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

 

July 7, 2020

 

4:30 P.M. – CLOSED SESSION

6:00 P.M. – REGULAR SESSION

 

VIA VIDEOCONFERENCE

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.

 

CLOSED SESSION - 4:30 P.M.

 

CALL TO ORDER

 

Mayor Matas called the Closed Session to order at 4:30 P.M.

 

 

ROLL CALL

 

                                  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)

 

 

PUBLIC COMMENTS

 

None.

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

 

 

 

 

CLOSED SESSION:

 

1.

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION

(Gov. Code section 54956.9(d)(1).)   

Name of Case: Coachillin’ Holdings, LLC v. City of Desert Hot Springs, et al.; Riverside Superior Court, Case No. PSC1907920

 

2.

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION

(Gov. Code section 54956.9(d)(1).)   

Name of Case: Garcia, et al. v. City of Desert Hot Springs, et al., Case Number PSC1807458

 

3.

THREAT TO PUBLIC SERVICES OR FACILITIES

(Gov. Code section 54957(a).)

Consultation with: Desert Hot Springs Police Department - Chief Henson, or his designee

 

RECESS

 

REGULAR SESSION - 6:00 P.M.

 

CALL TO ORDER

 

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

 

 

ROLL CALL

 

                                  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)

 

 

INVOCATION

 

A Moment of Silence was held in memory of Patricia "Corky" Larson.

 

 

PLEDGE OF ALLEGIANCE

 

Council Member Gardner led the Pledge of Allegiance.

 

 

CITY ATTORNEY REPORT ON CLOSED SESSION

 

Jennifer Mizrahi, City Attorney, reported that a Judge has ruled that the City would not be liable for attorney's fees regarding Closed Session Item 2; and advised that there was no reportable action from the June 30, 2020 Closed Session.

 

APPROVAL OF THE AGENDA

 

Action: Gardner moved to approve the July 7, 2020 Regular Meeting Agenda; and approve the Consent Calendar in its entirety, motion seconded by Griffith, motion carried 5/0 by the following vote:

 

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

Passed                         NOES: 0 - (None)              

 

 

PUBLIC COMMENTS

 

Jay Hyde expressed concerns regarding his project.

 

Tina Esmeralda introduced her "Neighbor to Neighbor" project.

 

Giuseppe Catalanos spoke regarding Item 8 concerning Citation No. 12005D.

 

 

CITY MANAGER REPORT

 

Geoffrey Buchheim, Finance Director, provided an update regarding the City's finances.

 

Jim Henson, Chief of Police, reported on the COVID testing site and response to illegal fireworks.

 

Daniel Porras, Public Works Director, provided an update regarding various road and traffic signal projects.

 

 

MAYOR AND COUNCIL MEMBER REPORTS

 

Council Member Pye reported on the various meeting she attended.

 

Council Member Gardner reported on the various meetings he attended.

 

Mayor Pro Tem Griffith reported on the various meetings he attended.

 

Council Member Betts reported on the various meetings he attended.

 

Mayor Matas reported on the various meetings he attended.

 

 

PUBLIC HEARINGS:

 

4.

Landscape and Lighting Maintenance District No. 1 Levy and Collection of Assessments to Fund Improvements for Fiscal Year 2020-21

 

Finance Director, Geoffrey Buchheim

 

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; 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 2020-21.

 

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

 

Geoffrey Buchheim, Finance Director, presented the staff report.

 

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

 

Action: Gardner moved to approve staff recommendation, motion seconded by Pye, motion carried 4/0 by the following vote:

 

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

Passed                         NOES: 0 - (None)  

                              RECUSED:  1 - Betts    

 

 

5.

Landscape and Lighting Maintenance District No. 2 Levy and Collection of Assessments to Fund Improvements for Fiscal Year 2020-21

 

Finance Director, Geoffrey Buchheim

 

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; 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 2020-21.

 

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

Mayor Pro Tem Griffith assumed the Chair.

 

Geoffrey Buchheim, Finance Director, presented the staff report.

 

Mayor Pro Tem Griffith opened the Public Hearing.


There was no public testimony.

Mayor Pro Tem Griffith closed the Public Hearing.

 

Action: Gardner moved to approve staff recommendation and adopt Resolution No. 2020-038, motion seconded by Pye, motion carried 3/0 by the following vote:

 

Vote:                              AYES: 3 - Pye, Gardner, Griffith

Passed                         NOES: 0 - (None)  

                              RECUSED:  2 - Betts, Matas    

 

 

6.

Drainage Assessment District No. 1 Levy and Collection of Assessments to Fund Improvements for Fiscal Year 2020-21

 

Finance Director, Geoffrey Buchheim

 

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; 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 2020-21

 

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

 

Geoffrey Buchheim, Finance Director, presented the staff report.

 

Mayor Pro Tem Griffith opened the Public Hearing.

There was no public testimony.

Mayor Pro Tem Griffith closed the Public Hearing.

 

Action: Gardner moved to approve staff recommendation and adopt Resolution No. 2020-039, motion seconded by Pye, motion carried 3/0 by the following vote:

 

Vote:                              AYES: 3 - Pye, Gardner, Griffith

Passed                         NOES: 0 - (None)  

                              RECUSED:  2 - Betts, Matas    

 

 

7.

Development Agreement No. 20-1: A Development Agreement Between the City of Desert Hot Springs and Marapharm DHS California, LLC

 

Community Development Director, Rebecca Deming

 

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) Introduce for First Reading and read by title only, "An      Ordinance of the City Council of the City of Desert Hot      Springs, California, Approving the Development      Agreement by and Between the City of Desert Hot Springs      and Marapharm DHS California LLC.

 

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

 

Mayor Matas opened the Public Hearing.

Chris Brizuela, MSA Consulting, addressed the City Council on behalf of the applicant.

There was no public testimony.

Mayor Matas closed the Public Hearing.

 

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

 

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

Passed                         NOES: 0 - (None)              

 

 

8.

Resolution Affirming the Report of Public Nuisance Abatement Costs and Placing Them on the Tax Roll

 

Finance Director, Geoffrey Buchheim

 

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; and

6) City Council discussion and questions to Staff; and

7) Adopt a Resolution of the City Council of the City of Desert      Hot Springs, State of California Ordering Confirmation of      the Special Assessments Against Parcels of Land within      the Public Nuisance Abatement Costs for Fiscal Year      2020-21.

 

Geoffrey Buchheim, Finance Director, presented the staff report.

 

Christina Archuleta, Compliance Manager, responded to questions regarding bank owned foreclosed properties.

 

Mayor Matas opened the Public Hearing.

 

Chantell Odell spoke regarding 66572 Hacienda Avenue.

 

 

 

Jay Hyde spoke regarding fines.

 

Mayor Matas closed the Public Hearing.

 

Action: Gardner moved to approve staff recommendation and adopt Resolution No. 2020-040, motion seconded by Pye, motion carried 5/0 by the following vote:

 

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

Passed                         NOES: 0 - (None)              

 

 

9.

(Continued from June 16, 2020) Resolution Adopting User Fee Study

 

Finance Director, Geoffrey Buchheim

 

Recommendation:

1) Staff Report;

2) Entertain questions of Staff by 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; and

7) Adopt a Resolution of the City Council adopting the User      Fee Study prepared by Revenue & Cost Specialists, LLC,      dated April 2020.

 

Geoffrey Buchheim, Finance Director, introduced Eric Johnson, Revenue and Cost Specialists.

Eric Johnson, Revenue and Cost Specialists, presented an overview of the User Fee Study.

 

Mayor Matas opened the Public Hearing.

 

Jocelyn Kane spoke in a neutral position and requested clarification regarding quarterly inspections.

 

Katherine Dickerson spoke opposed.

 

Kenny Dickerson spoke opposed.

 

Paula Turner spoke opposed.

 

Jay Hyde spoke opposed.

 

Mayor Matas closed the Public Hearing.

 

A discussion ensued. Staff responded to questions.

 

Action: Gardner moved to approve staff recommendation and adopt Resolution No. 2020-041, motion seconded by Griffith, motion carried 4/1 by the following vote:

 

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

Passed                         NOES: 1 - Betts

 

The City Council recessed at 8:00 P.M.

The City Council reconvened at 8:19 P.M.

 

 

10.

An Ordinance Amending Section 17.08.120 "Manufactured Homes" of Chapter 17.08 "Residential Districts" of Title 17 "Zoning" of the Desert Hot Springs Municipal Code Regarding Regulations for the Installation of Manufactured Homes

 

Community Development Director, Rebecca Deming

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from the City Council

3)  Open Public Hearing;

4)  Take public testimony;

5)  Close the Public Hearing;

6)  City Council discussion and questions to Staff; and

7)  Introduce for First Reading and read by title only “An      Ordinance of the City Council of the City of Desert Hot      Springs, California Amending Section 17.08.120      “Manufactured Homes” Of Chapter 17.08 “Residential      Districts” of Title 17 “Zoning” of the Desert Hot Springs      Municipal Code Regarding Regulations for the Installation      of Manufactured Homes.”

 

Rebecca Deming, Community Development Director, presented the staff report and responded to questions.

 

Mayor Matas opened the Public Hearing.

 

There was no public testimony.

 

Mayor Matas closed the Public Hearing.

 

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 - Betts, Matas, Pye, Gardner, Griffith

Passed                         NOES: 0 - (None)              

 

 

11.

An Ordinance Amending Section 17.40.200 "Projections/Construction and Equipment Permitted into Setbacks" of Title 17 "Zoning" of the Desert Hot Springs Municipal Code to Clarify What Projections Can Encroach into Setback Areas

 

Rebecca Deming, Community Development Director

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from the City Council

3)  Open Public Hearing;

 

4)  Take public testimony;

5)  Close the Public Hearing;

6)  City Council discussion and questions to Staff; and

7)  Introduce for First Reading and read by title only “An      Ordinance of the City Council of the City of Desert Hot      Springs Amending Section 17.40.200      “Projections/Construction and Equipment Permitted into      Setbacks” of Title 17 “Zoning” of the Desert Hot Springs      Municipal Code to Clarify What Projections Can Encroach      into Setback Areas”

 

Rebecca Deming, Community Development Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

 

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

 

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

Passed                         NOES: 0 - (None)              

 

 

12.

An Ordinance Amending Section 17.12.030 "Land Use District Development Standards" of the Desert Hot Springs Municipal Code to Reflect Development Standards for Its New Zoning Designations Pursuant to the New General Plan Update

 

Community Development Director, Rebecca Deming

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from the City Council;

3)  Open Public Hearing;

4)  Take public testimony;

5)  Close the Public Hearing;

6)  City Council discussion and questions to Staff; and

7)  Introduce for First Reading and read by title only “An      Ordinance of the City Council of the City of Desert Hot      Springs Amending Section 17.12.030 “Land Use District      Development Standards” of the Desert Hot Springs      Municipal Code to Reflect Development Standards for Its      New Zoning Designations Pursuant to the New General      Plan Update.”

 

Rebecca Deming, Community Development Director, presented the staff report and responded to questions.

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)              

 

 

13.

Environmental Findings, General Plan GPA-20-1 Housing Element Technical Corrections

 

Community Development Director, Rebecca Deming

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from the City Council

3)  Open Public Hearing;

4)  Take public testimony;

5)  Close the Public Hearing;

6)  City Council discussion and questions to Staff; and

7)  Adopt a Resolution of the City Council of the City of   Desert Hot Springs, California, Amending General Plan Amendment GPA 20-1 to Make Technical Corrections to         the Housing Element to Reflect Requirements of the     Housing Rollover Requirement Numbers In State Law,          Including Correcting the Sites Inventory Table and Other            Areas to Reflect The Proper Rollover Numbers.

 

Rebecca Deming, Community Development Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

 

Action: Pye moved to approve staff recommendation and adopt Resolution No. 2020-042, motion seconded by Griffith, motion carried / by the following vote:

 

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

Passed                         NOES: 0 - (None)

 

 

ADMINISTRATIVE CALENDAR:

 

14.

Desert Valley Disposal Agreement for Trash Abatement Program

 

Finance Director, Geoffrey Buchheim

 

Recommendation:

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

 

Geoffrey Buchheim, Finance Director, presented the staff report.

 

A discussion ensued.

 

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

 

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

Passed                         NOES: 0 - (None)              

 

 

15.

Proposed Refinancing of the California Communities Transportation Revenue (Installment Sale) Certificates of Participation, Series 2012A (TRIP - Total Road Improvement Program)

 

Finance Director, Geoffrey Buchheim

 

Recommendation:

Adopt a Resolution of the City Council Approving the Execution and Delivery of California Statewide Communities Development Authority Transportation Revenue (Installment Sale) Certificates of Participation, Series 2020 (T.R.I.P. – Total Road Improvement Program) Pursuant to a Trust Agreement to Prepay and Refund the City’s 2012 Installment Sale Agreement and Related Certificates of Participation, Authorizing the Execution and Delivery of an Installment Sale Agreement, a Trust Agreement, Certificate Purchase Agreement and an Escrow Agreement, Authorizing the Distribution of an Official Statement in Connection with the Offering and Sale of such Certificates, and Authorizing Other Matters Relating Thereto”

 

Geoffrey Buchheim, Finance Director, introduced Michael Busch, Urban Futures.

 

Michael Busch, Urban Futures, presented the staff report and responded to questions.

 

Action: Pye moved to approve staff recommendation and adopt Resolution No. 2020-043, motion seconded by Griffith, motion carried 5/0 by the following vote:

 

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

Passed                         NOES: 0 - (None)              

 

 

16.

Resolution Amending the Fiscal Year 2020-2021 Budget to Include Projects to be Funded by Senate Bill 1 (SB1)

 

Public Works Director, Daniel Porras

 

Recommendation:

Adopt a Resolution of the City Council amending the budget for Fiscal Year 2020-2021 to incorporate the list of projects to be funded by Senate Bill 1 (SB 1) - Road Maintenance Rehabilitation Account (RMRA) Funds with an estimated amount of $502,727.

 

Daniel Porras, Public Works Director, presented the staff report and responded to questions.

 

Action: Betts moved to approve staff recommendation and adopt Resolution No. 2020-044, motion seconded by Gardner, motion carried 5/0 by the following vote:

 

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

Passed                         NOES: 0 - (None)              

 

 

17.

(Continued from June 16, 2020, June 2, 2020, and May 19, 2020) Appointment to the Planning Commission

 

City Clerk, Jerryl Soriano, CMC

 

Recommendation:

Continue the appointment to September 1, 2020.

 

Council Member Betts presented the report.

 

A discussion ensued.

 

Action: Pye moved to approve that the appointment decision be made at this time, motion seconded by Gardner, motion carried 1/4 by the following vote:

 

Vote:                              AYES: 1 - Pye       

Failed                            NOES: 4 - Betts, Matas, Gardner, Griffith

 

A discussion ensued.

 

Action: Matas moved to approve recommendation to continue the appointment to September 1, 2020, motion seconded by Betts, motion carried 3/2 by the following vote:

 

Vote:                              AYES: 3 - Betts, Matas, Gardner           

Passed                         NOES: 2 - Pye, Griffith

 

 

18.

Notice of Completion - New City Hall Project No. 2019-03

 

Public Works Director, Daniel Porras

 

Recommendation:

Approve the work, accept the Project, and direct the City Manager to file the Notice of Completion for the New City Hall Project 2019-03.

 

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

 

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

 

Action: Gardner moved to approve staff recommendation, motion seconded by Griffith, motion carried 4/0 by the following vote:

 

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

Passed                         NOES: 0 - (None)  

                              RECUSED:  1 - Betts    

 

 

 

 

 

CONSENT CALENDAR:

 

19.

City Council Regular Meeting Minutes: June 16, 2020

 

City Clerk, Jerryl Soriano, CMC

 

Recommendation:

Approve the Minutes as presented; or as corrected.

 

20.

Second Reading and Adoption of an Ordinance Correcting Certain Typographical Errors to Reflect the Proper Density By Amending: 1) Land Use Table 17.08.02 "Development Standards-Residential Districts," and 2) Land Use Table 17.14.02 "Development Standards-Mixed Use Districts."

 

City Clerk, Jerryl Soriano, CMC

 

Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Correcting Certain Typographical Errors to Reflect the Proper Density By Amending: 1) Land Use Table 17.08.02 "Development Standards-Residential Districts," and 2) Land Use Table 17.14.02 "Development Standards-Mixed Use Districts."

 

Ordinance No. 714

 

 

PUBLIC COMMENTS

 

None.

 

 

ADJOURN

 

Mayor Matas adjourned the meeting at 9:32 P.M.

 

 

 

 

 

            __________________________________

            Jerryl Soriano, CMC, City Clerk