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HomeMy WebLinkAboutCC Min 2013-07-02 . 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 JULY 2,2013 5:00 P.M. CLOSED SESSION 5:30 P.M. STUDY SESSION 6:30 P.M. REGULAR MEETING CALL TO ORDER Mayor DeRosa called the Closed Session portion of the meeting to order at 5:00 p.m. ROLL CALL Present: Council Members Henry, Pettis and Toles, Mayor Pro Tern Vasquez and Mayor DeRosa. CLOSED SESSION PUBLIC COMMENTS None. SUMMARY OF CLOSED SESSION ITEMS AGENDA APPROVAL CLOSED SESSION A. CITY COUNCIL AS SUCCESSOR AGENCY 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 (T. Scott) Property Location Parcel Map 32932 Parcel 1, East of Van Fleet Avenue, south of East Palm Canyon Negotiating Parties Cathedral City Redevelopment Agency and City Urban Revitalization Corporation Property Owners City Urban Revitalization Corporation Under Negotiations Property Negotiations B. CITY COUNCIL 2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION pursuant to Government Code Section 54956.9 Subd. (d) (N. Hermsen) Case Name: City of Cathedral City v. Desert Dank Deals Case No. INC 1300119 City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 2 of 13 Court: California Superior Court for the County of Riverside 3. CITY COUNCIL — CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION item Pursuant to Government Code Section 54956.9 Subd. (a) (C. Green) No. Potential Cases: 1 3b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8 (T. Scott) Property Location APN No. 677-332-003 address: 30600 San Diego Drive APN No. 677-410-009 property location: Vacant land at the easterly terminus of Chia and Mia Place Negotiating Parties Cathedral City in its capacity as Housing Successor Agency and Southern California Housing Development Corporation of the Inland Empire Property Owners Cathedral City in its capacity as Housing Successor Agency Under Negotiations Property Negotiations Mayor DeRosa recessed the Closed Session at 5:25 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 3 of 13 SPECIAL MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY BOARD CALL TO ORDER Mayor De Rosa called the Special Meeting to order at 5:30 p.m. ROLL CALL Present: Council Members Henry, Pettis and Toles, Mayor Pro Tern Vasquez and Mayor DeRosa. PLEDGE OF ALLEGIANCE Mayor DeRosa requested a moment of silence for the 19 firefighters that had lost their lives in Arizona. Mayor Pro Tem Vasquez led the Pledge of Allegiance. INVOCATION Council Member Toles gave the invocation. PRESENTATIONS AND PROCLAMATIONS Presentation: 2013 Mayors' Climate Protection Award, Honorable Mention, Small City, awarded by The United States Conference of Mayors. Awarded for The Cathedral City Energy Action Plan. (Council) Mayor DeRosa presented the award to Deanna Pressgrove for her work on grants. PUBLIC COMMENTS Mayor DeRosa opened public comments. Allan Worthy, Cathedral City, discussed Christian Science. He presented a fraudulent power of attorney to City Attorney Green. City Attorney Green explained that he represented the City Council. Cecilia Lamelly, Cathedral City, Bombshell Bettys, requested the Council assist in finding an indoor facility where they could practice roller derby. Andy Jessep, Chamber of Commerce Chairman, congratulated the Mayor on the marriage conducted at City Hall. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 4 of 13 Mayor DeRosa stated Cathedral City held its first gay marriage in the Council Chambers. Mr. Jessep encouraged a continued relationship between the City and the Chamber of Commerce. Council Member Toles expressed appreciation for the Chamber's efforts with local business. Council Member Henry congratulated Mr. Jessep on being back. He stated the Chamber Breakfast had been cancelled and rescheduled for July 10, 2013. Mayor DeRosa closed public comments. STUDY SESSION AGENDA 1. Receive update on International Council of Shopping Centers Conference (ICSC) and presentation from Lynn Coker, Chairman, Desert Area Commercial Information Exchange. (L. Lukes) Economic Development Manager Lukes presented the staff report. Lynn Cocker, California Desert Realtors Association, provided an update on the International Shopping Center Convention, marketing trends and Cathedral City retailing. Council Member Toles stated it was necessary to evolve retail in the City. He thanked Mr. Cocker for the presentation. In response to Mayor DeRosa, Mr. Cocker stated the large spaces were not competitive with other spaces in the Coachella Valley. Economic Development Manager Lukes stated staff was following up on contacts made at ICSC. 2. Receive overview of Housing Element update. (L. Lukes) (Pg. 1-3) Economic Development Manager Lukes presented the staff report and explained the process. Council Member Pettis thanked staff for working with SCAG to reduce the required housing numbers. In response to Council Member Pettis, Economic Development Manager Lukes discussed key stakeholders and hearing notification. She stated the matter would go before the Planning Commission in October 2013. 3. Discussion regarding ban on Medical Marijuana dispensaries. (Council Member Toles) City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 5 of 13 Council Member Toles presented the report including the City's current ban, practices in neighboring cities, arguments for a change, and changing attitudes regarding marijuana legalization. In response to Council Member Henry, City Attorney Green clarified that marijuana use was illegal under Federal law. He stated Proposition 215 legalized the use of marijuana for medical purposes. He explained that the law provided a defense for people operating under the Compassionate Use Act. He discussed what was allowed under the Compassionate Use Act and Medical Marijuana Program Act. He explained regulations for medical marijuana dispensaries. Council Member Henry discussed exemptions for primary care givers. City Attorney Green expressed concern regarding the poorly written Act and Federal law prohibiting marijuana. He discussed buildings being subject to forfeiture. In response to Council Member Henry, City Attorney Green discussed the possibility of the Council being personally liable and litigation against the City. Council Member Henry asked if cities could permit marijuana dispensaries in violation of Federal law. City Attorney Green stated the Government Code prevented cities from adopting a law in conflict with Federal law. Council Member Henry discussed activities in adjacent cities including home delivery services. City Attorney Green stated home delivery did not appear legal. Council Member Henry asked how many cities in Riverside County had ordinances allowing dispensaries. Chief Conner stated Palm Springs was the only city with an ordinance and Police Chiefs across the County were supporting the bans. In response to Council Member Henry, City Attorney Green discussed potential litigation. Council Member Pettis stated it was a policy issue and the majority of the Council had determined to prevent residents from obtaining necessary medication. He suggested lifting the ban and following the regulations established by the State of California. Council Member Toles quoted the Police Chief of the City of Seattle regarding implementing the voters will. He stated the City should make sure the voter passed Medical Compassionate Care Act was implemented. In response to Council Member Toles, City Attorney Green stated he did not know if other cities allowing medical marijuana were compliant. He stated the law and cases concluded that any medical marijuana facility was legal under Federal law. He discussed his direct experience with facilities in Los Angeles and in the City to date were not compliant with the law. He expressed concern regarding an expectation that lifting the ban would make the City compliant with Federal law. Council Member Toles stated the dispensaries in the City of Los Angeles and Cathedral City had been poorly managed. He discussed taxation of collectives. He discussed upcoming States proposing ordinances. In response to Mayor Pro Tem Vasquez, City Manager Hall stated he had received several comments and suggestions from the public which he would provide to the Council. Mayor Pro Tem Vasquez discussed his personal feelings regarding marijuana legalization. He suggested an ordinance without loop-holes be crafted. He stated he was on the Council to represent the community. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 6 of 13 Mayor DeRosa questioned how collectives could be taxed. City Attorney Green stated there could be payment to collectives which would be subject to the tax. Chief Conner explained the Board of Equalization's determination regarding the sale of for profit marijuana. Mayor DeRosa discussed the possibility of property seizure. Council Member Henry stated the Palm Springs ordinance was not effective. He stated the current ban had not been effective. He stated a clean, non-controversial ordinance was necessary. Mayor DeRosa stated the matter would come back in August 2013, including the emails submitted to City Manager Hall. Council Member Toles stated the operators should abide by the rules. Chief Conner stated marijuana was not legal in the State of California. He explained Proposition 215. He stated the Council's lawful decision would be supported. Council Member Henry read from the California Normal website. City Attorney Green discussed the City's existing ordinance. Mayor DeRosa stated the matter would come back to the Council on August 10, 2013. She stated WeedMap.com indicated there were 28 local locations available for medical marijuana. 4. City Council/Staff reports and inquiries on new or ongoing projects. None. RECESS City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 7 of 13 REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY BOARD AND AS THE HOUSING SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY CALL TO ORDER Mayor DeRosa called the Regular meeting of the City Council to order at 6:30 p.m. PRESENTATIONS AND PROCLAMATIONS None. CLOSED SESSION ANNOUNCEMENTS City Attorney Green stated there was no reportable actions. PUBLIC COMMENTS Mayor DeRosa opened public comments. Theresa Hooks, Cathedral City, requested the Council consider business development that would generate revenue for the City. She stated businesses would not want medical marijuana next door. Pat Cooper, Supervisor John Benoit's Office, introduced herself. There being no additional speakers, Mayor DeRosa closed public comments. URGENCY ITEMS None. AGENDA FINALIZATION Council Member Pettis pulled Item Nos. 2 and 7 from the Consent Calendar. COUNCIL COMMENTS Council Member Toles thanked the Council for its indulgence on the medical marijuana issue. He discussed the new 7-11 and Volkswagen dealership. He urged the Council and City Manager to continue to clean up the City. He discussed his marriage in Niagara Falls four years ago. He expressed gratitude for the recent Supreme Court decision making his marriage legal. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 8 of 13 Council Member Henry discussed the positive relationship between the City and Chamber of Commerce. Council Member Pettis thanked the residents for their input regarding the types of businesses desired in the City. He discussed the revenue provided by In N Out. He encouraged residents to shop at the large retailers and auto dealers. He acknowledged Economic Development Manager Lukes for her efforts to bring businesses to the City. Mayor Pro Tern Vasquez wished everyone a Happy 4th of July and reminded residents that the City allowed safe and sane fireworks. Mayor DeRosa requested the Council sign the Partnership Pledge supporting the Desert Aids Project Initiative. She stated she attended the first US Conference of Mayors and was working on an initiative to get businesses online. COMMITTEE ASSIGNMENTS See last page of Agenda Book. MINUTES None. CONSENT AGENDA Item Nos. 2 and 7 were pulled from the Consent Calendar. MOTION Council/Board Member Toles moved and Mayor Pro Tem/Vice Chair Vasquez seconded a motion to approve the Consent Calendar, with the exception of Item Nos. 2 and 7. The motion carried unanimously. The Consent Calendar consisted of the following items: A. COUNCIL/CITY COUNCIL AS HOUSING SUCCESSOR AGENCY/CITY COUNCIL AS SUCCESSOR AGENCY BOARD: None. B. CITY COUNCIL 1. COUNCIL. Approve extension of all Commission and Committee Member Terms for a period of up to 90 days, therefore allowing a review of each Commission and/or Committee is made, with respect to their structure, size and duties. Recommendations will be made to the City Council. (P. Hammers) by M.O. 6132 City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 9 of 13 3. COUNCIL. Approve the Community Development Block Grant (CDBG) Citizen Participation Plan pursuant to the requirements of the U.S. Department of Housing and Urban Development(P. Milos) (Pg. 17-24)by M.O. 6133 4. COUNCIL. Approve the Community Development Block Grant (CDBG) fiscal year 2012 Annual Action Plan Amendment to reallocate funds from the Fountain of Life Rehabilitation Project to the De Anza Asphalt Improvement Project for submittal to the U. S. Department of Housing and Urban Development (P. Milos) (Pg. 25-29) by M.O. 6134 5. COUNCIL. Approve a Resolution of the City Council of Cathedral City and assessments of special assessments against properties for nuisance abatement cost. (K. Conner) (Pg. 30-35)by Resolution No. 2013-224 6. COUNCIL. Authorize the submittal of a grant application for Fiscal Year 2013 for Edward Byrne Memorial Assistance Grant Program in the amount of $15,295.88, with the Riverside County Sheriff acting as the Fiscal Agent for the 12 disparate agencies in the Riverside County. (K. Conner) (Pg. 36-56) by M.O. 6135 8. COUNCIL. Approve proposed Service Provider Agreement between the City of Cathedral City and the Cathedral City Chamber of Commerce. (L. Lukes) (pg. 90-102) by M.O. 6136 9. COUNCIL. Approve adoption of a revised Resolution of the Cathedral City Council authorizing the submittal of an application, and implementation documents to the California State Department of Housing and Community Development for funding under the HOME Investment Partnership Program for the benefit of Southern California Housing Development Corporation ("CORE") (P. Milos) (Pg. 103-107) by Resolution 2013-215 Amended The following items were pulled from the Consent Calendar for individual consideration: 2. COUNCIL. Approval of Burrtec Waste and Recycling Services request for rate increase on commercial, residential and roll-off and multi-family services (D. Pressgrove/P. Milos) (Pg. 2-16) Council Member Pettis stated rate increases should be discussed publically. He requested information on the increase in costs experienced by Burrtec and how it related to increasing commercial and residential rates. Mike Vito, Indio, Burrtec Waste and Recycling, stated there was a service and disposal increase. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 10 of 13 Council Member Pettis requested Mr. Vito ensure that CNG vehicles were being used. In response to Council Member Pettis, Mr. Vito discussed the increases to residential and commercial customers. He stated he would look into whether three month free service for new businesses was still being provided. Council Member Toles discussed Burrtec's charitable contributions to the community. MOTION Council Member Pettis moved and Mayor Pro Tem Vasquez seconded a motion to approve Burrtec Waste and Recycling Services request for rate increase on commercial, residential and roll-off and multi-family services by M.O. 6213-A. The motion carried unanimously. 7. COUNCIL. Approve Second reading and adoption, reading by title only, of an Ordinance of the City Council of the City of Cathedral City, to become effective only upon occurrence of the conditions specified herein, amending Chapters 9.108. 9.40, 9.36, 9.30 and Section 13.80.240 of the Cathedral City Municipal Code, and Repealing Ordinance Nos. 721 and 722 to provide for the permitting and regulation of medical marijuana dispensaries in specified zones of the City by issuance of a Conditional Use Permit. (C. Green) (Pg. 57-89) City Attorney Green presented the staff report. Mayor DeRosa opened public comments. Gino Sada Devino (very difficult to understand his name), Palm Desert, Compassionate Therapeutic Care, stated regulation of medical marijuana was necessary. He stated the law was confusing. He stated the Council had the opportunity to regulate medical marijuana dispensaries. Theresa Hooks, Cathedral City, agreed that the ordinance and laws were poorly written so the City should wait until it was clear. She suggested fining the property owner that leased the property for illegal activity. She stated the City should not follow the other cities. She urged the Council to vote against the ordinance. There being no additional speakers, Mayor DeRosa closed public comments. City Attorney Green explained that ordinance became effective if the Court ruled it was illegal or the voter's overruled the ban. MOTION Council Member Toles moved and Mayor Pro Tern Vasquez seconded a motion to approve second reading and adoption, reading by title only, of an Ordinance of the City Council of the City of Cathedral City, to become effective only upon occurrence of the conditions specified herein, amending Chapters 9.108. 9.40, 9.36, 9.30 and Section City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 11 of 13 13.80.240 of the Cathedral City Municipal Code, and Repealing Ordinance Nos. 721 and 722 to provide for the permitting and regulation of medical marijuana dispensaries in specified zones of the City by issuance of a Conditional Use Permit by Ordinance No. 724. The motion carried unanimously. PUBLIC HEARINGS 10. COUNCIL. Consider First Reading and Introduction of an Ordinance, reading by title only, to amend the Provisions of Sections 3.12.280, Regulations Regarding Selection of Contract Services, and 3.12.330, Local Preference to Suppliers. (L. Lukes) (pg. 108-113) Economic Development Manager Lukes presented the staff report. Council Member Pettis stated he would vote no on the ordinance because the City should not lose money. Council Member Henry thanked Economic Development Manager Lukes and requested she work with the Chamber to encourage local businesses to work with the City. Mayor De Rosa opened public comments. There being no speakers, Mayor De Rosa closed public comments. MOTION Council Member Henry moved and Council Member Toles seconded a motion to consider first reading and introduction of an ordinance, reading by title only, to amend the provisions of Sections 3.12.280, Regulations Regarding Selection of Contract Services, and 3.12.330, Local Preference to Suppliers by M.O. 6137. The motion carried 4-1, Council Member Pettis dissenting. LEGISLATIVE ACTIONS 11. COUNCIL. Consider First Reading and Introduction of an Ordinance of the City Council of the City of Cathedral City, reading by title only, amending the Municipal Code to reconstitute the Planning Commission, Architectural Review Committee and the Streets and Transportation Commission; specifically Chapter 2.06 Board and Commissions. 2.22 Streets and Transportation Commission, 2.20 Planning Commission, and 2.30 Architectural Review Committee; and providing an effective date. (A. Hall) (Pg. 114- 120) City Manager Hall presented the staff report. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 12 of 13 Mayor DeRosa opened public comments. There being no speakers, Mayor DeRosa opened public comments. Council Member Pettis asked if the commissions had been briefed on the matter. City Manager Hall stated the commissions had not been briefed and the ARC had suggestions. He stated the public hearing on the ordinance would be held on August 14, 2013. MOTION Council Member Toles moved and Mayor Pro Tern Vasquez seconded a motion to consider first reading and introduction of an ordinance of the City Council of the City of Cathedral City, reading by title only, amending the Municipal Code to reconstitute the Planning Commission, Architectural Review Committee and the Streets and Transportation Commission; specifically Chapter 2.06 Board and Commissions. 2.22 Streets and Transportation Commission, 2.20 Planning Commission, and 2.30 Architectural Review Committee; and providing an effective date by M.O. 6138. The motion carried unanimously. COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS Mayor DeRosa reminded residents that the next meeting was August 14, 2013. She discussed the Partnership Pledge supporting Desert Aids Project Initiative. The Council discussed the use of the City logo. City Clerk Hammers stated it was against policy to allow use of the logo. Mayor DeRosa stated the Council had already passed a resolution supporting the Partnership Pledge. She congratulated Council Member Toles and his husband on their anniversary and the newlyweds married at City Hall. ADJOURNMENT Mayor DeRosa adjourned the Regular Meeting at 8:18 p.m. KATHLEEN J. DEROSA, Mayor City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency Board Minutes of July 2, 2013 Page 13 of 13 • ATTEST: Gary F. Howell, 4ity Clerk (seal)