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 12, 2018

 

5:30 P.M. – PRESENTATIONS

6:00 P.M. – REGULAR SESSION

CLOSED SESSION

(Immediately Following the Regular Session)

 

CITY COUNCIL CHAMBERS

Carl May Community Center

11711 West Drive, Desert Hot Springs, California

 

 

 


PRESENTATIONS - 5:30 P.M.

 

1.

Introduction and Swearing-In of New Police Officer

 

Deputy Police Chief, Jim Henson; and

City Clerk, Jerryl Soriano                                                             

 

 

RECESS

 

REGULAR SESSION - 6:00 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

ADMINISTRATIVE CALENDAR

 

2.

City Council Special Meeting Minutes: October 24, 2018

City Council Regular Meeting Minutes: November 20, 2018

 

City Clerk, Jerryl Soriano, CMC                                                    

Packet Page 9

 

Recommendation:

Approve the Minutes as presented; or as corrected.

 

 

3.

Certification of the November 6, 2018 General Municipal Election Results

 

City Clerk, Jerryl Soriano, CMC                                                    

Packet Page 19

 

Recommendation:

Adopt a Resolution of the City Council reciting the fact of the General Municipal Election held in said City on November 6, 2018, declaring the result thereof and other such matters as provided by law.

 

INSTALLATION OF OFFICERS

Oath of Office Administered by City Clerk, Jerryl Soriano

 

Gary Gardner, Council Member

Jan Pye, Council Member

Scott Matas, Mayor

 

 

RECESS

 

CALL TO ORDER

 

NEW ROLL CALL

 

SELECTION OF MAYOR PRO TEM

 

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:

 

4.

Appeal No. 01-18 of the Planning Commission's Decision to DENY Development Permit No. 09-18: An Application for 5 Mid-Century Modern Designed Homes in the Rolling Hills Estates Residential Tract (Applicant: Elyon Development)

 

Community Development Director, Rebecca Deming              

Packet Page 35

 

Recommendation:

1) Staff Report;

2) Entertain questions of Staff from the 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) City Council action to either:

     Option A: City Council UPHOLD the Planning      Commission’s decision to DENY the Development Permit      application, and thereby DENYING the Appeal (AP No.      01-18) for development of five mid-century modern design      single-family residences at the east end of the Rolling Hills      residential tract; OR

     Option B: City Council OVERTURN the Planning      Commission’s decision to deny the application (DP 09-     18), thereby reversing the decision and APPROVING the      appeal (AP No. 01-18) and the project, subject to the      attached conditions of approval and findings for approval      as made by the City Council.

 

5.

Zoning Map Amendment (ZMA) 01-18, and General Plan Amendment (GPA) 02-18: Applications to Change the Zoning and General Plan Land Use Designations from R-R (Rural Residential) to C-N (Commercial Neighborhood) on a 9.1 Acre Site Located at the Southwest Corner of Palm Drive and Claire Avenue (APN: 657-050-003)

 

Community Development Director, Rebecca Deming              

Packet Page 89

 

Recommendation:

1)    Staff Report;

2)    Entertain Questions of Staff from City Council;

3)    Open the Public Hearing;

4)    Take testimony from Applicant;

5)    Take testimony from those in favor;

6)    Take testimony from those opposed;

7)    Take 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) Consider a recommendation from the Planning        Commission to the City Council to APPROVE the request        for: A) An Exemption to CEQA, pursuant to Section        15061(b)(3), General Rule, of the California   Environmental Quality Act (CEQA); B) Zone Map Amendment No. 01-18; and C) General Plan Amendment          No. 02-18, a change in land use designations from Rural            Residential (R-R) to Commercial Neighborhood (C-N) for         the 9.1-acre parcel located at the southwest corner of Palm Drive and Claire Avenue. (APN 657-050-003)

 

6.

Zoning Map Amendment (ZMA) 02-18 and General Plan Amendment (GPA) 03-18: Applications to Change the Zoning and General Plan Land Use Designations from R-R (Rural Residential) to I-L (Light Industrial) on an 84 Acre Site Located on the East Side of Palm Drive South of Dillon Road and North of the Desert Dunes Golf Course

 

Community Development Director, Rebecca Deming              

Packet Page 149

 

Recommendation:

1)    Staff Report;

2)    Entertain Questions of Staff from the City Council;

3)    Open the Public Hearing;

4)    Take testimony from Applicant;

5)    Take testimony from those in favor;

6)    Take testimony from those opposed;

7)    Take 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) Consider a recommendation from the Planning        Commission to the City Council to APPROVE the request        for: A) An Exemption to CEQA, pursuant to Section        15061(b)(3), General Rule, of the California   Environmental Quality Act (CEQA); B) Zone Map Amendment No. 02-18; and C) General Plan Amendment          No. 03-18, applications to change the land-use             designation from Rural Residential (R-R) to I-L (Light       Industrial) on a 84+ acre site located on the east side of          Palm Drive south of Dillon Road and north of the Desert Dunes Golf Course. (APN’s 657-230-009; 010; 017; 020;        022)

 

7.

An Ordinance Amending Title 17 to Amend Various Sections of the Desert Hot Springs Municipal Code Related to Housing, Including Supportive Transitional and Housing, Emergency Shelters, Accessory Dwelling Units, and Other Amendments to Harmonize With State Law

 

City Attorney, Jennifer A. Mizrahi                                                  

Packet Page 183

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from the City Council;

3)  Open the Public Hearing;

4)  Take testimony from those in support;

 

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 and read by title only, "An Ordinance of the City      Council of the City of Desert Hot Springs, amending Title      17 to amend various sections of the Desert Hot Springs      Municipal Code related to housing, including supportive      and transitional housing, emergency shelters, accessory      dwelling units, and other amendments to harmonize with      State law.

 

 

ADMINISTRATIVE CALENDAR:

 

8.

Audited Financial Statements for the Fiscal Year 2017-2018

 

Finance Director, Linda Kelly

Packet Page 217

 

Recommendation:

Receive and file.

 

9.

Desert X - Sponsorship Request

 

Assistant to the City Manager, Doria Wilms                                

Packet Page 365

 

Recommendation:

Consider a sponsorship request in the amount of up to $50,000 from Desert X for their Biennial Exhibition of Art throughout the Coachella Valley and provide direction to Staff.

 

10.

An Ordinance Amending Chapter 10.52 "Abandoned, Wrecked, Dismantled, or Inoperative Vehicles" of Title 10 "Vehicles and Traffic" of the Desert Hot Springs Municipal Code Relating to Abandoned Vehicle Abatement

 

Public Works Director, Daniel Porras, P.E.                                 

Packet Page 381

 

Recommendation:

Introduce and read by title only, “An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 10.52 "Abandoned, Wrecked, Dismantled, or Inoperative Vehicles" of Title 10 "Vehicles and Traffic" of the Desert Hot Springs Municipal Code Relating to Abandoned Vehicle Abatement.”

 

11.

Approval of Tract Map No. 37145, for Morongo Industrial Park, Acceptance of Dedications for Street and Public Utility Purposes, Acceptance of Subdivision Improvement Agreement and Related Security

 

Daniel Porras, Public Works Director                                           

Packet Page 393

 

Recommendation:

1)  Find that the Tract Map No. 37145 is in substantial      conformance with the previously approved tentative map;

2)  Approve Tract Map 37145 in accordance with the      Conditions of Approval;

3)  Accept the dedications as offered on the map for street      and public utility purposes, and sidewalk easements;

4)  Accept the Subdivision Improvement Agreement,      Performance Bond and Labor and Materials Bond, any        

 

     substantive changes shall be approved by the City      Manager and the City Attorney;

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

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

 

12.

Recognized Obligation Payment Schedule (ROPS 19-20) for the Period July 1, 2019 - June 30, 2020

 

Finance Director, Linda Kelly                                                        

Packet Page 465

 

Recommendation:

Adopt a Resolution of the Successor Agency approving the Recognized Obligation Payment Schedule (ROPS 19-20) and administrative budget for the Successor Agency for the period July 1, 2019 through June 30, 2020.

 

 

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 TO CLOSED SESSION

 

CLOSED SESSION:

 

13.

CONFERENCE WITH LEGAL COUNSEL—POTENTIAL INITIATION OF LITIGATION (Paragraph (4) of subdivision (d) of Section 54956.9) (One Potential Case)

 

14.

CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION

(Paragraph (1) of subdivision (d) of Government Code section 54956.9)

Name of case: City of Desert Hot Springs vs. Pacific Paradise Realty (66365 7th Street) – Pending Litigation – Riverside Superior Court PSC 1802685

 

RECONVENE IN OPEN SESSION

 

CITY ATTORNEY REPORT ON CLOSED SESSION

 

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 12

CCAC

CANCELLED

December 13

Public Safety Commission

CANCELLED

December 18

City Council Regular Meeting

CANCELLED

January 1

City Council Regular Meeting

CANCELLED

January 8

Planning Commission

6:00 p.m.

January 9

CCAC

6:00 p.m.

January 10

Public Safety Commission

6:00 p.m.

January 15

City Council Regular Meeting

6:00 p.m.

 

                             

                             

 

 

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.