HomeMy WebLinkAboutCC Min 2017-10-25 Cathedral City
CITY COUNCIL
MINUTES
CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234
Wednesday, October 25, 2017 REGULAR MEETING 6:30 PM
NOTICE - THERE WILL BE NO STUDY SESSION MEETING ON OCTOBER 25, 2017.
• CALL TO ORDER
Mayor Stan Henry called the Regular Meeting of October 25, 2017, to order at 6:30 p.m.
• PLEDGE OF ALLEGIANCE
Councilmember John Aguilar 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. 2017-420 U.S. Congressional and California State Senate Recognition for an
Award from the Federal Emergency Management Agency of a
Staffing of Adequate Fire and Emergency Response Grant
Paul Wilson, Fire Chief, thanked the City Council for their support. He recognized Kim Zagaris,
State Office of Emergency Services Fire Rescue Chief. He recognized and introduced Diane
Matsumoto, grant writer who helped prepare the SAFER grant application.
Heather Hutt, Southern California US Deputy for Senator Kamala Harris, discussed Senator
Harris'support for wildfire funding. She thanked Chief Wilson, the City Council, and the Fire
Department for their service.
Jacqueline Lopez, District Director for Congressman Reiss, presented a letter from
Congressman Reiss congratulating the Cathedral City Fire Department.
Jeff Stone, California State Senator, congratulated the City Council and commended the Fire
Department on their leadership.
Diane Matsumoto thanked the City Council for their support.
Mayor Henry thanked Fire Chief Paul Wilson and recognized the US Congressional and State
Senate for the award.
• STATEMENT OF PARTICIPATION BY THE DEPUTY CITY CLERK
1. PUBLIC COMMENT
Primo Trujillo, Cathedral City, was called to speak. He announced the 3rd neighborhood watch
meeting in his area, which was well attended. He thanked Sargent Ruiz of the Cathedral City
Police Department for his presentation. He stated that the community is delighted with Ocotillo
Park and the desire for a wholesome environment for families. Mr. Trujillo stated there has been
a decline in vandalism, graffiti, and litter at the park and he thanked the City Council.
Rosario Avila, Cathedral City, was called to speak. She thanked City Manager McClendon for
meeting with her and suggested deferring the General Plan Update until district elections were
established.
2. COUNCIL REPORTS
Councilmember Mark Carnevale reported he attended the following events: The Cathedral City
High School Homecoming Parade, Cub Scout Achievement Award Presentation, Forest Law
Mosaic presentation, historic event at the library, the Senior Center event, Christian Chamber of
Commerce Welcome, and HOA at Desert Sands Community. He announced the Salton Sea
tour will be held on February 8, 2018.
Councilmember John Aguilar reported he attended the following events: The Cathedral City
Homecoming Parade, Historical Society Meet and Greet, California Jazz Foundation event,
Coachella Valley Economic Partnership Summit, Mosaic at Forest Lawn Cemetery, and he met
with the Royal Palms residents.
Councilmember Shelley Kaplan reported he attended the First Annual Cannabis Conference in
Desert Hot Springs and Historical Society event. He announced the upcoming Dia de Los
Muertos which will be held on Saturday at 11:00 am. The Spooktacular will be held on Sunday
at 1:00 pm.
Mayor Pro Tern Gregory Pettis reported he met with the Senior Consultant from the Joint
Legislative Committee on Climate Change and Assemblyman Garcia on housing and
transportation funding. He and Mayor Henry attended a meeting with PSUSD. He and Council
Member Aguilar attended a meeting with the American Heart Association to work together on
obesity. He announced that the CCHS drama department was showing Stand and Deliver on
Thursday, Friday and Saturday and the 13th Annual Healing Fields in Cathedral City put on by
the Rotary Club at Patriot Park next weekend.
Mayor Stan Henry thanked everyone for covering the events while he was out of town in
Michigan. He reported that he toured Sunspire Health Treatment Center. He indicated that he
met with PSUSD regarding a joint use agreement for the pool at the high school and gave a
brief report on the discussion.
3. CONSENT AGENDA
Approval of the Consent Agenda
A motion was made by Councilmember Kaplan, seconded by Mayor Pro Tern Pettis, 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- 396 Disposition of Certain Housing Parcels
Recommendation: Staff recommends the City Council, acting as the Housing Successor Agency,
consider the sale of two vacant housing parcels in the amount of$30,000.
This item was approved
Enactment No: M.O. 6846
3.B. 2017- 414 Disposition of Certain Housing Parcels
Recommendation: Staff recommends the City Council, acting as the Housing Successor Agency,
consider the sale of one vacant housing parcel in the amount of$20,000.
This item was approved
Enactment No: M.O. 6847
3.C. 2017-418 15th Annual Jammin for Jesus Music Fest
Recommendation: Staff recommends that the City Council approve Special Use Permit#17-024 for
the 15th Annual "Jammin' for Jesus Music Fest".
This item was approved
Enactment No: M.O. 6848
3.D. 2017-422 McCallum Way and 30th Avenue Pavement Rehabilitation Final Acceptance
Recommendation: Staff recommends the City Council accept the McCallum Way, CIP 8664 and
30th Avenue, CIP 8667 Pavement Rehabilitation Improvements as final; and
authorize the City Manager to file a Notice of Completion with the Riverside
County Recorder's office; and authorize the release of City held retention funds
to Matich Corporation upon expiration of the Notice of Completion.
This item was approved
Enactment No: M.O. 6849
3.E. 2017-429 Resignation of Robby Sherwin from Public Arts Commission
Recommendation: Staff recommends the City Council accept the resignation of Robby Sherwin
from the Public Arts Commission effective October 25, 2017.
This item was approved
Enactment No: M.O. 6850
3.F. 2017-435 Voting Delegate for the National League of Cities Annual Business Meeting,
November 18, 2017, in Charlotte, North Carolina.
Recommendation: Staff recommends the City Council designate Mayor Pro Tem Pettis as the
Voting delegate to represent Cathedral City at the National League of Cities
Annual Business Meeting, which will be held in Charlotte, North Carolina, on
Saturday, November 18, 2017 and direct the Deputy City Clerk to formally notify
the National League of Cities of this designation.
This item was approved
Enactment No: M.O. 6851
3.G. 2017-436 Medicinal and Adult-Use Cannabis Businesses and Cannabis Public
Nuisance Ordinances
Recommendation: Staff recommends that the City Council conduct the second reading of and
adopt: an ordinance amending Chapter 5.88 of the code related to cannabis
business licensing; an ordinance amending Chapter 9.108 and portions of
Chapter 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.
This item was approved
Enactment No: Ord 800, Ord 801, and Ord 802
4. PUBLIC HEARINGS
4.A. 2017-432 Appeal of Planning Commission Denial of Conditional Use Permit No.
17-013 and Tentative Parcel Map No. 37270 for Quick Quack Car Wash,
located at the northeast corner of Ramon Road and Avenida Ximino
Recommendation: Staff recommends that the City Council hear an appeal of the decision of the
Planning Commission to deny a Conditional Use Permit and Tentative Parcel
Map; hold a public hearing; and then affirm, reverse or modify, in whole or in part,
the Planning Commission decision, based upon the findings contained in the
Staff Report.
Planning Manager Robert Rodriguez gave a presentation on the proposed Conditional Use
Permit for Quick Quack Car Wash. He explained the zoning of the property, elevations,
landscaping, Architectural Review Committee review, Specific Plan 88-31, development
standards, findings, and Planning Commission hearing.
Jason Johnson, CEO Quick Quack Car Wash, explained his ideas and goals for the car wash.
Mayor Henry opened the Public Hearing for comments.
Yury Gershfeld, Ramon Canyon Car Wash, was called to speak. He indicated opposition to the
car wash due to the proximity to his car wash and others on Ramon Road.
Candace Cook, owner of Green Clean Express Car Wash, was called to speak. She stated
She is opposed to the project due to oversaturation in the area. She asked the City Council to
affirm the Planning Commission's decision to deny the permit.
Ernesto Gutierrez, Cathedral City resident, was called to speak. He explained that he is
opposed to the project due to too many car washes in the area.
Alan Carvalho, Cathedral City resident, was called to speak. He stated that competition is
healthy and supports the project.
Councilmember Aguilar stated he met with Mr. Johnson's team and is a customer of other Quick
Quack carwashes and is familiar with the model. He questioned the allegations of
oversaturation and necessary findings for an enforceable decision. He suggested the Council
review the ordinance.
Councilmember Carnevale agreed with Council Member Aguilar that the ordinance should be
revisited. He praised the Planning Commission for their work.
Mayor Pro Tem Pettis discussed the existing ordinance and the need for review. He stated he
would not override the Planning Commission due to the ordinance that is in place.
Councilmember Kaplan stated he was in favor of the competition. He disclosed that he had a
monthly agreement with Quick Quack. He discussed the ordinance and stated that a variance
could be granted.
Mayor Stan Henry asked various questions related to other carwashes and the distance to
residential areas.
In response to Mayor Henry, Planning Manager Rodriguez discussed the locations of other car
washes to residential. He stated prior Planning Commissions had made exceptions, but he did
not know the rationale.
City Attorney Eric Vail explained the Council's options for proceeding to approve or deny the
project. The law must be applied as it is today. The Council should judge each instance on the
facts of the circumstances. If the City Council wants to approve, they could revise the ordinance
related to the distance requirement then bring back the project for consideration. The Council
could approve the project if substantial evidence was available in the record and all of the
following findings are met:
APPROVAL OF CONDITIONAL USE PERMIT NO. 17-013, subject to the attached conditions
of approval and based on the following findings:
1. The full service car wash, which is located at the northeast corner of Ramon Road and
Avenida Ximino in the PCC (Planned Community Commercial) Zoning District and Specific
Plan (SP) No. 88-31, is authorized as a conditional use per the City of Cathedral City Zoning
Ordinance, Chapters 9.30 and 9.72;
2. The full service car wash is desirable for the development of the community in that it
provides a needed service for local residents and businesses, is in harmony with the various
elements or objectives of the General Plan, and is not detrimental to existing uses or to uses
specifically permitted in the PCC Zoning District and SP No. 88-31;
3. The site is adequate in size and shape to accommodate the full service car wash and has
been reviewed, and specific conditions added, to ensure that the car wash is compatible
with the existing or permitted future uses in the neighborhood;
4. The site for the proposed full service car wash relates properly to Ramon Road which is
designed and improved to carry the type and quantity of traffic generated or to be generated
by the car wash;
5. The full service carwash together with the proposed improvements on and off-site are
property designed to minimize impacts of noise, view, glare and traffic patterns; that there is
an exhibited need for a carwash as proposed in the area and for the convenience of area
residents; that there is not a proliferation of car washes in the area; and that the use will not
conflict with the purposes of the specific plan or general plan for the area; and
6. The applicant agrees to comply with any and all the conditions imposed by the Planning
Commission of be subject to revocation hearing.
APPROVAL OF TENTATIVE PARCEL MAP NO. 37270, subject to the attached conditions of
approval, and based on the following findings:
1. That the proposed land division is consistent with the General Plan, City Municipal Code
and Specific Plan;
2. The site of the proposed land division is physically suitable for the development;
3. The design of the proposed land division and proposed improvements will not cause
environmental damage or public health problems;
4. The design of the proposed land division and required improvements will not conflict with
easements acquired by the public at large for access through, or use of, property within the
proposed land division; and
5. In arriving at its decision, Planning Commission has considered all testimony, written and
oral, submitted in relation to this proposal.
Mayor Henry asked Mr. Johnson why he felt his car wash was appropriate with all of the
competition in the area. Mr. Johnson stated they would be an exterior express car wash and
there was an abundance for demand for carwashes. He stated his other two car washes were
both profitable. He discussed proposed future development for a fast food restaurant and tire
store. He proposed approval with abeyance until the text amendment was completed.
Mayor Pro Tem Pettis stated he generally does not like distance requirements and questioned
the distance requirements for the various areas of the code.
Mr. Johnson asked how quickly the text amendment could occur.
City Attorney Vail stated that the Ordinance would have to go before the Planning Commission
for consideration and then the City Council. It is anticipated that it could take up to 90 days for
the completion of the Code amendment. He suggested that the Council could tentatively
approve the project and hold further action in abeyance until the Code is amended changing the
distance requirements. The decision of this project could come back to the City Council and not
the Planning Commission once the Code is amended and in effect. He stated that the applicant
would need to indicate that they waive any possible time lines for approval of the project under
the Permit Streamlining Act, Subdivision Map Act or the California Environmental Quality Act.
Mr. Johnson waived the timing requirement for approval as stated by City Attorney Vail for the
record.
A motion was made by Councilmember Aguilar, seconded by Councilmember Carnevale,
to tentatively approve Conditional Use Permit No. 17-013 subject to attached conditions
of approval, Tentative Map No. 37270 subject to attached conditions of approval, and
Categorical Exemption under Section No. 15332, Class 32 of the CEQA Guidelines, for
the Quick Quack Car Wash, but to all such approvals in abeyance until the City or
Applicant have processed and the Council has acted upon a zoning text amendment
repealing or otherwise modifying the distance requirements set forth in Section 19.96.140
of the Cathedral City Municipal Code currently applicable to the project and with which
the project is currently inconsistent. In the event that the City Council approves the
above amendment to Section 19.96.140, then Council will consider formal approval of the
project at a duly noticed public hearing. Applicant has waived any statutory permit
processing and issuance guidelines as may be provided under Permit Streamlining Act,
Subdivision Map Act, and California Environmental Quality Act applicable to the project.
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. 6852
4.B. 2017-434 Annual AB 1600 Development Fee Report
Recommendation: Staff recommends the City Council approve a resolution accepting the Annual
AB 1600 Development Free Report for the Fiscal Year 2016/17.
Mayor Stan Henry opened the Public Hearing for comments. There being none, he closed the
Public Hearing.
A motion was made by Council Member Kaplan, seconded by Mayor Pro Tern Pettis, to
approve the recommendation that the City Council approve a resolution accepting the
Annual AB 1600 Development Free Report for the Fiscal Year 2016/17. The motion carried
by the following vote:
Aye: 5 - Mayor Henry, Mayor Pro Tern Pettis, Councilmember Kaplan, Councilmember
Carnevale, and Councilmember Aguilar
Enactment No: Reso 2017-46
5. LEGISLATIVE ACTIONS
5.A. 2017-430 Healthy Default Beverages in Kid's Meals.
City Manager Charles McClendon presented the staff report. He reported that the Greater
Coachella Valley Chamber of Commerce surveyed their restaurant members and provided
survey results. Mr. McClendon stated the potential penalties if restaurants did not comply with
the ordinance and that Code Enforcement would handle complaints.
Council Member Carnevale stated he did not like the City getting involved in how restaurants
conducted their business.
Mayor Pro Tem Pettis stated the children's health benefits of the ordinance.
Rosario Avila, Cathedral City, was called to speak. She agreed with Council Member Carnevale
that it was over reach and suggested other ways to engage the community.
Alan Carvalho, Cathedral City, was called to speak. He indicated support for the ordinance.
Denise Rodriguez Bowman, Cathedral City, was called to speak. She stated she did not support
the ordinance because it was not necessary for government involvement.
A motion was made by Councilmember Kaplan, seconded by Councilmember Aguilar, to
approve the recommendation that the City Council introduce and provide first reading of
an ordinance requiring restaurants offering children's meals to provide, as a default
beverage, milk or water. The motion carried by the following vote:
Aye: 3- Mayor Pro Tern Pettis, Councilmember Kaplan, and Councilmember Aguilar
Nay: 2- Mayor Henry, and Councilmember Carnevale
Enactment No.: M.O. 6853
5.B. 2017-431 Ordinance Establishing Membership on the Public Arts Commission at Five
Positions
City Manager Charles McClendon presented the staff report.
Denise Rodriguez Bowman, Cathedral City resident, was called to speak. She suggested
retaining seven members on the Commission.
Christian Sesma, Cathedral City resident, was called to speak. He discussed his involvement in
the movie industry and expressed interest in serving on the Public Arts Commission. He asked
that the City Council consider keeping the Commission membership at seven members to give
opportunity for others who are interested in serving on the Commission.
Alan Carvalho, Cathedral City resident and Chair of the Public Arts Commission, was called to
speak. He stated that he is proud to be part of the Public Arts Commission and he suggested
delaying decision until two of the current members terms end.
Rosario Avila, Cathedral City resident, was called to speak. She suggested a seven-member
commission.
Councilmember Shelley Kaplan stated he originally suggested reducing the membership to five
members since the other commissions were reduce to five. He suggested deferring decision
until May.
Mayor Pro Tem Gregory Pettis stated seven-member commissions were unmanageable. He
stated he could support delaying a decision until May but was in favor of reducing the Public
Arts Commission to five members.
Councilmember John Aguilar stated he was prepared to support the ordinance but could
support delaying the decision until May.
Mayor Stan Henry stated he was in favor of more members, but he also stated he understood
difficulties with seven members.
A motion was made by Mayor Pro Tem Pettis, seconded by Councilmember Kaplan, to
table the matter until the first meeting in May 2018. The motion carried by the following
vote:
Aye: 5- Mayor Henry, Mayor Pro Tem Pettis, Councilmember Kaplan, Councilmember
Carnevale, and Councilmember Aguilar
Enactment No.: M.O. 6854
5.C. 2017-437 Community Choice Aggregation JPA Board of Directors
City Manager Charles McClendon presented the staff report.
Rosario Avila, Cathedral City resident, was called to speak. She submitted the Palm Desert
minutes of September 28 regarding discussions on whether to remain in the CCA. She
expressed concern with financial risks for Cathedral City and lack of consent of the people.
Alan Carvalho, Cathedral City resident, was called to speak. He explained that the City Council
was elected to speak for the residents and expressed his appreciation.
Mayor Pro Tern Gregory Pettis stated that the matter before the City Council was who would
serve on the Board of Directors and Council Member Shelley Kaplan would do a great job.
Councilmember Shelley Kaplan stated that CVAG would not be involved with the CCA and it
was his understanding that the City of Rancho Mirage was going with a CCA.
A motion was made by Councilmember Aguilar, seconded by Mayor Pro Tem Pettis, to
approve the recommendation that the City Council appoint Councilmember Shelley
Kaplan as the Cathedral City representative on the Board of Directors for the Community
Choice Aggregation JPA and appoint Mayor Pro Tern Greg Pettis as the alternate
member. 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. 6855
6. CLOSED SESSION
Eric Vail, City Attorney announced that the City Council will meet in Closed Session to discuss
the following items listed on the Agenda.
6.A. 2017- 423 Conference with Real Property Negotiator Pursuant to Government Code
Section 54956.8.
Property Location: Approximately 2 acres at the southeast corner of West
Buddy Rogers and East Palm Canyon Drive.
Negotiating Parties: City of Cathedral City as the Housing Successor Agency
to the former Redevelopment Agency and Cathedral Canyon Development LLC
Property Owner: City of Cathedral City as the Housing Successor Agency to the
Former Redevelopment Agency
Under Negotiations: Price and Terms for potential sale of real property
6.B. 2017- 425 Conference with Real Property Negotiator Pursuant to Government Code
Section 54956.8
Property Location: Approximately 2.06 acres at the Northwest Corner of San
Antonio and San Mateo Dr. with APN's of 677-291-021 and 022.
Negotiating Parties: City of Cathedral City as Housing Successor Agency and
Chris lfeanyi or assignee.
Property Owners: Housing Successor Agency
Under Negotiations: Price and Terms for potential purchase of real property.
6.C. 2017- 433 Conference with Legal Counsel - Potential Litigation, Pursuant to
Government Code Section 54956.9 (d)(2): Two Potential Cases
The City Council adjourned to closed session at 8:40 p.m.
The City Council reconvened at 9:00 p.m.
Eric Vail, City Attorney, announced that the City Council met in closed session to discuss the
items listed on the agenda, there was no reportable action taken.
ADJOURN
Mayor Stan my add\ rned the Reg ar Meeting at 9:00 p.m.
Mayor, ity of Cathe ral City
ATTEST:
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City Clerk, y of Cat edral City