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HomeMy WebLinkAboutCC Min 2015-01-12 A Cathedral City CITY COUNCIL STUDY SESSION MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Monday, January 12, 2015 STUDY SESSION 4:30 PM • CALL TO ORDER Mayor Henry called the Study Session to order at 4:30 p.m. • ROLL CALL AND STATEMENT OF PARTICIPATION BY THE CITY CLERK Present 5- Mayor Stan Henry, Mayor Pro Tern Gregory S. Pettis, Council Member Shelley Kaplan, Council Member Mark Carnevale, and Council Member John Aguilar • AGENDA FINALIZATION There were no items to add or delete from the Agenda. PUBLIC COMMENTS There were no public comments. STUDY SESSION A. 2014-243 Interview Applicants for the Planning Commission The following individuals were interviewed in the order based on the computerized random number drawing: 1.Sergio Espericueta 2.Robert Reeves 3.Jim Warlin 4.Gary Amy 5.Felizardo Gaxiola 6.Kevin Brandt 7.Bruce Haulley 8.Linda Snowden B. 2014-230 ShareKitchen Update Angela Janus, Executive Director ShareKitchen, gave an overview of the services offered by ShareKitchen and an update on current activities, assistance provided and awards they have received. C. • 2014-232 CGI Communications Community Video Showcase Program Leisa Lukes, Economic Development Manager, stated that CGI Communications provided an opportunity for Cathedral City to participate in their Video Showcase Marketing Program at no cost to the City. The program provides community videos to showcase and promote the assets and attributes of communities throughout the United States. She shared the four videos that were prepared for Cathedral City. Cathedral City Page 1 City Council Study Session STUDY SESSION January 12,2015 D. 2014-234 Establishing the California HERO Program in Cathedral City Pat Milos, Community Development Director, introduced Katie Barrows, Director of Environmental Resources, CVAG,gave a brief overview of the HERO Program. She introduced Dustin Reilich, Director of the California HERO Program gave a presentation on how the program works. E. 2014-231 Ordinance Prohibiting Former Elected Officials from Lobbying the City City Manager McClendon, indicated that he was asked to place this item on the Study Session Agenda for discussion. He stated that City Attorney Green has indicated that Government Code Section 87406.3 prohibits a local official from lobbying the City and/or its related entities for a period of one year after she/he leaves office. City Manager McClendon stated that it would be at the Council's discretion to add local regulation, in addition to the State Law. Mayor Pro Tem Pettis requested that staff be made aware of the State Law. ADJOURN Mayor Henry adjourned the Study Session at 6:24 p.m. STANLEYE. HENRY, May ATTES -���R a H• ELL, City clerk Cathedral City Page 2 Cathedral City CITY COUNCIL SPECIAL MEETING MINUTES CITY COUNCIL CHAMBERS 68-700 AVENIDA LALO GUERRERO CATHEDRAL CITY, CA 92234 Monday, January 12, 2015 SPECIAL MEETING 6:30 PM • CALL TO ORDER Mayor Henry called the Special Meeting of the City Council to order at 6:30 p.m. • PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Kaplan. • INVOCATION (MOMENT OF REFLECTION) Council Member Carnevale offered the Invocation. • ROLL CALL AND STATEMENT OF PARTICIPATION BY THE CITY CLERK Present 5- Mayor Stan Henry, Council Member Gregory S. Pettis, Council Member Shelley Kaplan, Council Member Mark Carnevale, and Council Member John Aguilar • AGENDA FINALIZATION Mayor Henry stated that he will be moving Council Comments before the Counsent Agenda this evening. 1. SPECIAL PRESENTATIONS 1.A. 2014-229 Official Swearing-In of Police Chief George Crum Recommendation, Staff recommends that the City Council witness the official swearing-in of Cathedral City's new Police Chief, George Crum. Deputy City Clerk Tracey Martinez swore-in Police Chief George Crum. Chief Crum introduced his family and friends and the many individuals that were in attendance. He thanked the City Manager and the Council for the opportunity to serve the community as the Chief of Police. He expressed his excitement as he looks forward to working with the Council, Staff, buisnessowners, residents and visitors as Cathedral City moves forward. 2. PUBLIC COMMENTS There were no Public Comments. 6. COUNCIL REPORTS Council Member Carnevale, reported the he was able to dine at the new Bonta Restaurant for his grand daughter's birthday. He encouraged everyone to check out Christopher's Club House. He also reported that he will be going Cathedral City Page 1 Printed on 1/28/2015 City Council Special Meeting SPECIAL MEETING January 12,2015 to Sacramento to attend the New Council Member Seminar that is put on by the League of California Cities. Council Member Aguilar, reported that he attended the fundraiser at Christopher's Club House on Sunday. He indicated that he had an opportunity to speak to Christopher's mother, who is the founder, and she stated that they depend solely on funds they receive from public fund raising. He feels that it is truly a great program. He also reported that each councilmember received a voice mail message from a concerned citizen thanking Cathedral City Police Officer Olsen for her assistance when he had car trouble. Council Member Kaplan,reported that he also attended the fundraiser at Christopher's Club House. He also reported that he will be attending the League of California Cities training for new councilmembers. He stated that the Festival Lawn in front of City Hall looks great. Mayor Pro Tem Pettis, reported that he attended the CVAG Public Safety Meeting this morning where they received a presentation on Proposition 47. He requested that a presentation on Prop 47 be agendized on a future study session agenda. He also requested that the following items be discussed at future meetings: Public Arts Fees/Uses and Restrictions, Franchise Agreement with Time Warner Cable related to local non-profits having access to the studios and Code Enforcement Issues related to residential landscaping. Mayor Henry, thanked Alan Cavalho for filming the State of the City Address and for all of the work that he and Chris Parman did in preparation for the event. The video is available on YouTube. He announced that the City Council and staff will be having a workshop later this month to discuss the goals of the City and to determine their priorities. 3. CONSENT AGENDA Approval of the Consent Agenda A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,to approve the following Consent Agenda Items.The motion carried by the following vote: Aye: 5- Mayor Henry, Council Member Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar 3.A. 2014-246 Receive and file Payment of Claims and Demands Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency, the Housing Successor Agency, the Cathedral City Public Finance Authority Board, and the Cathedral City Downtown Foundation Board receive and file payment of claims and demands in the aggregate sum of $ 9,314,801 for the month of December, 2014. Received and Filed Payment of Claims and Demands. Enactment No: M.O.6338 3.B. 2014-241 City Council Minutes of December 2, 2014 Recommendation: Approve the City Council Minutes of December 2, 2014. The Minutes of December 2,2014 were approved. 3.C. 2014-228 Approve Construction Contracts for the Festival Lawn Recommendation: Staff recommends that the City Council approve construction contracts for Cathedral City Page 2 Printed on 1/28/2015 City Council Special Meeting SPECIAL MEETING January 12,2015 improvements to the Festival Lawn with the following companies: 1. Demo Unlimited, Indio, CA: $12,062 for removal of compacted asphalt grindings, $4,800 for site grading, $4,900 for hauling and placing compost and decorative boulders, and $4,000 for berm construction. 2. West Coast Turf, Palm Desert, CA not to exceed $14,007 for placement of 24,480 square feet of sod. The contracts for the Festival Lawn were approved. Enactment No: M.O.6339 3.D. 2014-233 Ratification of Labor Agreements Recommendation: Staff recommends that the City Council ratify the labor agreement with the Cathedral City Professional Firefighters Association "CCPFA" and memorialize changes to the Non-Represented, Professional Executive & Confidential Employee Group consistent with the previously approved Memorandum of Understanding with the Cathedral City Police Management Association. Ratification of Labor Agreement with the Cathedral City Professional Firefighters Association"CCPFA" and memorialize changes to the Non-represented,Professional Executive and Confidential Employee Group was approved. Enactment No: M.O.6340 4. LEGISLATIVE ACTIONS 4.A. 2014-223 Special Use Permit for the Cathedral City Artists and Historic Homes Tour Recommendation: Staff recommends that the City Council approve Special Use Permit #14-043 for the Agnes Pelton Society Cathedral City Artists and Historic Homes Tour and co-sponsor the event for$1,000. A motion was made by Council Member Aguilar,seconded by Council Member Carnevale,that Special Use Permit#14-043 for the Agnes Pelton Society 4th annual Cathedral City Artists and Historic Homes Tour be approved and that the City sponsor the event in the amount of$1,000 and any additional amount they are short after their ticket sales.The motion carried by the following vote: Aye: 5- Mayor Henry, Council Member Pettis, Council Member Kaplan, Council Member Carnevale,and Council Member Aguilar Enactment No: M.O. 6341 4.B. 2014-225 Special Use Permit-Theatre Square Market Recommendation: Staff recommends that the City Council amend Special Use Permit #14-028 to expand the number of days for an outdoor market. A motion was made by Council Member Pettis,seconded by Council Member Kaplan,to amend Special Use Permit 14-028 to allow them to operate every Saturday and Sunday from October to May in downtown Cathedral City.The motion carried by the following vote: Cathedral City Page 3 Printed on 1/28/2015 City Council Special Meeting SPECIAL MEETING January 12,2015 Aye: 5- Mayor Henry, Council Member Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar Enactment No: M.O.6342 4.C. 2014-237 DUI Impound VICR Fee Resolution Recommendation: Staff recommends that the City Council approve a resolution establishing Driving Under the Influence Vehicle Impound Cost Recovery fees. A motion was made by Council Member Aguilar,seconded by Council Member Kaplan,to approve a Resolution establishing Driving Under the Influence Vehicle Impound Cost Recovery Fees.The motion carried by the following vote: Aye: 5- Mayor Henry, Council Member Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar Enactment No: Reso.2015-01 4.D. 2014-244 Planning Commission Appointment Recommendation: Staff recommends that the City Council consider an appointment to fill the unexpired term on the Planning Commission with a term expiring on June 30, 2017. A motion was made by Council Member Pettis,seconded by Council Member Aguilar,to appoint Sergio Espericueta to fill the unexpired term on the Planning Commission with a term continuing to June 30,2017.The motion carried by the following vote: Aye: 4- Mayor Henry, Council Member Pettis, Council Member Kaplan,and Council Member Aguilar Nay: 1 - Council Member Carnevale Enactment No: M.O.6343 4.E. 2014-245 2015 Tour de Palm Springs Recommendation: Staff recommends that the City Council approve SP #15-001 with the requirements that the Tour pays half of the costs prior to the event and the other half of the costs within 30 days. The Tour shall also show proof of insurance naming the City as an additional insured with minimum liability coverage of$1 million. A motion was made by Council Member Carnevale,seconded by Council Member Aguilar,to approve Special Use Permit#15-001 with the requirements that the Tour pays half of the costs prior to the event and the other half of the costs within 30 days. They shall also provide proof of insurance naming the City as an additional insured with minimum liability coverage of$1 million. The motion carried by the following vote: Aye: 5- Mayor Henry, Council Member Pettis, Council Member Kaplan, Council Member Carnevale, and Council Member Aguilar Enactment No: M.O.6344 5. PUBLIC HEARINGS Cathedral City Page 4 Printed on 1/28/2015 City Council Special Meeting SPECIAL MEETING January 12,2015 City Attorney Green,indicated that this appeal process has been designed to be as transparent as possible. He announced that Council Member Carnevale and Mayor Pro Tem Pettis have a conflict with one of the appeals on the Agenda. He stated that it is the Attorney's office recommendation that both Mayor Pro Tern Pettis and Council Member Carnevale recuse themselves from all of the appeals on the Agenda this evening. In addition, Council Member Kaplan has a conflict with item 5C. due to the fact that he heard the item and voted on it as a Planning Commissioner, therefor, the law requires him to recuse himself because of due process. For item 5C. Staff will conduct a computerized random number draw to determine if Council Member Carnevale or Mayor Pro Tem Pettis will participate on Item 5C. Based on the number draw, Council Member Carnevale will participate on Item 5C. City Attorney Green indicated that Mayor Pro Tem Pettis and Council Member Carnevale will exit the premises at this time for the appeals to be heard. 5.A. 2014-240 Appeal of: Planning Commission (1) Decision Granting Conditional Use Permit Number 14-011 to Green Cross Pharma located at 68730 Summit Drive in Cathedral City; and (2) Decision Granting CEQA Exemption for same Recommendation: Staff recommends that the City Council hear an appeal of the decisions of the Planning Commission (1) Determining that the application for Conditional Use Permit Number 14-011 for Green Cross Pharma is complete; (2) Granting of Conditional Use Permit Number 14-011 to Green Cross Pharma; and (3) Granting CEQA Exemption same; hold a public hearing; and then uphold the Planning Commission Decisions on all issues, based upon the findings contained in this Staff Report and upon any oral findings made by the City Council. Nick Hermsen, Deputy City Attorney,presented the Staff Report. He gave an overview of Medical Marijuana Dispensary application process. He stated that the basis for the appeal relates to the building square footage, floor plan, alleged amendment to application, applicant's background, claim that further background is required and the California Environmental Quality Act(CEQA)Exemption. He indicated that all of the documents that were received from the appellant have been included in the Staff Report and made part of the record. Mayor Henry opened the Public Hearing. Steve Simas,Attorney representing Nicholas Hughes, the appellant, was called to speak. He presented what he finds to be the basis for their appeal. Nicholas Hughes,Appellant, was called to speak. He also presented information related to his appeal that was not covered by his attorney. Burt Bandow, Cathedral City, was called to speak. He stated that he is a victim of identity theft and expressed his concern with the applicant receiving a license based on her past. Maria Scagliotti,Applicant, was called to speak. She expressed her feelings with regard to all of the accusations that have been made against her. She responded to many of the statements that were made by the appellant. Jason Thompson,Attorney representing Maria Scagliotti was called to speak. He presented information rebutting the statements that were made by the appellant. Anna Santos, Cathedral City, was called to speak. She stated that she is supportive of the applicant, Maria Scagliotti. • Cathedral City Page 5 Printed on 1/28/2015 City Council Special Meeting SPECIAL MEETING January 12,2015 Gino DeLid, Palm Desert, was called to speak. He feels that the process is not right and it has become a nightmare. Matthew Hernandez, Palm Springs, was called to speak. He stated that he supports having multiple dispensaries being allowed in the City not just three. Steve Simas,Attorney representing Mr.Hughes, was called to speak. Made a rebuttal and referenced again the applicants past and how they feel it should be the basis of an incomplete application and should be denied. Jason Thompson,Attorney for Maria Scagliotti, was called to speak. He requested that the application be approved based on the information that was provided to the Council in the Staff Report and this evening. Mayor Henry closed the Public Hearing. A motion was made by Council Member Kaplan,seconded by Council Member Aguilar,determining that the application for Conditional Use Permit Number 14-011 for Green Cross Pharma is complete. The motion carried by the following vote: Aye: 3- Mayor Henry, Council Member Kaplan,and Council Member Aguilar Absent- Council Member Pettis, and Council Member Carnevale Enactment No: M.O.6345/M.O.6346/M.O. 6347 A motion was made by Council Member Aguilar,seconded by Council Member Kaplan,to approve the granting of Conditional Use Permit Number 14-001 to Green Cross Pharma with an additional condition that the portion of the premises that is not devoted to the approved use as a dispensary shall not be utilized for any purpose which relates to or is anciallary to the other portion of the facility that is a dispensary. The motion carried by the following vote: Aye: 3- Mayor Henry, Council Member Kaplan,and Council Member Aguilar Absent- Council Member Pettis,and Council Member Carnevale A motion was made by Council Member Kaplan,seconded by Council Member Aguilar, to grant the CEQA Exemption,carried by the following vote: Aye: 3- Mayor Henry, Council Member Kaplan,and Council Member Aguilar Absent- Council Member Pettis,and Council Member Carnevale 5.B. 2014-238 Appeal of Planning Commission Determination of Incompleteness on Conditional Use Permit Application for Cathedral City Care Collective Medical Marijuana Dispensary Recommendation: The City Attorney's office recommends that the City Council hear an appeal of the decision of the Planning Commission determining that the Dispensary Conditional Use Permit application was incomplete and then affirm the decision of the Planning Commission. Nick Hermsen, Deputy City Attorney,presented the staff report.He indicated the Planning Commission found that the application was incomplete based on the Ordinance. The proposed facility is within 1000 feet of Green Cross Pharma, another medical marijuana dispensary for which a CUP was approved by the Planning Commission on December 17, 2014. He indicated that all of the documents that were received from the appellant have been Cathedral City Page 6 Printed on 1/28/2015 City Council Special Meeting SPECIAL MEETING January 12,2015 included in the Staff Report and made part of the record. Mayor Henry opened the Public Hearing. Steve Simas,Attorney for Cathedral City Care Collective Medical Marijuana Dispensary, was called to speak. He presented their reason for their request of an appeal stating that the distance from Cathedral City Care Collective to Green Cross Pharma is 1033 feet and requested that consideration be made because of this. Mayor Henry closed the Public Hearing. A motion was made by Council Member Aguilar,seconded by Council Member Kaplan,to determine that the application that was submitted by Cathedral City Care Collective Medical Marijuana Dispensary was incomplete and affirm the Planning Commission decision. The motion carried by the following vote: Aye: 3- Mayor Henry, Council Member Kaplan,and Council Member Aguilar Absent- Council Member Pettis, and Council Member Carnevale Enactment No: M.O.6348 5.C. 2014-235 Appeal of Planning Commission Determination of Incompleteness on Conditional Use Permit Application for Green Connect/PSO Medical Marijuana Dispensary located at 36-777 Sunair Plaza in Cathedral City Recommendation: The City Attorney's office recommends that the City Council hear an appeal of the decision of the Planning Commission determining that the Dispensary Conditional Use Permit application was incomplete and then affirm the decision of the Planning Commission. Nick Hermsen, Deputy City Attorney, indicated that the Planning Commission determined that the Conditional Use Permit application for Green Connect/PSO Medical Marijuana Dispensary located at 36-777 Sunair Plaza was incomplete based on the City Ordinance. The proposed location is less than 250 feet from East Palm Canyon Drive, which is prohibited by the Cathedral City Municipal Code. Mayor Henry opened the Public Hearing. City Attorney Green stated that Council Member Kaplan has withdrawn and recused himself from this matter as disclosed earlier in the meeting and Council Member Carnevale has returned under the rule of necessity after a random drawing. John Aguilera,Attorney for appellant,presented his reasons for the appeal and feels that their CUP should be heard and they should be able to change their location. Mayor Henry closed the Public Hearing. Mayor Henry re-opened the Public Hearing. John Aguilera suggested that there may have been some changes to the road that should be considered. Mayor Henry closed the Public Hearing. A motion was made by Council Member Aguilar,seconded by Council Member Carnevale,to determine that the application for a Conditional Use Permit submitted by Green ConnectlPSO Cathedral City Page 7 Printed on 1/28/2015 City Council Special Meeting SPECIAL MEETING January 12,2015 Medical Marijuana Dispensary,located at 36-777 Sunair Plaza,was incomplete and affirm the decision of the Planning Commission. The motion carried by the following vote: Aye: 3- Mayor Henry, Council Member Carnevale, and Council Member Aguilar Absent- Council Member Pettis, and Council Member Kaplan Enactment No: M.O.6349 5.D. 2014-236 Appeal of Planning Commission Determination of Incompleteness on Conditional Use Permit Application for Sunshine Coast Wellness Medical Marijuana Dispensary located at 68-031 Ramon Road in Cathedral City Recommendation: The City Attorney's Office recommends that the City Council hear an appeal of the decision of the Planning Commission determining that the Dispensary Conditional Use Permit application was incomplete and then affirm the decision of the Planning Commission. Nick Hermsen, Deputy City Attorney,presented a staff report. He indicated that the Planning Commission denied an application from Sunshine Coast Wellness Medical Marijuana Dispensary located at 68-031 Ramon Road based on the fact that they did not submit a detailed floor plan at the time the application was filed. Mayor Henry opened the Public Hearing. City Attorney Green stated that Council Member Carnevale has left the premises and Council Member Kaplan has returned. J.David Nick,Attorney for the appellant presented his basis for their appeal. He stated that the detailed map was intended to be included and for some reason it was not and that the applicant should be given an opportunity for their CUP to be heard out of fairness and due process. Mr. Gary Amy, Cathedral City, was called to speak. He feels the applicant should be allowed to continue through the process. Murray Altman, La Quinta, was called to speak. He made a clarification that the only application that was filed with his address is the one that was submitted by Sunshine Coast Wellness Medical Marijuana Dispensary. Mayor Henry closed the Public Hearing. A motion was made by Council Member Aguilar,seconded by Mayor Henry,determine that the application that was submitted by Sunshine Coast Wellness Medical Marijuana Dispensary located at 68-031 Ramon Road was incomplete and affirm the decision of the Planning Commission. The motion carried by the following vote: Aye: 3- Mayor Henry, Council Member Kaplan,and Council Member Aguilar AbsenE- Council Member Pettis, and Council Member Carnevale Enactment No: M.O.6350 7. CLOSED SESSION ADJOURN Cathedral City Page 8 Printed on 1/28/2015 City Council Special Meeting SPECIAL MEETING January 12,2015 Mayor Henry adjourned the Special City Council Meeting at 10:53 p.m. STANLEY E. HEIGRY, Mayor- ATTEST. RY F.HOW: L, City the t Cathedral City Page 9 Printed on 1/28/2015