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
August 5, 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
|
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. |
|
|
Recognition Presented to Laura Cano, Desert Hot Springs High School Valedictorian, Class of 2014 |
|
|
Mayor, Adam Sanchez |
|
|
|
|
|
Ygrene Energy Fund |
|
|
|
|
|
Mayor, Adam Sanchez; and Mayor Pro Tem, Russell Betts |
|
|
Certificates of Recognition Presented for Community Engagement |
|
|
Mayor, Adam Sanchez |
|
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. |
|
1. |
Introduce an Ordinance for First Reading and Adopt a Resolution Regarding Mitigation Fee for New Development to Fund Multiple Species Habitat Conservation and Natural Community Conservation Plans |
|
|
|
Acting Community Development Director, Rich Malacoff, AICP |
|
|
Recommendation: |
1) Open the Public Hearing; 2) Take Testimony; 3) Close the Public Hearing; and 4) Introduce and approve for First Reading, an Ordinance Replacing Chapter 3.40 of the Municipal Code with a New Chapter 3.40 Regarding the Local Development Mitigation Fee Imposed on New Development to Fund the Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan; and 5) Adopt a Resolution of the City Council Adopting a Fee Schedule for the Local Development Mitigation Fee Imposed on New Development to Fund the Multiple Species Habitat Conservation Plan/Natural Community Conservation Plan. |
|
2. |
Developer Request for Waiver of Development Impact Fees - Mission Lakes Market Place |
|
|
|
City Manager, Martín Magaña |
|
|
Recommendation: |
1) Open the Public Hearing; 2) Take Testimony; 3) Close the Public Hearing; and 4) Take whatever action the City Council deems appropriate. |
|
3. |
Resolution Determining and Declaring that a Fiscal Emergency Exists in the City of Desert Hot Springs |
|
|
|
City Manager, Martín Magaña |
|
|
Recommendation: |
1) Open the Public Hearing; 2) Take Testimony; 3) Close the Public Hearing; and 4) Adopt (which requires a unanimous vote) a resolution of the City Council determining and declaring that a fiscal emergency exists in the City of Desert Hot Springs. |
|
4. |
Resolution Authorizing the City Manager to Approve the Updated Compensation and Benefit Profiles for Department Head Employees and Non-Represented Employees of the City of Desert Hot Springs |
|
|
|
Administrative Services Director, Amy Aguer |
|
|
Recommendation: |
Adopt a Resolution of the City Council authorizing the City Manager to approve the updated compensation and benefit profiles for Non-Represented Employees and Department Head Employees of the City of Desert Hot Springs. |
|
5. |
Desert Hot Springs Chamber of Commerce's Visitor's Center Monthly Report |
|
|
|
City Manager, Martín Magaña |
|
|
Recommendation: |
Receive and file. |
|
6. |
||
|
|
City Manager, Martín Magaña |
|
|
Recommendation: |
Receive and file. |
|
7. |
||
|
|
Administrative Services Director, Amy Aguer |
|
|
Recommendation: |
Receive and File. |
|
8. |
Payment Register and City Council Expenditures Report for the Month of June 2014 |
|
|
|
Administrative Services Director, Amy Aguer |
|
|
Recommendation: |
1) Receive and file Payment Register for June 2014. 2) Receive and file Report of City Council Expenditures for June 2014. |
|
9. |
||
|
|
Administrative Services Director, Amy Aguer |
|
|
Recommendation: |
Receive and File. |
|
10. |
||
|
|
Acting Community Development Director, Rich Malacoff, AICP |
|
|
Recommendation: |
Accept the Public Improvements, and release the Performance Bond for the Shodhan Dentistry located at 11213 Palm Drive. |
|
11. |
$5,500 Sponsorship for GRID Alternatives’ Solarthon - Solar Installation Fundraising Event |
|
|
|
Mayor, Adam Sanchez |
|
|
Recommendation: |
Approve the $5,500 sponsorship of GRID Alternatives Solarthon Installation Event for local homeowners per the attached Sponsorship Agreement. |
|
12. |
Ordinance Amending Municipal Code Chapter 8.08 and Resolution Establishing Performance Security Regarding Construction and Demolition Waste |
|
|
|
City Attorney, Steven B. Quintanilla |
|
|
Recommendation: |
1) Introduce for First Reading, an Ordinance of the City Council amending Chapter 8.08 to specify that the amount of the performance security will be established by resolution of the City Council; waive the reading of the Ordinance in its entirety and read by title only; and 2) Adopt a resolution of the City Council setting forth the recommended higher performance security. |
|
13. |
Lease Agreement between the City of Desert Hot Springs and ResCare Workforce Services |
|
|
|
City Manager, Martín Magaña |
|
|
Recommendation: |
Authorize the City Manager to execute a Lease Agreement between the City of Desert Hot Springs and ResCare Workforce Services to lease a portion of the Lozano Community Center at Tedesco Park for "The Linking Innovation, Knowledge & Employment Project (@LIKE)," upon approval as to form by the City Attorney. |
|
14. |
Tahiti Partners Properties Corporation - Pierson Professional Plaza, L.P. |
|
|
|
City Manager, Martín Magaña |
|
|
Recommendation: |
Consider a request by the developer to amend the date by which the project must start and that the project still be entitled to an exemption from the costs of undergrounding the utility lines along the north side of the property. |
|
15. |
(Continued from June 19, 2014) Professional Services Agreement by and between the City of Desert Hot Springs and The Pun Group, Inc., for Professional Auditing Services |
|
|
|
Administrative Services Director, Amy Aguer |
|
|
Recommendation: |
Authorize the City Manager to execute a Professional Services Agreement with the Pun Group, Inc., for Professional Auditing Services for the City of Desert Hot Springs and the Desert Hot Springs Health and Wellness Foundation in an amount not to exceed $75,600.00, subject to approval as to form by the City Attorney. |
|
16. |
(Continued from June 19, 2014) First Amendment to Professional Services Agreement With Hill International, Inc. for Engineering Services |
|
|
|
City Manager, Martín Magaña |
|
|
Recommendation: |
Authorize the City Manager to execute a First Amendment to the Professional Services Agreement with Hill International, Inc. for engineering services for an additional $470,000.00 for a new total not to exceed amount of $684,800.00; upon approval as to form by the City Attorney. |
|
17. |
(Continued from June 19, 2014) First Amendment to Professional Services Agreement With Go Live Technology, Inc. |
|
|
|
City Manager, Martín Magaña |
|
|
Recommendation: |
Authorize the City Manager to Execute a Second Amendment to Professional Services Agreement with Go Live Technology, Inc., for an additional one-year, in the amount of $37,440 with a new not-to-exceed amount of $84,240, approved as to form by the City Attorney. |
|
18. |
Landscape, Drainage, and Community Facilities District and Other Site Maintenance Contract - Project No. 2014-02 |
|
|
|
Acting Community Development Director, Rich Malacoff, AICP |
|
|
Recommendation: |
1) Award the bid and authorize the City Manager to enter into an agreement with the lowest responsible bidder, Conserve LandCare Inc.; and 2) Approve Third Amendment to extend current landscape maintenance contract with United GLI to August 31, 2014. |
|
19. |
Second Amendment to the Contract Services Agreement By and Between The City and Knorr Systems for Pool Maintenance at the John Furbee Aquatic Center |
|
|
|
Acting Community Development Director, Rich Malacoff, AICP |
|
|
Recommendation: |
Authorize the City Manager to execute a Second Amendment to the John Furbee Aquatic Center Pool Maintenance Agreement with Knorr Systems to extend their contract to September 30, 2014; upon approval as to form by the City Attorney. |
|
20. |
Cost Sharing Agreement with Caltrans for the Traffic Signal and Highway Safety Lighting at I-10 and Indian Canyon Drive |
|
|
|
Acting Community Development Director, Rich Malacoff, AICP |
|
|
Recommendation: |
Adopt a Resolution of the City Council approving the Cost-Sharing Agreement with Caltrans for State Highway Traffic Signal Equipment in the City of Desert Hot Springs (I-10 and Indian Canyon Drive); and authorize the Mayor to execute the agreement. |
|
21. |
Amended and Restated Agreement and Covenants, Conditions and Restrictions Affecting Real Property |
|
|
|
Administrative Services Director, Amy Aguer |
|
|
Recommendation: |
Adopt a Resolution of the Successor Agency approving the Amended and Restated Agreement and Covenants, Conditions and Restrictions Affecting Real Property with Margaret Ann Block for Neighborhood Renewal Program, and authorize the City Manager, acting on behalf of the Successor Agency, to execute the same. |
|
22. |
||
|
|
City Manager, Martín Magaña |
|
|
Recommendation: |
Approve the Amendment to Legal Services Agreement with Green de Bortnowsky, LLP, to provide for litigation and code enforcement services. |
|
23. |
Proposed General Tax Measures Regarding Sale/Distribution and Cultivation of Marijuana for Medical and Casual and Recreational Uses |
|
|
|
City Attorney, Steven Quintanilla; City Manager, Martín Magaña; City Clerk, Jerryl Soriano |
|
|
Recommendation: |
1) Adopt the resolution placing on the November 4, 2014 ballot a general tax measure proposing a _____ percent tax on the proceeds of the sale/distribution of medical marijuana;
2) Adopt the resolution placing on the November 4, 2014 ballot a general tax measure proposing a $_____ per square foot tax on the space dedicated to the cultivation of medical marijuana; 3) Adopt the resolution placing on the November 4, 2014 ballot a general tax measure proposing a _____ percent tax on the proceeds of the sale/distribution of marijuana for casual and recreational use, should such use be legalized or decriminalized in California; and/or 4) Adopt the resolution placing on the November 4, 2014 ballot a general tax measure proposing a $_____ per square foot tax on the space dedicated to the cultivation of marijuana for casual and recreational use, should such use be legalized or decriminalized in California. |
|
24. |
Proposed General Tax Measure Regarding One Percent Increase of Sales, Use and Transaction Tax |
|
|
|
City Attorney, Steven Quintanilla; City Manager, Martín Magaña; Administrative Services Director, Amy Aguer |
|
|
Recommendation: |
Adopt a resolution of the City Council placing on the November 4, 2014 ballot a general tax measure proposing a one percent increase in the sales, transaction and use tax. |
|
25. |
||
|
|
Mayor, Adam Sanchez |
|
|
Recommendation: |
Approve the 2014 Mexican Independence Day as a City sponsored event. |
|
26. |
||
|
|
Mayor Pro Tem, Russell Betts; and Council Member, Joe McKee |
|
|
Recommendation: |
Take whatever action the City Council deems appropriate. |
|
27. |
Sports Field Use Policy, Sports Field Seasonal Permit Application and Mission Springs Park Lease Policy |
|
|
|
Mayor, Adam Sanchez |
|
|
Recommendation: |
Direct Staff to have the Community and Cultural Affairs Commission provide a recommendation to the City Council on the following issues: 1) Whether to allow all Sports Field Permit Holders ("Permit Holders") to utilize the Mission Springs Park snack bar; 2) Whether to remove AYSO Permit Holder as the sole operator of the snack bar and require AYSO to remove all items stored at the facility;
3) Whether to require both Soccer League Permit Holders to purchase and install, at their own expense, storage containers and to work with City staff on a location of the containers; 4) Whether to require each Permit Holder increase its "$1,000 Emergency Fund" to not only pay for emergency repairs, but also to pay for the routine repair and maintenance of both Mission Springs Park and Wardman Park throughout the year; 5) Whether to impose as a condition of the Sports Field Seasonal Permit a requirement that Permit Holders perform criminal background checks of their employees and volunteers (i.e., coaches and referees) who work in close proximity with children involved in organized sports activities; and 6) Whether to pursue terminating, subleasing or assigning the City's Site Lease Agreement with Mission Springs Water District and relieving the City of its responsibility of maintaining Mission Springs Park and all the facilities and equipment located therein. |
|
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. |
|
1. |
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 Name of case: Sierra Club vs. Coachella Valley Conservation Commission, et al. Riverside County Superior Court Case No. PSC 1402024 |
|
2. |
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 Name of case: Desert Hot Springs Police Officers’ Association v. City of Desert Hot Springs Riverside County Superior Court Case No. PSC 1400888 |
|
3. |
CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code §54957.6 Agency Designated Representatives: City Manager, Martin Magana City Attorney, Steven Quintanilla Employee Organization: Police Officers Association (DHSPOA) |
|
4. |
CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code §54957.6 Agency Designated Representatives: City Manager, Martin Magana City Attorney, Steven Quintanilla Employee Organization: Teamsters Local 911 |
|
5. |
Pursuant to Government Code Section 54957 Title: Police Chief |
|
6. |
Pursuant to Government Code Section 54957 Title: Administrative Services Director |
|
7. |
Pursuant to Government Code Section 54957 Title: Community Development Director |