 Cathedral City MINUTES CITY COUNCIL OF CATHEDRAL CITY AND CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY AND CATHEDRAL CITY DOWNTOWN FOUNDATION BOARD JUNE 11, 2014 3:00 P.M. CLOSED SESSION 3:150 P.M. STUDY SESSION 6:30 P.M. REGULAR MEETING 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 CALL TO ORDER Mayor De Rosa called the Closed Session portion of the meeting to order at 3:00 p.m. ROLL CALL Present: Council Member Pettis, Council Member Toles, Council Member Henry, Mayor Pro Tern Vasquez and Mayor DeRosa Absent: None PLEDGE OF ALLEGIANCE — Mayor Pro Tern Vasquez led the Pledge of Allegiance. INVOCATION — Council Member Toles gave the invocation. CLOSED SESSION PUBLIC COMMENTS Nikohl Vandel, Desert Hot Springs, referred to the Closed Session Items on the Agenda that are related to property negotiations and the sale of property. She feels that Wessman Development does not have the best interest of the City in mind and the Council can choose not to negotiate with them. SUMMARY OF CLOSED SESSION ITEMS Charles Green, City Attorney gave a summary of the Closed Session Items. AGENDA APPROVAL CLOSED SESSION A. CITY COUNCIL AS SUCCESSOR AGENCY AND DOWNTOWN FOUNDATION: City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 2 of 12 1. CITY COUNCIL AS SUCCESSOR AGENCY - CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 (T. Scott) Property Location: Approximately 3.3 acres at NW Corner of East Palm Canyon Drive and Date Palm Drive Property Owners: Redevelopment Agency of Cathedral City Negotiating Parties: City of Cathedral City as Successor Agency, Wessman Development, City Urban Revitalization Corporation Under Negotiation: Property Negotiations 2. CITY COUNCIL AS SUCCESSOR AGENCY - CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 (T. Scott) Property Location: APN # 687-510-002 - 67625 E. Palm Canyon Drive Property Owners: Wessman Development Negotiating Parties: City of Cathedral City as Successor Agency, Wessman Development, City Urban Revitalization Corporation Under Negotiation: Property Negotiations 3. CITY COUNCIL AS SUCCESSOR AGENCY AND CATHEDRAL CITY DOWNTOWN FOUNDATION — CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 (L. Lukes) Property Location: APN # 687-475-003 — 68510 East Palm Canyon Drive Property Owners: Redevelopment Agency of Cathedral City Negotiating Parties: Cathedral City Downtown Foundation, loannis Psalios and Christopher St. Denis Under Negotiations: Property Negotiations 4. CITY COUNCIL AS SUCCESSOR AGENCY AND CATHEDRAL CITY DOWNTOWN FOUNDATION — CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 (L. Lukes) Property Location: APN 687-475-003 —68510 East Palm Canyon Drive Property Owners: Redevelopment Agency of Cathedral City Negotiating Parties: Cathedral City Downtown Foundation, Jesus and Octavio Almaraz Under Negotiations: Property Negotiations City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 3 of 12 B. CITY COUNCIL: None RECESS The Council recessed to Closed Session at 3:08 p.m. ADJOURNMENT Mayor DeRosa adjourned the Closed Session Meeting at 3:50 p.m. CALL TO ORDER Mayor DeRosa called the Study Session portion of the meeting to order at 3:50 p.m. ROLL CALL Present: Council Member Pettis, Council Member Toles, Council Member Henry, Mayor Pro Tern Vasquez and Mayor DeRosa Absent: None PUBLIC COMMENT Mayor DeRosa opened Public Comment. John Stevens, Thousand Palms, stated that he feels the City should continue using the old logo. He does not like the new logo. He questioned why the City does not print the agendas two sided and also questioned if the left over documents are recycled. Nikohl Vandel, Desert Hot Springs, referred to Item 10 under the Consent Agenda and stated that she does not support this resolution. Allen Worthy, expressed his concern with the homeless issue that exists in the desert. He reported that he will be reaching out to Cathedral City High School students for their participation in a play that he is working on. He thanked the Pickford Theatre for entering into an agreement with him allowing him to do a show at the theatre. Craig Loe, Cathedral City, stated that he resides in the Verano Development in Cathedral City. He also is affiliated with a company called Inland Communities Corp. Inland Communities Corp. is in the process of reawakening their neighborhood. He City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 4 of 12 gave an update on the progress of their efforts and what they anticipate happening in the near future. Mayor DeRosa closed Public Comment. STUDY SESSION AGENDA 1. Interview Applicants to fill Vacancies on City Commissions/Committees and Boards. (T. Martinez)(Pg. 1-4) Mayor DeRosa called a recess to conduct interviews to fill vacancies on City Commissions/Committees and Boards. The meeting reconvened with all Council Members present at 6:50 p.m. 2. Receive Information on Maintenance and Construction Agreement between Cathedral City and Palm Springs for an active bike crossing at Cathedral Canyon. (P. Milos) This item will be discussed during regular session. Mayor DeRosa temporarily adjourned the Study Session Meeting at 6:50 p.m. REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS THE BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, HOUSING SUCCESSOR AGENCY AND THE CATHEDRAL CITY DOWNTOWN FOUNDATION. CALL TO ORDER Mayor DeRosa called the Regular Meeting of the City Council to order at 6:50 p.m. ROLL CALL Present: Council Member Pettis, Council Member Toles, Council Member Henry, Mayor Pro Tern Vasquez and Mayor DeRosa Absent: None PRESENTATIONS - IHUB presentation — Joe Wallace, CVEP Joe Wallace, CVEP, presented the City Council with a duplicate of an award that was presented to a business in the Coachella Valley IHUB. They won the Silver Award for City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 5 of 12 World's Best Technology Conference. He thanked the Council for their vision and willingness to take a risk. Mayor DeRosa temporarily adjourned the City Council Meeting at 7:00 p.m. Mayor DeRosa reconvened the Study Session Meeting at 7:00 p.m. with all Council Members present. 4. Discussion on Elected City Clerk Position. (C. McClendon)(Pg. 14-15) It was the consensus of the Council to defer a Ballot Measure question eliminating the Elected City Clerk position to the November 2016 Election. 5. Discussion on Medical Marijuana Dispensaries. (C. McClendon)(Pg. 16-181) Robert Van Roo, Palm Springs, supports medical marijuana. He encouraged the Council to move forward with this and not put it off any longer. Christopher Tripp, Winchester, Cathedral City business owner, indicated that he is pro regulation and that a tax should be implemented. He feels that a 10% tax is reasonable. He supports a ballot measure. Christine Bennett, Hemet, knows people who benefit with the use of medical marijuana and supports it. Theresa Hooks, Cathedral City, feels that the issue of medical marijuana is a big issue that requires careful consideration before making a decision. She does feel that it needs to go to the vote of the people; however, it does not need to be rushed. She suggested doing a city-wide survey, whether it should go on a ballot or not. Mike, Palm Desert, Cathedral City business owner, supports medical marijuana. He feels that there will be monetary benefits for the City if dispensaries are allowed in the City. Alan Carvalho, Cathedral City, feels that it is the Council's duty to mandate and to do their job for as long as their term. He thanked them for the work that they do. Todd Hooks, Cathedral City, feels that this is a Cathedral City issue. Most of the individuals that have spoken don't reside in town. He feels that some analysis needs to be done and that it should go to a vote of the people; however, he does not hear the urgency at this time. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 6 of 12 Allan Worthy, does not support medical marijuana dispensaries. Valerie Schechter, Cathedral City, expressed her support for the Council. She has seen medical marijuana help individuals that truly needed it. It was the consensus of the Council to direct staff to bring forward ballot language for consideration of the Council at their meeting of July 9, 2014. Mayor DeRosa temporarily adjourned the Study Session Meeting at 8:20 p.m. and reconvened the City Council Meeting with all members of the Council present. AGENDA FINALIZATION URGENCY ITEMS City Attorney Charles Green indicated that the following Item needs to be added to the Agenda: Adopt a Resolution authorizing the submittal of an application, and implementation documents to the California State Department of Housing and Community Development for funding under the HOME Investment Partnerships Program for the benefit of Southern California Housing Development Corporation ("CORE") to participate in the HOME Investment Partnerships Program. In order to add this item to the Agenda, the item would have to have been identified after the agenda was prepared and action needs to be taken prior to the next regularly scheduled meeting. Both criterion have been met. MOTION by Council Member Pettis carried 5-0, to add the item to the Legislative portion of the Agenda by M.O. 6253. Council Member Henry left the Council Meeting at approximately 8:25 p.m. CLOSED SESSION REPORTS Charles Green, City Attorney, announced that there are no Closed Session Reports. PUBLIC COMMENTS Mayor DeRosa opened Public Comments. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 7 of 12 John Stevens, Thousand Palms, would like to see which logo the City uses be placed on the ballot. He also feels that the off ramp on the 110 west to Ramon Road needs to be brought back. Mayor DeRosa closed Public Comments. COUNCIL COMMENTS - None COMMITTEE ASSIGNMENTS - See last page of Agenda Book. CONSENT AGENDA MOTION by Council Member Pettis, second by Council Member Toles, carried 4-0-1-0 (Councilmember Henry was absent), to approve the following Consent Agenda Items with the removal of Item 7 and a correction to Item 16, the trip is fully funded by RCTC not SCAG: A. COUNCIL/CITY COUNCIL AS SUCCESSOR AGENCY BOARD: 1. COUNCIUCITY COUNCIL AS SUCCESSOR AGENCY BOARD. Receive and File payment of Claims and Demands in the aggregate sum of$3,837,402 for the month of May 2014 by. M.O. 6242 (T. Scott) (Pg. 1-2) 2. COUNCIUCITY COUNCIL AS SUCCESSOR AGENCY AND DOWNTOWN FOUNDATION BOARD. Approve minutes of Wednesday, May 14, 2014 and May 28, 2014. (T. Martinez) (Pg. 3-17) B. CITY COUNCIL: 3. COUNCIL. Approve the award of a contract in the amount of $638,000.00 to Matich Corporation to construct the Avenida Maravilla Street Improvements Project by M.O. 6243. (P. Milos) (Pg. 18-21 ) 4. COUNCIL. Approve the award of a contract in the amount of $534,520.00 to Granite Construction Company to construct the South City Street Improvements Project by M.O. 6244. (P. Milos) (Pg. 22-25) 5. COUNCIL. Approve the award of a contract in the amount of $86,000.00 to SKANSKA, USA to construct the Vista Chino — Date Palm Drive Intersection Improvements Project by M.O. 6245. (P. Milos) (Pg. 26-29) 6. COUNCIL. Approve the award of a contract in the amount of $169,000.00 to City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 8 of 12 Conserve Landcare for the construction of irrigation and landscaping in the medians on Ramon Road between Date Palm Drive and Landau Boulevard by M.O. 6246. (P. Milos) (Pg. 30-32) 8. COUNCIL. Approve Resolutions calling a General Municipal election to be held Tuesday, November 4, 2014, requesting that the County of Riverside provide election services and establishing regulations for candidates filing an optional Candidate Statement by Res. 2014-17 and Res. 2014-18. (T. Martinez) (Pg. 44- 51) 9. COUNCIL. Approve appointments to Various Commissions/Committees and Boards by M.O. 6248. (T. Martinez) (Pg. 52-55) The following appointments were made: Palm Springs International Airport Commission Bary Freet, term expiring June 30, 2015 Planning Commission John Holt, term expiring June 30, 2017 J. William Baker, term expiring June 30, 2017 Shelley Kaplan, term expiring June 30, 2017 Financial Advisory Committee Roger Culbertson, term expiring June 30, 2017 Emmanuel Sarpong, term expiring June 30, 2017 Valerie Wagner, term expiring June 30, 2017 Public Arts Commission Greg Murphy, term expiring June 30, 2017 Alan Carvalho, term expiring June 30, 2017 Parks and Recreation Commission Julie Haltman, term expiring June 30, 2017 10.COUNCIL. Approve Resolution of Support of the Local and Regional Military Installations in the County of Riverside, opposing another round of Base Realignment and Closure (BRAC) as it relates to Naval Surface Warfare Center and March Air Reserve Base by Res. 2014-19. (C. McClendon) (Pg. 56-59) 11.COUNCIL. Approve second reading and adoption, reading by title only, of an Ordinance of the City Council of the City of Cathedral City adding Chapter 5.82, City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 9 of 12 "Regulations for the Operation of Food Trucks" to Title 5, "Business Regulations," of the Cathedral City Municipal Code by Ord. 735. (C. McClendon) (Pg. 60-66) 12.COUNCIL. Approve authorization to submit a Grant Application for Fiscal Year 2014 for Edward Byrne Memorial Assistance Program by M.O. 6249. (K. Conner) (Pg. 67-72) 13.COUNCIL. Approve authorization to purchase IPads, Telestaff Interface and fire rescue equipment using $25,000.00 grant received from the Aqua Caliente Band of Cahuilla Indians by M.O. 6250. (R. VanNortrick) (Pg. 73-74) 14.COUNCIL. Approve Landscape and Lighting Maintenance District (LLD) Resolutions to renew assessments in sixteen (16) existing benefit zones (zones 1 through 54) within the maintenance district for Fiscal Year 2014/2015 by Res. 2014-20 and Res. 2014-21. (T. Scott) (Pg. 75-122) 15.COUNCIL. Approve a Resolution of the City of Cathedral City Community Facilities District 2000-1 establishing annual special tax for Fiscal Year 2014/2015 by Res. 2014-22. (T. Scott) (Pg. 123-128) 16.COUNCIL. Intended travel from Councilmember Pettis, American Public Transportation Association (APTA) Rail Conference, June 14 — June 18, 2014 — Montreal, QC Canada (Trip fully funded by RCTC) (Councilmember Pettis) 17.COUNCIL. Travel from Councilman Pettis for National Association of Regional Council (NARC) 48th Annual Conference and Exhibition, June 8-11, 2014 Louisville, KY - trip is funded by Southern California Association of Governments (SCAG) (Councilmember Pettis) 18.COUNCIL. Approve final adoption of a Mitigated Negative Declaration for City of Cathedral City Capital Improvement Project No. 8913, for Construction of improvements to widen East Palm Canyon Drive between Canyon Plaza and Perez Road by M.O. 6251. (P.Milos) (Pg. 129) ITEM REMOVED FROM CONSENT AGENDA 7. COUNCIL. Approve a Construction and Maintenance Agreement between the City of Palm Springs and the City of Cathedral City for the construction and maintenance of the Cathedral Canyon Drive crosswalk. (P. Milos) (Pg. 33-43) MOTION by Council Member Pettis, second by Council Member Toles, carried 4-0-1-0 (Council Member Henry was absent), to approve a Construction and Maintenance City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 10 of 12 Agreement between the City of Palm Springs and the City of Cathedral City for the construction and maintenance of the Cathedral Canyon Drive crosswalk by M.O. 6247. PUBLIC HEARINGS 19.COUNCIL. Adopt Resolutions determining the validity of prior proceedings and establishment of Improvement Area No. 5; calling for a Special Election; canvassing the results of the Special Election and introduce the Ordinance authorizing the levy of a Special Tax. (T. Scott) (Pg. 130-149) Mayor DeRosa made the following statement: "This is the time and place for the public hearing for the proposed formation of the Improvement Area No. 5 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, paramedic and Park Maintenance Services). The public hearing is hereby officially opened. At this time, we will first have presentations by staff about the District. After that, we will receive comments and questions and any oral protest from any interested persons. When all comments have been received the public hearing will be closed." Deputy City Clerk, Tracey Martinez made the following statement: "Notice of the public hearing has been published in accordance with the Mello- Roos Community Facilities Act of 1982 and proof of such publication is on file in the City Clerk's Office. Tami Scott, Administrative Services Director, gave an overview of the formation of the proposed district. Mayor DeRosa invited members of the public to speak on the proposed formation. There were none. Mayor DeRosa made the following statement: "Before I formally close the hearing, is there any property owner subject to the proposed special tax who wish to file a written protest? If so, they must be filed with the City Clerk at this time. For the purpose of a majority protest, only written protests are to be considered." There were no written protests. Mayor DeRosa closed the Public Hearing City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 11 of 12 MOTION by Council Member Toles, second by Mayor Pro Tem Vasquez, carried 4-0-1-0 (Council Member Henry was absent), to adopt a Resolution approving the formation of the District by Res. 2014-23. MOTION by Council Member Toles, second by Mayor Pro Tern Vasquez, carried 4-0-1-0 (Council Member Henry was absent), to adopt a Resolution Calling an Election by Res. 2014-24. Mayor DeRosa announced the following: "At this time, I hereby direct the City Clerk to tabulate the ballot and announce if two-thirds of the votes cast upon the question of levying the tax are in favor of levying that tax." Deputy City Clerk, Tracey Martinez stated that two-thirds of the votes cast upon the question of levying the tax are in favor of levying that tax. MOTION by Council Member Toles, second by Mayor Pro Tem Vasquez, carried 4-0-1-0, (Council Member Henry was absent), to adopt a resolution canvassing the results of the Special Election by Res. 2014-25. MOTION by Council Member Toles, second by Mayor Pro Tern Vasquez, carried 4-0-1-0, (Council Member Henry was absent), to approve the first reading of an Ordinance of the City Council of the City of Cathedral City acting as the legislative body of Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) of the City of Cathedral city authorizing the levy of a special tax within said district by title only by M.O. 6252. LEGISLATIVE ACTIONS 20.COUNCIL. Approve the Sub-reimbursement Agreement between Coachella Valley Association of Governments (CVAG) and the City of Cathedral City for the Jefferson Street — Interstate 10 Interchange Project and authorize the Mayor to execute the agreement. (P. Milos) (Pg. 150-151) MOTION BY Council Member Pettis, second by Council Member Toles, carried 4-0- 1-0, (Council Member Henry was absent), to deny the approval of a sub- reimbursement Agreement between Coachella Valley Association of Governments (CVAG) and the City of Cathedral City for the Jefferson Street — Interstate 10 Interchange Project by M.O. 6254. 21.COUNCIL. Adopt a Resolution authorizing the submittal of an application and City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency and Cathedral City Downtown Foundation Board Minutes of June 11, 2014 Page 12 of 12 implementation documents to the California State Department of Housing and Community Development for funding under the HOME Investment Partnerships Program Rosario Avila, Cathedral City, stated that she attended the last Council Meeting where the CORE appeal was before Council, she questioned why the City Council approved the appeal. MOTION by Council Member Toles, second by Council Member Pettis , carried 4-0- 1-0 (Council Member Henry was absent), to adopt a Resolution authorizing the submittal of an application and implementation documents to the California State Department of Housing and Community Development for funding under the HOME Investment Partnerships Program by Res. 2014-27. COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS - None Mayor DeRosa adjourned the City Council Meeting at 8:46 p.m. Mayor DeRosa reconvened the Study Session Meeting at 8:46 p.m. 5. Discussion on removing the four yard sales per year limitation for non-profit organizations. (P. Milos)(Pg. 5-13) This item will be referred to the Planning Commission for their discussion and action. ADJOURNMENT Mayor DeRosa adjourned the meeting at 9:01 p.m. Approved and adopted by the City Council and City Council serving as the Successor Agency to the Redev- opment Agency and Cathedral City Down •wn Foundation on July 9, 2014. 3rHLEEN J. 11RO A, Mayor ATTE - . �\ GARY' . HO JELL, ' i —ea( (seal)