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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

April 15, 2014

6:00 P.M. – REGULAR SESSION

(CLOSED SESSION TO IMMEDIATELY FOLLOW OPEN SESSION)

CITY COUNCIL CHAMBERS

CARL MAY COMMUNITY CENTER

11711 West Drive, Desert Hot Springs, California

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

APPROVAL OF THE AGENDA

URGENCY ITEM(S)

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.

PRESENTATIONS

	Proclamation for "May is Mental Health Month"
	Mayor, Adam Sanchez

	Recognition of "Palm Springs POWER" Baseball
	Mayor, Adam Sanchez

PUBLIC COMMENTS

At this time, pursuant to State law, any person may comment on an item, which is NOT on the agenda. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. 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.

PUBLIC HEARINGS

Resolution Setting Aquatic Services Fees

Acting City Manager, Martín Magaña

Recommendation:

1) Open the Public Hearing;

2) Staff Report

3) Take testimony in Favor;

4) Take Testimony Against;

5) Rebuttal;

6) Questions of Staff from Council;

7) Close the Public Hearing and

8) Adopt a resolution of the City Council approving Aquatic Fees.

Development Agreement 01-14 (DA 01-14) for Two Bunch Palms Bliss, LLC, to Expand Facilities at the Site Located at 67425 Two Bunch Palms Trail and Zone Map Amendment No. 01-14 (ZMA 01-14) to Change the Zoning of Various Parcels

Acting City Manager, Martín Magaña

Recommendation:

1) Open the Public Hearing;

2) Staff Report

3) Take testimony in Favor;

4) Take Testimony Against;

5) Rebuttal;

6) Questions of Staff from Council;

7) Close the Public Hearing and

8) Accept the Planning Commission's recommendation and take the following actions:

a) Adopt the CEQA Resolution approving the Addendum to the 2007 Final Environmental Impact Report for the Two Bunch Palms Specific Plan regarding the TBS Bliss Development Agreement and the Project described therein;

b) Adopt an Ordinance approving the TBS Bliss Development (TBP) Development Agreement, subject to the terms and conditions contained therein;

c) Adopt a Zoning Ordinance Amendment changing the existing zoning of the Two Bunch Palms Resort and Spa and surrounding properties, as described in the TBS Development Agreement, to permit the development of a maximum of 621 residential units, 283 residential visitor units, 385 resort units, 19.92 acres of permanent open space and 3.97 acres of commercial space on: (a) one (1) R/VS-L “Resort Zone” parcel, on which the current Resort and its expansion will be located; (b) one (1) parcel with five (5) residential lots which are and will continue to be zoned residential low (R-L) and residential visitor medium (R/VS-M); (c) one (1) parcel zoned R/VS-H, but set aside for open space; and (d) one (1) parcel zoned commercial which will permit the development of a maximum of 621 residential units, 283 residential visitor units, 385 resort units, 19.92 acres of permanent open space and 3.97 acres of commercial space; and

d) Waive the application of the provisions of Municipal Code Section 16.20.110, which prohibits lot line adjustments that increase or decrease the gross area of any property involved by more than 20%; and

e) Direct staff to process for approval the necessary Lot line Adjustments to conform with the description of the Project as set forth in the TBD Development Agreement, subject to TBP providing the City, within 180 days of the approval of the Development Agreement a Record of Survey for the affected lots and any adjustments to the legal descriptions needed to conform to that Record of Survey.

Major Amendment to include the City of Desert Hot Springs and Mission Springs Water District as Permittees under the Coachella Valley Multiple Species Habitat Conservation Plan.

Acting City Manager, Martín Magaña

Recommendation:

1) Adopt a Resolution making responsible agency findings pursuant to the California Environmental Quality Act for the Coachella Valley Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan (“CVMSHCP”), which also includes the City Council’s approval of the CVMSHCP as revised by the Major Amendment and authorizes the Mayor to execute the revised Implementing Agreement (IA), and directs that a Notice of Determination be filed; and

2) Adopt a Resolution establishing the CVMSHCP Implementation Policy which contains the procedures and requirements for implementation of the CVMSHCP.

CONSENT CALENDAR

City Council Special Meeting Minutes: March 5, 2014

City Council Special Meeting Minutes: March 12, 2014

City Clerk, Jerryl Soriano, CMC

Recommendation:

Approve Minutes as presented; or as corrected.

Authorization to Submit a Grant Application for the Desert Hot Springs Fire Department Under the State Homeland Security Grant Program (SHSGP) Through Riverside County Fire Office of Emergency Services

Fire Chief, Pat Tomlinson

Recommendation:

1) Authorize the Desert Hot Springs Fire Department to submit a grant for the support of CERT project training of citizens in the city of Desert Hot Spring and the surrounding community. The grant is offered and administered through the County Fire Department Office of Emergency Services; and

2) Authorize the City Manager, or his designee, to sign any needed grant application documents and/or contracts.

6.	Contracts Management Report as of March 31, 2014
	Administrative Services Director, Amy Aguer
	Recommendation:	Receive and file.

7.	Desert Hot Springs Chamber of Commerce's Visitor's Center Monthly Report
	Acting City Manager, Martín Magaña
	Recommendation:	Receive and file.

Payment Register and City Council Expenditure Report for March, 2014

Administrative Services Director, Amy Aguer

Recommendation:

1) Receive and File Payment Register for March, 2014.

2) Receive and File Report of City Council Expenditures for March, 2014.

9.	Treasurer's Report as of February 28, 2014
	Administrative Services Director, Amy Aguer
	Recommendation:	Receive and File.

ADMINISTRATIVE CALENDAR

10.

Audited Financial Statements

Administrative Services Director, Amy Aguer

Recommendation:

1) Receive the Fiscal Year 2012/13 Audited Financial Statements.

2) Take whatever action the City Council deems appropriate.

11.

Agreement for Aquatic Programs and Services Operator

Acting City Manager, Martín Magaña

Recommendation:

1) Authorize the Acting City Manager to negotiate and execute a Service Provider Agreement, upon approval as to form by the City Attorney, with Fullerton Aquatics Sports Team, Inc. (FAST) to operate and manage the following for the summer season (May 26, 2014 through September 1, 2014):

a) John H. Furbee Aquatic Center in an amount not to exceed $82,000; and/or

b) Wardman Pool in an amount not to exceed $22,000.

12.	First Amendment to the John Furbee Aquatic Center Maintenance Agreement with Knorr Systems, Incorporated
	Acting City Manager, Martín Magaña
	Recommendation:	Authorize the Acting City Manager to execute a First Amendment to the John Furbee Aquatic Center Maintenance Agreement with Knorr Systems, Incorporated to extend the term of the contract to August 1, 2014 in an amount not to exceed $63,725.00.

13.

Landscape Maintenance Districts and Drainage Assessment District - Initiate Proceedings for the Levy and Collection of Assessment

Administrative Services Director, Amy Aguer

Recommendation:

1) Adopt a Resolution of the City Council initiating proceedings 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 2014-15;

2) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Landscape Maintenance District No. 2 for Fiscal Year 2014-15; and

3) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2014-15.

14.

Annual Review Literacy, Language & Cultural Centers (LiLaC), Inc. Non-Exclusive License Agreement

Acting City Manager, Martín Magaña

Recommendation:

1) Receive the Annual Review of Literacy, Language & Cultural Centers (LiLaC), Inc. Non-Exclusive License Agreement;

2) Revise the Non-Exclusive Agreement to include a monthly contribution from LiLaC and increase the termination notice from a 30-day notice to a 60-day notice from Either Party; and

3) Take whatever action the City Council deems appropriate.

15.

Landscape, Drainage, and Community Facilities District Maintenance Contract - Project # 2014-02

Acting City Manager, Martín Magaña

Recommendation:

1) Reject the one bid received;

2) Authorize staff to re-bid the work;

3) Authorize the Acting City Manager to execute a 2nd Amendment to extend the existing contract with United GLI until August 7, 2014, in the amount of $16,067.00 per month; and

4) Adjust the budget to include the extension of the contract.

16.	Appointment to Vacant Oversight Board Position
	Deputy City Clerk, Kristie Ramos
	Recommendation:	Mayor appoint Martin Magana to serve on the Oversight Board of the Successor Agency to the Former Desert Hot Springs Redevelopment Agency.

17.	International Council of Shopping Centers (ICSC) Travel Arrangements
	Deputy City Clerk, Kristie Ramos
	Recommendation:	Provide staff direction regarding travel arrangements for the International Council of Shopping Centers (ICSC) Conference to be held in May 2014.

18.	Travel Authorization for the 2014 Annual City Clerks Association of California Conference
	City Clerk, Jerryl Soriano, CMC
	Recommendation:	Approve travel/training for the 2014 Annual City Clerks Association of California Conference.

19.	Sports Field Seasonal Permit Application and Policy
	Acting City Manager, Martín Magaña
	Recommendation:	Provide staff direction on the City’s Sports Field Seasonal Permit Application and Policy as it relates to the use of Snack Bar and Storage Facilities at Mission Spring Park.

20.	First Reading of Ordinance to Amend Chapter 8.04 "Garbage and Rubbish" of the City of Desert Hot Springs Municipal Code
	City Attorney, Steve Quintanilla
	Recommendation:	Introduce Ordinance to Amend Chapter 8.04 "Garbage and Rubbish" of the City of Desert Hot Springs Municipal Code, review and consider adoption at second reading; waive the reading of the Ordinance in its entirety, and read by title only.

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.

MAYOR AND COUNCIL MEMBER REPORTS

CITY MANAGER REPORT

RECESS TO CLOSED SESSION

CLOSED SESSION:

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Pursuant to Government Code Section 54956.8:

Property: 11750 Cholla Drive, Suite "A"

Agency negotiator: Martin Magana, Acting City Manager

Steven Quintanilla, City Attorney

Negotiating parties: Coachella Valley Boys and Girls Club

Under negotiation: Lease terms

2.	CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) Case Name: Pacific Custom Pools v. City of Desert Hot Springs, et al., Riverside County Superior Court Case No. PSC 1300787

3.	CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Desert Hot Springs Police Officers’ Association v. City of Desert Hot Springs County of Riverside Superior Court Case No. PSC 1400888

4.	CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code §54957.6 Agency Designated Representatives: Acting City Manager, Martin Magana City Attorney, Steven Quintanilla Employee Organization: Police Officers Association (DHSPOA)

5.	Pursuant to Government Code Section 54957(b)(1) Public Employment: Permanent City Manager Position

CONVENE 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.

April 17	Architecture and Landscaping Review Committee	CANCELED
April 23	Economic Development Committee	6:00 p.m.
April 24	Emergency Preparedness/CERT Committee	6:00 p.m.

May 1	Architecture and Landscaping Review Committee	2:00 p.m.
May 6	City Council Regular Meeting	6:00 p.m.
May 8	Public Safety Commission	6:00 p.m.
May 13	Planning Commission	6:00 p.m.
May 14	RDA Oversight Board Meeting	8.00 a.m.
May 14	CCAC	6:00 p.m.
May 15	Architecture and Landscaping Review Committee	2:00 p.m.
May 20	City Council Regular Meeting	6:00 p.m.
May 22	Emergency Preparedness/CERT Committee	6:00 p.m.
May 28	Economic Development Committee	6:00 p.m.

NOTICES

Title 2

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.