July 27, 2018
DHS City Council - June 19, 2018
End Of RDA Oversight Board to the Successor Agency
The DHS "RDA Oversight Board to the Successor Agency" has reached the end of its duties. Its responsibilities are passing on to a county-level board. Mayor Matas presented certificates of recognition to the members of the Oversight Board.
Planning Commissioner Gary Gardner came to the podium to give the Planning Commission update.
Nina Duarte thanked all the volunteers for the Emergency Preparedness Seminar.
Linda Barrack, President and CEO of Martha's Kitchen in Indio, spoke about homelessness. During the first five months of this year, Martha's Kitchen housed 57 people from Desert Hot Springs.
Mike Picardi reported on the first "Jammin' In the Desert." He then spoke against the federal government's policy of separating children from refugee parents at the border. He asked the city council to approve a referendum condemning this practice.
Bruce Hutchison complimented Doria Wilms, Assistant to the City Manager. He said if it weren't for her, he would not have stayed in DHS.
James Velasquez said he has seen some DHS dispensaries are not in compliance with rules that will be enforced on July 1.
Mark [no last name given] talked about cannabis tourism in Colorado.
66071 and 66079 Pierson Boulevard
These two adjacent parcels have been property of the late RDA. They are being sold for $98,010 to Richard Feenstra. Both of these parcels are vacant. One extends from Pierson to Acoma.
The RDA originally paid $315,950 for these parcels.
66146 Pierson Boulevard
This is another RDA parcel which is also being sold to Richard Feenstra. This one is going for $22,542.
APNs 641-191-008 and 641-191-009
These are two adjacent vacant lots on the north side of Ironwood; one on West, the other on Santa Ysabel. They are being sold by the Housing Authority (not the RDA) to Richard Johnson for $12,500 each ($25,000 total). These were acquired with low or moderate income housing funds, which is how they ended up in the hands of the Housing Authority rather than the RDA. The proceeds of the sale return to our Housing Authority rather than being turned over to the county for redistribution, as in an RDA sale.
A realtor who did not state his name said that NAI (the real estate agency handling these sales for the city) had not returned calls his agency had made to them and he thought he "might" have people who would make an offer higher than $12,500.
The properties were listed on MLS. Any real estate agent could have found them easily. They were listed for 20 months. Several offers were received that were lower than $12,500. An offer was received on the day of this city council meeting for $10,000 per parcel.
Approved 4-1 with Mr. McKee voting against. Mr. McKee did not speak during these items and did not explain his vote.
Besides these two parcels, the Housing Authority is retaining 13 other parcels where affordable housing might actually be built someday.
Contract For City-wide Janitorial Services
There were bids from three firms: Santa Fe Building Maintenance ($105,367.24), Merchants Building Maintenance ($81,032.68) and R&R Janitorial Services ($284,520.00). Staff recommended Santa Fe, who had a contract with the city some years ago. Staff said references for Merchant Building Maintenance came back negative.
Mr. Betts moved to deny and to put this out for bid again for at least 30 days with bids solicited from every janitorial service the city has ever had any dealings with. This was seconded by Mr. McKee.
Danny Porras said staff had contacted every city in the valley to find out who they contract with. Bid requests were sent to every firm named.
The motion to deny was approved 3-2 with Mayor Matas and Mayor Pro Tem Zavala voting against.
Furbee Pool Maintenance Contract
The city got two bids for this: 1 Stop Pool Pros for $128,070 and Ocean Springs Tech for $139,104. 1 Stop Pool Pros has been the current contractor and city staff recommended awarding the contract to them again.
Mr. Betts moved to award to Ocean Springs Tech, a DHS firm, and to lower the contingency amount from $25,000 to $10,000. Mr. Porras explained the contingency fund is to pay for broken equipment, and some of the equipment at the Furbee Center is very expensive.
Approved 4-0 with Ms. Pye voting against.
General Municipal Election November 6, 2018
The deposit for candidate statements will be $400. The nominating period is July 16 through August 9. The filing fee is $25. The cost to the city for the election is estimated at $30,000 to $45,000. Approved 5-0. Mail-in ballots will be sent out about October 8.
Rotating Mayor Selection
A resolution to be submitted to the voters which would change the city's mayorship to a position that rotates among members of the council in order by longevity for a one-year term each. Not coincidentally, this measure was proposed by Russell Betts who has run for mayor and lost, but who has the greatest longevity on the council and would (if this were to be approved as proposed) be the first to serve as rotating mayor.
Mr. Betts cited Rancho Mirage as an example of a city with orderly leadership. This is not the first time Mr. Betts has held up Rancho Mirage (or Palm Desert) as an example of what we should be like, ignoring the fact that none of us here in DHS have chosen to live in RM or PD. IOW, why would we want to be like Rancho Mirage, which recently has taken on our former role as disruptive asshole city of the valley?
The proposed resolution would not take effect until November 2020 to determine who becomes the new mayor in December.
Mr. McKee, who co-sponsored this proposal, cited the current matter that a sitting council member can run for mayor from a "safe seat," so that if they lose they will still remain on the council. Rather than filling the position in order by longevity, Mr. McKee proposed that the order of rotation be determined by ordinance because "it will give us the ability to look at something and make sure that if it's not working well, we can change it without going to another election."
Now there's a variation on this proposal that am sure will never fly. In effect, the mayor will not be selected by an objective, pre-determined method (rotation by longevity, for example) but by whatever method three members of the city council prefer. And they could change that preference with every election, if the voters let them.
He went on to say that the council is getting along well with Mayor Matas in his seat, but he called this situation "an outlier," a polite way of saying "unheard of in DHS history." He's certainly right about that. He described the current role of mayor to have a lot of responsibility and very little power, which Mayor Matas immediately agreed with.
Donna Poyuzina expressed her opposition to the proposal, saying "We are not Rancho Mirage." She wants to vote directly for mayor...and it sounds like she'd be happy to re-elect Mr. Matas several times.
Gary Gardner opposes this because the Mayor's position should be filled only by someone who wants to be Mayor. (Mr. McKee had pointed out that taking the job is voluntary, any member of the council can excuse himself or herself from being Mayor).
Michael Picardi said that, in effect, our city council members represent different parts of the city. If that's true, I want him to tell me which one represents me. Mr. Picardi favors a 4-year term for mayor.
In response to a question from Mayor Matas, City Clerk Soriano said that each item added to the ballot costs the city $10,000 to $15,000.
Mayor Pro Tem Zavala said she is still undecided on this proposal for a 4-year mayoral term, but she will vote for this so the voters can decide.
Ms. Pye pointed out that the council has not budgeted for these items. She said this is a decision for the voters, not the council. She said there has not been enough time for people to even discuss it with the council.
Mr. McKee disagreed with Ms. Pye, but he said that if the voters don't approve this, he'll be back to say "I told you so."
Mr. Betts said that if Mr. McKee wanted to suggest a basis other than longevity on which to selecting the rotating mayor, he would be open to that.
Mayor Matas said that if this rotating mayor proposal is put on the ballot, then the voters should also be given the choice of a directly elected 4-year term mayor.
Ms. Zavala said she didn't know which proposal she would prefer personally, and as far as a rotating mayor goes she didn't know what method she preferred for choosing the mayor, but she is okay with submitting it to the voters.
Ms. Pye said the public has not had enough time to figure this out.
Mr. McKee made a motion. "The first part of the motion is that the mayor's term...the mayor's or fifth person that's left on the council will be four years; and that the people, as a second item, will vote on having a rotating mayor with a methodology being formatted by ordinance at a later date...beginning in 2020." Upon questioning by Mayor Matas Mr. McKee clarified that he meant there would be no 2-year term for mayor. He also clarified that "no matter what" the term of mayor will be four years.
Ms. Zavala asked "That first component, is it basically putting in another measure saying 'Would you like a 4-year mayor.'" Mr. McKee clarified that yes, that is what he meant.
Mr. Betts pointed out that the motion would have to come back to the council in written form in time for them to vote on it before the deadline to add items to the ballot.
Attorney Mizrahi clarified that Mr. McKee meant for the 4-year term mayor to be directly elected and that he meant a rotating mayor would serve for only one year at a time.
Mr. McKee now rephrased his proposal, first, whether we should have a rotating mayor and all council seats be for four years, and, second, if not, should the mayor's term be four years. Ms. Zavala and Mr. Betts both said this would require two separate ballot measures, with one able to supercede another. Attorney Mizrahi said she would have to research that.
[There have been several times we've had conflicting statewide items on the ballot that included language saying that if the other measure got more votes, then it would win, and vice versa.]
There was a discussion among council members (Mr. McKee's motion still had not received a second) about how many people would need to vote for a provision for it to be approved. Mr. McKee said that "if you vote to get rid of the mayor, then the other thing becomes void."
Since no one had made any proposal to "get rid of the mayor," it's hard to know what "the other thing" would be. Mr. McKee rephrased it a litte for clarity. "If you voted to get rid of the mayor there's no requirement then to have the mayor with four years."
At this point, let me interrupt to say that I'm disgusted both with how incredibly clumsy Mr. McKee has become with words and that five politicians and a lawyer can't figure out how the vote would work. Let me tell you how it would work. The ballot will have two questions, one for a directly elected 4-year term mayor; the other would rotate the mayorship on an annual basis among the council members. Call them questions 1 and 2.
|Question 1||Question 2||Outcome|
|Scenario 1||>50%||<50%||Question 1 wins|
|Scenario 2||<50%||>50%||Question 2 wins|
|Scenario 3||>50%||>50%||Higher votes for 1 or 2 wins|
|Scenario 4||<50%||<50%||No change, we stay with a 2-year directly elected mayor|
An individual who votes NO on both questions is voting to retain the 2-year term for a directly elected mayor. A person who votes YES on BOTH questions or who does NOT vote on both questions is leaving the decision to the other voters. A YES vote on one question while leaving the other question UNVOTED is a vote in favor of that one question, but it's not as strong as if the voter had also voted NO on the other question.
Mr. Betts proposed approving the rotating mayor proposal now and then considering a separate 4-year term mayor proposal at the next council meeting. Ms. Zavala said she would not be at the next council meeting.
Mr. Betts seconded Mr. McKee's motion. Mr. Betts clarified that the directly elected 4-year mayoral term question would come back at a future meeting.
Ms. Zavala, who clearly needs to study a bit more on California politics, wanted to specify that neither measure would pass if it didn't get more than 50% of the vote. Mr. McKee explained to her that a No vote would be a vote to retain the current system. Ms. Zavala was having none of that. She didn't explicitly say so, but I think she wanted that written into the proposal. [This may go down in future joke books as the first voter referendum in California that included a provision saying that if enough voters didn't approve it, it did not pass.] This was accepted by both Mr. Betts and Mr. McKee, without laughing.
Ms. Pye pointed out how confusing this is for the five council members, saying that if it was delayed a year, people would have more time to discuss it.
City Manager Maynard explained the basic concept of democracy, that if either question got less than 50% it would fail. He said that does not need to be specified in the provision [there goes the joke book opportunity]. Mr. Betts did not understand this. Ms. Zavala was still confused and needed to rehash this.
Mr. McKee understood the matter, but apparently hadn't understood it before. Now he said he was sure the proposal for a directly elected 4-year mayor would get many more votes than the proposal for a rotating mayor, so there's no point in putting the rotating mayor proposal on the ballot.
Why, one must ask, did he cosponsor a measure for a rotating mayor, if he is completely sure that the majority of voters prefer a directly elected mayor?
Mayor Matas thought the voters should still be provided the choice.
Gary Gardner came to the podium to say that the attorney needs to write a new proposal to be brought back to the city council to allow the public to discuss it more fully. [He did not seem to account for the looming deadlines to get items on the ballot.] But then he began a more philosophical point of what should and should not be on the ballot. He cited marriage equality as something that should not be on the ballot. [Quite true, but this is California and putting marriage equality on the ballot was totally legal and I've heard of no viable proposals to limit the power of voter referenda in this state.] He said this change should be initiated by the voters through the initiative process.
I think that may have been a point Ms. Pye was trying to make earlier, although I'm not clear about that. Why this should originate in a petition initiative, neither explained.
Mike Picardi spoke next saying that if the 4-year mayor proposal got a majority then it automatically would override any rotating mayor proposal. He didn't explain why. He did not see these as two competing measures. "One is the extension of the other." [Clearly, he understood these two provisions even less than the four non-Pye members of the council.]
Ted Mayrhofen said he never heard any complaints about the mayor's 2-year term, except from Mayor Weyuker. He said the council was reinventing the wheel and wasting resources on something that is not necessary.
Mr. Betts said that if someone wanted to add a ballot measure through the initiative process they still had time to do so. [Unrealistic nonsense.]
Attorney Mizrahi asked to be allowed to summarize the changes she had heard about this motion to make sure everyone was on the same page.
- Rotating mayor proposal only this night.
- Directly electing a 4-year term mayor will come back on July 3, to include language explaining that if both measures get more than 50%, the higher vote total wins.
- The order of rotation to be adopted by ordinance.
- Beginning 2020.
- Ordinance controlling the order of rotation to be adopted 6 months prior to November 20 [of each election year].
- All seats on the council would be for four years.
Again, Ms. Zavala asked for language to be included stating that if both proposals fail, then the status quo continues.
Approved 4-1, with Ms. Pye voting against.
Palm Springs Airport Commission Nomination
Ms. Parks had been our representative on the airport commission. Ms. Pye had already volunteered, so Mr. Betts nominated her. Approved 5-0.
Second Reading and Adoption of an Ordinance Amending Chapter 17.180 (Medical Marijuana Facilities Operation and Location) of the Zoning Code
This was on the Consent Calendar, but Mr. McKee had pulled it for discussion. The ordinance presented in the agenda included this:
B. There are no changes to the following:
i. Size of structure(s)
ii. Existing or approved grade elevations.
Mr. McKee said the council did not add that. Just before that in the ordinance is this text:
There is a ten (10) percent or less than deviation to each of the following:
i. On-site circulation and parking, loading and landscaping;
ii. Placement and/or height of walls and fences., and structures;
iii. Exterior architectural features, including colors, and/or modification of finished materials that do not alter or compromise the previously approved theme;
iv. The density or intensity of a development project;
Mr. McKee pointed out the difference between 10% of a 50,000 s.f. building and 10% of a 3,000,000 s.f. building. He suggested this be brought back with some provision other than the simple 10%. He suggested 10% up to some limit, 5% up to some higher limit, 2.5% up to yet a higher limit, etc.
Attorney Mizrahi explained that she had merely moved these items in the ordinance. The two items under B had been under A originally, while A originally had said "no changes." Item A was changed to the 10% rule, but the 10% rule wasn't to apply to structure size or grade elevations.
Mr. McKee moved to remove those items under B.
July 14, 2018
DHS Planning Commission, June 12, 2018
Chair and Vice Chair
Jan Pye having moved on to the city council, Commissioner Gary Gardner nominated Larry Buchanan for Chair. Commissioner Scott De La Torre nominated himself for Vice Chair. They were both elected unanimously, 4-0.
CUP Time Extension International Cannabis Group (formerly GFarma Labs)
This is on the east side of currently unpaved Little Morongo, south of Dillon. This development will have five buildings. Approved 4-0.
Amendment To CUP To Permit Distribution At We Care DHS
This cultivation facility is on the south side Two Bunch Palms Trail between Cabot and Little Morongo. Approved 4-0.
Liquor License For Carniceria Rancho Grande
The store already has a license for beer and wine. As ususal, there are too many liquor licenses out there, so the city must make a finding of "public convenience or necessity." The only time I've seen one of these requests voted down was the one that came from the Shell station at I-10 and Indian. I believe the city was worried that people would buy liquor and then immediately drink it on on the freeway.
A representative of Rancho Grande came to the podium. Commissioner De La Torre asked what sort of liquor they would be selling, and would the liquor be in a locked cabinet or not. The answer is it will be a locking cabinet near the cash register.
Mr. De La Torre moved to approve on the condition that they extend the hours of their security guard to cover all hours that the store is open. Commissioner Gardner suggested that in one year the police prepare a status report on crime in the area around the carniceria that may have resulted from the change in license. Approved 4-0.
July 13, 2018
Desert Hot Springs City Council, June 5, 2018
Ted Mayrhofen commented that the odor of cannabis in the industrial zone was noticeable.
James Velasquez of VetsLeaf said his business uses an enzyme system to prevent cannabis odors from entering the environment. He encouraged the city to focus on "infrastructure."
Greta Carter spoke next. She said that for a long time she recommended DHS as the place for cannabis developers to invest, but now there are other cities that are preferable. Some cities have committees to help cannabis businesses with their advertising, and to help them organize as trade organizations.
Ryan Fingerhut said that the hotel industry in the Coachella Valley did $5.5 billion in business in 2017. In 2016, the Coachella Valley hotel industry paid $24 million in TOT. He went on to say that DHS saw 2.6% of that TOT. Some of his numbers have got to be wrong. 2.6% of $24 million is $624,000. But we know from the previous City Council meeting that TOT revenue in DHS was more than $1.9 million this fiscal year. I suspect his total figure for the valley ($24 million) is too low. I learned from the recent Question C campaign in Palm Springs that single-family rentals alone bring in more than $6 million TOT to that city. Take that $6 million plus our own almost $2 million in TOT away from $24 million, and you're left with only $16 million TOT for all the hotels in Palm Springs plus all the hotels and single-family rentals for the rest of the valley (outside of DHS). The number is just too low. But, if we assume that the figure of 2.6% is correct, then the total TOT in the valley would be more than $73 million, which is a reasonable figure in my seat of the pants opinion.
Mr. Fingerhut's point was that DHS needs to develop something to attract more visitors here.
John Sclafani from Desert Land Ventures and chair of the Cannabis Advisory Board for DHS, said he had heard that DHS has authorized 11 million square feet of cultivation. He thinks demand needs to be created for this cannabis. He said we need a tax advantage here in order to make exporting cannabis to other parts of California profitable. Also, we must create reasons for people to visit DHS. He said the "advisory board" is open to everyone in the city, not just industry people. He wants to have a wellness R&D center, for example, that will be open to tourists.
Karl Baker spoke next. He said he has seen many plans in DHS fail due to poor planning. Representatives from the city's spas, the water district, the electric company, and long-time DHS residents need to help plan. We can be the Napa Valley of boutique cannabis, he said. DHS needs to create a brand with a well-coordinated plan.
Simone Sandoval from High Road Consulting group spoke in favor of tasting rooms at cultivation sites. She also spoke of Napa Valley and compared the development of micro brew brands with how cannabis could be developed.
Jocelyn Cane representing CV-Cann said the advisory council is in favor of expanding cannabis business in DHS.
Richard Cromwell (the younger) spoke about cannabis testing. He wants testing labs to be able to operate in commercial zones.
Mayor Matas said he would like to fund a strategic planner who understands the cannabis industry.
Councilmember Betts said DHS has had a plan since day one, despite the comments of some members of the public. He said he would be willing to reduce the current cultivation tax ($25 per square foot for the first 3,000 square feet and then $10 per square foot for the remaining space) to a simple $10/s.f. but he would want that to be a trade for jobs. IOW, local hires.
Councilmember McKee said the state is more screwed up on this subject than DHS is. He thinks testing should be okay in either commercial or industrial zones. He supports legalization of cannabis lounges. The city may need to create a special license for that, something similar to a brewpub. He supports sales in hotels & spas.
Mayor Pro Tem Zavala said the city council has been in a reactive position in relation to the cannabis industry. But she feels a strategic plan needs to be devised. She also does not oppose testing labs locating in the commercial zones. She believes, however, that cannabis lounges would be contrary to our push for pedestrian safety. But she's okay with tasting rooms in the cultivation facilities.
Mr. McKee moved to put together a study group of staff, industry and two council members. City Manager Maynard suggested that he put together a study group of staff and industry and present their findings to the city council. He revised that to call it a "task force" with "experts from the marijuana industry" who would sit down with staff to provide suggestions. Ms. Zavala wanted a moderated study session to make a strategic long-term plan for cannabis in DHS. Mr. McKee said the proposal needed an outside consultant. The final motion was for staff to work with the cannabis industry for input while also getting an expert outside consultant for strategic planning. Approved 5-0.
Farewell to Yvonne Parks
Scott Matas and the rest of the council honored Ms. Parks with a plaque. She moved here in 1994, became active in the Chamber of Commerce and Rotary, and was appointed to the Planning Commission in 1997 where she served for two years. She was reappointed as a Planning Commissioner in 2004 and '05, where she served as Vice Chair. She ran for City Council and won in 2005 — she had run before, but lost. In 2007, she ran for Mayor, won and held that seat until 2013, being re-elected twice. In 2015 she ran for city council again and was elected again as Scott Matas became Mayor, vacating a council seat.
Mike Picardi said the city should look at funding the library. Other cities in the valley fund their county libraries. He also said he agreed with revisions made in the Art in Public Places proposal that would be coming up later on the agenda...but he had to leave the meeting early.
Ted Mayrhofen said the previous mayor Sanchez and current mayor Matas both ignored the Public Safety Commission and started up a Human Rights Committee. He complained that the difference between the two has not been made clear. He claims his own human rights had been violated. He said the Public Safety Commission fell apart years ago and has done nothing. He is a Public Safety Commissioner.
Greta Carter thanks Mayor Matas and Richard Cromwell (the elder) for their support in setting up a cannabis certification program with College Of The Desert. One course will be "compliance," another will be HR, the third will be professional development. They will be offered in DHS. Also, High Road Consulting will be working to get out the vote in the November election. They will be hiring people qualified to take voter registrations.
Judy Shea suggested that COD use $3 million of its bond money to build a computer lab for the new DHS county library.
Replacement for Yvonne Parks
The city council had agreed to consider only candidates who had prior experience as a city council member. Jan Pye was the only person to submit an application. Mr. Betts suggested that city staff should have contacted other potential candidates to let them know of this opportunity. IMO, if a retired city council member didn't know that Ms. Parks was resigning and didn't know that the city council was looking for a replacement, then they would not be somebody I would want on the council. Ms. Zavala moved to approve Jan Pye for the position. Mr. Betts repeated his earlier opinion that someone who would be running for election in November should not be appointed by the city council, and said he would abstain from this vote for that reason. Ms. Zavala's motion was approved 3-0-2 with Mr. Betts and Ms. Parks abstaining. Ms. Pye was immediately sworn in. This is the third time she has been appointed to the city council.
Budget 2018-19 and 2019-20
The primary sources of income for the General Fund are...
- Property Tax $3.2 million
- Cannabis taxes $2.9 million (25% of which is sequestered into an emergency rainy day fund)
- Development fees $2.3 million
- Transient occupancy tax $1.9 million
- Sales tax $1.6 million
Major sources of income to the Public Safety Fund are...
- Public Safety Parcel tax $2.4 million
- Utility Users tax $1.9 million
- Prop 172 Sales tax $132,600
- School Resource Officer reimbursement $121,000
- Supplemental Law Enforcement Grant $100,000
The annual costs paid from the Public Safety Fund are...
- Police $8.1 million
- Animal Control $360,862
- Fire $2 million
Danny Porras, Director of Community Development, described some upcoming city projects.
- A bridge on Dillon Road to cross the Little Morongo wash. $431,000 in FY '19-'20.
- Relocation of bus shelters. $86,400 each in both FY '18-'19 and '19-'20.
- Pothole, street striping, sidewalk repairs. $69,120 in FY '18-'19 and $151,200 in '19-'20.
- Palm Drive bicycle & pedestrian improvement project; new sidewalks, ADA ramps, new street lights, a median, bike lanes, all between Camino Aventura and Two Bunch Palms Trail. $700,000 in '18-'19 and $326,499 in '19-'20.
- Palm Drive from Two Bunch Palms Trail to Pierson Boulevard. New street lights, new traffic lights, signal synchronization. $2.3 million in '18-'19; $1 million in '19-'20.
- Desert View sidewalk project from Verbena to Palm Drive. $509,000 in FY '18-'19.
- Indian Avenue widening project between I-10 and Dillon Road. Palm Springs, Riverside County and CVAG are involved with this one too. Our share, $291,6000 in '19-'20. Mr. McKee asked Mr. Porras to find out about the widening of the Indian Avenue bridge over the railroad, south of I-10.
- Sidewalks on Palm Drive between 8th and 12th Streets. $108,000 in '19-'20.
- Upgrade to Palm Drive at I-10 to include palm trees on both sides of Palm Drive (meaning some will be in Cathedral City), sidewalk on the west side and an improved median. $108,000 in '18-'19.
- Restriping and slurry seal Mission Lakes Boulevard and Two Bunch Palms Trail. $30,000 in '18-'19.
- Replacing overhead street name signs and traffic signal head casings at all 14 intersections with traffic lights. $81,000 in '18-'19.
- New city directional signs. $30,000 in '18-'19.
- Installation of median curbs on Palm Drive. $81,000 in '18-'19. Mr. McKee said that Mr. Betts told him that in China they sometimes put fences in the median to prevent jaywalking. He wondered if it were possible for us to do. Newsflash for Mr. McKee: cities in the U.S. also put fences in the medians to prevent jaywalking. I've seen it often and am of the opinion that it is the only thing that will put a stop to the slaughter of jaywalkers on Palm Drive.
- Citywide asphalt overlay, paving and road reconstruction. $480,000 in '19-'20.
- Upgrading sidewalk lights to LED on Palm Drive and Pierson Boulevard. $25,000 in '18-'19.
- 8th Street storm drain. I'm amazed that this has been delayed this long. I thought everything had been cleared and financing arranged while Rick Daniels was City Manager, but here we are. $1,587,000 in '18-'19 and $1,575,000 in '19-'20. This will run from Mesquite to West. Mr. Porras said it is "in design."
- Design (design mind you, not construction) of open channel for Big and Little Morongo Creeks between Pierson and Dillon. $45,000 in '19-'20 and again in '20-'21. The open channel will be designed to hold water. It can be used for recreation. Actually, I'm not really clear what this is.
- New playground equipment and park improvements in Tedesco and Mission Springs Parks. $43,200 each in the three fiscal years '18-'19, '19-'20 and '20-'21.
- Walking path on Mission Lakes Boulevard at Palm Drive. $212,867 in '18-'19.
- Cabot's Museum administrative offices. $43,299 in '18-'19.
- Design of a new park south of the city corporation yard. $209,110 in '19-'20.
- Completion of the city solar system. Ultimately, these are funds from AQMD, meaning funds from the Sentinel power plant. The solar array is 90% complete now. $496,050 in '18-'19.
- IT infrastructure upgrades. $324,000 in '19-'20. Mostly A/V in the new city hall.
- City Hall construction. $4,745,000. '18-'19, '19-'20.
- The will-it-ever-happen General Plan update. $200,000 in '18-'19 and $150,000 in '19-'20.
Mr. McKee said the marijuana tax set-aside was intended to create a cushion in the event that the city's cannabis revenue suddenly dropped or ended.
Mr. Betts moved to approve the budget as presented with the addition of a $100,000 "place holder" for repairs and upgrades at Wardman Park. The budget surplus, however, is only about $40,0000. Adding a $100,000 item to the budget puts the city in deficit. Mr. Betts argued that all the city needs to do is to reduce the amount of money spent on something else, but he had no suggestion for what should be cut. His motion died for lack of a second. Then Mr. McKee moved to approve the budget as presented. Approved 5-0.
Safety Enhancement Zone
This was proposed to be on Palm Drive between Two Bunch Palms Trail and Camino Aventura. Fines can be doubled for traffic violations in the safety enhancement zone. This item includes two parts: first an ordinance authorizing the city council to establish safety enhancement zones by resolution and, second, the resolution establishing this zone south of Two Bunch Palms Trail.
Mr. McKee noticed that in the paperwork the zone was sometimes described as between Two Bunch and Aventura and sometimes between Pierson and Aventura. Chief Mondary admitted it was his error, that his intention had been to cover the area from Pierson Boulevard to Camino Aventura. Mayor Matas asked if there was a reason not to extend it as far south as Dillon. Mr. Porras responded that it could be extended to Dillon, but they had only studied as far south as Camino Aventura. Mayor Pro Tem Zavala pointed out that the ordinance included more than traffic and pedestrian violations. It includes fireworks, noise, vandalism, littering, public consumption of alcohol, etc.
Ms. Zavala moved for approval with removal of those provisions that are not traffic safety related, and covering the distance from Camino Aventura to Pierson. Mayor Matas wanted the zone extended to Dillon, in order to more fully protect the intersection at Camino Aventura. Ms. Zavala suggested the city should study the stretch from Aventura to Dillon first.
Mayor Matas allowed one public comment after the item closed. A bus driver said she thought the safety zone should start at Dillon Road.
Desert Valley Disposal Assessments
A public hearing to place the annual residential trash bills on the tax rolls. Approved 5-0.
Desert Valley Disposal Delinquent Accounts
This is to place delinquent accounts (not residential) on the tax roll. Approved 5-0.
Streamlining Additional Entitlement Process
This would allow already approved cultivation facilities that are in good standing with the city to add marijuana testing and/or distribution facility to their list of approved activities through administrative action, not city council action.
Mr. McKee expressed his opinion that the standards in the ordinance were not objective, so that any time a developer is excluded from the expedited process, he'll come complaining to the city council.
Mr. Betts moved that the standards in the ordinance be defined as no more than a 10% change, and that a report be made to the city council in 6 months on the results of this ordinance. Approved 5-0.
Amendments to Art In Public Places
The existing ordinance places a cap of $20,000 on the "in-lieu fee." The amendment would remove the cap. Secondly, the amendment would require developers in the industrial zones to ONLY pay in-lieu fees. No longer could they fulfill their AIPP requirement by building art on their property. Thirdly, lighting and landscaping costs would no longer count toward fulfilling the AIPP requirement. Fourthly, it clarified some of the procedures relating to the Cultural and Community Affairs Commission and AIPP.
Daniel Porras summarized the sources of fund in the AIPP to date: $109,662 from commercial development, $80,436 from industrial development, and $90,241 from residential development. Total AIPP revenue from 1/1/2014 to 4/23/2018 has been $280,338.22. He also provided a bit of a pie-in-the-sky estimate for future AIPP revenue IF all 62 cultivator CUPs are fully developed as planned. That would generate $5.2 million in AIPP fees at a rate of 0.75%, the current AIPP rate for industrial development.
No one from the public rose to comment in favor of these amendments. Ryan Fingerhut came to the podium to speak in opposition. He said that these amendments would single out developers in the industrial zone and not let them have a say in the art that is developed at their expense, while commercial and residential developers still get that choice. He pointed out that there are people in the industrial zone all day long, coming and going, eating lunch, entertaining investors, and those people will want to enjoy art as much as anyone else.
A gentleman who didn't identify himself commented that back in January the city council approved a first reading of an ordinance that set the AIPP rate at 0.25%, but there was never a second reading. Now we have this new ordinance. What gives?
Greta Carter cited the tale of the goose that laid the golden eggs.
Mr. Betts asked the city attorney to explain what happened to the earlier ordinance that set the rate at 0.25% and for an explanation of why now other, higher rates are being considered. Ms. Mizrahi explained there was no second reading and no requirement for a second reading...but the ordinance would not become law without approval at a second reading.
Mr. McKee said he supported the 0.25% rate, but only if industrial developers were required to pay the in-lieu fee. He revealed that an item for future city council consideration would be a policy that would allow the tax rate on cultivation to be cut in half in order to help with infrastructure development. City Manager Maynard said not all members of the city council had seen this proposal. Mr. McKee then criticized the art project at VetsLeaf, saying it would be hidden back in a corner away from anyone else. He said that if industrial developers wanted to be able to fulfill their AIPP obligation by building on their own site, then the rate should be more like 0.5%, not 0.25%.
Mayor Pro Tem Zavala said that see, too, thought some of the art was borderline. She said that art installed at industrial sites would not be seen by as many people as art in a median in the city. I don't believe one of the standards of the AIPP ordinance was that the art had to be seen by the maximum number of people. Her arguments could apply just as easily to commercial and residential developers paying an AIPP fee. More people would see their art if it were in the median of, say, Palm or Pierson. Ms. Zamora emphasized the "public" aspect of the art, saying it needed to be where it was easily accessible.
What I see here is a city council, every member of which has some property interest in a residential and/or commercial zone, and who are treating industrial developers as a "them." None of the city council have any financial interest in the industrial zone that I'm aware of. Mr. McKee and Ms. Zamora talk like the industrial zone is way out on the Aleutian Islands. I find myself passing through the industrial zone maybe half a dozen times a week. How do the city council members avoid going there?
Ms. Zamora continued her explanations, never explaining why her opinion would apply only to the industrial zone.
Both Mayor Matas and Mr. Betts cited the rocks that appear to have been just dumped in front of the new county building on Pierson Boulevard as an example of failed AIPP. There is supposed to be landscaping for those rocks.
Ms. Pye moved to approve the amendments as written with the tax at 0.75%. Mr. Betts tried to amend the motion to a tax rate of 0.5%. The motion failed with Ms. Zavala and Ms. Pye voting in favor. Mr. McKee moved to approve the amendments as written with a tax rate of 0.25%. Approved 3-2 with Ms. Zavala and Mayor Matas voting against.
Community Development On-Call Services
Business is picking up at City Hall and, despite new hires, the city is still understaffed and sometimes needs to call in outside help to deal with the volume. The city received statements of qualifications from three firms: PPM Group, Dudek and HCG. Staff recommended going with PPM Group up to $200,000 per year.
Mr. McKee clarified that any money spent on this will come solely from fees, not from tax revenue.
City Council Meeting Schedule
There will be NO city council meetings on the following dates: July 17, August 7, December 18 and election day, November 6. Approved 5-0.