CITY COUNCIL
MINUTES
Regular Meeting
Wednesday, March 23, 2022
5:30 PM
Pursuant to AB 361 and Cathedral City Resolution 2022-13, this meeting was conducted by videoconference.
• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE
Councilmember Mark Carnevale led the Pledge of the Allegiance. • INVOCATION (MOMENT OF REFLECTION)
Councilmember Nancy Ross offered a moment of reflection. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Remote
Rita Lamb Mayor Pro Tem Remote
Mark Carnevale Councilmember Remote
Nancy Ross Councilmember Remote
Raymond Gregory Councilmember Remote
• AGENDA FINALIZATION
There were no changes to the agenda.
1. PUBLIC COMMENT
There were no members of the public that wished to speak.
2. COUNCIL REPORTS
Councilmember Raymond Gregory reported that he attended a Parks Subcommittee meeting where they discussed things going on in city parks. He also reported that he attended the Butterfly Festival at Pa norama Park and thanked all those involved. He announced that he, along with the entire City Council, attended the League of Cathedral City P a g e 2 Printed on 4/07/2022
California Cities Riverside County Division meeting. He also announced that he attended the grand opening of the Jurassic Wonders E xhibit hosted by Councilmember Nancy Ross, which was a very nice event. He reported that he along with Councilmember Mark Carnevale attended a meeting with WeeCare to learn more about their programs. He also reported that he and Mayor Pro Tem Lamb participated in a City Hall at Your Corner event and thanked Police Chief Crum for joining them. He reported that he attended the Rainbow Crossing painting event and thanked those involved. He also reported that he attended the League of California Cities LGBT Coc cus meeting. He announced th e upcoming LGBT Days and provided an overview of the festivities. He stated that the LGBTQ+ Exhibit will be in the lobby of the Mary Pickford Theater and encouraged everyone to view it. He announced that he will be traveling nex t week. He acknowledged all the great park improvements that are going on in the city.
Councilmember Ross reported that she met with one of the City’s Commissioners to discuss the budget and ideas. She reported that she attended a meeting with the Director of Lift to Rise to discus s efforts towards affordable housing in the Valley.
She also reported that she studied for and attended the Riverside County Housing Authority Leadership Academy and learned a lot. She reported that she attended the Butterfly Fe stival and thanked all those involved. She also reported on the grand opening of the Jurassic Wonders Exhibit. She announced that on St. Patrick’s Day her husband and her spent the evening with Todd Hooks, Economic Development Director for the Agua Calient e Band of Cahuilla Indians a nd President of Desert Valley Builders Association. She reported that she attended the Rainbow Crossing painting event and a leadership meeting related to housing, which seems to be a hot topic. She reported that she met with a resident that was high energ y and full of great ideas. She indicated that she is a part of the Southern California Associations of Governments planning committee and they are finalizing their Fall event , which will be a cornhole tournament. She reported t hat she attended the SunLine Transit Agency meeting and announced that Stagecoach and Coachella are just around the corner.
Councilmember Mark Carnevale reported that he attended the Butterfly Festival at Panorama Park and thanked all those involved. He announced the upcoming Earth Day Event at Century Park and stated that he met with Commissioner Robert Puentes to discuss reconditioning of the baseball field at Century Park. He attended along with Councilmember Gregory a presentation by WeeCare and recei ved great information. He ga ve a shoutout to Police Chief Crum and his team for helping with homeless encampments. He reported that he will be meeting with a representative of Date Palm Country Club to discuss some of their concerns. He thanked Economic Development Director Stone Jam es for the information related to the College of the Desert Road Runner Motors project and suggested that anyone wanting more information should contact Stone. He reported that be met with Mike Veto from Burrtec to discuss recy cling programs and more info rmation will be provided to the residents soon. He indicated that he is looking forward to attending the upcoming Senior Inspiration Awards and LGBT Days.
Mayor Pro Tem Rita Lamb announced that College of the Desert is holding a public meeting to discuss the Road Runner Motor’s project on April 6, 2022, at 3:30 p.m. via zoom and in -person. She gave a shoutout to the Parks and Community Events Cathedral City P a g e 3 Printed on 4/07/2022
Commission for a job well done helping to facilitate field hockey at the Boys and Girls Club. She reported that she attended the Noon Rotary meeting where the speaker was Cameron Barrows, a professor from UC Riverside, who discussed the multi species habitat. She reported on the League of California Cities Riverside County Division meeting, which she attended along with her fellow Councilmembers.
She also reported that she attended through the Coachella Valley Mountains Conservancy Board, a presentation and recognition of the recipients of the Mountain’s Conservancy Grants. She attended the r ecent Dinner with Patsy fundraiser where the Cathedral City High School Choir performed. She thanked Councilmember Gregory and Police Chief Crum for their participation in the recent City Hall at Your Corner event. She reported that she attended , via zoom, the women’s leadership foru m hosted by Supervisor Karen Spiegel. She also reported that she met with Mayor Pro Tem Grace Garner of Palm Springs to see a mobile home rehab project she is involved with, which was wonderful.
Mayor Ernesto Gutierrez hopes e veryone is doing well and ha s adjusted to the time change. He reported that he along with his colleagues attended the League of California Cities Riverside County Division general meeting and Mayor’s meeting.
He also attended the recent grand opening of the Jurassic Wonders Exhibit, followed by lunch with Councilmember Gregory and Police Chief Crum. He also attended , along with Director of Engineering and Public Works John Corella, the California Natural Resources Agency meeting with CNRA Secretary Wade Cro wfoot. H e announced that he met with Bob McKechnie, former president of the Cathedral City Senior Center, to discuss new programs that will be presented to the Council in the future. He met with City Manager Charles McClendon for his weekly meeting and then stopped by the Rainbow Crossing painting event. He indicated that he was able to tour the Sunnylands Estate along with Mayor Pro Tem Lamb and her husband , which was very interesting. He stated that he provided catering and met with the Senior Center’s au ction event winners. He was able to meet with several residents to discuss an array of issues from illegal dumping to businesses operating without a license. He thanked Police Chief Crum for his assistance with catching the people responsible for dumping mattresses at the old Dollar Tree site. He announced he will be attending many upcoming events including LGBT Days . He reported that he received a call from Palm Springs Unified School District related to issues with crossing guards which has been referred to the City Manager and Police Chief to see what can be done to help. He also reported that he was a judge for the artwork completed at the Butterfly Festival, which was a very difficult task since all the kids put in so much effort.
3. CONSENT AGENDA
A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tem Lamb to approve the following Consent Agenda items:
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RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A. Waive Full Reading of Ordinances on Agenda
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B. Minutes Approval
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1. City Council - Study Session - Mar 9, 2022 3:00 PM
2. City Council - Regular Meeting - Mar 9, 2022 5:30 PM C. Receive and File Payment of Claims and Demands for February 2022 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency and the Cathedral City
Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of $6,445,123 for the month of February, 2022.
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D. Approval of a no cost Contract Amendment No. 18 with CNS Engineers for the Ofelia Bringas Memorial Bridge Project
Recommendation: Approve additional no cost Contract Amendment No. 18 to the Design Professional Services Agreement with CNS
Engineers, Inc. to provide additional right of way support services for the Ofelia Bringas Memorial Bridge Project (aka Cathedral Canyon Drive Bridge over Whitewater River
Project), CIP No. 8919; and authorize the City Manager to execute Amendment No. 18.
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E. Minor Amendments to Consulting Agreement with HR Green for On Call Capital Projects Program Management Consulting Services and Electronic Plan Check Services
Recommendation: Approve Minor Amendments to the Professional Services Agreement with HR Green, Inc. to provide On-Call
Engineering Program Management Consulting Services for
Capital Projects and Electronic Plan Check Services; and, authorize the City Manager to execute the Agreement.
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4. ITEMS PULLED FROM CONSENT
5. PUBLIC HEARINGS
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A. Substantial Amendment to the CDBG FY 2021-22 Annual Action Plan Recommendation: Approve a Substantial Amendment to reallocate unspent prior year CDBG funds for the FY 2021-22 Annual Action
Plan for submittal to the U.S. Department of Housing and Urban Development (HUD).
This Public Hearing was continued from the Regular City Council meeting of March 9, 2022.
Andrew Lee, Assistant Engineer, provided an overview of the recommendation to approve a Substantial Amendment to reallocate unspent prior year CDBG funds for the FY 2021 -22 Annual Action Plan for submittal to the U.S. Department of Housing and Urban Development.
Mayor Ernesto Gut ierrez indic ated that the Public Hearing was continued from March 9, 2022 and any additional individuals that wish to provide public comment can do so at this time, seeing none, he closed the public hearing and returned discussion to the City Council.
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A motion was made by Councilm ember Carnevale and seconded by Councilmember Gregory to approve a Substantial Amendment to reallocate unspent prior year CDBG funds for the FY 2021 -22 Annual Action Plan for submittal to the U.S. Department of Housi ng and Urban Development (HUD) as follows:
FY 2021 PUBLIC IMPROVEMENTS FUNDING FY 2020-21
Unspent Funds to Via De Anza Project $ 47,969
Total Funding Allocated $ 47,969
FY 2021 PUBLIC SERVICES FUNDING CVAG:
Homelessness Program $ 51,500
Transgender Health and Wellness Center $ 20,000
WeeCare Child Assistance Program $ 8,500
Total Funding Allocated $ 80,000
CDBG-CV (CARES Act) FUNDING FUNDING
CC Senior Center $ 100,000
CV Rescue Mission $ 51,500
Assistance League $ 15,000
CC Senior Center: 911 Program $ 53,000
Small Business Assistance Loan $ 143,000
WeeCare Child Assistance Program $ 130,000
Remaining Total $ 12,865
Total Funding Allocated $ 505,365
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RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Introduction of an Ordinance of the City of Cathedral City in order for the Cathedral City Police Department to continue its current use and deployment of specialized police equipment and Adopt Use Policies of Specialized Law Enforcement Equipment also known as "Military Equipment".
Recommendation: Staff recommends that the City Council approve its current inventory of specialized equipment and adopt its “Use
Policy,” related to military equipment, by Ordinance, as required by AB 481.
Police Chief George Crum provided an overview on the recommendation for City Council to approve its current inve ntory of specialized equipment and adopt its "Use Policy," related to military equipment, by Ordinance, as required by AB 481.
Mayor Ernesto Gutierrez opened the Public Hearing to receive input from the general public related to the recommendation for the City Council to approve its current inventory of specialized equipment and adopt its " Use Policy, " related to military equipment, by Ordinance, as required by AB 481.
Danielle Mead expressed her satisfaction with the professionalism of the Cathedral Ci ty Police Department. She inquired on what steps will be taken to ensure drones do not infringe on privacy rights. She inquired on how these weapons would be used on crowd control and what steps will be taken to ensure they do not infringe on expression of free speech. She expressed her concern with the posting of this public hearing.
Terry Applegate stated that the previous speaker addressed her concerns.
Mayor Ernesto Gutierrez closed the Public Hearing and returned discussion to the City Council.
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A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Lamb to approv e the City’s current list of specialize police equipment and introduce the first reading of an Ord inance, by title only and waive further reading, adopting a “Use Policy” related to military equipment as required by AB 481.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
6. LEGISLATIVE ACTIONS
A. Chapter 5.96 Short Term Vacation Rental Units - Amendment Recommendation: Introduce and provide first reading to an ordinance amending Chapter 5.96 Short Term Vacation Rental Units; and
Adopt a Resolution establishing penalties and fines for violation of the City's Short Term Vacation Rental
regulations.
Jeremy Ogul, speaking on behalf of Expedia Group , stated that a letter was sent to the City and provided a summary of the letter. He requested that the section related to platforms be postponed to allow time for them to work with the City on communications.
Cristofer expressed his concern with a citat ion he rece ived from the city and asked what can be done to help those who do not know the current rules.
Van Franco expressed his concern with a citation he received and questioned why the city does not issue a warning first.
Councilmember Mark Carneva le suggested those who need information on the rules and regulations to contact the City Clerk Tracey Hermosillo.
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Reso 2022-14
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to introduce the first reading of an Ordin ance by title only and waive further reading, am ending Chapter 5.96 Short Term Vacation Rental Units; and adopt a Resolution establishing penalties and fines for violation of the City's Short Term Vacation Rental regulations.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Lift to Rise: Stories from Home
Recommendation: To approve Special Use Permit #22-001 to allow Lift to Rise to hold an educational mixer about housing policy and
advocacy in the Coachella Valley.
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A motion was made by Mayor Pro Tem Lamb and seconded by Councilmember Ross to approve Special Use Permit #2 2-001 to allow Lift to Rise to hold an educational mixer about housing policy and advocacy in the Coachella Valley on April 30, 2022 from 12:00 to 4:00 p.m.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rita Lamb, Mayor Pro Tem
SECONDER: Nancy Ross, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
The City Council recessed at 6:33 p.m.
The City Council reconvened at 6:40 p.m.
C. Lease Revenue Bonds, Series 2022A (Federally Taxable) Recommendation: Adopt Resolution No. 2022-___ of the City Council of the City of Cathedral City Authorizing and Approving the
Issuance of Cathedral City Public Financing Authority Lease Revenue Bonds, Series 2022A (Federally Taxable), in the Aggregate Principal Amount Not to Exceed $35,000,000
Approving the Execution and Delivery of a Site and Facility Lease, Lease Agreement, Continuing Disclosure Agreement, Bond Purchase Agreement and Preliminary Official
Statement; and Authorizing Certain Actions and Execution of Documents Related Thereto;
Adopt Resolution No. 2022-___Resolution of the Cathedral City Financing Authority Authorizing and Approving the
Issuance of Cathedral City Public Financing Authority Lease Revenue Bonds, Series 2022A (Federally Taxable), in the Aggregate Principal Amount Not to Exceed $35,000,000
Approving the Execution and Delivery of a Site ad Facility Lease, Lease Agreement, Assignment Agreement, Bond
Purchase Agreement and Preliminary Official Statement;
and Authorizing Certain Actions and Execution of
Documents Related Thereto.
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A motion was made by Councilmember Carnevale and seconded by Councilmember Gregory not to adopt a resolution of the City Council of the City of Cathedral City authorizing and approving the issuance of Cathedral City Public Financing Authority Lease Revenue Bonds, Series 2022A, in the aggregate principal amount not to exceed $35,000,000 approving the execution and delivery of a site and facility lease, lease agreement, continuing disclos ure agreement, bond purchase agreement and preliminary official statement; and authorizing certain actions and execution of documents related t hereto; adopt a resolution of the Cathedral City Financing Cathedral City P a g e 9 Printed on 4/07/2022
Authority authorizing and approving the issuance of Ca thedral City Public Financing authority lease revenue bonds, series 2022A, in the aggregate principal amount not to exceed $35,000,0 00 approvin g the execution and delivery of a site a nd facility lease, lease agreement, assignment agreement, bond purchase ag reement and preliminary official statement; and authorizing certain actions and execution of documents related thereto.
RESULT: FAILED [2 TO 3]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Mark Carnevale, Raymond Gregory
NAYS: Ernesto Gutierrez, Rita Lamb, Nancy Ross
Reso 2022-15
A motion was made by Mayor Gutierrez and seconded by Mayor Pro T em Lamb to adopt a resolution of the City Council of the City of Cathedral City aut horizing and approving the issuance of Cath edral City Public Financing Authority Lease Revenue Bonds, Series 2022A, in the aggregate principal amount not to exceed $35,000,0 00 approving the execution and delivery of a site and facility lease, lease agreement, continuing disclosure agreement, bond p urchase agreement and preliminary official statement; and authorizing certain actions and execution of documents related thereto.
RESULT: APPROVED [3 TO 2]
MOVER: Ernesto Gutierrez, Mayor
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Ernesto Gutierrez, Rita Lamb, Nancy Ross
NAYS: Mark Carnevale, Raymond Gregory
Reso PFA 2022-01
A motion was made by Mayor Gutierrez and seconded by Mayor Pro Tem Lamb to adopt a resolution of the Cathedral City Financing Authority authorizing and approving the issuance of Cathedr al City Public Financing authority lease revenue bonds, series 2022A, in the aggregate principal amount not to exceed $35,000,000 approving th e execution and delivery of a site ad facility lease, lease agreement, assignment agreement, bond purchase agreeme nt and preliminary official statement; and authorizing certain actions and execution of documents related thereto.
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RESULT: APPROVED [3 TO 2]
MOVER: Ernesto Gutierrez, Mayor
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Ernesto Gutierrez, Rita Lamb, Nancy Ross
NAYS: Mark Carnevale, Raymond Gregory
D. Contract with Petrochem Materials Innovation, LLC (PMI) for REAS Projects within the Century Park Neighborhood, Ramon Road east of Date Palm Drive and Corral Road east of Cathedral Canyon.
Recommendation: Approve a contract with Petrochem Materials Innovation, LLC. for $944,045 to supply and apply Type II Rubber
Emulsion Aggregate Slurry (REAS) in the Century Park
Neighborhood, on Ramon Road east of Date Palm Drive to
Da Vall Drive City limits, and on Corral Road east of
Cathedral Canyon Drive including traffic control, crack sealing and striping; and, approve a fifteen percent (15%) contingency in the amount of $141,608 for unforeseeable construction costs, making the total encumbrance
$1,085,653; and, authorize the City Manager to execute the required contract documents.
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A motion was made by Councilmember Carnevale and secon ded by Councilmember Gregory to approve a contract with Petrochem Materials Innovation, LLC. for $944 ,045 to suppl y and apply Type II Rubber Emulsion Aggregate Slurry (REAS) in the Century Park Neighborhood, on Ramon Road east of Date Palm Drive to Da Vall Drive City limits, and on Corral Road east of Cathedral Canyon Drive including traffic control, crack sealing and striping; and, approve a fifteen percent (15%) contingency in the amount of $141 ,608 for unforeseeable construction costs, making the total e ncumbrance $ 1,085,653; and, authorize the City Manager to execute the required contract documents.
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
E. Riverside County Transportation Commission (RCTC) Senate Bill 821 (SB 821) Grant Funding Agreement for the Cathedral Canyon Drive Sidewalk Gap Closure
Recommendation: Approve an Agreement with Riverside County Transportation Commission (RCTC) for Funding, under
Senate Bill 821 (SB 821) Bicycle and Pedestrian Facilities Program, for installing sidewalks, ADA curb ramps and
widening bicycle lanes on Cathedral Canyon Drive between Canyon Shore Drive and Dinah Shore Drive; and, authorize the City Manager to execute the Agreement.
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Councilmember Nancy recused herself from this item.
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A motion was made by C ouncilmember Gregory and seconded by Mayor Pro Tem Lamb to approve an Agreement with Riverside County Transportation Commission (RCTC) for Fun ding, under Senate Bill 821 (SB 821) Bicycle and Pedestrian Facilities Program , for installing sidewal ks, ADA curb ramps and widening bicycle lanes on Cathedral Canyon Drive between Canyon Shore Drive and Dinah Shore Drive; and authorize the City Manager t o execute th e Agreement.
RESULT: APPROVED [4 TO 0]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Ernesto Gutierrez, Rita Lamb, Mark Carnevale, Raymond Gregory
RECUSED: Nancy Ross
F. Resolution adopting the City's FY 2022-23 RMRA (SB-1) Projects.
Recommendation: Approve a resolution adopting the City’s FY 2022-23 Capital Improvement Program (CIP) Projects funded by Senate Bill 1 (SB-1): The Road Repair and Accountability Act of 2017.
Reso 2022-16
A motion was made by Cou ncilmember Carnevale and seconded by Mayor Pro Tem Lamb to approve a resolution adopting the City’s FY 2022 -23 Capital Improvement Program (CIP) Projects funded by Senate Bill 1 (SB -1): The Road Repair and Accountability Act of 2017.
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
G. Continuation of Teleconference Meetings
Recommendation: To adopt a resolution authorizing the City Council and Commissions to meet via teleconference pursuant to
Assembly Bill (AB) 361.
The City Council took no a ction on this item. Resolution 2022 -13 will expire on March 25, 2022.
H. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.
Update on Emergency Actions taken by City, County, State Cathedral City P a g e 12 Printed on 4/07/2022
of Federal Agencies.
Possible consideration of additional measures to be taken.
Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.
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A motion was made by Councilmember Gregory and seconded by Co uncilmember Carnevale to extend Resolution 2020 -06, which proclaims the existence of an emergency situation and local emergency due to the worldwide spread of COVID -
19. RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
7. DISCUSSION ON FUTURE AGENDA ITEMS
8. CLOSED SESSION
City Attorney Eric Vail announced that the City Council will recess to Closed Session to discuss the following item on the agenda:
A. Public Employee Performance Evaluation Pursuant to Government Code Section 54957 (B) and Conference with Labor Negotiators Pursuant to Government Code 54957.6
Agency Representative: Mayor and City Attorney
Unrepresented Employee: City Manager
The City Council recessed to Closed Session at 9:02 p.m.
The City Council reconvened at 10:31 p.m.
City Attorney Eri c Vail annou nced that the City Council met in Closed Session to discuss item 8A. Public Employee Performance Ev aluation and Conference with Labor Negotiator. There was not reportable action taken.
ADJOURN
Mayor Ernesto Gutierrez adjourned the Regular City Council Meeting of March 23, 2022, at 10:33 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City