HomeMy WebLinkAboutCC Min 2013-03-27 5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS THE SUCCESSOR A...
G
, f. i , ,,,0„,,„
5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL & THE CITY COUNCIL SERVING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
68 -700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Wednesday, March 27, 2013
STUDY SESSION
CALL TO ORDER
Mayor DeRosa called the Study Session portion of the meeting to order at 5:30 p.m. Mayor DeRosa
advised those present that we had a loss within our "family" Diane Keat, and wished to spend a moment in
silence in her rememberance. Diane will be greatly missed for all her community work and especially for her
dedication to AYSO Soccer.
PRESENTATION OF COLORS - Cathedral City High School it Force Junior ROTC Honor Guard.
PLEDGE OF ALLEGIANCE - Mayor Pro Tem Vasquez led the audience in the Pledge of Allegiance.
r INVOCATION - Council Member Toles offered the Invocation.
PRESENTATIONS AND PROCLAMATIONS
ROLL CALL
Present: Council Members Henry, Pettis, Toles, Mayor Pro Tem Vasquez, Mayor DeRosa
Absent: None
CATHEDRAL CITY HIGH SCHOOL STUDENT REPORTS - Our Senior Reporter, Alma Perez, gave a
comprehensive update of what is happening in school. We are getting close to Graduation.
PUBLIC COMMENTS
NOTE: At this time, members of the public may address the City Council on any matter not listed on the
1 agenda or any item on the Study Session agenda. Please complete a 'Request to Speak' form and limit your
comments to three minutes. When you are called to speak, please come forward and state your name and city
of residence for the record.
Note: Inresponse to any public comment on an item or matter not on this agenda, pursuant to Government
Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or
questions posed by the public; 2) ask a question for clarification; 3) make a brief report on his or her own
activities; 4) provide a reference to staff or other resources for factual information; 5) request staff to report
to the City Council at a subsequent meeting concerning any matter raised by the public; or, 6) direct staff to
place a matter of business on a future agenda. (California Government Code Section 54954). Unless
i additional time is authorized by the City Council, remarks shall be limited to three minutes.
Public comments opened and closed Public Comments without comment.
1
E
i
4
1
i
1
5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS THE SUCCESSOR A...
STUDY SESSION AGENDA
Note: Normally, no action is taken on Study Session items; however, the City Council reserves the right to
:. give specific policy direction and take specific action as necessary. Presentations will be limited to 10 minutes
unless other provisions are made in advance.
j- 1. Presentation of the Fiscal Analysis and Plan for Services for the Cathedral City Sphere of Influence within
the unincorporated community of Thousand Palms and discussion of next steps from John Goss, Ralph
t. Andersen and Associates. (L. Lukes) (Pg. 1 -69).
4
Leisa Lukes - started the report and introduced Consultant Mr. John Goss who did the study for the city. Mr.
Goss is from Rancho San Diego. He gave a very comprehensive report on the possibilities of an annexation
with unincorporated Thousand Palms. He turned the meeting back to Ms. Lukes. Council Member Pettis
. advised that he and Sub - Committee Council Member Henry, along with staff, would be meeting tomorrow at
Thousand Palms. Ms. Lukes and Mr. Goss answered questions for Council. Each Council Member thanked
Mr. Goss for his efforts and his report. Mayor DeRosa also thanked both Mr. Goss and the Thousand Palms
residents fir their help.
Chief Van Nortrick advised with Mr. Goss with regard to the Fire Service for the area.
John Stevens - Pro Tem Mayor Thousand Palms wanted to thank the Mayor and Council for everything,
especially their patience and understanding.
Don Donnely - Thousand Palms. Not a resident of this community yet. My resident in Tri Palms, is there
any additional cost? The question was adequately answered.
Roy Nooks Thousand Palms - Thank you for your patience, in fact we refused all sphere of influence
discussion. But for about the last 2.5 years we have been working together. It looks like we have a good
4
match. I have been taking advantage of Cathedral City. Cathedral City is a proactive city, we are going out
to get business, not waiting to come here. This will be an advantage to Thousand Palms.
Hearing no one else wishing to speak, Mayor DeRosa closed Public Comments on this subject.
t
Andy Hall - City Manager. It comes very difficult to compare Apples with Apples when you are dealing
with different taxing entities. We do not have a Utility Tax but we do not have a City wide LLD, or a
recreation district, however our governments run very simliar. We tried to compare a citizen of Cathedral 1
City with a Citizen of Thousand Palms, while we do have a nominal difference, it is pretty much the same.
i
Directon given staff - Accept and file and then transition this to the sub committee.
L
Mayor DeRosa advised there were also residents that would be exempt from Utility Tax. Ms. Scott was
asked to address this issue. Ms. Scott replied, yes there were exemptions to the Utility Tax, Individuals that
qualify under the "Care" program from Southern California Edison are exempt, disabled individuals over the t
age of 65, the best information that we have is if you qualify for the Care program, you then qualify for the
exemption.
2. Discussion of contributions to Non -profit community organizations. (S. Henry) (Pg. 70 -72)
Brought this topic to the Study Session Agenda. Mr. Henry Stan Henry
- g P Y g m'Y wanted to obtain consideration of i.
Shelter from the Storm for a sponsorship donation. Mr. Henry gave a little background on the Shelter,
having served on its Board for 18 years. Mr. Vasquez said the Executive Director should come to Council
and make a presentation. Mr. Toles said he was uncomfortable with this, but offered a donation of $500 to
this cause. Mr. Pettis disagreed with Mr. Toles. After lengthy discussion about the pros and cons of this
issue, it was decided that the City Administrator would look at where some funding might be available and
report back to Council.
t
Cie 3. City Council/Staff reports and inquiries of new or ongoing projects.
i
t
1.
5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS THE SUCCESSOR A...
Council Member Pettis - This has been going on for a little while with residents and staff. Couple significant
3 events coming up, both with the Arts Commission and with the Agnes Pelton Society. The owners of the
Agnes Pelton house in the lower cove are trying to persue a name change, or some other way to identify the
home on "F" Street. This item will be sent to the Streets and Transportatin Commission. Public Works
advised this kind of thing would probably cost about $400. The people asking for this change are willing to
accept paying these charges.
§ Mayor DeRosa - Asked Mr. Hall for an update on the IMF Festival.
s
t
RECESS - Mayor DeRosa recessed this meeting at 6:37 p.m. 6
1 I
1
REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS i
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY BOARD - Council Chamber - -
Third Floor of City Hall, 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234
I
WEDNESDAY, MARCH 27, 2013 - 6:30 p.m.
CALL TO ORDER
I
i
Mayor DeRosa called the Study Session portion of the meeting to order at 6:38 p.m. 1
i
I
PRESENTATIONS AND PROCLAMATIONS =;
i
i
Proclamation presentation: Parental Alienation Awareness Day, Joe and Tammy Barrow, Parental
4 Alienation Advocates. (Council)
Mayor and Council Member Henry - presented to Joe and Tammy Barrow. Mayor DeRosa
thanked the Baroow's for the work they were doing. r
Mr. Barrow advised April 25th was Awareness Day. Horrific type of Child Abuse every heard of. We know
t someone who has gone thru this.
Proclamation presentation: May is Mental Health Month, Carole Schaudt, Mental Health Board Member.
(Council)
Carol Schaudt - Was here to receive the Proclamation for Mental Health Month in May. Mayor DeRosa
w
It
anted to know why they were asking for this proclamation so early? Ms. Schaudt advised that they were
gathering support early this year. Ms. Schaudt has a special thank you for the Police and Fire Chiefs. r
r
CLOSED SESSION ANNOUNCEMENTS - None 1
No Closed Session this evening, therfore no report.
AGENDA FINALIZATION
1
Council Member Pettis wanted to pull Item 5. Council Member Toles wanten to pull Items 6a, 7c, and Item
8.
PUBLIC COMMENTS €
1
Opened Public comments f
I
Note: At this time, members of the public may address the City Council on any matter not listed on the
agenda or any item on the Consent Agenda. Please complete a 'Request to Speak' form and limit your 1
comments to three minutes. When you are called to speak, please come forward and state your name and
city of residence for the record.
Note. In response to any public comment on an item or matter not on this agenda, pursuant to Government 1
i
1
5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS THE SUCCESSOR A...
Code Section 54954.2, members of the City Council may only: 1) respond briefly to statements made or
questions posed by the public; 2) ask a question for clarification; 3) make a brief report on his or her own
activities; 4) provide a reference to staff or other resources for factual information; 5) request staff to report
back to the City Council at a subsequent meeting concerning any matter raised by the public; or, 6) direct
staff to place a matter of business on a future agenda. (California Government Code Section 54954). Unless
additional time is authorized by the City Council, remarks shall be limited to three minutes.
i
1 John Stevens - Thousand Palms - we did the Cathedral City scholarships in the amount of $68,000.
Jens Mueller - Cathedral City. Mr. Mueller, our General Fund budget does CALPERS. As of today our liability is
$150 million. It is time to get a proposal from the County on Public Safety and save as much as 6 million dollars.
We could get our streets fixed. They are in deplorable condition.
Hearing no one else wishing to speak, Mayor DeRosa closed Public Comments.
i
COUNCIL COMMENTS
4
Council Members' comments on items not on the agenda.
Council Member Toles - nothing to report.
i
Stan Henry - I attended the Chamber of Commerce Board Meeting. Mr. Toles and I sit on the Sub-
committee. There is a lot happening with our businesses. They are actively involved with the City - They
are working with Community Development and the resurfacing of Ramon Road, they wish a
to keep businesses informed. Get into to community, businesses, letting them know what is happening. 1
Mr. Pettis - I don't believe I ever said Pensions were unimportant. Elections have consequences. Also I said
"Mr. Mueller pay attention to what Staff has been trying to tell you" and don't try and scare the residents, tell
Irr the truth rti with budget discussions that will be happening over the next few months. Today
was SunLine and pa Tranist icpate Agency Board meeting. Taxi fares increase beginning April Ii from $3.04 per roiled to
$3.18 per mile to help offset the cost of gasoline for the Taxi drivers. Board also voted to suport CVAG's
efforts on passenger rail service
and the transfer of funds from SunLine Transit Agency to a rail program. April 13th, in a joint project
and CC Rotary and Scrap Gallery, there will be a walk for water, people will be walking from Target to t
Mission Plaza and back again, it is a 4k walk and the participants, especially the young people, with 6k of
water on their back. One is to raise awarness but also inform young people, that this is what people in Africa
and Asia do daily to get water. This is part of International Water project.
F
Mayor Pro Tem Vasquez - There was a Rotary and SCRAP Gallery event at Nicolino's to raise money to t
help with some of these events. On Saturday the 13th there will be a Day of the Child celebration in front of
City Hall from 9 -3. A week ago at Calvary Christian Center there was a clothing distribution to men, t
women, children, and even babies. About 100 people came out for the event. Mr. Vasquez thanked our r
Police Department in the delicate way they handled the deaths of our homeless couple.
l
Mayor DeRosa - I had an Opportunity Cathedral City High School program, their play Foot Loose. The kids
did a great job and then a few days after the kids went to Hawaii, I did received a "text" from the teacher and
some pictures, apparently they have won a Gold Medal of some sort. They came home yesterday, and look
forward to hearing about it. I also attended the Riverside County state of education address. I do have the t
power point if anybody is interested, if any Council Member is interested in it. The Dashboard, it is really a
mix bag on our education system is in trouble. Junior and High Schools, while Alma comes and talks about
how great some of the students are doing, there is a great disconnect for the kids taking the exit exams. They t.
seem to do really well in elementary school, but when it comes to middle school and then High School, there f
is a huge disconnect. I will be meeting with Supervisor Young to find out what those numbers really mean I
to Cathedral City and the Coachella Valley. I received a letter today from a Human Rights Campaign. f
Again, Cathedral City has been chosen one of the Cities they will be looking at and evaluating. This year ;
they did 137 cities and will be adding 154 new cities. This year there will be different criteria for selecting F
cir of those who will be reviewed.
i
i
1
5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS THE SUCCESSOR A...
l
I
URGENCY ITEMS
1 Note. Urgency Items ( "Added Starters "): The Brown Act, which governs public meetings, permits the City
Council to take action on any item that does not appear on the agenda only if 2/3 of the Council (if all are
present) or all members of the Council (if fewer than all members are present) determine there is a need to
take immediate action on the item, and the need to take immediate action came to the City Council's attention
after the agenda is posted.
COMMITTEE ASSIGNMENTS
i
See last page of Agenda Book
MINUTES
; 1
NONE
CONSENT AGENDA
1 Note. All matters on the Consent Agenda are considered routine in nature and are expected to be enacted by €
one motion. Members of the public may comment on any item on the consent agenda. However, Council
Members will not discuss individual items among themselves unless those items are pulled off the Consent
Agenda by a Council Member.
A. COUNCIL /CITY COUNCIL AS SUCCESSOR AGENCY BOARD: NONE
1
1 B. CITY COUNCIL:
1
1. COUNCIL. Adopted Resolution No 2013 -200 of Intention to vacate public utility easements as offered
1 for dedication on the map of Cathedral Estates No. 2 within the boundary of Parcels 1 and 2 of Parcel Map
18201, located between Date Palm Drive and Eagle Canyon Drive, south of Victoria Drive; Vacation 2013-
# 01. Applicant: Boos Development West, LLC: Family Dollar. (P. Milos) (Pg. 1 -6)
1
2. COUNCIL. Adopted Resolution No. 2013 -201 restoring access rights to Date Palm Drive for a driveway
to Family Dollar store, across a portion of the property frontage where abutter's rights of access were
previously dedicated by Parcel Map 18201, on property between Date Palm Drive and Eagle Canyon Drive,
south of Victoria Drive; Design Review DR 13 -001. Applicant: Boos Development West, LLC. (P. Milos)
(Pg. 7 -11) t
3. COUNCIL. Approved the award of a construction contract for Ramon Road 1
Rehabilitation Improvements between Date Palm Drive and Landau Boulevard by M.O. # 5106. Bid -
awarde, and contract bid amount not available prior to agenda finalization. (P. Milos) (12 -13) (Separate 1'
Cover: Contract) }
1
4. COUNCIL. Second Reading and adoption of Ordinance 720, reading by title only, of an Ordinance of
the City Council of the City of Cathedral City, 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. 14 -16) I
9. COUNCIL. Received report of intended travel from City Clerk Pat Hammers: City Clerks Association of
California (CCAC) Annual Conference, Long Beach, CA.
MOTION FOR CONSENT AGENDA
Council Member Pettis moved approval of the Consent Agenda Items 1, 2, 3, 4, and 9, motion
seconded by Council Member Henry, motion carried 5/0. t
PUBLIC HEARINGS
LEGISLATIVE ACTION ,
1
i
x
i
s
i
5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS THE SUCCESSOR A...
i
f, c
5. COUNCIL. Approve second reading and adoption, reading by title only, of an Ordinance of the City
Council of the City of Cathedral City repealing and amending Chapter 9.108 of Title 9, Planning and Zoning,
■
j 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. 17 -37)
It was requested that the Council continue Item 5 and it be considered with Item 10. 1
6. COUNCIL. Receive report of intended travel from Mayor DeRosa: a. International Council of Shopping E
Centers, May 19 -22, 2013, Las Vegas, NV; b. The United States Conference of Mayors, June 21 -24, 2013,
, Las Vegas, NV. Conference registration fee waived.
Please see www.cathedralcity.gov, Agendas and meetings for the discussion and comments on this item.
Council Member Pettis moved receiving and accepting the reports of travel on Item 6, 7, and 8 of this report
of travel, motion seconded by Council Member Toles, motion passed 5/0. 1
7. COUNCIL. Receive report of intended travel from Council Member Pettis: a. Coalition for America's
Gateways & Trade Corridors, April 8 -10, 2013, Washington, DC. Trip funded by SCAG. b. League of
California Cities Legislative Action Day, Sacramento, CA, April 23 -25, 2013. Trips mostly funded by
LOCC. c. Intl. Council of Shopping Centers, May 19 -22, 2013, Las Vegas, NV; d. Nat'l Association of
z Regional Councils, June 23 -25, 2013, Philadelphia, PA. Trip funded by SCAG. e. Nat'l League of Cities,
June 25 -28, 2013, Washington, DC. Trip funded by both SCAG and LOCC. f. Nat'l League of Cities,
Congress of Cities and Expo 2013, November 11 -16, 2013, Seattle, WA. Trip is funded by SCAG.
i
Please see www.cathedralcity.gov, Agendas and meetings for the discussion and comments on this item.
Council Member Pettis moved receiving and accepting Items 6, 7, and 8 of these reports of travel, motion
seconded by Council Member Toles, motion passed 5/0.
i
8. COUNCIL. Receive report of intended travel from Council Member Toles: International Council of
Shopping Centers, May 19 -22, 2013, Las Vegas, NV. €
Council Member Toles advised he would be paying a part of his travel.
i
Please see www.cathedralcity.gov, Agendas and meetings for the discussion and comments on this item.
Council Member Pettis moved receiving and accepting Items 6, 7, and 8 of these reports of travel, motion
seconded by Council Member Toles, motion passed 5/0. 6
b. Open Public Hearing
f
c. Close Public Hearing E
a. Report by Charles Green, City Attorney
f
5. COUNCIL. Approve second reading and adoption, reading by title only, of an Ordinance of the City 1'
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. 17-37)
Council Member Pettis has concerns about and wants amendments. See www.cathedralcity.gov.
f
Gary Amy - Cathedral City. I have a question that I need a legal clarification. Has to do with 9.108.120
Item 13. Mr. Amy clarified item 13 for the City Attorney. (
t
Mayor DeRosa seeing no one else wishing to speak Closed Public Comments, and asked City Attorney 5
c Green to address Mr. Amy's question.
,
j
a
q
k
i
5:00 p.m. REGULAR MEETING OF THE CITY COUNCIL THE CITY COUNCIL SERVING AS THE SUCCESSOR A...
Mr. Greent answer can be heard on www.cathedralcity.gov Agendas and Meetings.
Council Member Toles moved approval of Ordinance 721 with minor changes to be made by the City
Attorneys Office, as an Urgency Ordinance, Motion was seconded by Mayor Pro Tem Vasquez, motion
carried 5/0.
10. COUNCIL. Consider adoption of, and reading by title only, an Urgency 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 13.80.240 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 immediately
upon occurrence of the conditions specified herein. (C. Green) (Pg. 37 -73)
There was considerable conversation on this Urgency Ordinance - refer to www.cathedralcity.gov
Agendas and Meetings.
Mr. Green - Council needs to determine that this there is an Urgency to hear this item. After discussion, Council
Member Pettis moved to accept this item as an Urgency Item, motion seconded by Council Member Henry,
motion passed 5/0.
Council Member Toles moved approval of the Urgency Ordinance 722, motion seconded by Mayor Pro Tem
Vasquez. Motion carried 5/0.
NOTES TO THE PUBLIC
Please remember: City Hall is closed for lunch 11:45am to 1:15pm. We are closed every Friday.
The next regularly scheduled meeting of the City Council /Successor Agency is scheduled for WEDNESDAY,
4
APRIL 10, 2013.
Agendas for Council meetings are posted at City Hall at least 72 hours before the meeting and on the
Cathedral City Web site, www.cathedralcity.gov. The agenda is available for public inspection in the City
Hall lobby or the City Clerk's office the Monday preceding the meeting. Any document or writing that relates
to an agenda item on the open session of a City Council meeting that is not distributed at least 72 hours prior
to the meeting is also available for public inspection in the City Hall lobby or the City Clerk's office.
1
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Clerk's Office at (760)770 -0385.
Assisted- listening devices are available at this meeting. Ask the City Clerk if you desire to use this device.
Notification at least 48 hours prior to the meeting or the time when services are needed will assist city staff in
assuring reasonable arrangements can be made to provide accessibility to the meeting or service.
ADJOURN
Meeting adjourned at 7:55 p.m.
ia/r
Pat Hammers, MMC
City Clerk