HomeMy WebLinkAboutCC Minutes 2020-08-26 111 CITY COUNCIL
MINUTES
Cathedral City
Study Session
Wednesday, August 26, 2020
4:00 PM
City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
• CALL TO ORDER
The meeting was called to order at 4:00 PM by Mayor John Aguilar.
• ROLL CALL
Attendee Name Title Status Arrived
John Aguilar Mayor Remote
Raymond Gregory Mayor Pro Tem Remote
Mark Carnevale Councilmember Remote
Ernesto Gutierrez Councilmember Present 4:00 PM
Rita Lamb Councilmember Remote
Mayor John Aguilar, Mayor Pro Tem Raymond Gregory, Councilmember Mark
Carnevale and Councilmember Rita Lamb all participated by video conference via
Zoom.
• AGENDA FINALIZATION
Mayor John Aguilar stated that he would like to add an urgency item to the Agenda,
anticipated litigation, which came up after the Agenda was published.
A motion was made by Mayor Pro Tem Gregory and seconded by Councilmember
Mark Carnevale, to add an urgency item to the agenda, Closed Session Item -
Conference with Legal Counsel - Anticipated Litigation Pursuant to Government
Code Section 54956.9(d)(2). Number of cases: One
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Mark Carnevale, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
• THE CITY COUNCIL WILL RECESS TO CLOSED SESSION AT 4:00 PM
1. CLOSED SESSION
City Attorney Eric Vail announced that the City Council will meet in Closed Session
to discuss the following items listed on the Agenda:
A. Conference with Legal Counsel - Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1):
Name of Case and Number: Corey Goddard v. City of Cathedral City; USDC
Case Number: 5:19-CV-00482
B. Conference with Legal Counsel -Anticipated Litigation Pursuant to
Government Code Section 54956.9(d)(2).
Number of Potential Cases: Two
C. Public Employee Appointment Pursuant to Government Code Section
54957(b)(1)
Title: Fire Chief
D. Conference with Labor Negotiator Pursuant to Government Code Section
54957.6
Agency Negotiator: Charles McClendon, City Manager
Represented Employees:
AFSCME - The American Federation of State, County and Municipal Employees
The City Council recessed to Closed Session at 4:01 p.m.
The City Council reconvened at 4:30 PM.
City Attorney Eric Vail announced that the Council met in Closed Session and were
able to discuss Item 1A. Conference with Legal Counsel regarding one case of
existing litigation Case Number 5:19-CV-00482. There was no reportable action
taken. The remaining items will be discussed at the end of the Study Session
Meeting or at the end of the Regular City Council Meeting.
• STATEMENT OF PARTICIPATION BY THE CITY CLERK
2. PUBLIC COMMENT
3. STUDY SESSION
A. STVR Enforcement Discussion
Recommendation: This item is presented for information, discussion and
direction only.
The following individuals provided their public comment via telephone:
Doug Evans stated that there is a significant need to provide full-time, fully
trained enforcement for short-term vacation rentals. He expressed his concern
with the process of responding to complaints. He feels that the responding
officer should be able to issue citations and they should also be able to enter the
property to confirm that a violation exists. He feels that there are better
Cathedral City Page 2 Printed on 9/30/2020
companies out there other than Deckard Technologies and also feels that Allied
is a waste of City money. He looks forward to seeing a solution to the ongoing
problem.
Sandy Ramsey-Woods President, American Federation of State, County and
Municipal Employees, representing general employees of Cathedral City,
expressed her dissatisfaction with the item that is being presented to the City
Council. She stated that the City recently made budget reductions due the
impact of COVID-19, eliminating two positions in Code Enforcement. These
individuals are trained to do the work that is being presented as an option and
feels that they should have the opportunity to be reinstated to fill these positions.
She feels that not doing so is a direct violation of their MOU and encouraged the
Council to do the right thing.
Linda Human-Sabol, resident and employee, stated that she has been working
on the short-term vacation rental program over the past few years. She stated
that she has the qualifications and experience to run the program and feels that
there are existing employees that are losing their jobs that can run this program.
She asked that the Council consider the existing employees that are losing their
jobs as they go through this process. She stated that she is ready to work and
support the City.
City Clerk, Tracey Martinez, indicated that staff received an email that outlined
critical items needed for the code enforcement of short-term vacation rentals.
Sandra Molina, Code Compliance/Development Manager, provided an overview
of what Code Enforcement is. She explained the ordinances and their
enforcement and briefly went over the other areas in code compliance and
enforcement in addition to the enforcement of short-term vacation rentals. She
provided statistics on open cases, GoRequests and how they are prioritized and
responded to. She went over short-term vacation rental hotline statistics
indicating that calls are coming in at all times throughout the day and during the
week, which was not typical in the past. There had been a dramatic increase in
calls, which are very sporadic and hard to predict. She explained the process for
advertising violations and non-permitted short-term vacation rentals. She
provided an overview of the four options that staff is proposing for program
management and enforcement capacity.
City Manager Charles McClendon went over some of the costs that will be
related to the enforcement of short-term vacation rentals during the phase out
period. He stated that once the Council provides direction on how they would
like to proceed, staff can then cost it out so that fees can be established.
Mayor John Aguilar stated in light of the time, discussion will have to resume at
the end of the Regular City Council Meeting.
The remaining discussion of this item was held during the Regular City Council
Meeting and will be reflected in both sets of the August 26, 2020 minutes, for
complete record of the item.
Cathedral City Page 3 Printed on 9/30/2020
Regular Meeting August 26, 2020
Mayor Aguilar stated that this is a carry-over item from the Study Session
Meeting. He indicated that staff completed their presentation and that they are
now at the point where Council will make their comments.
Councilmember Mark Carnevale stated that he supports option number four,
which will have the Police Department oversee the Short-Term Vacation Rental
Enforcement Team.
Councilmember Rita Lamb requested that Police Chief George Crum report on
whether or not he feels that having the Police Department oversee the
Enforcement Team is a good suggestion.
Police Chief George Crum responded in the affirmative. He stated that this will
allow 24/7 coverage and enforcement.
Mayor Pro Tem Raymond Gregory expressed his concern with officers being
over-qualified to fill these positions. He also feels that it will take a long time to
go through the hiring process. He stated that he believes it makes more sense to
have non-sworn officer's staff the proposed positions. He feels that it makes
sense to have the Police Department and the Finance Department handle
everything related to short-term vacation rentals from licensing to enforcement.
City Manager Charles McClendon stated that what Mayor Pro Tem Gregory is
proposing does make sense and feels that it would be a good option to move
forward with.
Councilmember Mark Carnevale stated that he believes all of code enforcement
should fall under the Police Department and something that should be
considered in the future.
Mayor Pro Tern Raymond Gregory agrees with Councilmember Carnevale and
that it should be explored at some time in the future.
Councilmember Rita Lamb asked what a non-sworn officer would look like.
Police Chief Crum responded that they are not post certified.
Councilmember Ernesto Gutierrez supports option number 4 and concurs with
the suggestion of using non-sworn police officers and having the Police
Department oversee the Short-Term Vacation Rental Enforcement Team.
Mayor John Aguilar stated that he concurs with the Council and added to the
extent possible, those employees that have been laid-off due to budget
reductions should be considered to fill the positions.
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 by the City Manager.
ADJOURN
Mayor John Aguilar adjourned the August 26, 2020 Study Session Meeting at 5:25 PM.
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May. City of Cat drat City City Clerk,OCity of Cathedral City
Cathedral City Page 5 Printed on 9/30/2020
ittCITY COUNCIL
MINUTES
Cathedral City
Regular Meeting
Wednesday, August 26, 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 Ernesto Gutierrez 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 Remote
Ernesto Gutierrez Councilmember Present 5:30 PM
Rita Lamb Councilmember Remote
Mayor John Aguilar, Mayor Pro Tem Raymond Gregory, Councilmember Mark
Carnevale and Councilmember Rita Lamb all participated by video conference via
Zoom.
• AGENDA FINALIZATION
Mayor John Aguilar announced that item 3C. will be pulled from the Consent Agenda
for discussion and that the discussion on Short -Term Vacation Rentals will continue
after Item 6A.
• STATEMENT OF PARTICIPATION BY THE CITY CLERK
1. PUBLIC COMMENT
The following individuals provided their public comment via telephone:
Kristen Dolan, Director of Community Relations and Resource Development, United
Way of the Desert, gave a brief overview of what the United Way of the Desert is
and how they help the community through the generosity of City employees who
donate during the City's workplace campaigns. She stated that the City of Cathedral
City runs one of the most successful campaigns of all the desert cities and she feels
that is due to the hard work and support of City Manager Charles McClendon, the
Human Resources department and the big-hearted City employees. She also feels
that the current COVID-19 pandemic is far from over, however, thanks to the City
employees there is hope. She thanked everyone from the bottom of her heart. She
noted that anyone who wishes to donate can do so by visiting
unitedwa yofthedesert.org.
Sandra Richter thanked the City Council for putting their residents first by voting to
phase-out short-term vacation rentals. She would like the City Council to consider a
one-year phase-out period as opposed to two years, which she feels is too long to
wait for peace. She also urged the City Council to place a temporary ban on short-
term vacation rentals due to the possibility of them spreading COVID-19. She also
requested that the City have adequate enforcement in place to carry out the new
regulations and raise fees for violations.
Michael Bress expressed his concern with possible exposure to COVID-19 by the
short-term vacation rental next to his home. He urged the City Council to stop short-
term vacation rentals from operating and only allow the title owners to stay in the
homes during the pandemic.
Dean O'Connor expressed his concern with short-term vacation rentals and their
possibility of spreading COVID-19. He feels they are not being monitored and are
not following proper social distancing and cleaning guidelines. He stated that he has
to wear a face mask in his backyard, and he would like the City to implement rules
during the pandemic to protect the residents and help contain the spread of COVID-
19.
2. COUNCIL REPORTS
Councilmember Rita Lamb expressed her appreciation for the code enforcement
presentation. She reported that she, along with Councilmember Mark Carnevale,
participated in the City Hall at Your Corner, the primary discussion was on COVID-
19. She also reported that she participated in the Supervisor Perez' zoom meeting,
where they discuss COVID-19. As information becomes available it will be shared
with the community. She congratulated the Greater Coachella Valley Chamber of
Commerce for winning the President's Circle Award for Excellence in Business
Advertising. CVREP is working hard to re-program and to possibly use the new
amphitheater when the time is right. She met Armando Perez, a new business
owner in Cathedral City. She recognized Thommy and Michael Kocan for "Dinner
with Patsy" and their tireless service to the community. She indicated that she is
working with Councilmember Carnevale on the Tree Steward program, a community
based sponsored program. She recognized the efforts of the City Council ensuring
the most vulnerable residents are taken care of. She did a mask drop off at the
Metropolitan Church. She looks forward to her next corona virus virtual story time.
Cathedral City Page 2 Printed on 9/15/2020
Councilmember Mark Carnevale reported that he attended a Special Homeless
Committee Meeting where they discussed Path of Life Ministries. It was expressed
that Path of Life Ministries is not fulfilling their contract obligations. If was further
discussed that CVAG would like to establish their own outreach program, valley
wide, which they feel will be much more efficient. He stated that he participated in
the City Hall at Your Corner along with Councilmember Lamb. He felt that it was
really good to hear from the residents. He announced that the COVID-19 testing site
at the library will end on Friday, August 28, 2020. He reported that he is working on
a community tree steward program, along with Councilmember Lamb, staff and
JoAnn Kennon. He feels that it will be a good program, which will help plant trees
and place benches at city parks. He announced that Zobo and Meesters is closing
their doors. He expressed his sadness to see small local businesses closing their
doors, no one is exempt from COVID. He reminded everyone of the importance of
supporting local businesses. He stated that Stone James, Economic Development
Director. continues to work with local businesses during the pandemic.
Councilmember Ernesto Gutierrez reported that he received a lot of complaints
regarding short-term vacation rentals and non-op vehicles. He received and
responded to a lot of emails. He also reported that he did a ride-along with the
Police Department during two different shifts and thanked the officers for taking the
time with him. He saw a lot of code enforcement violations while driving around
town. He estimated that over 500 citations could have been issued. He reported
that he met in a Zoom meeting with Councilmember Rita Lamb, Tami Scott,
Administrative Services Director, and an investor, who is actively looking to invest in
the City. He stated that the City of Coachella is offering mortgage assistance during
the pandemic and feels that the Council should consider reserving a certain amount
of funds to do the same.
Mayor Pro Tem Raymond Gregory reported that he had the opportunity to talk to
many citizens, staff and participated in multiple Zoom meetings. A meeting with the
County will be held on Monday where they will discuss plans for re-opening. He had
the opportunity to be a guest speaker at the Desert Business Association. He
attended two meetings with RCTC. He reported that he visited SunLine. He
participated in Dinner with Patsy at the Southern Bell, a little hidden gem in town,
which was a pick-up. It was a great event to raise money for the Transgender
Center. He stated that he attended many other meetings that have already been
mentioned by other members of the Council. He stated that this can be a
depressing time but there is a lot to be thankful for. The casino is making a lot of
progress, the new fire station, bridge, Tower Market and a lot of new homes are
being built. Everyone is doing a great job to keep the City going and there are a lot
of things going on even during the pandemic. The Mayor and Council are doing a
great job focusing on a variety of things and remaining balanced and doing what is
best for the residents and businesses. Everyone is doing their part to take care of
those in need.
Mayor John Aguilar reported that he met with a community activist that is leading a
group of residents, mostly college age and those with young families that are
working with the City on racial and economic issues in the community. An item will
be on the September 9, 2020, Study Session meeting to hold a discussion. He has
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participated in a number of interviews and shows on a number of topics, including
COVID-19. He stated that he is definitely supportive of a balanced re-opening and is
anxiously waiting to hear what the Governor has to say. He participated in the
Shelter from the Storm Board meeting. He indicated that there is a lot more
pressure on families and a lot of stress which is causing a lot of domestic abuse
issues, and anyone needing assistance should contact the shelter. He participated
in the National League of Cities Conference on a variety of issues. He reported that
he served as the Chair of the most recent Desert Communities Energy meeting. He
stated that he has spent some time driving around the community and commented
on how great it was to see all of the new residential developments.
3. CONSENT AGENDA
A motion was made by Councilmember Gutierrez and seconded by Mayor Pro Tern
Gregory to approve the following Consent Agenda items:
RESULT: APPROVED [UNANIMOUS]
MOVER: Ernesto Gutierrez, Councilmember
SECONDER: Raymond Gregory, Mayor Pro Tern
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
A. Receive and file Payment of Claims and Demands for July 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$20,299,026
for the month of July 2020.
M.O. 2020-114
B. Minutes Approval
M.O. 2020-115
1. City Council - Study Session - Jul 22, 2020 4:00 PM
2. City Council - Regular Meeting - Jul 22, 2020 6:30 PM
3. City Council - Special Meeting - Jul 29, 2020 8:00 AM
C. 2299 pulled from Consent
4. ITEMS PULLED FROM CONSENT
A. Mary Pickford Theater Drive-In Special Use Permit
Recommendation: To approve a Special Use Permit for D'Place Entertainment
to have a Drive-In movie theater concept and executing a
licensing agreement between the City and D'Place
Entertainment for the use of the Housing Successor Agency
site.
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The following individuals 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 procedure:
Eric Arline and Eduardo Rivera, Socially Distanced Entertainment, expressed
their concern with Mary Pickford D'Place Entertainment using their designs,
concepts and business plans to open a drive-in theater in Cathedral City. They
stated that they have all the documentation to back up their claims and their
newly formed business is going to be severely impacted by this decision moving
forward.
Damon Rubio, President, D'Place Entertainment (Mary Pickford Theater),
indicated that they determined that in order to stay in business they were going to
have to do something to stay in business. Other theaters in the area began doing
the Drive-in movie concept. They did have conversations with Socially Distanced
Entertainment, however, it was not a relationship that was going to work out.
D'Place Entertainment is the one who submitted the application, has the movie
licenses and the agreement with the vendors.
M.O. 2020-116
A motion was made by Mayor Pro Tem Gregory and seconded by Councilwoman
Lamb to approve a Special Use Permit for D'Place Entertainment to have a
Drive-In movie theater concept and executing a licensing agreement between the
City and D'Place Entertainment for the use of the Housing Successor Agency
site.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tem
SECONDER: Rita Lamb, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
5. PUBLIC HEARINGS
6. LEGISLATIVE ACTIONS
A. Short-Term Vacation Rental Ordinance - First Reading
Recommendation: To introduce and provide first reading to an ordinance
establishing new regulations and restrictions regarding
Short-Term Vacation Rentals.
City Manager Charles McClendon indicated that on July 29, 2020 a significant
amount of time was spent going over all of the recommendations of the Short-
Term Vacation Rental Task Force and direction was provided to staff by the City
Council on how to proceed. On the Agenda this evening is the proposed
Ordinance that was drafted based on recommendations of the Short-Term
Vacation Rental Task Force and the City Council.
City Attorney Eric Vail provided an overview of the changes his office
recommends that were different than the direction that was provided by the City
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Council on July 29, 2020. He indicated that the proposed Ordinance is the first
reading and that the Council can make changes prior to the second reading,
which will be done on September 9, 2020. He also indicated that there will be
some clean-up items that will need to be done prior to the second reading.
The following individual provided their public comment via telephone:
Jeremy Ogul stated that he is calling on behalf of his client Expedia Group. He
stated that most of the short-term vacation rental complaints are generated from
a small fraction of the overall number of rentals. He endorsed the City of Palm
Springs' short-term vacation rental program. He feels the City of Cathedral City
has yet to implement a proper enforcement system for their short-term vacation
rental program and it is too premature to ban short-term vacation rentals before
implementing such a system. He urged the City Council to amend the proposed
ordinance to remove the ban on short-term vacation rentals or reject the
ordinance all together.
The following individuals 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 procedure:
Kevin Andrews expressed his concern with unsupervised short-term vacation
rentals in his neighborhood and feels they should be banned in residential areas.
He provided a list of problems he has encountered with short-term vacation
rentals and stated that he has tons of documentation. He urged the City Council
to put residents first.
Warren Grau expressed his concern with the proposed limits on short-term
vacation rentals and feels they should be reconsidered. He also feels that owners
should be allowed to submit three contact phone numbers to be able to respond
quickly to complaints. He also expressed his concern with comments made by
Councilmember Gutierrez.
Keith Haarmeyer expressed his disappointment with the City Council voting to
ban short-term vacation rentals. He advocated for the alternative proposed
solutions submitted by the Short-Term Vacation Task Force and questioned why
the City Council ignored them. He urged the Council to reconsider their decision.
Susan Fish expressed her concern with the City Council's decision to ban short-
term vacation rentals, which she relies on for income. She stated that her entire
life will be turned upside down due to their decision and urged the Council to
come up with a better solution.
Des Lopez stated that she makes a living cleaning vacation rental homes and if
the City bans them, she is unsure of how she will support her family. She also
feels there are many others in the service industry that feel the same way who
have not reached out to the City.
Bonnie Felber expressed her concern with the City Council's decision to ban
short-term vacation rentals. She feels they failed to listen to the public opinion
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and feels that vacation rentals provide an economic boost to the City. She
advocated for the ILCC and the proposals they submitted. She urged the City
Council to rescind their vote and listen to the public.
Ryan Akiba expressed his concern with the proposed phase-out of short-term
vacation rentals. He feels that he as rights as a homeowner and one of those
rights is to rent out his property. He agrees that short-term vacation rentals need
to be regulated to provide high quality of living for all residents.
Mike Fish advocated for 2-bedroom short-term vacation rentals to be allowed to
continue in Cathedral City. He stated that he provided the City Council with
complaint data which shows 2-bedroom short-term vacation rentals have not had
complaints, and he urged them to read it.
Brian Felber expressed his concern with the City Council not listening to both
sides of the issue regarding short-term vacation rentals. He also expressed his
concerns with Councilmember Gutierrez' involvement on social media and feels
he is approving attacks made against short-term vacation rental owners. He
urged the City Council to retract their vote and listen to the proposals from ILCC
and the Short-Term Vacation Rental Task Force.
George Saioc expressed his concern with the City Council's decision to ban
short-term vacation rentals. He also expressed his concern with the Casino
replacing the small businesses in the City.
Robert Magzanyan 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.
Matthew M. Miller stated that he and his wife firmly oppose the City Council's
decision to phase-out short-term vacation rentals. He made suggestions for the
City Council to follow instead of enacting a ban. He expressed his concern with
the increases in licensing fees over the years and would like to feel like they are
benefitting from the fees.
Dr. Gennady Kolodenker expressed his concern with the City Council ignoring
the support from the community for short-term vacation rentals. He stated that
their decision to ban short-term vacation rentals is going to negatively impact the
entire City and urged them to reconsider.
Mark Archacki urged the City Council to be fair to responsible owners of short-
term vacation rentals. He feels that the City should focus on closing illegal rentals
which cause the majority of the problems. He suggested keeping the current
moratorium and grandfathering in existing permitted homes and strictly enforcing
them as a compromise for both sides of the issue.
Robert Kranack feels the City has not properly regulated short-term vacation
rentals in R1 and R2 zones, which set them up for failure. He feels that both
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sides do not want to end up in court and would like to work with the City to
resolve the matter before enacting a ban.
Cynthia Ridley-Grau expressed her concern with the City Council not following
the recommendations of the Short-Term Vacation Rental Task Force. She feels
that many people are affected by COVID-19 and feels the City Council should not
make any changes now. She feels that pool cleaners, housekeepers and local
businesses will be impacted by a ban on short-term vacation rentals. She also
expressed her concern with the City not imposing fines for false complaints made
against short-term vacation rental owners.
Ruth Grau stated that she loves doing short-term rentals as opposed to long-term
rentals as it allows her to use her home as a vacation home. She feels the ban is
unfair and is now faced with losing her home. She also feels that the City should
impose the same rules as the do to every other homeowner when they stay in
their home.
City Clerk Tracey Martinez stated that two comments were received in support of
banning short-term vacation rentals and 24 comments were received in
opposition of banning short-term vacation rentals. Those comments will be
attached to the record according to our standard procedures.
Mayor Pro Tem Raymond Gregory thanked the City Attorney for all of his work
that has been done on the Ordinance. He stated that what has been presented
to the City Council is in line with the direction that was given along with the
explained changes. He looks forward to seeing the Resolutions that will establish
fees and fines, as well as the protocol for complaints. He suggested that the
following language be included regarding parking:
The maximum of one vehicle per bedroom is allowed per short-term vacation
rental, no additional vehicles are permitted whether they are parked on the
property or street.
Councilmember Ernesto Gutierrez thanked the City Attorney and staff for all of
their hard work on this issue. He feels that it is time to move forward. He shared
a story related to a short-term vacation rental and noise complaints. He
requested clarification on ADU's.
City Attorney Eric Vail provided the clarification.
Councilmember Mark Carnevale stated that this has been a long process and it
is not an easy decision to make. He feels that the Council listened to both sides
and have weighed all of the issues and have done their due diligence. He is
ready to move forward.
Councilmember Rita Lamb stated that she concurs with the rest of the Council.
M.O. 2020-117
Cathedral City Page 8 Printed on 9/15/2020
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
PowerPoint presentation and the secondary document during his presentation
and include the additional language presented by Mayor Pro Tem Gregory
related to the number of vehicles allowed to park at the short term vacation rental
property.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Mayor Pro Tern
SECONDER: Ernesto Gutierrez, Councilmember
AYES: Aguilar, Gregory, Carnevale, Gutierrez, Lamb
B. Continuation of Short-Term Vacation Rental Discussion
Mayor Aguilar stated that this is a carry-over item from the Study Session Meeting.
He indicated that staff completed their presentation and that they are now at the
point where Council will make their comments.
Councilmember Mark Carnevale stated that he supports option number four, which
will have the Police Department oversee the Short-Term Vacation Rental
Enforcement Team.
Councilmember Rita Lamb requested that Police Chief George Crum report on
whether or not he feels that having the Police Department oversee the Enforcement
Team is a good suggestion.
Police Chief George Crum responded in the affirmative. He stated that this will allow
24/7 coverage and enforcement.
Mayor Pro Tem Raymond Gregory expressed his concern with officers being over-
qualified to fill these positions. He also feels that it will take a long time to go
through the hiring process. He stated that he believes it makes more sense to have
non-sworn officer's staff the proposed positions. He feels that it makes sense to
have the Police Department and the Finance Department handle everything related
to short-term vacation rentals from licensing to enforcement.
City Manager Charles McClendon stated that what Mayor Pro Tem Gregory is
proposing does make sense and feels that it would be a good option to move
forward with.
Councilmember Mark Carnevale stated that he believes all of code enforcement
should fall under the Police Department and something that should be considered in
the future.
Cathedral City Page 9 Printed on 9/15/2020
Mayor Pro Tern Raymond Gregory agrees with Councilmember Carnevale and that
it should be explored at some time in the future.
Councilmember Rita Lamb asked what a non-sworn officer would look like.
Police Chief Crum responded that they are not post certified.
Councilmember Ernesto Gutierrez supports option number 4 and concurs with the
suggestion of using non-sworn police officers and having the Police Department
oversee the Short-Term Vacation Rental Enforcement Team.
Mayor John Aguilar stated that he concurs with the Council and added to the extent
possible, those employees that have been laid-off due to budget reductions should
be considered to fill the positions.
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 placement to be
determined by the City Manager.
C. Update on Emergency Actions Related to COVID-19
City Manager Charles McClendon gave update on emergency actions related to
COVID-19. He stated that he continues to keep track of the seven-day average of
new confirmed cases of COVID-19 in the City and is happy to report that for the last
three days the new cases per day have been under 10. He feels this is good news
and contributes it to residents and businesses doing a good job wearing masks and
following social distancing guidelines. He feels this is an important first step,
however, he reminded the community that the pandemic is not over and now is not
the time to revert back to old habits. He urged the community to continue washing
their hands, wearing masks and practice social distancing.
The following individuals 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 procedure:
Doug Evans expressed his concern with short-term vacation rentals not following
proper cleaning and occupancy gap guidelines to protect the spread of COVID-19.
He feels it is not safe and asked that the City Council adopt an emergency order to
regulate and fine for the same day short-term vacation rental occupancies.
City Clerk Tracey Martinez stated that one comment was received expressing
concern with short-term vacation rentals spreading COVID-19 and the full comment
will be attached to the record according to our standard procedures.
7. CLOSED SESSION
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Eric Vail, City Attorney announced that the City Council will adjourn to Closed
Session to discuss the following remaining items that were listed on the Study
Session Agenda of August 26, 2020:
18. Conference with Legal Counsel-Anticipated Litigation - Two Cases
1C. Public Employee Appointment- Fire Chief
1D. Conference with Labor Negotiator, AFSCME
The City Council recessed to Closed Session at 8:52 PM
The Council met in Closed Session to discuss the above listed items, there was no
reportable action taken.
ADJOURN
Mayor John Aguilar adjourned the August 26, 2020 Regular City Council meeting at 9:30
PM.
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