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Home My WebLink AboutCC Min 2015-06-10 it Cathedral City CITY COUNCIL STUDY SESSION MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, June 10, 2015 STUDY SESSION 4:30 PM • CALL TO ORDER Mayor Stan Henry opened the June 10, 2015 Study Session Meeting at 4:30 p.m. • ROLL CALL AND STATEMENT OF PARTICIPATION BY THE CITY CLERK Present 4- Mayor Stan Henry, Council Member Shelley Kaplan, Council Member Mark Carnevale, and Council Member John Aguilar Excused 1 - Mayor Pro Tem Gregory S. Pettis A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to excuse the absence of Mayor Pro Tern Pettis from the Study Session Meeting. The motion was approved by the following vote: Aye: 4- Mayor Henry, Council Member Kaplan,Council Member Carnevale, and Council Member Aguilar Excused: 1 - Mayor Pro Tem Pettis • AGENDA FINALIZATION Mayor Stan Henry stated that he would like to move items 3D. and 3F. to the regular meeting when Mayor Pro Tern Greg Pettis is in attendance. PUBLIC COMMENTS Allen Worthy, was called to speak. He stated that he is working on getting the copyright for one of Ginger Rogers' movies and his intention to move forward with a Ginger Rogers theater. STUDY SESSION A. 2015-230 Presentation on Water Conservation Requirements Representatives from the Coachella Valley Water District(CVWD)and the Desert Water Agency(DWA)gave a presentation on the new State of California water conservation requirements and how it affects Cathedral City. Both agencies gave an overview on the programs and requirements that they are implementing to meet the State requirements. B. 2015-229 CV Link Update Tom Kirk, Executive Director of Coachella Valley Association of Governments(CVAG),presented an update on CV Link to the Council and members of the community. Cathedral City Page 1 City Council Study Session STUDY SESSION June 10,2015 C. 2015-222 Review of Cathedral City Municipal Code 8.50, "Sewer Connections". Pat Milos, Community Development Director,gave an overview of Municipal Code Section 8.50"Sewer Connections". Herbert Burstein, Cathedral City, was called to speak. He requested clarification with regard to the Ordinance and the two conditions that require a property owner to connect to sewer. He stated that his property only meets one of the conditions and questioned if he has to meet both conditions in order to be required to connect to sewer. Charles Green, City Attorney,responded that based on the code they only have to meet one, not both, of the conditions to be required to connect to the sewer. Mayor Stan Henry, suggested that Mr. Burstein communicate with his neighbor to see if they will be willing to share some costs. E. 2015-152 Red Light Safety Camera Program Update Captain Chuck Robinson,presented the Council with an update on the Red Light Safety Camera Program. Mayor Stan Henry temporarily adjourned the Study Session Meeting at 6:25 p.m. Mayor Stan Henry reconvened the Study Session Meeting at 7:15 p.m. Mayor Pro Tern Pettis particpated in the remaining discussion on the Study Session Agenda. D. 2015-226 Medical Marijuana Cultivation Facilities The City Council directed staff to bring an Ordinance regarding medical marijuana cultivation facilities to the Council for consideration at the first meeting in September of 2015. They also requested that Staff provide an update on the application process for medical marijuana dispensaries at the next Council Meeting. F. 2015-198 City Charter Election Discussion It was the consensus of the City Council to establish a sub-committee to dicuss items to include in a potential City Charter. The Sub-commute will be Mayor Pro Tern Greg Pettis and Council Member Shelley Kaplan. Council directed staff to see what the cost would be for an all mail ballot for a question on whether or not to continue having a directly elected Mayor in 2015. CLOSED SESSION ADJOURN Mayor Stan Henry adjourned the Study Session at 7:53 p.m. STANLEY E. HENRY, i: or ATTE T. GAR F. ()WELL I City Clerk Cathedral City Page 2 I Cathedral City CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, June 10, 2015 REGULAR MEETING 6:30 PM • CALL TO ORDER Mayor Henry opened the Regular City Council Meeting of June 10, 2015 at 6:35 p.m. • PLEDGE OF ALLEGIANCE Council Member Shelley Kaplan led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Council Member Mark Carnevale offered the invocation. • ROLL CALL AND STATEMENT OF PARTICIPATION BY THE CITY CLERK Present: 5- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis,Council Member Shelley Kaplan, Council Member Mark Carnevale, and Council Member John Aguilar • AGENDA FINALIZATION Council Member John Aguilar requested to pull item 3C.for discussion. 1. SPECIAL PRESENTATIONS 2. PUBLIC COMMENTS Nikohl Vandel, Desert Hot Springs, was called to speak. She questioned who the friends are of CVLink. She feels that until we get back to clear communication there will be confusion and chaos. Allen Worthy, was called to speak. He stated that he is moving forward with trying to open a theater in Cathedral City. Charles Green, City Attorney, announced that there have been some complaints with the approval process of opening medical marijuana dispensaries in Cathedral City. He reminded the public that when it was brought before the Council to allow dispensaries in Cathedral City,he indicated that there would undoubtedly be litigation involved. Litigation has indeed happened. To this point the City has been sued twice. The first case was based upon an inadequate floor plan and the court supported the City's action. The second case was much more troubling. The Court finally held the hearing on the second case and ruled completely in favor of the City. One of the reasons the City has been moving slowly was due to a preliminary injunction that was filed with the second case. Staff will now be able to move forward with the process. 3. CONSENT AGENDA A Motion was made by Council Member Aguilar,seconded by Council Member Kaplan,to approve the Cathedral City Page 1 Printed on 7/22/2015 City Council REGULAR MEETING June 10,2015 Consent Agenda with the removal of Item 3C. The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar 3.A. 2015-221 Receive and file Payment of Claims and Demands Enactment No: M.O.6399 3.B. 2015-224 Council Policy on Residency Requirement for City Boards and Commissions Enactment No: Reso 2015-28 3.C. 2015-228 Boards, Commissions and Committee Appointments This item was removed from the Consent Agenda for discussion and separate vote for each Commission, Board and Committee. Stephen Vericker, Cathedral City, was called to speak. He encouraged the City Council to reappoint Pam Price to the Public Arts Commission. She has been a good asset to the Commission. He believes that the Public Arts Commission needs to represent the entire community and be diverse geographically. Enactment No: M.O.6400 A motion was made by Council Member Carnevale,seconded by Council Member Kaplan,to appoint John Haag to the Palm Springs International Airport Commission with a term continuing to June 30,2018.The motion carried by the following vote: Aye: 4- Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar Nay: 1 - Mayor Henry A motion was made by Council Member Carnevale,seconded by Council Member Kaplan,to appoint Tyrone Pearson and Jared Seeba to the Finance Advisory Committee each with a term continuing to June 30,2018.The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tem Pettis, Council Member Kaplan, Council Member Carnevale,and Council Member Aguilar A motion was made by Council Member Kaplan,seconded by Mayor Pro Tem Pettis,to appoint Diane Hines,Ariana Menon,Karen Panico-Willis,Valerie Schechter and Johnny Huynh-Simmonds to the Parks and Community Events Commission each with a term continuing to June 30,2018.The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale,and Council Member Aguilar A motion was made by Council Member Kaplan,seconded by Mayor Pro Tem Pettis,to appoint Denise Rodriguez-Bowman,Simeon Den,Tim Parott,Sue Townsley and Pam Price to the Public Arts Commission each with a term continuing to June 30,2018.The motion carried by the following vote: Aye: 3- Mayor Pro Tern Pettis, Council Member Kaplan, and Council Member Carnevale Nay: 2- Mayor Henry, and Council Member Aguilar A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Kaplan,to appoint Cathedral City Page 2 Printed on 7/22/2015 City Council REGULAR MEETING June 10,2015 John Rivera,Ana Rodriguez,Barry Jaques and Robin Johnson to the Planning Commission each with a term continuing to June 30,2018.The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale,and Council Member Aguilar A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Kaplan,to appoint Ralph Hitchcook,Al Jimenez and Donna Lawton to the Board of Appeals each with a term continuing to June 30,2018.The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale,and Council Member Aguilar 3.D. 2015-199 Establishing Annual Special Tax for Fiscal Year 2015-2016 (Rio Vista Village) Enactment No: Reso 2015-29 3.E. 2015-211 Supporting Resolutions for the FY 2015-16 and 2016-17 Operating Budgets Enactment No: Reso 2015-30/Reso 2015-31/Reso SA-2015-01/Reso PFA-2015-01 3.F. 2015-217 Regular meeting schedule for the Cathedral City Public Finance Authority Enactment No: Reso PFA-2015-02 4. PUBLIC HEARINGS 4.A. 2015-200 Annual Renewal of the Lighting & Landscaping District Budget Tami Scott,Administrative Services Director,presented the Staff Report. Mayor Henry opened the Public Hearing for comments, there being none,he closed the Public Hearing and returned discussion to the City Council. A motion was made by Council Member Aguilar,seconded by Council Member Kaplan,to adopt a resolution approving the final engineer's report and a resolution ordering the levy and collection of annual assessments for the sixteen(16)existing benefit zones to enable the annual renewal of the Lighting and Landscaping District Budget for FY 2015-16. The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale,and Council Member Aguilar Enactment No: Reso 2015-32/Reso 2015-33 5. LEGISLATIVE ACTIONS 5.A. 2015-213 Riverside County Field and Shelter Services Contract for one(1) year, FY 2015/16 A motion was made by Council Member Kaplan,seconded by Council Member Carnevale,to authorize the Police Department to enter into a one year contract with Riverside County Health Agency to continue with Field and Shelter Services provided by the Department of Animal Services. The motion carried by the following vote: Cathedral City Page 3 Printed on 7/22/2015 City Council REGULAR MEETING June 10,2015 Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar Enactment No: M.O.6401 5.B. 2015-212 Ordinance Regulating Single Use Carryout Plastic Bags. A motion was made by Council Member Aguilar,seconded by Council Member Kaplan, to approve the first reading of an Ordinance regulating single use carryout plastic bags.The motion carried by the 9 9 9 9 ry P 9 following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar Enactment No: M.O.6402 5.C. 2015-214 Ordinance Regarding Massage Establishments. A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to approve the first reading of an Ordinance amending Chapter 5.33,"Massage Therapy Permits"of Title 5,"Business Regulations"of the Cathedral City Municipal Code.The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar Enactment No: M.O.6403 5.D. 2015-216 Proposed Ordinance Regarding Trespass. A motion was made by Council Member Kaplan,seconded by Council Member Carnevale,to approve the first reading of an Ordinance amending Section 11.08.080,"Trespass"of Chapter 1.08,"Disorderly Conduct"of the Cathedral City Municipal Code.The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale,and Council Member Aguilar Enactment No: M.O.6404 5.E. 2015-218 Special Use Permit-High Fitness Exercise Demonstration A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to approve Special Use Permit#15-014 allowing them to begin at 8:00 a.m.instead of 9:00 a.m. The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tem Pettis, Council Member Kaplan, Council Member Carnevale,and Council Member Aguilar Enactment No: M.O.6405 Mayor Stan Henry temporarily adjourned the City Council Meeting at 7:15 p.m. Mayor Stan Henry reconvened the City Council Meeting at 7:53 p.m. 6. COUNCIL REPORTS There were no Council Reports. 7. CLOSED SESSION Cathedral City Page 4 Printed on 7/22/2015 City Council REGULAR MEETING June 10,2015 The City Council adjourned to Closed Session at 7:54 p.m. 7.A. 2015-231 CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property Location: The property located in the general vicinity of Date Palm Drive and Perez Road Property Owners: City of Cathedral City Negotiating Parties: City of Cathedral City and Coachella Valley Association of Governments 7.B. 2015-235 CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property Location: Parcel 5 of Parcel Map No. 36428 located East, South, Southwest and West of Margot Murphy Place. Negotiating Parties: City of Cathedral City as Successor Agency to the Former Redevelopment and M&M Property Company, LLC. Property Owners: City of Cathedral City as Successor Agency to the former Redevelopment Agency The City Council reconvened at 8:45 p.m. City Attorney Charles Green announced that the City Council met in Closed Session and there were no reportable actions taken. ADJOURN Mayor Stan Henry adjourned the City Council meeting at 8:45 p.m. .mow •or- ANLEY E. HENRY, .yor ATTE T. 4...Ai':_Arm .A....11V......111 a .: J GARY F. H. ELL, C'yClerk Cathedral City Page 5 Printed on 7/22/2015