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

 

June 18, 2019

 

4:00 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

 

 

 

 


CLOSED SESSION - 4:00 P.M.

 

CALL TO ORDER

 

Mayor Matas called the Closed Session to order at 4:00 P.M.

 

 

ROLL CALL

 

                                  Present:

Council Members:   Russell Betts, Gary Gardner, Anayeli Zavala

Mayor Pro Tem:       Jan Pye

Mayor:                       Scott Matas

 

 

PUBLIC COMMENTS

 

There were no public comments.

Jennifer Mizrahi, City Attorney, announced the Closed Session items.

 

 

 

 

 

CLOSED SESSION:

 

1.

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION

(Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Sungrow Consulting v. City of Desert Hot Springs, et al., Riverside County Superior Court Case No. PSC1800747

 

2.

REAL PROPERTY NEGOTIATIONS

(Pursuant to Government Code Section 54956.8)

Property:                      Assessor’s Parcel Numbers 639-114-001 through -011

Agency Negotiator:    Charles Maynard, City Manager

Negotiating Parties:   City of Desert Hot Springs and DCB United, LLC

Under Negotiation:     Price and terms of payment

 

3.

CONFERENCE WITH LABOR NEGOTIATORS:

Pursuant to Government Code §54957.6

Agency Designated Representatives:         City Manager, Charles Maynard

                                                                         Deputy City Manager, Luke Rainey

                                                                         City Attorney, Jennifer Mizrahi

Employee Organization:                                Police Officers Association (DHSPOA)

 

4.

CONFERENCE WITH LABOR NEGOTIATORS:

Pursuant to Government Code §54957.6

Agency Designated Representatives:         City Manager, Charles Maynard

                                                                         Deputy City Manager, Luke Rainey

                                                                         City Attorney, Jennifer Mizrahi

Employee Organization:                                Desert Hot Springs Employee's Union

 

 

PRESENTATIONS - 5:30 P.M.

 

5.

Introduction and Swearing-In of New Police Officer

 

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

 

Jim Henson, Acting Police Chief, introduced Officer Laurence Keegan.

Jerryl Soriano, City Clerk, administered the Oath.

 

RECESS

 

 

REGULAR SESSION - 6:00 P.M.

 

CALL TO ORDER

 

Mayor Matas called the Regular Session to order at 6:00 P.M.

 

ROLL CALL

                                  Present:

Council Members:   Russell Betts, Gary Gardner, Anayeli Zavala

Mayor Pro Tem:       Jan Pye

Mayor:                       Scott Matas

 

 

INVOCATION

 

The Invocation was given by a representative of the Ministerial Fellowship. (Name was not provided)

 

 

PLEDGE OF ALLEGIANCE

 

Mayor Pro Tem Pye led the Pledge of Allegiance.

 

 

CITY ATTORNEY REPORT ON CLOSED SESSION

 

Jennifer Mizrahi, City Attorney, advised that a Purchase and Sale Agreement under Item No. 2 was approved by a vote of 5-0; that a Memorandum of Understanding was approved with the Desert Hot Springs Police Officers Association under Item No. 3 by a vote of 5-0; and that a Memorandum of Understanding was approved with the Desert Hot Springs Employees Union under Item No. 4 by a vote of 5-0.

 

 

APPROVAL OF THE AGENDA

 

Action: Betts moved to approve the June 18, 2019 Regular Meeting agenda; and approve the Consent Calendar in its entirety (with Council Member Betts and Mayor Matas recused from Items 19 and 20), motion seconded by Gardner, motion carried 5/0 by the following vote:

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)

 

 

PUBLIC COMMENTS

 

Ted Mayrhofen reported on the June 13, 2019 Public Safety Commission meeting.

 

Brad Anderson spoke regarding the Coachella Valley Mosquito and Vector Control District.

 

Bobbi Ray expressed concerns regarding issues at her residence.

 

Brenda Fitch stated that she was the landlord of previous speaker and responded to the concerns expressed.

 

Eddie Johnson commended the City regarding the new traffic signal at Camino Aventura and Palm Drive.

 

 

CITY MANAGER REPORT

 

Jim Henson, Acting Police Chief, reported on reduction in crime.

 

 

Danny Porras, Public Works Director, reported on the new entryway landscaping at Palm Drive and the I-10 Freeway; and the safety improvement projects along Palm Drive.

 

 

MAYOR AND COUNCIL MEMBER REPORTS

 

Council Member Betts reported on the various meetings and events he attended.

 

Mayor Pro Tem Pye reported on the various meetings and events she attended.

 

Council Member Gardner reported on the various meetings and events he attended.

 

Mayor Matas reported on the various meetings and events he attended.

 

 

PUBLIC HEARINGS:

 

6.

Landscape and Lighting Maintenance District No. 1 Levy and Collection of Assessments to Fund Improvements for Fiscal Year 2019-20

 

Acting Finance Director, Geoffrey Buchheim

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from the City Council;

3)  Open the Public Hearing;

4)  Take testimony;

5)  Close the Public Hearing;

6)  City Council discussion and questions of Staff; and

7)  Adopt a Resolution of the City Council of the City of   Desert Hot Springs, State of California, Approving the    Levy and Collection of Assessments to Fund            Improvements within Landscape and Lighting      Maintenance District No. 1 for Fiscal Year 2019-20.

 

Council Member Betts recused due to a potential conflict of interest.

 

Geoffrey Buchheim, Acting Finance Director, presented the staff report.

Mayor Matas opened the Public Hearing.

There was no testimony.

Mayor Matas closed the Public Hearing.

 

Action: Zavala moved to approve staff recommendation and adopt Resolution No. 2019-028, motion seconded by Gardner, motion carried 4/0 by the following vote:

 

Vote:                              AYES: 4 - Zavala, Matas, Pye, Gardner            

Passed                         NOES: 0 - (None)  

                              RECUSED:  1 - Betts    

 

 

 

7.

Landscape and Lighting Maintenance District No. 2 Levy and Collection of Assessments to Fund Improvements for Fiscal Year 2019-20

 

Acting Finance Director, Geoffrey Buchheim

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from the City Council;

3)  Open the Public Hearing;

4)  Take Testimony;

5)  Close the Public Hearing;

6)  City Council discussion and questions of Staff; and

7)  Adopt a Resolution of the City Council of the City of   Desert Hot Springs, State of California, Approving the    Levy and Collection of Assessments to Fund            Improvements within Landscape and Lighting      Maintenance District No. 2 for Fiscal Year 2019-20.

 

At this time, straws were drawn for Item 7 under the Rule of Necessity because a majority of the City Council present had a potential conflict of interest.

 

Council Member Betts and Council Member Gardner recused due to a potential conflict of interest.

 

Mayor Matas opened the Public Hearing.

There was no testimony.

Mayor Matas closed the Public Hearing.

 

Action: Zavala moved to approve staff recommendation and adopt Resolution No. 2019-029, motion seconded by Pye, motion carried 3/0 by the following vote:

 

Vote:                              AYES: 3 - Zavala, Matas, Pye    

Passed                         NOES: 0 - (None)  

                              RECUSED:  2 - Betts, Gardner

 

 

8.

Drainage Assessment District No. 1 Levy and Collection of Assessments to Fund Improvements for Fiscal Year 2019-20

 

Acting Finance Director, Geoffrey Buchheim

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from the City Council;

3)  Open the Public Hearing;

4)  Take testimony;

5)  Close the Public Hearing;

6)  City Council discussion and questions of Staff; and

7)  Adopt a Resolution of the City of Desert Hot Springs,      County of Riverside, California, Approving and Ordering      the Levy and Collection of Assessments within Drainage      Assessment District No. 1 for Fiscal Year 2019-20.

 

Mayor Matas and Council Member Betts recused due to a potential conflict of interest.


Mayor Pro Tem Pye assumed the Chair.

 

Geoffrey Buchheim, Acting Finance Director, presented the staff report.

 

Mayor Pro Tem Pye opened the Public Hearing.

There was no testimony.

Mayor Pro Tem Pye closed the Public Hearing.

 

Action: Gardner moved to approve staff recommendation and adopt Resolution No. 2019-030, motion seconded by Zavala, motion carried 3/0 by the following vote:

 

Vote:                              AYES: 3 - Zavala, Pye, Gardner

Passed                         NOES: 0 - (None)  

                              RECUSED:  2 - Betts, Matas

 

 

ADMINISTRATIVE CALENDAR:

 

9.

Desert Valley Disposal Agreement for Trash Abatement Program

 

Acting Finance Director, Geoffrey Buchheim

 

Recommendation:

Authorize the City Manager to negotiate and execute and agreement with Desert Valley Disposal for abatement of illegal dumping and roadside litter for an amount not to exceed $185,000.

 

Geoffrey Buchheim, Acting Finance Director, presented the staff report.

 

A discussion ensued.

 

Action: Betts moved to approve staff recommendation, motion seconded by Gardner, motion carried 5/0 by the following vote:

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)              

 

 

10.

Consideration of New Market Tax Credit Financing Documents Necessary to Wind Down the Financing

 

Acting Finance Director, Geoffrey Buchheim

 

Recommendation:

1)  Adopt a Resolution of the City Council of the City of   Desert Hot Springs, County of Riverside, State of            California, approving certain matters relating to the exit of     a New Markets Tax Credit Financing for the Health and Wellness Center and approving forms of documents and    certain actions related thereto;

2)  Approve the Membership Interest Purchase Agreement;      and

 

 

 

3)  Delegate authority to the City Manager to negotiate and      execute all documents, including certifications, and proofs      necessary to exit the New Markets Tax Credit Financing,      upon approval as to form by the City Attorney and Special      Counsel.

 

Geoffrey Buchheim, Acting Finance Director, presented the staff report.

 

Action: Pye moved to approve staff recommendation and adopt Resolution No. 2019-031, motion seconded by Betts, motion carried 5/0 by the following vote:

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)              

 

 

11.

Appointment to the Desert Hot Springs Health and Wellness Foundation Board

 

City Clerk, Jerryl Soriano, CMC

 

Recommendation:

Appoint a Director to the Health and Wellness Foundation Board of Directors.

 

Jerryl Soriano, City Clerk, presented the staff report.

 

Action: Matas moved to appoint Council Member Gardner to the Health and Wellness Foundation Board, motion seconded by Betts, motion carried 5/0 by the following vote:

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)              

 

 

12.

(Successor Agency) Resolution Approving Purchase and Sale Agreement and Joint Escrow Instructions With Karnail Singh, Satnam Kaur, Malkiat Singh Randhawa, and Kanwardeep Kaur for Real Property Located at 66071 and 66079 Pierson Boulevard (APNs 641-021-006 and 641-021-048)

 

Acting Finance Director, Geoffrey Buchheim

 

Recommendation:

Adopt a Resolution of the Successor Agency to the Redevelopment Agency of the City of Desert Hot Springs approving Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency to the Redevelopment Agency of the City of Desert Hot Springs and Karnail Singh, Satnam Kaur, Malkiat Singh Randhawa, and Kanwardeep Kaur with respect to the real property located at 66071 and 66079 Pierson Boulevard, Desert Hot Springs, California (APNs 641-021-006 and 641-021-048) and approving certain related actions.

 

Geoffrey Buchheim, Acting Finance Director, presented the staff report.

 

Action: Zavala moved to approve staff recommendation and adopt Resolution No. SA-2019-001, motion seconded by Gardner, motion carried 5/0 by the following vote:

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)              

 

 

13.

Appointment to the Public Safety Commission to Fill Vacancy for Unexpired Term

 

City Clerk, Jerryl Soriano, CMC

 

Recommendation:

Ratify Council Member Zavala's appointment to the Public Safety Commission to fill one (1) vacancy consisting of an unexpired term ending January 2020.

 

Action: Zavala moved to appoint Florence Martin to the Public Safety Commission, motion seconded by Pye, motion carried 5/0 by the following vote:

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)              

 

 

14.

Second Amendment to the General Plan Update Contract with MIG, Inc.

 

Community Development Director, Rebecca Deming

 

Recommendation:

Authorize the City Manager to execute a Second Amendment to the Professional Services Agreement by and Between the City of Desert Hot Springs and MIG for the 2018 Comprehensive General Plan Update; with approval as to form by the City Attorney.

 

Rebecca Deming, Community Development Director, presented the staff report.

 

Action: Zavala moved to approve staff recommendation, motion seconded by Pye, motion carried 5/0 by the following vote:

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)              

 

 

15.

Award Street Sweeping Services - Project 2019-08

 

Public Works Director, Daniel Porras, P.E.

 

Recommendation:

Award the Street Sweeping Services Contract to M&M Sweeping, as the lowest responsible bidder, and authorize the City Manager to execute an agreement between M&M Sweeping and the City of Desert Hot Springs, in an amount not to exceed $70,740.00, with an additional $+14,148.00 for contingency annually, for City-wide Street Sweeping Services.

 

Nich Haecker, Public Works Manager, presented the staff report and responded to questions.

 

Action: Zavala moved to approve staff recommendation, motion seconded by Betts, motion carried 5/0 by the following vote:

 

 

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)              

 

 

16.

First Amendment to Professional Services Agreement for Public Works Inspections Services

 

Public Works Director, Daniel Porras, P.E.

 

Recommendation:

Authorize the City Manager to execute a First Amendment to the Professional Services Agreement between the City of Desert Hot Springs and Ray Torres, extending the contract term until June 30, 2020, with an amount not to exceed $109,678 annually for Contract Public Works Inspection Services, upon approval as to form by the City Attorney.

 

Danny Porras, Public Works Director, presented the staff report.

 

Action: Pye moved to approve staff recommendation, motion seconded by Zavala, motion carried 5/0 by the following vote:

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)              

 

 

17.

Funding Request from OneFuture Coachella Valley

 

City Clerk, Jerryl Soriano, CMC

 

Recommendation:

Consider a funding request in the amount of $25,000 from OneFuture Coachella Valley.

 

A discussion ensued.

 

Sheila Thornton, OneFuture Coachella Valley President/CEO, responded to questions.

 

A discussion ensued.

 

Action: Pye moved to approve funding request in the amount of $25,000 (in September 2019 for FY 2019-20), motion seconded by Zavala, motion carried 5/0 by the following vote:

 

Vote:                              AYES: 5 - Zavala, Betts, Matas, Pye, Gardner

Passed                         NOES: 0 - (None)              

 

 

CONSENT CALENDAR:

 

18.

City Council Regular Meeting Minutes: June 4, 2019

 

City Clerk, Jerryl Soriano, CMC

 

Recommendation:

Approve the Minutes as presented; or as corrected.

 

 

 

 

 

19.

Community Facilities District 2006-1, Improvement Area No. 1, Levy and Collection of Special Taxes for Fiscal Year 2019-20

 

Acting Finance Director, Geoffrey Buchheim

 

Recommendation:

Adopt a Resolution of the City Council Ordering the Levy and Collection of Special Taxes within Community Facilities District No. 2006-1 Improvement Area No. 1, for Fiscal Year 2019-20.

 

Council Member Betts and Mayor Matas recused due to a potential conflict of interest.

Resolution No. 2019-032

 

 

20.

Community Facilities District No. 2010-1 Levy and Collection of Special Taxes to Fund the Maintenance of the Improvements for Fiscal Year 2019-20

 

Acting Finance Director, Geoffrey Buchheim

 

Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, Approving the Levy and Collection of Special Taxes within the Community Facilities District No. 2010-1 (Services) for Fiscal Year 2019-20.

 

Council Member Betts and Mayor Matas recused due to a potential conflict of interest.

Resolution No. 2019-033

 

 

PUBLIC COMMENTS

 

None.

 

 

ADJOURN

 

Mayor Matas adjourned the meeting at 7:46 P.M.

 

 

 

 

 

 

            ______________________________

            Jerryl Soriano, CMC, City Clerk