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HomeMy WebLinkAboutCC Minutes 2022-06-08 litCITY COUNCIL MINUTES Cathedral City Study Session Wednesday, June 8, 2022 3:00 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 This meeting was conducted in person and by Zoom. • CALL TO ORDER The meeting was called to order at 3:00 PM by Mayor Ernesto Gutierrez. • ROLL CALL Attendee Name Title Status Arrived Ernesto Gutierrez Mayor Present 3:00 PM Rita Lamb Mayor Pro Tern Present 3:00 PM Mark Carnevale Councilmember Present 3:00 PM Nancy Ross Councilmember Present 3:00 PM Raymond Gregory Councilmember Present 3:00 PM • AGENDA FINALIZATION There were no changes to the agenda. 1. PUBLIC COMMENT Brad Anderson indicated that he is not in support of the Desert Recreation District and feels his comments in the minutes of May 25, 2022, should be corrected. He indicated that he attended the Planning Commission meeting and feels that people don't know where to go when they come to City Hall to attend meetings. He expressed his concern with the upcoming presentation on Children's Discovery Museum and urged the City to be cautious of private organizations when asking for funding. 2. CLOSED SESSION City Attorney Eric Vail announced that the City Council will meet in Closed Session to discuss the following item on the agenda. A. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of Case and Number: Verano Recovery, LLC Case Number: 2:21-bk-14127-BB The City Council recessed to Closed Session at 3:05 p.m. The City Council reconvened at 3:40 p.m. City Attorney Eric Vail announced the City Council met in Closed Session to discuss Item 2A. Conference with Legal Counsel for one case of existing litigation. There was no reportable action taken. 3. STUDY SESSION A. Presentation -Acrisure Arena/Firebird Hockey Information and Update Recommendation: There is no formal action required for this item. It is a presentation only. Arturo Aviles, Community Engagement Manager of Acrisure Arena, provided information on the arena and the AHL Firebirds, a professional hockey team. The following points were presented: • Oak View Group Background • Developments • Leaders- Tim Leiweke, and Irving Azoff • Partnerships • Progressive, Responsible and Sustainable Venues • Location of Acrisure Area • Traffic Management Plan • Interior Seating and Design • Events • Construction • Website • Coachella Valley Firebirds- Street Hockey, Retail Store, and Tickets This item was for information and discussion only, there was no formal action taken by the City Council. B. Presentation - Children's Discovery Museum of the Desert Recommendation: There is no formal action required for this item. It is a presentation only. Cindy Burreson, Chief Executive Officer, Children's Discovery Museum of the Desert, provided an overview of the museum's history, how the pandemic affected them, their re-imagination project their fundraising efforts and call to action from the City. The following points were presented: • Mission Statement • The Pandemic • Reimagination • Campus Plan Cathedral City Page 2 Printed on 6/16/2022 • CDMoD Children's Museum Concept • Exhibits • Other Cities Offering Support • How Cathedral City Can Help This item was for information and discussion only, there was no formal action taken by the City Council. C. Presentation - Health Assessment and Research for Communities (HARC) Recommendation: There is no formal action required for this item. It is a presentation only. Jenna LeCompte-Hiney, PhD, Chief Executive Officer, HARC, provided information on the sixth triennial Coachella Valley Community Health Survey that will be conducted in 2022, how their data is used to secure outside funding for cities and local non-profits that serve the residents of Cathedral City, and requested that the City Council consider funding for their upcoming survey. This item was for information and discussion only, there was no formal action taken by the City Council. D. 2022 Firework Enforcement and Response Activity Recommendation: Information and Discussion Only Police Commander Jon Enos and Fire Chief John Muhr provided an overview on the 2022 Firework Enforcement and Response Activity plan for the upcoming 4th of July Holiday. The following points were presented: • 4th of July History • Calls for Service • Community Education • Operation Plan • Fire Department Related Plan Mayor Ernesto Gutierrez requested that staff look into the possibility of utilizing drones for enforcement. This item was for information and discussion only, there was no formal action taken by the City Council. ADJOURN Mayor Ernesto Gutierrez adjourned the Study Session meeting at 5:20 p.m. ,f , i :L ( Mayor, City of Cathedral City Clent,JCit of -1Cathedral City Cathedral City Page 3 Printed on 6/16/2022 111 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, June 8, 2022 5:30 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 This meeting was conducted in person and by Zoom. • CALL TO ORDER The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE Councilmember Raymond Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Councilmember Mark Carnevale offered the Invocation. • ROLL CALL Attendee Name Title Status Arrived Ernesto Gutierrez Mayor Present 5:30 PM Rita Lamb Mayor Pro Tern Present 5:30 PM Mark Carnevale Councilmember Present 5:30 PM Nancy Ross Councilmember Present 5:30 PM Raymond Gregory Councilmember Present 5:30 PM • AGENDA FINALIZATION There were no changes to the agenda. 1. PUBLIC COMMENT Dorian Whitney commented on various programs offered by other cities in the Coachella Valley. He feels every city should provide money to their residents. Brad Anderson commented on the Coachella Valley Mosquito and Vector Control Board, and the West Nile Virus, which has been detected in the East Valley. Alexis Romero, Free MMA, provided an brief overview and background of Free MMA, a local business in Cathedral City. She stated that they are struggling and reaching out for help from the City. 2. COUNCIL REPORTS Mayor Pro Tem Rita Lamb reported that she attended the Parks and Community Events Commission meeting and thanked outgoing Commissioner Gary Marshall for all his contributions to the Commission and the City. She stated that Gary has been appointed to serve on the Coachella Valley Conservation Commission Trails Management Subcommittee and recently facilitated a meeting with the Executive Director of Coachella Valley Mountains Conservancy, Jim Karpiak and Doug Evans, a resident, which was a great meeting. He reported that she attended the Mosquito and Vector Control Board meeting, where they discussed their strategic plan. She reported that she attended the AMVETS Memorial Luncheon held at Nicolinos, and thanked Councilmember Mark Carnevale for hosting the event. She reported that she spoke with JoAnne Kennon from the Rotary about the Fields of Valor event, formally known as the Healing Field. She also reported that she met with Ani Gasparyan, from the Desert Sun, who was a delight to talk with. She reported that she attended the Cathedral City High School and Mt. San Jacinto High School street naming ceremony. She announced that she will be attending the upcoming CVAG Conservation Commission meeting, where they will discuss the Multiple Species Habitat project. She reported that she spoke to Karen Riley from the S.C.R.A.P. Gallery, related to developing a list of events to disseminate to the public. She announced that there will be a March for Gun Safety held Nationally at multiple locations throughout the United States on June 11, 2022. She also reported that she received resident inquiries related to code compliance and Little League. She met with Chris Harami, resident, to discuss great ideas for the lower Cove area. Councilmember Raymond Gregory hopes everyone had a good Memorial Day Holiday. He reported that he attended the CVAG Finance Committee meeting, where they did an audit and discussed billing for some of their functions. He reported on the Special City Council meeting held on June 1, 2022, where they interviewed for vacant seats on the Commissions. He along with his colleagues, attended the Cathedral City High School and Mt. San Jacinto High School street naming ceremony. He reported that he attended the CVAG Transportation Commission's ribbon cutting of the Route 60 Truck Lanes. He reported that he attended the Visit Greater Palm Springs kick-off of Restaurant Week. He also reported that he attended the CVAG Transportation Commission meeting and provided an overview on current legislation. He announced that the next "Dinner with Patsi" will be held at the Runway on June 15, 2022, which will benefit the Cathedral City Police Department Explorer Program. He also announced that the Summer Pool Program at Cathedral City High School has started, more information can be found on Discovercathedralcity.com or the Desert Recreation District's website. Councilmember Nancy Ross reported that she attended a party for former Public Arts Commissioner Sue Townsley. She reported that she, along with her husband, spent the Memorial Day Weekend supporting several non-profits. She mentioned it was her son's 32nd birthday. She also reported that she met with her financial executive and took an annual survey with her accountant. She reported that she attended the going away luncheon for Chris Parman and wished him and his Cathedral City Page 2 Printed on 6/16/2022 husband the best of luck. She announced LGBTQ month. She reported that she met with several constituents who are in opposition to a new gas station project in the City and respects their efforts. She stated that she continues to spend time each week assisting a former Commissioner. She, along with her fellow Councilmembers, attended the Cathedral City High School and Mt. San Jacinto High School street naming ceremony. She reported that she spoke with a Parks and Community Events Commissioner, which reminded her that there is still much to do at the City's parks and feels the Commission is doing a great job. She also reported that she attended the festivities for Restaurant Week and ran into Councilmember Raymond Gregory. She reported that she met with Lucas Pinon from Congressman Ruiz' office, where they discussed Cathedral City. She provided a brief overview of Free MMA, a local mixed martial arts business in Cathedral City. Councilmember Mark Carnevale thanked Mayor Pro Tem Rita Lamb for attending the AMVETS Memorial Luncheon hosted at his restaurant. He reported that he attended the Cathedral City High School and Mt. San Jacinto High School street naming ceremony with his fellow Councilmembers. He reported on the June 1, 2022, Special City Council meeting. He also reported that he met with Mr. Howell from Cathedral City High School to discuss the school's band and a program to get new equipment. He reported that he spoke with representatives from Free MMA and plans to provide a donation to them from his discretionary fund. He also reported that he will be donating discretionary funds to the Rotary for the upcoming Fields of Valor, formally known as the Healing Field. He reported that he met with City Manager Charles McClendon and Assistant City Manager Katherine Fuentes to discuss outsourcing some help for the unhoused. He, along with Mayor Gutierrez, met with Police Chief Crum for an update on the homeless. He also met with Stone James, Economic Development Director, for an update on the Suniva project, which should be moving forward soon. He reported that he spoke to representatives from Sage Investments related to a proposed gas station project in the City, which he feels will bring in many benefits to the City. He announced that Monster Shakes is a new business in the City and encouraged everyone to stop by for delicious desserts and to support them. Mayor Ernesto Gutierrez reported that he met with City Manager Charles McClendon and Assistant City Manager Katherine Fuentes for their regular weekly meeting. He reported that he had lunch with Police Chief Crum and later stopped by City Hall to visit Chris Parman on his last day. He also met with Chris Parman and his husband for lunch to thank him and say goodbye. He reported that he met with a developer interested in building a 2024-unit complex within District 4, which was a beautiful project. He reported that he attended the recent Special City Council meeting and the Cathedral City High School and Mt. San Jacinto High School street naming ceremony. He also reported that he attended a lunch meeting with the PSUSD Human Resources Director to discuss some issues at Landau Elementary School, which City staff is working on. He received several resident concerns related to illegal food vendors, noisy neighbors, and street conditions. He also received concerns related to the condition of Varner Road, which is in very bad shape. He spoke with two business owners that are having issues with homeless and is working with staff to try and alleviate the issue. He reported that he met with Ani Gasparyan, from the Desert Sun, who wanted to get to know the Councilmembers, which was a great experience. He reminded everyone, as temperatures rise, to Cathedral City Page 3 Printed on 6/16/2022 contact Southern California Edison at (800)736-4777, for information on discount programs. 3. CONSENT AGENDA A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tern Lamb to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Rita Lamb, Mayor Pro Tern AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory A. Waive Full Reading of Ordinances on Agenda M.O. 2022-106 B. Minutes Approval The Regular City Council meeting minutes of May 25, 2022 will be amended to reflect that Brad Anderson's public comment was in support that the annexation into the Desert Recreation District be taken to a vote of the people. M.O. 2022-107 1. City Council - Special Meeting - May 18, 2022 2:00 PM 2. City Council - Study Session - May 25, 2022 3:00 PM 3. City Council - Regular Meeting - May 25, 2022 5:30 PM 4. City Council - Special Meeting - Jun 1, 2022 2:00 PM C. Fiscal Year (FY) 2022/2023 Appropriations Limit, Gann Initiative Limitation Recommendation: Approve the City's appropriations limit for the FY 2022/2023, Gann Initiative Limitation Reso 2022-23 D. Assessment of Special Assessments Against Properties for Nuisance Abatement Costs Incurred During Fiscal Year 2021-2022 Recommendation: Adopt a Resolution confirming and imposing special assessments against certain properties for recovery of nuisance abatement costs and providing for collection. Brad Anderson expressed his concern with Special Assessments. Reso 2022-24 E. Adopt a Resolution Accepting Public Improvements Completed for Conditional Use Permit CUP 20-018 and Releasing Certain Improvement Securities: Amazon HUB Center, at Southeast Corner of Date Palm Drive and Converse Road: AG Cathedral City Owners, LLC: Developer Recommendation: Adopt the resolution accepting the public improvements Cathedral City Page 4 Printed on 6/16/2022 constructed for Conditional Use Permit CUP 20-018, at the intersection of Date Palm Drive and Converse Road; authorizing the release of certain agreement securities described in the Resolution, and; authorize the Director of Engineering to file a Notice of Completion for the Project. Reso 2022-25 M.O. 2022-108 F. Approval of Settlement Agreement and Amended and Restated Purchase and Performance Agreement Recommendation: Approve the following: 1 . Settlement Agreement, by and between the City of Cathedral City and Verano Recovery, LLC; and 2. Amended and Restated Purchase and Performance Agreement, by and between the City of Cathedral City and Verano Recovery, LLC, relating to the development of portions of Rio Vista Village. M.O. 2022-109 G. Approval of a Resolution to Summarily Vacate an unused five-foot wide Public Utility Easement on Lot 33 and a portion of Lot 32 of Cathedral Estates No. 2, located at the Southwest corner of Victoria Drive and Eagle canyon Drive (Vacation No. 2022-01). Recommendation: Approve and adopt the Resolution summarily vacating all City and public interests in a five-foot wide Public Utility Easement on Lot 33 and a portion of Lot 32 of Cathedral Estates No. 2 Subdivision, located at the southwest corner of Victoria Drive and Eagle Canyon Drive. Brad Anderson commented on the Public Hearing recently held for the Kroger Gas Station site and the transparency of that hearing. Reso 2022-26 H. Triennial On-Call and/or As Needed Service Contract Awards for Graffiti Abatement Services and Traffic Signal Maintenance and Emergency Services Recommendation: Award triennial on-call and/or as needed service contracts to Graffiti Protective Coating, Inc. for Graffiti Abatement Services and annual maintenance costs in the not-to-exceed amount of$69,360; and, Yunex LLC, for base annual Traffic Signal Maintenance and Emergency On-Call Services in the not-to-exceed amount of $41,664; and, authorize the City Manager to execute all required contracts; and authorize the budget amendment of$9,360 for the FY22-23 budget. M.O. 2022-110 Conditional Use Permits No. 20-020 and 20-021: Approval of Improvement Agreement for Completion of Improvements at 68625 Cathedral City Page 5 Printed on 6/16/2022 Perez Road, and Authorization for City Manager and City Clerk to execute the agreement: PCC Cathedral City, LLC (Edlin Kim). Recommendation: 1. Approve the Improvement Agreement with PCC Cathedral City, LLC, for completion of on-site and off-site improvements at 68625 Perez Road, for CUP 20-020 and 20-021; and 2. Authorize the execution of the Agreement by the City Manager and City Clerk, in a form approved by the City Attorney. M.O. 2022-111 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS A. SB 1383 residential roll out program, Amendment to the Franchise Agreement and rate increase request on commercial, residential, and roll-off services. Recommendation: Approve the SB 1383 residential program; Amendment to the Franchise Agreement; rate increase on Commercial, Residential, and Roll-Off Services; and, approve a Resolution approving tax roll billing, the new adjusted rate schedule of fees for roll-off, residential, multi-family and commercial, for the collection, recycling, and disposal of municipal solid waste and residential/commercial recycling. Deanna Pressgrove, Environmental Conservation and Public Works Manager, and Frank Orlett, Vice-President Burrtec Waste and Recycling Services, provided an overview of the SB 1383 Residential Roll Out Program, Amendment to the Franchise Agreement and Rate Increase Request on the Collection of Solid Waste and Recycling Services for Residential, Commercial and Roll-Off Accounts. The following points were presented: • Background • Key Implementation Dates • CalRecycle • Subcommittee Background • Residential Roll Out • Rate Increase Request • Summary of Residential and Commercial Programs • Amendment of Franchises Agreement • Recommendation Deanna Pressgrove, Environmental Conservation and Public Works, stated that staff received 7 protests to the rate increase. Mayor Ernesto Gutierrez opened the Public Hearing to receive public comments, there being none, he closed the Public Hearing and returned discussion to the City Council. Cathedral City Page 6 Printed on 6/16/2022 M.O. 2022-112 Reso 2022-27 A motion was made by Councilmember Carnevale and seconded by Mayor Pro Tem Lamb to approve the SB 1383 residential program; Amendment to the Franchise Agreement; rate increase on Commercial, Residential, and Roll-Off Services; and, approve a Resolution approving tax roll billing, the new adjusted rate schedule of fees for roll-off, residential, multi-family and commercial, for the collection, recycling, and disposal of municipal solid waste and residential/commercial recycling. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Rita Lamb, Mayor Pro Tem AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory B. Annual Renewal of the Lighting & Landscaping District Budget Recommendation: Hold a public hearing, adopt resolutions approving the final engineer's report, and order the levy and collection of annual assessments for the sixteen (16) existing benefit zones for the annual renewal of the Lighting and Landscaping District Budget for FY 2022/2023. Kevin Biersack, Deputy Finance Director, presented an overview on the Annual Renewal of the Lighting and Landscape District Budget. Mayor Ernesto Gutierrez opened the Public Hearing for public comments, there being none, he closed the Public Hearing and returned discussion to the City Council. Reso 2022-28 Reso 2022-29 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Lamb to adopt resolutions approving the final engineer's report, and order the levy and collection of annual assessments for the sixteen (16) existing benefit zones for the annual renewal of the Lighting and Landscaping District Budget for FY 2022/2023. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor Pro Tern AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory 6. LEGISLATIVE ACTIONS A. Cannabis Regulation and Tax Update Recommendation: To approve a resolution amending the cannabis cultivation tax structure and definitions, and to approve a resolution Cathedral City Page 7 Printed on 6/16/2022 establishing exemptions to the cannabis cultivation tax for pre-operational and non-operational businesses. Nick Galyean, Greenscape Engineering, provided a brief overview of the cultivation process and the struggles they have faced. Ken, Greenscape Engineering, urged the City Council to consider using gross receipts for taxation of cultivation. Scott Rusczyk, Coachella Valley Cannabis Network, provided the definition of cultivation. He stated that a tax rate modification is needed. After Council discussion it was the consensus of the City Council that further clarification of taxable areas for cultivators is needed before they adopt a resolution approving exemptions. A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to table the proposed resolution establishing an exemption to the cannabis tax for portions of cannabis cultivation space outside of the canopypursuant to section 3.48.040 of the Cathedral CityMunicipal Code, p for further discussion and language clarification. M.O. 2022-113 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory Scott Rusczyk, Coachella Valley Cannabis Network, expressed his support of this resolution. After Council discussion it was the consensus of the City Council that further clarification related to the exemption of the cultivation tax for non-operation, for 90 days, is needed before they adopt a resolution approving exemptions. M.O. 2022-114 A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to table the proposed resolution establishing exemptions to the cannabis cultivation businesses tax for non-operational cannabis businesses pursuant to section 3.48.040 of the Cathedral City Municipal Code, for further discussion and language clarification. Cathedral City Page 8 Printed on 6/16/2022 RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory B. Award Granite Construction Company for the CDBG Public Improvements Project: Via De Anza Street Improvement Project - Phase 1 Recommendation: Award a contract to Granite Construction in the amount of $470,073.20 for constructing the improvements for the CBDG Public Improvements Project: Via De Anza Street Improvement Project - Phase 1 (C08834); and, approve an eighteen percent (18%) contingency in the amount of $84,613.18 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $554,686.38; and, authorize the City Manager to execute the required contract documents; and, authorize the Director of Public Works to request bonds and insurance for the Project and issue the Notice to Proceed. M.O. 2022-115 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Lamb to award a contract to Granite Construction in the amount of $470,073.20 for constructing the improvements for the CBDG Public Improvements Project: Via De Anza Street Improvement Project - Phase 1 (C08834); and, approve an eighteen percent (18%) contingency in the amount of $84,613.18 for any unforeseeable construction costs; thereby, bringing the total construction budget for this Project to $554,686.38; and, authorize the City Manager to execute the required contract documents; and, authorize the Director of Public Works to request bonds and insurance for the Project and issue the Notice to Proceed. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor Pro Tern AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory C. 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. Cathedral City Page 9 Printed on 6/16/2022 City Manager Charles McClendon provided an update on the current data from Riverside County. He recommended that the City Council take action to extend Resolution 2020-06. M.O. 2022-116 A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Lamb to extend Resolution 2020-06, which proclaims the existence of an emergency situation and local emergency due to the worldwide spread of COVID-19. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Rita Lamb, Mayor Pro Tem AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory 7. DISCUSSION ON FUTURE AGENDA ITEMS 8. CLOSED SESSION ADJOURN Mayor Ernesto Gutierrez adjourned the Regular Meeting of June 8, 2022, at 8:10 p.m. e-LCIte.)-1111171Aati)1,C) ayor, Cityof Cathedral CityCityClerk, of Cathedral City Cathedral City Page 10 Printed on 6/16/2022