CITY OF DESERT HOT SPRINGS

 

REGULAR MEETING OF THE CITY COUNCIL

And the City Council Serving as the Successor Agency to the

Redevelopment Agency Board

 

AGENDA

 

December 3, 2019

 

5:00 P.M. – CLOSED SESSION

5:15 P.M. – PRESENTATIONS

6:00 P.M. – REGULAR SESSION

 

CITY COUNCIL CHAMBERS

Carl May Community Center

11711 West Drive, Desert Hot Springs, California

 

 

 


CLOSED SESSION - 5:00 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

PUBLIC COMMENTS

 

At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.

 

CLOSED SESSION:

 

1.

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION

(Gov. Code section 54956.9(d)(1).)   

Name of Case: Garcia, et al. v. City of Desert Hot Springs, et al., Case Number PSC1807458

 

PRESENTATIONS - 5:15 P.M.

 

2.

Fire Truck Presentation

 

3.

2020 Census Presentation

 

 

4.

Introduction and Swearing-In of Two New Police Officers

 

Chief of Police, Jim Henson; and City Clerk, Jerryl Soriano 

 

 

RECESS

 

REGULAR SESSION - 6:00 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

SELECTION OF MAYOR PRO TEM

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

CITY ATTORNEY REPORT ON CLOSED SESSION

 

APPROVAL OF THE AGENDA

 

At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.

 

Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.

 

PUBLIC COMMENTS

 

At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.

 

Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.

 

Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

 

 

CITY MANAGER REPORT

 

MAYOR AND COUNCIL MEMBER REPORTS

 

PUBLIC HEARINGS:

 

5.

Applications for Implementation of the Tuscan Hills Specific Plan, a Master Planned Residential Subdivision and a Proposed 334 Room Resort Hotel and Spa Located on a Vacant 554 Acre Property Located Along the North Side of Pierson Boulevard East of Foxdale Drive

 

Community Development Director, Rebecca Deming              

Packet Page 11

 

Recommendation:

1)  Staff Report;

2)  Entertain Questions of Staff from City Council;

3)  Open the Public Hearing;

4)  Take Testimony from Applicant;

5)  Take Public Testimony;

6)  Opportunity for Applicant Rebuttal

7)  Close the Public Hearing;

8)  City Council discussion and questions to Staff; and

9)  Recommendation to continue the Public Hearing off      calendar to a date uncertain for the following:

A)    Certification of the Addendum to the Final Environmental Impact Report and Mitigation Monitoring Program for the Tuscan Hills Specific Plan; and

B)    A Resolution and Ordinance approving the Specific Plan 02-16, General Plan Amendment 03-16, and Zoning Ordinance Amendment 03-16 to establish development regulations and guidelines for the subject site; and

C) Tentative Tract Map Nos. 36774, 37300, 37301, 37302, and 37303 - to subdivide the properties into 585 lots plus streets, open space and detention basins for a vacant 554.8 acre site located on the north side or Pierson Boulevard east of Foxdale Drive on the former Desert Hot Springs Resort Cornerstone Specific Plan project site. (APN's 638-340-003, 005, 006, 007, and 638-330-001, 002, 003, and 632-270-006)

 

6.

Annexation No. 37 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN 665-110-006. Located East of Little Morongo Road, and North of Dillon Road.

 

Finance Director, Geoffrey Buchheim                                          

Packet Page 13

 

Recommendation:

1)    Staff Report;

2)    Entertain questions of staff from the City Council;

3)    Open the Public Hearing;

4)    Take public testimony;

5)    Close the Public Hearing;

 

6)    City Council discussion and questions of Staff;

7)    Adopt a Resolution calling an election to submit to the        qualified electors the question of levying a special tax        within the area proposed to be annexed to Community        Facilities District No. 2010-1 (Services) (Annexation No.        37)

8)    Hold the election;

9)    Canvass the election; and

10) Adopt a Resolution declaring election results for        annexation to Community Facilities District No. 2010-1        (Services) (Annexation No. 37).

 

7.

Creating Special Tax Area 43 (Mirali Zarrabi) for APN 665-110-006 Located North of Dillon Road and East of Little Morongo Road Within the Desert Springs Special Public Safety Tax Area

 

Finance Director, Geoffrey Buchheim                                          

Packet Page 47

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from the City Council;

3)  Open the Public Hearing;

4)  Take public testimony;

5)  Close the Public Hearing;

6)  City Council discussion and questions of Staff;

7)  Hold the election;

8)  Canvass the election; and

9)  Adopt an Ordinance Establishing a Special Public Safety      Tax Area Zone 43 (Mirali Zarrabi).

 

8.

Ortega Drive Vacation

 

Public Works Director, Daniel Porras                                           

Packet Page 69

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from City Council;

3)  Open the Public Hearing;

4)  Take testimony from those in favor;

5)  Take testimony from those opposed;

6)  Take testimony from those in a neutral position;

7)  Close the Public Hearing;

8)  Adopt a Resolution of the City Council of the City of   Desert Hot Springs, California, approving the vacation of            Ortega Drive for public roadway purposes, generally        located between Eliseo Road and Agua Cayendo Road,             and reserving of easement for public utilities; and

9)  Direct the City Clerk to record the Resolution.

 

9.

AB 1600 Annual Report - Development Impact Fees and Resolution Making Findings and Reaffirming the Necessity of Certain Development Impact Fees

 

Finance Director, Geoffrey Buchheim                                          

Packet Page 91

 

Recommendation:

1)  Staff Report

2)  Entertain questions from Staff and from the City Council;

 

 

3)  Open the Public Hearing;

4)  Take testimony from those in favor;

5)  Take testimony from those opposed;

6)  Take testimony from those in a neutral position;

7)  Close the Public Hearing;

8)  Review and accept the AB 1600 Annual Report on      Development Impact Fees for the period ending June 30,      2019 (Exhibit 1); and

9)  Adopt a Resolution of the City Council making findings      and reaffirming the necessity of certain Development      Impact Fees.

 

ADMINISTRATIVE CALENDAR:

 

10.

Audited Financial Statements and Housing Compliance Report for Fiscal Year 2018-2019

 

Finance Director, Geoffrey Buchheim                                          

Packet Page 111

 

Recommendation:

Receive and file.

 

11.

Approval of Parcel Map No. 37606, for Moreland California Properties LLC, and Acceptance of Dedication of Easements for Street and Public Utility Purposes

 

Public Works Director, Daniel Porras                                           

Packet Page 277

 

Recommendation:

1)  Find that the Parcel Map No. 37606 is in substantial      conformance with the previously approved tentative map;

2)  Approve Parcel Map 37606 in accordance with the      Conditions of Approval;

3)  Accept the dedication of easement offered on the map for      street and public utility purposes;

4)  Authorize the City Clerk and City Engineer to sign the      map evidencing the City Council's approval; and

5)  Authorize staff to process and file the map with the     County Recorder's Office.

 

12.

Grocery Outlet - Traffic Signal Fair Share Agreement

 

Public Works Director, Daniel Porras                                           

Packet Page 287

 

Recommendation:

Authorize the City Manager to execute the Agreement for Payment of Fair Share of Development Impact Fees by and between the City of Desert Hot Springs and Best Development Group LLC. for the fair share cost of the installation of a new Traffic Signal at the intersection of Palm Drive and Park Lane.

 

13.

Purchase of Twenty (20) New Kennel Doors and Side Panels for the Animal Care and Control Facility

 

Chief of Police, Jim Henson                                                          

Packet Page 333

 

Recommendation:

Authorize the purchase of twenty (20) new kennel doors and side panels to be installed at the Animal Care and Control

 

 

Facility from Shor-Line in the amount of $60,377.19 (includes the removal of existing doors and installation).

 

14.

Community Development Block Grant (CDBG) Program for Fiscal Year 2020-2021

 

Public Works Director, Daniel Porras                                           

Packet Page 355

 

Recommendation:

1)  Approve the rehabilitation of Hot Springs Park into      Reflection Park; and

2)  Adopt a Resolution of the City Council authorizing      participation in and authorizing the City Manager to      approve all agreements and necessary documents      associated with the Community Development Block Grant      (CDBG) for Fiscal Year 2020-2021.

 

15.

(Successor Agency) Recognized Obligation Payment Schedule (ROPS 20-21) for the Period of July 1, 2020 Through June 30, 2020

 

Finance Director, Geoffrey Buchheim                                          

Packet Page 469

 

Recommendation:

Adopt a Resolution of the Successor Agency approving the Recognized Obligation Payment Schedule (ROPS 20-21) and Administrative Budget for the Successor Agency for the period of July 1, 2020 through June 30, 2021.

 

CONSENT CALENDAR:

 

Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.

 

16.

City Council Regular Meeting Minutes: November 19, 2019

 

City Clerk, Jerryl Soriano, CMC                                                    

Packet Page 545

 

Recommendation:

Approve the Minutes as presented; or as corrected.

 

17.

Resolution Reporting Compliance with the Annual Inspection of Certain Occupancies Pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code

 

Cal Fire Division Chief, Tyrell Davis                                            

Packet Page 557

 

Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs reporting compliance with the annual inspection of certain occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code

 

18.

Contracts Management Report as of November 15, 2019

 

Finance Director, Geoffrey Buchheim                                          

Packet Page 563

 

Recommendation:

Receive and file.

 

 

 

 

19.

Second Reading and Adoption of an Ordinance Amending the City's Zoning Map (ZMA 01-19)

 

City Clerk, Jerryl Soriano, CMC                                                    

Packet Page 569

 

Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) Finding That the Project Described Herein Is Exempt from CEQA Under Section 15061(B)(3) of the California Code of Regulations, Title 14, Sections 15000 Et Seq. (The “Guidelines”), 2) and Amending the City’s Zoning Map 01-19 to Reflect a Change in Zoning Map from R/Vs-L (Residential Visitor Serving Low Density) and R-L (Low Density Residential) to V-S-V (Visitor Serving Village) for the 108 Acre Site Located at the Bubbling Wells Ranch Site on Both Sides of Yerxa Road North of San Gorgonio Street (APN’s: 656-140-002, 005, 007, 011, 016, 014, 018 & 656-255-003, 005, 007 and 656-150-011)."

 

20.

Second Reading and Adoption of an Ordinance Amending Table 17.02.02 of the Desert Hot Springs Municipal Code Titled "Residential Development Standards"

 

City Clerk, Jerryl Soriano, CMC                                                    

Packet Page 579

 

Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs amending Table 17.08.02 of the Desert Hot Springs Municipal Code Titled "Residential Development Standards" related to setbacks for substandard lots within the R-M (Residential Medium Density), R-MH (Residential Mobile Home), R-H (Residential High Density) and R-VS (Residential Visitor Serving) Zones, and clarifying the notes thereof."

 

21.

Second Reading and Adoption of an Ordinance Amending Desert Hot Springs Municipal Code Chapter 12.04 Regarding Camping Restrictions

 

City Clerk, Jerryl Soriano, CMC                                                    

Packet Page 587

 

Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs amending Chapter 12.04 of the Desert Hot Springs Municipal Code regarding camping restrictions."

 

22.

Second Reading and Adoption of an Ordinance Amending Title 6 of the Desert Hot Springs Municipal Code to Prohibit Roosters Within City Limits

 

City Clerk, Jerryl Soriano, CMC                                                    

Packet Page 599

 

Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, amending Sections 6.04.020, and deleting Chapter 6.05 “Crowing Roosters” of County Code Title 6 “Animals Generally,” which is incorporated by reference into the Desert Hot Springs Municipal Code pertaining the banning of roosters within the City.

 

23.

Second Reading and Adoption of: 1) An Ordinance Regarding Disclosure of Campaign Contributions; and 2) An Ordinance Pertaining to City Council Vacancies

 

City Clerk, Jerryl Soriano, CMC                                                    

Packet Page 607

 

Recommendation:

Approve Second Reading, read by title only and adopt:

1)  “An Ordinance of the City Council of the City of Desert      Hot Springs, California amending Section 2.20.125      “Disclosure of Campaign Contributions” of the Desert Hot      Springs Municipal Code to provide that all persons      accepting and/or providing campaign contributions must      comply with all applicable state law and Fair Political      Practices Commission’s regulations;" AND

2)  “An Ordinance of the City Council of the City of Desert      Hot Springs, California amending Section 2.04.040 of the      Desert Hot Springs Municipal Code pertaining to      vacancies and the appointment of a temporary city      councilmember."

 

FUTURE AGENDA ITEMS

 

PUBLIC COMMENTS

 

Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

 

ADJOURN

 

 

 

 

UPCOMING DATES

 

*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.

                             

December 10

Planning Commission

6:00 p.m.

December 11

CCAC

6:00 p.m.

December 12

Public Safety Commission

6:00 p.m.

December 17

City Council Regular Meeting

DARK

January 7

City Council Regular Meeting

DARK

 

 

 

 

 

 

 

 

     

 

 

NOTICES

 

Americans with Disabilities Act

In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.

 

SB 343

In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 65950 Pierson Boulevard, Desert Hot Springs, CA 92240.

 

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11711 West Drive, Desert Hot Springs, CA 92240.