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HomeMy WebLinkAboutCC Min 2017-11-29 Cathedral City CITY COUNCIL STUDY SESSION MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA Wednesday, November 29, 2017 STUDY SESSION 4:30 PM • CALL TO ORDER Mayor Stan Henry called the Study Session Meeting of November 29, 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 There were no members of the public that wanted to address the City Council. 2. STUDY SESSION 2.A. 2017-475 Interview Applicants for the Public Arts Commission The following individuals were interviewed by Council for consideration to fill two vacant seats on the Public Arts Commission: Public Arts Commission: Sue Townsley Christian Sesma Bill Schroeder The City Council will be making appointments to the Commission during their Regular Meeting on November 29, 2017. 2.B. 2017-468 Phase 1 of the Historic and Cultural Assessment Report conducted by Kaplan Chen Kaplan Pat Milos, Community Development Director, introduced the item and provided an overview on the Blue-Ribbon Task Force and the Historic and Cultural Assessment Report. Pam O'Connor, Kaplan Chen Kaplan representative, presented Phase 1 of the Historic and Cultural Assessment Report. She provided information about historic preservation programs, historic contexts necessary to evaluate potential historic significance, and an overview of the history of Cathedral City to help guide establishment of historic contexts. She described how a building qualified for historic architectural integrity and provided recommendations, including a survey of the City, historic preservation program and creation of a Historic Preservation Ordinance. She also suggested the community assist in researching and nominating buildings. Charles McClendon, City Manager, suggested that the Blue-Ribbon Task Force review the report and evaluate the pros and cons of an ordinance, establish a committee/commission in an effort to make a recommendation to the City Council. Denise Cross, Cathedral City resident, was called to speak. She expressed her concern with the report and asked that the Task Force review for corrections and recommendations. Alan Carvalho, Cathedral City resident, was called to speak. He expressed his excitement about the process and encouraged it to proceed. Mayor Stan Henry thanked Pam O'Connor for her report. 3. CLOSED SESSION Eric Vail, City Attorney, announced that the City Council will meet in Closed Session to discuss the following items on the agenda. 3.A. 2017-470 Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Alexis Lynn Segovia v. City of Cathedral City, et al. USDC Central District of California Case Number: 17-cv-00678-ODW-SP 3.B. 2017-481 Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property Location: 68-510 East Palm Canyon Drive (APN 687-475-003), Space 140 Negotiating Parties: City Council as Downtown Foundation Board and Hector Salvatierra Property Owner: Downtown Foundation Board Under Negotiations: Terms for Lease Agreement The City Council adjourned to Closed Session at 6:02 p.m. The City Council reconvened at 6:30 p.m. Eric Vail, City Attorney, announced that the City Council met in Closed Session to discuss item 3.A. Conference with Legal Counsel- Existing Litigation for Alexis Lynn Segovia v. City of Cathedral City, with no reportable action taken. Item 3.8. Conference with Real Property Negotiator for 68-510 East Palm Canyon Drive (APN 687-475-003) space 140 will be heard during the regular portion of the meeting and will be reflected in the Regular City Council Meeting minutes of November 29, 2017. ADJOURN Mayor Stan Henry adjourned the Study Session Meeting at 6:30 p.m. fp ( ) C0./- 0,� ' Mayor, ity of Ca'herdral City ATTEST: . 1IIi(S7--6, City Clerk, (j of Ca hedral City Cathedral City CITY COUNCIL MINUTES CITY COUNCIL 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA Wednesday, November 29, 2017 REGULAR MEETING 6:30 PM • CALL TO ORDER Mayor Stan Henry called the Regular Meeting of November 29, 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 Mayor Stan Henry announced that Item 3A. would be pulled from the Consent Agenda for individual consideration. • STATEMENT OF PARTICIPATION BY THE DEPUTY CITY CLERK 1. PUBLIC COMMENT Rosario Avila, Cathedral City resident, was called to speak. She announced that Desert Hot Springs and Palm Springs had not signed up for the CCA and she requested the City withdraw from the CCA. Councilmember Kaplan stated Palm Springs had signed up for the CCA but requested modification to the contract. He stated the CCA would be operating with consultants. John Chaisson, Cathedral City, was called to speak. He stated he owned a cannabis dispensary and asked if the Council would consider allowing consumption at dispensaries to create diversity. Charles McClendon, City Manager, stated that the Cannabis Task Force would meet in mid to late January and make a recommendation to Council on consumption. 2. COUNCIL REPORTS Councilmember John Aguilar reported he attended the Veteran's Day celebration at Forest Lawn. He announced that the steering committee, working on the Economic Development Strategy Plan, met with the consultant and outlined the four proposed performance metrics. He stated he was happy he could represent the City at the Lighting of the Tree at the Ritz Carlton. Councilmember Shelley Kaplan reported that he attended the Peace Officers and Public Safety awards and the RCTC Budget and Implementation Committee meeting. He announced the Cathedral City Boys and Girls Club will hold their annual fundraising event on December 4, 2017. The first Annual Snow Fest will be held on December 9, 2017. Councilmember Mark Carnevale stated he attended the Veteran's Day Event at Forest Lawn, Peace Officers Awards and Cannabis Business Meeting. He expressed his excitement about the Boys and Girls Club annual fundraising event. Mayor Stan Henry discussed the recent Short-Term Vacation Rental Task Force update. He commended Staff on the successful Balloon Festival. He stated that he met with a representative from Loma Linda University Medical Center regarding their construction of a 13,000 square foot pediatric clinic in Indio. 3. CONSENT AGENDA A motion was made by Councilmember Kaplan, seconded by Mayor Pro Tern Pettis, to approve the Consent Agenda. The motion carried by the following vote: Aye: 5 — Mayor Henry, Mayor Pro Tern Pettis, Councilmember Kaplan, Councilmember Carnevale, and Councilmember Aguilar. 3.B. 2017-466 School Resource Officer (SRO) Contract with Palm Springs Unified District Recommendation: Staff recommends that the City Council approve the contract and ratify with provisions of service since August 9, 2017, in the amount not to exceed $145,319.87, by and between City of Cathedral City and Palm Springs Unified School District (PSUSD) for the Police Department to provide the District one trained police officer on a full-time basis as a School Resource Officer(SRO). Enactment No.: M.O. 6865 3.C. 2017-469 Annual California Government Code Section 50075 Report for Community Facilities District (CFD) 2006-1 Recommendation: Staff recommends that the City Council receive and file the City of Cathedral City FY 2016/2017 California Government Code Section 50075 Report for CFD 2006- 1 Revenues and Expenditures. Enactment No.: M.O. 6866 3.D. 2017-474 Resolution Establishing a Priority List for the Use of Cannabis Tax Revenues Recommendation: Staff recommends that the City Council approve a resolution establishing priorities for the use of Cannabis tax revenues. Resolution No.: 2017-47 3.E. 2017-377 Resolution Regarding Councilmember Obligations to the Entire City Recommendation: Staff recommends that the City Council approve a resolution confirming the intent that all Councilmembers should act in the best interest of the entire City. Resolution No.: 2017-48 The following item was pulled from the Consent Calendar for individual consideration: 3.A. 2017-445 Amendment No. 2 to the Professional Services Agreement with ALTA Planning + Design for services on the Cathedral City Bike Path Project Recommendation: Staff recommends that the City Council approve Amendment No. 2 to the Professional Services Agreement with ALTA Planning + Design for additional construction administration/observation and structural engineering services for the Cathedral City Whitewater Bike Path and authorize the City Manager to sign the amendment. Rosario Avila, Cathedral City resident, was called to speak. She asked for clarification on whether CVAG would be paying Cathedral City back and how long it will take. Mayor Stan Henry explained that CVAG would reimburse the City. Enactment No.: M.O. 6864 A motion was made by Mayor Pro Tern Pettis, seconded by Councilmember Carnevale, to approve amendment No. 2 to the Professional Services Agreement with ALTA Planning + Design for additional construction administration/observation and structural engineering services for the Cathedral City Whitewater Bike Path and authorize the City Manager to sign the amendment. The motion carried by the following vote: Aye: 4 — Mayor Henry, Mayor Pro Tem Pettis, Councilmember Kaplan, and Councilmember Carnevale. Nay: 1- Councilmember Aguilar 4. PUBLIC HEARINGS 4.A. 2017-307 Zone Ordinance Amendment (ZOA) No. 17-002 - Amendment to Section No. 9.96.140 (Carwashes) of the Municipal Code to Eliminate the Separation Requirements for Carwashes Recommendation: Staff recommends that the City Council amend Section No. 9.96.140 (Carwashes) of the Municipal Code to eliminate the separation requirements for carwashes. Pat Milos, Community Development Director, introduced the item and provided an overview of the Zone Ordinance Amendment(ZOA) No. 17-002—Amendment to Section No. 9.96.140 (Carwashes) of the Municipal Code to Eliminate the Separation Requirements for Carwashes. He confirmed that there were other car washes within the 2,500-foot radius and 500-foot radius of residential. He stated some were approved prior to the City's incorporation and others were approved through the CUP and variance processes. Mayor Stan Henry opened the Public Hearing for discussion. Eric Vail, City Attorney, stated staff was not recommending any changes to the CUP process. Ernesto Gutierrez, Cathedral City resident, was called to speak. He stated that he does not see the need for an additional car wash. Joseph Walters (did not state city of residency), was called to speak. He indicated support for the amendment. Alan Carvalho, Cathedral City resident, was called to speak. He stated he had a membership with Quick Quack Car Wash and encouraged more businesses. A motion was made by Councilmember Aguilar, seconded by Councilmember Kaplan, to approve first reading, by title only, an ordinance of the City Council of the City of Cathedral City amending section 9.96.140 of the Cathedral City Municipal Code relating to carwashes, eliminating the separation requirements for carwashes. The motion carried by the following vote: Aye: 5 — Mayor Henry, Mayor Pro Tern Pettis, Councilmember Kaplan, Councilmember Carnevale, and Councilmember Aguilar. 4.B. 2017-473 Specific Plan Amendment Nos. 07-001A and 12-001A- North City Specific Plan area and North City Extended Specific Plan area, north of Interstate 10, east of Palm Drive, and west of Bob Hope Drive. Recommendation: Staff recommends that the City Council approve an Ordinance amending the North City Specific Plan and North City Extended Specific Plan allowing cannabis businesses and reducing the commercial square footage requirements in the Mixed Use-Urban district, and finding such amendments to be exempt from CEQA. Mayor Pro Tern Pettis recused himself due to a business conflict. Pat Milos, Community Development Director, introduced the item and presented the North City Specific Plan and North City Extended Plan, including photographs of the area and the Planning Commission recommended revisions. Stone James, Economic Development Director, explained the available residential lots for development and why residential development was not feasible in the North City Specific Plan nor North City Extended Specific Plan areas. He explained that utilities were necessary for commercial development north of 1-10 and cannabis could be the catalyst. Mayor Stan Henry opened the Public Hearing for discussion. Fabiola Alvarez, Cathedral City resident, was called to speak. She indicated support for the Ordinance and Specific Plan amendments. Paul DePalatis, MSA Consulting Inc., was called to speak. He indicated support for the Specific Plan Amendment and North City Extended Specific Plan Area. He discussed their pending cannabis project. Katrina Heinrich, Cathedral City property owner, was called to speak. She explained that her 600- acre property was connected to Mr. Messenger's property and agreed that residential property would not be developed in the near future. She questioned if the amendment would apply to her MUN. She also questioned if the City would consider a tax advantage to assist with the establishment of utilities. Mayor Stan Henry explained that there had not been concrete discussions regarding development in the area. Mayor Stan Henry closed the Public Hearing. Eric Vail, City Attorney, clarified that Council will need to introduce and read the ordinance by title. A motion was made by Councilmember Kaplan, seconded by Councilmember Carnevale, to approve the first reading, by title only and waive further readings, of an ordinance of the City Council of the City of Cathedral City, California, amending the North City Specific Plan and the North City Extended Specific Plan to allow cannabis businesses in the plan areas and reduce the commercial floor area requirements in the Mixed Use-Urban Districts. The motion carried by the following vote: Aye: 4- Mayor Henry, Councilmember Kaplan, Councilmember Carnevale, and Councilmember Aguilar Recused: 1- Mayor Pro Tern Pettis 5. LEGISLATIVE ACTIONS 5.A. 2017-476 Public Arts Commission Recommendation to Accept a Donation from the Bernstein Family of 2 Betty Gold Sculptures Recommendation: Staff recommends the City Council approve the Public Arts Commission recommendation to accept a donation from the Bernstein family of 2 Betty Gold Sculptures and the expenditure of public art funds in an amount not to exceed $6300 for the transportation and painting of both sculptures. A motion was made by Councilmember Kaplan, seconded by Councilmember Aguilar, to accept a Donation from the Bernstein Family of 2 Betty Gold Sculptures and the expenditure of public art funds in an amount not to exceed $6300 for the transportation and painting of both sculptures. 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. 6869 5.B. 2017-478 Appointments to the Public Arts Commission Recommendation: Staff recommends that the City Council make two appointments to the Public Arts Commission with one term continuing to June 30, 2018 and one term continuing to June 30, 2019. A motion was made by Mayor Pro Tem Pettis, seconded by Councilmember Kaplan, to appoint Sue Townsley to the Public Arts Commission to fill an unexpired term continuing through June 30, 2018, and Christian Sesma to fill an unexpired term continuing through June 30, 2019. 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. 6870 Staff was directed to reach out to Mr. Schroeder to see if he is interested in applying for the Architectural Review Committee. 5.C. 2017-479 Resolution Allowing Licensed Dispensaries to Operate with Extended Hours on January 1, 2018 Only Recommendation: Staff recommends that the City Council consider a resolution allowing for extended hours of operation for licensed dispensaries on January 1, 2018 only. A motion was made by Councilmember Kaplan, seconded by Councilmember Aguilar, to approve a Resolution Allowing Licensed Dispensaries to Operate with Extended Hours on January 1, 2018 only. The motion carried by the following vote: Aye: 4- Mayor Pro Tem Pettis, Councilmember Kaplan, Councilmember Carnevale, and Councilmember Aguilar Nay: 1- Mayor Henry Resolution No.: 2017-49 6. CLOSED SESSION Eric Vail, City Attorney, announced that the City Council will meet in Closed Session to discuss item 6.8. on the agenda. Item 6.A. was heard during the Study Session portion of the meeting and is reflected in the Study Session Meeting minutes of November 29, 2017. 6.A. 2017- 470 Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Alexis Lynn Segovia v. City of Cathedral City, et al. USDC Central District of California Case Number: 17-cv-00678-ODW-SP 6.8. 2017- 481 Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8. Property Location: 68-510 East Palm Canyon Drive (APN 687-475-003), Space 140 Negotiating Parties: City Council as Downtown Foundation Board and Hector Salvatierra Property Owner: Downtown Foundation Board Under Negotiations: Terms for Lease Agreement The City Council adjourned to Closed Session at 7:51 p.m. The City Council reconvened at 8:20 p.m. Eric Vail, City Attorney, announced the City Council met in Closed Session to discuss item 6.8. Conference with Real Property Negotiator for 68-510 East Palm Canyon Drive (APN 687-475-003) space 140. There was no reportable action taken. ADJOURN Mayor Stan Henry adjourned the Regular Meeting of November 29, 2017, at 8:20 p.m. C Mayor, 'ty of athedral City ATTEST: ,4\t, \9}1.tk.4 Aly)..,A,( k. City Clerk, City of Cathedral City