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
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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.
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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
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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
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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
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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.
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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.
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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.
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