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Agenda packet

Cathedral City City Council
January 19, 2022

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Agenda packet
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January 19, 2022
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Cathedral City City Council
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CITY COUNCIL
AGENDA

Special Meeting
Wednesday, January 19, 2022
2:00 PM

PURSUANT TO AB 361, THIS MEETING MAY BE CONDUCTED BY VIDEOCONFERENCE OR

TELECONFERENCE AND THERE WILL BE NO IN -PERSON PUBLIC ACCESSTO THE MEETING LOCATION. IF YOU WOULD LIKE TO ATTEND THE MEETING VIA ZOOM PLEASE USE THE FOLLOWING LINK TO REGISTER IN ADVANCE:

https://zoom.us/webinar/register/WN_GLQEyU46SHmKi_bpySCn8Q

AFTER REGISTERING, YOU WILL RECEIVE A CONFIRMATION EMAIL CONTAINING INFORMATION ABOUT JOINING THE MEETING.

MAYOR
Ernesto Gutierrez

CITY COUNCIL MEMBERS

Mayor Pro Tem
Rita Lamb

Councilmember
Mark Carnevale

Councilmember
Nancy Ross

Councilmember
Raymond Gregory
• CALL TO ORDER
• ROLL CALL
• AGENDA FINALIZATION
At this time the City Council may announce any item s being pulled from the agenda or continued to another date.

1. AGENDA ITEMS
A. Tour de Palm Springs 2022
Recommendation: To approve Special Use Permit #21-014 and allow the Tour de Palm Springs to utilize city streets within Cathedral City on February 12, 2022.

B. Report from the Cannabis Task Force Meeting of November 29, 2021 Recommendation: This item is presented for information, discussion and Cathedral City P a g e 2
direction only.

C. Special Events: Fall 2021 Recap and Spring 2022 Preview Recommendation: This item is presented for information, discussion and direction only.

ADJOURN
NOTES TO THE PUBLIC:

The City of Cathedral City complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk’s Office at (760) 770-0322 at least 48 hours prior to the meeting.

Any documents provided to a majority of the City C ouncil regarding any item on this agenda will be made available for public inspection in the City Clerk’s office at City Ha ll located at 68 -700 Avenida Lalo Guerrero during normal business hours. In addition, such documents will be posted on the City’s website at www.cathedralcity.gov.

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Staff Report

City Council

Item No. 1.A

Meeting Date: January 19, 2022
From: Chris Parman, Communicaions and Events Manager
Title: Tour de Palm Springs 2022

City Council

RECOMMENDATION:

To approve Special Use Permit #21-014 and allow the Tour de Palm Springs to utilize city streets within Cathedral City on February 12, 2022.

BACKGROUND:

The annual Tour de Palm Springs charity cycling event returns in 2022 and invites bicyclists from across the country to ride in 25, 50, and/or 100-mile courses starting in Palm Springs, traveling throughout the Coachella Valley, and returning to Palm Springs.

DISCUSSION:

Founder Tim Esser, of CVSPIN, Inc. is seeking to utilize City streets and services for this annual bike tour. It is a Tour, not a race.

The tour utilizes City streets in the north side (Vista Chino, Landau Boulevard, and 30th Avenue) beginning at 9 am and utilizes City streets, such as Dinah Shore on the southern end from 11:00 am to 5:00 pm. The Dinah Shore Bridge will require one west bound lane to be closed for bicyclists only between the hours of 11:00 am to 5:00 pm, due to safety.

The Police Department estimates its cost a t 6168.00 for 5 officers and 1 sergeant for 8 hours in overtime pay. Public Works estimates its cost to be $ $3,376.00 for 4 workers at 8 hours at overtime pay , equipment and supplies. Total cost to the City is estimated at approximately $9,544.00. The tour must submit payment.

The Tour has requested the City to waive the permit fee as they are a non -profit raising money. We have waived the application fee in previous years, but not the fees of the police department and public works. None of the larger celebratory activities take place in Cathedral City and the residual benefits of the tour do not exceed the costs associated with its use of our streets and City services. Staff is unaware of any other jurisdiction besides the City of Palm Springs that waives departmental fees.

Protecting the bicyclists from injury is a large task placed upon our City departments.

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The City has already invested and will continue to invest in planning, preparing, and working this event prior to the actual event date. Although the Tour has had a great record of safety, a bicyclist was struck and killed by a pick -up truck in Thermal and a bicyclist was killed and two injured when a car struck them on Dillon Road in Indio Hills, CA. Due to the recent accidents, City staff recommends that Tour de Palm Springs have $3 million in insurance liability coverage and list the City as an additional insured.

FISCAL IMPACT:

The Tour has paid the $600 Special Use Permit application fee. To provide City services for the Tour, it will cost approximatel y $9,544.00. The applicant must submit payment and insurance coverage to the City prior to the event.

ATTACHMENTS:

Tour de Palm Springs SUP 21-014

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Attachment: Tour de Palm Springs SUP 21-014 (3036 : Tour de Palm Springs 2022)

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Staff Report

City Council

Item No. 1.B

Meeting Date: January 19, 2022
From: Charles McClendon, City Manager
Title: Report from the Cannabis Task Force Meeting of November 29, 2021

City Council

RECOMMENDATION:

This item is presented for information, discussion and direction only.

BACKGROUND:

The Cannabis Task Force is established by the Municipal Code as follows:

Chapter 2. 32 CANNABIS TASK FORCE

2. 32. 010 Purpose
The purpose of this chapter is to ensure that cannabis businesses in Cathedr al City are conducted in a safe and orderly manner to protect the welfare of medical cannabis patients, primary caregivers, adult users and the community.

2. 32. 020 Creation of Cathedral City cannabis task force established There is created a cannabis t ask force. The task force shall consist of 7 members. The city manager shall be chair of the cannabis task force and shall appoint 6 other qualified members as required by section 2.32.030.

2. 32. 030 Qualification of members.

Three members shall be owners or managers of cannabis businesses located in the city and three members shall be residents of the city.

The members of the Cannabis Task Force are:

Maria Scagliotti – Industry Representative
Charlie Kieley – Industry Representative
Theoden Parker – Industry Representative
Nancy Crandall – Resident Member
James Lawrence – Resident Member
Vacant – Resident Member
Charles McClendon – City Manager

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The Task Force met via zoom in a duly noticed public meeting on Monday November 29, 2021 at 4:00 pm.

DISCUSSION:

The agenda for the meeting included the following:

1. Minutes of the April 28, 2021 meeting

2. Cannabis Tax Update and Discussion

3. Requirement to Obscure Windows in Retail Businesses

On the Tax Update and Discussion, the City Manager provided an overview of the item presented at the City Council Study Session on September 8, 2021 which included a review of the tax rates charged by Cathedral City and the other Coachella Valley cities for the various types of cannabis businesses. The specific discussion at the November 29 Task Force meeting focused primarily on cultivation taxes stemming from a request from a potential large cultivator to consider some type of tax relief. A fairly lengthy discussion followed with a number of ideas surfacing. The task force did not make a specific recommendation to Council instead they asked that a summary of the discussion be provided. Among the ideas discussed by the Task Force were the following:
• Redefining the taxable cultivation area to include only the canopy space. This would give a small break – probably about 10% - to existing as well as future cultivators.
• Developing a maximum square footage upon which to apply the tax. This would give a break to future large cultivators, but all existing cultivators are paying o n their entire area – there is no cap.
• Reduce the overall rate from $15 down to some other amount. This would benefit all growers equally but would reduce revenue to the City. • It was noted that the smallest growers have less opportunity to spread their operating costs and there was some interest in a break for the small operators, including a reverse tier system.
• The tier structure used in Desert Hot Springs and Coachella was also noted as a possible solution for the large operators. The current average square footage among Cathedral City cultivators is about 6,000 square feet. • Delaying charging the tax until the crop is actually moved in. Currently the tax begins at Certificate of Occupancy (COO) and there is normally some down time before the business starts generating revenue. All current operators were assessed beginning at COO.
• Some type of rebate or true up to reflect the actual sale of the product. The current voter approved language requires a per square foot assessment.

The Municipal Code presently contains the following provision relating to the visibility of the interior of cannabis retail businesses:

5.88.070 Dispensary operational requirements.

B. Product Not Visible to Public. The display of cannabis and cannabis products for sale shall not be visible from outside the licensed premises.

The Planning Commission recommended that these provision s be removed, and the interior of the dispens aries should be visible from the outside rather than requiring windows to be dark tinted or covered from within the interior.

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The Task Force discussed the Planning Commission recommendation and advised that staff should determine if there is any provision in state law related to the topic – staff has confirmed there is not . It was noted that allowing vis ibility may allow for more creativity by the owner in designing their store front and that there may be public safety advantages to allowing more visibility.

The City Manager will provide a presentation on the discussion s of the task force. The minutes are attached.

FISCAL IMPACT:

The Cannabis industry paid over $4.5 million in taxes to Cathedral City in calendar year 2020.

ATTACHMENTS:

Cannabis Task Force Meeting Minutes 4-28-2021

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CANNABIS TASK FORCE

CATHEDRAL CITY CA

Regular Meeting
Wednesday, April 28, 2021
10:00 AM

City Hall Study Session Room
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

• CALL TO ORDER
The meeting was called to order at 10:00 AM by City Manager Charles McClendon. • ROLL CALL
Staff Members:

Charles McClendon, City Manager
Christina Harrison, Office Assistant

Task Force Members:

Maria Scagliotti
Theoden Parker
Donald Dunnam
James Lawrence

City Manager McClendon introduced the members of the Cannabis Task Force.

Each Task Force Member provided an overview of their background and experience. • REVIEW PREVIOUS MINUTES

2. Cannabis Task Force - Regular Meeting - Oct 19, 2020 1:30 PM The minutes of October 19, 2020 were reviewed.
• AGENDA

3. Update on the Status of the Cannabis Industry in Cathedral City Recommendation: This item is presented for information and discussion only.

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Attachment: Cannabis Task Force Meeting Minutes 4-28-2021 (3037 : Report from the Cannabis Task Force Meeting of November 29, 2021) Cathedral City P a g e 2 Printed on 5/11/2021
City Manager McClendon provided an update on the status of the industry which included the following points:

• Cannabis Tax Collections since 2018

• Status of Licenses in the City

• Current Administrative Rules Regarding Licensing and Operations of Cannabis Businesses

4. Discussion of the Setback from East Palm Canyon
Recommendation: This item is presented for information and discussion.

City Manager McClendon provided an overview of the discussion of the previous Task Force related to the Setback for East Palm Canyon. He noted that the previous Cannabis Task Force me t on October 19, 2 020 and discussed the Setback on East Palm Canyon and took no action at that time.

The Cannabis Task Force did not have consensus to take any action at this time, however, they expressed their concern for the small businesses in the City and the affect this could potentially have on them.

5. Discussion of Delivery Only Licenses
Recommendation: This item is presented for information and discussion only.

City Manager McClendon provided an overview of the Municipal Code as it relates to licensed dispensary delivery service. He indicated th at staff received a request for the Cannabis Task Force to discuss and consider a recommendation to City Council to allow delivery service by businesses that do not have a retail presence in Cathedral City.

The Cannabis Task Force did not support this recommendation.

6. Discussion on Outdoor Consumption Lounges
Recommendation: This item is presented for information and discussion.

City Manager McClendon provided a brief overview of the Municipal Code related to consumption lounges at dispensaries and the previous Task Force discussions related to a possible pilot program for outdoor consumption lounges.

Denise Cross spoke in support of this item.

The Cannabis Task Force expressed their support for a p ilot program for outdoor consumption lounges in the I-1 zones.

City Manager McClendon indicated that he w ould report on the discussion and recommendations of the Cannabis Task Force to the City Council on May 26, 2021.

He noted that the Task Force may need to review the current ordinance which will come b efore them at a future date. The next Cannabis Task Force meeting is tentatively scheduled for the Fall.
• PUBLIC COMMENTS

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Attachment: Cannabis Task Force Meeting Minutes 4-28-2021 (3037 : Report from the Cannabis Task Force Meeting of November 29, 2021) Cathedral City P a g e 3 Printed on 5/11/2021
There were no members of the public that wished to speak. • ADJOURNMENT
The meeting was adjourned by City Manager Charles McClendon at 11:30 am.

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Attachment: Cannabis Task Force Meeting Minutes 4-28-2021 (3037 : Report from the Cannabis Task Force Meeting of November 29, 2021)

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Staff Report

City Council

Item No. 1.C

Meeting Date: January 19, 2022
From: Chris Parman, Communicaions and Events Manager
Title: Special Events: Fall 2021 Recap and Spring 2022 Preview

City Council

RECOMMENDATION:

This item is presented for information, discussion and direction only.

BACKGROUND:

The City Council approved the position of Communications / Events Manager in 2014 to create, implement, and manage Special Events by the City of Cathedral City as well as events produced by third parties.

DISCUSSION:

The communications / events manager will provide a recap of the fall special events starting with Fun O’ Rama through the North Pole Village / Mayor’s Tree Lighting Celebration. It will include information about entertainment, attendance , finances, management, strengths and challenges, and economic impact estimates.

After the fall recap is provided, the communications / events manager will preview the special events that are coming to Cathedral City in the spring of 2022.

FISCAL IMPACT:

This is for presentational purposes only.

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