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HomeMy WebLinkAboutCC Min 2014-09-10 Cathedral City MINUTES CITY COUNCIL OF CATHEDRAL CITY AND CITY COUNCIL SERVING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY SEPTEMBER 10, 2014 5:00 P.M. CLOSED SESSION 5:15 P.M. STUDY SESSION 6:30 P.M. REGULAR MEETING 68-700 Avenida Lalo Guerrero, Cathedral City, CA 92234 CALL TO ORDER -CLOSED SESSION Mayor De Rosa called the Closed Session portion of the meeting to order at 5:00 p.m. ROLL CALL Present: Council Member Pettis, Mayor Pro Tenn Vasquez and Mayor DeRosa Absent: Council Member Henry Motion to excuse the absence of Council Member Henry by Council Member Pettis, Second by Mayor Pro Tern Vasquez, no objections. CLOSED SESSION PUBLIC COMMENTS - None AGENDA APPROVAL SUMMARY OF CLOSED SESSION ITEMS Charles Green, City Attorney read a summary of the items under Closed Session. CLOSED SESSION A. CITY COUNCIL AS SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY: 1. CITY COUNCIL AS SUCCESSOR AGENCY - CONFERENCE WITH REAL PROPERTY NEGOTIATOR Pursuant to Government Code Section 54956.8 (T. Scott) Property Location: Approximately 3.3 acres at NW Corner of East Palm Canyon Drive and Date Palm Drive Property Owners: Redevelopment Agency of Cathedral City City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Minutes of September 10, 2014 Page 2 of 8 Negotiating Parties: City of Cathedral City as Successor Agency, Wessman Development, City Urban Revitalization Corporation Under Negotiation: Property Negotiations B. CITY COUNCIL: 2. CITY COUNCIL - CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - Pursuant to (Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code. (C. Green) Name of case: City of Cathedral City v. Grasshopper et. al., Riverside County Superior Court RECESS The Council recessed to Closed Session at 5:03 p.m. ADJOURNMENT Mayor DeRosa adjourned the Closed Session Meeting at 5:30 p.m. CALL TO ORDER—STUDY SESSION Mayor DeRosa called the Study Session portion of the meeting to order at 5:30 p.m. PLEDGE OF ALLEGIANCE— Led by Mayor Pro Tem Vasquez INVOCATION - Mayor DeRosa gave the invocation. CATHEDRAL CITY HIGH SCHOOL STUDENT REPORTS - None PRESENTATIONS AND PROCLAMATIONS - None PUBLIC COMMENT Mayor DeRosa opened Public Comment, there being none, she closed Public Comment. STUDY SESSION AGENDA 1. Receive presentation of Events Calendar. (C. Parman) (Pg. 1) Chris Parman, Communication/Events Manager, introduced the new website DiscoverCathedralCity.com, which is in addition to the current City Government Website. He reviewed all the scheduled upcoming events. He also requested direction from Council with regard to making improvements to the vacant lot adjacent to the UltraMAX Theatre, which would consist of grass and desert scape, in an amount not to exceed $100,000.00. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Minutes of September 10, 2014 Page 3 of 8 Council directed staff to move forward with the improvements to vacant lot adjacent to the UltraMAX Theatre. Any contract for work on this improvement project will come back for final approval of the City council. 2. Discussion on Special Use Permit for the Cathedral City Farmers' Market starting October 5, 2014 to May 24, 2015. (P. Milos) (Pg. 2-22) Pat Milos, Community Development Director, gave an update of the Farmer's Market and the requested Special Use Permit. 3. Receive update on Whitewater Park Construction Project. (P. Milos) Pat Milos, Community Development Director and John Corella, Senior Engineer, gave an update on the Whitewater Park Construction. 4. Receive information on the Community Development Block Grant (CDBG) Fiscal Year 2013 Consolidated Annual Performance Report (CAPER). (P. Milos) (Pg. 23-50) Pat Milos, Community Development Director, provided information to the Council on the CDBG FY 2013 Consolidated Annual Performance Report (CAPER). 5. Discussion on amending the City's current massage therapist and establishment regulations and provide staff direction. (P. Milos) (Pg. 51-75) Pat Milos, Community Development Director, gave an update on where staff is on amending the current massage therapist and establishment regulations. Council provided some input of what they would like to see included in the amended Ordinance. Burt Boss, Cathedral City, suggested that the City make an effort to coordinate with all the cities in the Valley to come up with a new Ordinance so that all businesses in the Valley are held to the same standards. 6. Receive information on modifying the Fund Balance Policy for the City of Cathedral City. (T. Scott) (Pg. 76-86) Tami Scott, Administrative Services Director, gave an overview of the proposed modification of the Fund Balance Policy. Mayor DeRosa adjourned the Study Session Meeting at 6:38 p.m. REGULAR MEETING OF THE CITY COUNCIL AND THE CITY COUNCIL SERVING AS THE BOARD OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY. CALL TO ORDER— REGULAR MEETING Mayor DeRosa called the Regular Meeting of the City Council to order at 6:38 p.m. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Minutes of September 10, 2014 Page 4 of 8 PRESENTATIONS - None AGENDA FINALIZATION CLOSED SESSION REPORTS Charles Green, City Attorney, announced there were no reportable actions taken in Closed Session. URGENCY ITEMS PUBLIC COMMENTS Nikohl Vandel, Desert Hot Springs, stressed the importance of communicating with the residents of the community. Karen Panico-Wilis, Cathedral City, invited everyone to attend a Flap Jack fundraiser at Applebee's in Rancho Mirage to support Cystic Fibrosis. The event will be held on Saturday, October 4, 2014. Joy Brown-Meredith, Palm Springs, supports the Council getting a raise in their compensation. Mayor DeRosa closed Public Comment. COUNCIL COMMENTS Council Member Pettis, reported that he will not be in attendance at the next Council Meeting. He indicated that he will be traveling back from the rail conference. The trip is fully funded by Southern California Association of Governments. Mayor Pro Tem Vasquez, reported that from July 31st to the first week of September, three young adults of this community have lost their lives. Mayor DeRosa, encouraged the community to check out www.discovercathedralcitv.com. COMMITTEE ASSIGNMENTS - See last page of Agenda Book. CONSENT AGENDA A. COUNCIL/CITY COUNCIL AS SUCCESSOR AGENCY BOARD: 1. COUNCIL/CITY COUNCIL AS SUCCESSOR AGENCY BOARD. Receive and File payment of Claims and Demands in the aggregate sum of $5,937,647 for the month of August 2014. (T. Scott) (Pg. 1-2) by M.O. 6282. 2. COUNCIL/CITY COUNCIL AS SUCCESSOR AGENCY AND DOWNTOWN FOUNDATION BOARD. Approve minutes of Wednesday, August 13, 2014. (T. Cit y Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Minutes of September 10, 2014 Page 5 of 8 Martinez) (Pg. 3-12) B. CITY COUNCIL: 3. COUNCIL. Approve the award of a contract with CS Legacy Construction to construct the Whitewater Park Improvements in the contract bid amount of $2,449,241, and additional authorization of $2,136,269 for project contingency, management services, fees, soils testing, labor compliance services and authorize the purchase of materials and services by entering interlocal contracts for cooperative purchasing. (P. Milos) (Pg. 13-52) by M.O. 6283 and Resolution 2014-41. 4. COUNCIL. Approve a Special Use Permit for the operation of a certified Farmers' Market located along Avenida Lalo Guerrero and George Montgomery Trail in Town Square occurring Sundays from October 5, 2014 to May 24, 2015. (P. Milos) (Pg. 53- 73) by M.O. 6284. 5. COUNCIL. Approve a Special Use Permit for the Rotary sponsored Healing Fields Event, November 8 - 15, 2014. (C. Parman) (Pg. 74-81) by M.O. 6285. 6. COUNCIL. Approve a Special Use Permit for the Art Affaire at Town Square, January 10- 11, 2015 and March 14 - 15, 2015. (C. Parman) (Pg. 82-88) by M.O. 6286. 7. COUNCIL. Approve a Special Use Permit for the Cathedral City High School Homecoming Parade, October 22, 2014. (C. Parman) (Pg. 89-93) by M.O. 6287. 8. COUNCIL. Approve a Special Use Permit for Cathedral City Local 3654's National Fire Prevention Week Celebration, October 5, 2014 (Fire Prevention Week). (C. Parman) (Pg. 94-98) by M.O. 6288. 9. COUNCIL. Approve a Special Use Permit for the Jammin' for Jesus Event, January 17, 2015. (C. Parman) (Pg. 99-104) by M.O. 6289. 10. COUNCIL. Approve a Special Use Permit for the AMFM Film Festival Event, November 13, 2014. (C. Parman) (Pg. 105-111) by M.O. 6290. 11. COUNCIL. Approve a Special Use Permit for the Christmas Tree Lighting Ceremony, December 4, 2014. (C. Parman) (Pg. 112-116) by M.O. 6291. 12. COUNCIL. Approve a Special Use Permit for National Night Out Event, October 18, 2014. (C. Parman) (Pg. 117-121) by M.O. 6292. 13. COUNCIL. Approve a Special Use Permit for Circus Vargas, November 28, 2014 - December 3, 2014. (C. Parman) (Pg. 122-135) by M.O. 6293. City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Minutes of September 10, 2014 Page 6 of 8 14. COUNCIL. Approve the second reading and adoption, reading by title only, an Ordinance of the City of Cathedral City, California, approving Zone Ordinance Amendment No. 14-001, amending Chapter 9.31 MXC (Mixed Use Commercial) of the City's Zoning Ordinance to add minimum lot size development prohibitions and requirements to a specified portion of the MXC District. (T. Scott) (Pg. 136-139) by Ordinance 739. 15. COUNCIL. Approve the second reading and adoption, reading by title only, an Ordinance amending Chapter 2.04.05 of the Municipal Code increasing compensation paid to each member of the city Council from seven hundred ninety-one dollars and eight cents to one thousand one hundred sixty eight dollars and seventy nine cents per month effective December 21, 2014. (T. Scott) (Pg. 140-142) by Ordinance 740. 16. COUNCIL. Approve a Resolution Modifying the Fund Balance Policy for the City of Cathedral City. (T. Scott) (Pg. 143-153) by Resolution 2014-37. 17. COUNCIL. Approve a Service Provider Agreement with MVR Consulting for Project Management Services for the Downtown Festival Project. (T. Scott) (Pg. 154-190) by M.O. 6294. County h' 18. COUNCIL. Approve Final Fire Service Agreement with y to p rovide fire service in the North City Extended Annexation area. (C. McClendon) (Pg. 191-199) by M.O. 6295. MOTION FOR CONSENT AGENDA MOTION by Mayor Pro Tern Vasquez, second by Council Member Pettis, carried 3-0-1-0 (Council Member Henry was absent), to approve the Consent Agenda Items with Mayor DeRosa voting no on Item 15. PUBLIC HEARINGS - None LEGISLATIVE ACTIONS 19. COUNCIL. Consider repealing Resolution 2007-38 prohibiting the sale of alcohol within the Civic Center and Town Square areas at City produced events. (P. Milos) (Pg. 200- 203) Nikohl Vandel, Desert Hot Springs, opposed to allowing the sale of alcohol within the Civic Center and Town Square areas for City events. MOTION by Council Member Pettis, second by Mayor Pro Tern Vasquez, carried 3-0-1-0 (Council Member Henry was absent), to approve a Resolution 2007-38 prohibiting the sale of City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Minutes of September 10, 2014 Page 7 of 8 alcohol with the Civic Center and Town Square areas of City produced events by Resolution 1 2014-38. 20. COUNCIL. Consider introduction and approval, reading by title only, an Ordinance amending Chapter 5.82 of the Municipal Code "Regulations for the Operation of Food Trucks." (P. Milos) (Pg. 204-210) MOTION by Mayor Pro Tem Vasquez, second by Council Member Pettis, carried 3-0-1-0 (Council Member Henry was absent) to approve the introduction and first reading, by title only, an Ordinance amending Chapter 5.82 of the Municipal Code "Regulations for the Operations of Food Trucks by M.O. 6296. 21. COUNCIL. Consider approval of a Resolution establishing a deposit requirement for applications for Conditional Use Permits for Medical Marijuana Dispensaries. (P. Milos) (Pg. 211-215) Valerie Schechter, Cathedral City, questioned if those applying to run a Medical Marijuana Dispensary will be required to have medical knowledge. Gino Segradeli, Palm Desert, expressed his frustration with the lottery process and finding a location that would be permissible under the code to have a Medical Marijuana Dispensary. Nikohl Vandel, Desert Hot Springs, stated that the Council has a responsibility to the Community and they have the ability to do whatever they want to regulate the businesses that come into the community. MOTION by Council Member Pettis, second y Mayor Pro Tem Vasquez, carried 3-0-1-0 (Council Member Henry was absent), to approve a Resolution establishing a deposit requirement for application for Conditional Use Permits for Medical Marijuana Dispensaries by Resolution 2014-39. COUNCIL REPORTS ON CITIZEN INQUIRIES AND CONCERNS - None ADJOURNMENT Mayor DeRosa adjourned the meeting at 7:26 p.m. Approved and adopted by the City Council and City Council serving as the Successor Agency to the Redevelop"ent Agency on October 8, 2014. if / KAT LEEN J. DE` o 11 S A, Mayor City Council of Cathedral City and City Council Serving as the Successor Agency of the Redevelopment Agency, Minutes of September 10, 2014 Page 8 of 8 ATTEST:_ - - kt', Atai GARY F. ROWEL , 'ity •lerk (seal)