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 2, 2020
5:00 P.M. – CLOSED SESSION
6:00 P.M. – REGULAR SESSION
CITY COUNCIL CHAMBERS
Carl May Community Center
11711 West Drive, Desert Hot Springs, California
This meeting was held pursuant to Executive Orders N-25-20 and N-29-20 issued by Governor Newsom. The City Council and Staff participated remotely.
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Mayor Matas called the Closed Session to order at 5:00 P.M. |
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Present: Council Member: Russell Betts (via videoconference) Council Member: Gary Gardner (via videoconference) Council Member: Jan Pye (via videoconference) Mayor Pro Tem: Robert Griffith (via videoconference) Mayor: Scott Matas (via videoconference) |
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Jennifer Mizrahi, City Attorney, requested to add a Closed Session Urgency Item regarding "Threat to Public Services or Facilities Pursuant to California Government Code Section 54957(a)." |
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Action: Matas moved to approve the addition of an urgency Closed Session item with findings that there was an urgent need to discuss the matter, and that the matter came to the attention of the City subsequent to the posting of the agenda, motion seconded by Gardner, motion carried 5/0 by the following vote: |
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Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
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1. |
REAL PROPERTY NEGOTIATIONS (Successor Agency) Pursuant to Government Code Section 54956.8: Property: 66146 Pierson Boulevard (APN: 639-232-040) Agency Negotiator: Charles L. Maynard, City Manager/Executive Director Jennifer Mizrahi, City Attorney/General Counsel Negotiating Parties: Mlou Guzman Villanueva Under Negotiation: Price and Terms |
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Urgency Item: |
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Mayor Matas called the Regular Session to order at 6:01 P.M. |
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Present: Council Member: Russell Betts (via videoconference) Council Member: Gary Gardner (via videoconference) Council Member: Jan Pye (via videoconference) Mayor Pro Tem: Robert Griffith (via videoconference) Mayor: Scott Matas (via videoconference) |
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Pastor Matt Dudley gave the Invocation. |
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Mayor Pro Tem Griffith led the Pledge of Allegiance. |
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Jennifer Mizrahi, City
Attorney, advised that the City Council voted 5-0 in Closed Session to adopt
Resolution 2020-019 extending the moratorium on evictions to June 30, 2020. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS, CALIFORNIA, PLACING AN IMMEDIATE MORATORIUM ON RESIDENTIAL AND COMMERCIAL EVICTIONS IN LIGHT OF THE FEDERAL, STATE, COUNTY AND CITY-DECLARED EMERGENCIES PERTAINING TO COVID-19 (TIME EXTENSION). |
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Action: Pye moved to approve the June 2, 2020 Regular Meeting agenda, and approve the Consent Calendar in its entirety, motion seconded by Griffith, motion carried 5/0 by the following vote: |
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Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
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Brad Anderson spoke regarding registration for virtual City Council meetings during the COVID-19 pandemic; public input on face mask requirement; and the Coachella Valley Mosquito and Vector Control District. |
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Doria Wilms, Assistant
City Manager, provided an update regarding COVID-19. |
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Council Member Gardner
reported on the various meetings he attended. |
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2. |
Development Permit No. 20-3: An Application to Develop 15 Single-Family Homes Within the Eagle Pointe Specific Plan Residential Development Tract Map No. 30540 |
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Community Development Director, Rebecca Deming |
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Recommendation: |
1) Staff Report 2) Entertain questions of Staff from the City Council; 3) Open Public Hearing; 4) Take testimony from Applicant; 5) Take public testimony for 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 for approval of Development Permit No. 20-3 to develop 15 single family homes within the Eagle Pointe Residential Development Tract Map No. 30540. |
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Patricia Villagomez,
Assistant Planner, presented the staff report. |
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Action: Gardner moved to approve staff recommendation, motion seconded by Betts, motion carried 5/0 by the following vote: |
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Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
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3. |
Desert Valley Disposal Placing Delinquent Disposal Billings on the County Tax Roll, Fiscal Year 2020-21 |
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Finance Director, Geoffrey Buchheim |
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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) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, Placing the Delinquent Desert Valley Disposal Billings on the Fiscal Year 2020-21 County Tax Roll, after Holding a Public Hearing. |
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Geoffrey Buchheim, Finance
Director, presented the staff report. |
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Mayor Matas opened the
Public Hearing. |
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Action: Pye moved to approve staff recommendation and adopt Resolution No. 2020-020, motion seconded by Gardner, motion carried 5/0 by the following vote: |
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Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
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4. |
Resolution Ordering Annual Assessments for Desert Valley Disposal Solid Waste Refuse Services of Residential Properties for Fiscal Year 2020-21 |
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Finance Director, Geoffrey Buchheim |
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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) Adopt a Resolution Ordering Annual Assessment for Desert Valley Disposal Solid Waste Refuse Services of Residential Properties for Fiscal Year 2020-21. |
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Geoffrey Buchheim, Finance
Director, presented the staff report.
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Action: Gardner moved to approve staff recommendation and adopt Resolution No. 2020-021, motion seconded by Pye, motion carried 5/0 by the following vote: |
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Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
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5. |
City of Desert Hot Springs Preliminary One Year Budget for All Funds and Capital Improvement Projects for Fiscal Year 2020-2021 |
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Finance Director, Geoffrey Buchheim |
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Recommendation: |
1) Receive Staff Presentation of the City of Desert Hot Springs Preliminary One Year Budget for All Funds and Capital Improvement Projects for Fiscal Year 2020-2021; 2) Entertain questions from City Council; 3) City Council to provide any changes, recommendations, or directions to be included in the final budget document; and 4) Adopt a Resolution of the City Council of the City of Desert Hot Springs Approving the Fiscal Year 2020-2021 Budget and Fiscal Year 2020-2021 Appropriations Limit. |
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Geoffrey Buchheim, Finance Director, presented the staff report and responded to questions. |
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A discussion ensued. |
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Jerryl Soriano, City Clerk, advised that written comments were received from Nicholas Leon; a copy of which was distributed to the City Council and made a part of the record. |
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Action: Gardner moved to approve staff recommendation and adopt Resolution No. 2020-022, motion seconded by Pye, motion carried 4/1 by the following vote: |
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Vote: AYES: 4 - Matas, Pye, Gardner, Griffith Passed NOES: 1 - Betts |
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General Public Comments
(Non-Agenda Items) were re-opened at this time. |
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6. |
Landscape and Lighting Maintenance District No. 1 Intention Proceedings for the Levy and Collection of Assessments |
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Finance Director, Geoffrey Buchheim |
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Recommendation: |
1) Adopt a Resolution of the City Council, declaring its intention for the levy and collection of assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B, for Fiscal Year 2020-21; and 2) Adopt a Resolution of the City Council, approving the Annual Engineer’s Report regarding the proposed levy and collection of assessments for the Landscape and Lighting Maintenance District No. 1 for Fiscal Year 2020- 21. |
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Council Member Betts recused due to a potential conflict of interest. |
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Geoffrey Buchheim, Finance Director, presented the staff report. |
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Action: Pye moved to approve staff recommendation and adopt Resolution No. 2020-023 (Intention) and Resolution No. 2020-024 (Engineer's Report), motion seconded by Griffith, motion carried 4/0 by the following vote: |
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Vote: AYES: 4 - Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) RECUSED: 1 - Betts |
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7. |
Landscape and Lighting Maintenance District No. 2 Intention Proceedings for the Levy and Collection of Assessments |
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Finance Director, Geoffrey Buchheim |
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Recommendation: |
1) Adopt a Resolution of the City Council declaring its intention for the levy and collection of assessments for Landscape and Lighting Maintenance District No. 2, Zones 1 through 15 and 17 through 19, for Fiscal Year 2020-21; and 2) Adopt a Resolution of the City Council approving the Annual Engineer's Report regarding the proposed levy and collection of assessments for Landscape and Lighting Maintenance District No. 2, Zones 1 through 15 and 17 through 19, for Fiscal Year 2020-21. |
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Council Member Betts and Mayor Matas recused due to a potential conflict of interest. |
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Geoffrey Buchheim, Finance Director, presented the staff report. |
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Action: Pye moved to approve staff recommendation and adopt Resolution No. 2020-025 (Intention) and Resolution No. 2020-026 (Engineer's Report), motion seconded by Gardner, motion carried 3/0 by the following vote: |
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Vote: AYES: 3 - Pye, Gardner, Griffith Passed NOES: 0 - (None) RECUSED: 2 - Betts, Matas |
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The City Council recessed
at 8:00 P.M. |
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8. |
Drainage Assessment District No. 1 Intention Proceedings for the Levy and Collection of Assessments |
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Finance Director, Geoffrey Buchheim |
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Recommendation: |
1) Adopt a Resolution of the City Council, declaring its intention for the levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2020- 21; and 2) Adopt a Resolution of the City Council, for approval of the Annual Engineer’s Report regarding the proposed levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2020-21. |
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Council Member Betts and Mayor Matas recused due to a potential conflict of interest. |
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Geoffrey Buchheim, Finance Director, presented the staff report. |
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Action: Gardner moved to approve staff recommendation and adopt Resolution No. 2020-027 (Intention) and Resolution No. 2020-028 (Engineer's Report), motion seconded by Pye, motion carried 3/0 by the following vote: |
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Vote: AYES: 3 - Pye, Gardner, Griffith Passed NOES: 0 - (None) RECUSED: 2 - Betts, Matas |
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9. |
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Community Development Director, Rebecca Deming |
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Recommendation: |
The Fireworks Committee is recommending that the City Council: 1) Make an exception to the Ordinance and approve all five (5) applications; or 2) Approve four (4) applications which are in compliance. |
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Patricia Villagomez, Assistant Planner, presented the staff report. |
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Action: Betts moved to make an exception to the Ordinance and approve all five (5) applications, motion seconded by Pye, motion carried 5/0 by the following vote: |
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Vote: AYES: 5 - Betts, Matas, Pye, Gardner, Griffith Passed NOES: 0 - (None) |
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10. |
(Continued from May 19, 2020) Appointment to the Planning Commission to Fill Vacancy for Unexpired Term |
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City Clerk, Jerryl Soriano, CMC |
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Recommendation: |
Ratify Council Member Betts' appointment to the Planning Commission to fill one (1) vacancy consisting of an unexpired term ending January 2022. |
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Council Member Betts moved to appoint Ted Mayrhofen to the Planning Commission, motion seconded by Mayor Matas. |
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A discussion ensued. |
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Council Member Betts withdrew his motion with consent of the second (Mayor Matas). |
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The item was tabled to the June 16, 2020 meeting. |
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11. |
A Resolution of the City Council Amending the Meeting Guidelines and Procedures Policy Regarding Appointments to City Boards and Commissions |
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Council Member, Gary Gardner; and Council Member, Jan Pye |
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Recommendation: |
The City Council Policies and Procedures Subcommittee (Council Members Gardner and Pye) recommend that the City Council adopt a Resolution of the City Council amending the Meeting and Guidelines and Procedures Policy regarding appointments to City Boards and Commissions. |
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Council Member Gardner and
Council Member Pye presented the report. |
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Action: Pye moved to approve the recommendation and adopt Resolution No. 2020-029, motion seconded by Gardner, motion carried / by the following vote: |
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Vote: AYES: 4 - Matas, Pye, Gardner, Griffith Passed NOES: 1 - Betts |
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12. |
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City Clerk, Jerryl Soriano, CMC |
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Recommendation: |
Approve the Minutes as presented; or as corrected. |
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13. |
Desert Valley Disposal Re-Investment Payment and Extension of Term of the Franchise Agreement |
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Finance Director, Geoffrey Buchheim |
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Recommendation: |
Approve a Minute Motion to accept a request from the Desert Valley Disposal for Re-Investment Payment and Extension of Term of the Franchise Agreement. |
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14. |
Second Reading and Adoption of an Ordinance Amending or Adding the Following Chapters of the Desert Hot Springs Municipal Code: A) 17.04.050 "Definitions"; B) 17.08 "Residential Districts"; 4) 17.12 "Commercial Districts"; D) 17.14 "Mixed Use Districts"; E) 17.16 "Industrial Districts"; F) 17.64 "Administration"; G) 17.74 "Administrative Conditional Use Permits" and 2) Amending The Zoning Map In Accordance With Zoning Amendment No. ZA-20-1 |
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Community Development Director, Rebecca Deming |
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Recommendation: |
Approve Second Reading, read by title only and adopt: " An Ordinance of the City Council of the City of Desert Hot Springs 1) Amending or Adding the Following Chapters of the Desert Hot Springs Municipal Code: A) 17.04.050 “Definitions”; B) 17.08 “Residential Districts”; 4) 17.12 “Commercial Districts”; D) 17.14 “Mixed Use Districts”; E) 17.16 “Industrial Districts”; F) 17.64 “Administration”; G) 17.74 “Administrative Conditional Use Permits” and 2) Amending The Zoning Map In Accordance With Zoning Amendment No. ZA-20-1.” |
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Ordinance No. 712. |
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15. |
Second Reading and Adoption of An Ordinance Amending the Desert Hot Springs Municipal Code to Clarify and Solidify the Intent of the City Council for Recovery of Attorney's Fees for Nuisance Abatement |
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City Clerk, Jerryl Soriano, CMC |
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Recommendation: |
Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 4.04.070 of the Desert Hot Springs Municipal Code to clarify and solidify the intent of the City Council for recovery of attorney's fees for nuisance abatement. |
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Ordinance No. 713. |
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16. |
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Finance Director, Geoffrey Buchheim |
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Recommendation: |
Receive and file. |
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None. |
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Mayor Matas adjourned the meeting at 8:52 P.M. _________________________ |
Jerryl Soriano, CMC, City Clerk