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

 

November 21, 2017

 

3:30 P.M. – STUDY SESSION

CLOSED SESSION

(Immediately Following the 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 - 3:30 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

STUDY SESSION:

 

1.

Cannabis Microbusinesses

 

Deputy City Manager, Luke Rainey

 

 

Recommendation:

Discuss and provide direction to Staff.

 

CLOSED SESSION PUBLIC COMMENTS

 

At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.

 

 

CLOSED SESSION

(Immediately Following the Study Session)

 

 

 

CLOSED SESSION

 

2.

CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: (1 case).  The facts and circumstances involve issues pertaining a certain business owner who has threatened litigation against the City, although no formal claim has been filed.

 

PRESENTATIONS - 5:30 P.M.

 

3.

Introduction and Swearing In of New Police Officer

 

Chief of Police, Dale Mondary; and

Deputy City Clerk, Roberta Crncic

 

 

4.

Presentation by the Coachella Valley Volunteers in Medicine, Clinic Services

 

5.

Recognition of Support for Regional Homelessness Efforts Presented by the Desert Healthcare District and Coachella Valley Association of Governments (CVAG)

 

RECESS

 

 

REGULAR SESSION – 6:00 P.M.

 

CALL TO ORDER

 

ROLL CALL

 

INVOCATION

 

PLEDGE OF ALLEGIANCE

 

CITY ATTORNEY REPORT ON CLOSED SESSION

 

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:

 

6.

An Appeal of the Planning Commission's Decision to Deny the Extension of Time for Tentative Tract Map No. 33746 (Case Number AP 01-17)

 

Community Development Director, Daniel Porras, P.E.

Packet Page 11

 

Recommendation:

1)    Receive Staff Report;

2)    Questions of Staff from City Council;

3)    Open the Public Hearing;

4)    Take Testimony from Applicant;

5)    Take Testimony from those supporting the project;

6)    Take Testimony from those opposing the project;

7)    Take testimony from anyone else;

8)    Rebuttal of Applicant;

9)    Close the Public Hearing;

10) Conduct City Council discussion and questions to staff;        and

11) City Council action to either:

A.  Uphold the Planning Commission’s decision to deny First Extension of Time for Tentative Tract Map 33746 - for the Silver Oaks Sunset Ridge Residential Development located on approximately 165.7 gross acres at the southeast corner of Mission Lakes Boulevard and Karen Avenue (Assessor Parcel No. 664-020-001) and Adopt the Resolution upholding the decision and denying the project with the appropriate findings contained in the Resolution, which such findings can be amended as the City Council deems fit; OR

 

B. Overturn the Planning Commission’s decision to deny the project and Adopt the Resolution denying the decision and approving the project with the appropriate findings contained in the Resolution, which findings can be amended as the City Council deems fit.

 

7.

Annexation No. 24 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APN 665-030-060 Located at 14250 Little Morongo Road (DHS Manna, LLC)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 137

 

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.        24)

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. 24).

 

8.

Annexation No. 27 to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) for APNs 666-340-004 and 666-340-006 Located South of 18th Avenue and East of Indian Canyon Drive (Coachillin Holdings, LLC.)

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 177

 

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.        27)

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. 27)

 

9.

Creating Special Tax Area 28 (DHS Facilities LLC) for APN 663-280-025 located on the Northeast Corner of 14th Ave. and Little Morongo Rd., within the Desert Springs Special Public Safety Tax Area

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 217

 

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 28 (DHS Facilities LLC)

 

10.

Creating Special Tax Area 29 (DHS Manna LLC) for APN 665-030-060 Located at 14250 Little Morongo Road, Within the Desert Springs Special Public Safety Tax Area

 

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 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 29 (DHS Manna LLC).

 

11.

Creating Special Tax Area 32 (Coachillin Holdings LLC) for APNs 666-340-004 and 666-340-006 located south of 18th Ave. and east of Indian Canyon Rd., within the Desert Springs Special Public Safety Tax Area

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 265

 

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 32 (Coachillin Holdings LLC.)

 

 

 

 

 

 

ADMINISTRATIVE CALENDAR:

 

12.

Joint Powers Agreement to Implement a Community Choice Aggregation Program

 

Deputy City Manager, Luke Rainey

Packet Page 289

 

Recommendation:

Introduce for First Reading and read by title only, "An Ordinance of the City Council of the City of Desert Hot Springs authorizing implementation of a Community Choice Aggregation program and approving the Desert Community Energy Joint Powers Agreement."

 

13.

An Ordinance and URGENCY Ordinance Amending Chapter 5.50 "Medical Marijuana Facilities Regulatory Permit" of Title 5 "Business Licenses and Regulations" of the Desert Hot Springs Municipal Code

 

City Manager, Charles L. Maynard

Packet Page 329

 

Recommendation:

1)  Introduce for First Reading and read by title only, “An      Ordinance of the City Council of the City of Desert Hot      Springs, California, Amending Chapter 5.50 “Medical      Marijuana Facilities Regulatory Permit” of Title 5      “Business Licenses and Regulations” of the Desert Hot      Springs Municipal Code;” AND

2)  Adopt and read by title only, “An URGENCY Ordinance of      the City Council of the City Of Desert Hot Springs,      California, Amending Chapter 5.50 “Medical Marijuana      Facilities Regulatory Permit” of Title 5 “Business Licenses      And Regulations” of the Desert Hot Springs Municipal      Code.”

 

14.

Desert View Sidewalk Project - Riverside County Transportation Commission (RCTC) Agreement for Funding Under Senate Bill (SB) 821 Bicycle Pedestrian Facilities Program

 

Community Development Director, Daniel Porras, P.E.

Packet Page 355

 

Recommendation:

Authorize the City Manager to execute a funding agreement between Riverside County Transportation Commission (RCTC) and the City of Desert Hot Springs, to receive SB 821 funding totaling $293,000 for the Desert View Sidewalk Project.

 

15.

Award of Professional Services Agreement for the Systematic Safety Analysis Report Project

 

Community Development Director, Daniel Porras, P.E.

Packet Page 377

 

Recommendation:

Authorize the City Manager to execute the Professional Services Agreement for the Systematic Safety Analysis Report Project with KOA Corporation in the amount not to exceed $83,920.00; with approval as to form by the City Attorney.

 

 

 

 

16.

Ordinance Amending Title 4 "Code Enforcement" of the Desert Hot Springs Municipal Code to Clarify the Procedures for the Selection of Administrative Hearing Officers

 

Community Development Director, Daniel Porras, P.E.

Packet Page 425

 

Recommendation:

Introduce for First Reading and read by title only, “An Ordinance of the City Council of the City of Desert Hot Springs, California, 1) Amending Section 4.16.110 (“Procedures for Appeal of Public Nuisance and Order to Abate”); and 2) Amending Section 4.16.140 (“Abatement Cost Appeals Procedure”) of Chapter 4.16 (“Public Nuisances”) of Title 4 (“Code Enforcement”) of the Desert Hot Springs Municipal Code (“DHSMC”) to clarify the procedures for selection of Hearing Officers.”

 

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.

 

17.

City Council Regular Meeting Minutes: November 7, 2017

 

City Clerk, Jerryl Soriano, CMC

Packet Page 441

 

Recommendation:

Approve Minutes as presented; or as corrected.

 

18.

Second Reading and Adoption of an Ordinance Amending Section 10.16.050 "Use of City Streets for Storage of Vehicle Prohibited" of Chapter 10.16 "Stopping, Standing and Parking" of the Desert Hot Springs Municipal Code

 

City Clerk, Jerryl Soriano, CMC

Packet Page 451

 

Recommendation:

Approve Second Reading, read by title and adopt, "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.

 

19.

Second Reading and Adoption of an Ordinance Adding Chapter 17.190 "Desert Harvest Specific Plan" to Title 17 "Zoning" of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Desert Harvest Specific Plan Area

 

Community Development Director, Daniel Porras, P.E.

Packet Page 459

 

Recommendation:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs Adding Chapter 17.190 “Desert Harvest Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Desert Harvest Specific Plan Area.”

 

 

20.

Second Reading and Adoption of an Ordinance Adding Chapter 17.200 "Coachillin' Specific Plan" to Title 17 "Zoning" of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Coachillin Specific Plan Area

 

Community Development Director, Daniel Porras, P.E.

Packet Page 477

 

Recommendation:

Approve Second Reading, read by title only and adopt, "An Ordinance of the City Council Adding Chapter 17.200 “Coachillin’ Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to establish zoning standards for the Coachillin Specific Plan area." The 153.71-acre project site (APN 666-340-004, -006) is located on the east side of Indian Canyon Drive between 18th and 19th Avenues.

 

21.

Treasurer's Report as of September 30, 2017

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 501

 

Recommendation:

Receive and file.

 

22.

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

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 509

 

Recommendation:

Receive and file.

 

23.

Contracts Management Report as of November 21, 2017

 

Administrative Services Director, Joseph M. Tanner, Jr.

Packet Page 535

 

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.

                             

November 28

Economic Development Committee

6:00 p.m.

December 5

City Council Regular Meeting

6:00 p.m.

December 12

Planning Commission

6:00 p.m.

December 13

RDA Oversight Board Meeting

8.00 a.m.

December 13

CCAC

6:00 p.m.

December 14

Public Safety Commission

6:00 p.m.

December 19

City Council Regular Meeting

DARK

January 2

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.