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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. 1/L01 4i9 AZ,124,j._Cin-t a or, City o' athedral City City Clerk, City of/Cathedral City 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 Cathedral City Page 4 Printed on 9/21/2020 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 Cathedral City Page 5 Printed on 9/21/2020 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 Cathedral City Page 6 Printed on 9/21/2020 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. Cathedral City Page 8 Printed on 9/21/2020 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 Cathedral City Page 13 Printed on 9/21/2020 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 Cathedral City Page 14 Printed on 9/21/2020 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. Cathedral City Page 15 Printed on 9/21/2020 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 Cathedral City Page 16 Printed on 9/21/2020 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 Cathedral City Page 3 Printed on 9/17/2020 Mayor John Aguilar adjourned the Special Meeting of September 9, 2020 at 4:50 PM. , ity of Ca�'cedral City City Clerk;.-C�y ofCathedral Ci y� Cathedral City Page 4 Printed on 9/17/2020