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HomeMy WebLinkAboutCC Min 2014-12-10 I Cathedral City CITY COUNCIL STUDY SESSION MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, December 10, 2014 STUDY SESSION 4:30 PM • CALL TO ORDER Mayor Henry called the Study Session Meeting to order at 4:30 p.m. • ROLL CALL AND STATEMENT OF PARTICIPATION BY THE CITY CLERK Present 4- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis, Council Member Shelley Kaplan, and Council Member Mark Carnevale • AGENDA FINALIZATION There were no items to add or delete. PUBLIC COMMENTS Allen Worthy was called to speak. He congratulated the Mayor and new Council Members on being elected to the City Council. He indicated that he is looking forward to the future of Cathedral City. STUDY SESSION A. 2014-207 Interview Applicant for the Planning Commission Ana Rodriguez was interviewed by the City Council to potentially fill a vacant seat on the Planning Commission with a term expiring on June 30, 2015. B. 2014-179 Options for Filling Vacant Council Seat City Manager McClendon, indicated that the City Council has two options for filling the vacant seat that currently exists on the City Council, with Stan Henry being elected as Mayor in the November 2014 Election. The City Council can call a special Election or they can make an appointment. He outlined the costs involved and the time frame for both options. Lynn Pope, Cathedral City, was called to speak. He indicated that he supports the appointment of Theresa Hooks to fill the vacant seat on the City Council. Victoria Churchill-Kilgore, Cathedral City, was called to speak. She indicated that she supports the appointment of Theresa Hooks to fill the vacant seat on the City Council. Denise Rodriguez Bowman, Cathedral City, was called to speak. She congratulated the newly elected officials. She urged the Council to reach out to the Hispanic population when considering an appointment to the vacant seat on the City Council. Peter Palladino, Cathedral City, was called to speak. He indicated that he opposes the appointment of Theresa Cathedral City Page 1 City Council Study Session STUDY SESSION December 10,2014 Hooks to fill the vacant seat on the City Council. Tom Robertson, Cathedral City, was called to speak. He encouraged the Council to appoint Theresa Hooks to fill the vacancy on the City Council. He feels that it would be good for the community to have a woman on the Council. Valerie Schechter, Cathedral City, was called to speak. She congratulated the Council on being elected to the Council. She would like to see the Council make an appiointment of someone that will not divide the community and will be the best individual for the community. She indicated that she would like to see the Council appoint someone from the latino community. Phyllis Mongiello, Palm Desert, was called to speak. She supports the appointment of Theresa Hooks. She would like to see a woman on the Council. James Price, Cathedral City, was called to speak. He would like to see the Council go through the process of interviewing those who are interested in serving and would like to the Council to move quickly. He supports the appointment of John Aguilar. Teri Hargreaves, Cathedral City, was called to speak. She supports the appointment of Theresa Hooks to fill the vacant seat on the City Council. John Soulliere, Cathedral City, was called to speak. He supports the appointment of Theresa Hooks to fill the vacant seat on the City Council. Diane Gill, Cathedral City, was called to speak. She expressed concern with the appointment of Theresa Hooks to fill the vacant seat on the City Council. She feels that the hispanic population needs to be represented. Nick Nickerson, Cathedral City, was called to speak. He congratulated the new Council Members and Mayor. He indicated that he and his wife Lisa support the appointment of Theresa Hooks to fill the vacant seat on the City Council. Roger Culbertson, Cathedral City, was called to speak. He supports the appointment of Theresa Hooks to fill the vacant seat on the City Council. Paul Marchand, Cathedral City, was called to speak. He indicated that he feels the City Council should go through an interview process and make an appointment to fill the vacant seat on the City Council. Art Gregoire, Cathedral City, was called to speak. He congratulated the newly elected officials. He indicated his support of the Council opening the process up to anyone who would like to be considered to fill the vacant seat on the City Council. Alan Carvalho, Cathedral City, was called to speak. He congratulated the newly elected Council Members. He indicated his support for the Council going through the process of interviewing individuals who are interested in filling the vacant seat on the City council. He does not support the appointment of Theresa Hooks. Todd Hooks, Cathedral City, was called to speak. He congratulated the newly elected officials. He clarified that his employment with the Tribe is not a conflict if his wife, Theresa Hooks, is appointed to fill the vacant seat on the Council. He indicated that in the event that the Council appoints her to fill the vacancy he will resign from the Planning Commission. Cathedral City Page 2 City Council Study Session STUDY SESSION December 10,2014 Kevin Brandt, Cathedral City, was called to speak. He indicated that he supports the Council filling the vacancy by appointment. He also indicated that he supports Theresa Hooks to fill the vacant seat on the City Council. Jens Mueller, Cathedral City, was called to speak. He congratulated the newly elected Council Members. He indicated that he supports the appointment of Theresa Hooks to fill the vacant seat on the City Council. Fred Bell, Cathedral City, was called to speak. He feels that the City Council needs to be transparent and do the right thing. He congratulated the newly elected officials. He would like the Council to carefully consider what they decide to do with this vacancy. Kevin Browne, Cathedral City, was called to speak. He expressed his concern with the possible appointment of Theresa Hooks. He would like to see the City move forward and appoint someone who is impartial and neutral. He would like the Council to go through an interview process when making an appointment. Linda Snowden, Cathedral City, was called to speak. She congratulated the Mayor and new Council Members on being elected to the Council. She indicated that she has a deep concern with the possible appointment of Theresa Hooks. She feels that the right person needs to be appointed to fill the vacant seat on the Council. Frank Failing, Cathedral City, was called to speak. He feels that the hispanic population needs to be represented and appoint Sergio Espericueta. Rosario Avila, Cathedral City, was called to speak. She does not support the appointment of Theresa Hooks and she does not support the appointment of John Aguilar. Steve Ellington, Cathedral City, was called to speak. He supports the appointment of the will of the people and appoint Theresa Hooks to fill the vacant seat on the City Council. Carlson Peters, Cathedral City, was called to speak. He congratulated the new members of the Council. He feels that searching for the most qualified individual to fill the vacant seat is important to the community. He does not support the appointment of Theresa Hooks to fill the vacant seat on the City Council. Mayor Henry indicated that the City Council received several letters and emails and all of them have been entered into the record and included in the packet which is available on the website. It was the direction of the City Council to go through an interview process to fill the vacant seat on the City Council as outlined in the Staff Report. Those interested should submit a resume and letter of interest by noon on December 16, 2014, to the City Clerk's Department. A special meeting will be held on December 17, 2014, to conduct the interviews and make a possible appointment at a time to be determined based on the number of applicants we have. Each Council Member shall submit questions for consideration to the Deputy City Clerk. The Deputy City Clerk will prepare an evaluation sheet for each person to be interviewed. Each person will be interviewed at the public meeting based on a random number draw, which will be done to establish the order. Each person will have fifteen minutes. A motion was made by Council Member Carnevale,seconded by Council Member Kaplan,to go through an interview process to fill the vacant seat on the City Council as outlined in the Staff Report. The motion carried by the following vote: Aye: 4- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, and Council Member Carnevale Enactment No: M.O. 6337 C. 2014-203 AMFM Festival 2014-Summary Report Stephanie Bell, Festival Director, gave a summary report of the AMFM Festival 2014. Cathedral City Page 3 City Council Study Session STUDY SESSION December 10,2014 Chris Parman, Communications&Events Manager, gave a summary report of the AMFM Festival 2014 outlining the positives and the challenges. D. 2014-210 Preview of City Events for Winter/Spring 2015 Chris Parman, Communications and Events Manager, gave an overview of the upcoming events for Winter 2014 and Spring 2015. E. 2014-166 DUI Impound VICR Fee Resolution This item will be heard at the January 12, 2015 City Council Meeting. ADJOURN Mayor Henry adjourned the Study Session meeting at 6:48 p.m. STANLEY:HENRY, MKor ATTES :ES — Y . HO. LL, Cif' Clerk` Cathedral City Page 4 Cathedral City CITY COUNCIL MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Wednesday, December 10, 2014 REGULAR MEETING 6:30 PM • CALL TO ORDER Mayor Henry called the Regular Meeting of the City Council to order at 6:50 p.m. • PLEDGE OF ALLEGIANCE • INVOCATION (MOMENT OF REFLECTION) • ROLL CALL AND STATEMENT OF PARTICIPATION BY THE CITY CLERK Present: 4- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis,Council Member Shelley Kaplan,and Council Member Mark Carnevale • AGENDA FINALIZATION There were no items to add or delete from the Agenda. 1. SPECIAL PRESENTATIONS Police Chief Award Police Chief Connor presented the Chief's Award to Sgt. Paul Herrera. 2. PUBLIC COMMENTS Susie Del Toro/Lee Wilson, Palm Springs, was called to speak. They gave an update on the Fallen Heroes banner project that they are working on. Conner Erb, Cathedral City,presented home town banners for those that lived in Cathedral City that were killed in combat. • Lynn Mallotto, Cathedral City Chamber of Commerce, was called to speak. She congratulated the new members of the City Council. She invited everyone to attend the State of the City address and installation of the Chamber of Commerce Board Members. Michael Harrington, Rancho Mirage, was called to speak. He presented some information on human trafficing and labor trafficing. He stated that he would like to work with the Police Department to get the information out to the community. Don DeLair, Cathedral City, was called to speak. He reported that he and his wife are the founders of Kings Schools. He indicated that he supports Theresa Hooks being appointed to the vacant Council seat. Cathedral City Page 1 Printed on 1/28/2015 City Council REGULAR MEETING December 10,2014 Nikohl Vandel, DHS, was called to speak. She indicated that she is an activist and feels that just because people are out expressing their first amendment doesn't mean that they shouldn't be protected by the police, they are real people with rights. Allen Worthy was called to speak. He congratulated the newly elected Council Members. It is his hope that the City Council exercises their due diligence while making their appointment to fill the vacant seat on the City Council. He expressed his frustration with the Palm Springs Police Department and City Council. Patti Storie, Cathedral City, was called to speak. She indicated that she strongly supports the appointment of Theresa Hooks to fill the vacant seat on the City Council. Mike Storie, Cathedral City, was called to speak. He stated that he supports the appointment of Theresa Hooks to fill the vacant seat on the City Council. John Rivera, Cathedral City, was called to speak. He supports the appointment of Theresa Hooks to the vacant seat on the City Council. John Elliott, Cathedral City, was called to speak. He gave an overview of how Minerva Road became known as Candy Cane Lane. The Mayor presented him with a Proclamation,proclaiming Minerva Road as Candy Cane Lane. 3. CONSENT AGENDA Approval of the Consent Agenda A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Kaplan,to approve the following Consent Agenda Items.The motion carried by the following vote: Aye: 4- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, and Council Member Carnevale 3.A. 2014-199 Receive and File Payment of Claims and Demands The Claims and Demands in the aggregate sum of$3,254,765 for the month of November,2014,was approved. Enactment No: M.O.6328 3.B. 2014-206 City Council Minutes of November 12, 2014 The Minute of November 12,2014 were approved. 3.C. 2014-200 East Palm Canyon Drive Street Improvements Final Acceptance The Final Acceptance of the East Palm Canyon Drive Street Improvements Project was approved. Enactment No: M.O.6329 3.D. 2014-201 Avenida Maravilla Street Improvements Final Acceptance The Final Acceptance of the Avenida Maravilla Street Improvements Projects was approved. Enactment No: M.O.6330 3.E. 2014-212 Annual Virgin de Guadalupe Procession Special Use Permit Cathedral City Page 2 Printed on 1/28/2015 City Council REGULAR MEETING December 10,2014 Special Use Permit#14-040 for the Annual Virgin de Guadalupe Procession was approved. Enactment No: M.O. 6331 3.F. 2014-204 Ordinance Second Reading -Stay on Administrative Actions Pending Appeal This Ordinance was adopted. Enactment No: Ord 743 3.G. 2014-220 Second Reading of an Ordinance amending the Official Zoning Map, Change of Zone No. 14-002. This Ordinance was adopted. Enactment No: Ord 744 3.H. 2014-215 Second Reading of an Ordinance Amending Specific Plan (SP) 97-55 This Ordinance was adopted. Enactment No: Ord 745 3.1. 2014-216 Second Reading of an Ordinance Amending Zoning Code and Map for the Housing Element This Ordinance was adopted. Enactment No: Ord 746 4. PUBLIC HEARINGS 4.A. 2014-182 CDBG Annual Action Plan Amendments Rosario Avila, Cathedral City, was called to speak. She indicated that she gave 2 hours of comments during the posted public commenting period and only a few items were included in the report. She feels that some of the funds should be geared more towards a homeless organization that does not require background checks and also would like more transparency on where the administrative funds are spent. She expressed her desire to see more people involved with the decisions on how CDBG funds are distributed. Nikohl Vandel, Desert Hot Springs, feels that Ms.Avila's comments should be considered. She encouraged the new Council to consider what the public says and to engage with the community. A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Kaplan,to approve the substantial amendments to the Fiscal Years 2013-2014 through 2014-2015 Annual Action Plans for submittal to the U.S.Department of Housing and Urban Development(HUD)and authorize the City Manager or his designee the authority to submit the substantial amendment to the U.S.Department of Housing and Urban Development(HUD)for their review and record. The motion carried by the following vote: Aye: 4- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan,and Council Member Carnevale Enactment No: M.O. 6332 Cathedral City Page 3 Printed on 1/28/2015 City Council REGULAR MEETING December 10,2014 4.B. 2014-202 Formation of Improvement Area 6 -CFD 2006-1 A motion was made by Council Member Kaplan,seconded by Mayor Pro Tem Pettis,to approve the following: A Resolution determining the validity of prior proceedings and establishing the Improvement Area No. 6 of the City of Cathedral City Community Facilities District No.2006-1 (Law Enforcement,Fire, Paramedic and Park Maintenance Services). A Resolution calling a special election within Improvement Area No.6 of the City of Cathedral City Community Facilities District No.2006-1 (Law Enforcement,Fire,Paramedic and Park Maintenance Services). Hold the Election. Adopt the Resolution canvassing the results of the election held within Improvement Area No.6 of the City of Cathedral City Community Facilities District No.2006-1 (Law Enforcement,Fire,Paramedic and Park Maintenance Services). Conduct the First Reading of the Ordinance authorizing the levy of a special tax within Improvement Area No.6 of the City of Cathedral City Community Facilities District No.2006-1 (Law Enforcement, Fire,Paramedic and Park Maintenance Services). Aye: 4- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan,and Council Member Carnevale Enactment No: Reso 2014-49/Reso 2014-50/Reso 2014-51/M.O.6333 4.C. 2014-214 Appeal of Planning Commission Approval of Conditional Use Permit 14-006 for Un Ejercito Para Cristo Church located at 28401 Date Palm Drive in Cathedral City. Mayor Henry opened the Public Hearing. Michael Checkian, Attorney for Mr. Kasman,gave an overview of the following reasons for their appeal of CUP-14-006: Applicant illegally occupies subject property. Applicant is not a non-profit organization and has no business license. CUP violates ADA Federal Law. CUP Municipal Law violation-too few bathrooms. CUP Municipal Law violation-Report writer absent from hearing. CUP violates Municipal Law-Findings Deficient. Mr.Kasman gave an overview of the history related to properties that he owns in Cathedral City in particular to those adjacent and surrounding the related property in which the Planning Commission approved CUP 14-006, which he is appealing. Dr.Katan,property owner, responded to some of the issues that were brought up by the appellant. Pat Milos, Community Development Director,responded to the items that were brought up by the appeallant. Xavier Munoz, Pastor of the Church, he is in support of the prposed project. Mayor Henry closed the Public Hearing. Cathedral City Page 4 Printed on 1/28/2015 City Council REGULAR MEETING December 10,2014 A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Kaplan,to deny the appeal of the Planning commission to approve a Conditional Use Permit but to add the condition of adjusting the occupancy number to 75 in Section 3.2 in the conditions. The motion carried by the following vote: Aye: 3- Mayor Henry, Mayor Pro Tern Pettis,and Council Member Kaplan Nay: 1 - Council Member Carnevale Enactment No: M.O. 6334 4.D. 2014-221 General Plan Amendment 14-001 and Change of Zone 14-001 Mayor Pro Tern Pettis recused himself from this item. Mayor Henry opened the Public Hearing. Bob Mainiero, Engineer for the applicant, was called to speak. Requested approval of the General Plan Amendment 14-001 and Change of Zone 14-001 and indicated that he was available for any questions. Mayor Henry closed the Public Hearing. A motion was made by Council Member Carnevale,seconded by Council Member Kaplan,approve the associate exemption to the California Environmental Quality Act(CEQA),adopt a Resolution approving the General Plan Amendment 14-001 and read by title only and introduce the first reading of an Ordinance of an Ordinance adopting change of Zone 14-001. The motion carried by the following vote: Aye: 3- Mayor Henry, Council Member Kaplan,and Council Member Carnevale Absent:- Mayor Pro Tern Pettis Enactment No: Reso 2014-52/M.O.6335 5. LEGISLATIVE ACTIONS 5.A. 2014-181 Reduction of Multiple Species Local Development Mitigation Fee A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Carnevale,to approve a Resolution adopting the amended local development mitigation fee schedule applicable to new development within the City of Cathedral City. The motion carried by the following vote: Aye: 4- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan,and Council Member Carnevale Enactment No: Reso 2014-53 5.B. 2014-209 Planning Commission Appointment Nikohl Vandel, Desert Hot Springs, was called to speak. Feels that the voice of women are not heard. She would like to see an outreach to all areas of the community when considering appointments to the Commissions and Council. A motion was made by Mayor Pro Tem Pettis,seconded by Council Member Carnevale,to appoint Anna Rodriguez to fill the vacant seat on the Planning Commission with a term expiring on June 30, 2015. The motion carried by the following vote: Aye: 4- Mayor Henry, Mayor Pro Tern Pettis, Council Member Kaplan, and Council Member Carnevale Cathedral City Page 5 Printed on 1/28/2015 City Council REGULAR MEETING December 10,2014 Enactment No: M.O.6336 6. COUNCIL REPORTS Council Member Carnevale, reported that he met with the Auto Center. He attended the Boys and Girls Club event and the Christmas Tree Lighting Event. He participated in the harassment training. Mayor Pro Tem Pettis, attended the County Transportation Commission, White Water Preserve, beautiful place. Mayor Henry, encouraged everyone to go out and experience Candy Cane Lane. He stated that there are new Council Members and asked that the residents bear with them while they learn the process. It is the goal of the Council to be more transparent so that ecveryone understands the business of the City. He also asked that everyone fill out request to speak forms when wanting to address the Council so that the information is available for the record and it also helps with the flow of the meeting. 7. CLOSED SESSION City Attorney Green announced a summary of the Closed Session Items that the City Council will be discussing. 7.A. 2014-217 CITY COUNCIL-Conference with Labor Negotiator Pursuant to Government Code Section 54956.6. Agency Negotiator: Charles McClendon, City Manager 9 Y 9 � tY 9 Represented Employees: Cathedral City Fire Management Association Cathedral ity Professional Firefighters Association 7.B. 2014-219 CITY COUNCIL AS SUCCESSOR AGENCY - Conference with Real Property Negotiator Pursuant to Government Code Section 54956.8 Property Y Location: Approximately 20 acres at NW Corner of East Palm Canyon Drive and Date Palm Drive Property Owners: Redevelopment Agency of Cathedral City Negotiating Parties: City of Cathedral City as Successor Agency, City Urban Revitalization Corporation, Saxony Group Under Negotiation: Property Negotiations The City Council convened into Closed Session at approximately 8:45 p.m. The City Council reconvened at approximately 9:43 p.m. City Attorney Green announced that the City Council met in Closed Session and there was no reportable action taken. ADJOURN Mayor Henry adjourned the City Council Meeting at 9:45 p.m. STANLEY E. HENRY, Mayor Cathedral City Page 6 Printed on 1/28/2015 City Council REGULAR MEETING December 10,2014 ATTEST' �� i v—•�ii. �- . HO LL, City CI'4 k Cathedral City Page 7 Printed on 1/28/2015