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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: i City Clerk, y of Cat edral City