CITY COUNCIL
MINUTES
Study Session
Wednesday, April 27, 2022
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
This meeting was conducted in person and via Zoom.
• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor Ernesto Gutierrez. • ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 3:00 PM
Rita Lamb Mayor Pro Tem Present 3:00 PM
Mark Carnevale Councilmember Present 3:00 PM
Nancy Ross Councilmember Present 3:00 PM
Raymond Gregory Councilmember Present 3:00 PM
• AGENDA FINALIZATION
1. CLOSED SESSION
City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the following items listed on the agenda.
A. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1):
Name of Case and Number: Koslow v. DataTicket, et al.
Case Number: CVPS2103087
B. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees: Non-represented Employees
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Brad Anderson, Rancho Mirage, expressed his concern with other cities taking advantage of Closed Session to discuss items not listed on the agenda, and hopes the Council will only discuss the items listed on the agenda. He also encouraged the City Council to keep in mind what other cities are doing with employee negotiations and consider the cost of inflation when discussing Item B under Closed Session.
The City Council recessed to Closed Session at 3:05 p.m.
The City Council reconvened at 4:04 p.m.
City Attorney Eric Vail announced that the City Council met in Closed Session to discuss Item A. Conference with Legal Counsel for one case of existing litigation and there was no reportable action taken. They also discussed Item B . Conference with Labor Negotiator where direction was given, however, there was no reportable action taken.
2. PUBLIC COMMENT
3. STUDY SESSION
A. Community Development Block Grant (CDBG) FY 2022-27 Consolidated Plan Final Review, CDBG FY 2022-23 Annual Action Plan Introduction and Formation of a City Council Public Services Review Subcommittee Recommendation: Final review of the City's Community Development Block Grant (CDBG) FY 2022-27 Consolidated Plan (Con Plan);
and for Staff to introduce the FY 2022-23 Annual Action Plan (AAP); and, for the City Council to appoint a Subcommittee to assist Staff in the review of the Public Services proposals received.
Andrew Lee, Assistant Engineer, provided a p resentation related to the final review of the CDBG FY 2022 -2027 Con Plan and FY 2022 -23 Annual Action Plan Introduction. He indicated that staff would like to form a Public Services Subcommittee to help staff review proposals and asked that Council provid e their input on any organizations they would like t o receive proposals from. The following points where presented:
• Purpose of Study Session
• Schedule
• Con Plan
• Con Plan Public Outreach Process- Three Steps
• City Council Con Plan Discussions
• City Council Discussed Priority Needs
• FY 2022-23 AAP Introduction
• Background
• Past FY 2021-22 Allocation Table Template
• Public Services
• Public Improvements
• Public Services Subcommittee
• Public Services List for Initial Considerations
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• Staff Requests
Mayor Ernesto Gutierrez would like staff to requ est proposals from the Cathedral City High School Band program.
Councilmember Mark Carnevale would like staff to look into a cooling center.
Councilmember Raymond Gregory requested that staff request pr oposals from the arts and sports programs at the Cathedral City High School as well.
It was the consensus of the City Council to appoint Councilmember Raymond Gregory and Councilmember Mark Carnevale to the Public Services Subcommittee to assist staff with reviewing public services proposals received.
This item was for information and direction only. There was no formal action taken by the City Council.
B. Introduction to SiFi Networks License Agreement an Open Source Fiber Optic Development Agreement
Recommendation: An Introduction to the SiFi Networks License Agreement, an Open-Source Fiber Optic Development Agreement, for
Council Review, Discussion and Direction Only.
Michael Kashiwagi, City Consultant, provided and overview of the proposed SiFi Networks FiberCity License Agreement. The following points were presented:
• Background
• Basic Terms of License Agreement
• Potential Risk and Liability
• Benefits to the City
• Next Steps
City Attorney Eric Vail indicated that after reviewing the draft agreement there are areas that warrant review by City Staff and SiFi.
1. There is a confidentiality clause that imposes an obligation upon the City to have a process in place to protect SiFi’s trade secrets information, and if violated the City is potenti ally liable. There is a provision in the agreement that caps SiFi’s liability at 5 million dollars, however, there is no cap for the City and expressly exempts any type of cap for release of trade secret information. This provision also allows SiFi to sue the City for consequential damages. Furthermore, this provision is also not clear that SiFi has to identify when they are proving trade secret information so we can know what to protect. This can create a conflict in relation to the City releasing public r ecords requests and feels this provision needs to be redefined.
2. There is an indemnity provision that has a fairly good standard, however, there is a defense obligation which means the City may be required to hire or pay for attorney fees to defend SiFi in the event of a claim or lawsuit.
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He feels the threshold for this provision is not good for the City and needs to be changed as it exposes the City to significant potential costs.
3. There is a termination clause that allows SiFi the ability to termin ate the agreement at any time, which leaves potentia l for the City to retain costs and not be compensated for if SiFi terminates the agreement.
4. The proposed insurance rates should be increased.
Councilmember Nancy Ross expressed concern with the req uired time and deadlines to process SiFi related wor k and how it could affect services to residents and local businesses. She also questioned how the City intends to keep trade secrets protected relating to the distribution of public records requests.
Assistant City Manager Katherine Fuentes explained the process of SiFi covering the cost for a project manager to dedicate the time to the SiFi related work, which should mitigate that concern. She further explained the process of redacting confidential infor mation on public records requests and asked that Sco tt Bradshaw, President SiFi Networks, provide further details of what has been the case this far with other agencies they have dealt with.
Scott Bradshaw, President SiFi Networks, provided a brief overvi ew of the process with other agencies. He indicated that the City Attorney made some very valid points and they will adjust the draft document accordingly prior to bringing it back to the City Council on May 11, 2022.
Councilmember Raymond Gregory requested clarification on non-inclusive.
Scott Bradshaw, President SiFi Networks, provided clarification.
City Attorney Eric Vail provided his clarification and indicated that the language can be clarified in the agreement.
Councilmember Raymond Gregory expr essed concern with the language that relates to SiFi servicing the primary premises and feels the entire City should be covered as well as future development. He would like to know the cost to cover all of the existing areas.
Scott Bradshaw, President Si Fi Networks, explained that it is SiFi’s intention t o cover 100% of the City and they want to ensure that 95% is covered. They will also be looking at a 20 -year view to see what the City may be developing in the future. They intend to address these concerns on the draft agreement.
This item was for information and direction only, there was no formal action taken by the City Council.
ADJOURN
Mayor Ernesto Gutierrez adjourned the Study Session meeting at 5:27 p.m.
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Mayor, City of Cathedral City City Clerk, City of Cathedral City