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
November 7, 2017
4:30 P.M. – CLOSED SESSION
5:00 P.M. – JOINT SPECIAL MEETING OF THE CITY COUNCIL
AND PLANNING COMMISSION
6:00 P.M. – REGULAR SESSION
CITY COUNCIL CHAMBERS
Carl May Community Center
11711 West Drive, Desert Hot Springs, California
Mayor Pro Tem Parks called the meeting to order at 4:31 P.M. |
Present: Council Members: Russell Betts, Joe McKee, Anayeli Zavala Mayor Pro Tem: Yvonne Parks
Absent: Mayor: Scott Matas |
There were no Closed
Session public comments. |
1. |
CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8: Property: 66036 Pierson Boulevard (APNs: 639-232-026, 027, and 028) Agency Negotiator: Charles L. Maynard, City Manager / Executive Director Jennifer Mizrahi, City Attorney / General Counsel Joseph M. Tanner, Administrative Services Director Negotiating Parties: 1) Dr. Arshad Abid 2) Chaudhry Sharjeel Masood Under Negotiation: Price and Terms |
Mayor Pro Tem Parks called the Regular Session to order at 6:54 P.M. |
Present: Council Members: Russell Betts, Joe McKee, Anayeli Zavala Mayor Pro Tem: Yvonne Parks
Absent: Mayor: Scott Matas |
Council Member McKee gave the Invocation. |
Desert Hot Springs Scouts, Troop 1606, presented the colors and led the Pledge of Allegiance. |
Jennifer Mizrahi, City Attorney, advised that there was no reportable action. |
Action: McKee moved to approve the November 7, 2017 Regular Meeting agenda; and approve the Consent Calendar in its entirety, motion seconded by Betts, motion carried 4/0 by the following vote: |
Vote: AYES: 4 - Zavala, Parks, Betts, McKee Passed NOES: 0 - (None) ABSENT: 1 - Matas |
Michael Picardi gave various updates and announcements. |
Deborah Sunis expressed concerns regarding bus shelter placement for disabled people. |
Charles Maynard, City Manager, commended the Community Development Department. |
Council Member Betts reported on the various meetings and events he attended. |
Council Member McKee reported on the various meetings and events he attended. |
Council Member Zavala reported on the various meetings and events she attended. |
Mayor Pro Tem Parks reported on the various meetings and events he attended. |
2. |
Specific Plan 02-17, General Plan Amendment No. 03-17, Zoning Ordinance Amendment No. 02-17, Conditional Use Permit No. 28-17 and Tentative Parcel Map No. 37332 Applicant: Michael J. Avenatti / Desert Harvest |
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Community Development Director, Daniel Porras, P.E. |
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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) Opportunity for Applicant Rebuttal 7) Close the Public Hearing; 8) City Council discussion and questions to Staff; and 9) Certify the Negative Declaration and Mitigation Monitoring Program, adopt the Findings of Fact, and approve: Specific Plan 02-17, General Plan Amendment 03-17, and introduction of Zoning Ordinance Amendment 02-17 to establish development regulations and guidelines for the subject site; Conditional Use Permit No. 28-17 to develop of an indoor marijuana cultivation facility of approximately 1.5 million square feet; and Tentative Parcel Map No. 37332 to divide the properties into three lots, located on 64.9 acres at the northeast corner of the intersection of Interstate 10 and North Indian Canyon Drive, approximately one-half mile east of Indian Canyon Drive, and fronting the north side of 20th Avenue (APN: 666-370- 019) in the I-L (Light Industrial) zone. |
Scott Taschner, Senior Planner, presented the staff report and responded to questions. |
Mayor Pro Tem Parks opened
the Public Hearing. |
Michael Avenatti, Applicant, addressed the City Council and responded to questions. |
Kenny Dickerson spoke in support. |
Faviola Deltoro spoke. |
Paula Turner spoke in support. |
Richard Comley spoke in support. |
Mayor Pro Tem Parks closed the Public Hearing. |
Action: Zavala moved to approve staff recommendation with changes: striking "medicinal;" fire access stipulation; deletion of temporary dispensaries; and adequate parking for sit-down restaurants, motion seconded by Betts, motion carried 4/0 by the following vote: |
Vote: AYES: 4 - Zavala, Parks, Betts, McKee Passed NOES: 0 - (None) ABSENT: 1 - Matas |
3. |
Annexation No. 22 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN 665-030-037 Located Southwest Corner of Cabot Road and San Jacinto Lane |
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Administrative Services Director, Joseph M. Tanner, Jr. |
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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 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. 22) 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. 22) |
Joe Tanner, Administrative
Services Director, presented the staff report. |
Nadia Benali, Webb
Associates, responded to questions. |
Action: McKee moved to adopt Resolution 2017-101 (Calling the Election), motion seconded by Betts, motion carried 4/0 by the following vote: |
Vote: AYES: 4 - Zavala, Parks, Betts, McKee Passed NOES: 0 - (None) ABSENT: 1 - Matas |
Jerryl Soriano, City Clerk, canvassed the Election and advised that the property owner voted "no" on the annexation. |
Greta Carter spoke regarding the VetsLeaf Project. |
4. |
Creating Special Tax Area 22 (Bunch Palms Trail, LLC) for APN 665-030-058 Located on the Southwest Corner of Cabot Road and 14th Avenue, Within the Desert Springs Special Public Safety Tax Area |
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Administrative Services Director, Joseph M. Tanner, Jr. |
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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 of Staff; 7) Hold the election; 8) Canvass the election; and 9) Adopt an Ordinance Establishing a Special Public Safety Tax Area Zone 22 (Bunch Palms Trail, LLC) |
Joe Tanner, Administrative
Services Director, presented the staff report. |
Jerryl Soriano, City Clerk, canvassed the Election and advised that the property owner voted "yes." |
Action: McKee moved to approve staff recommendation and adopt Ordinance No. 634, motion seconded by Zavala, motion carried 4/0 by the following vote: |
Vote: AYES: 4 - Zavala, Parks, Betts, McKee Passed NOES: 0 - (None) ABSENT: 1 - Matas |
5. |
Creating Special Tax Area 27 (Tim Guderian) for APN 665-030-037 Located on the Southwest Corner of Cabot Road and San Jacinto Lane, Within the Desert Springs Special Public Safety Tax Area |
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Administrative Services Director, Joseph M. Tanner, Jr. |
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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 of Staff; 7) Hold the election; 8) Canvass the election; and 9) Adopt an Ordinance Establishing a Special Public Safety Tax Area Zone 27 (Tim Guderian) |
Joe Tanner, Administrative
Services Director, presented the staff report. |
6. |
Resolution of Intention to Annex Two Parcels (Annexation No. 27) Located East of Indian Canyon Drive, South of 18th Avenue and North of 19th Avenue (APNs 666-340-004 and 666-640-006) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) |
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Administrative Services Director, Joseph M. Tanner, Jr. |
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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. 27), and to authorize the levy of special taxes therein. |
Joe Tanner, Administrative Services Director, presented the staff report. |
Action: Zavala moved to approve staff recommendation and adopt Resolution No. 2017-103, motion seconded by McKee, motion carried 4/0 by the following vote: |
Vote: AYES: 4 - Zavala, Parks, Betts, McKee Passed NOES: 0 - (None) ABSENT: 1 - Matas |
7. |
Resolution of Intention to Create a Special Tax Area Zone 32 for Property, APNs 666-340-004 and 666-340-006 Located South of 18th Avenue and East of Indian Canyon Road to the Desert Hot Springs Special Public Safety Tax Area |
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Administrative Services Director, Joseph M. Tanner, Jr. |
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Recommendation: |
Adopt a Resolution of Intention which establishes the time and place of the Public Hearing to establish Zone 32 within the Special Public Safety Tax Area for Police and Fire Protection Services, and authorizing an election. |
Joe Tanner, Administrative Services Director, presented the staff report. |
Action: Zavala moved to approve staff recommendation and adopt Resolution No. 2017-104, motion seconded by McKee, motion carried 3/1 by the following vote: |
Vote: AYES: 3 - Zavala, Parks, McKee Passed NOES: 1 - Betts ABSENT: 1 - Matas |
8. |
(Successor Agency) Resolution Approving an Extension of Exclusive Listing Agreement Between NAI Capital and the Desert Hot Springs Successor Agency to List and Sell Certain Real Property Assets of the Successor Agency |
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Administrative Services Director, Joseph M. Tanner, Jr. |
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Recommendation: |
Adopt a Resolution of the Successor Agency to the Redevelopment Agency of the City of Desert Hot Springs approving an extension of exclusive listing agreement between NAI Capital and the Successor Agency to list and sell certain real property assets of the Successor Agency and approve certain related actions. |
Council Member Betts recused out of abundance of caution of a potential conflict of interest. |
Joe Tanner, Administrative Services Director, presented the staff report. |
Action: McKee moved to approve staff recommendation and adopt Resolution No. SA-2017-013, motion seconded by Zavala, motion carried 3/0 by the following vote: |
Vote: AYES: 3 - Zavala, Parks, McKee Passed NOES: 0 - (None) ABSENT: 1 - Matas RECUSED: 1 - Betts |
9. |
2017 Bicycle Pedestrian Safety Program - Palm Drive Signals and Lighting Project |
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Community Development Director, Daniel Porras, P.E. |
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Recommendation: |
Authorize the City Manager to execute a Reimbursement Agreement between the City of Desert Hot Springs and the Coachella Valley Association of Governments (CVAG) for the 2017 Bicycle Pedestrian Safety Program – Palm Drive Signals and Lighting Project. |
Council Member Betts recused due to a potential conflict of interest. |
Daniel Porras, Community Development Director, presented the staff report and responded to questions. |
Faviola Deltoro, asked if a traffic light would be installed on Park Lane. |
Action: McKee moved to approve staff recommendation, motion seconded by Zavala, motion carried 3/0 by the following vote: |
Vote: AYES: 3 - Zavala, Parks, McKee Passed NOES: 0 - (None) ABSENT: 1 - Matas |
10. |
Ordinance Amending Section 10.16.050 "Use of Streets for Storage of Vehicle Prohibited" of Chapter 10.16 "Stopping, Standing and Parking" of the Desert Hot Springs Municipal Code |
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Chief of Police, Dale R. Mondary |
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Recommendation: |
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 10.16.050 (“Use Of Streets for Storage of Vehicle Prohibited”) of Chapter 10.16 (“Stopping, Standing And Parking”) of Title 10 (“Vehicles And Traffic”) of the Desert Hot Springs Municipal Code” (“DHSMC”). |
Jennifer Mizrahi, City Attorney, presented the staff report. |
Action: McKee moved to approve staff recommendation, motion seconded by Zavala, motion carried 4/0 by the following vote: |
Vote: AYES: 4 - Zavala, Parks, Betts, McKee Passed NOES: 0 - (None) ABSENT: 1 - Matas |
11. |
School Resource Officer Agreement with Palm Springs Unified School District |
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Chief of Police, Dale R. Mondary |
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Recommendation: |
Authorize the City Manager to execute a Law Enforcement Services Agreement with Palm Springs Unified School District for School Resource Officer Services. |
Dale Mondary, Chief of Police, presented the staff report. |
Action: McKee moved to approve staff recommendation, motion seconded by Zavala, motion carried 4/0 by the following vote: |
Vote: AYES: 4 - Zavala, Parks, Betts, McKee Passed NOES: 0 - (None) ABSENT: 1 - Matas |
12. |
Second Reading and Adoption of an Ordinance Amending Chapter 17.180 to Include Recreational/Adult Use |
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City Attorney, Jennifer A. Mizrahi |
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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 amending Chapter 17.180 of the Desert Hot Springs Municipal Code to include recreational (Adult Use). |
None. |
None. |
Mayor Pro Tem Parks adjourned the meeting at 9:05 P.M. |
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Jerryl Soriano, CMC, City Clerk