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HomeMy WebLinkAboutCC Minutes 2022-11-30 41 CITY COUNCIL MINUTES Cathedral City Study Session Wednesday, November 30, 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 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 City Manager Charles McClendon announced that item 1A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6, would be pulled from the agenda. 1. CLOSED SESSION A. Conference with Labor Negotiator Pursuant to Government Code Section 54956.6 Agency Negotiator: Charles McClendon, City Manager Represented Employees: AFSCME - American Federation of State, County and Municipal Employees This item was pulled from the agenda. 2. PUBLIC COMMENT There were no members of the public that wished to speak. 3. STUDY SESSION A. Presentation - Update on the Coachella Valley Rail Project Recommendation: This is a presentation only. There is no formal action required. Aaron Hake, Deputy Executive Director for Riverside County Transportation Commission, provided an update on the Coachella Valley Rail Project. The following points were presented: • Overview of the Project • Purpose and Process • Status of the Project • Tier 2 EIS/EIR Overview • Continued Outreach • Next Steps This item was for discussion and information only, there was no formal action taken by the City Council. B. Agua Caliente Tribal Food and Beverage Sales Tax Agreement Recommendation: This item is presented for information, discussion and direction only. Robert Tucker, Agua Caliente Band of Cahuilla Indians, provided an overview on the Agua Caliente Tribal Food and Beverage Sales Tax Agreement. The following points were presented: • CDTFA Regulations 1616 • ACBCI Food and Beverage Sales Tax Facts • City Allocation This item for was discussion and information only, there was no formal action taken by the City Council. C. FY 2022/2023 CDBG Sidewalk Repair Assistance Program Recommendation: Staff will be presenting Cathedral City's FY 2022-2023 Community Development Block Grant (CDBG) Sidewalk Repair Assistance Program for City Council review, discussion, and direction. Armando Baldizzone, City Engineer, provided an overview on the CDBG Sidewalk Repair Assistance Program. The following points were presented: • Background of the Program • Sidewalk Code Violation Examples • Program • HUD LMI by Census Block Group Map 2022 • Identification • Program Eligibility Requirements • Program Documents • Program Flow Chart Cathedral City Page 2 Printed on 12/14/2022 • Fiscal Impact • Proposed Future Item on Corner Ramps This item was for discussion and information only, there was no formal action taken by the City Council. The City Council recessed at 4:04 p.m. The City Council reconvened at 4:09 p.m. D. Cannabis Task Force Update Recommendation: This item is presented for information, discussion and direction only. City Manager Charles McClendon provided a Cannabis Task Force update. The following points were presented: • Total Cannabis Taxes • Retail Cannabis Taxes • Coachella Valley Retail Tax Rates • Coachella Valley Cultivation Tax Rates • Coachella Valley Manufacturing Tax Rates • Task Force Discussion • Recommendations Kenneth Churchill, West Coast Cannabis Club, provided information on the tax structure of other cities in California. He urged the City Council to reduce retail cannabis taxes. Jocelyn Kane CVCAN, urged the City Council to reduce cannabis taxes. Paula Turner discussed cultivation tax and how other cities tax those facilities. She urged the City Council to reduce cannabis taxes. Robert Lowe, Greenscape, expressed his concern about the cannabis industry and urged City Council to reduce cannabis taxes. Jeremy Goodlander, Atomic Budz, expressed his concern with potentially losing his employment as a cannabis worker and urged the City Council to help. Lisa Goldfine, Double Eye Dispensary, expressed her concern with the current tax rate and urged the City Council to reduce retail cannabis taxes. John Ramistella, Desert Kush, has not made a dollar with his business and urged the City Council to take that into consideration. Mayor Ernesto Gutierrez expresses the importance of the City's budget and resources. He also expressed his support of a tax reduction in a balanced way that the City's budget can accommodate. He also feels the Council should act sooner than later. Cathedral City Page 3 Printed on 12/14/2022 Councilmember Mark Carnevale expressed support of the Task Force's recommendation and feels the Council should act now. He urged the businesses to do their part to revamp their businesses during these challenging times, as it is not the City's job to make sure their businesses are a success. Councilmember Raymond Gregory expressed the importance of recognizing that the voters were promised a public benefit with regards to cannabis in the City. He expressed his concern and that he may be willing to support reduced rates that will be in the best interest of the City and the residents, while remaining competitive with the rest of the Valley. He also feels it is premature to act now and suggests monitoring the situation. Councilmember Nancy Ross expressed the need for a better understanding of the whole picture and how a reduction will affect businesses and the City, in order for her to make an educated decision, however, she would support her fellow Councilmembers if they chose to move forward with a tax reduction at this time. Mayor Pro Tem Rita Lamb stated that she has looked at the data and knows the businesses are hurting. She feels there are other factors also contributing to the issue, however, she does not want to lose this industry. She suggested staff analyze further to provide the Council with options on how to best move forward. It was the consensus of the City Council to direct staff to work with industry members and staff to evaluate how a tax reduction would affect their bottom line, and how it would affect the City's budget. ADJOURN Mayor Ernesto Gutierrez adjourned the Study Session meeting at 5:22 p.m. 2i- - > i?-7 AC) Mayor, City of Cath' dral City City Clerk, y Cathedral City Cathedral City Page 4 Printed on 12/14/2022 CITY COUNCIL MINUTES Cathedral City Regular Meeting Wednesday, November 30, 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 Mayor Ernesto Gutierrez led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION) Mayor Pro Tern Rita Lamb offered a moment of silence for Councilmember Gregory's mother, who recently passed away. • ROLL CALL Attendee Name Title Status Arrived Ernesto Gutierrez Mayor Present 5:30 PM Rita Lamb Mayor Pro Tem 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. • SPECIAL PRESENTATION - Special Recognition Henry Chan The City Council presented outgoing City Treasurer, Henry Chan, with a Certificate of Recognition for his 20 years of service to the City. 1. PUBLIC COMMENT Corwin DeVeas expressed his concern with the lack of appreciation and comments that were made by members of the Police Department related to meals that were provided by Councilmember Carnevale and Mayor Gutierrez. 2. COUNCIL REPORTS Councilmember Raymond Gregory reported that he attended the Veterans Village grand opening, Fields of Valor event, the Hot Air Balloon Festival, and the CVAG Public Safety Committee meeting, where he introduced Fire Chief Contreras. He also attended the Dinner with Patsi at Meester Zebra along with other members of Council, which benefited the Cathedral City Senior Center. He reported that he attended and chaired the Riverside County Transportation Commission Budget and Implementation Committee meeting. He also reported that he attended the Police Officers and Public Safety Awards. He announced the upcoming City Hall at Your Corner, which will be held on December 6, 2022 at 2:00 p.m., the Mayor's Tree lighting, which will be held on December 7, 2022 at 5:00 p.m., and the Special City, which will be held on December 13, 2022 4:30 p.m. Mayor Pro Tern Rita Lamb reported that she attended the Veterans Village grand opening. She also reported that she attended the Fields of Valor event, and recognized Jo Anne Kennon for her efforts. She read the obituary for Buford Crites, who passed away on November 12, 2022. She announced that the Cathedral City High School Chamber Singers will be performing holiday songs at the Tram on December 9, 2022 from 5:00 to 7:00 p.m. Councilmember Mark Carnevale reported that he along with Robert Rodriguez, Planning/Building Director, met with the owners of the Sunniva project to discuss their plans to redesign of their building. He reported that he attended multiple meetings related to the Chamber of Commerce agreement, along with Councilmember Ross, which went well. He reported that he and his wife cooked Thanksgiving Dinner for the veterans at the new veteran's facility, who were very appreciative. He reported that he attended the Evening Rotary meeting where they discussed the upcoming Mayor's Golf Tournament. He also reported that he attended the Fields of Valor event, which was amazing. He announced that he will be attending the Chanukah celebration at Boomers, which is always a lot of fun. He reported on the Homeless Liaison Officers most recent accomplishments. Councilmember Nancy Ross reported that she is still recovering from being sick. She reported that she loved the Hot Air Balloon Festival. She was able to ride in one of the balloons with Conrad Corral and thanked him. She reported that she attended the Fields of Valor event, which was awesome. She shared information on her father and husband who both served in the Military, and is very proud of them. She reported that she has completed her Leadership Academy and learned so much. She also reported that she conducted applicant interviews for the vacant seat on the Public Arts Commission. Both applicants were great, which made her decision difficult. She announced that she will be taking two trips to Washington DC to represent things she is interested in and to meet with Congressional allies. She commented on her Thanksgiving, which she feels was the best Thanksgiving ever. She reported that she attended Dinner with Patsi and the Police Officers and Public Safety Awards. She will be attending the upcoming City Hall at Your Corner. She reported on the recent meetings she took with constituents, businesses and Commissioners. She announced that she will be recognizing those involved with Cathedral City Page 2 Printed on 12/08/2022 bringing the Jurassic Wonders to the City at the City Council meeting on December 14, 2022. Mayor Ernesto Gutierrez reported that he spent Thanksgiving with his family, which is his favorite holiday of the year. He reported that he attended the grand opening of the Veterans Village, where he heard some very compelling stories from the Veterans and their families. He also attended the Fields of Valor, which was a great event. He reported that he met with the City Manager and the Police Chief. He also reported that he attended the Hot Air Balloon Festival and enjoyed the Pink Floyd cover band which sounded amazing. He reported that he spoke with a Veteran who was facing homelessness and was able, along with Officer Powers, to get him help with resources. He thanked Robert Rodriguez, Planning/Building Director, for his assistance with a local business owner who is in the process of relocating his business. He also reported that he met with a local cannabis business owner where they discussed the issues his business is currently facing. He reminded everyone as temperatures drop, for those who qualify, Southern California Gas provides up to 20% off on their gas bill. For more information call at 1-800-427-2200. 3. CONSENT AGENDA A motion was made by Councilmember Gregory and seconded by Councilmember Ross to approve the following Consent Agenda items: RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory A. Waive Full Reading of Ordinances on Agenda M.O. 2022-192 B. Minutes Approval M.O. 2022-193 1. City Council - Study Session - Nov 9, 2022 3:00 PM 2. City Council - Regular Meeting - Nov 9, 2022 5:30 PM C. Receive and File Payment of Claims and Demands for October 2022 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency, the Housing Successor Agency, the Cathedral City Public Finance Authority Board, and the Cathedral City Downtown Foundation Board receive and file payment of claims and demands in the aggregate sum of$5,159,952.09 for the month of October 2022. M.O. 2022-194 Cathedral City Page 3 Printed on 12/08/2022 D. Approval of Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians regarding the Date Palm Drive Pavement Rehabilitation Project Recommendation: To authorize the City Manager to execute the attached Subcontractor Services Agreement with the Agua Caliente Band of Cahuilla Indians (ACBCI) regarding the Date Palm Drive Pavement Rehabilitation Project. M.O. 2022-195 E. Ratify the Nomination of Danielle Mead by Councilmember Raymond Gregory to serve on the Historic Preservation Committee and appoint her to fill the unexpired term continuing through June 30, 2025 Recommendation: Ratify the nomination of Danielle Mead by Councilmember Raymond Gregory to serve on the Historic Preservation Committee and appoint her to fill the unexpired term continuing through June 30, 2025. M.O. 2022-196 F. License Agreement with the Riverside County Flood Control District and Water Conservation District (RCFCD) for the Operation and Maintenance of the Ramon Road Bridge Widening Project (EP 3382). Recommendation: To approve a license agreement with Riverside County Flood Control and Water Conservation District (RCFCD) for the Operation and Maintenance of the Ramon Road Bridge Widening Project; and, authorize the City Manager to execute all necessary documents. M.O. 2022-197 G. Second Reading and Adoption of an Ordinance Adding Chapter 8.62 (Historic Preservation) to the Cathedral City Municipal Code Recommendation: To provide second reading and adopt an Ordinance adding Chapter 8.62 - Historic Preservation - to the Cathedral City Municipal Code. Ord 865 H. Purchase of two (2) 2022 Ford F-250 4x4 Crew Cab Trucks for the Public Works and Engineering Department Recommendation: To authorize the purchase of two (2) 2022 Ford F-250 4x4 Crew Cab Pick Up Trucks, with emergency lighting, radio and computer equipment, as replacements for the Public Works and Engineering Departments, respectively, at a total cost of$130,769.22; and authorize the City Manager, or his designee, to execute all required documents for the purchases. M.O. 2022-198 ASSEMBLY BILL (AB) 1600 FISCAL YEAR (FY) 2021/2022 DEVELOPMENT IMPACT FEE REPORT Cathedral City Page 4 Printed on 12/08/2022 Recommendation: To approve a resolution accepting the Annual Assembly Bill (AB) 1600 Development Impact Fee Report for the Fiscal Year 2021/2022 Reso 2022-55 J. California SB 165, Government Code (GC) 50075.1 Fiscal Year (FY) 2021/2022 Report for CFD 2006-1 Recommendation: Receive and File the Annual FY 2021/2022 California Senate Bill (SB) 165, Government Code (GC) Section 50075 Community Facilities District (CFD) 2006-1 Revenues and Expenditures Report M.O. 2022-199 4. ITEMS PULLED FROM CONSENT 5. PUBLIC HEARINGS A. 2022 Building and Fire Codes Adoption Recommendation: To conduct a public hearing, provide second reading, and adopt an ordinance adopting by reference the 2022 editions of the California Building and Fire Codes including local additions and amendments, with the requisite findings in support of local additions and amendments to the codes. City Manager Charles McClendon introduced the ordinance for second reading. 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. Ord 866 A motion was made by Mayor Pro Tem Lamb and seconded by Councilmember Gregory to approve the second reading, and adopt an ordinance adopting by reference the 2022 editions of the California Building and Fire Codes including local additions and amendments, with the requisite findings in support of local additions and amendments to the codes. RESULT: APPROVED [UNANIMOUS] MOVER: Rita Lamb, Mayor Pro Tem SECONDER: Raymond Gregory, Councilmember AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory 6. LEGISLATIVE ACTIONS A. Adopt a Resolution authorizing the City of Cathedral City's Code Compliance Division to serve as the enforcement agency for AB 1276 (Single-Use Foodware Accessories and Condiments) within the City of Cathedral City, California Cathedral City Page 5 Printed on 12/08/2022 Recommendation: To adopt a Resolution authorizing the City of Cathedral City's Code Compliance Division to serve as the enforcement agency for AB 1276 (Single-Use Foodware Accessories and Condiments) within the City of Cathedral City, California. Reso 2022-56 A motion was made by Mayor Pro Tem Lamb and seconded by Councilmember Gregory to approve the To adopt a Resolution authorizing the City of Cathedral City's Code Compliance Division to serve as the enforcement agency for AB 1276 (Single-Use Foodware Accessories and Condiments) within the City of Cathedral City, California. RESULT: APPROVED [UNANIMOUS] MOVER: Rita Lamb, Mayor Pro Tern SECONDER: Raymond Gregory, Councilmember AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory B. North City Specific Plan Economic Development Resolution Recommendation: To approve this Economic Development Resolution to facilitate development within the North City Specific Plan (NCSP) and the North City Extended Specific Plan (NCESP). Rob Bernheimer, Attorney Representing Katrina Heinrich, property owner in the North City area, thanked the City Council, commended staff and expressed his support of the Resolution. Reso 2022-57 A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to approve a Resolution of the City Council to facilitate development within the North City Specific Plan (NCSP) and the North City Extended Specific Plan (NCESP). RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Mark Carnevale, Councilmember 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. Cathedral City Page 6 Printed on 12/08/2022 Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote. City Manager Charles McClendon provide an update on emergency actions related to COVID-19, Monkeypox and Respiratory Syncytial Virus (RSV). He reported that there has been an increase in case which is normal for this time of year. He recommends that the City Council take action to extend Resolution 2020-06. City Attorney Eric Vail stated that the Governor has announced that he will be terminating the State Emergency Order in February of 2023. Once that occurs the City's emergency order will also have to terminate or be based on specific facts related to either a County declared emergency or a City specific emergency. M.O. 2022-200 A motion was made by Councilmember Gregory and seconded by Councilmember Ross to extend Resolution 2020-06, which proclaims the existence of an emergency situation and local emergency due to the worldwide spread of COV/D-19. RESULT: APPROVED [UNANIMOUS] MOVER: Raymond Gregory, Councilmember SECONDER: Nancy Ross, Councilmember AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory 7. DISCUSSION ON FUTURE AGENDA ITEMS There was no discussion on future agenda items. 8. CLOSED SESSION ADJOURN Mayor Ernesto Gutierrez adjourned the Regular City Council meeting at 6:53 p.m. i4 j Mayor, City of Cathedral City City Clerk, 'C-y o cathedral City Cathedral City Page 7 Printed on 12/08/2022