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

 

November 5, 2019

 

4:15 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 - 4:15 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 – 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.

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE

Pursuant to CA Government Code Section 54957

 

3.

PUBLIC EMPLOYEE APPOINTMENT

Pursuant to CA Government Code 54957

Title: City Attorney

 

 

PRESENTATIONS - 5:15 P.M.

 

4.

Coachella Valley Mosquito and Vector Control (CVMVCD) Presentation

 

CVMVCD General Manager, Jeremy Wittie, M.S.                     

 

5.

Cabot's Pueblo Museum Presentation

 

Executive Director, Irene Rodriguez                                             

 

6.

Service Recognition Presented to Former Planning Commissioner, Scott De la Torre

 

Mayor and City Council                                                                  

 

7.

Recognition of L.E.A.D. (Leadership, Education, Action, and Development) Group 2

 

Human Resources Director, Pamela Meuse                              

 

RECESS

 

REGULAR SESSION - 6:00 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

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:

 

8.

Annexation No. 35 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN 665-030-051 Located East of Little Morongo Road and South of 14th Avenue

 

Finance Director, Geoffrey Buchheim                                          

Packet Page 9

 

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 to 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.        35);

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. 35)

 

9.

Annexation No. 36 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN 665-030-052 Located East of Little Morongo Road and South of 14th Avenue

 

Finance Director, Geoffrey Buchheim                                          

Packet Page 41

 

Recommendation:

1)    Staff Report;

2)    Entertain questions of staff from the City Council;

3)    Open the Public Hearing;

4)    Take public testimony;

5)    Close 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.        36);

8)    Hold the election;

9)    Canvass the election;

10) Adopt a Resolution declaring election results for        annexation to Community Facilities District No. 2010-1        (Services) (Annexation No. 36)

 

10.

An Ordinance Amending Chapter 17.108 (Home Occupancy Permits) of Title 17 (Zoning) of the Desert Hot Springs Municipal Code to Adopt Regulations for Microenterprise Home Kitchen Operation

 

Community Development Director, Rebecca Deming              

Packet Page 73

 

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)  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      Chapter 17.108 (Home Occupancy Permits) of Title 17      (Zoning) of the Desert Hot Springs Municipal Code to      Adopt Regulations for Microenterprise Home Kitchen      Operations."

 

11.

Ordinances Amending Various Chapters of Desert Hot Springs Municipal Code Title 15 "Buildings and Construction" to Adopt the 2019 Editions of Various State and Uniform Codes"

 

Community Development Director, Rebecca Deming              

Packet Page 83

 

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)  City Council discussion and questions to Staff; and

9)  Introduce and read by title only the following ordinances:

        A) “An Ordinance of the City Council of the City of Desert Hot Springs amending Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to repeal Chapter 15.24 and to add Chapter 15.22 “California Fire Code” to adopt the 2019 edition of the California Fire Code with selected appendices

 

                   and amendments;” AND

B) “An Ordinance of the City Council of the City of Desert Hot Springs, California amending Chapter 4.08 “Enforcement Authority” and adding, repealing, amending, and renumbering various Chapters of Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code in order to adopt by reference the 2019 editions of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, International Property Maintenance Code, and to adopt local revisions to those Codes.”

 

ADMINISTRATIVE CALENDAR:

 

12.

L.E.A.D. (Leadership, Education, Action, and Development) Group 2 - Community Project

 

L.E.A.D. Team Members                                                                

Packet Page 137

 

Recommendation:

Receive and file.

 

13.

Stagnant Water Inspection and Abatement Warrant Release, Waiver, and Indemnity Agreement

 

Compliance Manager, Christina Archuleta                                 

Packet Page 141

 

Recommendation:

Approve the contract entitled, “Stagnant Water Inspection and Abatement Warrant Release, Waiver, and Indemnity Agreement By and Between the City Of Desert Hot Springs and Coachella Valley Mosquito and Vector Control District.”

 

14.

Approval of Parcel Map No. 37571 for Best Development Group, Acceptance of Dedications for Street and Public Utility Purposes, Acceptance of Subdivision Improvement Agreement and Related Bonds, and Acceptance of Utility Pole Undergrounding Agreement

 

Daniel Porras, Public Works Director                                           

Packet Page 157

 

Recommendation:

1)  Find that the Parcel Map No. 37571 is in substantial      conformance with the previously            approved tentative      map;

2)  Approve Parcel Map 37571 in accordance with the      Conditions of Approval;

3)  Accept the dedications as offered on the map for street      and public utility purposes, drainage easements and      direct access restrictions;

4)  Accept the Subdivision Improvement Agreement,      Performance Bond and Labor and Materials Bond once      approved by the City Attorney and City Manager;

 

 

5)  Authorize the City Clerk and Interim 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.

7)  Approve the Agreement to Defer Undergrounding of      Utilities and For Payment of Undergrounding of Costs,      and authority the City Manager to make any changes to      the Agreement if needed thereto to consummate the      Project.

 

15.

Resolution of Intent to Vacate Ortega Drive

 

Daniel Porras Public Works Director                                            

Packet Page 289

 

Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intent to vacate Ortega Drive in the City of Desert Hot Springs, which would set a time date and place for a City Council public hearing (proposed on December 3, 2019 at 6pm in the Carl May Center), and referring the matter to the planning commission for consideration of general plan consistency.

 

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: October 15, 2019

City Council Special Meeting Minutes: October 22, 2019

 

City Clerk, Jerryl Soriano, CMC                                                    

Packet Page 303

 

Recommendation:

Approve the Minutes as presented; or as corrected.

 

 

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.

                             

November 6

Planning Commission Special Meeting

6:00 p.m.

November 19

City Council Regular Meeting

6:00 p.m.

November 12

Planning Commission

6:00 p.m.

November 13

CCAC

6:00 p.m.

November 14

Public Safety Commission

6:00 p.m.

December 3

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.