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HomeMy WebLinkAboutCC Minutes 2020-02-26 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, February 26, 2020 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 John Aguilar. • ROLL CALL Attendee Name Title Status Arrived John Aguilar Mayor Present 4:00 PM Raymond Gregory Mayor Pro Tem Present 4:00 PM Mark Carnevale Councilmember Present 4:00 PM Ernesto Gutierrez Councilmember Present 4:00 PM Rita Lamb Councilmember Present 4:00 PM • AGENDA FINALIZATION • 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 recess to 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: One 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 CCPFA - Cathedral City Firefighters Association CCFMA - Cathedral City Fire Management Association C. Public Employee Performance Evaluation Per Government Code Section 54957 (B) Title: City Manager The City Council recessed to Closed Session at 4:01 pm. The City Council reconvened at 4:30 pm. Eric Vail, City Attorney, announced that the City Council did not complete the Closed Session items listed on the agenda. The City Council will return to Closed Session at the end of the Study Session meeting to continue discussions. • STATEMENT OF PARTICIPATION BY THE CITY CLERK 2. PUBLIC COMMENT Diane Gill, Cathedral City resident, was called to speak. She expressed her concern with the cannabis odor while driving on Gerald Ford. She questioned how someone should report odor after hours. 3. STUDY SESSION A. Interview Applicants for the Planning Commission Recommendation: Staff recommends the City Council interview the applicants that have submitted applications for possible appointment to fill one vacant seat on the Planning Commission with a term expiring on June 30, 2020. The following individuals were interviewed for the Planning Commission vacant seat: Shelly Kaplan Kevin Brandt Bruce Haulley Julie Haltman The City Council will consider making an appointment to the Planning Commission during the Regular Meeting of February 26, 2020. B. Presentation - Museum of Ancient Wonders Recommendation: This is a presentation only, there is no action required with this item. Alberto Acosta, Executive Director and Chief Curator, Museum of Ancient Wonders, gave a presentation on the Museum of Ancient Wonders. He stated that the museum offers exhibitions of replicated and genuine treasured artifacts from the world of ancient civilizations and scientifically produced laboratory-cast fossils of important discoveries in the fields of paleontology, paleoanthropology, and archaeology, rarely experienced outside of larger communities. He would like the City of Cathedral City to work in partnership with the museum. Cathedral City Page 2 Printed on 3/05/2020 C. Cannabis Distribution Taxes Recommendation: This item is presented for information, discussion and direction only. Charles McClendon, City Manager, provided an update on a proposed resolution regarding cannabis distribution taxes. He stated that a potential loophole. identified in pervious discussions, would allow some businesses to avoid paying taxes at all in certain circumstances. The recommended solution is a distribution tax policy that would apply the distribution tax exemption only to the distribution of products that were cultivated or manufactured in Cathedral City and were, therefore, already subject to Cathedral City taxes. The distribution of product brought in from elsewhere would not be eligible for the distribution tax exemption. Mayor Pro Tem Raymond Gregory feels that his concerns have been addressed and what Mr. McClendon has presented closes the potential loophole. He is in favor of moving forward. Councilmember Ernesto Gutierrez concurred with Mayor Pro Tem Raymond Gregory. Councilmember Rita Lamb also concurred with Mayor Pro Tern Raymond Gregory. Councilmember Mark Carnevale also concurred with Mayor Pro Tern Raymond Gregory. Mayor John Aguilar questioned if staff is on top of the tax audits. Tauri Scott, Administrative Services Director, responded that the City was current in tax audits and is continuously monitoring the businesses. It was the consensus of the City Council to move forward with staff's recommendation to bring forward a resolution with the clarifying language to the March 11, 2020. City Council meeting. Mayor John Aguilar announced that the City Council will adjourn to Closed Session to continue discussions on the items listed on the agenda. The City Council adjourned to Closed Session at 5:50 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 1A. Conference with Legal Counsel, item 18. Conference with Labor Negotiator and AFSCME, CCPOA, CCPFA, CCFMA, with no reportable action. The City Council will continue discussion on item 1C. Public Employee Performance Evaluation during the Regular Meeting and will be reflected in the Regular minutes of February 26, 2020. ADJOURN Cathedral City Page 3 Printed on 3/05/2020 Mayor John Aguilar adjourned the Study Session meeting at 6:30 pm. Al 1 r,l.e ,r�c ayo ' ity of Ca'edral City City Clerk ity of Cathedra • Cathedral City Page 4 Printed on 3/05/2020 44 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, February 26, 2020 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 John Aguilar. • PLEDGE OF ALLEGIANCE Mayor Pro Tem Raymond Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Ernesto Gutierrez offered the Invocation. • ROLL CALL Attendee Name Title Status Arrived John Aguilar Mayor Present 6:30 PM Raymond Gregory Mayor Pro Tern Present 6:30 PM Mark Carnevale ' Councilmember Present 6:30 PM Ernesto Gutierrez Councilmember Present 6:30 PM Rita Lamb Councilmember Present 6:30 PM Charles McClendon, City Manager, introduced Interim Police Chief George Crum. • AGENDA FINALIZATION • STATEMENT OF PARTICIPATION BY THE CITY CLERK • SPECIAL PRESENTATION - VIC DIERMENDJIAN, STRATEGIC REALTY, INC John Corella, Director of Engineering and Public Works, introduced and thanked Vic Diermendjian of Strategic Realty Inc. Mayor John Aguilar presented a certificate of recognition to Vic Diermendjian for his support of the Public Arts Commission and providing a space for the storage and creation of store fronts for the North Pole Village at Snowfest. 1. PUBLIC COMMENT Jeff Hocker, Hocker Productions, was called to speak. He thanked the City for contracting with his company to manage the Taste of Jalisco event. He presented information on the Taste of Jalisco event. He thanked Interim Police Chief George Crum, Christopher Parman, Kevin Lockwood and Fire Chief Paul Wilson. Kraig Johnson, Assistant Executive Director of Jewish Family services, provided an overview of the services they provide. Sue Townsley, Cathedral City resident, was called to speak. She announced that she is mentoring three DATA students, and introduced each of them. Juliana Garcia and Jonathan Felix-Ochoa were in attendance and told a little bit about themselves. Yasmine Espinoza, Cathedral City resident, was called to speak. She expressed her concern with the recent virus outbreaks and questioned how the City is going to address it. Brad Anderson, Rancho Mirage resident, was called to speak. He spoke about the Desert Community Energy program and expressed his concern with the approval of the Lift to Rise contract. He also expressed his concern with the limitation of the public's speaking rights at agency meetings. 2. COUNCIL REPORTS Councilmember Mark Carnevale reported that he attended the Taste of Jalisco event and the Mary Nutter Tournament. He informed the public that City Manager Charles McClendon is actively researching the Corona Virus and ways to keep the City safe, which he appreciates. Mayor Pro Tern Raymond Gregory reported that he met with various staff members and a few citizens over the last couple of weeks. He attended the Dinner with Patsy fundraiser, where all proceeds benefited the Cathedral City Police Officers Association and food was collected for the Cathedral City Senior Center. He attended the Mary Nutter Tournament where Councilmember Carnevale did a great job of throwing out the first pitch. He also attended the Annual Agnes Pelton Museum Day and encouraged the community to attend in the future. He reported that he attended the Riverside County Transportation Commission Budget and Implementation Committee meeting. He stated that the Commission has compiled a list of the transportation needs for the County, which seems to grow every year, and are looking at a possible sales tax measure in the future to fund some of the needs. He along with Mayor John Aguilar and City Manager Charles McClendon attended the CVAG Transportation Committee Meeting and was able to represent the City at the SunLine Transit Agency board meeting. He announced that the Movies in the Park event was canceled this past weekend due to weather conditions and has been rescheduled for March 14, 2020. He announced that there will be another Movies in the Park event on March 21, 2020. Cathedral City Page 2 Printed on 3/05/2020 Mayor John Aguilar reported that he attended the CVAG Executive Committee meeting where there was discussion on a potential sales tax increase, which can be used for housing projects. He also attended the Mary Nutter Tournament and the new 7-11 grand opening located at Ramon and Date Palm. He announced that on March 7, 2020 from 8:00 to 11:00 the Date Palm Country Club will be having their Citizens on Patrol Annual Breakfast fundraiser to honor first responders. Councilmember Rita Lamb reported that she attended the Coachella Valley Conservation Commission meeting where funding was approved to purchase two properties in Cathedral City to help move the multi species habitat plan forward. She had the opportunity to represent the City in the Riverside County Date Festival President's Day Parade. She was a Judge at the Scrap Gallery for the Bee and Bird Habitat projects. She was also able to attend the Noon rotary, the Planning Commission meeting, and a Chili Cook off event hosted by Sue Townsley. She spoke with Geoff Corbin, Director of the Cathedral City Senior Center, regarding the resources available to the seniors in the community. She also spoke to Vince Lopez, Senior Administrative Analyst, regarding the Community Development Block Grant funding. She reported that she had a resident inquire about the future of the dog park. Councilmember Ernesto Gutierrez welcomed Interim Police Chief George Crum. He reported that he attended the Desert Valley Builders Association's meet and greet where he was able to meet with many developers. He also had the pleasure of attending the Mary Nutter Tournament and watched the Women's Olympic Softball team play. He was amazed to see how many cars parked throughout the city for the tournament. He also attended, along with Commander Luna, the Community Meeting in the Dream Homes neighborhood, which was held at the Agua Caliente Elementary campus. He stated that the turnout was great and he thanked the staff that participated in the event. He hopes to hold another Community Meeting within 6 months or at least annually. 3. CONSENT AGENDA A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Gutierrez to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Ernesto Gutierrez, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb A. Minutes Approval M.O. 2020-30 1. City Council - Study Session - Feb 12, 2020 4:00 PM 2. City Council - Regular Meeting - Feb 12, 2020 6:30 PM B. Resolution Adopting Council Goals for 2020 Cathedral City Page 3 Printed on 3/05/2020 Recommendation: To approve a resolution adopting the City Council goals for 2020. Reso 2020-04 C. Request for Purchase of Chairs for the Police Department Using Equitable Sharing Funds Recommendation: To approve the purchase of 18 new conference room chairs for the Police Department. M.O. 2020-31 D. Budget Amendment for New Personnel and Associated Equipment Recommendation: To approve the necessary budget amendment to cover the costs of adding four new staff positions and necessary equipment for the remainder of the current Fiscal Year (FY19-20) and for the full year in FY 20-21 . M.O. 2020-32 E. Second Reading of an Ordinance Amending the Meeting Procedure for the Public Arts Commission Recommendation: To provide second reading, by title only, and adopt an ordinance amending the meeting procedure for the Public Arts Commission to meet as may be necessary to fulfill its duties. Ord 833 4. ITEMS PULLED FROM CONSENT None 5. PUBLIC HEARINGS A. 2019 Building and Fire Code Adoption Recommendation: Staff recommends the City Council conduct a first reading of an Ordinance which proposes adoption of the 2019 editions of the California Building and Fire Codes with the requisite findings in support of local additions and amendments to the codes. Mayor John Aguilar questioned if the Council has the ability to make amendments to the proposed ordinance. Eric Vail, City Attorney, stated that changes can be made to the ordinance during the first reading only. Councilmember Rita Lamb asked for clarification on section 901.4 subsection b. Fire Chief Paul Wilson explained that a residential single-family home changing use to a board and care facility would be an example of 901.4 subsection b. Albert Jimenez, Chief Building Official, explained that commercially speaking. Cathedral City Page 4 Printed on 3/05/2020 one type of use to another like merchandising use to restaurant use would be another example of section 901.4 subsection b. Councilmember Ernesto Gutierrez questioned what the average wind speeds are in Cathedral City. He also asked for clarification on the County requirements for residential fire-resistant roof products. He feels state and local regulations are raising the price of housing and questioned if we are over regulating. Mr. Jimenez explained that wind speeds have not been measured, however, they have taken the recommendations of the ASCE along with local engineers to determine speeds and applied forces. He also explained that there are many options for fire-resistant roofing products and that the wood shingle type of roofing is not used based on the fire history in California. Fire Chief Paul Wilson explained that the materials and processes for the construction of homes have changed over the years and therefore requirements have evolved with the changes. Councilmember Mark Carnevale asked for clarification on the fire sprinkler percentage requirements on remodels. He also questioned why different size restaurants have different requirements. Mr. Jimenez gave a brief overview on the proposed fire sprinkler requirement trigger to be at 50% rather than the current 35%. Chief Wilson responded that it has to do with the difference in the classification in the fire code and in an effort to be a developmental friendly community. The smaller structures that are more comparable to residential in size should have similar requirements. Mayor Pro Tern Raymond Gregory questioned how fire sprinklers help conserve water. He also asked that Chief give statistics on the injuries and fires caused by safe and sane fireworks. Fire Chief Wilson explained the State code requirements of fire sprinklers for new residential homes and stated that it cannot be amended. He also explained that the piping system in residential structures require less water than commercial buildings. He further explained that the water is stored and released when activated and would need to be turned off manually. He further explained how a fire sprinkler system is designed to put out a fire before it grows, which saves water. He indicated that studies have been conducted by the National Fire Protection Association which shows that less water is used in both residential and commercial buildings if they have sprinkler systems installed. Mr. Jimenez stated that fire sprinkler systems have also been shown to save money on insurance when rebuilding after a fire. He explained the design of the fire sprinkler heads, which are independent of each other, ensuring that only those needed will activate in a fire. Chief Wilson stated that in the 16 years that the City has allowed safe and sane Cathedral City Page 5 Printed on 3/05/2020 fireworks there have not been any significant injuries or major fires related to safe and sane fireworks. Mayor Aguilar opened the Public Hearing for comments. Randy Wiemer, Cathedral City resident, was called to speak. He stated that he is here on behalf of the Palm Springs Regional Associations of Realtors and they concur with the recommended change to eliminate the smoke alarm inspection requirement by City Staff. John Kelly, Vice President of TNT Fireworks, was called to speak. He stated that after reviewing the agenda item, for the record, he is in support of continuing the sale and discharge of safe and sane fireworks in Cathedral City. He indicated that TNT has enjoyed the partnership with the City and would like to continue this relationship. Jorge Polanco, Cathedral City resident, was called to speak. He stated that he is here on behalf of a nonprofit soccer club that used the profits from the sale of safe and sane fireworks go towards scholarships for children that cannot afford to pay to play at the competitive level. Brad Anderson, Rancho Mirage resident, was called to speak. He urged the Council to reconsider banning fireworks in the City. He feels that it should be studied more and there are other avenues that can be taken. Frank Noriega, Pastor of Calvery Christian Center, was called to speak. He stated that the profits from the sale of safe and sane fireworks help fund the programs that they do throughout the year. They are a non-profit and don't have a regular source of income. He would like the Council to reconsider banning fireworks in the City. Alan Carvalho, Cathedral City resident, was called to speak. He feels that public safety and citizen's safety is most important. He feels that there are other ways to get funding for these non-profits. Mayor John Aguilar closed the Public Hearing. Councilmember Ernesto Gutierrez requested clarification on the section in the staff report under findings paragraph 5. Fire Chief Wilson gave an overview of paragraph 5 in the staff report explaining it refers to commercial buildings only and residential buildings do not fall under this category. Councilmember Gutierrez questioned the process for determining which commercial buildings require fire sprinkler systems. Fire Chief Wilson responded that the fire code includes a table that determines the need by use, size and construction type. Cathedral City Page 6 Printed on 3/05/2020 Councilmember Gutierrez asked for clarification on nonconforming buildings. Fire Chief Wilson explained that nonconforming refers to a change in use and provided examples for both residential and commercial buildings. Councilmember Ernesto Gutierrez questioned if covered patios and covered entries counted towards the proposed 50% threshold when remodeling to trigger the requirement of fire sprinklers to be installed. Mr. Jimenez explained it would be determined by the building footprint, which is the size of the building and all enclosed areas of the building. He stated that open patios and entries would not be considered. Mayor Aguilar requested that City Attorney Vail provide the Council with an overview of the process to remove the sale and discharge of safe and sane fireworks from the code. Eric Vail, City Attorney, provided an overview of the City Council's options and the process to remove the sale and discharge of safe and sane fireworks from the fire code and City Ordinance. Mayor Pro Tem Raymond Gregory stated that he is not supportive of an April 13, 2020 effective date but would support an effective date in July 2020. Councilmember Mark Carnevale is in favor of moving forward with the recommendation as proposed and written. Councilmember Rita Lamb supports moving forward with the recommendation as proposed and written. Councilmember Ernesto Gutierrez supports moving forward with the recommendation as proposed and written. M.O. 2020-33 A motion was made by Councilmember Gutierrez and seconded by Councilmember Lamb to approve the first reading of an Ordinance adopting the 2019 editions of the California Building and Fire Codes with the requisite findings in support of local additions and amendments to the codes. RESULT: APPROVED [4 TO 1] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Councilmember AYES: John Aguilar, Mark Carnevale, Ernesto Gutierrez, Rita Lamb NAYS: Raymond Gregory 6. LEGISLATIVE ACTIONS A. Appointment to Planning Commission Cathedral City Page 7 Printed on 3/05/2020 Recommendation: Make an appointment to the Planning Commission with a term continuing to June 30, 2020. Councilmember Mark Carnevale supports appointing Kevin Brandt to the Planning Commission. Mayor Pro Tem Raymond Gregory supports appointing Kevin Brandt to the Planning Commission. Councilmember Ernesto Gutierrez supports appointing Kevin Brandt to the Planning Commission. Mayor John Aguilar supports appointing Kevin Brandt to the Planning Commission. M.O. 2020-34 A motion was made by Councilmember Gutierrez and seconded by Mayor Pro Tem Gregory to appoint Kevin Brandt to fill a vacant seat on the Planning Commission with a term continuing to June 30, 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Raymond Gregory, Mayor Pro Tern AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb B. Coachella Valley Battle in the Desert Recommendation: To approve Special Use Permit #20-003 to hold the annual Coachella Valley Battle in the Desert at the Cathedral City Community Amphitheater. Councilmember Mark Carnevale questioned if attendance for this event has grown over the years. Councilmember Ernesto Gutierrez questioned where the proceeds from the event go. Mayor Pro Tem Raymond Gregory questioned if the there is a hard stop time at 11:00 pm for the event. Christopher Parman, Communications and Events Manager, responded that the attendance for the event has grown over the years. He stated that some of the proceeds will benefit various nonprofit organizations. He also confirmed there will be a hard stop for amplified music at 11:00 pm. M.O. 2020-35 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to approve Special Use Permit #20-003 to hold the Cathedral City Page 8 Printed on 3/05/2020 annual Coachella Valley Battle in the Desert at the Cathedral City Community Amphitheater. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Mark Carnevale, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb C. Cat City LGBT Days & Allies Block Party Weekend Recommendation: To approve Special Use Permit#20-005 for the 2nd Annual Cat City LGBT Days & Allies Block Party Weekend. Councilmember Mark Carnevale feels that the applicant should pay the $300 permit fee. Mayor Pro Tem Raymond Gregory expressed his concern with the cut off time for the amplified music being 12:00 am. He would hope that the applicant would be mindful of the residents nearby. Councilmember Ernesto Gutierrez concurs with Councilmember Mark Carnevale and feels the applicant should pay the $300 permit fee. He also suggested more coordination with the Police and Fire Departments on these events in the future. Councilmember Rita Lamb suggested that the cut off time for amplified music at events be consistent to ensure residents are not affected. M.O. 2020-36 A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember Carnevale to approve Special Use Permit # 20-005 for the 2nd Annual Cat City LGBT Days & Allies Block Party Weekend without waiving the $300 permit fee. RESULT: APPROVED [4 TO 1] MOVER: Raymond Gregory, Mayor Pro Tem SECONDER: Mark Carnevale, Councilmember AYES: Raymond Gregory, Mark Carnevale, Ernesto Gutierrez, Rita Lamb NAYS: John Aguilar D. Public Arts Commission Continuation of the Healing Fields Mural at Patriot Park Recommendation: To approve the Public Arts Commission recommendation to continue the Healing Fields Mural Project at Patriot Park by allocating $5,500 from the Public Art Fund for the installation of an additional mural by artist Jessica Schiffman. M.O. 2020-37 Cathedral City Page 9 Printed on 3/05/2020 A motion was made by Councilmember Gutierrez and seconded by Councilmember Lamb to approve the Public Arts Commission recommendation to continue the Healing Field Mural Project at Patriot Park by allocating $5,500 from the Public Arts Fund for the installation of an additional mural by artist Jessica Schiffman. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb 7. CLOSED SESSION Brad Anderson, Rancho Mirage resident, was called to speak. He expressed his admiration and support for City Manager Charles McClendon who has really impressed him. He hopes that the Public Employee Performance Evaluation goes well. A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: One 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 CCPFA - Cathedral City Firefighters Association CCFMA - Cathedral City Fire Management Association C. Public Employee Performance Evaluation Per Government Code Section 54957 (B) Title: City Manager Brad Anderson, Rancho Mirage resident, was called to speak. Brad Anderson, Rancho Mirage resident, was called to speak. The City Council recessed to Closed Session at 8:48 pm. The City Council reconvened at 10:00 pm. Eric Vail, City Attorney, announce that the City Council met in Closed Session to discuss item 7C. Public Employee Performance Evaluation for City Manager, there was no reportable action taken. ADJOURN Mayor John Aguilar adjourned the Regular City Council meeting at 10:00 p.m. Cathedral City Page 10 Printed on 3/05/2020 1 I .. .1 ! Mayor, Cit �f athe•�=1 i y City Clerk, (*ty of athedral City Cathedral City Page 11 Printed on 3/05/2020