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

 

 

 


CALL TO ORDER

 

Mayor Pro Tem Parks called the meeting to order at 4:31 P.M.

 

 

ROLL CALL

 

                                  Present:

Council Members:   Russell Betts, Joe McKee, Anayeli Zavala

Mayor Pro Tem:       Yvonne Parks

 

                                  Absent:

Mayor:                       Scott Matas

 

 

PUBLIC COMMENTS

 

There were no Closed Session public comments.

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

 

 

 

 

 

 

CLOSED SESSION - 4:30 P.M.

 

CLOSED SESSION

 

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

 

JOINT SPECIAL MEETING OF THE CITY COUNCIL

AND PLANNING COMMISSION - 5:00 P.M.

 

RECESS

 

REGULAR SESSION - 6:00 P.M.

 

CALL TO ORDER

 

Mayor Pro Tem Parks called the Regular Session to order at 6:54 P.M.

 

 

ROLL CALL

 

                                  Present:

Council Members:   Russell Betts, Joe McKee, Anayeli Zavala

Mayor Pro Tem:       Yvonne Parks

 

                                  Absent:

Mayor:                       Scott Matas

 

 

INVOCATION

 

Council Member McKee gave the Invocation.

 

 

PLEDGE OF ALLEGIANCE

 

Desert Hot Springs Scouts, Troop 1606, presented the colors and led the Pledge of Allegiance.

 

 

CITY ATTORNEY REPORT ON CLOSED SESSION

 

Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

 

 

APPROVAL OF THE AGENDA

 

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               

 

PUBLIC COMMENTS

 

Michael Picardi gave various updates and announcements.

 

Deborah Sunis expressed concerns regarding bus shelter placement for disabled people.

 

 

CITY MANAGER REPORT

 

Charles Maynard, City Manager, commended the Community Development Department.

 

 

MAYOR AND COUNCIL MEMBER REPORTS

 

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.

 

 

PUBLIC HEARINGS:

 

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

 

Community Development Director, Daniel Porras, P.E.

 

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.

Paul DePalatis, MSA Consulting, representing the Applicant, addressed the City Council.

 

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

 

Administrative Services Director, Joseph M. Tanner, Jr.

 

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.

Mayor Pro Tem Parks opened the Public Hearing.

Sandra Silva-Tello addressed the City Council.

 

Nadia Benali, Webb Associates, responded to questions.

Mayor Pro Tem Parks closed the Public Hearing.

 

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

 

Administrative Services Director, Joseph M. Tanner, Jr.

 

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.

Mayor Pro Tem Parks opened the Public Hearing.

There was no testimony.

Mayor Pro Tem Parks closed the Public Hearing.

 

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

 

Administrative Services Director, Joseph M. Tanner, Jr.

 

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.

Mayor Pro Tem Parks opened the Public Hearing.

There was no testimony.

Mayor Pro Tem Parks closed the Public Hearing.

Jerryl Soriano, City Clerk, canvassed the Election and advised that the property owner voted "no." As a result, there was no action taken.

 

 

 

 

 

 

 

ADMINISTRATIVE CALENDAR:

 

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)

 

Administrative Services Director, Joseph M. Tanner, Jr.

 

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

 

Administrative Services Director, Joseph M. Tanner, Jr.

 

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

 

Administrative Services Director, Joseph M. Tanner, Jr.

 

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

 

Community Development Director, Daniel Porras, P.E.

 

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

 

Chief of Police, Dale R. Mondary

 

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

 

Chief of Police, Dale R. Mondary

 

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               

 

 

CONSENT CALENDAR:

 

12.

Second Reading and Adoption of an Ordinance Amending Chapter 17.180 to Include Recreational/Adult Use

 

City Attorney, Jennifer A. Mizrahi

 

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).

 

FUTURE AGENDA ITEMS

 

None.

 

 

PUBLIC COMMENTS

 

None.

 

 

 

ADJOURN

 

Mayor Pro Tem Parks adjourned the meeting at 9:05 P.M.

 

 

 

 

 

 

            ______________________________

            Jerryl Soriano, CMC, City Clerk