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Home My WebLink AboutCC Min 2015-08-26 Cathedral City CITY COUNCIL STUDY SESSION MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, August 26, 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 None STUDY SESSION A. 2015-356 Update on Northgate Community Church project(CUP 14-004), 30-010 Date Palm Drive Pat Milos, Community Development Director,gave an update in the construction of Northgate Community Church. He indicated that they have requested a Conditional 12-month Temporary Certificate of Occupancy. The following is a list of items that they have requested to be postponed for 12 months: NW Corner Improvements including Fellowship Plaza Elimination of non-essential on-site concrete walkways which is essentially the N-S sidewalk on-site from Avenue 30th Avenue. Elimination of North and East Entry structures and sails. Elimination of aluminum window shade structures on all building elevations. Reduction of Finish Grading/Landscaping. Elimination of curved Site walls on West and North Frontages. Elimination of Site Monument Signage. Interior upstairs finish improvements. The above improvements will have to be completed in the 12 month time frame prior to the final Certificate of Occupancy. It was the consensus of the City Council to allow the Conditional 12-month Temporary Certificate of Occupancy with the following conditions in addition to the ones requested by the church: No building permit will be issued for Phase 3 prior to the completion of the items that were postponed for 12 months. Cathedral City Page 1 City Council Study Session STUDY SESSION August 26,2015 The upstairs cannot be used until a final Certificate of Occupancy has been issued. No Banners will be allowed for signage. A copy of the signed release of contract from the contractor and a copy of the release of lien shall be provided to the City. B. 2015-350 Citywide Sign Program Update Leisa Lukes, Economic Development Manager,gave an update on the Citywide Sign Program. She indicated that the designs were shared with the Public Arts Commission, Parks and Community Events Commission and the Planning Commission for comments. Valerie Schechter, Cathedral City, was called to speak. She stated that the Parks and Community Events Commission were only offered two designs and asked to vote. She indicated that she doesn't really like either one of the designs. Alan Carvalho, Cathedral City, was called to speak. He stated that the Public Arts Commission was also only given the two design choices. He would like to see alternative choices and more input if possible. It was the consensus of the City Council to direct staff to issue an RFP for design services for a Citywide sign program that will include the scope of work. C. 2015-344 Discussion of Council Membership on City Boards and Commissions City Manager Charles McClendon, stated that Council Member Kaplan requested a discussion item on the agenda on whether or not to have Councilmembers serve in some or all of the Boards and Commissions for Cathedral City. Sergio Espericueta, Cathedral City, was called to speak. He indicated that he does not support having Council serve on the Council appointed Boards and Commissions. It was the consensus of the Council not to assign Council Members to serve as a liaison on the Council appointed Boards and Commission. CLOSED SESSION City Attorney Charles Green announced that the City Council will meet in Closed Session to discuss anticipated litigation pursuant to Government Code Section 54956.9(d)(1). Number of potential cases: One. The City Council recessed to Closed Session at 5:43 p.m. A. 2015-333 CLOSED SESSION: Conference with Legal Counsel -Anticipated Litigation Pursuant to Government Code Section 54956.9(e)(1). Number of potential cases: One The City Council reconvened at 6:25 p.m. City Attorney Charles Green announced that the City Council met in Closed Session to discuss anticipated litigation, there was no reportable action taken. ADJOURN Mayor Stan Henry adjourned the Study Session Meeting at 6:30 p.m. Cathedral City Page 2 City Council Study Session STUDY SESSION August 26,2015 S r ANLEY . HENRY, 11-: ATTEST )0A, GARY . HOWELL, City Clerk Cathedral City Page 3 Cathedral City CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, August 26, 2015 REGULAR MEETING 6:30 PM • CALL TO ORDER Mayor Stan Henry opened the Regular City Council meeting at 6:30 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 Lee Wilson Jr., Palm Springs,was called to speak. Talked about the Hometown Hero Banner Program. He would like to include those individuals that are currently serving the Country as well as a banner for fallen officers. Erica Harnik, Rancho Mirage, was called to speak. She indicated that she represents the Buiding Industry Association and indicated that she is Cathedral City's representative and looks forward to working with the City. 3. CONSENT AGENDA A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,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. 2015-353 City Council Minutes of August 12, 2015 Enactment No: M.O.6445 3.B. 2015-138 Final Map and Subdivision Agreement-Stanton Place 2014 LLC Cathedral City Page 1 Printed on 9/3/2015 City Council REGULAR MEETING August 26,2015 Enactment No: M.O.6446 3.C. 2015-326 Approval of Settlement Agreement-Cathedral City v. Madison, Riverside County Superior Court Case Numbers INC 1206440 and INC 1302536 Enactment No: M.O.6447 3.D. 2015-342 Contract Award to Granite Construction for Corregidor Drive Street Improvements Enactment No: M.O.6448 3.E. 2015-343 Designation of a Voting Delegate and Alternate for the League of California Cities Annual Business Meeting on October 2, 2015. Enactment No: Reso 2015-54 • 3.F. 2015-357 Ordinance Second Reading - Permitting for Rooftop Solar Energy Systems Enactment No: Ord 765 4. PUBLIC HEARINGS 4.A. 2015-331 Improvement Area No. 9 -CFD 2006-1 -Public Hearing, Election and Tax Levy Mayor Stan Henry made the following statement: This is the time and place for the public hearing for the proposed formation of the Improvement Area No. 9 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services). The public hearing is hereby officially opened. At this time, we will first have presentations by staff about the District. After that, we will receive comments and questions and any oral protest from any interested persons. When all comments have been received, the public hearing will be closed. Tami Scott, Administrative Services Director,presented the Staff Report. Mayor Henry asked if there were any oral protests or comments by Public, there being none, he asked if there were any questions or discussion by members of the City Council, there being none,he made the following statement: Before I formally close the hearing, is there any property owner subject to the proposed special tax wishing to file a written protest? If so, they must be filed with the City Clerk at this time. For the purpose of a majority protest, only written protests are to be considered. There were none. Mayor Henry closed the public hearing. A motion was made by Council Member Aguilar,seconded by Council Member Carnevale,to adopt a Resolution determining the validity of prior proceedings and establishing the Improvement Area No.9 of the City of Cathedral City Commuity Facilities District No.2006-1 (Law Enforcement,Fire,Paramedic Cathedral City Page 2 Printed on 9/3/2015 City Council REGULAR MEETING August 26,2015 and Park Maintenance Services).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 2015-46/Reso 2015-47/Reso 2015-48/M.O.6449 A motion was made by Mayor Pro Tern Pettis,seconded by Council Member Kaplan,to adopt a Resolution calling a special election within Improvement Area No.9 of the City of Cathedral City Community Facilities District No.2006-1 (Law Enforcement,Fire,Paramedic and Park Maintenance Services. The motion carried by the following vote: Y 9 Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale,and Council Member Aguilar Mayor Henry directed the City Clerk to tabulate the ballot and announce if two-thirds of the votes cast upon the question of levying the tax are in favor of levying that tax. Deputy City Clerk Tracey Martinez announced that two-thirds of the votes cast upon the question of levying the tax are in favor of levying that tax. A motion was made by Council Member Kaplan,seconded by Mayor Pro Tem Pettis,to adopt a Resolution canvassing the results of the election held within Improvement Area No.9 of the City of Cathedral City Community Facilities District No.2006-1 (Law Enforcement,Fire, Paramedic and Park Maintenance Services. 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 Deputy City Clerk Tracey Martinez read the title of an Ordinance of the City Council of the City of Cathedral City acting as the Legislative Body of Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services)of the City of Cathedral City authrozing the Levy of a Special Tax within said District. A motion was made by Council Member Aguilar,seconded by Council Member Kaplan,to conduct the first reading,by title only,of an Ordinance authorizing the levy of a special tax within Improvement Area No.2006-1 (Law Enforcement,Fire,Paramedic and Park Maintenance Services). 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 4.B. 2015-332 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. Mayor Stan Henry opened the Public Hearing for discussion, there being none,he closed the Public Hearing and returned discussion to the City Council. A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to adopt a Resolution,conditionally vacating all or portions of Lot"C",Lot"D",Lot"E",Lot"F", Lot"G",Lot"H",and Lot "X",as shown on the map of Cathedral City,filed in Book 13,at Pages 24 through 26,inclusive,of Maps,Records of Riverside County,California,together with the public highway and/or public utility uses on portions of Lots 50,51,52,53,54,55,82,95, 101, 102,103,104 and Lot"H"(alley lot)as shown on said map of Cathedral City,all located within the east half of Section 33,Township 4 South,Range 5 East,San Bernardino Meridian, at the northwest quadrant of East Palm Canyon Drive and Date Palm Drive;approve the disposal of certain surplus public property parcels resulting from the above vacations,to the Cathedral City Page 3 Printed on 9/3/2015 City Council REGULAR MEETING August 26,2015 abutting parcel owners;and approve the use of the sample Resolution attached as Exhibit"B" to the Vacation Resolution,as outlined herein,for the vacation of the above streets,alley and easements in portions or segments,as the conditions of their vacation are met. 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 5. LEGISLATIVE ACTIONS 5.A. 2015-346 Designate an Ex-officio Member of the Architectural Review Subcommittee A motion was made by Council Member Kaplan,seconded by Council Member Carnevale,to appoint Raymond Lopez as an Ex-officio Member of the Architectural Review Sub-committee.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.B. 2015-336 Medical Marijuana Dispensary Cash Transaction Ordinance. Maria Scagliotti, Cathedral City, was called to speak. She requested clarification on whether or not dispensaries could accept cash and will the Ordinance be enforced. Mayor Stan Henry responded that the Ordinance will be in effect 30 days after the second reading is approved. Council Member Mark Carnevale suggested that Ms. Scagliotti use the kiosk on a trial basis during the waiting period. Alan Carvalho, Cathedral City, was called to speak. Suggested that the dispensaries be allowed to accept cash now without delay. Tyrone Pearson, Cathedral City, was called to speak. Discussed items related to Medical Marijuana. Michael Margolin, C4Ever Systems, was called to speak. He encouraged the City Council to require that kiosks be required in Medical Marijuana Dispensaries to have proper tracking from seed to sale. A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to approve the introduction and first reading of an Ordinance amending Cathedral City Municipal Code Section 9.108.120("Other Operating Requirements")of Chapter 9.108,"Medical Marijuana Dispensaries".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 5.C. 2015-339 Resolution- Establishing Cannabis, Marijuana Collective or Dispensary Tax Rate, Penalties& Related Audit Requirements A motion was made by Council Member Kaplan,seconded by Mayor Pro Tem Pettis,to adopt a Resolution of the City Council of the City of Cathedral City,California,Establishing Cannabis and Marijuana Tax Rates,Penalties and related Audit Requirements.The motion carried by the following Cathedral City Page 4 Printed on 9/3/2015 City Council REGULAR MEETING August 26,2015 vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar 5.D. 2015-338 Update-Power& Lighting for the Civic Center and Town Square Tami Scott,Administrative Services Director,gave a presentation on proposed power and lighting to the Civic Center and Town Square. Tyrone Pearson, Cathedral City, was called to speak. He indicated that he supports the proposed changes and improvements. Alan Carvalho, Cathedral City, was called to speak. He indicated that he is excited for the proposed changes and improvements. It was the consensus of the City Council for staff to move forward with the proposed improvements. 5.E. 2015-349 Update on Achievement of City Council Goals for 2015 City Manager Charles McClendon,presented an update on the 2015 Council Goal Achievements. 5.F. 2015-352 Street Name Change No. 15-001 A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to approve a Resolution changing the name of Ocatillo Road to Ocotillo Road(Street Name Change No.15-001). 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: Reso 2015-51 5.G. 2015-337 Utility Users Tax(UUT)on Wireless Prepaid Mobile Telephony Services,AB 1717 A motion was made by Council Member Kaplan,seconded by Mayor Pro Tern Pettis,to approve a Resolution authorizing the examination of Prepaid Mobile Telephony Services Surcharge and Local Charge Records;approve a Resolution authorizing the City Manager to execute Agreement with the State Board of Equalization for implementation of the Local Prepaid Mobile Telephony Services Collection Act;and approve an Agreement for State Collection and Administration of Local Charges. 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 2015-52/2015-53/M.O. 6452 6. COUNCIL REPORTS Council Member John Aguilar, reported that Family Dollar is under new ownership, which is Dollar Tree. He questioned if Aarons is back on schedule. Pat Milos, Community Development Director responded in the affirmative. Council Member Shelley Kaplan, reported that he attended the Police Appreciation breakfast, which was a nice event for the Department. He announced that the final update on the total sales of fireworks was$190,000.00. Cathedral City Page 5 Printed on 9/8/2015 City Council REGULAR MEETING August 26,2015 Council Member Mark Carnevale, reported on the Centsational Mile event that will be taking place Labor Day Weekend and commended Staff for their efforts. He reported that there are several unregistered vehicles on Commercial all the way to Bankside and requested that the Police Department look into it. Mayor Pro Tern Greg Pettis, reported that he attended a SunLine art event Some of the Elementary Schools participated in a contest creating art that may potentially be used to wrap the buses. On Thursday he will be in Sacramento representing the League of California Cities, where a group made of of representatives from Cities, Counties and Schools. He requested that a joint meeting be scheduled between the City Council and the Palm Springs Unified School District He reported that the Evening Rotary Club held their monthly social at the Bart Lounge, he feels that it is a nice place and encourgaged residents to stop by. He reported that Senator Stone and SCRAP Gallery will be hosting a recycled art project. Mayor Stan Henry, attended a CVAG Workshop where they discussed maintenance and operations of CVLinik. Another meeting will be held on Monday,August 31, 2015 at 5:30 p.m. at the UC Riverside Campas for Elected Officials. He reported that there will be a walk event hosted by United Way this weekend at the Dennis Keat soccer park. They will be collecting back to school items. 7. CLOSED SESSION City Attorney Charles Green announced that the City Council will meet in Closed Session to discuss the following: CITY COUNCIL AS SUCCESSOR AGENCY—Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property Location: Approximately 15 acres at NW Corner of East Palm Canyon Drive and Date Palm Drive Property Owners: City Urban Revitalization Corporation&Wessman Development Negotiating Parties: City of Cathedral City, City Urban Revitalization Corporation& Wessman Development Under Negotiation: Property Negotiations and CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Property Location:68200 33rd Ave, Cathedral City, CA 92234 Property Owners:Cathedral Creekside L.P. Negotiating Parties:Housing Successor Agency and McCormack Baron Asset Management The City Council recessed to Closed Session at 8:25 p.m. 7.A. 2015-341 CITY COUNCIL AS SUCCESSOR AGENCY - Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property Location: Approximately 15 acres at NW Corner of East Palm Canyon Drive and Date Palm Drive Property Owners: City Urban Revitalization Corporation & Wessman Development Negotiating Parties: City of Cathedral City, City Urban Revitalization Corporation &Wessman Development Under Negotiation: Property Negotiations 7.B. 2015-355 CLOSED SESSION: CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 Cathedral City Page 6 Printed on 9/8/2015 City Council REGULAR MEETING August 26,2015 Property Location: 68200 33rd Ave, Cathedral City, CA 92234 Property Owners: Cathedral Creekside L.P. Negotiating Parties: Housing Successor Agency and McCormack Baron Asset Management The City Council reconvened at 9:40 p.m. City Attorney Charles Green announced that the City Council met in Closed Session and there was no reportable action taken. ADJOURN Mayor Stan Henry adjourned the City Council Meeting at 9:40 p.m. S NLEY E. -NRY, Mayo ATTEST. GARY F.HOWELL, City Cler Cathedral City Page 7 Printed on 9/8/2015