Minutes, regular meeting — Cathedral City City Council, August 24, 2022

CITY COUNCIL

MINUTES

Regular Meeting
Wednesday, August 24, 2022
5:30 PM

City Council Chambers
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234

• CALL TO ORDER
The meeting was called to order at 5:30 PM by Mayor Ernesto Gutierrez. • PLEDGE OF ALLEGIANCE
Councilmember Raymond Gregory led the Pledge of Allegiance. • INVOCATION (MOMENT OF REFLECTION)
Mayor Ernesto Gutierrez offered the Invocation.
• ROLL CALL
Attendee Name Title Status Arrived
Ernesto Gutierrez Mayor Present 5:30 PM
Rita Lamb Mayor Pro Tem Absent
Mark Carnevale Councilmember Present 5:30 PM
Nancy Ross Councilmember Present 5:30 PM
Raymond Gregory Councilmember Present 5:30 PM

• AGENDA FINALIZATION
Staff requested that item 4E Administrative Amendment to the CDBG FY 2022 -23 Annual Action Plan be pulled from the Consent Agenda.

It was the consensus of the City Council to defer item 4 E. Administrative Amendment to the CDBG FY 2022 -23 Annual Action Plan to the September 14, 2022, City Council Meeting.

1. SPECIAL PRESENTATIONS - Outgoing Commissioners
Cathedral City P a g e 2 Printed on 9/07/2022
The City Council presented Gary Marshall with a certificate of appreciation for his service on the Parks and Community Events Commission. Certificates for outgoing Commissioners, Elmer Diaz, Kevin Brandt and Tom Ru dolph, who were un able to attend, will be mailed to them.

Councilmember Mark Carnevale presented a certificate of recognition to Officers Joseph Brooks and Jeremy Powers for their work as the Cathedral City Police Department Homeless Liaison Officers.

2. PUBLIC COMMENT
Bob McKechnie, Chair of the Cathedral City Peace Initiative Committee, shared their process of making Cathedral City an International City of Peace.

Rick Saldivar, Catherdral City resident, announced that a youth NFL Flag football league is coming to Cathed ral City in October and asked that the City Council help support the League to ensure that it is successful. He also announced that Congressman Ruiz has a plan to roll out youth programs in 2023. He stated that he will be working with youth to engage with local government, and it is his hope that he can work together with the City to bring more youth programs to Cathedral City.

Joshua Otteson, NFL Flag Football League, provided an overview of the league that he started in Cathedral City. He would like to see another field for youth sports. He announced that he can be reached at [email protected] for information on the league.

Kenneth Churchill, Westcoast Cannabis Club, commented on the state of the cannabis industry in Cathedral City. He feels t hat cannabis businesses in the City are struggling and urged the City Council to help make this a city where people can have a successful business.

3. COUNCIL REPORTS
Councilmember Nancy Ross reported she along with her husband attended an open house for the Paloma Resort. She announced that she had hand surgery and is doing well. She reported that she along with Mayor Gutierrez and Mayor Pro Tem Lamb attended an event to honor fallen officer Suresh Krause on the 1 0-year anniversary of his death. She repor ted that she attended the Dinner with Patsi fundraiser, which was well attended. She announced the upcoming Meatball Festival hosted by the Cathedral City Boys and Girls Club. She reported that she met with different constituents at the Runway, Starbucks, Don and Sweet Sues, and Sunshine Cafe. She reported that she is on the fundraiser committee for the League of California Cities Riverside Division , who will hosting a corn hole tournament, and thanked Burrtec and Burke, Williams & Sorensen for their sponso rship of the event.

She urged the public to look at the ballot measures for the upcoming election. She also announced that sadly, today is the 6 -month anniversary of the invasion of Russia into Ukraine.

Councilmember Raymond Gregory reported that he has h ad the opportunity to meet with residents and staff since the last meeting. He reported that he attended the open house at the Paloma Resort and encouraged everyone to check it out. He also Cathedral City P a g e 3 Printed on 9/07/2022
reported that he attended the Lossan Rail Authority Board meeting , as an alternate, the Mobility 21 Summit, and the Riverside County Transportation Commission Implementation and Budget Committee meeting. He reported that he attended the Desert Business Association mixer at the AMP Sports Lounge. He announced that there is an upcoming Special Meeting scheduled for September 1, 2022 , to discuss some budget amendments. He urged everyone to remember all those who labor during the Labor Day Holiday weekend. He welcomed newly hired Ryan Hunt, Communications and Events Manager.

Mayor Ernersto Gutierrez reported that he met with the Bob McKechnie, Chair of the Cathedral City Peace Initiative Committee, to discuss the peace initiative. He reported that he attended an event to honor fallen officer Suresh Krause on the 10 - year annivers ary of his death, which was well attended. He also reported that he attended the League of California Cities Mayor ’s meeting , where they discussed water shortages in California and provided a brief overview of ways to conserve water. He reported that he me t with representatives for the Veterans Village development to discuss the project. He spent many hours speaking with residents related to various issues. He also met with the City Manager and Police Chief Crum to discuss various issues including businesse s and c ode enforcement. He congratulated Councilmember Mark Carnevale and Councilmember Raymond Gregory for seeking reelection with no opposition in the upcoming election. He announced the upcoming soft opening of Luchador Brewing Company on August 27, 2022. He stated that he had an opportunity to visit many of the businesses in District 4 to discuss issues they may be having, which included major issues with the homeless. He feels the City should do more to help businesses that are having issues with the homeless.

4. CONSENT AGENDA
A motion was made by Councilmember Carnevale and seconded by Councilmember Ross to approve the following Consent Agenda items:

1. City Council - Special Meeting - Aug 3, 2022 5:00 PM

2. City Council - Study Session - Aug 10, 2022 3:00 PM

3. City Council - Regular Meeting - Aug 10, 2022 5:30 PM Cathedral City P a g e 4 Printed on 9/07/2022
C. Receive and File Payment of Claims and Demands for July 2022 Recommendation: The City Council acting in its capacity for the City, the Successor Agency to the former Redevelopment Agency,
the Housing Successor Agency and the Cathedral City
Public Finance Authority Board receive and file payment of claims and demands in the aggregate sum of $29,374,829
for the month of July 2022.

M.O. 2022-144
D. Purchase of two vehicles for personnel assigned to East Pact Recommendation: To authorize staff to purchase two vehicles from Palm Springs Motors, which will be utilized by CCPD staff
assigned to East PACT. A 2017 Ford Explorer Base and
2018 Honda Accord LX for a total price of $61,108.95.

M.O. 2022-145
F. Triennial Contract for Miscellaneous Concrete Installation and Repair Services
Recommendation: Award triennial on-call and/or as needed service contracts to: Desert Ants Engineering, Inc. for Miscellaneous Concrete Installation and Repair Services; and Authorize the City Manager to execute the Agreement.

M.O. 2022-146

5. ITEMS PULLED FROM CONSENT
E. Administrative Amendment to the CDBG FY 2022-23 Annual Action Plan Recommendation: To approve an Administrative Amendment to City’s FY 2022- 23 Community Development Block Grant (CDBG) Annual
Action Plan (AAP) to allocate remaining and unused CDBG/ CDBG-CV funds to supplement Via De Anza Phase II and
Cathedral City Senior Center for submittal to the U.S.

Department of Housing and Urban Development (HUD).

This item was deferred to the September 14, 2022, City Council Meeting.

6. PUBLIC HEARINGS
A. Zone Ordinance Amendment No. 22-002, Change of Zone No. 21-001 Recommendation: To introduce and provide first reading, by title only, ordinances approving Zone Ordinance Amendment No. 22-
002 and Change of Zone No. 21-001; amendments
associated with the adoption of the General Plan and
Housing Element Updates and other minor text amendments to Title 9 (Planning and Zoning).

City Attorney Eric Vail announced that this item will be heard and discussed as two separate items.

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Councilmember Raymond Gr egory recused himself from the discussion of the proposed Change of Zone No. 21-001 Ordinance.

Robert Rodriguez, Director of Planning/Building, provided the staff report on the proposed Change of Zone No. 21 -001 Ordinance. The following points were presented:

• City’s Zoning Map
• General Plan Update Adopted by City Council on July 28, 2021 • 2040 Plan for the City
• North Landau Blvd, Zoning: I-1 & OS, Boundary Change
• North DaVall Dr, Existing Zoning: RM, I-1, Proposed Zoning: RM, I-1 & BP • Canyon Plaza, Perez Rd, Existing Zoning: OS & PCC, Proposed Zoning:

OS, PCC & BP
• North City Specific Plan Extended, Existing Zoning: MU-N, P roposed Zoning: I-1
• Downtown, Existing Zoning: MXC, Proposed Zoning: OS (Recognize Existing Parks)
• Bankside Dr, Zoning: PCC & CBP-2, Boundary Change
• Vista Chino & Landau Blvd, Existing Zoning: R2, Proposed Zoning: R3 • Date Palm Dr, Existing Zoning: PCC, Proposed Zoning: RM • Housing Element Adopted by City Council on May 25, 2002 • Housing Needs of the City
• Acres: 29. 41, Zoning: R2 to R3, Units/Acre: 10 to 20, Potential of 588 Units
• Acres: 7.06, Zoning: R2 to R3, Units/Acre: 10 to 20, Potential of 141 Units • Acres: 47, Zoning: I-1, Map the P/IH Overlay, Uses same as I-1 • Supportive & Transitional Housing, Low Barrier Navigation Center

Mayor Ernesto Gutierrez opened the Public Hearing to receive public comment , seeing none , he closed th e Public Hearing and returned discussion to the City Council.

M.O. 2022-147

A motion was made by Councilmember Carnevale and seco nded by Councilmember Ross to introduce and provide first reading, by title only, Change of Zone Ordinance of the City Counc il of t he City of Cathedral City, California , Amending the Official Zoning Map.

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RESULT: APPROVED [3 TO 0]
MOVER: Mark Carnevale, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross
ABSENT: Rita Lamb
RECUSED: Raymond Gregory
Councilmember Raymond Gregory rejoined the meeting for the discussion of the proposed Zone Ordinance Amendment No 22-002.

Robert Rodriguez, Director of Planning/Building, provided the staff report on the proposed Zone Ordinance Amendment No. 22-002. The following points were presented:

• Title 9 (Planning and Zoning) of the Municipal Code
• New & Revised Definitions
• Permitted Uses (Residential Zones)
• Accessory Dwelling Unit (ADU) & Junior Dwelling Unit (JADU) • 2022 Council Goal
• Start with Title 9 (Planning and Zoning)
• Eliminated Chapters not Used
• Revised Definitions (for clarity)
• Consistency
• Development Standards (for clarity)
• Housing Element and General Plan
• Parking Standards
• Lighting- Shielding
• Legal & Other Updates
• STVR (Short-Term Vacation Rentals)
• Planning Commission

Mayor Gutierrez opened the Public Hearing to receive public comments.

Lisa Kennedy expressed her support and urged approval by the City Council.

Roberta Bye expressed her support and urged approval by the City Council.

Mayor Ernesto Gutierrez closed the Public Hearing and returned discussion to the City Council.

Councilmember Gregory requested that the charts in section 9.106.070 be amended to reflect the 2020 census data. He also requested that staff review section 9.94.070 Processing, to ensure City Council has final approval over the items listed in that section.

M.O. 2022-148

Cathedral City P a g e 7 Printed on 9/07/2022
A motion was made by Councilmember Gregory and seconded by Councilmember Ross to provide the first reading, by title only, an ordinance approving Zone Ordinance Amendment No. 22-002, an Ordinance of the City Council of the City of Cathedral City Amending Title 9 of the Cathedral City Municipal Code Pursuant to the adoption of the General plan and Housing Element Updates.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb

7. LEGISLATIVE ACTIONS
A. Appointment to Planning Commission
Recommendation: Make an appointment to the Planning Commission with a term continuing to June 30, 2023.

M.O. 2022-149

A motion was made by Councilmember Carnevale and seconded by Councilmember Gregory to appoint Richard Malacoff to fill an unexp ired seat on the Planning Commission with a term continuing to June 30, 2023.

RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Raymond Gregory, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
B. Century Park Renovation Project
Recommendation: Authorize the City Manager to execute the documents required for the refurbishing of the existing Century Park playground equipment and replacement of the playground
soft surface topcoat by Miracle Recreation Company, in the amount of $116,834.35; and, purchase and install a USA
Shade & Fabric Structures, Inc. shade structure to cover the playground in the amount of $110,824.03; and Authorize the Director of Engineering/Public Works and Administrative Services Director to execute all required quotes and
proposals for the labor and materials to complete the Project including tables, benches, and grills in the amount of
$25,034.79 and the replacement of the shade structures
roofing systems in the amount of $21,382.00, respectively, Cathedral City P a g e 8 Printed on 9/07/2022
for a Project total of $301,482.69, which includes a 10% contingency for unforeseen construction related expenses all to be funded from FY 2021-22 and 22-23 Parks
Improvement and Maintenance Plan, Environmental
Conservation Fund 246 and current FY Park Maintenance
Budget 100-8301.

M.O. 2022-150

A motion was made by Councilmember Carnevale and sec onded by Councilmember Ross to authorize the City Manager to execute the documents required for the refurbishing of the existing Century Park playgro und equipment and replacement of the playground soft surface topcoat by Miracle Recreation Company, in the amount of $116,834.35; and, purchase and install a USA Shade & Fabric Structures, Inc. shade structure to cover the playground in the amount of $110, 824.03; and authorize the Director of Engineering/Public Works and Administrative Services Director to execute all required quotes and proposals for the labor and materials to complete the Project including tables, benches, and grills in the amount of $25, 034.79 and the replacement of the shade structures roofing systems in the amount of $21,382.00, respectively, for a Project total of $301,482.69, which includes a 10% contingency for unforeseen construction related expenses all to be funded from FY 2021 -22 and 2 2-23 Parks Improvement and Maintenance Plan, Environmental Conservation Fund 246 and current FY Park Maintenance Budget 100-8301.

RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
C. IT Assessment and Master Plan
Recommendation: Approve a Professional Services Agreement with Client First Technology Consulting to develop and provide a
Comprehensive Information Technology (IT) Assessment
and IT Master Plan in the amount of $78,880 plus a 10%
contingency of $7,888 for a total budget amendment not to exceed $86,768.

M.O. 2022-151

A motion was made by Councilmember Ross and seconde d by Councilmember Carnevale to a pprove a Professional Services Agreement with Client First Technology Consulting to develop and provide a Comprehensive Information Technology (IT) Assessment and IT Master Plan in the amount of $78,880 plus a 10% contingency of $7,888 for a total budget amendment not to exceed $86,768.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Nancy Ross, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
The City Council recessed at 7:40 p.m.

The City Council reconvened at 7:45 p.m.

D. First Reading Cannabis Ordinance Amendment Chapter 5.88 Recommendation: To introduce, waive reading beyond the title, and provide first reading to an ordinance amending Chapter 5.88 of the municipal code regarding the regulation of cannabis
businesses.

M.O. 2022-152

A motion was made b y Councilmember Gregory and seconded by Councilmember Carnevale to introduce, waive reading beyond the title, and provide first reading to a n ordinance amending Chapter 5.88 of th e municipal code regarding the regulation of cannabis businesses.

RESULT: APPROVED [UNANIMOUS]
MOVER: Raymond Gregory, Councilmember
SECONDER: Mark Carnevale, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
E. Resolution Establishing Fines for Violations of Cannabis Business Regulations
Recommendation: To approve a resolution establishing fines for violations of cannabis business regulations.

Reso 2022-45

A motion was made by Councilmember Carnev ale an d seconded by Councilmember Ross to approve a resolution establishing fines for violations of cannabis business regulations.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Mark Carnevale, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Ernesto Gutierrez, Mark Carnevale, Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
F. Resolution Regarding Propositions 26 and 27
Recommendation: To consider resolutions related to Propositions 26 and 27.

Reid Milanovich, Chairman of the Ag ua Caliente Band of Cahuilla Indi ans, provided an overview of Proposition 26 and 27 as well as the Tribe's position on both.

John Plata, General Counsel Agua Caliente Band of Cahuilla Indians, provided an overview of the gaming negotiated contracts with t he State of California. He also i ndicated that there will be no direct compensation to the City through Proposition 26.

Sunshine Herrera, Cathedral City Resident, expressed her appreciation for what gaming has brought to her and her family. She feels tha t gaming affects the City and urged the Council to join the Tribe's efforts.

A motio n was made by Councilmember Carnevale and seconded by Mayor Gutierrez to approve resolutions related to Propositions 26 and 27.

A substitute motion was made by Councilmember Gregory and seconded by Councilmember Ross to take no position on Proposition 26 and Proposition 27.

RESULT: FAILED [2 TO 2]
MOVER: Raymond Gregory, Councilmember
SECONDER: Nancy Ross, Councilmember
AYES: Nancy Ross, Raymond Gregory
NAYS: Ernesto Gutierrez, Mark Carnevale
ABSENT: Rita Lamb

The City Council proceeded to vote on the original motion.

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RESULT: FAILED [2 TO 2]
MOVER: Mark Carnevale, Councilmember
SECONDER: Ernesto Gutierrez, Mayor
AYES: Ernesto Gutierrez, Mark Carnevale
NAYS: Nancy Ross, Raymond Gregory
ABSENT: Rita Lamb
It was the consensus of the City Council to table this item until the next meeting when they have a full quorum.

G. 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 Manager Charles McClendon indicated that there is nothing t o report as the number of confirmed case s continue to decrease and does not recommend any action at this time. He indicated that he only has preliminary data on Monkey pox outbreak and he will be monitoring the situation.

8. DISCUSSION ON FUTURE AGENDA ITEMS
Councilmember Mark Carnevale requested that an item be agendized to discuss the retail cannabis tax situation.

It was the consensus of the City Council to direct sta ff to hold a C annabis Task Force meeting to discuss and access new information related to retail cannabis tax and bring back to the City Council for review.

9. CLOSED SESSION

ADJOURN
Mayor Ernesto Gut ierrez adjourned the A ugust 24, 2022 , Regular City Coun cil meeting at 8:25 p.m.

Mayor, City of Cathedral City City Clerk, City of Cathedral City

Cathedral City City CouncilAugust 24, 2022

Cathedral City City Council
August 24, 2022