CITY COUNCIL
MINUTES
Regular Meeting
Wednesday, February 9, 2022
5:30 PM
Pursuant to AB 361 and Cathedral City Resolution 2022-06, this meeting was conducted by videoconference.
• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE
Councilmember Nancy Ross led the Pledge of Allegiance.
• INVOCATION (MOMENT OF REFLECTION)
Mayor Pro Tem Rita Lamb offered the Invocation.
• ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Remote
Rita Lamb Mayor Pro Tem Remote
Mark Carnevale Councilmember Remote
Nancy Ross Councilmember Remote
Raymond Gregory Councilmember Remote
• AGENDA FINALIZATION
1. PUBLIC COMMENT
Doug Evans expressed his support for the proposed Urgency Ordinance establishing an indefinite stay on the issuance of STVR permits in R1 and R2 Zones, and for Tentative Tract Map 38137 , if the Ordinance is passed. He feels it is a good project.
2. COUNCIL REPORTS
Councilmember Raymond Gregory announced that he has been away traveling and is happy to be back home. He reported that he attended the Riverside County Transportation Commission meeting and highlighted the current and future projects.
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He announced the upcoming Taste of Jalisco festival. He reported that yoga classes are now happening at the Cath edral City Community Amphitheater, which has been well attended. He announced the upcoming Special Meeting Workshop to discuss the redistricting process and the Special Meeting to finalize the Goal Setting Session and multi-year plan moving forward. He als o reported that the Panorama Dog Park is under construction.
Councilmember Mark Carnevale reported that he met with Rich Eaton from the Vault and Geoff Corbin from the Senior Center to discuss support for the Senior Center.
He spoke with Jim Shute from the Landau development project. He reported that he attended the CVAG Homeless committee meeting and the League of California Cities Riverside Division meeting. He also attended the CVAG Animal Campus meeting and reported that p et adoptions are available. He met with Mayor G uiterrez and Assistant City Manager Fuentes regarding City businesses. He also met with a local veterinarian to discuss her business plans. He met with some parents and students from the Cathedral City High Sc hool band to hear their wants and needs and he will be working on a plan to help. He along with Stone James, Economic Development Director, met with the owner of the old Sunniva building to discuss his plans, which was very productive. He announced that St one James, Economi c Development Director, will be speaking at the Evening Rotary to discuss the C ollege of the Desert Road Runner Project , more information can be obtained at by contacting Mr. James at [email protected]. He thanked Antonio Baciu for proposing yoga classes in the Cathedral City Community Amphitheater.
Councilmember Nancy Ross reported that she , along with Mayor Pro Tem and Assistant City Manager Fuentes , attended a meeting with WeeCare to discuss childcare programs and hopes to part ner with them. She reported that she finished delivering the last of the 10 k N-95 masks donated by the Coachella Valley Chamber of Commerce. She expressed the importance of having relationships with other Councilmembers from the Coachella Valley and report ed that she recently had a great phone convers ation with Palm Desert Counci lmember Kathleen Kelly. She announced that February is Black History Month and there are many events going on. More information is available at www.palmspringsblackhistory.org. She reported that she shared SunLine's taxi vouche r program on her "Notes from Nancy" column.
She also reported that there is a group working to keep the College of the Desert Road Runner Program in Cathedral City , more information can be found at www.promisesmadepromisesbroken.org. She announced that the Emergency Make and Take Event, hosted by Mayor Pro Tem Rita Lamb , was a very successful event.
She announced the upcoming redistricting workshop meeting and the arrival of two more dinosaurs to the Jurassic Wonders exhibit.
Mayor Pro Tem Rita Lamb report ed that she had an opportunit y to meet with Rich Eaton and tour the Vault Dispensary, which was beautiful. She reported that she participated in the Coachella Valley Mosquito and Vector Control strategic plann ing meeting. She also participated in the yoga classes at the Cathedral City Community Amphitheater, which is a wonderful event. She reported on the Emergency Make and Take Event hosted at the Cathedral City Library and thanked all of those involved. She a nnounced that the Cathedr al City Fire Department will be offering free C .E.R.T. Training in March and more information can be found at www.discovercathedralcity.gov. She feels the Jurassic Wonders Exhibit is wonderful.
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She reported that the Firebirds Hocke y arena is moving along. There have been discussions to possibly have a you th program in conjunction with the Boys and Girls Club once it is complete. She referred to an article stating that Cathedral City High School is the first school to benefit from El ectric Vehicle chargers t hrough a State approved program. She referred to a n article from the Desert Sun that showcased Cathedral City High School Senior football player, Frankie Valentino. She announced that the Cathedral City High School Band and Choir a re hoping to hold a Southern California Vocal Association Choral Festival i n the Cathedral City Community Amphitheater on May 4, 2022. She announced that she will be attending the CVAG Conservation Committee on February 10, 2022. She also announced that the Noon Rotary inducted tw o new members and they have begun their strategic planning. She read a quote from Gerald Ford in honor of Black History Month.
Mayor Ernesto Gutierrez reported that he attended the Greater Palm Springs Visitors and Convention Bur eau meeting where Dr. Mar tha Garcia, President of College of the Desert, was the guest speaker. He reported that when he q uestioned Dr. Garcia regarding the Road Runner Motors project, she responded that she was unable to discuss the matter and that he sho uld be hearing from her o ffice. He expressed the importance of having the Road Runner Motor Program in Cathedral City and urged residents to get involved with the promises made promises broken group to learn more about the Road Runner Motor Program issue. He reported that he attended the yoga classes in the Cathedral City Community Amphith eater which was well attended . He was very impressed. He , along with Councilmember Mark Carnevale, met with the Cathedral City High School Band. He reported that he heard from many residents regar ding abandoned vehicles and fireworks. He also reported that he, along with City Manager McClendon, will be meeting with Assemblyman Garcia to discuss the Dream Homes Park grant. He announced the upcoming Special City Council meeti ng. He also announced tha t he will be doing an early morning interview on Friday with KESQ to promote the Taste of Jalisco Event and encouraged everyone to join the festival.
3. CONSENT AGENDA
A motion was made by Councilmember Gregory and seconded by M ayor Pro Tem Lamb to approve the following Consent Agenda items:
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
A. Waive Full Reading of Ordinances on Agenda
M.O. 2022-21
B. Minutes Approval
M.O. 2022-22
1. City Council - Special Meeting - Jan 19, 2022 2:00 PM
2. City Council - Study Session - Jan 26, 2022 3:00 PM
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3. City Council - Regular Meeting - Jan 26, 2022 5:30 PM C. Resolution to Approve the Master Agreement Administering Agency- State Agreement for State-Funded Project No. 08-5430S21 and Delegate Authorizations to Execute Program Supplemental Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements to the Master Agreement
Recommendation: Approve a resolution authorizing the City Manager to execute the Master Agreement Administering Agency-State Agreement for State-Funded Project No. 08-5430S21; and, authorize the City Manager or Director of Engineering/Public Works to accept, execute, and endorse all Program
Supplemental Agreements, Fund Exchange Agreements
and/or Fund Transfer Agreements and any amendments
thereto to the Master Agreement No. 08-5430S21 between
the City of Cathedral City and the State of California, acting through the Department of Transportation for the purpose of Administering and Disbursing of State Grant Funds on
Projects.
Reso 2022-07
M.O. 2022-23
D. Adopt a resolution certifying completion of public improvements in portions of Tract No. 28639-1 and Tract No. 32559, and authorize release of securities pursuant to the Improvement Agreement with HPH Homebuilders 2000, L.P., developer and with Amendment No. 1 to that Agreement.
Recommendation: Adopt a Resolution: (a) certifying the public improvements constructed within portions of Tract No. 28639-1 and Tract No. 32559 by HPH Homebuilders 2000, L.P., pursuant to its Improvement Agreement with the City, and with Amendment No. 1 to that Agreement, were completed in accordance with City standards and specifications; (b) authorize the release of improvement agreement securities and deposits as
described in the Resolution; (c) authorize the Director of Engineering/Public Works to file a Notice of Completion for the project; and, (d) accept certain improvements into the City maintained street system.
Reso 2022-08
M.O. 2022-24
E. Award a two-year Agreement for Services to CASC Engineering and Consulting, Inc. for National Pollution Discharge Elimination System (NPDES) Program Consulting
Recommendation: Award a two-year Agreement for Services to CASC Engineering and Consulting, Inc. for National Pollutant Discharge Elimination System (NPDES) Program Consulting Services; authorize the City Manager to execute the
Agreement documents; and authorize the Director of
Engineering/Public Works to issue Task Orders as needed Cathedral City P a g e 5 Printed on 2/17/2022
to complete the NPDES Program requirements within
existing FY 2021-22 and 2022-23 budget limits.
M.O. 2022-25
F. Authorizations Related to the Remaining Items for the Completion of the Panorama Dog Park
Recommendation: Authorize the Director of Engineering/Public Works to execute all the required quotes and proposals for labor and material to complete the Panorama Dog Park Project,
including purchasing amenities and services with the
remaining balance of the Project budget in the amount of $334,640, which includes the contingency for unforeseen construction related expenses; and, $23,000 for qualifying Dog Park amenities from the Environmental Conservation
Fund (246).
M.O. 2022-26
G. Contract for Services - Samuel Eric Davis
Recommendation: To approve a contract for services with Samuel Eric Davis for special event fundraising.
M.O. 2022-27
H. Ratification of Agreement Between the City of Cathedral City and the Cathedral City Police Officer's Association (CCPOA)
Recommendation: Ratify the agreement between the City of Cathedral City ("City") and Cathedral City Police Officer's Association ("CCPOA") via the Memorandum of Understanding ("MOU")
for the period of January 1, 2022, through December 31, 2024.
M.O. 2022-28
4. ITEMS PULLED FROM CONSENT
5. LEGISLATIVE ACTIONS
A. An Uncodified Urgency Ordinance of the City of Cathedral City, Establishing an Indefinite Stay on the Issuance of Permits for Short- Term Vacation Rentals Issued Under Chapter 5.96 of the Cathedral City Municipal Code for Residential Units Located within the R1 and R2 Zoning Districts
Recommendation: Find that the Ordinance is Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15378 and 15378(b)(5); and
Introduce, read by title only, waive further reading, and adopt Urgency Ordinance of the City of Cathedral City,
establishing an indefinite stay on the issuance of permits for Short-Term Vacation Rentals issued under Chapter 5.96 of the Cathedral City Municipal Code for residential units Cathedral City P a g e 6 Printed on 2/17/2022
located within the R1 and R2 Zoning Districts.
Deputy City Attorney Leila Moshef-Danesh provided an overview of the proposed Urgency Ordinance Establishing a Moratorium on the issuance of S hort-term Vacation Rental permits under the Cathedral City Municipal Code Chapter 5.96.
Danny Lee expressed his support for the propos ed Urgency Ordinance and thanked the City Council for listening to the residents.
Diane McAlpine expressed her concern for residents located in HOA s zoned in RR zones and f eels they need the same protection from S ort-Term V acation Rentals.
Tony Michaelis, President of Monta ge Mission Hills HOA, is hope ful that this urgency ordinance will allow for the wishes of the majority of their residents to prevail.
Ord 855
A motion was made by Councilmember Gregory and seconded by Councilmember Carnevale to find that the Urgency Ordinance is Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. § 15378 and 15378(b)(5); and Introduce, read by titl e only, waive further reading, and adopt an Urgency Ordinance of the City of Cathedral City, establishing an indefinite stay on the issuance of permits for Short-Term Vacation Rentals issued under Chapter 5.96 of the Cathedral City Municipal Code for resid ential units located within the R1 and R2 Zoning Districts.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
B. Approve Professional Service Agreement with Woodard and Curran Consulting to Provide Clean Water State Revolving Fund Program Grant Related Services Required to Submit a Planning Grant for the Septic to Sewer Project
Recommendation: Authorize the City Manager to execute a Professional Service Agreement with Woodard and Curran Consulting in the amount not-to-exceed $35,380 to provide Clean Water State Revolving Fund Program grant related services
required to submit a planning grant for the City’s Septic to Sewer Project.
M.O. 2022-29
A motion was made by Councilmember Ross and seconded by Mayor Pro Tem Lamb to authorize the City Manager to execute a Professional Service s Agreement with Woodard and Curran Consulting in the amount not -to-exceed $35,380 to provide Clean Water State Revolving Fun d Program grant related Cathedral City P a g e 7 Printed on 2/17/2022
services required to submit a planning grant for the City’s Septic to Sewer Project.
RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
C. Consulting Agreement with HR Green for On Call Capital Projects Program Management Consulting Services and Electronic Plan Check Services
Recommendation: Approve a Professional Services Agreement with HR Green, Inc. to provide On Call Engineering Program Management
Consulting Services for Capital Projects and Electronic Plan Check Services for the amount of $150,000 and $50,000,
respectively for a not to exceed total of $200,000; and, authorize the City Manager to execute the Agreement.
M.O. 2022-30
A motion was made by Councilmember Gregory and seconded by Mayor Pro Tem Lamb to approve a Professional Services Agreement with HR Green, Inc. to provide On Call Engineering Program Management Consulting Services for Capital Projects and Electronic Plan Chec k Services for the amount of $150,000 and $50,000, respectively for a not to exceed total of $200,000; and , authorize the City Manager to execute the Agreement.
RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Rita Lamb, Mayor Pro Tem
AYES: Gutierrez, Lamb, Carnevale, Ross, Gregory
D. Update on Emergency Actions Related to COVID-19
Recommendation: Update on Status of Emergency Proclamation. Possible action to continue or rescind Resolution 2020-06.
Update on Emergency Actions taken by City, County, State of Federal Agencies.
Possible consideration of additional measures to be taken.
Council may add items not listed on the agenda pursuant to Government Code section 54954.2 by majority vote.
City Manage r Charles McClendon provi ded an update on Emergency Actions related to COVID-19. He stated that overall the organization is in bett er condition than the previous month, with less employees out sick. He stated that the numbers of confirmed cases in Cathedra l City, during the Omicron surge, did not mirror what we have been seeing worldwide. He stated that the number of confirmed cases for January 2022 were increased, however, they did not exceed the numbers back in January 2021, which could be due to a backlo g in County Cathedral City P a g e 8 Printed on 2/17/2022
data. He anno unced the State mask mandate will expire on February 15, 2022.
The City is currently following State guidelines.
Terry Applegate expressed her concern with the pandemic and large numbers of cases around the world. She will contin ue to mask and hopes othe rs consider continuing wearing their masks as well.
6. PUBLIC HEARINGS
A. Tentative Tract Map 38137
Recommendation: 1. Conduct a Public Hearing to consider an appeal of the Planning Commission's approval of Tentative Tract Map No. 38137 to subdivide an approximately 3.74-acre residential parcel into 14 residential lots and a common lot for retention purposes in the R1 (Single Family Residential) Zoning
District; and
2. AFFIRM the Planning Commission's actions to i) Find that the Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section No. 15332, Class No. 32 (In-Fill Development); and ii) Approve Tentative Tract Map No. 38137 subject to the attached Conditions of
Approval and based on the findings contained in the staff report.
Mayor Ernesto Gutierrez recused himself from this item.
City Attorney Eric Vail announced that this Pu blic Hearing is a continuation from the Regular City Council meeting of January 26, 2022. He stated that the Public Hearing is open for those who have not had a chance to speak on this item.
Mayor Pro Tem Rita Lamb opened the Public Hearing to receive inp ut from the general public related to Tentative Track Map 38137. Seeing none, she closed the Public Hearing and returned discussion to the City Council.
M.O. 2022-31
A motion was made by Councilmember Carnevale and seconded by Councilmember Gregory to affirm the Planning Commission's acti ons to i) Find that the Project is exempt from the California Environmental Quality A ct (CEQA) pursuant to Sec tion No. 15332, Class No. 32 (In -Fill Development); and ii) Approve Tentative Tract Map No. 38137 subject to th e attached Conditions of Approval and based on the findings contained in the staff report.
RESULT: APPROVED [4 TO 0]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Rita Lamb, Mark Carnevale, Nancy Ross, Raymond Gregory RECUSED: Ernesto Gutierrez
Mayor Ernesto Gutierrez rejoined the meeting at 7:24 pm.
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The City Council recessed at 7:25 pm.
The City Council reconvened at 7:35 pm.
B. Conditional Use Permit No. 19-019
Recommendation: 1. Conduct a Public Hearing to consider an appeal of the Planning’s Commission’s denial of Conditional Use
Permit No. 19-019 which proposes establishing an event
center within a vacant commercial building on Date Palm Drive in the PCC (Planned Community Commercial) Zoning
District; and
2. AFFIRM, REVERSE, OR MODIFY, IN WHOLE OR IN
PART, the Planning Commission’s decision.
City Attorney Eric Vail recommended that the City Council al low the applicant 15 minutes to speak and 3 minutes for each public comment.
Mayor Ernesto Gutierrez stated t hat if additional time is necessary the City Council can consider allowing additional time for the applicant to speak.
Brenda Ramirez, Associate Planner, provided an overview of the appeal of Conditional Use Permit No. 19-019.
Deputy City Attorney Leila Moshef-Danesh provided an overview of the basis for the Planning Commission's denial and the standard of review for this appeal. She stated that the City Council will either affirm, reverse, or modify, in whole or in part, the Planning Commission's decision.
Mayor Ernesto Gutierrez opened the Public Hearing to receive input from the general public related to the appeal of the Planning Commission' s denial of Conditional Use Permit No. 19-019, which proposes establishing an event center within a vacant comm ercial building on Date Palm Drive in the PCC(Planned Community Commercial) Zoning District.
Mark Durkton, Representati ve for the Applicant, pro vided a presentation on the basis of the applicant's appeal of the Planning Commission's denial of Conditional Use Permit No. 19-019.
Christina Baine, Attorney for a nearby HOA, stated that their community opposes the proposed Co nditional Use Permit No. 19-019 and urged the City Council to affirm the Planning Commission's denial.
Diane McAlpine expressed her co ncerns with the broad parameters of the proposed event center and feels the public will not know what is going on at tha t location. She also has concerns with the proposed hours of operation and parking plan.
Mark Durkton, Representative for the Applicant, addressed the concerns of noise stating that he has decibel readings from the Hall of Flowers event , which were within the allowable limits. He also stated that they do not expect to hit capacity Cathedral City P a g e 10 Printed on 2/17/2022
for most events. He expressed his concerns with the condit ions of approval for Conditional Use Permit No. 19-019.
Mayor Ernesto Guiterrez closed the Public Hearing and returned discussion to the City Council, after no other members wished to comment.
Mayor Ernesto Gutierrez questioned what the significant condi tions of approval are that the applicant is opposing.
Staff provided an overview on the conditions of approval in question.
Councilmember Mark Carnevale expressed his support for an event center and feels the conditions of approval list is lengthy and is not sure he can make a decision without a better understanding of those conditions.
Mayor Pro Tem Rita Lamb concurs with Councilmember Carnevale's comments.
She expressed her support for an event center in Cathedral City, however , she is not sure this is the best location. She also exp ressed her concern with the list of conditions of approval and whether this project is best for the residents.
Councilmember Raymond Gregory stated that any large project will have many conditions of approval. He feels the conditions are not unreasonable. He believes there is support for an event center in the City. He feels the Plannin g Commission did their job and is what is expected to have a quality project.
Councilmember Nancy Ross stated that she attended every P lanning Commission meeting prior to being on the City Council and feels that they have always done a good job. She feels it is not unreasonable t hat the Planning Commission would put our Code into action for this project. She believes a large facility will come with many conditions, they go hand in hand. She supports the Planning Commission’s decision.
Councilmember Mark Carnevale agrees that the re is a standard in Cathedral City, however, he feels that rather than lose this project he would like to work with the applicant.
Mayor Ernesto Gutierrez feels that an event center is a great addition to Cathedral City, however, he feels it needs to be done the right way. He stated that projects can come with a lengthy list of conditions and in his experience many of the conditions may be simple . He feels the City and the City Council want to work with the applicant and believes the conditions are reason able. He suggested working with the applicant to modify the list of conditions of approval.
A motion was made by Councilmember Ross and seconded by Councilmember Gregory to affirm the Planning Commission's denial of Conditional Us e Permit No. 19-019, without prejudice.
M.O. 2022-32
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RESULT: APPROVED [3 TO 2]
MOVER: Nancy Ross, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Rita Lamb, Nancy Ross, Raymond Gregory
NAYS: Ernesto Gutierrez, Mark Carnevale
7. DISCUSSION ON FUTURE AGENDA ITEMS
Councilmember Carnevale would like to bring an agenda item forward to evaluate cannabis tax rates.
City Manager feels there needs to be a comprehensive review and he has assigned a working group to work on this matter. He will provid e an update to the City C ouncil within three months.
8. CLOSED SESSION
ADJOURN
Mayor Ernesto Gutierrez adjourned the Regular City Council meeting at 9:11 p.m.
Mayor, City of Cathedral City City Clerk, City of Cathedral City