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HomeMy WebLinkAboutCC Min 2017-10-11 itt Cathedral City CITY COUNCIL STUDY SESSION MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, October 11, 2017 STUDY SESSION 4:30 PM • CALL TO ORDER Mayor Stan Henry called the Study Session of October 11, 2017, to order at 4:30 p.m. • ROLL CALL Present: 5- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis, Councilmember Shelley Kaplan, Councilmember Mark Carnevale, and Councilmember John Aguilar • AGENDA FINALIZATION None. • STATEMENT OF PARTICIPATION BY THE DEPUTY CITY CLERK 1. PUBLIC COMMENT Randy Winbigler, Cathedral City, was called to speak. He attempted to persuade the City Council to vote no on the $35,000 survey on the sugar tax. He felt the money would be better spent on Police and Fire or Parks and Recreation. 2. STUDY SESSION 2.A. 2017-409 Cathedral City Heritage/Commons Amphitheater and Park Design Presentation and Project Status Update John Corella, City Engineer, gave an update on the Heritage/Commons Community Park. He gave an overview of the stakeholder meetings, public outreach and the Parks and Community Events Commission meeting. He introduced David Evans and Associates and IA Architects. Chris Giannini, David Evans and Associates, presented existing conditions, noise exposure study, conceptual site plans for Options 1 and 2, and design inspiration image board. Filippo Scala and Brandon Bartle, IA Architects, explained Architectural Concepts A and B. Jack Briskie, Acentech Consultant, explained the noise exposure study, process and mitigation. He discussed sound levels from traffic, decibel levels, and audio/visual design including speaker layout. Mr. Giannini explained the terraced areas, shade structures and trees, and access to the parking structure. Randy Winbigler, Cathedral City, was called to speak. He expressed concern with the noise impacts on the Cove and encouraged facing the amphitheater away from neighborhoods. Jonae Dupree, Cathedral City, was called to speak. She expressed concern with parking and the loud noise that would be associated with the amphitheater and the size of the facility for the site. Ernesto Gutierrez, Cathedral City, was called to speak. He suggested the noise ordinance be amended, expressed concern with the sun and suggested temporary shading. Michelle VanSickle, Cathedral City, was called to speak. She questioned the decibel levels at Glo Fest and stated her walls were vibrating. Councilmember Kaplan suggested a process to measure decibels. Jessica Shiftman, Cathedral City, was called to speak. She stated that the Glo Fest was too loud and suggested the amphitheater be done in a less intrusive way. Alan Carvalho, Cathedral City, was called to speak. He suggested using an application to measure and report sound issues. He suggested careful consideration of the speaker location. Mayor Stan Henry explained the purpose of the amphitheater was to reduce noise issues in other areas of the City. He stated the slope would help deter the music escaping the venue. He discussed the desire for a vibrant Down Town. City Manager McClendon asked the City Council's preference for the proposed walkways. Mayor Stan Henry suggested more walkways would be better. 2.B. 2017-407 General Fund Year End Review 2016/2017 Tami Scott, Administrative Services Director, presented the FY 16/17 General Fund Year End Review. She explained the City is doing better and stabilizing; however, since a disproportionate amount of our core General Fund Revenue comes from auto related sales and services, which is considered an extremely volatile industry, it is essential we continue to grow our "Savings Account"to maintain the target amount of 50% of budgeted expenditures. She discussed the tax revenue breakdown, how property tax dollars are allocated, general tax revenue trend, licenses and permits, fees and services revenues, miscellaneous revenue and fund transfers, where funds come from, where funds go, and the general fund appropriations. Curt Watts, Economic Development Director, discussed success and decline of the auto dealerships. City Manager McClendon stated he would provide data on auto sales in surrounding cities to the Council. 3. CLOSED SESSION None. ADJOURN Mayor Stan Henry adjourned the Study Session meeting at 5:48 p.m. L Mayor, City of Cathedral City ATTEST: \jiLly ,c,pAg,eAA0Ukc City Clerk, Clitty of Cathedral City Cathedral City CITY COUNCIL MINUTES CITY COUNCIL 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA Wednesday, October 11 , 2017 REGULAR MEETING 6:30 PM • CALL TO ORDER Mayor Stan Henry called the Regular Meeting of October 11, 2017, to order at 6:30 p.m. • PLEDGE OF ALLEGIANCE Councilmember Shelley Kaplan led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Mark Carnevale offered the invocation. • ROLL CALL Present: 5- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis, Councilmember Shelley Kaplan, Councilmember Mark Carnevale, and Councilmember John Aguilar • AGENDA FINALIZATION • SPECIAL PRESENTATION A. 2017-406 Recognition of Retirements —Curt Watts, Economic Development Director and George Crum, Chief of Police City Manager Charles McClendon introduced Curt Watts and George Crum. Mayor Stan Henry and the Council recognized and congratulated the retirees. Curt Watts thanked the City Council and the City Staff. George Crum thanked the City Manager, City Staff, and the community for their support. • STATEMENT OF PARTICIPATION BY THE DEPUTY CITY CLERK 1. PUBLIC COMMENT Sam Pace, Boys and Girls Club Cathedral City, was called to speak. He thanked the Council for their participation and presented them with a trophy for the Meatball Festival. Terry Nelson, Cathedral City resident, and Scott Robinson, Boys and Girls Club Cathedral City, were called to speak. They stated they have pride in the City and presented Chief George Crum with a t-shirt. Melinda Shapiro, Cathedral City, was called to speak. She thanked staff for assisting her with the purchase of a property and the repair of the fence. She stated she was affected by the noise from the Glo Run. Dale Jag, Cathedral City, was called to speak. He requested City credit card information be included in the demands and for the City to ensure credit cards were only used for City business. Rosario Avila, Cathedral City, was called to speak. She stated her intent was to create a dialogue regarding CCA and projected savings. She suggested surveying the residents to see if they want to save money on electricity bills or build solar plants. Scott Robinson, Boys and Girls Club Cathedral City, was called to speak. He announced that their Holiday Extravaganza will be held on December 4, at 6:00 p.m. Alan Carvalho, Cathedral City, was called to speak. He stated that most residents have trust in the City Council. Councilmember Shelley Kaplan explained the potential savings and benefits of the CCAC. Melinda Shapiro, Cathedral City, was called to speak. She expressed her concern about speakers being stifled when questioning transparency of the City. She suggested the use of checks and balances. Mayor Pro Tern Gregory Pettis stated that the information on City credit cards usage is included in the demands. He also stated the information was available through the process of public records request. He discussed the mandatory ethics training for City Council. Patrick Swarth, Community Development Officer for the Greater Coachella Valley Chamber of Commerce, was called to speak. He thanked the Mayor for his participation in the All Valley Mayor Tribal Leadership Luncheon. 2. COUNCIL REPORTS Councilmember Mark Carnevale reported he would be greeting the Christian Leadership at the DoubleTree. He also reported that he will be attending the Homeless Committee meeting, CCHS Homecoming Parade, and the Senior Center spaghetti dinner. He thanked the Greater Coachella Valley Chamber of Commerce for attending the meeting. Councilmember John Aguilar announced the Hospitality Industry Career and Job Fair at COD on October 18. He reported he represented the City at a coalition of community organizations throughout the Coachella Valley, striving to improve healthy living for all the families of the Coachella Valley. Councilmember Shelley Kaplan reported he, and the City Manager attended the CCA Education Annual meeting. He announced the CA Jazz Foundation event, the CCHS Homecoming Parade, Historical Society Meet and Greet at the library at 2:00 p.m. on October 22, and the Senior Center spaghetti dinner event on Oct 20. Mayor Pro Tern Gregory Pettis reported he attended the recent Health Fair held at the Senior Center. He stated that there was a representative from the National League of Cities touring the area. He announced the Peace Pole dedication at Palm Valley on October 13. Mayor Stan Henry reported he attended the Agua Caliente dinner in the Canyons and they announced their Cultural Museum and Spa. He thanked the Greater Coachella Valley Chamber of Commerce for allowing him to be a speaker at the All Valley Mayor's Tribal Leadership Luncheon. He also thanked those involved in coordinating the staff appreciation breakfast, and the PSUSD for the successful Glo Fest. 3. CONSENT AGENDA Approval of the Consent Agenda A motion was made by Councilmember Aguilar, seconded by Councilmember Kaplan, to approve the following Consent Agenda items. The motion carried by the following vote: Aye: 5 — Mayor Henry, Mayor Pro Tern Pettis, Councilmember Kaplan, Councilmember Carnevale, and Councilmember Aguilar. 3.A. 2017-410 Receive and file Payment of Claims and Demands Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency, the Housing Successor Agency, the Cathedral City Public Finance Authority Board, and the Cathedral City Downtown Foundation Board receive and file payment of claims and demands in the aggregate sum of$8,367,666 for the month of September 2017. This item was approved Enactment No: M.O. 6839 3.B. 2017-412 City Council Minutes of April 26, 2017 Recommendation: Approve the City Council Minutes of April 26, 2017 This item was approved. Enactment No: M.O. 6840 3.C. 2017-401 Accept Donation of Property from the City Urban Revitalization Corporation Recommendation: Staff recommends the City Council adopt a Resolution accepting donation of property from the City Urban Revitalization Corporation "CURC" for park, recreational and/or open space purpose. This item was approved. Enactment No: Reso 2017-45 3.D. 2017-411 Payoff of Sewer Assessments Recommendation: Staff recommends the City Council authorize the payoff of certain identified sewer assessments from the AD2004-02 Improvement Fund. This item was approved. Enactment No: M.O. 6841 3.E. 2017-408 Approve a Purchase Order with Petrochem Materials Innovation, LLC (PMI) to Supply and Apply Rubberized Emulsion Aggregate Slurry (REAS) for the Fourth Phase of the City's Pavement Management Plan (PMP) Recommendation: City Staff is recommending that the City Council approve the following: • A purchase order with PMI to supply and apply REAS to City Staff designated streets for Phase IV of the PMP and include traffic control and striping in the amount of $1,232,244.01 and authorize the City Manager (or designee) to execute the required contact documents; and • Approve a ten percent (10%) contingency in the amount of$123,224.40 dollars for unforeseeable construction costs; and • Authorize the City Engineer to coordinate crack sealing on Assessment District 96-1 only for an amount not to exceed $100,000.00; and, authorize the City Engineer to include the north half of Verona in the REAS work in the amount of$35,000; and • Authorize the City Engineer to request insurance for this Project and issue a Notice of Proceed; and, thereby making Phase IV of the Pavement Management Program expenditure $1,490,468.41. This item was approved. Enactment No: M.O. 6842 4. PUBLIC HEARINGS 4.A. 2017-398 Medicinal and Adult-Use Cannabis Business and Cannabis Public Nuisance Ordinances Recommendation: Staff recommends the City Council hold a public hearing and receive comments from the public; and introduce, read by title and waive further reading of: an ordinance amending Chapter 5.88 of the code related to cannabis business licensing; an ordinance amending Chapter 9.108 and portions of Chapters 9.08, 9.30, 9.36, 9.40, and 9.42 of the code related to land use regulation of cannabis businesses; and an ordinance amending Section 13.80.240 of the code related to cannabis-related public nuisances. Charles McClendon, City Manager, introduced the item and stated staff has been working on revisions to the Municipal Code related to the cannabis industry. Erica Vega, Assistant City Attorney, presented the staff report providing the background of Prop 64 that legalized adult-use of cannabis businesses that engage in adult-use commercial cannabis activity. She stated the City is working on Ordinances to integrate adult-use into the current medicinal regulatory structure. She introduced the Licensing Ordinance, Land use Ordinance, and the Nuisance Ordinance. Pat Milos stated there had been no applications for an open space zone. Mayor Stan Henry suggested consideration of three independent complaints for the Nuisance Ordinance. He suggested that a 10% investor be required to obtain a background check, and that the application for a state license occur within one to two months. Councilmember Shelley Kaplan suggested staff discretion regarding complaints. Mayor Pro Tem Pettis suggested allowing 45 days for state license application. Greta Carter, cannabis business representative, was called to speak. She encouraged the City Council to approve the ordinance. Ryan Fingerhut, Hiro Consulting, was called to speak. He thanked the City and staff for the ordinances. He suggested an exception in Section 5.88.65Q regarding scales, one to two months for application for State licensing, and he expressed concern about the presumption of violation. Melinda Shapiro, Cathedral City, was called to speak. She asked if the area north of 1-10 included residential areas. It was the consensus of the City Council to require background checks for persons with 10% of ownership and to require businesses to apply for a state license within 45 days. A motion was made by Councilmember Kaplan, seconded by Mayor Pro Tern Pettis, to approve the recommendation that the City Council hold a public hearing and receive comments from the public; and introduce, read by title only, and waive further reading of: an ordinance amending Chapter 5.88 of the code related to cannabis business licensing; an ordinance amending Chapter 9.108 and portions of Chapters 9.08, 9.30, 9.36, 9.40, and 9.42 of the code related to land use regulation of cannabis businesses; and an ordinance amending Section 13.80.240 of the code related to cannabis-related public nuisances. The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Councilmember Kaplan, Councilmember Carnevale, and Councilmember Aguilar Enactment No: M.O. 6843 5. LEGISLATIVE ACTIONS 5.A. 2017-403 Consider Conducting an Opinion Research Survey City Manager McClendon presented the staff report. He stated the subcommittee has met and will make their recommendation to the Council. Councilmember Shelley Kaplan stated that the subcommittee has met, and the committee is in favor of conducting an opinion research survey and he explained the neutrality of the survey. He stated that the City of Coachella was also considering a sugar tax, and he suggested that the tax revenue generated could be used for recreational programs to encourage healthier eating and lifestyles. Mayor Pro Tem Gregory Pettis stated that the subcommittee was recommending this item be approved. He suggested a scientific survey on safe and sane fireworks and a sugar sweetened beverage tax. He believes a survey should be conducted prior to placing a measure on the ballot. He stated that the City does not have a recreation department and the tax revenue from the sugar sweetened beverage tax could fund programs. He stated he conducted his own email survey and gave the results. Councilmember Mark Carnevale stated it was not necessary to spend money on the survey for fireworks and he expressed concern with a tax increase. Councilmember John Aguilar stated he attended the Healthy Family's Forum and encouraged more public debate about obesity issues, however, he was not supportive of a survey to obtain public feedback. Mayor Henry stated illegal fireworks have been an issue and are the cause of many complaints. He would like to obtain input from the business community on the sugar sweetened beverages tax before deciding on conducting a survey. Melinda Shapiro, Cathedral City, was called to speak. She stated she did not support the survey. She discussed dangers of fireworks and indicated opposition to a sugar tax. Patrick Swarthaw, Greater Coachella Valley Chamber of Commerce, stated they were not taking a position at this time and had reached out to a few members for an initial opinion. Ernesto Gutierrez, Cathedral City, was called to speak. He indicated opposition to a sugar tax. Rosario Avila, Cathedral City, was called to speak. She stated the Council was over reaching and that a sugar tax would cancel out the savings of a CCA. Alan Carvalho, Cathedral City, was called to speak. He indicated support for a sugar tax. Dale Jag, Cathedral City, was called to speak. He stated he did not support the survey. A motion was made by Councilmember Kaplan, seconded by Mayor Pro Tem Pettis, to approve the recommendation that the City Council consider conducting an Opinion Research Survey, by Fairbank, Maslin, Mullin, Metz & Associates (FM3) relative to the continuation of the Safe and Sane Fireworks program and to determine community sentiment about a Sugar-Sweetened Beverage Tax. The motion failed by the following vote: Aye: 2- Mayor Pro Tern Pettis and Councilmember Kaplan Nay: 3- Mayor Henry, Councilmember Carnevale, and Councilmember Aguilar Enactment No: M.O. 6844 5.B. 2017-404 Resignation of Tim Parrott from Public Arts Commission Councilmember Shelley Kaplan requested staff prepare a resolution to reduce the Public Arts Commission membership from seven to five. Alan Carvalho, Chair of the Public Arts Commission, was called to speak. He thanked Mr. Parrott for his dedication. Mayor Stan Henry apologized for any limitations regarding the arts and thanked those involved for their dedication and commitment. A motion was made by Mayor Pro Tem Pettis, seconded by Councilmember Carnevale, to approve the recommendation that the City Council accept the resignation of Tim Parrott from the Public Arts Commission and direct staff on how to proceed with filling the vacancy. The motion carried by the following vote: Aye: 5- Mayor Henry, Mayor Pro Tern Pettis, Councilmember Kaplan, Councilmember Carnevale, and Councilmember Aguilar Enactment No: M.O. 6845 Mayor Pro Tem Pettis requested amending the allowable use of public arts fund to hire part time employees to operate the museum. 5.C. 2017-400 Second Reading and Adoption of Ordinance Approving Change of Zone No. 17-001, Specific Plan Amendment No. 90-43A A motion was made by Councilmember Aguilar, seconded by Councilmember Carnevale, to approve the recommendation that the City Council approve an exemption to the California Environmental Quality Act (CEQA) based on the finding that the project is exempt pursuant to the California Environmental Quality Act (CEQA) per Section 15601(b)(3), as it can be seen with certainty that there is no possibility that Specific Plan Amendment No. 90-43A and Change of Zone No. 17-001 may have a significant effect on the environment; and provide second reading and adopt an ordinance approving Specific Plan Amendment No. 90-43A and Change of Zone No. 17-001. The motion carried by the following vote: Aye: 4- Mayor Pro Tern Pettis, Councilmember Kaplan, Councilmember Carnevale, and Councilmember Aguilar Nay: 1- Mayor Henry Enactment No: Ord 799 6. CLOSED SESSION None. ADJOURN Mayor Stan He•ry adjourned the Regular Meeting of October 11, 2017, at 8:49 p.m. Mayor, athedral Ci ATTEST: ,City Clerk, ath. edr I City