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Home My WebLink AboutCC Min 2015-08-12 Cathedral City CITY COUNCIL STUDY SESSION MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, August 12, 2015 STUDY SESSION 4:30 PM • CALL TO ORDER Mayor Stan Henry called the Study Session Meeting to order at 4:30 p.m. • 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 PUBLIC COMMENTS STUDY SESSION A. 2015-318 AB52 CEQA Tribal Cultural Resources and Formal Consultation with Tribes Pat Milos, Community Development Director,gave an overview of A8252, Tribal Cultural Resources ad Formal Consultation with Tribes and the effects that it may have on the City. B. 2015-320 Discussion on Tax Rate for Medical Marijuana Dispensaries Tami Scott,Administrative Services Director,presented a report for discussion on a tax rate for Medical Marijuana Dispensaries. Maria Scagliotti, Cathedral City, was called to speak. She would like to see the tax at 10%or less. John Chaisson, was called to speak. He indicated that he supports a 10%tax. It was the consensus of the City Council to bring back a resolution for consideration of a 10%tax on Medical Marijuana Dispensary sales. C. 2015-329 Medical Marijuana Dispensary Kiosk and Cash Transaction Ordinances. Nick Hermsen, Deputy City Attorney, gave an overview on the possibility of amending the Medical Marijuana Ordinance authorizing a kiosk system at the Medical Marijuana Dispensaries that can take cash or amending the Ordinance to allow the dispensaries to take cash. He indicated that C4Ever Systems would be presenting the information on the kiosks and providing a demonstration and would be available for questions. Ron Hodge, CEO General Payment Systems,presented information to the Council with regard to kiosks,how Cathedral City Page 1 City Council Study Session STUDY SESSION August 12,2015 they will work and the benefits to the City and the dispensaries. A demonstration was done for the Council on how the kiosks work. John Chaisson, was called to speak. He stated that he does not support requiring Kiosks for accepting cash at medical marijuana dispensaries. Maria Scagliotti, Cathedral City, was called to speak. She does not support having kiosks to take cash at Medical Marijuana Dispensaries. Alan Carvalho, Cathedral City, was called to speak. He suggested having a grace period to try the equipment to see if it is something that can work for the City and the dispensaries. D. 2015-319 Update on Upcoming Special Events Chris Parman, Communications and Events Manager, gave an update on the upcoming events for Winter 2015/2016. E. 2015-328 Presentation on the recent visit to Cathedral City's Sister City: Tequila,Jalisco (Mexico) Chris Parman, Communications and Events Manager, reported that he along with Mayor Pro Tem Pettis,Josie Meza and Karen Riley, from Scrap Gallery, on their trip to Tequila, Jalisco Mexico, Cathedral City's Sister City, in preparation of Taste of Jalisco. Mayor Stan Henry temporarily adjourned the Study Session Meeting at 6:52 p.m. Mayor Stan Henry reconvened the Study Session Meeting at 9:10 p.m. F. 2015-325 "Request for Proposals"for Landscape Maintenance Services Pat Milos, Community Development Director,presented information to the City Cuoncil with regard to Request for Proposals for Landscape Maintenance Services. It was the consensus of the City Council to direct Staff to move forward with a request for proposals for Landscape Maintenance and related services for the City of Cathedral City. Mayor Pro Tern Pettis recommended the City Manager coordinate with any affected labor unions. CLOSED SESSION ADJOURN f _ /� G ir r STANLEY E. IlNRY, Mayo ATTEST: GARY F. HO ELL, City C Lrk • Cathedral City Page 2 Cathedral City CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, August 12, 2015 REGULAR MEETING 6:30 PM • CALL TO ORDER Mayor Stan Henry called the Regular Meeting of the City Council to order at 7:00 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 1. SPECIAL PRESENTATIONS 2. PUBLIC COMMENTS Karen Panico-Willis, Cathedral City, was called to speak. She reported that there will be an event to meet the men and women of the Cathedral City Police Department on September 24, 2015 from 5 to 7 p.m. at City Hall in the paseo. She invited everyone to come out and participate in the event. 3. CONSENT AGENDA Approval of the Consent Agenda A motion was made by Council Member Kaplan,seconded by Council Member Carnevale,to approve the following Consent Agenda Items.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. 2015-324 Receive and file Payment of Claims and Demands Enactment No: M.O. 6433 3.B. 2015-327 City Council Minutes of June 22, 2015 and July 22, 2015 Cathedral City Page 1 Printed on 8/19/2015 City Council REGULAR MEETING August 12,2015 Enactment No: M.O.6434 3.C. 2015-232 School Resource Officer(SRO) Contract with Palm Springs Unified School District Enactment No: M.O.6435 3.D. 2015-237 Ordinance Second Reading Amending the Contract with the California Public Employees' Retirement System Enactment No: Ord 763 3.E. 2015-317 Ordinance Second Reading prohibition or expansion of attended and unattended collection bins. Enactment No: Ord 764 3.F. 2015-313 Special Use Permit- High Fitness Exercise Demonstration Enactment No: M.O.6436 3.G. 2015-314 Special Use Permit-Healing Fields 2015 Enactment No: M.O.6437 3.H. 2015-315 Special Use Permit- Movies in the Park 2015-16 Enactment No: M.O.6438 4. PUBLIC HEARINGS 4.A. 2015-311 Appeal of Planning Commission Denial of Conditional Use Permit Application for King Blaise Cooperative located at 68860 Ramon Road in Cathedral City-Continued from July 22,2015 Nick Hermsen, Deputy City Attorney, gave a brief report and indicated the Police Chief will be giving a report following up from the Council Meeting of July 22, 2015. Police Chief George Crum,gave a report on the background that was conducted by the Cathedral City Police Department and followed up with answers to some of the questions at the July 22, 2015 City Council Meeting. Mr.Nicholson,presented his request for appeal of the denial of his CUP. He requested that the City Council overturn the denial and grant the Conditional Use Permit. Robert Leone, Mayor Pro Tem Yucca Valley, was called to speak. He stated the Mr. Nicholson operated a dispensary in Yucca Valley for 3 years without incident and expressed his support for him. He invited the city Council to attend the Concerts in the Park in Yucca Valley. Nick Hughes, Palm Desert, was called to speak. He stated that he was the number 2 application that was denied and feels the lottery process has been very unfair. He feels the process needs to start all over again. He presented a request for variance to the City Council. Cathedral City Page 2 Printed on 8/19/2015 City Council REGULAR MEETING August 12,2015 Murray Altman, Cathedral City, was called to speak. He feels the Ordinance that was adopted has not been followed. He also feels that not allowing the dispensaries to take cash is going to be a problem. He requested the City Council re-look at application#5. He also feels that application 6 and 8 failed to meet ordinance requirements. Mayor Henry closed the Public Hearing. Mayor Pro Tem Greg Pettis,indicated that he is probably the biggest supporter of moving the dispensaries forward. At this time he is unsure how to vote on this item based on all of the information he has been provided. Council Member John Aguilar, stated that when this item was heard last he felt strongly that making an exception was not something he wanted to do. He is still looking for a compelling reason to not go along with the Planning Commission recommendation. Council Member Mark Carnevale, feels this Ordinance is unfair. He is torn on this item and feels the whole situation is upside down. He would like to see the Ordinance re-visted before moving forward with any other applications. He requested the City Attorney explain the role of the Planning Commission as it relates to applications for Medical Marijuana Dispensaries. City Attorney Charles Green, explained the role of the Planning Commission related to the Medical Marijuana Dispensary process. Council Member Shelley Kaplan, stated he doesn't agree with the process. He feels it is a very difficult process and doesn't seem to be as fair as it should be. He feels that there should be more discussion. Mayor Pro Tem Greg Pettis, feels the staff report is not complete and expressed his dissatisfaction. Mayor Stan Henry, asked several clarifying questions to ensure that the process for each application was handled the same way. Council Member John Aguilar, stated he doesn't see how Council can do anything but ratify the action of the Planning Commission without potential for litigation. A motion was made by Council Member Aguilar,seconded by Mayor Henry, o affirm the decision of Y 9 � Y Y rY� the Planning commission denying the Dispensary Conditional Use Permit application and affirm the findings and decision of the Planning Commission.The motion carried by the following vote: Aye: 3- Mayor Henry, Council Member Kaplan, and Council Member Aguilar Nay: 2- Mayor Pro Tem Pettis, and Council Member Carnevale Enactment No: M.O.6439 4.B. 2015-323 Public Hearing to Vacate Certain Streets,Alleys, Public Highway Easements and Utility Easements-Vacation No. 2015-01 Tami Scott, Administrative Services Director,presented the staff report to the Council. Mayor Stan Henry opened the Public Hearing for discussion, there being none he returned discussion to the City Council. Mayor Pro Tem Greg Pettis indicated he would like to see a map of the location and requested to continue this item so that the Council can receive a complete report. A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Kaplan,to continue the Public Hearing to Vacate Certain Streets,Alleys,Public Highway Easements and Utility Easements- Cathedral City Page 3 Printed on 8/19/2015 City Council REGULAR MEETING August 12,2015 Vacation No.2015-01 to August 26,2015.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.6440 5. LEGISLATIVE ACTIONS 5.A. 2015-308 Ground Lease Extension and License Agreement with Big League Dreams Sports Park Tyrone Pearson, Cathedral City, was called to speak. He spoke about Medical Marijuana Dispensaries and the money that can be generated from them. A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to authorize the City Manager to execute a First Amendment to the existing Ground Lease and Agreement to Develop and a License Agreement with Big League Dreams Sports LLC that would extend the Ground Lease by 30 years,modify the Minimum Annual Rent,Amend the Promissory Note and provide for the use and maintenance of sublease agreement with STC One Communications in the final form, mutually agreeable to Big League Dreams,the City and each parties'Legal representation.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.6441 5.B. 2015-310 Medical Marijuana Dispensary Kiosk Ordinance. John Chaisson, was called to speak. He indicated that there is software available that can track sales and meet the regulations. He feels that using the kiosks creates a disconnect with the patient. Ron Hodge, was called to speak. He indicated that there doesn't have to be a disconnect with the patient. It's about control of the substance and accountability. Tyrone Pearson, Cathedral City, was called to speak. He spoke about the California Health Care Bill. Alan Carvalho, Cathedral City, was called to speak. He would like to see the Council move forward with this, even if it is just for a trial period. A motion was made by Council Member Kaplan,seconded by Mayor Henry,to allow Medical Marijuana Dispensaries to accept cash for a six month period while the City evaluates the necessary systems for better control with a six month sunset provision from the effective date,unless extended by the City Council and to require the dispensary to use a software program from seed to sell.The motion carried by the following vote: Aye: 3- Mayor Henry, Council Member Kaplan, and Council Member Aguilar • Nay: 2- Mayor Pro Tern Pettis, and Council Member Carnevale Enactment No: M.O.6442 5.C. 2015-322 Ordinance Adding Chapter 8.60 "Permitting for Rooftop Solar Energy Systems" to the Cathedral City Municipal Code. A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Aguilar,to approve the Cathedral City Page 4 Printed on 8/19/2015 City Council REGULAR MEETING August 12,2015 first reading of an Ordinance adding Chapter 8.60"Permitting for Rooftop Solar Energy Systems"to 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 5.D. 2015-330 Approve a One-Year Pilot Program Contract with Graffiti Protective Coatings, Inc.for Providing Graffiti Abatement Services. A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to approve a one-year contract with Graffiti Protective Coatings,Inc.(GPC)to provide graffiti abatement services in an amount not to exceed$6,000 per month and authorize the City Manager(or designee)to execute the contract.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.6444 6. COUNCIL REPORTS Council Member Shelley Kaplan reported that there will be an appreciation breakfast for the Police Department on August 20, 2015 at 6 a.m. Mayor Pro Tem Greg Pettis,reported that he and Mayor Henry attended a meeting with representatives from CVAG and other cities with regard to transportation. There was excellent discussion. He also reported that he and Councilmember Kaplan attended a presentation at Roy's Desert Resource Center on homelessness within the transgender community. He felt that it was very informative and useful. Mayor Stan Henry,reported that the transportation meeting that he attended was positive. He indicated that for the next two years Caltrans does not have any on-the-shelf projects and the money they are looking to appropriate can go to Cities and Counties. He stated that the City needs to have some on-the-shelf projects so that we can receive some of that funding for road projects. He stated that the League is supporting some initiatives and feels it is important for the City to send letter of support for those initiatives. He reported that he received a draft report on the municipality equality index for the City. It showed that we are at 100%and thanked the Staff for what they have done. He is looking forward to the final report. Mayor Stan Henry temporarily adjourned the City Council Meeting at 9:10 p.m. to finish the Study Session items. Mayor Stan Henry reconvened the City Council Meeting at 9:15 p.m. 7. CLOSED SESSION City Attorney Charles Green announced that the City Council will meeting in Closed Session. The meeting recessed to Closed Session at 9:15 p.m. 7.A. 2015-306 CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Property Location: 68510 E Palm Canyon Dr, Cathedral City, CA 92234. APN 687475002 & 687475003 Negotiating Parties: City of Cathedral City and the City Urban Revitalization Corporation Cathedral City Page 5 Printed on 8/19/2015 City Council REGULAR MEETING August 12,2015 Property Owners: City of Cathedral City and City Urban Revitalization Corporation Under Negotiations: Property Negotiations 7.B. 2015-321 CLOSED SESSION: Public Employees Performance Evaluation Per Government Code Section 54957 (B)Title: City Manager and City Attorney The City Council re-convened their meeting at 11:45 p.m. City Manager Charles McClendon announced that the City Council met in Closed Session and that they took the following action: • Motion by Mayor Pro Tem Pettis, seconded by Councilmember Kaplan to encourage the Board of City Urban Revitalization Corporation(CURC)to proceed with a possible sale of the subject property located at 68510 E. Palm Canyon Drive, Cathedral City California. APN#687-475-003. There was no other reportable action taken. ADJOURN = S NLEY E. H RY, May- ATTES : -- GARY' . HO ELL, Cit- Cl Cathedral City Page 6 Printed on 8/19/2015