HomeMy WebLinkAboutCC Min 2013-03-13 : City
MINUTES
CITY COUNCIL OF CATHEDRAL CITY AND
CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY BOARD
68 -700 Avenida Lalo Guerrero, Cathedral City, CA 92234
MARCH 13, 2013
5:30 P.M. STUDY SESSION
6:30 P.M. REGULAR MEETING
CALL TO ORDER
Mayor DeRosa called the Study Session portion of the meeting to order at 5:30 p.m.
ROLL CALL
Present: Council Members Henry, Pettis and Toles, and Mayor DeRosa.
Absent: Mayor Pro Tem Vasquez, who arrived at 5:40 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Cathedral City High School Junior Air Force ROTC presented the Colors and Council Member
Henry led the Pledge of Allegiance.
INVOCATION
Council Member Toles offered the Invocation.
PRESENTATIONS AND PROCLAMATIONS
The following presentations were deferred:
Prevent Child Abuse Proclamation presented to Meghan Sullivan, Children's Counselor, Betty
Ford Center Children's Program
Hunger Action Month Proclamation presented to Gwen Ford, Chairperson of the FIND Food
Bank.
CATHEDRAL CITY HIGH SCHOOL STUDENT REPORTS
None.
PUBLIC COMMENTS
Mayor DeRosa opened public comments. There being no speakers, Mayor DeRosa closed public
comments.
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STUDY SESSION AGENDA
1. Update on Current Public Works Projects (P. Milos)
Community Development Director Milos introduced the item.
City Engineer Simons provided updates on the Eagle Canyon Dam and Line 43 projects.
He discussed the widening of East Palm Canyon. He provided an update on construction
of the Volkswagen dealership. He reviewed the bid process for the Ramon Road West
project.
Mayor DeRosa requested staff consider putting the information on the City's website. In
response to Mayor DeRosa, City Engineer Simons discussed plans to notify property
owners and businesses of potential impacts. He discussed upcoming meetings with the
auto dealers and Chamber to notify properties of projects.
Community Development Director Milos discussed plans to work with the businesses
and community regarding construction impacts. He discussed the entrance to the City at
Date Palm Drive and East Palm Canyon and presented images.
In response to Council Member Toles, Community Development Director Milos stated
stained acid wash was utilized and sealed which should increase life expectancy. Council
Member Toles requested the faded medians be addressed.
In response to Council Member Pettis, Community Development Director Milos stated
the Streets and Transportation Commission had received the presentation and was
supportive of the projects.
Council Member Henry commended staff.
Mayor DeRosa thanked staff.
Community Development Director Milos discussed the Whitewater Park project
including bid process, Joint City Council and Parks and Recreation Commission meeting
and maintenance funding mechanisms for the park.
In response to Mayor DeRosa, Community Development Director Milos stated bids were
good 60 days after opening. He stated staff was still working on maintenance
mechanisms. He anticipated maintenance to cost $100,000.
2. Receive update on Share Kitchen from Angela Janus, Executive Director (L. Lukes)
Angela Janis, Cathedral City, Share Kitchen, explained the program, clients, and
sustainability efforts. She discussed successful clients of Share Kitchen. She explained
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education and training. She discussed Share Kitchen's involvement in activities and
events during its first six months. She discussed the needs of Share Kitchen.
Council Member Toles stated he was very impressed and offered three $500 microloans.
He stated his company was a large retailer distributor and offered assistance.
Mayor DeRosa offered a microloan and thanked Ms. Janis for the presentation.
Discussion of contracts with local vendors (S. Henry)
Council Member Henry presented the report and suggested utilizing Cathedral City
businesses, then Coachella Valley, followed by outside areas.
City Manager Hall discussed the current City policies for local vendor preference and
policies of other cities.
In response to Mayor DeRosa, City Manager Hall stated the current policy was approved
at least 5 -10 years ago. Mayor DeRosa indicated she was open to having staff review the
matter.
Council Member Toles thanked Council Member Henry for bringing the matter forward.
He indicated support for implementing an aggressive policy for use of local business.
Council Member Henry clarified that he discussed the matter with the City Attorney, who
had suggested a policy rather than ordinance. He stated prices need to be reasonable.
City Manager Hall clarified that Council wanted staff to focus on locally owned and
operated store front businesses.
RECESS
Mayor DeRosa recessed the Study Session portion of the meeting at 6:35 p.m.
Mayor DeRosa reconvened the Study Session at 9:00 p.m. The meeting reconvened with all
Council Members present.
3. Discussion of Implementation of Revised City Logo (A. Hall)
City Manager Hall presented design options of the new logo.
Mayor DeRosa stated she and Council Member Toles had not yet seen the new logos.
She stated the issue was how the logo looked on letterhead.
Council Member Toles explained issues with the current logo. He stated the Marketing
Committee was tasked with making the logo legible and allowing logo use in multiple
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ways. He stated the logo could be implemented much more effectively. He stated the
letterhead and business cards were nice. He suggested the Council move to implement
the logo.
Mayor DeRosa offered the shaded version be used for press releases.
Mayor Pro Tem Vasquez stated he did not have a preference.
Administrative Services Director Scott asked for Council direction on use of existing City
letterhead and business cards.
Council Member Toles suggested a rolling change on business cards and printed
letterhead. He stated electronically printed material should be changed immediately.
Administrative Services Director Scott asked the Council's preference on changing street
signs.
Council Member Henry stated the logo had changed at least 4 or 5 times in the City's
history. He stated the logo should represent what the City was about. He stated the logo
should not have been changed. He stated unnecessary funds should not be spent. He
stated street signs should only be changed as they needed to be replaced. He stated
electronic documents should be changed. He stated existing letterhead and business
cards should be used first. He suggested retaining the logo and seal to develop tradition.
Council Member Toles agreed that additional expenses should not be incurred. He
explained the style guide.
City Clerk Hammers stated the logo should be a registered trademark of the City.
Council Member Pettis suggested staff determine the specific uses.
Council Member Toles agreed to allow staff flexibility with the style guide,
MOTION
Council Member Toles moved and Council Member Henry seconded a motion to
implement the full logo as discussed, with rolling changes as necessary and electronic
changes immediately and to direct staff to register the trademark on the logo. The motion
carried unanimously.
4. City Council/Staff reports and inquiries of new or ongoing projects.
None.
The meeting was adjourned at 9:25 p.m.
City Council of Cathedral City and
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REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL
SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
BOARD AND AS CATHEDRAL CITY CS ZONE A SPECIAL DISTRICT
CALL TO ORDER
Mayor DeRosa called the Regular meeting of the City Council to order at 6:35 p.m.
PRESENTATIONS AND PROCLAMATIONS
Presentation by Desert Princess General Manager, Khal Butler, to the Cathedral City Police
Department
Khal Butler presented $14,000 to the Police Department for the purpose of purchasing mobile
surveillance cameras.
Mayor DeRosa thanked Mr. Butler.
Captain Moss presented a plaque thanking the Desert Princess Homeowners.
Council Member Henry thanked Mr. Butler for the event and suggested it be held annually.
Hunger Action Month Proclamation presented to Gwen Ford, Chairperson of the FIND Food
Bank
Mayor DeRosa presented a proclamation thanking FIND Food Bank.
Gwen Ford, Indio, Chairman of the Board at FIND Food Bank, discussed the work of FIND
Food Bank. She discussed Hunger Action Month events.
Mayor Pro Tem Vasquez commended FIND Food Bank and thanked them for contributing to the
Cathedral City food bank.
CLOSED SESSION ANNOUNCEMENTS
City Attorney Green stated no closed session was held.
PUBLIC COMMENTS
Mayor DeRosa opened public comments.
Jens Mueller, Cathedral City, stated the City's unfunded pension liability was $150 million. He
discussed the need for road maintenance. He stated the Council should not take a pension. He
suggested the Council contract for Police and Fire services.
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Tyrone Pierson, Cathedral City, discussed the health care bill.
Mayor DeRosa closed public comments.
AGENDA FINALIZATION
None.
URGENCY ITEMS
None.
COUNCIL COMMENTS
Council Member Toles discussed the new Catholic Pope. He thanked Council Member Pettis for
his efforts at the National League of Cities regarding the marriage equality resolution.
Council Member Pettis discussed the National League of Cities conference at which
comprehensive immigration reform and the Market Place Fairness Act were discussed.
Mayor Pro Tem Vasquez thanked City Manager Hall for the new Council briefings. He
discussed the Mission Plaza Easter event. He stated he and Council Member Henry attended the
2x2 meeting.
Mayor DeRosa stated she represented the City at the Heart to Heart and Salvation Army
luncheons.
COMMITTEE ASSIGNMENTS
None.
MINUTES
None.
CONSENT AGENDA
MOTION
Mayor Pro Tem/Vice Chair Vasquez moved and Council/Board Member Toles seconded
a motion to approve the Consent Calendar. The motion carried unanimously.
The Consent Calendar consisted of the following items:
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A. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD: NONE
1. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD. Receive and File
payment of Claims and Demands in the aggregate sum of $5,589,789 for the month of
February 2013 by M.O. 5098 and M.O. SA -0031. (T. Scott) (pg. 1 -2)
B. CITY COUNCIL
2. COUNCIL. Approve a recommendation from the Public Arts Commission to purchase
and authorize the placement of a sculpture created by Betty Gold, entitled Holistic 77 -A
(1978) in an amount not to exceed $40,000 by M.O. 5099. (P. Milos) (Pg. 3 -4)
PUBLIC HEARINGS
3. Consider First Reading and Introduction of an Ordinance, reading by title only an
Ordinance of the City Council of the City of Cathedral City repealing and
amending Chapter 9.108 of Title 9, Planning and Zoning, and Section 13080.240 of Title
13, Code Enforcement and Remedies, of the Cathedral City Municipal Code to permit
and regulate Medical Marijuana Dispensaries pursuant to State Law to become effective
only upon occurrence of the conditions specified herein. (C. Green) (Pg. 5 -48)
City Attorney Green presented the staff report.
Council Member Pettis stated the City's ban was not effective and the existing
dispensaries needed to be legalized, taxed and enforced. He questioned prohibited
locations, including churches, dispensaries within a half mile of another dispensary,
commercial zones, and near East Palm Canyon. He stated limiting the number of allowed
dispensaries to two was arbitrary. He suggested it be based on population and
recommended one per every 15,000 residents. He questioned the need for background
checks. He stated he would be making motions to amend the ordinance following public
comments.
Council Member Henry asked if the ordinance would be effective prior to the Supreme
Court ruling. City Attorney Green stated he could not determine whether the ordinance
would be effective prior to the Supreme Court ruling. Council Member Henry asked if
the ordinance would cover the potential annexation areas. City Attorney Green stated
legally operating dispensaries in Thousand Palms would be grandfathered.
In response to Council Member Pettis, City Attorney Green stated the existing
dispensaries were not permitted.
In response to Council Member Pettis, City Attorney Green stated the time, place and
manner restrictions were based on input from the departments.
In response to Mayor DeRosa, City Attorney Green explained the laws of the State of
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California allowing for cooperatives or collectives rather than store fronts. He stated
sales tax would not be collected from cooperatives or collectives.
Council Member Pettis questioned the restrictions on hours of operation, requiring
closure on Sunday and not allowing cash transactions.
In response to Mayor Pro Tem Vasquez, City Attorney Green stated the ordinance should
not affect existing litigation. He explained the process for selecting the two dispensaries.
He stated there may be one dispensary that had completed all requirements and would be
eligible. Mayor Pro Tem Vasquez stated he had met with a couple dispensaries that were
interested in opening a business in the City.
Council Member Toles stated he was not a Council Member when the ban was imposed.
He discussed the 1996 law and stated it was likely that California voters would go back to
the poles. He discussed drug practices in the Netherlands. He explained the intent of
medical marijuana collectives.
Council Member Henry stated the purpose of the ban was due to flaws in the law. He
requested City Attorney Green respond to Council Member Pettis' questions prior to his
comments.
City Attorney Green stated staff was acting on Council direction to enforce the ban. He
explained the need for the ordinance during the gap. He discussed the Federal laws
regarding growing, selling and possession of marijuana and Attorney General's posture
regarding enforcement. He stated the California law did not permit retail establishments,
rather collectives. He stated the hours of operation should not be compared to other
businesses. He explained the reason for the no cash provision as a matter of public
safety. He stated the proximity to churches and each other was a policy decision of the
Council. He stated the Council could determine the zones and proximity to East Palm
Canyon. He discussed the number proposed for collectives. He explained the purpose
for requiring background checks.
Council Member Pettis questioned what the City versus the owners of the business
should regulate. He asked if the ordinance should take effect in 2014 if the voters
legalized medical marijuana. City Attorney Green suggested time, place and manner
restrictions be in place before the ban was eliminated.
Council Member Toles discussed prescription medication and stated background checks
were not required at pharmacies. He discussed enforcement of Federal law.
Council Member Henry clarified that Palm Springs only allowed 3 dispensaries. He
stated certain businesses required background checks. He agreed that cash transactions
should be prohibited. He suggested expanding the hours of operation. He agreed with
Council Member Pettis that the number of dispensaries be based on population, one per
25,000 residents. He requested the ordinance be adopted as an urgency ordinance. City
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Attorney Green stated it could not be an urgency item unless brought back at the next
meeting.
In response to Mayor DeRosa, City Attorney Green stated the quarter mile requirement
was as the crow flies.
Mayor DeRosa opened public comments.
Dale Nelson, Cathedral City, discussed his use of medical marijuana. He suggested
dispensaries have restrooms and be regulated.
Loretta and Terry Nelson, Cathedral City, discussed their son's use of the medical
marijuana.
Dennis Dumis, Cathedral City, stated he helped Today's Remedy open the store. He
stated, if dispensaries, were allowed they should be run by law abiding Cathedral City
residents.
Clint Jackson, Cathedral City, Today's Remedy, discussed work with the City to open the
business. He stated they were closed awaiting the decision of the Supreme Court. He
stated reasonable regulations were appropriate. He stated many businesses were robbed
and dispensaries should not restrict cash transactions.
Gino Seradelia Palm Desert, agreed that security and zoning was important. He read
laws issued by the Attorney General regarding running medical marijuana dispensaries.
Tyrone Pierson, Cathedral City, discussed the Health Care bill.
Mario Valareni Rancho Mirage, questioned whether the existing illegal shops were
grandfathered in.
Art Gregory, Cathedral City, requested the City Attorney clarify his explanation. He
discussed his experience as a nurse and with a sick family member. He requested the
Council come together for the sick citizens. He provided cannabis facts. He requested
the Council support the ordinance.
Jens Mueller, Cathedral City, indicated compassion for ill residents but stated the vast
majority of those utilizing medical marijuana dispensaries were not ill. He indicated
support for the proposed ordinance, but that two stores was sufficient for the City. He
agreed that it should be an urgency ordinance.
Mayor DeRosa stated she had received a phone call from Michael Murray indicating his
opposition to dispensaries in Cathedral City, not medical marijuana. She stated she
believed medical marijuana was necessary for those that needed it.
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Mayor DeRosa closed public comments.
City Attorney Green apologized if he was not clear in his comments, but it was a
complex issue. He explained that the Council had adopted a ban and directed staff to
enforce the ban. He explained the purpose of the ordinance to regulate time, place and
manner restrictions. He stated the Council would decide the policy issues, and by a
majority vote had previously voted for a total ban. If the California Supreme Court
overturned the ban, that this proposed ordinance would provide for restrictions.
Council Members discussed various proposed motions and their content.
MOTION
Council Member Pettis moved and Mayor Pro Tem Vasquez seconded a motion to
introduce an ordinance, reading by title only, repealing and amending Chapter 9.108 of
Title 9, Planning and Zoning, and Section 13080.240 of Title 13, Code Enforcement and
Remedies, of the Cathedral City Municipal Code to permit and regulate Medical
Marijuana Dispensaries pursuant to State Law to become effective only upon occurrence
of the conditions specified herein and amended as follows:
1) Add that, in addition to a Supreme Court action, the ordinance would additionally
become effective if the voters legalize marijuana;
2) Eliminate the ban regarding distance next to churches;
3) Amend Section 9.108.070 to change the number of dispensaries from 2 to 1 per 20,000
residents (as determined by the State of California Department of Finance);
4) Amend Section 9.108.120 to allow for operation on Sundays and expand the hours to
8 a.m. -10 p.m.; and
5) Modify the distance required between dispensaries from a quarter mile to 600 feet
(amended as follows to 1,000 feet.)
by M.O. 5100.
AMENDMENT
Council Member Henry moved to change the distance required between dispensaries
from 600 feet to 1,000 feet (similar to sexually- oriented businesses.)
The maker and seconder accepted the amendment.
In response to Mayor DeRosa, Council Member Pettis explained his suggested hours of
operation (8 a.m. to 10 p.m.).
Council Member Toles stated he did not object to the ordinance, but was hopeful that the
matter would not be a contingency item, and be implemented immediately rather than be
based on the action of the State Supreme Court or the voter's decision.
The amended motion carried unanimously.
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Mayor DeRosa stated the dispensaries should not be for profit, rather be for the patients.
MOTION
Council Member Henry moved and Council Member Pettis seconded a motion to bring
back this item as an urgency ordinance. The motion carried unanimously.
4. COUNCIL. Public Hearings for consideration of Transient Occupancy Tax (TOT)
Sharing Agreement between City of Cathedral City and T2 Development, LLC., (T2)
under Municipal Code Section 3.25 et seq. (L. Lukes /C. Green) (P. 49 -52)
PART A. Review of Tax Sharing Report, consideration of other evidence presented, and
of comments of speakers, and determination by City Council as to designation of T2
Development, LLC. as Approved Business, and making of findings regarding public
benefit.
Part B. Consider Approval of Sales Tax sharing agreement between City of Cathedral
City and T2 Development, LLC
City Attorney Green presented the staff report, stating the agreement would allow T2
Development to allow the remodel and re- branding of the hotel from Doral Desert
Princess Hotel to Double Tree Hotel.
In response to Council Member Pettis, City Attorney Green explained the base year
standard.
In response to Council Member Henry, City Attorney Green discussed the changes from
the agreement included in the packet and what was before the Council for consideration,
including that the agreement would run with the land lease.
In response to Council Member Toles, City Attorney Green discussed the agreement
between T2 Development and Double Tree.
In response to Mayor DeRosa, City Attorney Green explained that if the agreement with
Hilton Double Tree (or a substitute acceptable to the City) was terminated, the City
would find that they were not in compliance, and would cease sending funds, and was
self - effectuating. He explained the requirement for the grand opening to occur prior to
January 1, 2014.
Mayor DeRosa opened public comments. There being no speakers, Mayor DeRosa
closed public comments.
MOTION
Council Member Toles moved and Mayor Pro Tem Vasquez seconded a motion to
review the Tax Sharing Report, consider other evidence and comments presented, and
determine the designation of T2 Development, LLC. as Approved Business, and making
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of fmdings regarding public benefit, by Resolution 2013 -198. The motion carried
unanimously.
Mont Williams, Newport Beach, T2 Development, explained the status of the lease.
Council Member Pettis requested a fully executed copy of the agreement be provided to
the City Council.
Attorney Green explained that is required by statute. In order for the agreement to take
effect, the Council first has to read the tax sharing report, and to find that the
development has met the standards, then the Council approves the agreement, hence two
motions for this item.
MOTION
Council Member Henry moved and Council Member Toles seconded a motion to approve
the Transient Occupancy Tax (TOT) Sharing Agreement between City of Cathedral City
and T2 Development, LLC., (T2) under Municipal Code Section 3.25 et seq., subject to
the minor revisions and qualifications as stated by the City Attorney by M.O. 5100 -A.
The motion carried unanimously.
LEGISLATIVE ACTION
5. COUNCIL. Consider First Reading and adoption of an Ordinance, reading by title only,
to Amend Municipal Code Title 13, "Code Enforcement and Remedies" to add a
maximum Civil Penalty Limit for continuing violations of the Municipal Code. (C.
Green) (Pg. 53 -57)
City Attorney Green presented the staff report.
Council Member Henry provided an example of continued violations. City Attorney
Green explained the maximum $100,000 civil penalty for continuing violations. He
stated other remedies would be used if necessary.
Mayor DeRosa opened public comments. There being no speakers, Mayor DeRosa
closed public comments.
Mayor DeRosa expressed concern regarding the code enforcement process. City
Attorney Green stated the process worked well. He explained delays in the legal process.
He stated, if it was the Council's desire, staff could review the process.
Council Member Pettis suggested the City Manager's office review the process.
Mayor DeRosa explained the $100,000 limit.
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MOTION
Council Member Pettis moved and Council Member Henry seconded a motion to
consider first reading and introduction of an ordinance, reading by title only, to amend
Municipal Code Title 13, "Code Enforcement and Remedies" to add a maximum Civil
Penalty Limit for continuing violations of the Municipal Code by M.O. 5101. The
motion carried unanimously.
COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS
Mayor DeRosa read an email from a resident expressing concerns regarding: 1) trash in the
channel from the apartments on the west side of Bankside; 2) rocks dump from the house
remodel on the northeast corner of Terrace and Mountain Shadow; and 3) tree trunk removal that
could damage the new sidewalk and curb system.
RECESS
Mayor DeRosa recessed the Regular Meeting at 8:55 p.m. to the Study Session.
ADJOURNMENT
Mayor DeRosa adjourned the meeting at 9:25 p.m.
Approved and adopted by the City Council and City
Council serving and the Successor Agency to the
Redevelopment Agency on 09 — // , 2013. 1
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