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
ACTION MINUTES
October 1, 2019
4:30 P.M. – CLOSED SESSION
5:30 P.M. – PRESENTATIONS
6:00 P.M. – REGULAR SESSION
CITY COUNCIL CHAMBERS
Carl May Community Center
11711 West Drive, Desert Hot Springs, California
|
Mayor Matas called the Closed Session to order at 4:30 P.M. |
|
Present: Council Members: Betts, Gary Gardner, Robert Griffith Mayor Pro Tem: Jan Pye Mayor: Scott Matas |
|
None. |
|
1. |
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve issues pertaining a certain developer who has threatened litigation against the City, although no formal claim has been filed. |
|
2. |
CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code Section 54957.6) Agency designated representatives: Jennifer Mizrahi, City Attorney Unrepresented employee: City Manager |
|
3. |
Coachella Valley Rescue Mission - Cooling Center Presentation |
|
|
Coachella Valley Rescue Mission |
|
Mark McGowan, Coachella Valley Rescue Mission, presented an overview of the cooling center that was located at the Word of Life Fellowship Center; and responded to questions. |
|
4. |
|
|
|
Food Now Executive Director, Dana Johnson |
|
Dana Johnson, Executive Director, Family Services of the Desert, presented an overview of the services they provide. |
|
5. |
|
|
|
Desert Trial Academy |
|
There was no presentation given. |
|
Mayor Matas called the Regular Session to order at 6:04 P.M. |
|
Present: Council Members: Betts, Gary Gardner, Robert Griffith Mayor Pro Tem: Jan Pye Mayor: Scott Matas |
|
Pastor James Baylark gave the Invocation. |
|
Mayor Matas led the Pledge of Allegiance. |
|
Jennifer Mizrahi, City Attorney, advised that the City Council approved a 1st Amendment to the Employment Agreement with City Manager, Charles Maynard, by a vote of 5-0. |
|
Action: Gardner moved to approve the October 1, 2019 Regular Meeting agenda; continue Item 6 to October 15, 2019; and approve the Consent Calendar in its entirety, motion seconded by Pye, motion carried 5/0 by the following vote: |
|
Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
|
Eddy Johonson commended the LEAD Team for the "Meet Your City" event; and introduced Maria, a resident who won several of the raffle prizes. |
|
Donna Wardean commended the LEAD Team for the "Meet Your City" event; and expressed concerns regarding "Robolights." |
|
Mike Picardi commended the LEAD Team for the "Meet Your City" event. |
|
Dana Johnson, Family Services of the Desert, announced the Food Now "Chili Cook-Off" event. |
|
Pamela Berry spoke regarding former Police Officer, Andrea Heath. |
|
Bruce Hutchinson announced that his non-profit organization provides a monthly donation to Food Now/Family Services of the Desert; and stated that he would match any funding that the City provides to Food Now/Family Services of the Desert. |
|
Reverend Crystal Baylard announced that the Women’s Ministry would be holding an event regarding cervical and breast cancer. |
|
Jim Henson, Acting Police Chief, advised that crossing guards were in place at Julius Corsini Elementary, Bella Vista Elementary, Two Bunch Palms Elementary, and Cabot Yerxa Elementary; and that traffic concerns surrounding the schools would soon be addressed. |
|
Danny Porras, Public Works Director, gave updates regarding the safety improvement projects along Palm Drive; and installation of new street signs. |
|
Charles Maynard, City Manager, advised that directional signs were being replaced to address complaints that the background color made the text difficult to read. |
|
Council Member Betts reported on the various meetings and events he attended. |
|
Council Member Gardner reported on the various meetings and events he attended. |
|
Mayor Pro Tem Pye reported on the various meetings and events she attended. |
|
Council Member Griffith reported on the various meetings and events he attended. |
|
Mayor Matas reported on the various meetings and events he attended. |
|
Roberta Crncic, Executive Program Manager, announced that the annual "Parade of Lights and Holiday Festival" would be held on December 14, 2019, and that parade applications were available on the City's website. |
|
6. |
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 (Applicant: Walton Development & Management, Southwest USA) |
|
|
|
Community Development Director, Rebecca Deming |
|
|
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 from those in favor; 6) Take public testimony from those opposed; 7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal; 9) Close the Public Hearing; 10) City Council discussion and questions to Staff; and 11) Recommendation from the Planning Commission to Certify the Addendum to the Final Environmental Impact Report and Mitigation Monitoring Program and approval of: 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 B) Tentative Tract Map Nos. 36774, 37300, 37301, 37302, & 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, & 638-330-001, 002, 003, & 632-270-006. |
|
The Public Hearing was continued to October 15, 2019 under "Approval of the Agenda." |
|
7. |
An Ordinance Amending the Desert Hot Springs Municipal Code Regarding Sidewalk Vendors and Peddlers |
|
|
|
City Attorney, Jennifer Mizrahi |
|
|
Recommendation: |
1) Staff Report; 2) Entertain questions of Staff from the City Council; 3) Open the Public Hearing; 4) Take public testimony from those in favor; 5) Take public testimony from those opposed; 6) Take public testimony from those in a neutral position; 7) Close the Public Hearing; 8) City Council discussion and questions to Staff; and 9) Introduce and read by title only, "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 5.28.010 "Purpose" and Section 5.28.085 "Sidewalk Vendor General Regulations" of Chapter 5.28 "Sidewalk Vendors and Peddlers" of Title 5 "Business Licenses and Regulations" of the Desert Hot Springs Municipal Code. |
|
Christina Archuleta, Compliance Manager, presented the staff report. |
|
Mayor Matas opened the Public Hearing. |
|
There was no public testimony. |
|
Mayor Matas closed the Public Hearing. |
|
Action: Betts moved to approve staff recommendation, motion seconded by Griffith, motion carried 5/0 by the following vote: |
|
Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
|
8. |
An Ordinance Amending Chapters 3.20,4.36, 5.04, 5.08, 5.12, 5.28, 5.36, 5.44, 5.50, 15.60, 17.08, 17.12, 17.40, 17.45, 17.76, 17.92, 17.144, 17.152, 17.156, 17.164, and 17.168 of the Municipal Code Providing More Consistent Rules and Procedures for the Denial, Suspension, Modification, and Revocation of Licenses and Permits and Appeals Thereof |
|
|
|
City Attorney, Jennifer Mizrahi |
|
|
Recommendation: |
1) Staff Report; 2) Entertain questions of Staff 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) City Council discussion and questions to Staff; and 9) Introduce for First Reading and read by title only, "An Ordinance Amending Chapters 3.20,4.36, 5.04, 5.08, 5.12, 5.28, 5.36, 5.44, 5.50, 15.60, 17.08, 17.12, 17.40, 17.45, 17.76, 17.92, 17.144, 17.152, 17.156, 17.164, and 17.168 of the Municipal Code Providing More Consistent Rules and Procedures for the Denial, Suspension, Modification, and Revocation of Licenses and Permits and Appeals Thereof." |
|
Jennifer Mizrahi, City Attorney, presented the staff report. |
|
Mayor Matas opened the Public Hearing. |
|
There was no public testimony. |
|
Mayor Matas closed the Public Hearing. |
|
Action: Pye moved to approve staff recommendation, motion seconded by Gardner, motion carried 5/0 by the following vote: |
|
Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
|
9. |
Appointment to the Planning Commission to Fill Vacancy for Unexpired Term |
|
|
|
City Clerk, Jerryl Soriano, CMC |
|
|
Recommendation: |
Ratify Council Member Betts' appointment to the Planning Commission to fill one (1) vacancy consisting of an unexpired term ending January 2020. |
|
Jerryl Soriano, City Clerk, presented the staff report. |
|
Action: Betts moved to ratify Council Member Betts' appointment of Dawn Griffiths to the Planning Commission, motion seconded by Griffith, motion carried 5/0 by the following vote: |
|
Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
|
10. |
||
|
|
Acting Finance Director, Geoffrey Buchheim |
|
|
Recommendation: |
Approve budget adjustments for Fiscal Year 2019-2020. |
|
Geoffrey Buchheim, Acting Finance Director, presented the staff report. |
|
A discussion ensued. |
|
Action: Betts moved to approve staff recommendation, recognizing that $515,421 would go towards the Health and Wellness Fund and dedicated towards the youth in the community to continue John Furbee’s legacy, motion seconded by Matas, motion carried 5/0 by the following vote: |
|
Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
|
11. |
Discussion Item: Placing the Adoption of the City Council Sub-Committee on Policy, Rules and Regulation Recommendations Regarding Changes to the "City Council and Commission Guidelines and Procedures" ("Guidelines") as Well as Repealing Two Ordinances Pertaining to the City Council as Recommended by the Sub-Committee |
|
|
|
Mayor Pro Tem, Jan Pye; and Council Member, Gary Gardner |
|
|
Recommendation: |
Consider whether to place the following on a future agenda for action: 1) Adoption of Updated Council and Commission Guidelines, as developed by the Policy, Rules, and Regulations Sub-Committee (Councilmembers Pye and Gardner); and Adoption of Sub-Committee recommendations to Repeal of DHSMC Section 2.20.125 “Disclosure of Campaign Contributions;” and DHSMC Section 2.04.040(B) “Vacancy – Appointment of Temporary Council Member.” |
|
Council Member Gardner presented the report. |
|
Action: Gardner moved to approve placement on a future agenda, motion seconded by Griffith, motion carried 5/0 by the following vote: |
|
Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
|
12. |
||
|
|
City Clerk, Jerryl Soriano, CMC |
|
|
Recommendation: |
Approve Minutes as submitted; or as corrected. |
|
13. |
Supplemental CEQA (California Environmental Quality Act) Guidelines |
|
|
|
City Attorney, Jennifer Mizrahi |
|
|
Recommendation: |
Adopt the attached Policy, as a condition of settlement in the matter of Robert E. Garcia and Gary Garcia v. City of Desert Hot Springs (Riverside County Superior Court Case No. RIC1903260). |
|
None. |
|
Mayor Matas adjourned the meeting at 7:26 P.M. |
__________________________________
Jerryl Soriano, CMC, City Clerk