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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 Cathedral City Page 4 Printed on 9/30/2020 placement to be determined by the City Manager. ADJOURN Mayor John Aguilar adjourned the August 26, 2020 Study Session Meeting at 5:25 PM. \ /(,fit_ I,f C�'-e__1 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 Cathedral City Page 3 Printed on 9/15/2020 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. Cathedral City Page 4 Printed on 9/15/2020 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 Cathedral City Page 5 Printed on 9/15/2020 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 Cathedral City Page 6 Printed on 9/15/2020 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 Cathedral City Page 7 Printed on 9/15/2020 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 Cathedral City Page 10 Printed on 9/15/2020 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. 0 ., Mayor, ty of Cathe.al City City Cler c, City of Cathedral City Cathedral City Page 11 Printed on 9/15/2020