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HomeMy WebLinkAboutCC Minutes 2019-12-11 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, December 11, 2019 4:00 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • CALL TO ORDER The meeting was called to order at 4:00 PM by Mayor Mark Carnevale. • ROLL CALL Attendee Name Title Status Arrived Mark Carnevale Mayor Present 4:00 PM John Aguilar Mayor Pro Tern Present 4:00 PM Raymond Gregory Councilmember Present 4:00 PM Ernesto Gutierrez Councilmember Present 4:00 PM Rita Lamb Councilmember Present 4:00 PM • AGENDA FINALIZATION • STATEMENT OF PARTICIPATION BY THE CITY CLERK • THE CITY COUNCIL WILL RECESS TO CLOSED SESSION AT 4:00 PM 1. CLOSED SESSION Eric Vail, City Attorney, announced that the City Council will meet in Closed Session to discuss the following items on the agenda. A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: Three B. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: AFSCME - The American Federation of State, County and Municipal Employees CCPOA - Cathedral City Police Officers Association CCPMA - Cathedral City Police Management Association CCPFA - Cathedral City Firefighters Association CCFMA - Cathedral City Fire Management Association The City Council recessed to Closed Session at 4:05 pm. The City Council reconvened at 4:34 pm. Eric Vail, City Attorney, announced that the City Council met in Closed Session to discussed item 1A. Conference with Legal Counsel for anticipated litigation, with no reportable action taken. The City Council will return to Closed Session to discuss item 18. at the end of the Study Session meeting. 2. PUBLIC COMMENT Steve Vogelsang, Cathedral City resident, was called to speak. He stated that he is opposed to the De novo review of Conditional Use Permit No. 19-008 issued by the Planning Commission. He expressed his concern with the potential for parking and traffic issues, and questioned if the facility would have to be State Licensed and if they have a city business license. 3. STUDY SESSION A. Interview Applicants for the Public Arts Commission Recommendation: Staff recommends the City Council interview the applicants that have submitted applications for possible appointment to fill one vacant seat on the Public Arts Commission. Charles McClendon, City Manager, announced that Scott Colwell was unable to attend the interviews but would still like to be considered for an appointment. The following individuals were interviewed by the City Council for the Public Arts Commission vacancy: Nancy Ross Aaron Teel The City Council will consider making appointments to the Public Arts Commission during the Regular Meeting on December 11, 2019. B. Proposed Public Use of the Cathedral City High School Swimming Pool During the Summer Months and Revised City Operational Expenses Recommendation: This item is presented for information, discussion and direction only. Fire Chief Paul Wilson gave an update on the proposed public use of the Cathedral City High School swimming pool during the summer months and revised city operational expenses. Mayor Mark Carnevale stated that safety is important and questioned if they will be able to separate the different age groups and whether or not the pool is designed for open swim. He also inquired if the City would be able to cancel the Cathedral City Page 2 Printed on 1/02/2020 agreement early if it is not fiscally working. He stated that he is in favor of moving forward with Staff's recommendations. Chief Wilson responded that during the open swim times there will be all age groups and during the different programs there would be some separation. He also stated that Desert Recreation District did not have concerns with the design of the pool for open swim. He explained that Desert Recreation District and the School District are looking for an agreement that fulfils the entire 9-week program. Mayor Pro Tem John Aguilar thanked Staff for the presentation. He inquired on the activity detail of the proposal and expressed his concerns with class fees and questioned if there are any considerations for hardships. He also stated that he is in favor of moving forward with Staff's recommendations. Chief Wilson responded that the fees are comparable with other communities and he would have to follow-up with the Desert Recreation District regarding possible hardships. Councilmember Ernesto Gutierrez stated that he is happy with the lower costs presented for the summer swim program. He expressed his concern with the proposed open and close times of the pool. He would like the pool to remain open the entire time and the times to be the same every day. He questioned how much money could potentially need to be made up if the program is not successful. He questioned what the estimated revenue from Desert Recreation District are. He also questioned what equipment the City many need to purchase to set-up the program. He stated that he would like to see a not to exceed amount added to the agreement. He is not in favor of moving forward with the proposed hours. Chief Wilson responded that the hours are proposed for health and safety reasons to ensure the chemicals in the pool are properly balanced and changing the hours of operation would alter the established costs. He stated that he would have to go back to Desert Recreation District, if the Council gave direction, for any changes to the proposed hours. He also stated that many of these questions cannot be answered until after the first year of use. The cost to the school district is a fixed amount, but the remaining amount is the unknown. He stated that safety equipment would need to be purchased. Councilmember Rita Lamb stated that this is a wonderful program and she will do what she can to get the word out. Councilmember Raymond Gregory stated that weekly reports on the program should give a picture of what we can expect fiscally. He feels the program is a great opportunity and necessary. He supports moving forward. He also supports a lower cap on costs based on the estimates but is satisfied if they do regular accounting. Charles McClendon, City Manager explained that the City Council could authorize two different amounts, one for the Budget and a different not to exceed Cathedral City Page 3 Printed on 1/02/2020 amount in the agreement. He also stated that doing regular reviews should not be a problem. It was the consensus of the City Council to direct staff to bring back an agreement with the Palm Springs Unified School District with a fixed cost and agreement with Desert Recreation District with a contingency added based upon the hours that were proposed to the January 22, 2020 City Council Meeting for consideration. The City Council recessed to Closed Session at 5:40 pm. The City Council reconvened at 6:30 pm. Eric Vail, City Attorney, announced that the City Council met in Closed Session to discuss item 18. Conference with Labor Negotiator and AFSCME, CCPOA, CCPMA, CCPFA and CCFMA, there was no reportable action taken. ADJOURN Mayor Mark Carnevale adjourned the Study Session meeting at 6:30 pm. to' , ity of ithedral City City Cler !City of Cathedral v Cathedral City Page 4 Printed on 1/02/2020 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, December 11, 2019 6:30 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • CALL TO ORDER The meeting was called to order at 6:30 PM by Mayor Mark Carnevale. • PLEDGE OF ALLEGIANCE Councilmember Raymond Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Ernesto Gutierrez offered the Invocation. • ROLL CALL Attendee Name Title Status Arrived Mark Carnevale Mayor Present 6:30 PM John Aguilar Mayor Pro Tem Present 6:30 PM Raymond Gregory Councilmember Present 6:30 PM Ernesto Gutierrez Councilmember Present 6:30 PM Rita Lamb Councilmember Present 6:30 PM • AGENDA FINALIZATION Mayor Carnevale thanked his wife for all her support and his son for running the family business while he tended to City business. He thanked his fellow Council Members and Staff for all their support and help during his term as Mayor. He expressed his gratitude for the staff members that always answered his phone calls even on weekends and holidays. He stated that he will continue to make decisions for the good of the City as he continues to serve on the City Council. He feels Cathedral City is going to have a great future ahead of them with John Aguilar as Mayor and Raymond Gregory as Mayor Pro Tem. He thanked Fire Chief Wilson and Police Chief Yoakum for all that they do. He also thanked his friends and everyone for being there. • MAYOR AND MAYOR PRO TEM APPOINTMENT/OATH OF OFFICE A. Appointment of Mayor and Mayor Pro Tern Recommendation: To appoint, in accordance with Section 2.04.180 of the Municipal Code, John Aguilar to serve as Mayor for a one year term through the first Council meeting in December 2020; and to appoint Raymond Gregory to serve as Mayor Pro Tem for the same term. A motion was made by Councilmember Gutierrez and seconded by Councilmember Lamb to appoint, in accordance with Section 2.04.180 of the Municipal Code, John Aguilar to serve as Mayor for a one year term through the first Council meeting in December 2020; and to appoint Raymond Gregory to serve as Mayor Pro Tem for the same term. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb • SWEAR-IN APPOINTED MAYOR AND MAYOR PRO TEM City Clerk, Tracey Martinez, swore in John Aguilar as the newly appointed Mayor and Raymond Gregory as the newly appointed Mayor Pro Tem. • 10 MINUTE RECESS The City Council recessed at 6:43 pm. The City Council reconvened at 6:53 pm. Mayor John Aguilar thanked Councilmember Mark Carnevale for the incredible job he did as Mayor this past year, leading the Council through some difficult circumstances while achieving many mile stones. He looks forward to continuing to work with Mark and the rest of the Council in this next year. He is excited about the upcoming year and feels lucky to have such incredible staff and all of their support. He gave a special thanks to his husband Bruce for being his constant support for 25 years. He thanked his many close friends for their support and advice. He also thanked former Mayor Stan Henry and wife Julie for what they have done and continue to do for the community and for their support. He thanked many others in attendance, including his childhood friend Kris and his Mother-in-law Joan, who is an amazing woman. Mayor John Aguilar gave a special presentation of recognition for former Mayor Mark Carnevale and Mrs. Carnevale. Antonio Lopez and Richard Altman, Cathedral City Gay Business Association, presented an award of appreciation to former Mayor Mark Carnevale and Cathedral City Page 2 Printed on 1/02/2020 Mrs. Carnevale in recognition of their support to the Cathedral City Gay Business Association. Fire Chief Paul Wilson presented a gift of appreciation to former Mayor Mark Carnevale on behalf of the Cathedral City Fire Department. Councilmember Ernesto Gutierrez thanked Councilmember Mark Carnevale for stepping up to the plate in a minute's notice and doing an amazing job. He congratulated Mayor John Aguilar and stated that he has his support. Councilmember Rita Lamb congratulated Mayor John Aguilar and thanked him for the support and welcome he gave her when she joined the City Council. His leadership is inspiring and she is proud to represent Cathedral City and to work with everyone. Mayor Pro Tern Raymond Gregory stated that former Mayor Mark Carnevale was able to work through a difficult time and rise above to become a great Mayor this past year. He appreciates his leadership and is proud to serve with him. He looks forward to continuing to serve with Mayor John Aguilar. He feels Mayor Aguilar's passion and experience through the years translates to good things for Cathedral City. He stated that he feels honored and thanked everyone, pledging to continue to work for them. Councilmember Mark Carnevale feels at home and congratulated Mayor John Aguilar and Mayor Pro Tern Raymond Gregory. • STATEMENT OF PARTICIPATION BY THE CITY CLERK 1. PUBLIC COMMENT Teri Hargreaves, Cathedral City resident, was called to speak. She congratulated Mayor Aguilar and Mayor Pro Tern Gregory on their appointments. She stated that Grandma Al, that lives on Candy Cane Lane, was unable to decorate her home this year due to medical issues. The Cathedral City Fire Department helped put up her Christmas decorations, which is a wonderful thing. She thanked them and expressed her appreciation. She wished everyone happy holidays. Kathleen DeRosa, Cathedral City resident, was called to speak. She congratulated Mayor Aguilar and Mayor Pro Tern Gregory on their appointments and welcomed them to their new roles. She wanted to publicly recognize and thank Mark Carnevale for his work as Mayor during the last year and feels he brought class and dignity back to the City. She feels this City Council is cohesive with the best interests of the City at heart and wished them well. Beverly Greer, Neuro Vitality Center, was called to speak. She announced that they are now licensed by the State for full adult care and as of the new year they will be accepting new patients with memory problems. Judy Norman, La Quinta resident, was called to speak. She spoke about the Salton Sea and thanked the City Council for their support of ocean water import. She asked Cathedral City Page 3 Printed on 1/02/2020 that the City Council send letters in support of the emergency declaration to make funding available for the Salton Sea issued by Imperial County. David Boughner, Cathedral City resident, was called to speak. He stated that he is a swimmer and is supportive of the City utilizing the Cathedral City High School pool for public use. He stated that this is a step in the right direction and would like to see the pool utilized year around. Jens Mueller, Cathedral City resident, was called to speak. He stated that Mark Carnevale did the City proud. He spoke about short-term vacation rentals and urged the City Council to follow the Palm Desert model and phase them out. Doug Evans, Cathedral City resident, was called to speak. He thanked former Mayor Mark Carnevale for doing a great job and he is confident that the City has a great Council. He discussed neighborhoods and the problems with short-term vacation rentals. 2. COUNCIL REPORTS Councilmember Rita Lamb stated that she appreciates the sense of community that has been mentioned tonight. She reported that she attended the Boys and Girls Club Gala Fundraiser, toured the Museum of Ancient Wonders, the Cathedral City High School D.A.T.A. Demonstration Day and the Date Palm Country Club Golf Cart Parade. She also attended two Desert Community Energy meetings and looks forward to attending the Snowfest event and the Emily West concert. Councilmember Ernesto Gutierrez reported that he attended a CVAG committee meeting where recycling and waste management were the topic of discussion. He also attended the CVEP meeting where they gave an economic update. He had a meeting with representatives from T-Mobile where they provided information on their 5G network. He attended the Palm Springs Convention and Vistors Bureau meeting, The Boys and Girls Club Gala Fundraiser, Date Palm Country Club Golf Cart Parade, and met with City Manager Charles McClendon to go over the Agenda. He also met with residents who have issues to discuss. He announced that North Gate Church will be having a Christmas concert with singers from Cathedral City High School on December 14, 2019 at 4:00 pm and everyone is invited. Councilmember Mark Carnevale reported that he attended the CVAG Homeless committee meeting where a two-million-dollar contract was awarded to Path of life Ministry, despite his efforts to vote it down. He also attended the CVAG Executive Committee meeting where they agreed to try and get the Coachella Valley Rescue Mission and Martha's Kitchen to team up to provide solutions for homelessness issues in the Valley. He also reported that he attended the Date Palm Country Club Golf Cart Parade. Mayor Pro Tem Raymond Gregory reported that he attended the Pasta Suprema fundraiser at the Senior Center and many other events including the Cathedral City Fire Department small event at Panorama Park, CVAG committee meetings, Tuesday night bike ride, the Transgender Day of Remembrance and the Northgate church where he spoke with Girl Scouts about city government. He also attended the Balloon Festival, which was a great event. He also reported that he attended the Cathedral City Page 4 Printed on 1/02/2020 Riverside County Transportation Committee twice since the last meeting and a City Hall at your corner. He announced the next Movies in the Park event will be held on December 28, 2019 at 7:00 pm at Panorama Park. He attended the annual Boys and Girls Club Gala Fundraiser, SunLine Transit Agency meeting, the Palm Springs Convention and Vistors Bureau Annual Ball, the Palm Springs Motors Bike giveaway and the Bluelight Ceremony in La Quinta. He reminded everyone that the Snowfest event is coming up this weekend. He thanked the Fire Department for putting up Christmas decorations for Grandma Al on Candy Cane Lane. Mayor John Aguilar attended many of the same events mentioned by members of the City Council. He announced the Daughters of the American Revolution will be hosting their Wreaths Across America event at Desert Memorial Park on December 14, 2019 at noon. He also announced that Rabbi Kreimann is hosting the Boomers Potluck & Hanukkah Party on Monday, December 23, 2019 at 6:00 pm. 3. CONSENT AGENDA A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tem Gregory to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Raymond Gregory, Mayor Pro Tern AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb A. Minutes Approval M.O. 2019-152 1. City Council - Study Session - Nov 13, 2019 3:00 PM 2. City Council - Regular Meeting - Nov 13, 2019 6:30 PM B. Receive and file Payment of Claims and Demands for November 2019 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency, the Housing Successor Agency, and the Cathedral City Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of$5,849,829 for the month of November 2019. M.O. 2019-153 C. California Government Code Section 50075 Report, Community Facilities District (CFD) 2006-1) Recommendation: To accept the FY 18/19 California Government Code Section 50075 report for CFD 2006-1 revenues and expenditures. M.O. 2019-154 D. Council Appointments to Various Local Agencies for 2020 Recommendation: Staff recommends the City Council review the list of Local Cathedral City Page 5 Printed on 1/02/2020 Agency Assignments and make the appointments. M.O. 2019-155 E. 1902 pulled from Consent F. Purchase of a Replacement 2020 Ford Pick-up for the Fire Department Recommendation: To authorize staff to purchase one 2020 Ford F250 pick-up, including sales tax and delivery, from Palm Springs Ford for a total cost of$35,369.40 M.O. 2019-157 G. Grant of Easements to SCE on City-Owned Park Lots in the Rio Vista (Verano) Development Recommendation: To approve Grants of Easement to Southern California Edison (SCE) for utility easements on City-owned park Lots 271, 272, 287 and 288 of Tract 28639-1, in the Rio Vista (Verano) development; and, authorize the City Manager to execute the Grants of Easement on behalf of the City. M.O. 2019-158 H. Resolutions Certifying the Completion of Private Improvements in Tracts 34322-1 and 34322 Recommendation: To approve Resolutions certifying the completion of private improvements within Tract 34322-1 and Tract 34322, each; and, authorize the release of Improvement Agreement securities and deposits as described in the Resolutions; and, authorize the Director of Engineering/Public Works to file Notices of Completion on each Tract. Reso 2019-42 Reso 2019-43 I. Resolution Accepting an Offer of Dedication for Public Street Purposes of a Portion of Lot "P" of Palm Springs Country Club Estates, for the North Side of Ramon Road, East of San Luis Rey. Recommendation: To approve a Resolution accepting the offer of dedication for public street purposes of a portion of Lot "P" as shown on the map of Palm Springs Country Club Estates, for a portion of the north side of Ramon Road, east of San Luis Rey. Reso 2019-44 J. Resolution of Intention to Vacate certain streets, alleys, easements and reserved utility easements in the area north of East Palm Canyon Drive, west of Date Palm Drive, east of Monty hall Avenue and south of Buddy Rogers Avenue. Vacation No. 2019-01. Recommendation: To adopt a Resolution declaring the City's intention to vacate all or portions of Hillery Road (formerly First Street) and Grove Street, between Monty Hall Drive and Allen Avenue; a public alley between Hillery Road and Grove Street; two Cathedral City Page 6 Printed on 1/02/2020 sidewalk easements on the north side of Grove Street; and, various utility easements reserved from the previous vacation of other portions of Hillery Road, Grove Street, Dawes Street, Allen Avenue, and public alleys, and easements for street and highway purposes, all as described in City Council Resolutions No. 2015-49-A and No. 2017- 11-A, both recorded on August 10, 2017, as instruments No. 2017-0330780 and 0330781, in Official Records, all located in the northwest quadrant of Date Palm Drive and East Palm Canyon Drive, east of Monty Hall Drive and south of Buddy Rogers Avenue. Reso 2019-45 K. Contract Award to CASC Engineering and Consulting, Inc. for NPDES Program Consulting Services Recommendation: To award a two-year, on-call contract to CASC Engineering and Consulting, Inc. for National Pollutant Discharge Elimination System (NPDES) Program Consulting Services; and, authorize the City Manager to execute the contact documents; and, authorize the Director of Engineering/Public Works to issue Task Orders as needed to complete the NPDES Program requirements within existing FY 2020-21 budget limits. M.O. 2019-159 L. Second Reading of Temporary Cannabis Event Ordinance Recommendation: To provide second reading and adopt an Ordinance amending Section 5.88.035 of the Cathedral City Municipal Code related to temporary cannabis events. Ord 829 M. American Forensic Nurses Agreement Approval Recommendation: To enter into an agreement with American Forensic Nurses for on-call nursing services and authorize the City Manager to execute the agreement documents. M.O. 2019-160 N. Expenditure Plan for the Supplemental Law Enforcement Services Account (SLESA) for FY 2018-2019 Recommendation: To approve the recommended Expenditure Plan appropriating a portion of the Supplemental Law Enforcement Service Account (SLESA)for FY 2018-2019 M.O. 2019-161 O. Police Chief Recruitment Recommendation: To authorize a Budget Amendment in the amount of$25,000 for executive recruitment for a Police Chief. M.O. 2019-162 Cathedral City Page 7 Printed on 1/02/2020 4. ITEMS PULLED FROM CONSENT 3E. STVR Data Analytics Services Recommendation: To ratify the award of a contract to Deckard Technologies for STVR data analytics services and authorize the required budget amendment in the amount of$14,000. Henry Bagumyan, Los Angeles resident and Cathedral City short-term vacation rental owner, was called to speak. He stated that Cathedral City has been a second home to him. He decided to buy a home here so that he could visit when he wanted and as a business opportunity. He has been in compliance with the City codes and gets along with his neighbors. He suggested the City interview applicants to see what their intentions are. He provided the City Council with before and after pictures of his property. He questioned how he can help resolve the problems and move the process forward. M.O. 2019-156 A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to ratify the award of a contract to Deckard Technologies for STVR data analytics services and authorize the required budget amendment in the amount of$14,000. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb 5. PUBLIC HEARINGS A. Second Amendment to the 2017 Tax Sharing Agreement with Palm Springs Motors, Inc. Recommendation: To hold a public hearing; approve a Resolution approving a second revised tax sharing report for Palm Springs Motors; and authorize the City Manager and City Attorney to negotiate and prepare, and authorize the City Manager to execute, a second amendment to the tax sharing agreement with Palm Springs Motors, Inc., consistent with the terms set forth in the Resolution. Stone James, Economic Development Director, presented an overview of the second amendment to the 2017 Tax Sharing Agreement with Palm Springs Motors, Inc. He introduced Greg Olsen, Attorney representing Palm Springs Motors. Greg Olsen, Attorney representing Palm Springs Motors, was called to speak. He offered to answer any questions from the City Council. Mayor John Aguilar opened the Public Hearing for comments from the public, there being none, he closed the Public Hearing. Cathedral City Page 8 Printed on 1/02/2020 Mayor Pro Tem Raymond Gregory thanked Stone James, Economic Development Director, for the work that he put into this agreement and Palm Springs Motors for working with Staff to make this happen. Reso 2019-46 M.O. 2019-163 A motion was made by Mayor Pro Tern Gregory and seconded by Councilmember Gutierrez to approve a Resolution approving a second revised tax sharing report for Palm Springs Motors, to authorize the City Manager and City Attorney to negotiate and prepare a second amendment to the tax sharing agreement with Palm Springs Motors, Inc. consistent with the terms set forth in the Resolution, and authorize the City Manager to execute the agreement. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tern SECONDER: Ernesto Gutierrez, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb B. De novo review of Conditional Use Permit No. 19-008 issued by the Cathedral City Planning Commission. Recommendation: It is requested that the Mayor and City Council Members conduct a public hearing to consider a de novo review of Planning Commission approval of Conditional Use Permit No. 19-008 to allow a Congregate Living Health Facility for up to 12 beds within an existing single family residential dwelling in the R1 Zoning District. Eric Vail, City Attorney, presented the City Council with the following information on Congregate Living Health Facilities (CLHF): • What a Congregate Living Health Facility is. • State Comprehensive Licensing System • State Law Standards for CLHF Licensing • State Law Preemption/Limitation on Local Regulation of CLHFs Councilmember Ernesto Gutierrez confirmed that if a CLHF wants to change from a 6-bed to a 12-bed facility it would require a Conditional Use Permit (CUP). He also inquired if the City can impose requirements for room size dimensions. City Attorney Vail responded that a CLHF would require a CUP to change from a 6-bed to a 12-bed facility. He also responded that the City can impose requirements to the extent of the standards that are imposed on single family dwellings. He advised the Council that they should try and act within the limits and standards allowed by State law. Councilmember Rita Lamb confirmed that this facility is currently an existing 6- bed facility. She also questioned if the State verifies that the facility meets State requirements before or after City Council makes their decisions and what the Cathedral City Page 9 Printed on 1/02/2020 process is if the facility does not meet the State's requirements. City Attorney Vail responded that the Facility is currently licensed as a 6-bed facility. He explained the process of when the State verifies that the facility meets the State requirements and the subsequent steps if it does not meet those requirements. Councilmember Ernesto Gutierrez inquired on the purpose of having a CUP. City Attorney Vail responded that a CUP is what the City is allowed to require in order to have some regulations. Mayor John Aguilar inquired whether the presentation provided by the City Attorney was also presented to the Planning Commission. Brenda Ramirez, Associate Planner, responded that the City Attorney's presentation was not presented to the Planning Commission. She presented the Staff's review of Conditional Use Permit No. 19-008, which was presented to the Planning Commission and covered the following: • Conditional Use Permit • City's Evaluation of Project • Project Proposal • Project Location/Existing Site • State Requirements/Site Visit • Facility Details • R1 Zoning Ordinance/Compliance Requirements Needed • Staff's Recommendation Councilmember Ernesto Gutierrez asked for further clarification on the purpose of having CUPs. He also inquired if the owners of the facility will hire employees and if the City is allowing these facilities to operate as a business in residential areas. Robert Rodriguez, Planning Director, responded that the conditional use permit process allows the City to review and apply any conditions to mitigate any concerns the City has. He stated that the applicants are owner/operators and will hire employees which is required by law. City Attorney Vail responded that under State Law CLHFs are considered single family homes, and the law is specific to only CLHFs. Councilmember Ernesto Gutierrez stated that he feels there is not sufficient room or privacy for the residents in the facility. He feels there are a few issues that need to be worked out. Robert Rodriguez clarified the requirements for bedroom dimensions. Brenda Ramirez stated that there are no patients currently in the facility and the facility has been licensed for over six months. Cathedral City Page 10 Printed on 1/02/2020 Councilmember Mark Carnevale inquired if the facility meets all the State's and City's regulations. He also inquired about parking, kitchen specifications and accommodations for staff. Brenda Ramirez responded that facility has met both State and City requirements. She gave an overview of the kitchen, food preparation and the staff accommodations. Mayor John Aguilar opened the Public Hearing. Levon Akhsharumov, Applicant, was called to speak. He offered to answer any questions that the City Council may have. Councilmember Ernesto Gutierrez inquired about the number of employees that will staff the facility. Mr. Akhsharumov responded that there will be 3 employees on duty per 8-hour shift and other staff will be on duty as needed. Councilmember Mark Carnevale questioned if there will be any commercial deliveries or if everything will be done by employees. Mr. Akhsharumov responded that everything will be done in house by employees. Mayor Pro Tern Raymond Gregory questioned if the owner plans to landscape the property as required by the City. Mr. Akhsharumov gave a brief overview of the plan to landscape as outlined on the presented drawing. Susan Cubine, Cathedral City resident, was called to speak. She lives next door to the facility and feels that hazardous waste will be generated from this facility. which she feels needs to be addressed. She also feels that 12 beds will be pushing the limits. She expressed her concern with the size of the bedrooms on the property. Krystal Franz-Wilson, Cathedral City resident, was called to speak. She expressed her concern with the landscaping of the property and the fact that no one is ever on the property. She is also concerned with who will be hired and who will be the advocate for the patients. Mayor John Aguilar asked if there were any more members of the public that wished to speak, seeing none, he closed the Public Hearing. Mayor Pro Tern Raymond Gregory thanked the City Council and Staff for taking the time to review this CUP. He also thanked the City Attorney for his clarifications. He feels that when an applicant applies for a CUP for a CLHF, it is reasonable for the City to review and determine if the facility qualifies as a CLHF. Cathedral City Page 11 Printed on 1/02/2020 He feels many of the concerns of the residents have to do with the quality of the facility. He stated that the facility appears to qualify through the State as a CLHF and the City Council does not have the ability to limit that. He questioned if it is appropriate for the City Council to pass along their concerns to the other licensing agencies. City Attorney Vail responded that State law does not hinder the Council's ability to express their concerns and the City Council can send letters of concern to the appropriate agencies. He reaffirmed the applicant must provide the City a copy of their State license prior to occupancy. If the applicant should fail to do so, the City has the authority to revoke the CUP or pursue other code enforcement activities. He stated that section 1.6 condition of approval will require that the applicant be able to be served appropriately by all utilities, including Burtec for waste disposal. If the City were to find that there is an accumulation of hazardous or toxic waste the City would have available their Code Enforcement mechanisms. Councilmember Rita Lamb expressed her concerns with the size of the facility and feels a 6-bed facility is appropriate. Councilmember Ernesto Gutierrez questioned if the City Council can approve less than 12-beds. City Attorney Vail responded that the City Council will have to approve or deny the existing CUP which is for 12-beds. M.O. 2019-164 A motion was made by Mayor Pro Tern Gregory and seconded by Councilmember Carnevale to approve the issuance of Conditional Use Permit No. 19-008 to allow a Congregate Living Health Facility for up to 12 beds within an existing single-family residential dwelling in the R1 Zoning District; and direct Staff to send letters to the licensing agencies, regarding the following concerns: • size of bedrooms and common areas • access to restrooms • preparation of food and food storage RESULT: APPROVED [3 TO 2] MOVER: Raymond Gregory, Mayor Pro Tern SECONDER: Mark Carnevale, Councilmember AYES: Mark Carnevale, John Aguilar, Raymond Gregory NAYS: Ernesto Gutierrez, Rita Lamb Cathedral City Page 12 Printed on 1/02/2020 C. CFD 2006-1, IA#12, Formation, Election and Ordinance Public Hearing Recommendation: For City Council to: 1) Hold a Public Hearing on the (a) formation of Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and General Maintenance Services), and (b) levy of special taxes. 2) Adopt the following resolutions: (a) Resolution determining the validity of prior proceedings and establishing the Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and General Maintenance Services). (b) Resolution calling a special election within Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and General Maintenance Services). 3) Hold Election. 4) Adopt the Resolution canvassing the results of the election held within Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and General Maintenance Services). 5) Conduct First Reading of the Ordinance authorizing the levy of a special tax within Improvement Area No.12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic and General Maintenance Services). Mayor John Aguilar opened the Public Hearing on the formation of Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance Services), and levy of special taxes. Tracey Martinez, City Clerk, stated that the Notice of Public Hearing has been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication is on file in the City Clerk's office. Tami Scott, Director of Administrative Services, presented the following information: • Community Facilities District 2006-1 • FIR-Scope & Methodology • Process to Form Improvement Zone within District • Improvement Zones Annexed Cathedral City Page 13 Printed on 1/02/2020 Mayor John Aguilar asked if there are any oral protests or comments from the public. Councilmember Ernesto Gutierrez inquired if there is a sunset clause for the Community Facilities District. Tami Scott responded that there is no sunset. Councilmember Rita Lamb requested clarification on the levy of special tax and Mello-Roos. Tami Scott gave an overview of the levy of special tax and Mello-Roos. Mayor Pro Tem Raymond Gregory requested clarification on what areas qualify for this type of district. Tami Scott gave an overview of the qualifications. Mayor John Aguilar stated that if there are any homeowners subject to the proposed special tax wishing to file a written protest shall file with the City Clerks. Seeing none, he closed the Public Hearing. A motion was made by Councilmember Gutierrez and seconded by Mayor Pro Tern Gregory to adopt a Resolution of the City Council of the City of Cathedral City determining the validity of prior proceedings, establishing Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance Services). Reso 2019-47 RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Raymond Gregory, Mayor Pro Tern AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tern Gregory to adopt a Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance Services) calling a special election. Reso 2019-48 Cathedral City Page 14 Printed on 1/02/2020 RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Raymond Gregory, Mayor Pro Tern AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb City Clerk Martinez tabulated the votes and indicated 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 Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to adopt a Resolution of the City Council of the City of Cathedral City acting on behalf of Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance Services) canvassing the results of the special election held within said District. Reso 2019-49 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tern SECONDER: Mark Carnevale, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb A motion was made by Councilmember Carnevale and seconded by Councilmember Lamb to approve the first reading 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, Park and General Maintenance Services) of the City of Cathedral City authorizing the levy of special tax within said District. M.O. 2019-165 RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb D. Introduction and First Reading of an Ordinance Amending the City Subdivision Ordinance Recommendation: To hold a public hearing; introduce and provide first reading by title only; and waive further reading of an ordinance amending Riverside County Land Division Ordinance 460, adopted by reference by City Ordinance 12, to add new sections relating to the amendment of recorded final maps and parcel maps, and the use of lien contracts as subdivision improvement security. Paul Mangaudis, Senior Engineer, gave an overview of a proposed Ordinance amending the City Subdivision Ordinance and staff recommendation. Cathedral City Page 15 Printed on 1/02/2020 Mayor John Aguilar opened the Public Hearing for public comment, there being none, he closed the Public Hearing and returned discussion to the City Council. M.O. 2019-166 A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to approve the first reading, by title only, an ordinance amending Riverside County Land Division Ordinance 460, adopted by reference by City Ordinance 12, to add new sections relating to the amendment of recorded final maps and parcel maps, and the use of lien contracts as subdivision improvement security. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb 6. LEGISLATIVE ACTIONS A. Appointment to Public Arts Commission Recommendation: To make an appointment to the Public Arts Commission to fill one vacant seat on the Commission with a term continuing to June 30, 2020. M.O. 2019-167 A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tem Gregory to appoint Nancy Ross to the Public Arts Commission to fill one vacant seat on the Commission with a term continuing to June 30, 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Raymond Gregory, Mayor Pro Tern AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb B. Contract for Services - Cathedral City Community Amphitheater Concession Stand Recommendation: To approve a contract for services with Kick Back Cinemas Cathedral City LLC to manage and operate the Cathedral City Community Amphitheater concession stand as a pilot program for one year. Christopher Parman, Community and Events Manager gave an overview of the proposed contract for services with Kick Back Cinemas Cathedral City to manage and operate the Cathedral City Community Amphitheater concession stand as a pilot program for one year. Councilmember Mark Carnevale requested clarification on the rights of other vendors to sell beverages and the menu that is exclusive in this contract. He also Cathedral City Page 16 Printed on 1/02/2020 questioned whether or not private events would have the ability to use outside catering. Christopher Parman explained the exclusive rights as outline in the contract. He clarified that fountain or bottled soda, bottled drinks, and bottled water are an exception in the contract. He also clarified that outside catering is allowed for private events. Eric Vail, City Attorney responded that if it is the intent of the City Council to exclude private events from the exclusive rights of Kick Back Cinemas in the contract, there needs to be language added for clarification. Mayor John Aguilar concurred with the City Attorney. Mayor Pro Tem Raymond Gregory also concurred with the City Attorney. He also suggested that language be added to allow outside vendors to come in if Kick Back Cinemas declines to open the concessions due to low attendance. Ted Hane, Mary Pickford Theaters, stated that their intention is to open the concession as much as possible. He indicated that they would agree to allow other vendors to come in if they decline to. M.O. 2019-168 A motion was made by Councilmember Gutierrez and seconded by Councilmember Carnevale to approve a contract for services with Kick Back Cinemas Cathedral City LLC to manage and operate the Cathedral City Community Amphitheater concession stand as a pilot program for one-year subject to the clarifications and amendments discussed by the City Council. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb C. Contract Award to Hardy & Harper, Inc. for the Phase 6 Pavement Management Program Recommendation: To award a contract to Hardy & Harper in the amount of $1,720,000 for the Pavement Management Program (PMP), Phase 6; and, approve a fifteen percent (15%) contingency in the amount of $258,000 for any unforeseeable construction costs; and, approve $90,000 for design, survey, inspection and material testing; thereby, making the total encumbrance for this Project $2,068,000; and, authorize the Director of Engineering/Public Works to issue the Notice of Proceed and request bonds and insurance for the project; and, authorize the City Manager to execute the contract documents. Vince Lopez, Senior Analyst, gave an overview of the Phase 6 Pavement Cathedral City Page 17 Printed on 1/02/2020 Management Program and the proposed contract with Hardy & Harper, Inc. City Attorney Eric Vail indicated that the question came up related to conflict of interest with regard to projects that are in the area of a Councilmember's home or property that are being considered for approval. He stated that there are two very specific regulations from the Fair Political Practices Commission that deal with this type of situation. The first is if there is a new service going in like a brand-new road or improved road or intersection, the Councilmember only has a conflict of interest if their property will benefit in some way different than anyone else in the project area. The second one is with paving projects, there is an express exception in the rules that say anything that is a street repair, street maintenance or street replacement is deemed not to create any type of conflict of interest. As these types of projects come before the Council in the future for consideration there will be no conflict of interest for the Council when voting on them. M.O. 2019-169 A motion was made by Councilmember Gutierrez and seconded by Councilmember Lamb to award a contract to Hardy & Harper in the amount of $1,720,000 for the Pavement Management Program (PMP), Phase 6, approve a fifteen percent (15%) contingency in the amount of $258,000 for any unforeseeable construction costs, approve $90,000 for design, survey, inspection and material testing; for a total encumbrance of $2,068,000, authorize the Director of Engineering/Public Works to issue the Notice of Proceed and request bonds and insurance for the project and authorize the City Manager to execute the contract documents. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb D. Approval of CVAG Cooperative Reimbursement Agreement for ATP Projects' Design Services Recommendation: To approve a Coachella Valley Association of Governments (CVAG) Cooperative Reimbursement Agreement for Professional Design Services for five (5) Active Transportation Program (ATP) Projects; and, authorize the City Manager to execute the Agreement; and, approve a General Fund Budget Amendment in the not to exceed amount of $240,270.00 to the Engineering 100-156-8601- 0000 Professional and Technical Service Fund to fund the Agreement obligations. Paul Mangaudis, Senior Engineer, gave an overview of the proposed Coachella Valley Association of Governments (CVAG) Cooperative Reimbursement Agreement for Professional Design Services for Active Transportation Program Projects. Cathedral City Page 18 Printed on 1/02/2020 Tami Scott, Director of Administrative Services, gave an overview of the financial analysis for the proposed General Fund Budget Amendments. Mayor Pro Tem Raymond Gregory stated that this is a great example of investing in our City and it will continue to make Cathedral City one of the best cities in the Valley. M.O. 2019-170 A motion was made by Councilmember Gutierrez and seconded by Mayor Pro Tem Gregory to approve the a Coachella Valley Association of Governments (CVAG) Cooperative Reimbursement Agreement for Professional Design Services for five (5) Active Transportation Program (ATP) Projects, authorize the City Manager to execute the Agreement, and approve a General Fund Budget Amendment in the not to exceed amount of$240,270.00 to the Engineering 100- 156-8601-0000 Professional and Technical Service Fund to fund the Agreement obligations. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Raymond Gregory, Mayor Pro Tern AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb E. Cathedral City Community Amphitheater Fee Schedule and Hours Recommendation: To approve a resolution setting the fee schedule and hours of operation for the Cathedral City Community Amphitheater. Christopher Parman, Community and Events Manager gave an overview on the Resolution setting the fee schedule and hours of operation for the Cathedral City Community Amphitheater. Councilmember Ernesto Gutierrez questioned if Rancho Mirage leases their amphitheater out to third party events. He also questioned if these fees can be adjusted in the future. Mr. Parman responded that the City of Rancho Mirage only allows City events in their amphitheater. He also stated that the City Council has the ability to adjust the fees at any time. Reso 2019-50 A motion was made by Councilmember Gutierrez and seconded by Mayor Pro Tern Gregory to approve a resolution setting the fee schedule and hours of operation for the Cathedral City Community Amphitheater. Cathedral City Page 19 Printed on 1/02/2020 RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Raymond Gregory, Mayor Pro Tern AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb F. Hall of Flowers Trade Show Special Use Permit Recommendation: To approve Special Use Permit#19-025 with the attached conditions of approval; and conditioned upon the adoption of the Ordinance allowing temporary cannabis events with a Special Use Permit; and with an effective date corresponding to the Ordinance becoming effective. Stone James, Economic Development Director, gave an overview of the Hall of Flowers Trade Show Special Use Permit No. 19-025. Mayor Pro Tem Raymond Gregory inquired if alcohol will be sold during this event. He also inquired if the Restaurant Casa Blanca will be selling alcohol. Mr. James responded that there is no alcohol allowed in the event and that Casa Blanca Restaurant is outside the event boundary. Mayor John Aguilar inquired how the issue of odor will be addressed and if there will be staff onsite to address any issues or complaints. Daniel Diamantstein, Applicant, was called to speak. He stated that odor issues that exist in cultivation should not be a factor at this event. He stated that OMI Industries will be doing odor abatement. Brian McLaughlin, OMI Industries Inc, was called to speak. He gave the background of the company and an overview of the plan to do odor abatement at the proposed event using a 1200 CFM Vapor Phase Unit. He stated that there will be staff onsite should issues arise and that wind will not be a factor. Councilmember Ernesto Gutierrez questioned if local contractors will have the opportunity to do some work for the event. He also questioned if they will you give local construction companies the opportunity to bid on supplying some of the materials for the event. Mr. Diamantstein responded that he owns or rents the materials needed for the event. He stated that it is a common practice in the industry to work with the local unions for construction needs. He stated that they are not allowing any alcohol into the event and attendees will not be allowed to bring any alcohol back in from the Casa Blanca Restaurant. M.O. 2019-171 A motion was made by Councilmember Carnevale and seconded by Councilmember Lamb to approve Special Use Permit #19-025 with conditions outlined in the staff report and upon the adoption of the ordinance allowing Cathedral City Page 20 Printed on 1/02/2020 temporary cannabis events with a special use permit with the effective date corresponding to the ordinance becoming effective. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Carnevale, Aguilar, Gregory, Gutierrez, Lamb 7. CLOSED SESSION The City Council met in Closed Session during the Study Session portion of the meeting and will be reflected in the Study Session minutes of December 11, 2019. A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: AFSCME - The American Federation of State, County and Municipal Employees CCPOA - Cathedral City Police Officers Association CCPMA - Cathedral City Police Management Association CCPFA - Cathedral City Firefighters Association CCFMA - Cathedral City Fire Management Association B. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: Three ADJOURN Mayor John Aguilar adjourned the Regular Meeting of December 11, 2019, at 10:45 PM. q , ,n,_ ,,___ ,_,„ ,,,,,, ,,,_.,.._,,.... . , . _ .. .AA/ 7 Ma or, City of Cashedral City City Clerk, t ity of I athedrai City i Cathedral City Page 21 Printed on 1/02/2020