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HomeMy WebLinkAboutCC Min 2014-08-13 Cathedral City MINUTES CITY COUNCIL OF CATHEDRAL CITY AND CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, CATHEDRAL CITY DOWNTOWN FOUNDATION AND HOUSING SUCCESSOR AGENCY BOARD AUGUST 13, 2014 5:00 P.M. CLOSED SESSION 5:15 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 5:00 p.m. ROLL CALL Present: Council Member Pettis (via telecom), Council Member Toles (via telecom), Council Member Henry, Mayor Pro Tern Vasquez and Mayor DeRosa Absent: None CLOSED SESSION PUBLIC COMMENTS - None AGENDA APPROVAL SUMMARY OF CLOSED SESSION ITEMS Charles Green, City Attorney read a summary of the items under Closed Session. CLOSED SESSION A. CITY COUNCIL AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY: 1. CITY COUNCIL AS SUCCESSOR AGENCY - CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 (T. Scott) Property Location: APN 687-510-045, Vacant lot west of 67909 East Palm Canyon, Cathedral City, CA Property Owners: Conneat PartnersNegotiating Parties: City of Cathedral City as Successor Agency to the former Redevelopment Agency, Abe Razebeck, Mike Murphy Under Negotiation: Property Negotiations City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board Minutes of August 13, 2014 Page 2 of 10 2. CITY COUNCIL AS SUCCESSOR AGENCY — CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. (T.Scott) Property Location: Approximately 20 acres of vacant land bound by Monty Hall, East Palm Canyon and Date Palm Drive Negotiating Parties: City of Cathedral City as Successor Agency to the former Redevelopment Agency and City Urban Revitalization Corporation Property Owners: City of Cathedral City as Successor Agency to the former Redevelopment Agency Under Negotiations: Property Negotiations B. CITY COUNCIL: 1. CITY COUNCIL - CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - Pursuant to (Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code. (C. Green) Name of case: City of Cathedral City v. Grasshopper et. al., Riverside County Superior Court Case Number: INC 1206440 RECESS The Council recessed to Closed Session at 5:15 p.m. ADJOURNMENT Mayor DeRosa adjourned the Closed Session Meeting at 5:35 p.m. CALL TO ORDER Mayor DeRosa called the Study Session portion of the meeting to order at 5:35 p.m. ROLL CALL Present: Council Member Henry, Council Member Toles (via telcom), Council Member Pettis (via telecom), Mayor Pro Tem Vasquez and Mayor DeRosa Absent: None PRESENTATIONS AND PROCLAMATIONS - None PUBLIC COMMENT City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board Minutes of August 13, 2014 Page 3 of 10 Craig Loe, representing Inland Communities, gave an overview of the challenges that they are facing with the Rio Vista Village Project. They are working with staff to come up with some solutions to the issues. Mayor De Rosa closed Public Comment. STUDY SESSION AGENDA 1. Presentation from SunLine on the Mobile Music Venue "111 Music Fest" — Coachella Valley Art Scene (C. McClendon) (Pg.1-2) It was the consensus of the City Council to move forward with a sponsorship in the amount of$1,000 for the event. 2. Receive update from Alan Edwards on IMS Music Festival Special Use Permit. (P. Milos) (Pg. 3) The City Council received an update on the IMS Music Festival from Alan Edwards. 3. Discussion on Bounce Houses in city Parks. (P. Milos) (Pg. 4-22) It was the consensus of the Council to place signs in the park indicating that permits are required for bounce houses in City Parks and to re-visit this issue in six months. 4. Receive update on model Plastic Bag Ordinance. (P. Milos) (23-32) Tim Parott, Cathedral City, supports moving forward with a plastic bag Ordinance. It was the consensus of the Council to send a letter to the State indicating that Cathedral City strongly supports the ban on the use of plastic bags at a State-wide level and encouraging the State to move forward with their efforts. 5. Discussion on Service Provider Agreement between the City of Cathedral City and the Cathedral City Chamber of Commerce. (C. McClendon) (33-43) An update was given by Lynn Mallotto and Nick Nickerson. Mayor DeRosa read the following for inclusion into the record: Chip Yarborough, resident, Cathedral City: I strongly oppose the public subsidy of the Cathedral City Chamber of Commerce. Why should the public subsidize this organization that clearly has not brought any business City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board Minutes of August 13, 2014 Page 4 of 10 to our City. In the past we have given them a cut on rent and given them money to survive. Let them survive on the money the business community thinks they are doing. If the business community is willing to support the work they do and sees a value they will make it. My hunch is the business community, other than the 10-12 favorite businesses don't see a value. The City can do a better job of supporting and attracting businesses. I urge you to vote no. Mayor DeRosa adjourned the Study Session Meeting at 6:43 p.m. REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS THE BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, THE CATHEDRAL CITY DOWNTOWN FOUNDATION AND HOUSING SUCCESSOR AGENCY BOARD. CALL TO ORDER Mayor DeRosa called the Regular Meeting of the City Council to order at 6:43 p.m. ROLL CALL Present: Council Member Pettis (via telecom), Council Member Toles (via telecom), Council Member Henry, Mayor Pro Tern Vasquez and Mayor DeRosa Absent: None PLEDGE OF ALLEGIANCE—Angel Figueroa, student guest from Stepping Stone. INVOCATION —Council Member Henry gave the invocation. PRESENTATIONS - None AGENDA FINALIZATION Mayor DeRosa announced that Item 13. Consider approval of a Commercial Property Lease Agreement ("CLA") by and between the Cathedral City Downtown Foundation Board and Hector Salvatierra, for the leasing and operation of a restaurant at 68-510 East Palm Canyon Drive (APN #687-475-003) space 120 has been pulled at the request of the applicant. CLOSED SESSION REPORTS Charles Green, City Attorney, announced there were no reportable actions taken in Closed Session. URGENCY ITEMS City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board Minutes of August 13, 2014 Page 5 of 10 PUBLIC COMMENTS Mayor DeRosa opened Public Comments, there being none, she closed Public Comments. COUNCIL COMMENTS Council Member Pettis, reported that he is currently attending a National League of Cities meeting. He also reported that a grant request was submitted to the Department of Transportation for a rail program. They are anticipating a response in the near future. Council Member Toles, indicated that he would like to amend his resignation date to September 6, 2014. Motion by Council Member Henry, second by Mayor Pro Tern Vasquez carried 5-0, to accept Council Member Toles resignation effective September 6, 2014. Council Member Toles gave an overview of his term in office and thanked the residents and colleagues for the privilege of public service. Council Member Henry, thanked Council Member Toles for all of his efforts and contributions to Cathedral City as a Council Member. He wished him well in all his future endeavors. Mayor Pro Tern Vasquez, thanked Council Member Toles for everything that he has done for h he will be greatly missed and wished him well in the future. the City. He stated that e g y Mayor DeRosa, thanked Council Member Toles for their professional and cordial relationship they shared and wished him well in his new job and endeavors. She reported that she sent letters of support for Charlotte's Webb project and HR499. COMMITTEE ASSIGNMENTS - See last page of Agenda Book. CONSENT AGENDA MOTION by Council Member Henry, second by Mayor Pro Tern Vasquez, carried 5-0, to approve the following Consent Agenda Items with the removal of Item 7 and Council Member Henry Mayor Ma or DeRosa voting no on Item 15: 9 A. 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 $17,723,274 for the month of July 2014. (T. Scott) (Pg. 1-2) by M.O. 6264. 2. COUNCIL/CITY COUNCIL AS SUCCESSOR AGENCY AND DOWNTOWN FOUNDATION BOARD. Approve minutes of Wednesday, July 9, 2014 and July 29, City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board Minutes of August 13, 2014 Page 6 of 10 2014. Martinez.T (Pg. 3-16 ( ) (P g 3-16) B. CITY COUNCIL: 3. COUNCIL. Approve Special Use Permit for the IMS Music Festival Scheduled for pp P October 10- 12, 2014. (P. Milos) (Pg. 17-22) by M.O. 6265. 4. COUNCIL. Approve final acceptance of the Date Palm Lighted Crosswalk Improvements; authorize the City Manager to file a Notice of Completion with the Riverside County Recorder's Office; and authorize the release of City held retention funds to Sierra Pacific Electrical Contractors. (P. Milos) (Pg. 23-25) by M.O. 6266. 5. COUNCIL. Approve final acceptance of the Vista Chino — Date Palm Intersection Improvements, authorize the City Manager to file a Notice of Completion with the Riverside County Recorder's Office, and authorize the release of City held retention funds to SKANSKA USA. (P. Milos) (Pg. 26-28) by M.O. 6267. 6. COUNCIL. Approve authorization for the City Manager to execute a task order to RBF Consulting to provide professional survey services at Varner Road and Edom Hill Road under the annual as-needed contract for survey services. (P. Milos) (Pg. 29) by M.O. 6268. 7. COUNCIL. Approve the award on a contract change order with Granite Construction Company to construct the Whitewater North Drainage Improvements and the East Palm Canyon Drive Pavement Rehabilitation as part of the CDBG — Funded South City Street Improvement Project. (P. Milos) (Pg. 30-33) MOTION by Council Member Henry, second by Mayor Pro tern Vasquez, carried 5-0, to approve the award of a contract change order with Granite Construction Company of Indio, CA to construct the Whitewater North Drainage Improvements, and allocate $155,195.28 previously approved for these improvements in the CDBG Annual Action Plan to Granite Construction's south City Street Improvement Project bringing the total base contract amount to $689,715.28 and authorize the City Engineer to issue the contract changed orders by M.O. 6269. 8. COUNCIL. Ratify agreement with American Federation of State, County and Municipal Employees (AFSCME) and Cathedral City. (T. Scott) (Pg. 34-82) by M.O. 6270. 9. COUNCIL. Accept $25,000 Grant from the Agua Caliente Band of Cahuilla Indians. (K. Conner) (Pg. 83-84) by M.O. 6271. 10. COUNCIL. Approve agreement in the amount of $130,540.00 by and between the City of Cathedral City and Palm Springs Unified School District for the Police Department to City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board Minutes of August 13, 2014 Page 7 of 10 provide the District one trained police officer on a fill-time basis as a School Resource Officer (SRO). (K. Conner) (Pg. 85-87) by M.O. 6272. 11. COUNCIL. Approve authorization to pay Eastern Riverside County Interoperability Pp pY Y p Y Communications Authority (ERICA) the annual member City portion for FY 14/15 to operate the JPA. (K. Conner) (Pg. 88-89) by M.O. 6273. 12. COUNCIL. Approve proposed Service Provider Agreement between the City of Cathedral City and the Cathedral City Chamber of Commerce for FY 2015. (L. Lukes) (Pg. 90-100) by M.O. 6274. 13. COUNCIL. Approve of a Commercial Property Lease Agreement ("CLA") by and between the Cathedral City Downtown Foundation Board and Hector Salvatierra for the leasing and operation of a restaurant at 68-510 East Palm Canyon Drive (APN 687-475- 003), Space 120. (L. Lukes) (Pg. 101-115) (Removed at applicant's request) 14. COUNCIL. Approve Lease Agreement by and between the City of Cathedral City and Pp 9 Y Y Y the Cathedral City Chamber of Commerce for office space lease within the Civic Center. (L. Lukes) (Pg. 116-129) by M.O. 6275. 15. COUNCIL. Approve second reading and adoption, reading by title only, of an Ordinance of the City Council of the City of Cathedral City to provide for the permitting and regulation of Medical Marijuana Dispensaries in specified zones of the City by issuance of a Conditional Use Permit. (C. McClendon) (Pg. 130-153) by ORD 738. 16. COUNCIL. Approve a Resolution authorizing and directing the City Clerk to destroy specified records pursuant to the City's Records Retention Schedule. (T. Martinez) (Pg. 154-169) by Resolution 2014-35. 17. COUNCIL. Approve the appointment of Arianna Menon, accept the resignation of Valerie Wagner and consider reappointment of Paul Thompson to the Parks and Recreation Commission. (T. Martinez) (Pg. 170-177) by M.O. 6276. MOTION FOR CONSENT AGENDA PUBLIC HEARINGS 18. COUNCIL. Consider approval of a Purchase and Sale Agreement and Joint Escrow Instructions with Kenneth Michael Hanson and Andrew Eric Bjorklind for real property located at 68815 E Street (APN 687-214-047). (T. Scott) (Pg. 178-198) Mayor DeRosa opened the Public Hearing for comments, there being none, she closed the Public Hearing. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board Minutes of August 13, 2014 Page 8 of 10 MOTION by Council Member Henry, second by Mayor Pro Tem Vasquez, carried 5-0, to approve a Purchase and Sale Agreement and Joint Escrow Instructions with Kenneth Michael Hanson and Andrew Eric Bjorklind for real property located at 68815 E Street (APN 687-214- 047) by M.O. 6277. 19. COUNCIL. Consider the introduction and first reading, by title only, of an Ordinance of the City of Cathedral City, California, approving Zone Ordinance Amendment No. 14- 001, amending Chapter 9.31 MXC (Mixed Use Commercial) of the City's Zoning Ordinance to add minimum lot size development prohibitions and requirements to a specified portion of the MXC District. (T. Scott) (Pg. 199-214) Mayor DeRosa opened the Public Hearing for comments Sam Spinello, Indian Wells, questioned if this Ordinance would affect existing structures. Mayor DeRosa closed the Public Hearing. MOTION by Council Member Henry, second by Mayor Pro Tern Vasquez, carried 5-0, to approve the introduction and first reading, by title only, of an Ordinance of the City of Cathedral City, California, approving Zone Ordinance amendment No. 14-001, amending Chapter 9.31 MXC (Mixed Use Commercial) of the city's Zoning Ordinance to add minimum lot size development prohibitions and requirements to a specified portion of the MXC District by M.O. 6278. LEGISLATIVE ACTIONS 20. COUNCIL. Consider approval of a Fire Service Agreement with Riverside County to provide fire service in the North City Extended annexation area. (C. McClendon) (Pg. 215-223) MOTION by Council Member Henry, second by Mayor Pro Tern Vasquez, carried 5-0, to approve a Fire Service Agreement with Riverside County to provide fire service in the North City Extended annexation area by M.O. 6279. 21. COUNCIL. Consider introduction and first reading, by title only, an Ordinance amending Chapter 2.04.05 of the Municipal Code increasing compensation paid to each member of the City Council from seven hundred ninety-one dollars and eight cents to one thousand one hundred sixty eight dollars and seventy nine cents per month effective December 21, 2014. (T. Scott) (Pg. 224-226) Alan Cavalho, Cathedral City, supports the increase. Valerie Schechter, Cathedral City, supports the increase. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board Minutes of August 13, 2014 Page 9 of 10 Gary Burkstedt, Cathedral City, supports the increase. Randy Yalliger, Cathedral City, does not support the increase. Art Gregory, Cathedral City, supports the increase. Mayor DeRosa read the following for the record: Chip Yarbourough, Cathedral City. I am opposed to the recommended pay increase for the Council. 47% is excessive. Imagine if your employee groups came to you asking for that amount. You would quickly say no! I am not opposed to an increase similar to what your employee groups received. The Council job is not intended to be a full time job. Why should a Council Member who does not participate in hardly any committees and won't travel be compensated over a thousand a month? Council members already receive a liberal benefit package. When you have firefighters working at dangerously low levels, a Police Department understaffed, many other City employees working short, now is not the time to increase your salary by 47%! It should not be a priority now. I know that I am at odds with many of my associates on this issue, but that is what a democracy is all about, we can't always agree. I urge you all to amend the proposal or vote no. MOTION by Mayor DeRosa, to implement 50% of the proposed increase now and 50% of the proposed increase at a later time. Motion died due to a lack of a second. MOTION by Council Member Pettis, second by Council Member Toles, carried 4-1-0-0 (Mayor DeRosa voted no) to approve the introduction and first reading, by title only, an Ordinance amending Chapter 2.04.05 of the Municipal Code increasing compensation paid to each member of the City Council from seven hundred ninety-one dollars and eight cents to one thousand one hundred sixty eight dollars and seventy nine cents per month effective December 21,.2014 by M.O. 6280. 22. COUNCIL. Consider authorization to enter a Memorandum of Understanding (MOU) assigning a Detective to the Riverside Auto-theft Interdiction Detail (RAID). (K. Conner) (Pg. 227-243) MOTION by Council Member Henry, second by Mayor Pro Tern Vasquez, carried 5-0, to approve the authorization to enter into a Memorandum of Understanding (MOU) assigning a Detective to the Riverside Auto-theft Interdiction Detail (RAID) by M.O. 6281. COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS - None ADJOURNMENT Mayor DeRosa adjourned the meeting at 7:21 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board Minutes of August 13, 2014 Page 10 of 10 Approved and adopted by the City Council and City Council serving as the Successor Agency to the Redevelopment Agency, Cathedral City Downtown Foundation and Housing Successor Agency Board on September 10, 2014. 1' LEEN J. DE' o'SA, Mayor ATTEST. i GARY F. HOWELL, Ci , Clerk (seal)