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HomeMy WebLinkAboutCC Minutes 2022-08-24 44 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, August 24, 2022 3:00 PM City Council Chambers 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 • 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 Tem Absent Mark Carnevale Councilmember Present 3:00 PM Nancy Ross Councilmember Present 3:00 PM Raymond Gregory Councilmember Present 3:00 PM • AGENDA FINALIZATION 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 Real Property Negotiator Pursuant to Government Code Section 54956.8. Property Location: Approximately 13.5 acres south of East Palm Canyon Drive at Date Palm Drive Negotiating Parties: City of Cathedral City as the Successor Agency to the former Redevelopment Agency and the City Urban Revitalization Corporation Property Owner: City Urban Revitalization Corporation Under Negotiations: Price and Terms for potential sale of real property The City Council recessed to Closed Session at 3:01 p.m. The City Council reconvened at 3:24 p.m. City Attorney Eric Vail announced that the City Council met in Closed Session to discuss item 1A. Conference with Real Property Negotiator for Approximately 13.5 acres south of East Palm Canyon Drive at Date Palm Drive, there was no reportable action taken. 2. PUBLIC COMMENT There were no members of the public that wished to speak. 3. STUDY SESSION A. Interview Applicants for the Planning Commission Recommendation: Staff recommends the City Council interview the applicants that have submitted applications for possible appointment to fill one vacant seat on the Planning Commission with a term expiring on June 30, 2023. The City Council conducted interviews to fill a vacant seat on the Planning Commission with a term expiring on June 30, 2023. The following individuals were interviewed: • Rich Malacoff • Danielle Mead It was also noted that an application was received by Christopher Mandarano, who interviewed in June and was not appointed at the time. Mr. Mandarano is interested in serving, however, he was not available to participate in the interview process. The City Council will consider making an appointment during the Regular City Council meeting of August 24, 2022. B. Thousand Palms Fiscal Analysis Recommendation: This item is presented for information, discussion and direction only. Nicole Criste, Terra Nova, provided a review of the 2018 Sphere of Influence Analysis. The following points were presented: • Background • 2018 Conditions • Fiscal Impact Analysis • Revenues & Costs • Police Department Costs • Fire Department Costs • One-Time Costs & Revenues It was the consensus of the City Council to direct staff to bring back a draft "scope of work" summary to review and consider before commencing a request for proposal (RFP) process to secure a consultant to conduct a fiscal analysis. C. Process for Making Appointments to Commissions and Committees Cathedral City Page 2 Printed on 9/07/2022 Recommendation: This item is presented for information, discussion and direction only. City Manager Charles McClendon provided an overview on a proposed process for making appointments to Commissions and Committees. It was the consensus of the City Council to direct staff to move forward with a Council Nomination Process where applications are taken at large, and bring back a Resolution memorializing the process. ADJOURN Mayor Gutierrez adjourned the Study Session meeting of August 24, 2022 at 5:10 p.m. 4e* 1—/--( �j /U/ I 1 JLll :'�L1 . (' 1/1,4c Mayor, City of Cathedral City City Clerk,; ity bf Cathedral City Cathedral City Page 3 Printed on 9/07/2022 44 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, August 24, 2022 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 Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE Councilmember Raymond Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Mayor Ernesto Gutierrez offered the Invocation. • ROLL CALL Attendee Name Title Status Arrived Ernesto Gutierrez Mayor Present 5:30 PM Rita Lamb Mayor Pro Tern Absent Mark Carnevale Councilmember Present 5:30 PM Nancy Ross Councilmember Present 5:30 PM Raymond Gregory Councilmember Present ' 5:30 PM • AGENDA FINALIZATION Staff requested that item 4E Administrative Amendment to the CDBG FY 2022-23 Annual Action Plan be pulled from the Consent Agenda. It was the consensus of the City Council to defer item 4E. Administrative Amendment to the CDBG FY 2022-23 Annual Action Plan to the September 14, 2022, City Council Meeting. 1. SPECIAL PRESENTATIONS - Outgoing Commissioners The City Council presented Gary Marshall with a certificate of appreciation for his service on the Parks and Community Events Commission. Certificates for outgoing Commissioners, Elmer Diaz, Kevin Brandt and Tom Rudolph, who were unable to attend, will be mailed to them. Councilmember Mark Carnevale presented a certificate of recognition to Officers Joseph Brooks and Jeremy Powers for their work as the Cathedral City Police Department Homeless Liaison Officers. 2. PUBLIC COMMENT Bob McKechnie, Chair of the Cathedral City Peace Initiative Committee, shared their process of making Cathedral City an International City of Peace. Rick Saldivar, Catherdral City resident, announced that a youth NFL Flag football league is coming to Cathedral City in October and asked that the City Council help support the League to ensure that it is successful. He also announced that Congressman Ruiz has a plan to roll out youth programs in 2023. He stated that he will be working with youth to engage with local government, and it is his hope that he can work together with the City to bring more youth programs to Cathedral City. Joshua Otteson, NFL Flag Football League, provided an overview of the league that he started in Cathedral City. He would like to see another field for youth sports. He announced that he can be reached at nflflagfootballcc@gmail.com for information on the league. Kenneth Churchill, Westcoast Cannabis Club, commented on the state of the cannabis industry in Cathedral City. He feels that cannabis businesses in the City are struggling and urged the City Council to help make this a city where people can have a successful business. 3. COUNCIL REPORTS Councilmember Nancy Ross reported she along with her husband attended an open house for the Paloma Resort. She announced that she had hand surgery and is doing well. She reported that she along with Mayor Gutierrez and Mayor Pro Tem Lamb attended an event to honor fallen officer Suresh Krause on the 10-year anniversary of his death. She reported that she attended the Dinner with Patsi fundraiser, which was well attended. She announced the upcoming Meatball Festival hosted by the Cathedral City Boys and Girls Club. She reported that she met with different constituents at the Runway, Starbucks, Don and Sweet Sues, and Sunshine Cafe. She reported that she is on the fundraiser committee for the League of California Cities Riverside Division, who will hosting a corn hole tournament, and thanked Burrtec and Burke, Williams & Sorensen for their sponsorship of the event. She urged the public to look at the ballot measures for the upcoming election. She also announced that sadly, today is the 6-month anniversary of the invasion of Russia into Ukraine. Councilmember Raymond Gregory reported that he has had the opportunity to meet with residents and staff since the last meeting. He reported that he attended the open house at the Paloma Resort and encouraged everyone to check it out. He also Cathedral City Page 2 Printed on 9/07/2022 reported that he attended the Lossan Rail Authority Board meeting, as an alternate, the Mobility 21 Summit, and the Riverside County Transportation Commission Implementation and Budget Committee meeting. He reported that he attended the Desert Business Association mixer at the AMP Sports Lounge. He announced that there is an upcoming Special Meeting scheduled for September 1, 2022, to discuss some budget amendments. He urged everyone to remember all those who labor during the Labor Day Holiday weekend. He welcomed newly hired Ryan Hunt, Communications and Events Manager. Mayor Ernersto Gutierrez reported that he met with the Bob McKechnie, Chair of the Cathedral City Peace Initiative Committee, to discuss the peace initiative. He reported that he attended an event to honor fallen officer Suresh Krause on the 10- year anniversary of his death, which was well attended. He also reported that he attended the League of California Cities Mayor's meeting, where they discussed water shortages in California and provided a brief overview of ways to conserve water. He reported that he met with representatives for the Veterans Village development to discuss the project. He spent many hours speaking with residents related to various issues. He also met with the City Manager and Police Chief Crum to discuss various issues including businesses and code enforcement. He congratulated Councilmember Mark Carnevale and Councilmember Raymond Gregory for seeking reelection with no opposition in the upcoming election. He announced the upcoming soft opening of Luchador Brewing Company on August 27, 2022. He stated that he had an opportunity to visit many of the businesses in District 4 to discuss issues they may be having, which included major issues with the homeless. He feels the City should do more to help businesses that are having issues with the homeless. 4. CONSENT AGENDA A motion was made by Councilmember Carnevale and seconded by Councilmember Ross to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory ABSENT: Rita Lamb A. Waive Full Reading of Ordinances on Agenda M.O. 2022-142 B. Minutes Approval M.O. 2022-143 1. City Council - Special Meeting - Aug 3, 2022 5:00 PM 2. City Council - Study Session - Aug 10, 2022 3:00 PM 3. City Council - Regular Meeting - Aug 10, 2022 5:30 PM Cathedral City Page 3 Printed on 9/07/2022 C. Receive and File Payment of Claims and Demands for July 2022 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$29,374,829 for the month of July 2022. M.O. 2022-144 D. Purchase of two vehicles for personnel assigned to East Pact Recommendation: To authorize staff to purchase two vehicles from Palm Springs Motors, which will be utilized by CCPD staff assigned to East PACT. A 2017 Ford Explorer Base and 2018 Honda Accord LX fora total price of$61,108.95. M.O. 2022-145 F. Triennial Contract for Miscellaneous Concrete Installation and Repair Services Recommendation: Award triennial on-call and/or as needed service contracts to: Desert Ants Engineering, Inc. for Miscellaneous Concrete Installation and Repair Services; and Authorize the City Manager to execute the Agreement. M.O. 2022-146 5. ITEMS PULLED FROM CONSENT E. Administrative Amendment to the CDBG FY 2022-23 Annual Action Plan Recommendation: To approve an Administrative Amendment to City's FY 2022- 23 Community Development Block Grant (CDBG) Annual Action Plan (AAP) to allocate remaining and unused CDBG/ CDBG-CV funds to supplement Via De Anza Phase II and Cathedral City Senior Center for submittal to the U.S. Department of Housing and Urban Development (HUD). This item was deferred to the September 14, 2022, City Council Meeting. 6. PUBLIC HEARINGS A. Zone Ordinance Amendment No. 22-002, Change of Zone No. 21-001 Recommendation: To introduce and provide first reading, by title only, ordinances approving Zone Ordinance Amendment No. 22- 002 and Change of Zone No. 21-001; amendments associated with the adoption of the General Plan and Housing Element Updates and other minor text amendments to Title 9 (Planning and Zoning). City Attorney Eric Vail announced that this item will be heard and discussed as two separate items. Cathedral City Page 4 Printed on 9/07/2022 Councilmember Raymond Gregory recused himself from the discussion of the proposed Change of Zone No. 21-001 Ordinance. Robert Rodriguez, Director of Planning/Building, provided the staff report on the proposed Change of Zone No. 21-001 Ordinance. The following points were presented: • City's Zoning Map • General Plan Update Adopted by City Council on July 28, 2021 • 2040 Plan for the City • North Landau Blvd, Zoning: 1-1 & OS, Boundary Change • North DaVall Dr, Existing Zoning: RM, 1-1, Proposed Zoning: RM, 1-1 & BP • Canyon Plaza, Perez Rd, Existing Zoning: OS & PCC, Proposed Zoning: OS, PCC & BP • North City Specific Plan Extended, Existing Zoning: MU-N, Proposed Zoning: 1-1 • Downtown, Existing Zoning: MXC, Proposed Zoning: OS (Recognize Existing Parks) • Bankside Dr, Zoning: PCC & CBP-2, Boundary Change • Vista Chino & Landau Blvd, Existing Zoning: R2, Proposed Zoning: R3 • Date Palm Dr, Existing Zoning: PCC, Proposed Zoning: RM • Housing Element Adopted by City Council on May 25, 2002 • Housing Needs of the City • Acres: 29.41, Zoning: R2 to R3, Units/Acre: 10 to 20, Potential of 588 Units • Acres: 7.06, Zoning: R2 to R3, Units/Acre: 10 to 20, Potential of 141 Units • Acres: 47, Zoning: 1-1, Map the P/IH Overlay, Uses same as 1-1 • Supportive & Transitional Housing, Low Barrier Navigation Center Mayor Ernesto Gutierrez opened the Public Hearing to receive public comment, seeing none, he closed the Public Hearing and returned discussion to the City Council. M.O. 2022-147 A motion was made by Councilmember Carnevale and seconded by Councilmember Ross to introduce and provide first reading, by title only, Change of Zone Ordinance of the City Council of the City of Cathedral City, California, Amending the Official Zoning Map. Cathedral City Page 5 Printed on 9/07/2022 RESULT: APPROVED [3 TO 0] MOVER: Mark Carnevale, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross ABSENT: Rita Lamb RECUSED: Raymond Gregory Councilmember Raymond Gregory rejoined the meeting for the discussion of the proposed Zone Ordinance Amendment No 22-002. Robert Rodriguez, Director of Planning/Building, provided the staff report on the proposed Zone Ordinance Amendment No. 22-002. The following points were presented: • Title 9 (Planning and Zoning) of the Municipal Code • New & Revised Definitions • Permitted Uses (Residential Zones) • Accessory Dwelling Unit (AD U) & Junior Dwelling Unit (JADU) • 2022 Council Goal • Start with Title 9 (Planning and Zoning) • Eliminated Chapters not Used • Revised Definitions (for clarity) • Consistency • Development Standards (for clarity) • Housing Element and General Plan • Parking Standards • Lighting- Shielding • Legal & Other Updates • STVR (Short-Term Vacation Rentals) • Planning Commission Mayor Gutierrez opened the Public Hearing to receive public comments. Lisa Kennedy expressed her support and urged approval by the City Council. Roberta Bye expressed her support and urged approval by the City Council. Mayor Ernesto Gutierrez closed the Public Hearing and returned discussion to the City Council. Councilmember Gregory requested that the charts in section 9.106.070 be amended to reflect the 2020 census data. He also requested that staff review section 9.94.070 Processing, to ensure City Council has final approval over the items listed in that section. M.O. 2022-148 Cathedral City Page 6 Printed on 9/07/2022 A motion was made by Councilmember Gregory and seconded by Councilmember Ross to provide the first reading, by title only, an ordinance approving Zone Ordinance Amendment No. 22-002, an Ordinance of the City Council of the City of Cathedral City Amending Title 9 of the Cathedral City Municipal Code Pursuant to the adoption of the General plan and Housing Element Updates. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory ABSENT: Rita Lamb 7. LEGISLATIVE ACTIONS A. Appointment to Planning Commission Recommendation: Make an appointment to the Planning Commission with a term continuing to June 30, 2023. M.O. 2022-149 A motion was made by Councilmember Carnevale and seconded by Councilmember Gregory to appoint Richard Malacoff to fill an unexpired seat on the Planning Commission with a term continuing to June 30, 2023. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Raymond Gregory, Councilmember AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory ABSENT: Rita Lamb B. Century Park Renovation Project Recommendation: Authorize the City Manager to execute the documents required for the refurbishing of the existing Century Park playground equipment and replacement of the playground soft surface topcoat by Miracle Recreation Company, in the amount of$116,834.35; and, purchase and install a USA Shade & Fabric Structures, Inc. shade structure to cover the playground in the amount of$110,824.03; and Authorize the Director of Engineering/Public Works and Administrative Services Director to execute all required quotes and proposals for the labor and materials to complete the Project including tables, benches, and grills in the amount of $25,034.79 and the replacement of the shade structures roofing systems in the amount of$21,382.00, respectively, Cathedral City Page 7 Printed on 9/07/2022 for a Project total of$301,482.69, which includes a 10% contingency for unforeseen construction related expenses all to be funded from FY 2021-22 and 22-23 Parks Improvement and Maintenance Plan, Environmental Conservation Fund 246 and current FY Park Maintenance Budget 100-8301. M.O. 2022-150 A motion was made by Councilmember Carnevale and seconded by Councilmember Ross to authorize the City Manager to execute the documents required for the refurbishing of the existing Century Park playground equipment and replacement of the playground soft surface topcoat by Miracle Recreation Company, in the amount of$116,834.35; and, purchase and install a USA Shade & Fabric Structures, Inc. shade structure to cover the playground in the amount of $110,824.03; and authorize the Director of Engineering/Public Works and Administrative Services Director to execute all required quotes and proposals for the labor and materials to complete the Project including tables, benches, and grills in the amount of $25,034.79 and the replacement of the shade structures roofing systems in the amount of $21,382.00, respectively, for a Project total of $301,482.69, which includes a 10% contingency for unforeseen construction related expenses all to be funded from FY 2021-22 and 22-23 Parks Improvement and Maintenance Plan, Environmental Conservation Fund 246 and current FY Park Maintenance Budget 100-8301. RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory ABSENT: Rita Lamb C. IT Assessment and Master Plan Recommendation: Approve a Professional Services Agreement with Client First Technology Consulting to develop and provide a Comprehensive Information Technology (IT) Assessment and IT Master Plan in the amount of$78,880 plus a 10% contingency of$7,888 for a total budget amendment not to exceed $86,768. M.O. 2022-151 A motion was made by Councilmember Ross and seconded by Councilmember Carnevale to approve a Professional Services Agreement with Client First Technology Consulting to develop and provide a Comprehensive Information Technology (IT) Assessment and IT Master Plan in the amount of$78,880 plus a 10% contingency of$7,888 for a total budget amendment not to exceed$86,768. Cathedral City Page 8 Printed on 9/07/2022 RESULT: APPROVED [UNANIMOUS] MOVER: Nancy Ross, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory ABSENT: Rita Lamb The City Council recessed at 7:40 p.m. The City Council reconvened at 7:45 p.m. D. First Reading Cannabis Ordinance Amendment Chapter 5.88 Recommendation: To introduce, waive reading beyond the title, and provide first reading to an ordinance amending Chapter 5.88 of the municipal code regarding the regulation of cannabis businesses. M.O. 2022-152 A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to introduce, waive reading beyond the title, and provide first reading to an ordinance amending Chapter 5.88 of the municipal code regarding the regulation of cannabis businesses. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Councilmember AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory ABSENT: Rita Lamb E. Resolution Establishing Fines for Violations of Cannabis Business Regulations Recommendation: To approve a resolution establishing fines for violations of cannabis business regulations. Reso 2022-45 A motion was made by Councilmember Carnevale and seconded by Councilmember Ross to approve a resolution establishing fines for violations of cannabis business regulations. Cathedral City Page 9 Printed on 9/07/2022 RESULT: APPROVED [UNANIMOUS] MOVER: Mark Carnevale, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory ABSENT: Rita Lamb F. Resolution Regarding Propositions 26 and 27 Recommendation: To consider resolutions related to Propositions 26 and 27. Reid Milanovich, Chairman of the Agua Caliente Band of Cahuilla Indians, provided an overview of Proposition 26 and 27 as well as the Tribe's position on both. John Plata, General Counsel Agua Caliente Band of Cahuilla Indians, provided an overview of the gaming negotiated contracts with the State of California. He also indicated that there will be no direct compensation to the City through Proposition 26. Sunshine Herrera, Cathedral City Resident, expressed her appreciation for what gaming has brought to her and her family. She feels that gaming affects the City and urged the Council to join the Tribe's efforts. A motion was made by Councilmember Carnevale and seconded by Mayor Gutierrez to approve resolutions related to Propositions 26 and 27. A substitute motion was made by Councilmember Gregory and seconded by Councilmember Ross to take no position on Proposition 26 and Proposition 27. RESULT: FAILED [2 TO 2] MOVER: Raymond Gregory, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Nancy Ross, Raymond Gregory NAYS: Ernesto Gutierrez, Mark Carnevale ABSENT: Rita Lamb The City Council proceeded to vote on the original motion. Cathedral City Page 10 Printed on 9/07/2022 RESULT: FAILED [2 TO 2] MOVER: Mark Carnevale, Councilmember SECONDER: Ernesto Gutierrez, Mayor AYES: Ernesto Gutierrez, Mark Carnevale NAYS: Nancy Ross, Raymond Gregory ABSENT: Rita Lamb It was the consensus of the City Council to table this item until the next meeting when they have a full quorum. G. 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 indicated that there is nothing to report as the number of confirmed cases continue to decrease and does not recommend any action at this time. He indicated that he only has preliminary data on Monkeypox outbreak and he will be monitoring the situation. 8. DISCUSSION ON FUTURE AGENDA ITEMS Councilmember Mark Carnevale requested that an item be agendized to discuss the retail cannabis tax situation. It was the consensus of the City Council to direct staff to hold a Cannabis Task Force meeting to discuss and access new information related to retail cannabis tax and bring back to the City Council for review. 9. CLOSED SESSION ADJOURN Mayor Ernesto Gutierrez adjourned the August 24, 2022, Regular City Council meeting at 8:25 p.m. e-lG-s6- 4". \ t ,6 PO hi A, v p."1 Mayor, City of Cathedral City City ClerkrSity of Cathedral City Cathedral City Page 11 Printed on 9/07/2022