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

 

June 20, 2017

 

4:30 P.M. – STUDY SESSION

5:30 P.M. – PRESENTATIONS

6:00 P.M. – REGULAR SESSION

 

CITY COUNCIL CHAMBERS

Carl May Community Center

11711 West Drive, Desert Hot Springs, California

 

 

 

 


STUDY SESSION - 4:30 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

1.

Housing Sub-Committee Report

 

Mayor, Scott Matas

 

 

 

PRESENTATIONS - 5:30 P.M.

 

2.

Youth Court Presentation

 

Mayor, Scott Matas

 

 

3.

Special Presentation

 

Mayor, Scott Matas

 

 

 

RECESS

 

 

 

 

 

REGULAR SESSION - 6:00 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

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:

 

4.

Urgency Interim Ordinance Adopting a Moratorium on the Establishment of any Medical Marijuana Facility Located in the 207 Acre Area North of the I-10 Freeway and West of Palm Drive, and South of Varner Road, Excepting APN 669-150-002

 

Community Development Director, Daniel Porras, P.E.

Packet Page 11

 

Recommendation:

1)  Staff Report;

2)  Entertain questions of Staff from 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)  Consider adoption of an Interim Urgency Ordinance of the      City Council of the City of Desert Hot Springs prohibiting      the establishment of any medical marijuana facility as      defined in Chapter 17.180 of the Desert Hot Springs      Municipal Code, or for any use or activity related thereto,      for properties with a General Plan land-use designation of      L-I (light-Industrial) and located in the 207 acre area north      of the I-10 freeway, and west of Palm Drive, and south of      Varner Road, and excepting APN 669-150-002.

 

5.

Request for a General Plan and Zoning Map Amendment (GPA 02-16 and ZMA 02-16) from R-L (Low Density Residential) to I-L (Light Industrial) for the Two Parcels Located on the East Side of Little Morongo Road Between Desert View Avenue and 13th Avenue (APN Nos. 663-260-001 and 663-260-002) Applicants: Ozhemma Kazaryan and Feliks Akopyan

 

Community Development Director, Daniel Porras, P.E.

Packet Page 21

 

Recommendation:

1)    Staff Report;

2)    Entertain questions of Staff from City Council;

3)    Open the Public Hearing;

4)    Take testimony from applicant;

5)    Take Public testimony;

6)    Applicant rebuttal;

7)    Close the Public Hearing;

8)    City Council discussion and questions to Staff; and

9)    Planning Commission’s recommendation is to DENY the        Project. Should the City Council wish to DENY the        Project, it should adopt a Resolution denying the        Negative Declaration and General Plan and Zone Map        Amendment from a R-L (low-density residential) land use        designation to a I-L (light industrial) designation for APN        Nos. 663-260-001 and 663-260-002; OR

10) Should the City Council wish to Approve the Project, it        should adopt a Resolution approving: 1) the Negative        Declaration and 2) the General Plan and Zone Map        Amendment from a R-L (low-density residential) land use        designation to a I-L (light industrial) designation for APN        Nos. 663-260-001 and 663-260-002.

 

6.

Annexation No. 11 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN No. 665-030-063 Located at 65241 San Jacinto Lane (Healing Nature/Clonenetics - Osborne)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 163

 

Recommendation:

1)    Staff Report;

2)    Entertain questions of Staff from the City Council;

3)    Open the Public Hearing;

4)    Take testimony;

5)    Close the 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.        11).

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. 11).

 

7.

Annexation No. 12 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) of APN 665-030-053 Located at 65145 Two Bunch Palms Trail (Armando Rodriguez)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 201

 

Recommendation:

1)    Staff Report;

2)    Entertain questions of Staff from the City Council;

3)    Open the Public Hearing;

4)    Take testimony;

5)    Close the 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.        12).

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. 12).

 

8.

Annexation No. 13 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN 665-080-013 located East of Little Morongo Road, South of 14th Avenue, and West of Palm Drive (MERJ, LLC)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 241

 

Recommendation:

1)    Staff Report;

2)    Entertain questions of Staff from the City Council;

3)    Open the Public Hearing;

 

4)    Take testimony;

5)    Close the 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.        13).

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. 13).

 

9.

Annexation No. 14 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN 641-101-005 Located at 12106 Palm Drive and APN 641-101-006 Located East of Palm Drive, North of Acoma Avenue and South of Pierson Boulevard (La Plaza Center, LLC)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 281

 

Recommendation:

1)    Staff Report;

2)    Entertain questions of Staff from the City Council;

3)    Open the Public Hearing;

4)    Take testimony;

5)    Close the 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.        14)

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. 14).

 

 

ADMINISTRATIVE CALENDAR:

 

10.

Options for Homelessness Efforts

 

City Council

Packet Page 321

 

Recommendation:

Consider options and possible action.

 

11.

Operating and Nonexclusive License Agreement Between Cabot's Pueblo Museum Foundation and the City of Desert Hot Springs

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 373

 

Recommendation:

Authorize the City Manager to execute an Operating and Nonexclusive License Agreement between the Cabot’s Pueblo Museum Foundation and the City of Desert Hot

 

Springs for marketing, operations, insurance, and utilities from July 1, 2017 to June 30, 2018 with automatic renewal every fiscal year.

 

12.

Independent Findings and Analysis Provided by the City's Independent Financial Advisor, Urban Futures, Inc., Identifying Potential Budget Reduction Impacts from the Loss of Funding Provided by Measure A (2009 Utility Users Tax) and Measure G (2010 Public Safety Parcel Tax) Should the Tax Measures Sunset

 

Urban Futures CEO, Michael Busch

Packet Page 389

 

Recommendation:

Receive and file the independent findings and analysis provided by the City’s independent financial advisor, Urban Futures Inc., identifying potential budget reduction impacts that could arise from the loss of revenue provided by Measure A (2009 Utility Users Tax) and Measure G (2010 Public Safety Parcel Tax) should the tax measures sunset.

 

13.

Amendment to the Professional Services Agreement with Urban Futures, Incorporated, for Fiscal Budgeting, Cash Flow Analysis and Projections, Cost Recovery and Cost Allocation Methodology

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 393

 

Recommendation:

Authorize the City Manager to execute an Amendment to the Professional Services Agreement with Urban Futures, Incorporated, in the amount of $150,000.00 from July 1, 2017 through June 30, 2020 and to execute all necessary agreements with approval as to form by the City Attorney.

 

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.

 

14.

Resolution of Intention to Annex One Parcel (Annexation No. 16) Located Northeast of Interstate 10 and West of Palm Drive (APN 660-160-010) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 425

 

Recommendation:

Adopt a Resolution of Intention to annex one parcel to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

15.

Resolution of Intention to Annex One Parcel (Annexation No. 17) Located at 65118 San Jacinto Lane (APN 665-030-017) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 461

 

Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intention to annex territory to

 

Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 17), and to authorize the levy of special taxes therein.

 

16.

Resolution of Intention to Annex One Parcel (Annexation No. 18) Located at 65265 San Jacinto Lane (APN 665-030-049) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 497

 

Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intention to annex territory to Community Facilities District No. 2010-1 (Services, of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 18), and to authorize the levy of special taxes therein.

 

17.

Resolution of Intention to Annex One Parcel (Annexation No. 19)  Located South of Pioneer Boulevard, West of Palm Drive, North of 14th Avenue, and East of Little Morongo Road (APN 663-270-004) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 535

 

Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intention to annex territory to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 19), and to authorize the levy of special taxes therein.

 

18.

Resolution of Intention to Annex Two Parcels (Annexation No. 20) Located at 65242 and 65282 San Jacinto Lane (APNs 665-030-021 and 665-030-022) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 551

 

Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intention to annex territory to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area proposed to be annexed (Annexation No. 20), and to authorize the levy of special taxes therein.

 

19.

Resolution of Intention to Annex One Parcel (Annexation No. 21) Located at the Northwest Corner of Palm Drive and Hacienda Avenue (APN 641-092-049) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)

 

Administrative Services Director, Joseph M. Tanner, Jr.          

Packet Page 589

 

Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intention to annex territory to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, adopting a map of the area

 

proposed to be annexed (Annexation No. 21), and to authorize the levy of special taxes therein.

 

20.

Resolution of Intention to Create a Special Tax Area Zone 24 for Property, APN 663-270-004 Located North of 14th Avenue and East of Little Morongo Road, to the Desert Hot Springs Special Public Safety Tax Area

 

Administrative Services Director, Joseph M. Tanner, Jr.          

Packet Page 627

 

Recommendation:

Adopt a Resolution of Intention which establishes the time and place of the Public Hearing (July 5, 2017) to establish Zone 24 within the Special Public Safety Tax Area for Police and Fire Protection Services, and authorizing an election.

 

21.

Resolution of Intention to Create a Special Tax Area Zone 25 for Property Located at 65242 and 65282 San Jacinto Lane (APNs 665-030-021 and 665-030-022) to the Desert Hot Springs Special Public Safety Tax Area

 

Administrative Services Director, Joseph M. Tanner, Jr.          

Packet Page 643

 

Recommendation:

Adopt a Resolution of Intention which establishes the time and place of the Public Hearing (July 5, 2017) to establish Zone 25 within the Special Public Safety Tax Area for Police and Fire Protection Services, and authorizing an election.

 

22.

Resolution of Intention to Create a Special Tax Area Zone 26 for Property, APN 641-092-049 Located in the Northwest Corner of Palm Drive and Hacienda Avenue, to the Desert Hot Springs Special Public Safety Tax Area

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 661

 

Recommendation:

Adopt a Resolution of Intention which establishes the time and place of the Public Hearing (July 5, 2017) to establish Zone 26 within the Special Public Safety Tax Area for Police and Fire Protection Services, and authorizing an election

 

23.

Fiscal Year 2017-2018 Appropriations (Gann) Limit

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 675

 

Recommendation:

Approve by Minute Order the Fiscal Year 2017-2018 Appropriations Limit as required by Article XIIIB of the California State Constitution.

 

24.

Delegation of Investment Authority to the City Treasurer

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 681

 

Recommendation:

Adopt a Resolution of the City Council approving delegation of investment authority and other related duties to the City Treasurer, as authorized by the City’s Investment Policy, and approve and adopt the attached Investment Policy for Fiscal Year 2017-2018.

 

25.

Payment Register and City Council Expenditures Report for the Month of April 2017

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 691

 

Recommendation:

Receive and file.

 

 

26.

Treasurer's Report as of April 30, 2017

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 717

 

Recommendation:

Receive and file.

 

27.

Contracts Management Report as of June 20, 2017

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 723

 

Recommendation:

Receive and file.

 

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.

                             

July 5

City Council Regular Meeting

6:00 p.m.

July 11

Planning Commission

6:00 p.m.

July 12

RDA Oversight Board Meeting

8.00 a.m.

July 12

CCAC

6:00 p.m.

July 13

Public Safety Commission

6:00 p.m.

July 18

City Council Regular Meeting

DARK

 

 

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.