HomeMy WebLinkAboutCC Minutes 2020-09-09 CITY COUNCIL
MINUTES
Cathedral City
Study Session
Wednesday, September 9, 2020
3:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
• CALL TO ORDER
The meeting was called to order at 3:00 PM by Mayor John Aguilar.
• ROLL CALL
Attendee Name Title Status Arrived
John Aguilar Mayor Remote
Raymond Gregory Mayor Pro Tern Remote
Mark Carnevale Councilmember Present 3:00 PM _
Ernesto Gutierrez Councilmember Present 3:00 PM
Rita Lamb Councilmember Remote
Mayor John Aguilar, Mayor Pro Tern Raymond Gregory and Councilmember Rita
Lamb participated via Zoom videoconference.
• AGENDA FINALIZATION
• THE CITY COUNCIL WILL RECESS TO CLOSED SESSION AT 3:00 PM
1. CLOSED SESSION
City Manager Charles McClendon announced that the City Council will meet in
Closed Session to discuss the following items listed on the Agenda.
A. Public Employee Appointment Pursuant to Government Code Section
54957(b)(1)
Title: Fire Chief
B. Conference with Legal Counsel - Anticipated Litigation Pursuant to
Government Code Section 54956.9(d)(2).
Number of Potential Cases: One
The City Council recessed to Closed Session at 3:05 PM.
The City Council reconvened at 3:30 PM
City Manager Charles McClendon announced that the City Council met in Closed
Session to discuss a Public Employee Appointment for Fire Chief and held a
Conference with Legal Counsel regarding One case of Anticipated Litigation. There
was no reportable action taken.
• STATEMENT OF PARTICIPATION BY THE CITY CLERK
2. PUBLIC COMMENT
3. STUDY SESSION
A. Discuss and Provide Direction to Staff Regarding Assembly Bill 571 and
Campaign Contribution Limits Imposed Under State Law Effective January
1, 2021.
Recommendation: Staff recommends Council discuss and provide direction to
either:
1. Take no action and comply with campaign
contribution limits set under state law per AB 571; or
2. Give direction to develop local campaign contribution
limits that are "different" than state law.
It was the consensus of the City Council to move this item to the September 23,
2020 Study Session Meeting when the City Attorney will be available for
questions and discussion.
ADJOURN
Mayor John Aguilar adjourned the Study Session Meeting of September 9, 2020 at 3:40
PM.
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Cathedral City Page 2 Printed on 9/16/2020
CITY COUNCIL
MINUTES
Cathedral City
Regular Meeting
Wednesday, September 9, 2020
5:30 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor John Aguilar.
• PLEDGE OF ALLEGIANCE
Councilmember Mark Carnevale 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 Remote
Raymond Gregory Mayor Pro Tem Remote
Mark Carnevale Councilmember Present 5:30 PM
Ernesto Gutierrez Councilmember Present 5:30 PM
Rita Lamb Councilmember Remote
Mayor John Aguilar, Mayor Pro Tem Raymond Gregory and Councilmember Rita Lamb
all participated by video conference via Zoom.
Councilmember Rita Lamb participated in person beginning at 8:03 pm.
• AGENDA FINALIZATION
Mayor John Aguilar announced that item 38. Minutes Approval, was pulled from the
Consent Agenda for separate consideration.
• STATEMENT OF PARTICIPATION BY THE CITY CLERK
1. PUBLIC COMMENT
The following individuals submitted public comment for the record. Their comment
was read for three minutes and the full comment will be made part of the record
according to our standard procedure:
Melinda M. Luthin, submitted a public comment on behalf of I Love Cathedral City
(ILCC). She expressed her concern with members of the City Council not complying
with Brown Act and Bagley-Keene Act requirements and the public's right to
participate and observe the entirety of public meetings. She requested that the City
show all of the Councilmembers on screen at all times during future meetings and
that Councilmembers obey the laws.
2. COUNCIL REPORTS
Mayor Pro Tem Raymond Gregory stated that he was honored to participate on the
interview panel for the Cathedral City Fire Chief position. He reported that he
participated in the Coachella Valley Association of Governments Transportation
Commission meeting, Supervisor Perez' COVID-19 update and Riverside County
Transportation Commission meeting via Zoom. He continues to meet with citizens
and City staff He recognized the Fire Department and thanked them for their service
and assistance with the area fires.
Councilmember Ernesto Gutierrez hopes everyone had a great Labor Day and are
staying cool in this heat. He announced that Southwest Airlines will be offering direct
flights to and from Palm Springs and Miami, which he feels will be a big boost for the
area. He reported that he participated in Supervisor Perez' update on COVID-19 via
Zoom. He feels businesses are frustrated and it is only a matter of time before they
begin violating mandates. He continues to receive calls from residents regarding
short-term vacation rental complaints. He also met with the Police Chief for an
update on what is going on in the City. He also had his regular meeting with City
Manager prior to the City Council meeting. He reminded everyone of the importance
of voting in the upcoming Election and urged everyone to get out and vote.
Councilmember Carnevale reported that he met with the Chief of Police to discuss
short-term vacation rental policy ideas and felt it was a good conversation. He
participated in and Ad-hoc Committee meeting of the Homeless Committee, where
they voted unanimously to have CVAG take over the function of Path of Life
Ministries. The recommendation will still need to go to the Homeless Committee for
final approval. He announced, with sadness, that the Great Plates program will end
on September 30, 2020 as Riverside County has exhausted its funds for the
program. He also participated in the Housing Can meeting via Zoom, where they
discussed United Lift Rental Assistance, which is an assistance program to help
those who need help paying their rent.
Councilmember Rita Lamb thanked and acknowledged Cathedral City Fire Fighters
and First Responders. She also announced that students from San Jacinto High
School ASB also acknowledged our Fire Fighters and First Responders by providing
them lunch from Olive Garden. She has continuously had the opportunity to
communicate with residents the seriousness of Corona Virus, she recorded another
Corona Virus Story Time video where she read D.O.T. She announced that
International D.O.T. Day will be on September 14, 2020 and the S.C.R.A.P Gallery
will be recognizing it and offering a program, more information can be found on their
Cathedral City Page 2 Printed on 9/21/2020
website. She reported that she continues to represent the City on a variety of
commissions and committees including the PSUSD 2x2, CVAG Conservation
Committee and the Energy and Environmental Resources Committee. She stated
that Supervisor Perez continues to keep them abreast of the ever-changing Corona
Virus. She reported that she had an opportunity to chat with a resident that has been
isolated for an extended period of time due to the corona virus. She reminded
everyone that the Senior Center offers services and resources. She announced the
upcoming Dinner with Patsy which will be a curbside delivery at the Sunshine Café
which will benefit the Senior Center and the Boys and Girls Club.
Mayor John Aguilar stated that his thoughts and prayers go out to those victims of
the fires. He reminded everyone that fire season is approaching and to please be
careful not to further complicate the situation with ongoing fires.
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. Receive and file Payment of Claims and Demands for August 2020
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$6,633,927 for
the month of August 2020.
M.O. 2020-118
B. Pulled from Consent
This item was pulled from the Consent Agenda.
C. Designation of Voting Delegate and Alternate for the League of California
Cities Annual Business Meeting on October 9, 2020.
Recommendation: To adopt a Resolution designating Mayor John Aguilar as
the Voting Delegate and Mayor Pro Tem Raymond Gregory
as the Alternate Voting Delegate to represent Cathedral City
at the League of California Cities Annual Business Meeting,
which will be held on October 9, 2020.
Reso 2020-36
D. Resolution of Intention to Establish Improvement Area No. 14 - CFD NO.
2006-1
Recommendation: To approve a Resolution of Intention to Establish
Cathedral City Page 3 Printed on 9/21/2020
Improvement Area No. 14 - CFD NO. 2006-1
Reso 2020-37
E. Authorize the purchase of two Engineering plan review tables and
supporting appurtenances/equipment funded through the awarded SB-2
Planning Grant.
Recommendation: To authorize the purchase of two (2) touch-screen plan
review tables and related supporting
appurtenances/equipment, subject to a maximum
reimbursement of$28,000, as outlined in the SB 2 Planning
Grant awarded from the State of California Department of
Housing and Community Development (HCD); and,
authorize the City Manager to execute the required
documents.
M.O. 2020-120
F. Contract for Services — Paul Herrera Safety Consulting (Mark 43 Project
Manager)
Recommendation: To approve a Contract for Services with Paul Herrera Safety
Consulting to provide program management and
implementation of the Mark 43 CAD/RMS system in the
Cathedral City Police Department.
M.O. 2020-121
G. Ratification of Agreement Between the City of Cathedral City and the
American Federation of State, County and Municipal Employees
Recommendation: To ratify the agreement between the City of Cathedral City
and the American Federation of State, County and Municipal
Employees with a term of January 1, 2020 through
December 31 , 2022.
M.O. 2020-122
H. Adopt Resolution for Paying & Reporting the Value of Employer Paid
Member Contributions ("EPMC"), whereby all costs are absorbed by the
employee
Recommendation: To adopt a resolution for paying and reporting the value of
Employer Paid Member Contributions via a cost sharing
arrangement between the City of Cathedral City ("City")and
the American Federation of State ,County and Municipal
Employees ("AFSCME").
Reso 2020-38
I. Resolution Rescinding the American Federation of State, County and
Municipal Employees Vesting Requirement and Approving the American
Federation of State, County and Municipal Employees PEMHCA Minimum
Recommendation: To adopt a resolution fixing the employer contribution under
the Public Employees' Medical and Hospital Care Act
(PEMHCA) for employees and annuitants; and adopt a
resolution electing to rescind the post-retirement health
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benefits vesting requirements under Government Code
Section 22893 for employees first hired on or after January
1, 2013, as established by Resolution 2012-188.
Reso 2020-39
J. Tract No. 37473: Approval of Final Map and Subdivision Agreement: Valley
Property Ventures, LLC (Chris Ifeanyi): Subdivider.
Recommendation: To approve the Final Map of Tract 37473; and, accept the
dedication of Lot "A" as shown on the Map; and, approve the
Subdivision Agreement for the Tract; and, authorize its
execution by the Mayor and City Clerk.
M.O. 2020-123
K. Parcel Map 37270: Approval of Final Map: Quick Quack Car Wash: QQFV 2,
LLC: Subdivider.
Recommendation: To approve the Final Map of Parcel Map No. 37270 (Quick
Quack Car Wash).
M.O. 2020-124
L. Approval of Program Supplemental Agreement No. U33 between the City of
Cathedral City and the State of California, for the Purpose of Administering
and Disbursement of State Funds for the Development and Preparation of a
Local Roadway Safety Plan (LRSP).
Recommendation: To adopt a Resolution approving Program Supplemental
Agreement No. U33 to the Administering Agency-State
Master Agreement, No. 00263S, between the City of
Cathedral City and the State of California, acting through the
Department of Transportation (Caltrans), for the purpose of
administering and disbursement of State Funds for the
development and preparation of a Local Roadway Safety
Plan (LRSP) for the City of Cathedral City, Caltrans Project
No. LRSPL-5430(036); and, authorize the Director of
Engineering/Public Works to sign the Agreement on behalf
of the City of Cathedral City.
Reso 2020-46
M. Resolution of the City Council of the City of Cathedral City Approving the
Application for Statewide Park Development and Community Revitalization
Program Grant Funds for the Dream Homes Park Project Round 4
Recommendation: To adopt a Resolution approving the application for a
Statewide Park Development and Community Revitalization
Program (SPP) Grant Round 4 to be submitted for the
Dream Homes Park Project; and, authorize the Mayor to
sign the Resolution on behalf of Cathedral City.
Reso 2020-41
4. ITEMS PULLED FROM CONSENT
A. Minutes Approval
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The following individual submitted a public comment for the record. Their
comment was read for three minutes and the full comment will be made part of
the record according to our standard procedures:
Melinda M. Luthin, submitted a comment on behalf of I Love Cathedral City
(ILCC). She expressed her concern with a couple of items in the Regular City
Council Meeting minutes of August 26, 2020. She indicated that she believes
they did not reflect what was actually said at the meeting. She requested that the
City Council not approve them and that they be revised to reflect what was
actually said.
City Attorney Eric Vail stated that the motion in question was fairly stated and
constituted the final documents with the changes that were presented to the City
Council for introduction, reading of the title only, and wavier of further reading. He
believes that the minutes should be corrected to reflect that the motion included
the wavier of further reading, so the full ordinance does not have to be read,
which is the standard practice we follow.
Mayor Pro Tern Raymond Gregory stated that in regard to item 6A on the
minutes in question, it was his intention as the maker of the motion to include that
the Clerk was to read the title of the Ordinance and waive further reading of the
ordinance. In regard to item 68, he stated that the City Council directed staff to
move forward with option number four which included four non- sworn police
personnel and two administrative positions to be determined by the City
Manager, and the minutes should be corrected in the Study Session and Regular
Minutes of August 26, 2020 to reflect this.
M.O. 2020-119
A motion was made by Mayor Pro Tem Gregory and seconded by
Councilmember Carnevale to approve the minutes of August 26, 2020 with the
following corrections to items 6A and 68 as outlined by the City Attorney and
Mayor Pro Tem Raymond Gregory:
6A. A Motion was made by Mayor pro Tem Gregory and seconded by
Councilmember Gutierrez to introduce, to read by title only and to waive further
reading of an Ordinance, repealing section 3.24.011 [Vacation Rental Units] of
Chapter 3.24 of Title 3 of the City of Cathedral City Municipal Code, repealing
Ordinance No. 825 imposing a moratorium on the establishment, permitting and
approval of Short Term Vacation Rentals, and adopting Chapter 5.96 of Title 5 of
the City of Cathedral City Municipal Code regarding Short Term Vacation
Rentals, as presented with the changes outlined by the City Attorney in his
Power-Point presentation and the secondary document during his presentation
and include the additional language presented by Mayor Pro Tern Gregory
related to the number of vehicles allowed to park at the short term vacation rental
property.
6B. It was the direction of the City Council for staff to move forward with Option
Number 4, which will include 4 non-sworn police personnel to provide 24/7
enforcement coverage and two administrative positions with departmental
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placement to be determined bythe CityManger.
9
1. City Council - Study Session - Aug 26, 2020 4:00 PM
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tern
SECONDER: Mark Carnevale, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
2. City Council - Regular Meeting - Aug 26, 2020 5:30 PM
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tern
SECONDER: Mark Carnevale, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
5. PUBLIC HEARINGS
A. Appeal of Planning Commission Approval of Conditional Use Permit No.
19-013
Recommendation: To hear an appeal of the decision of the Planning
Commission to approve a Conditional Use Permit; hold a
public hearing; and then affirm, reverse or modify, in whole
or in part, the Planning Commission decision, based upon
the findings contained in the Staff Report.
The following individuals participated in the meeting via Zoom:
Ernest J. Guadiana, Appellant representing Kings Garden Inc. and CK
Endeavors, Inc.
Lance Strumpf, Attorney Representing Applicant
Steve Aguilar, Applicant
Brenda Ramirez, Associate Planner, presented the staff report, the action taken
by the Planning Commission and the appeal packet received for the proposed
Conditional Use Permit No. 19-013.
City Attorney Eric Vail gave an overview of the process of the public hearing and
indicated that it is a de novo hearing.
Lance Strumpf indicated that it is his opinion that this proceeding is not
considered a de novo hearing.
Mayor John Aguilar called on the appellant to speak and present.
Ernest J. Guadiana gave an overview of his client's oppositions and requested
that the City Council deny the Conditional Use Permit No. 19-013.
Mayor John Aguilar called on the applicant to speak and present.
Cathedral City Page 7 Printed on 9/21/2020
Lance Strumpf gave an overview of his client's opposition to the appellant's
requests and concerns. He requested that the City Council uphold the decision of
the Planning Commission.
Mayor John Aguilar opened the Public Hearing for comments.
The following individuals provided their public comment via telephone:
Charles Kieley Co-Founder of Kings Garden gave an overview of the background
of his business, building leases and taxes paid to the City. He expressed his
opposition to the proposed Conditional Use Permit No. 19-013 and requested
that the City Council deny the application.
Michael King Co-Founder of Kings Garden gave an overview of his opposition
and actions in response to proposed Conditional Use Permit No. 19-013. He
requested that the City Council deny Conditional Use Permit No. 19-013.
Gary LaSalle Vice President on Operations for Kings Garden gave an overview
of his opposition to Conditional Use Permit No. 19-013 from an operations
perspective. He requested that the City Council deny proposed Conditional Use
Permit No. 19-013.
Mayor John Aguilar closed the Public Hearing and returned discussion to the City
Council.
Steve Aguilar, Applicant stated that he would like to have an opportunity to
speak.
Mayor John Aguilar allowed Mr. Steve Aguilar to proceed.
Steve Aguilar indicated that he acquired the property from Mike King in 2016,
and in that acquisition, he negotiated the right to build a building on the property.
He also indicated that Mr. King did not disclose any easement issues at the time
of acquisition. He gave an overview of the modifications he has made to
accommodate Mr. Kings objections and requested that the City Council approve
the proposed Conditional Use Permit No. 19-013.
City Attorney Eric Vail reviewed the options for City Council to take on this item.
He indicated that it is his opinion that this is a de novo review.
Councilmember Mark Carnevale questioned if Mr. King would oppose any type of
building and business.
Mr. Guadiana responded in the affirmative.
Councilmember Mark Carnevale asked for clarification on the exit and entrance
space and whether any business being installed would disrupt Mr. Kings
business operations.
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Brenda Ramirez gave an overview of the exit and entrance spaces and the
parking design. She indicated that she cannot speak on whether or not it will
disrupt Mr. Kings operation.
Councilmember Mark Carnevale indicated that he is having a hard time
understanding why he would oppose the proposed application for the CUP if it is
not going to disrupt Mr. Kings operation.
Councilmember Ernesto Gutierrez requested clarifications on the Fire
Department's approvals, the proposed parking design and easements.
Brenda Ramirez provided clarification.
City Attorney Eric Vail provided further clarification.
Councilmember Rita Lamb indicated that her primary concern is fire safety which
was addressed. She stated that we want to invite businesses into the City.
M.O. 2020- 125
A motion was made by Mayor Pro Tern Gregory and seconded by
Councilmember Gutierrez to consider the comments of Steve Aguilar as part of
the record.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tern
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
A motion was made by Councilmember Carnevale and seconded by Mayor Pro
Tern Gregory to deny the appeal and approve Conditional Use Permit No. 19-013
and to affirm the Planning Commission's decision based upon findings contained
in the Staff Report.
RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Mayor Pro Tern
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
6. LEGISLATIVE ACTIONS
A. Firehouse Subs Public Safety Foundation Grant
Recommendation: To authorize the City Manager to accept the Firehouse Subs
Public Safety Foundation grant in the amount of$18,421 .50
and purchase a Stryker Power-Pro XT Ambulance Cot for
$20,033.39.
Alex Pike, Fire Department Engineer, who was instrumental in the Department
receiving the grant to purchase the Stryker Power-Pro XT Ambulance Gurney,
provided a demonstration on how the equipment works.
Cathedral City Page 9 Printed on 9/21/2020
M.O. 2020-126
A motion was made by Mayor Pro Tern Gregory and seconded by
Councilmember Carnevale to authorize the City Manager to accept the Firehouse
Subs Public Safety Foundation grant in the amount of$18,421.50 and purchase
a Stryker Power-Pro XT Ambulance Cot for$20,033.39.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Mark Carnevale, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
B. Resolution Approving Application(s) for Per Capita Grant Funds
Recommendation: To adopt a Resolution approving an application for State
Parks
Per Capital Grant Funds and authorize the Mayor to sign the
Resolution on behalf
of Cathedral City.
Reso 2020-42
A motion was made by Councilwoman Lamb and seconded by Councilmember
Gutierrez to adopt a Resolution approving an application for State Parks
Per Capital Grant Funds and authorize the Mayor to sign the Resolution on
behalf of Cathedral City.
RESULT: APPROVED [UNANIMOUS]
MOVER: Rita Lamb, Councilmember
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
C. Summary Report of Public Arts Funding for Art Educational Programs and
Public Art Works purchases during Fiscal Year 2019/20
Recommendation: To accept the summary report of public arts funding for Art
Educational Programs and Public Art Works purchases
during Fiscal Year 2019/20.
M.O. 2020-127
A motion was made by Councilmember Gutierrez and seconded by
Councilmember Carnevale to accept the summary report of public arts funding
for Art Educational Programs and Public Art Works purchases during Fiscal Year
2019/20.
Cathedral City Page 10 Printed on 9/21/2020
RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
D. Public Arts Commission Approval Requests: Recognizing Life's passages
and Cathedral City's First Responders
Recommendation: To approve the Public Arts Commission's ("PAC" or
"Commission") recommendations to use Art in Public Places
funds to commission metal sculptor Steve "Shig" Shigley to
build, deliver, and oversee the installation of his "Passages"
sculpture at Cathedral City's Panorama Park. The sculpture
will cost $7,862.50. Construction of the foundation and
installation of up lighting by City Staff will cost an estimated
$8,500. The overall project cost will not exceed $16,362.50.
M.O. 2020-128
A motion was made by Mayor Pro Tem Gregory and seconded by
Councilmember Carnevale to approve the Public Arts Commission's ("PAC" or
"Commission") recommendations to use Art in Public Places funds to
commission metal sculptor Steve "Shig" Shigley to build, deliver, and oversee the
installation of his "Passages" sculpture at Cathedral City's Panorama Park in an
amount not exceed $16.362.50.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Mark Carnevale, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
E. Short-Term Vacation Rental Ordinance - Second Reading
Recommendation: To provide second reading and adopt an ordinance
establishing new regulations and restrictions regarding
Short-Term Vacation Rentals.
City Attorney Eric Vail provided an overview of the revised Ordinance from the
August 26, 2020 Meeting and the additional changes that were made by the City
Attorney's office for clarification purposes.
The following individuals provided their public comment via telephone:
Joe Vassallo expressed his concern with banning short-term vacation rentals
which he feels will cause unnecessary hardships. He stated that as a short-term
vacation owner and part-time resident he is very much a part of the community
and contributes to the community. He feels that the current STVR Ordinance is
inadequate and the proposed enforcement should solve the majority of the
problems. He encouraged the City Council to defer their decision until they can
evaluate the effectiveness of the new regulations.
Cathedral City Page 11 Printed on 9/21/2020
Adam Ramirez stated that he was born and raised in Cathedral City. He feels
that banning short-term vacation rentals will reduce necessary revenue. He feels
there are examples all over the Coachella Valley of successful short-term
vacation rental programs with strong regulations. He urged the City Council to
reconsider and keep this important tax revenue in his hometown.
Paul Lougee stated that he renovated his short-term vacation rental and wouldn't
have if he knew the City was going to ban them. He expressed his concern with
proposed limits on occupancy and questioned if the City is going to reimburse
him. He also questioned what the purpose of the Short-Term Vacation Rental
Task Force was if the City Council was not going to listen to their
recommendations. He feels this is a disgrace of the democratic process and
advised the City Council to reconsider.
Mike Fish stated that he is a short-term vacation rental owner and has been
following this process. He is disappointed in the process and the way the City
Council has handled things. He expressed his frustration with the countless
hours he spent gathering data to prove that the program is not as bad as the City
Council thinks. He feels the City Council should have instituted an enforcement
program form the beginning of the process and the Council should wait to ban
the program until after they see how it goes. He urged the City Council to
reconsider.
Kevin Ogilvie stated that he is the Secretary of the ILCC and is a professional
property management agency that offers many homes in Cathedral City. He
expressed his concern with the proposed limits on 6-bedroom short-term
vacation rentals and feels this City will be restricting the owner's ability to recover
the cost of their legal renovations. He feels the City Council has ignored the
comments from ILCC and failed to provide public comments in the agenda
packet which is unlawful.
Karyn McQueen stated that she is a former member of the Short-Term Vacation
Rental Task Force and the Vice-President of the ILCC. She expressed her
concern with the City telling her she cannot rent her 6-bedroom home after she
has paid all fees to remodel her home and allowing her only 30 days to
recuperate her costs. She questioned if the City will be reimbursing her. She
stated that the regulations committee made recommendations to grandfather in
current licensed 6-bedroom homes and cap occupancy to 2 per bedroom, which
was dismissed by the Council. She feels the City Council is acting unlawfully
without just compensation.
Lindsay Jones finished reading a letter from Melinda M. Luthin and expressed
her concern with the proposed ordinance. She feels the ordinance has
substantially changed from the last meeting and should be considered the first
reading of the ordinance.
Boris Stark expressed his concern with the proposed ordinance and urged the
City Council to make this the first reading. He also expressed concern with the
language in the staff report and with some councilmembers leaving the previous
meeting. He requested that those members of the Council truthfully state if they
Cathedral City Page 12 Printed on 9/21/2020
were present for the entire meeting and whether they engaged in private
conversations during the meeting. He also expressed his concern with the City
failing to provide public comments in the agenda packet and the posted meeting
information. He urged the City Council to recognize the violations of the Brown
Act and do the right thing.
Brian Felber stated that the faults noted in the first reading should be taken into
consideration. He urged the City Council to conduct today's meeting properly and
consider it to be the first reading of the ordinance. He expressed his concern with
the City Council ignoring the public comments and the signatures in support of
short-term vacation rentals. He indicated that the ILCC is prepared to drag this
out.
David Lenard expressed his concern with the first reading of the ordinance and
urged the City Council to consider today to be the first reading. He feels this is a
lawsuit waiting to happen. He commented on the actions and lack of support by
members of the City Council. He gave an example of how surveillance at his
short-term rental helped the police solve a case.
The following individuals submitted a public comment for the record. Their
comment was read for three minutes and the full comment will be made a part of
the record according to our standard procedure:
Bonnie Felber thanked City Clerk Tracey Martinez and her staff for reading the
many emails submitted for public comments into the record. She feels there is an
enormous amount of support for short-term vacation rentals and expressed her
concern with the City Council not listening to their public and wasting the publics
time.
Melinda M. Luthin submitted a public comment on behave of I Love Cathedral
City (ILCC). She expressed her concern with the proposed ordinance to ban
short-term vacation rentals and feels it was not properly introduced at the
previous meeting and objects to the City Council voting on the ordinance.
Arthur Coren stated that he is short-term vacation rental owner in Cathedral City.
He expressed his concern with the recent actions of the City Council to ban
short-term vacation rentals and questioned why the Council is shutting them
down when they provide much needed financial boost during tough times. He
provided a list of possible solutions to the issues with short-term vacations
rentals and urged the City Council to target efforts towards finding a solution that
allows for both short-term vacation rentals and residents to enjoy their quality of
life.
Karen Evans thanked the Task Force, the City and the City Council for their hard
work on the short-term vacation rental issue. She expressed her concern with
short-term vacation renters not being good neighbors and feels the community
wishes to return their neighborhoods back to neighborhoods. She looks forward
to a favorable vote for the new ordinance.
Robert Magzanyan is against banning sort-term vacation rentals in Cathedral
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City. He feels that it is his right to earn income from his short-term vacation rental
and it should be regulated and taxed accordingly. He also feels that there is
some middle ground that the community can agree on and questioned why the
City Council would destroy a thriving industry during an economic downturn.
George Saioc stated that his Airbnb is the first business he has owned with his
family. He quoted one of his recent guests stating that many of his guests are
locals and questioned if the City Council has thought about them.
Cyndie and Bruce Swauger thanked the City and staff for their work on the short-
term vacation ordinance and resolutions. They support the new ordinance and
resolutions to phase-out short-term vacations rentals in neighborhoods. He
commended the City Council for listening to the fulltime residents and thanked
them for moving forward.
City Clerk Tracey Martinez indicated that two comments were received
requesting the City Council adopt new policies, fees and fines for the short-term
vacation rental program. One comment was received in support of approving the
second reading of the short-term vacation rental ordinance. Twenty-one
comments were received in support of short-term vacation rentals continuing and
requested that the City Council consider alternative options to banning short-term
vacation rentals. Two comments were received thanking the City Council for their
vote on the short-term vacation rental issue. The full comments will be made part
of the record according to our standard procedures.
City Attorney Eric Vail gave an overview of the City Council's options for
proceeding.
Councilmember Ernesto Gutierrez thanked the City Attorney for all his great work
on this matter and feels the City Council is ready to move forward.
Councilmember Mark Carnevale concurs with Councilmember Ernesto Gutierrez.
He feels that the City Attorney and staff have done a great job. He also feels that
the City Council has done a thorough job and they should move forward.
Councilmember Rita Lamb stated that she concurs with the Council and feels this
has been a very thorough public discussion and thanked City Attorney Vail for
walking the Council through the process.
Mayor Pro Tem Gregory feels the City Council did listen to the public comments
and thanked those for making them. He feels it is the job of the City Council to
weigh what is presented, to listen and then make their decision. He feels that the
City Council has listened, and he is prepared to move forward.
Ord 842
A motion was made by Mayor Pro Tem Gregory and seconded by
Councilmember Carnevale to provide the second reading and adoption of an
ordinance, read by title only and waiving further reading, repealing section
3.24.011 [Vacation Rental Units] of Chapter 3.24 of Title 3 of the City of
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Cathedral City Municipal Code, Repealing Ordinance 825 Imposing a Moratorium
on the Establishment, Permitting and Approval of Short Term Vacation Rentals,
and adopting Chapter 5.96 of Title 5 of the City of Cathedral City Municipal Code
Regarding Short Term Vacation Rentals as provided by the City Clerk as the
latest version, which was also available in the Council Packet and as presented
by the City Attorney.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Mark Carnevale, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
F. Resolution Establishing Fees for Short-Term Vacation Rental Licenses and
Approval of the Necessary Budget Amendment for STVR Enforcement
Recommendation: To approve a Resolution establishing fees for Short-Term
Vacation Rental licenses and to authorize a budget
amendment of $409,888 to provide the additional resources
necessary for STVR enforcement.
City Clerk Tracey Martinez indicated that one comment was received in support
of the imposition of a fully encumbered administrative fee to cover all costs
associated with the City's short-term vacation rental program. The full comment
will be made part of the record according to our standard procedures.
Reso 2020-43
A motion was made by Mayor Pro Tem Gregory and seconded by
Councilmember Gutierrez to approve a Resolution establishing fees for Short-
Term Vacation Rental licenses and to authorize a budget amendment of
$409,888 to provide the additional resources necessary for STVR enforcement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tern
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
G. Resolution Establishing Complaint Protocol Regarding STVR Units
Recommendation: To approve a resolution establishing the resident complaint
protocol for STVR units.
City Clerk Tracey Martinez indicated that one comment was received in support
of the new ordinance provisions, complaint protocol and fines. The full comment
will be made part of the record according to our standard procedures.
Reso 2020-44
A motion was made by Councilmember Carnevale and seconded by Mayor Pro
Tem Gregory to approve a resolution establishing the resident complaint protocol
for STVR units.
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RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Mayor Pro Tern
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
H. Resolution Establishing Fines for STVR Code Violations
Recommendation: To approve a Resolution establishing the fine schedule for
violations of the Municipal Code pertaining to Short-Term
Vacation Rentals
City Clerk Tracey Martinez indicated that one comment was received in support
of the updated fine/fee schedule for short-term vacation rental violations. The full
comment will be made part of the record according to our standard procedures.
Reso 2020-45
A motion was made by Mayor Pro Tem Gregory and seconded by Councilwoman
Lamb to approve a Resolution establishing the fine schedule for violations of the
Municipal Code pertaining to Short-Term Vacation Rentals
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tern
SECONDER: Rita Lamb, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
I. Update on Emergency Actions Related to COVID-19
City Manager Charles McClendon gave an update on actions related to COVID-19.
He indicated that the City continues to provide services. He continues to track the
seven-day average of new confirmed cases of COVID-19 in Cathedral City and
reported that the cases have been under 10 every day since August 24, 2020. He
feels we are trending in the right direction, although there is concern about the
effects of the Labor Day Holiday.
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 September 9, 2020.
ADJOURN
Mayor John Aguilar adjourned the Regular City Council Meeting at 9:39 p.m.
M r, City of C edral City City Clerk,(6ity of Cathedral City
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44 CITY COUNCIL
MINUTES
Cathedral City
Special Meeting
Wednesday, September 9, 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 Remote
Raymond Gregory Mayor Pro Tem Remote
Mark Carnevale Councilmember Present 4:00 PM
Ernesto Gutierrez Councilmember Present 4:00 PM
Rita Lamb Councilmember Remote
Mayor John Aguilar, Mayor Pro Tem Raymond Gregory and Councilmember Rita
Lamb all participated via Zoom teleconference.
1. AGENDA ITEM
1. Community Discussion on Race, Policing and Economic Opportunity
Recommendation: This item is presented as an opportunity for City Council to
hear from members of the community. No action will be
taken.
Mayor John Aguilar stated that Cathedral City has a history of being a lead in
adopting policies that put the safety of our community first. He believes that our
Police Department is absolutely the best, and without exception, have always
placed the well-being of our community first. He felt that it was important to allow
the community to have this opportunity to express their concerns and thoughts
on the topics of race, policing and economic opportunity.
City Manager Charles McClendon provided instructions on how the process of
the meeting will be handled. He indicated that Chief of Police George Crum will
provide a brief update on policy changes that have been made in the Department
and that following the presentation we will move into comments from participants.
He further indicated that the purpose of this listening session is to allow the
Councilmembers to hear from the community. It will not be a question and
answer format and Councilmembers will likely not respond to speakers during the
meeting and they will not take action. Council will listen and what they learn from
those who speak may then lay the foundation for future agenda items and future
action.
Chief of Police George Crum provided an overview of procedures and protocols
that have been implemented to protect the community, it is his goal to ensure
that the Department polices in a manner that respects all those who live, work,
visit or have a business in Cathedral City.
Nancy Ross, Cathedral City resident, thanked the Council for having this
discussion. She indicated that she spent many years working on criminal justice
reform and feels that every department should evaluate their policies and
procedures on a regular basis, however, words like defund the police are hurtful
to departments like Cathedral City. More than ever, police officers are asked to
be responsible for more than responding to crimes and protecting our
community. They are asked to do more with less. She feels that we should
support our Police Department and thank them for the service they provide.
Rick Saldivar, Cathedral City resident, stated that he is proud to be a part of a
community that has banned the choke hold. He indicated that a while back he
participated in a community class that was put on by the Police Department. He
felt that the class was very informative and bridged the gap between the
residents and the Police Department. He stated that he would like to see those
classes offered again and perhaps include youth at risk. He feels that these
classes will help eliminate the misinformation and distrust of police officers that is
out in the community and will bring something positive to the community. He
thanked the Council for the opportunity to speak and offered his assistance
putting together the classes.
Danny Lee, Cathedral City resident, indicated that he concurs with what other
members of the community have said. He stated that the media would have you
believe that people want to get rid of the police, however, he does not believe
this is the majority and he believes that the Police Department is a core function
of the City. He would like to see two officers in a patrol car so that they are able
to do the job that they are expected to do, especially since the expectations have
increased. He would like the Council to consider stating that no matter what the
State requires for the training of Police Officers that we have our own level of
training that will allow the officers to do their job well.
Alan Carvalho, Cathedral City resident, thanked the Council for the opportunity to
speak. He indicated that he is a big supporter of public safety and expressed
how grateful he is for our local police and fire. He shared a personal story with
an incident he had with public safety and how much he appreciated how he was
treated and the work that they do. He feels that cities should be supportive of
providing proper training and of their public safety. He feels that we should
increase the ranks so that we are able to handle the services that are needed,
we need them now more than ever. He feels that the term defund the police is
Cathedral City Page 2 Printed on 9/17/2020
improper and feels that it should be a redistribution of funds. He stated that he is
proud to have a Chief of Police that goes out of his way to make sure his
Department is responding to what is going on in the world.
Chip Yarborough, Cathedral City resident, echoed what the other members of the
community have stated. He believes that it is not the belief of the majority to
defund the police. He feels that the staffing of our Police Department is
dangerously low and response times are not what they could be. He is
concerned with the possible budget cuts that may have to be made and the affect
it could have on the Department. He congratulated Police Chief Crum for the
work he has done and the work he continues to do. He believes that there are
several calls for service that volunteers may be able to handle and suggested
looking into that as we may face additional cuts in the future. He thanked them
for the work they do.
Councilmember Mark Carnevale thanked the Mayor for bringing this item before
the City Council and the Chief of Police for the service that he is providing to the
City and the community. He stated that he is a supporter of our Public Safety.
He thanked those for their comments and positive words of the Police
Department.
Mayor Pro Tem Raymond Gregory thanked those who took the time to
participate in the meeting and for the comments that were provided. He feels
that we have excellent Police and Fire Departments and he is glad to hear that
the residents feel the same way. He stated that he agrees with the comment that
even when you have a great Department, there is always room for improvement
and that we should continually look for ways to improve.
Councilmember Rita Lamb thanked the Mayor for bringing this item to the
community and those that participated in the meeting and provided comments.
She questioned how the Strategic Plan is done by the Police Department.
Police Chief Crum responded that it takes approximately 3 to 4 months to create
their Strategic Plan. He stated that he takes a cross section from the
organization and a cross section from the community, including the Police
Advisory Committee. He then breaks it down to 8 objectives and establishes
how they will accomplish them over five years.
Councilmember Ernesto Gutierrez thanked those for their positive comments
about the Police and Fire Departments. He stated that he echoes their
comments and expressed his sincere appreciation for the work that our Public
Safety Departments do.
City Manager Charles McClendon thanked everyone for their comments, he feels
that they will be very helpful in the coming months. He feels that having
community meetings to receive public input in this type of forum is a good way to
get a feel of what is going on in the community and reminded everyone of the
City Hall at Your Corner where members of the public can provide their input.
ADJOURN
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Mayor John Aguilar adjourned the Special Meeting of September 9, 2020 at 4:50 PM.
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