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HomeMy WebLinkAboutCC Minutes 2021-09-08 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, September 8, 2021 2:30 PM Pursuant to executive order N-35-20 and N-08-28, this meeting was conducted by videoconference. • CALL TO ORDER The meeting was called to order at 2:30 PM by Mayor Raymond Gregory. • ROLL CALL Attendee Name Title Status Arrived Raymond Gregory Mayor Remote Ernesto Gutierrez Mayor Pro Tem Remote Mark Carnevale Councilmember Remote Rita Lamb Councilmember Remote Nancy Ross Councilmember Remote • AGENDA FINALIZATION • THE CITY COUNCIL WILL RECESS TO CLOSED SESSION AT 2:30 PM 1. CLOSED SESSION Deputy City Attorney Al Ford announced that the City Council will meet in Closed Session to discuss the following items on the agenda: A. Conference with Legal Counsel - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2). Number of Potential Cases: One B. Conference with Legal Counsel - Existing Litigation -Pursuant to Government Code section 54956.9(d)(1) Two matters: Orange County Council of Governments v. Gustavo Velasquez; California Department of Housing and Community Development, et al., Case No. 21 STCP01970 In re National Prescription Opiate Litigation. (Various consolidated case numbers) The City Council recessed to Closed Session at 2:33 p.m. The City Council reconvened at 3:45 p.m. Deputy City Attorney Al Ford announced that the City Council met in Closed Session to discuss Item 1A. Conference with Legal Counsel for one case of anticipated litigation and Item 18. Conference with Legal Counsel for existing litigation for the matters of Orange County Council of Governments v. Gustavo Velasquez and In re National Prescription Opiate Litigation. There was no reportable action taken. 2. PUBLIC COMMENT 3. STUDY SESSION A. Cannabis Tax History and Comparison Data Recommendation: This item is presented for information, discussion and direction only. City Manager Charles McClendon provided an overview of the Cannabis Tax History and Comparison Data for the City since January 1, 2018. He indicated the Rich Eaton, a local retail cannabis outlet, has requested that the City Council consider a "tax holiday" to support the retail businesses in the wake of the pandemic. Rich Eaton, The Vault, stated that due to the pandemic and the black market, the local cannabis retail stores are struggling and he is requesting that the City Council consider offering them a "tax holiday". He presented data of sales and believes that if a "tax holiday" is granted, sales will go up producing more sales tax revenue for the City. He also believes that the issues with the black market can improve if they have more competitive pricing. Nancy McDonald, General Manager OG Collective, supports a Tax Holiday. John Chason, Atomic Budz, supports a Tax Holiday. Councilmember Mark Carnevale feels in order to keep people employed and avoid empty buildings this is an issue they should look at. Councilmember Nancy Ross expressed her concern with the cannabis black market and hopes code enforcement can help with this issue. Mayor Pro Tem Ernesto Gutierrez feels that the revenue numbers indicate that the cannabis industry has done well, and he is not supportive of a tax holiday. Councilmember Rita Lamb expressed her concern with going into the coming years with a deficiency and feels the budget priorities should be focused on providing services to the residents. Mayor Raymond Gregory concurs with Councilmember Lamb that providing city Cathedral City Page 2 Printed on 9/23/2021 services is top priority and the City cannot cut services to help struggling businesses. He expressed his sympathy for the regulations related to cannabis on a state level, however he is not supportive of a tax holiday. There was not a consensus of the City Council to support a "tax holiday" for the cannabis retail stores at this time. B. Review of the Shopping Cart Ordinance and Retrieval Program Recommendation: The Review of the Shopping Cart Ordinance and Retrieval Program is presented for the City Council's information, discussion and direction. Deanna Pressgrove, Environmental Conservation and Public Works Manager provided an overview of the Shopping Cart Ordinance and Retrieval Program. It was the consensus of the City Council to direct staff to pursue the following modifications to the shopping cart ordinance and retrieval program: • Add requirements for follow-up when carts are not accounted for by businesses. • Require retrieval plans to include either a subscription retrieval service or equivalent dedicated staff. • Stop the practice of returning carts to out of city businesses or implement fees if the City must retrieve the carts. ADJOURN Mayor Raymond Gregory adjourned the Study Session Meeting of September 8, 2021, at 5:13 p.m. to September 29, 2021. Ma City o 4dral City City Clerk,kCity of Dathedral Ci Cathedral City Page 3 Printed on 9/23/2021 41 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, September 8, 2021 5:30 PM Pursuant to executive order N-35-20 and N-08-28, this meeting was conducted by videoconference. • CALL TO ORDER The meeting was called to order at 5:30 PM by Mayor Raymond Gregory. • PLEDGE OF ALLEGIANCE Councilmember Nancy Ross led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Rita Lamb offered a moment of reflection. • ROLL CALL Attendee Name Title Status Arrived Raymond Gregory Mayor Remote Ernesto Gutierrez Mayor Pro Tem Remote Mark Carnevale Councilmember Remote Rita Lamb Councilmember Remote Nancy Ross Councilmember Remote • AGENDA FINALIZATION 1. PUBLIC COMMENT Lynda Anderson expressed her opposition to Emergency Order No. 6. Rozalind Holbrook expressed her opposition to Emergency Order No. 6. Mark Durkton expressed his concern with the process for approval of CUP 19-019. 2. COUNCIL REPORTS Councilmember Nancy Ross announced the upcoming Fun-O-Rama event at Ocotillo Park which will be held on October 2, 2021. She reported that she and her husband have dined at the new Agua Caliente Casino, and she is happy to see them doing so well. She reported that the tribe will be working on Phase II, which will include widening the road along Date Palm. They are currently waiting for final Federal Tribal Trust approval to move forward on Phase II. She also reported that the 13.5 acres project is moving along. She reported that the new Amazon facility has nearly finished their demolition phase and will soon be building an exceptional project with a tentative completion date in October. She also reported that a new Kroger gas station project is in early stages of development. She stated that the Tower Market fences are down, this will not be your typical convenience store. She stated that the Cathedral Canyon Bridge project is moving along. She reported that there are so many more projects going on in the City making the City truly one of a kind. Councilmember Rita Lamb announced that International Day of Peace is on September 21, 2021 and the Veterans for Peace Amvets Post 66 will be honoring the 16th International Day of Peace at Miracle Springs Resort and Spa in Desert Hot Springs. She reported that in remembrance of September 11th, the Palm Springs Air Museum will be sponsoring a fly over. She stated that she is very excited about the City's 40th Anniversary celebration, which will include local musician Giselle Woo and the Hot Air Balloon Festival. She announced that the S.C.R.A.P. Gallery will be hosting a Dot Day on September 15, 2021, for those who have children. She reported that she will be attending the next Women's Leadership roundtable hosted by Supervisor Karen Spiegel. She also reported that she will be attending the Greater Coachella Valley Chamber of Commerce All Valley Mayors and Tribal Leaders Luncheon, the Coachella Valley Mountains Conservancy Meeting, and the League of California Cities Annual Conference. She indicated that she had many residents express their concerns related to the Emergency Orders and Code Enforcement issues. She welcomed Andres Perez, Assistant Engineer, and Omar Garcia, Permit Technician I, to the City's family. Councilmember Mark Carnevale stated that he had a light couple of weeks. He reported that he attended the Coachella Valley Mosquito and Vector Control Board meeting and the CVAG Public Safety Committee meeting. He also reported that he along with Councilmember Lamb will be attending a City Hall at Your Corner on September 15, 2021. He also reported that he along with Councilmember Ross met with Fountain Head Development, which was a positive meeting. He announced the upcoming Dinner with Patsi fundraiser, which will be held at Southern Belle. He reported that he will be attending the unveiling of the 9/11 Memorial art piece at the fire station and stated that we should never forget that horrific day. He stated that he and his wife drove around to see the City's parks and he feels they need some improvements. He stated that he spoke to City Manager McClendon regarding possible grant opportunities for installing pickle ball facilities in the City. Mayor Pro Tem Ernesto Gutierrez hopes everyone had a wonderful Labor Day weekend. He reminded everyone to be cautious while driving around schools now that school is back in session. He wished all those born in September a happy birthday. He reported that he met with staff for an update on the 13.5 acres project and the City Manager for the agenda review. He reported on the Special City Council Workshop meeting, where they discussed Desert Recreation District and the Fun-O-Rama event at Ocotillo Park. He reported that he had many residents express concerns related to Emergency Orders, speeding cars and code Cathedral City Page 2 Printed on 9/29/2021 enforcement issues. He also expressed his concerns about going to green energy and the possibilities of blackouts. Mayor Raymond Gregory reported on the recent Special City Council Workshop meeting and stated that he will be attending the Fun-O-Rama event at Ocotillo Park. He reported on the LGBTQ Leadership Summit in Sacramento, which he attended. He also reported that he attended the Greater Palm Springs Association of Realtors meeting and thanked Stone James for his help with that event. He reported that he did some filming for a Find Food Bank project, which will be coming out soon. He also provided an update on the Coachella Valley Signal Synchronization program. He reported that he will be attending the Greater Coachella Valley Chamber of Commerce All Valley Mayor and Tribal Chair Luncheon on September 10, 2021, at Fantasy Springs Resort and Casino. He also reported that he will be attending the 9/11 Memorial art piece unveiling at the fire station and encouraged everyone to attend and bring their masks. He announced that tonight's meeting will be adjourned to September 29, 2021, to accommodate Councilmember Lamb's attendance at the League of California Cities Annual Conference. 3. CONSENT AGENDA A motion was made by Councilmember Carnevale and seconded by Councilmember Lamb to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Gregory, Gutierrez, Carnevale, Lamb, Ross A. Waive Full Reading of Ordinances on Agenda M.O. 2021-125 B. Minutes Approval M.O. 2021-126 1. City Council - Special Meeting -Aug 4, 2021 2:00 PM 2. City Council - Special Meeting -Aug 18, 2021 2:00 PM 3. City Council - Study Session - Aug 25, 2021 3:00 PM 4. City Council - Regular Meeting -Aug 25, 2021 5:30 PM C. NAI Task Orders for State, Federal and City Project Engineering Support and Project Coordination Recommendation: To authorize Task Orders 01 through 08 to NAI Consulting, Inc. (NAI) to assist in the Project Management of the Da Vali Drive Interchange, CDBG Services, Cathedral Canyon Drive Bridge, HSIP Cycle 8, HSIP Cycle 9A , HSIP Cycle 9B, HSIP Cycle 10, and closing out the Local Roadway Safety Plan (LRSP) project, in the not to exceed budget amounts of $29,136, $13,424, $51,382, $12,996, $39,834, $39,834, $43,326, and $2,007, respectively, as part of NAI's On-Call Cathedral City Page 3 Printed on 9/29/2021 Engineering Support Services Contract for State and Federally Funded Projects; and, to authorize Task Order 02 to NAI to assist in the Project Management of ATP Cycle 5 Project, in the not to exceed amount of$40,360, as part of NAI's On-Call Engineering Support Services Contract for City Projects; and authorize the director of Engineering/Public Works to execute all the above cited Task Orders. M.O. 2021-127 D. Proposal with Verde Design for Panorama Park Conceptual Plan Recommendation: To approve a proposal with Verde Design, Inc. in the amount of$6,760 for a Conceptual Design Plan for the Panorama Dog Park; and, authorize the Director of Engineering/Public Works to execute the proposal. M.O. 2021-128 E. m Acceptance of the 2021 Edward Byrne Memorial Justice Assistance p Y (JAG) Grant of$10,212.00 from the Bureau of Justice Assistance Recommendation: To approve acceptance of the Edward Byrne JAG Grant in the amount of$10,212.00 from the Bureau of Justice Assistance, and the execution of the attached 2021 Interlocal Agreement. M.O. 2021-129 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS A. City User and Regulatory Fees Update: Recovering Incurred Costs of Service Recommendation: Pursuant to Council direction provided in the July 28, 2021 and August 25, 2021 Council meetings, Staff recommends the City Council adopt the schedule of user and regulatory fees. The new fees will go into effect on December 1, 2021. Terry Madsen, Principal Consultant Clear Source, provided an overview of the final City User and Regulatory Fees proposed for adoption which includes the direction provided by the City Council on July 28, 2021 and August 25, 2021. Mayor Raymond Gregory opened the Public Hearing for public comments. Gretchen Gutierrez, CEO Desert Valley Builders Association, expressed her concern with the increase in cost to build single family homes in the City. Mayor Raymond Gregory closed the Public Hearing and returned discussion to the City Council. Reso 2021-2021 Cathedral City Page 4 Printed on 9/29/2021 A motion was made by Councilmember Carnevale and seconded by Councilmember Lamb to approve a Resolution of the City Council of the City of Cathedral City adopting a Schedule of User and Regulatory Fees for various City Services, which will be effective December 1, 2021. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Rita Lamb, Councilmember AYES: Gregory, Gutierrez, Carnevale, Lamb, Ross 6. LEGISLATIVE ACTIONS A. Battle in the Desert Amateur Boxing Competition Recommendation: To approve Special Use Permit#21-008 allowing the annual Battle in the Desert Amateur Boxing Competition to take place at the Festival Lawn. M.O. 2021-130 A motion was made byMayor Pro Tem Gutierrez and seconded Y by Councilmember Lamb to approve Special Use Permit #21-008 allowing the annual Battle in the Desert Amateur Boxing Competition to take place at the Festival Lawn. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Mayor Pro Tern SECONDER: Rita Lamb, Councilmember AYES: Gregory, Gutierrez, Carnevale, Lamb, Ross B. Mayoral Rotation Ordinance Update Recommendation: It is recommended that the City Council introduce, read by title, and waive further reading of the proposed ordinance amending Section 2.04.180 of the Cathedral City Municipal Code relating to the rotation appointment of the Mayor and Mayor Pro Tern. M.O. 2021-131 A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tem Gutierrez to introduce the first reading of an Ordinance of the City Council amending Section 2.04.180 of the Cathedral City Municipal Code relating to the rotation appointment of the Mayor and Mayor Pro Tem, read by title only, and waive further reading. Cathedral City Page 5 Printed on 9/29/2021 RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Ernesto Gutierrez, Mayor Pro Tern AYES: Gregory, Gutierrez, Carnevale, Lamb, Ross C. Ordinance Updating Commission and Committee Functions Recommendation: To introduce, waive reading beyond the title, and provide first reading to an ordinance amending sections of the Municipal Code regarding Boards and Commissions. M.O. 2021-132 A motion was made by Mayor Pro Tem Gutierrez and seconded by Councilmember Lamb to introduce an Ordinance of the City of Cathedral city amending Sections 2.06.010, 2.18.030, 2.18.040, and 2.30.040 of the Cathedral City Municipal Code, as amended, read by title only, and waive further reading. RESULT: APPROVED [UNANIMOUS] MOVER: Ernesto Gutierrez, Mayor Pro Tem SECONDER: Rita Lamb, Councilmember AYES: Gregory, Gutierrez, Carnevale, Lamb, Ross D. Update on Emergency Actions Related to COVID-19 Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06. Update on Emergency Actions taken by City, County, State of Federal Agencies. Possible consideration of additional measures to be taken. Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote. City Manager Charles McClendon stated that he now monitors new cases weekly and in the last 8 days the numbers show a decline, which is an improvement over the last couple of weeks. He encouraged the community to keep doing what they are doing to combat this issue. He is not recommending any new action to be taken by the City Council at this time. He provided an overview on the process of discussions with the bargaining units to implement a policy related to vaccination mandates for staff, which should come before the City Council in the next few weeks. Councilmember Mark Carnevale reported that he has received numerous phone calls and letters related to Emergency Order No. 6. He feels that if the numbers permit, he would like to consider releasing the proof of vaccination requirement for bars and restaurants. Councilmember Rita Lamb stated that children under 12 years old cannot get vaccinated and they are depending on the adults in the community to do the right everyone thing. She urged to get vaccinated, wear a mask and wash their hands. 9 rY Cathedral City Page 6 Printed on 9/29/2021 7. CLOSED SESSION 8. DISCUSSION ON FUTURE AGENDA ITEMS M.O. 2021-133 A motion was made by Councilmember Ross and seconded by Councilmember Carnevale to add a future agenda item to discuss wayfarer signs for bicycle lanes, city parks, hiking trails and endangered species. City Manager Charles McClendon stated that staff will prepare an item for discussion for the second meeting in October. RESULT: APPROVED [UNANIMOUS] MOVER: Nancy Ross, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Gregory, Gutierrez, Carnevale, Lamb, Ross ADJOURN 1 Mayor Raymond Gregory adjourned the September 8, 2021, City Council Meeting at 7:28 PM to the September 29, 2021, at 5:30 PM. air A . / .I4 Ma , Cit o 4edral City City Clerk, : .y of Ca hedral City IC Cathedral City Page 7 Printed on 9/29/2021