Ayes:
Noes:
Abstain:
Absent:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 7.
SR-23-074
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: April 4, 2023
Department: Economic Development
Prepared by: Sean Smith, Economic Development Director
Subject: Proposed Temporary Reduction in Cannabis Cultivation Tax RECOMMENDATION:
Staff recommends that the City Council:
1) Provide direction on a proposed temporary reduction in the cannabis cultivation tax rate for the current tax period of January 1, 2023 - June 30, 2023; and 2) Direct staff to conduct a comprehensive assessment of the Desert Hot Springs cannabis industry and present findings and associated recommendations to the City Council.
BACKGROUND:
As one of the first cities to allow for the legal cultivation, manufacturing, and sale of cannabis, Desert Hot Springs experienced a surge of industry related development. Being one of just a few California cities to initially embrace cannabis, Desert Hot Springs was able to capture a significant amount of the state’s first phase of growth.
While the initial demand for cannabis related development in Desert Hot Springs was strong, the industry has experienced a lag in growth. Subsequent to Desert Hot Springs pioneering the industry, many other California cities have embraced cannabis with tax structures that are more economically favorable. In addition to taxes, factors such as security costs, a significant drop in wholesale flower prices, the illicit market, and more are placing added financial burden on operators. These challenges are not unique to Desert Hot Springs. In fact, the State of California suspended its cannabis cultivation tax in 2022 as a result of the strained market conditions.
DISCUSSION:
Staff has recently met with several local cultivators who have voiced concern over their ability to continue operations under current conditions. In an effort to address these concerns and better understand the circumstances impacting the Desert Hot Springs industry, staff is recommending a temporary reduction in the cultivation tax rate during which staff will complete a comprehensive assessment of the local market.
FISCAL IMPACT:
Staff is recommending consideration for either a 25% or a 50% temporary reduction in the applied cultivation tax rate. Based on current revenue projections, the estimated loss of revenue to the City for each scenario would be:
Item Number: 8.
SR-23-074
• 25% reduction for the current tax period = $583,950.
• 50% reduction for the current tax period = $1,167,892.
The current Cannabis cultivation rate is $10.20 per square foot. A 25% reduction would bring the square footage tax to $7.65 for the current tax period (January 1, 2023 - June 30, 2023). A 50% reduction would bring the square footage tax to $5.10 per square foot for the current tax period (January 1, 2023 - June 30, 2023).
Staff recommends that the shortfall in revenue be mitigated through utilization of the Cannabis Emergency Reserve. With a current balance of over $5 million, the Cannabis Emergency Reserve can address the revenue shortfall in either percent reduction option.
Item Number: 8.
SR-23-072
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: April 4, 2023
Department: City Council
Prepared by: City Council Sub-Committee on Policy and Procedures: Councilmember, Gary Gardner; and Councilmember, Jan Pye
Subject: Proposed Revisions to the "City Council and Commissions Meeting Guidelines and Procedures"
RECOMMENDATION:
1) That the City Council take any action as it deems fit related to the Council Policies and Guidelines, excepting out Section 13.2, which shall be taken in a separate action; and 2) That the City Council take any action as it deems fit pertaining to Section 13.2.
BACKGROUND:
The City Council appointed Councilmember Pye and Councilmember Gardner (“Subcommittee”) to review and revise the attached City Council and Commissions Meeting Guidelines and Procedures Policy (“Policy”) and bring forth revisions to same to be considered by the City Council as a whole.
DISCUSSION:
Aside from some minor changes, the Subcommittee flagged and made following major revisions to the Policy, which revisions are to be considered by Council. 1) Section 6.4. Section 6.4 was added to specifically address Commissioner Conduct at meetings, which changes include: a) commissioner conduct and decorum, 2) commissioner familiarity with the agenda and c) commissioner public disclosure of personal interests. 2) Section 12. Section 12 was added to address conduct of City Council members and Commissioners, and possible remedies of violations of conduct. 3) Section 13. Section 13 was added to address the process for reimbursement and prepurchased tickets to Council members at events or meetings. 4) Subsection 13.2. Subsection 13.2 was added to address City logo branded items provided to commissioners.
ATTACHMENTS:
Exhibit 1 - Meeting Guidelines and Procedures - Proposed Revisions Item Number: 9.
City Council and Commissions
MEETING GUIDELINES AND PROCEDURES POLICY
Item Number: 9.
Meeting Guidelines and Procedures Page i
City of Desert Hot Springs
CITY COUNCIL AND COMMISSIONS
MEETING GUIDELINES AND PROCEDURES
TABLE OF CONTENTS
1.0 MAYOR-ELECT AND COUNCILMEMBERS-ELECT.................................................1
1.1. Ralph M. Brown Act Conduct..................................................................1
2.0 MEETINGS OF THE CITY COUNCIL .......................................................................1
2.1. Applicability of the Ralph M. Brown Act ................................................1
2.2. Applicability of Rosenberg’s Rules of Order ..........................................1
2.3. Majority Vote ............................................................................................1
3.0 LOCATION OF ALL CITY COUNCIL MEETINGS....................................................1
3.1. Location of All Meetings ..........................................................................1
4.0 AGENDA PREPARATION .....................................................................................1
4.1. City Manager............................................................................................1
5.0 PRESIDING OFFICER .............................................................................................2
5.1. Mayor ........................................................................................................2
5.2. Mayor Pro Tem..........................................................................................2
5.3. Absence of Mayor and Mayor Pro Tem.................................................2
6.0 APPOINTMENTS ....................................................................................................3
6.1. Mayor Pro Tem..........................................................................................3
6.2. Councilmember Appointments to Boards, Committee, and Commissions.............................................................................................3
7.0 CLOSED SESSION..................................................................................................4
7.1. Purpose......................................................................................................4 Item Number: 9.
Meeting Guidelines and Procedures Page ii
7.2. Order of Business – Closed Session ........................................................4
7.2.1 Call to Order.................................................................................. 4
7.2.2 Approval of the Agenda.............................................................. 4
7.2.3 Public Comments ......................................................................... 4
7.2.4 Adjourn to the Closed Session .................................................... 4
7.3. Permissible Closed Session Attendees.................................................. 4
7.4. Confidentiality ..........................................................................................5
8.0 REGULAR MEETINGS – OPEN SESSION ................................................................5
8.1. Purpose......................................................................................................5
8.2. Order of Business – Regular Meeting......................................................5
8.2.1 Call to Order...................................................................................5
8.2.2 Roll Call...........................................................................................5
8.2.3 Pledge of Allegiance ....................................................................6
8.2.4 Moment of Inspiration ...................................................................6
8.2.5 Closed Session Report...................................................................6
8.2.6 Approval of the Agenda...............................................................6
8.2.7 Public Comments ..........................................................................6
8.2.8 Public Hearing................................................................................7
8.2.9 Administrative Calendar...............................................................7
8.2.10 Consent Calendar .........................................................................8
8.2.11 Public Comments ..........................................................................8
8.2.12 Mayor and City Councilmember Comments.............................8
8.2.13 City Manager Report.....................................................................9 Item Number: 9.
Meeting Guidelines and Procedures Page iii
9.0 SPECIAL MEETINGS...............................................................................................9
10.0 EMERGENCY MEETINGS.......................................................................................9
11.0 DECORUM AND ORDER .......................................................................................9 EXHIBIT A.......................................................................................................................11
EXHIBIT A-1 ...................................................................................................................12 EXHIBIT B........................................................................................................................13 REFERENCES ..................................................................................................................14 Item Number: 9.
Meeting Guidelines and Procedures Page 1
1.0 MAYOR-ELECT AND COUNCILMEMBERS-ELECT
1.1. Ralph M. Brown Act Conduct
Any person elected to serve as the Mayor or a Councilmember who has not yet assumed the duties of the subject office shall conform his or her conduct to the regulations of the Ralph M. Brown Act (the “Brown Act”) and such persons shall be treated for purposes of enforcement of the Brown Act as if he or she has already assumed office.i
2.0 MEETINGS OF THE CITY COUNCIL
2.1. Applicability of Ralph M. Brown Act
The Ralph M. Brown Act shall govern all meetings of the City Council and qualifying Committees and Commissions, as determined by the City Attorney.
2.2. Applicability of Rosenberg’s Rules of Order
In the absence of a rule herein to govern a point of procedure, Rosenberg’s Rules of Order shall control.
3.3 Majority vote
A majority of the City Council shall mean the majority of the councilmembers in attendance, unless otherwise proscribed by law.
3.0 LOCATION OF ALL CITY COUNCIL MEETINGS
3.1. Location of All Meetings
Meetings of the City Council shall be held at the place designated by ordinance within the jurisdictional boundaries of the City of Desert Hot Springs.ii
4.0 AGENDA PREPARATION
4.1. City Manager
It shall be the responsibility of the City Manager, assisted by the City Clerk, to prepare all City Council meeting agendas, including the various boards, committees or commissions that the City Councilbody may sit as.
Requests for placement of an item on agenda must be submitted to the City Manager by staff.
The City Manager shall have sole discretion as to the agenda content, with the exception of those items submitted and/or requested by Council Item Number: 9.
Meeting Guidelines and Procedures Page 2
as adopted by Resolution, as amended, but which currently is as follows:
Solely with respect to placing future items on the agenda by councilmembers or the mayor, the city manager is authorized and directed to do so as follows:
(1) by direction of the mayor; and
(2) by direction of two city councilmembers.
Councilmembers wishing to place items on a future agenda shall submit requests to the city manager at least ten (10) days before the council meeting. The items shall be placed on the agenda for discussion purposes only, and not as action items. The item shall identify the mayor or councilmembers making the request and contain a brief description of the subject matter. The city council, during the discussion item, will consider whether to direct staff to place an item on a future agenda for action. Upon direction of a majority of the city council present, staff will prepare a staff report and other documents as may be needed for any future action item.
This policy does not affect urgency items, which are those limited situations where an item requires immediate action, and the need to take immediate action came to the attention of the
councilmember subsequent to the distribution of the agenda.
5.0 PRESIDING OFFICER
5.1. Mayor
The Mayor shall preside at the meetings of the City Council.iii
5.2. Mayor Pro Tem
If the mayor is absent or unable to act, the Mayor Pro Tem shall serve until the Mayor returns or is able to act.iv The Mayor Pro Tem shall have all of the powers and duties of the Mayor in his or her absence.v
5.3. Absence of Mayor and Mayor Pro Tem
In the absence of the Mayor and Mayor Pro Tem, the majority of the three remaining Councilmembers shall select by majority vote of the councilmembers in attendance who shall serve as the presiding officer.
Item Number: 9.
Meeting Guidelines and Procedures Page 3
6.0 APPOINTMENTS
6.1. Mayor Pro Tem
The position of Mayor Pro Tem shall be appointed by the Mayor and ratified by the majority of the City Council at the first regularly scheduled Council meeting of December of each year.
6.2. Councilmember Appointment to Boards, Committees, and Commissions
The appointments shall be made pursuant to Chapter 2.24 “Departments, Boards, and Commissions” of the DHSMC, as amended. Mayor shall appoint Council members to all City and intergovernmental Boards and Committees.
6.3 Commissions.
Pursuant to DHSMC Chapter 2.24, the Mayor and each City Councilmember shall appoint one member to each commission, created by the City Council, subject to ratification by a majority vote of the City Council, and in compliance with the City Council and Commissions Meeting Guidelines and Procedures.
Pursuant to DHSMC Section 2.24.020, appointments to Commissions are made at the first regular City Council meeting in January following each regular election year.
In furtherance of DHSMC Sections 2.24.020(a) dealing with Commission appointments, and 2.24.030(a) dealing with
Commission vacancies, all members of the City Council shall have an opportunity to review the applications of the Commission applicant(s) as follows:
a. The Councilmember who is responsible for the appointment of a Commissioner shall notify the City Clerk prior to time the agenda is posted for the meeting at which the proposed Commissioner appointment is to be made of the name of the proposed
Commissioner. The City Clerk shall include the names and applications of all persons who submitted an application for the Commission in the agenda packet, including that of the
proposed Commissioner.
b. The proposed Commissioner, but not all applicants, shall appear at the council meeting when the appointment is being made and shall be available to answer questions from the
Item Number: 9.
Meeting Guidelines and Procedures Page 4
councilmembers.
c. If an appointment to any Commission is not made within 60 days of vacancy, the Mayor, or Mayor Pro Tem in the Mayor’s
absence, shall make the appointment, subject to ratification by a majority of the City Council present at the meeting.
6.4 Commissioner Conduct.
6.4.1. Members of all City Commissions are required to maintain a professional and courteous decorum during public meetings and will not act in a way that compromises or embarrasses the City, and shall be devoid of any personal attacks, profanity, bullying, acts of intimidation, threats, or partisan political statements.
6.4.2 Commissioners are expected to be fully familiar with all agenda items and must adequately prepare for commission meetings.
6.4.3 Commissioners must not use confidential information to further a personal interest and must not disclose confidential information. Commissioners must publicly disclose any personal interests and abstain from participation in a matter in which the commissioner has a personal interest or conflict and will leave the meeting while the item is being discussed and acted upon.
6.4.4 Violations are subject to the provisions of Section 12.
7.0 CLOSED SESSION
7.1. Purpose
The City Council may only hold a closed session to discuss the matters listed under the Brown Act.
7.2. Order of Business – Closed Session
The order of business for a Closed Session shall be listed on the agenda and may include:
7.2.1 Call to Order
The designated presiding officer may call the Closed Session to order as soon as a quorum of the City Council is present but no sooner than the time the Closed Session has been posted to commence.
7.2.2 Approval of the Agenda
The City Council may approve the Closed Session agenda
Item Number: 9.
Meeting Guidelines and Procedures Page 5
prior to adjourning to the closed session. A majority vote of the City Council is required to change the order of the agenda or remove an item from the closed session agenda.
7.2.3 Public Comments
(a) The public may address the City Council on any Closed Session item prior to the Council Adjourning to closed
session, under the established rules of decorum for public comments and testimony in general; and
(b) The City Council is prohibited from taking any action on any item not appearing on the agenda unless the action
is otherwise authorized by law.
7.2.4 Adjourn to the closed session meeting
The presiding officer shall adjourn to the closed session meeting.
7.3. Permissible Closed Session Attendees
Attendance of a closed session is limited to those persons actually necessary to advise or take direction from the City Council on a specific agenda item for that session.
7.4. Confidentiality
(a) Proceedings conducted in Closed Session are deemed
confidential and no person in attendance at a Closed Session shall publicly disclose the discussions or the actions taken in Closed Session, unless otherwise permitted or required under the law.vi Penalties and remedies are set forth in state law; and (b) All attendees at a closed session shall place all personal electronic devices capable of audio or video recordings in the “off” mode and such items will be placed in a designated location where they are inaccessible during the meeting.
Upon completion of the closed session agenda items, the council shall adjourn the closed session and reconvene in regular open session.
8.0 REGULAR MEETINGS – OPEN SESSION.
8.1. Purpose
Regular meetings shall be an opportunity to conduct City business, Item Number: 9.
Meeting Guidelines and Procedures Page 6
and shall involve approval of the minutes of the last meetings, proclamations, awards, councilmember reports, committee reports, staff reports, public hearing, audience communications, and all other scheduled business.
8.2. Order of Business – Regular Meeting
8.2.1 Call to Order
The designated presiding officer shall call the Regular meeting to order as soon as a quorum of the City Council is present but no sooner than the time the Regular meeting has been posted to commence.
8.2.2 Roll Call
(a) The City Clerk shall take a verbal roll call of all Councilmembers present at the Regular meeting
immediately after the designated presiding officer calls the Regular meeting to order and the names of those
present and absent shall be entered in the minutes;
(b) The order of the roll call shall be alphabetical except that the Mayor shall be called last; and
(c) If a quorum of the City Council is present, the City Clerk shall declare for the record that a quorum is present.
8.2.3 Pledge of Allegiance
The Presiding Officer shall designate any individual at the meeting to lead the City Council, City administrative staff and the public in reciting the Pledge of Allegiance to the United States flag.
8.2.4 Moment of Inspiration
The Presiding Officer may designate any individual at the meeting to deliver a non-denominational moment of
inspiration.vii
8.2.5 Closed Session Report
After any closed session, the City Council shall reconvene into open session. The City Attorney shall disclose the action taken in the closed session pertaining to subject matters permitted under the Brown Act. If a closed session occurs at the end of a meeting, the City Attorney shall also disclose the action taken at the next regular meeting during the agenda Item Number: 9.
Meeting Guidelines and Procedures Page 7
item titled City Attorney Report on Closed Session.
8.2.6 Approval of the Agenda
The City Council shall approve the agenda. A majority vote of the City Council is required to remove items from the agenda. Councilor’s requests for items to be removed from consent agenda will be announced prior to the approval of the agenda.
8.2.7 Public Comments
The public shall have an opportunity to directly address the City Council on any item of interest to the public that is not on the agenda but is within the subject matter jurisdiction of the City Council.viii
(a) The City Council is prohibited from taking any action on any item not appearing on the agenda unless the action
is otherwise authorized by law;
(b) Each speaker shall be entitled to speak during the public comment period for a total of three minutes unless waived by the presiding officer or a majority of the City Council; andix
(c) At the discretion of the providing officer, public comments may be continued to a point in the meeting after the
official business on the agenda has been concluded.
8.2.8 Public Hearing
Any written documentation to be considered by the City
Council at a public hearing, whether provided by a member of the public or a Councilmember, must also be presented to the City Clerk, who shall be responsible for retaining the original of the document as a public record and delivering a copy to each of the Councilmembers and relevant City
personnel.
Unless otherwise required by state law or the Municipal Code, public hearings shall be conducted in the following order:
(a) Staff introduction and review;
(b) Open Public Hearing;
(c) Testimony by person who is the subject of the hearing Item Number: 9.
Meeting Guidelines and Procedures Page 8
(Proponent/Applicant);
(d) Speakers in support of the request;
(e) Speakers opposing the request;
(f) Speakers neutral;
(g) Applicant rebuttal (defined as responding to objections from speakers; Proponent/Applicant shall not discuss new topics);
(h) Public testimony closed by the Presiding Officer: Public testimony may need to be re-opened if applicant or other member of the public is permitted to speak following
closure of the public hearing to ensure that the conduct of the hearing conforms to all relevant due process
requirements;
(i) Deliberation by Councilmembers: Councilmembers are
encouraged to address questions to City staff only so as to avoid the necessity of reopening the public hearing to
ensure that the conduct of the hearing conforms to all
relevant due process requirements; and
(j) Action by City Council
8.2.9 Administrative Calendar
The Administrative Calendar includes those that do not
involve a public hearing and those that cannot be added to the consent calendar. Typically, administrative items include consideration of proposed ordinances and all other items that require discussion amongst the Councilmembers.
8.2.10 Consent Calendar
(a) The consent calendar is intended to save time by allowing approval of several routine, non-controversial items with a single motion and may include the second reading of
ordinances;
(b) The individual items will not be discussed or debated unless pulled from the Consent Calendar for the discussion. Items may be pulled from the consent calendar by any member
of the council, at the time the agenda is approved; and (c) Consent Calendar items shall include, but are not limited to:
Item Number: 9.
Meeting Guidelines and Procedures Page 9
(i) Approval of Minutes.
A motion to approve is not required, except in the
instance where there is disagreement among the
Councilmembers concerning a correction.
(ii) Register of Demands.
The demand register listing the charges made
against each budgetary fund and account since
the previous City Council meeting may be
approved by a majority of the Council.
8.2.11 Public Comments
All remaining speakers shall be afforded an opportunity to speak at this time on any item not listed in the Regular meetings agenda. Each speaker will be afforded three (3) minutes to speak, unless more time is granted by the presiding officer.
8.2.12 Mayor and City Councilmember Comments
The Mayor or any Councilmember may report on meetings
attended for other governmental agencies on behalf of the city, attendance at community events, and meetings with constituents or other groups as well as bringing any new business before the Council under Mayor and
Councilmember Comments portion of the Agenda. No
discussion of such items shall be allowed and no action on such matters may be taken until a subsequent meeting,
unless such item is deemed to be an urgency or emergency item. The Mayor or any Councilmember may respond to any public comment on an item or matter which has not been
placed on the Agenda.
8.2.13 City Manager Reports
The City Manager shall report on informational matters such as meetings or events which may be of potential interest to the City Council and the status of any state and national legislation that may impact the City, progress on upcoming or ongoing city projects, reports on city financial matters, updates on police and fire department issues, city personnel, and any other items the city manager shall deem of interest to the council.
9.0 SPECIAL MEETINGS
The City Council may call Special Meetings in compliance with the Ralph Item Number: 9.
Meeting Guidelines and Procedures Page 10
M. Brown Act.
10.0 EMERGENCY MEETINGS
The City Council may call Emergency Meetings in compliance with the Ralph M. Brown Act.
11.0 MEETING DECORUM AND ORDER
11.1 Desert Hot Springs officials and employees will treat members of the public with respect and expect the same in return. The City is committed to maintaining orderly City Council meetings, free from disruption.
11.2 All interactions between City staff, City elected officials, and members of the public will be conducted in a respectful manner. A Council Member may not speak during a meeting unless first recognized by the presiding officer.
11.3 Threats of violence will not be tolerated.
11.4 Loud, insulting, demeaning or offensive communications will not be tolerated if they substantially impair the effective conduct of the meeting.
11.5 The City will not tolerate any individual, employee, or elected official who disrupts or threatens to disrupt City government operations, threatens the health and safety of staff or councilmembers, willfully causes property damage, uses loud and/or offensive written or oral language which could provoke a violent reaction, or who has otherwise established a continued pattern of uncivil behavior.
11.6 No person attending a Public Meeting shall engage in disorderly or boisterous conduct, which substantially impairs the effective conduct of the meeting, including but not limited to excessive applause, excessive whistling, excessive stamping of feet, excessive booing or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.
11.7 All remarks by members of the public shall be addressed to the Mayor or presiding officer and not to any other member of the public or to a single Council, Board or Commission Member unless in response to a question from that Member.
Item Number: 9.
Meeting Guidelines and Procedures Page 11
11.8 Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item substantially impairs the effective conduct of the meeting.
11.9 The presiding officer shall be responsible for maintaining the decorum at the public meeting and uniformly enforcing the rules of decorum.
11.10 If any person continues to breach the rules of decorum in a manner that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting following an order from the presiding officer to cease the conduct, the presiding officer may order the person to leave the public meeting.
11.11 If any person refuses to leave the public meeting following an order from the presiding officer, the presiding officer may order any law enforcement officer on duty to remove the person from the public meeting.
11.12 Except as otherwise specifically allowed and consented to by the presiding officer, no member of the public shall be permitted in any of the following areas:
(a) Behind the dais;
(b) Behind the area where City Staff sits; or
(c) In the well area, which is the open area directly in front of the dais and extending outward to the podium area.
COUNCIL AND COMMISSION MEMBER CONDUCT
12.1. The standards of conduct established here are intended to be selfenforcing by the City Council, and apply to the members of the Council, including the Mayor, and appointed members of city commissions.
12.2 City Council members and appointed Commissioners are expected to adhere to all official personnel policies and standards adopted by the city and as contained in the personnel handbook(s) and guidance used by the city for all employees. All council members and commissioners shall be given a policy handbook upon taking office and will sign a statement acknowledging receipt of the policies and agreeing to abide by them.
12.3. The Mayor or Mayor Pro Tem, if the Mayor has an actual or perceived conflict, shall intake any complaint regarding a proposed sanction of a council member or appointed commissioner, including the Mayor. All complaints Item Number: 9.
Meeting Guidelines and Procedures Page 12
regarding a proposed sanction must come from a minimum of two (2) councilmembers. The complaint regarding a proposed sanction shall be placed on an agenda for discussion purposes only. If approved by the majority of the City Council, the proposed sanction shall be placed on the next available City Council agenda for action.
MISCELANEOUS COUNCIL AND COMMISSION MEMBER CONDUCT PROVISIONS
13.1 If a council member or commissioner requests the city to pre-purchase or pay for the member to attend an event or meeting as a representative of the city, and the member does not subsequently attend that meeting or event after the ticket is purchased or event paid for,(without first notifying the city manager as to the reason, or attempting to find an alternate attendee), the city will not purchase or pay for future events or meetings for that member. The member may use personal funds to purchase a ticket or pay for attendance and be reimbursed as authorized by the city manager by upon presentation of proof of attendance.
13.2 The City may provide city logo branded items to appointed commissioners.
Such items may only be worn or used when attending city council and official commission meetings, or at conferences, training sessions, and community events when the commissioner is acting in their official capacity as a commissioner or attending a meeting with a city council member. An initial violation of this policy would result in a letter of reprimand from the city attorney.
Additional violations would result in removal from the appointment.
Item Number: 9.
Meeting Guidelines and Procedures Page 13
Exhibit A
WORKFLOW TO ADD ITEMS TO ANY CITY COUNCIL AGENDA
City Manager
City Council Meeting
agendas are managed
and prepared by the
City Manager, assisted
by the City Clerk
Mayor City Attorney Any Two
Councilmembers
Item Number: 9.
Meeting Guidelines and Procedures Page 14
Exhibit A-1
WORKFLOW TO ADD ITEMS TO ANY COMMISSION OR COMMITTEE AGENDA Chair City Attorney Any Two Commissioners/
Committee Members
City Manager
Commission/Committee
Meeting agendas are
managed and prepared by
the City Manager, assisted
by the City Clerk
Item Number: 9.
Meeting Guidelines and Procedures Page 15
Exhibit B
WORKFLOW TO CALL A SPECIAL MEETING
Mayor
City Manager
Any
three Councilmembers
City Council Meeting
agendas are managed and
prepared by the
City Manager, assisted by
the City Clerk
Item Number: 9.
Meeting Guidelines and Procedures Page 16
REFERENCES
i. Govt. Code ' 54952.1; (mayor-elect, councilmember-elect) ii. Govt. Code ' 54954, subd. (a); (location of meeting; general rule) iii. Govt. Code ' 36802; (presiding officer)
iv. Govt. Code ' 36802 (presiding officer)
v. Govt. Code ' 36802 (presiding officer)
vi. Attorney General Opinion 87-410
xvi. Marsh v. Chambers 463 U.S. 783 (1983) (invocation) viii. Govt. Code ' 54954.3 subd. (a); (opportunity for public to address city council) ix. Govt. Code ' 54954.3 subd. (b); (public comments; time limitations) Item Number: 9.
SR-23-073
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: April 4, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: March 21, 2023 RECOMMENDATION:
Approve the Minutes as presented; or as corrected.
ATTACHMENTS:
03-21-2023 City Council Regular Meeting Minutes DRAFT
Item Number: 10.
City of Desert Hot Springs
DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, March 21, 2023
Council Chambers
CLOSED SESSION - 4:30 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
Mayor: Scott Matas
PUBLIC COMMENTS
None.
Jennifer Mizrahi, City Attorney, announced the Closed Session Items.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Supporters Alliance for Environmental Responsibility (SAFER) v. City of Desert Hot Springs, et al, Riverside County Court Case Number CVPS2300062
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Sierra Club v. City of Desert Hot Springs, et al, Riverside County Court Case Number CVPS2300057
3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: (One Potential Case)
Item Number: 10.
City Council
March 21, 2023
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 13700 Palm Drive, Desert Hot Springs, CA 92240 (APN 641-294- 042); and 17825 Indian Avenue, Palm Springs, CA 92258 (APNs 666-150-003, 666-150-007, and 666-150-008)
Agency Negotiator: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: Doria Wilms, Interim City Manager
Jennifer Mizrahi, City Attorney
Under Negotiation: Price and Terms
5. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code Section 54957.6)
Unrepresented employee: City Manager
6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Government Code Section 54956.9) Name of case: Newrez, LLC dba Shellpoint Mortgage Servicing v. City of Desert Hot Springs
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:01 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Gary Gardner, Jan Pye
Mayor Pro Tem: Roger Nuñez
Mayor: Scott Matas
INVOCATION
Mayor Matas presented a Certificate of Recognition to Pastor Jerry Johnson, Lily of the Valley Worship Center, for their 64th Anniversary and facility dedication.
Pastor Jerry Johnson gave the Invocation.
PLEDGE OF ALLEGIANCE
Councilmember Pye led the Pledge of Allegiance.
Item Number: 10.
City Council
March 21, 2023
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
APPROVAL OF AGENDA
ACTION: Approve the March 21, 2023, Regular Meeting agenda, and approve the Consent Calendar in its entirety.
Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Gardner, Pye, Nuñez, and Matas
PUBLIC COMMENTS
Emery Lesco spoke regarding his encounter with a lost child.
Tom Moen spoke regarding Highway 62 and Pierson Boulevard.
Paul Scopelitis expressed concerns regarding right-turn only lane at Palm Drive and Pierson Boulevard, and disabled parking accessibility.
CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided an update regarding various Public Works projects.
Roberta Crncic, Recreation and Community Services Director, provided Recreation Center updates and announcements.
MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Betts reported on the various meetings and events he attended.
Councilmember Gardner reported on the various meetings and events he attended.
Mayor Pro Tem Nuñez reported on the various meetings and events he attended.
Councilmember Pye reported on the various meetings and events she attended.
Mayor Matas reported on the various meetings and events he attended.
Item Number: 10.
City Council
March 21, 2023
PUBLIC HEARINGS:
7. Massage Establishment Fees
(Exempt from CEQA per Guidelines Section 15061(b)(3))
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony of those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, Adopting the New User Fees Related to Massage Establishments and the Nexus Study Prepared Therefor.
Staff Report - SR-23-043 - Pdf
Christina Newsom, Compliance Director, presented the staff report and responded to questions.
Mayor Matas opened the Public Hearing.
There was no public testimony.
Mayor Matas closed the Public Hearing.
ACTION: Approve Staff recommendation and adopt Resolution No. 2023-006.
Moved by Council Member Gardner
Seconded by Mayor Pro Tem Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Gardner, Pye, Nuñez, and Matas
ADMINISTRATIVE CALENDAR:
8. 2022 Housing Element Annual Progress Report
Recommendation:
Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, to direct staff to submit the 2022 HCD Housing Element Annual Progress Report (HE APR).
Staff Report - SR-23-063 - Pdf
Travis Clark, Interim Community Development Director, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation and adopt Resolution No. 2023-007.
Item Number: 10.
City Council
March 21, 2023
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Gardner, Pye, Nuñez, and Matas
9. Hot Springs Park
Recommendation:
Provide direction to Staff on one of the following options:
1) Leave the fence in place and order and install a “coming soon” banner to go on the fence until the Reflection Park project is completed; or 2) Direct the awarded contractor to remove all vertical structures, backfill pools and ponds and remove the construction fence until the Reflection Park project begins.
Staff Report - SR-23-064 - Pdf
Nicholas Haecker, Public Works Director, presented the staff report and responded to questions.
Emory Lusco spoke.
Paul Scopelitis spoke.
Kurt Handshuh spoke.
Tom Moen spoke.
Roger LaGreca spoke.
A discussion ensued.
ACTION: Approve Staff recommendation No. 2): Direct the awarded contractor to remove all vertical structures, backfill pools and ponds and remove the construction fence until the Reflection Park project begins.
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 4-1 by the following votes:
AYES: Gardner, Pye, Nuñez, and Matas
NOES: Betts
10. Authorize Approval of Banking Services Agreement
Recommendation:
Authorize the City Manager to execute an Agreement, and any other related documents, with Union Bank/US Bank for general banking services for five Item Number: 10.
City Council
March 21, 2023
years with 2 one year extensions and to take such actions as are necessary to implement and administer the Agreement, and to exercise the available renewal options if in the City’s best interest.
Staff Report - SR-23-061 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.
Tom Moen spoke regarding failed banks.
A discussion ensued.
ACTION: Continue the Item to the next meeting and receive analysis from financial advisor.
Moved by Council Member Betts
Seconded by Council Member Pye
DEFEATED. 2-3 by the following votes:
AYES: Betts and Nuñez
NOES: Gardner, Pye, and Matas
ACTION: Approve Staff recommendation.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 4-1 by the following votes:
AYES: Gardner, Pye, Nuñez, and Matas
NOES: Betts
11. Contract Code Compliance Officer Professional Services Agreement Recommendation:
Authorize the City Manager to execute a Professional Services Agreement between the City and Willdan Engineering, Inc. for Code Compliance Officer services on an as-needed and as-directed basis in an amount not to exceed $300,000; with approval as to form by the City Attorney.
Staff Report - SR-23-059 - Pdf
Christian Newsom, Compliance Director, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Betts
Carried 5-0 by the following votes:
AYES: Betts, Gardner, Pye, Nuñez, and Matas
Item Number: 10.
City Council
March 21, 2023
CONSENT CALENDAR:
12. City Council Regular Meeting Minutes: March 7, 2023 Staff Report - SR-23-065 - Pdf
ACTION: Approve the Minutes as presented.
13. Termination of Local Emergency Related to COVID-19
Staff Report - SR-23-060 - Pdf
ACTION: Approve Staff recommendation and adopt Resolution No. 2023-008:
“A Resolution of the City Council of the City of Desert Hot Springs, California, rescinding Resolution No. 2020-007 declaring a local emergency, and promulgating orders and regulations necessary for the protection of life and property related to COVID-19.
14. Second Reading and Adoption of An Ordinance Amending Operating Hours for Specific Cannabis Facilities (Exempt from CEQA Pursuant to CEQA Guidelines Section 15061 (b)(3))
Staff Report - SR-23-056 - Pdf
ACTION: Approve Second Reading, read by title only and adopt Ordinance No. 775: “An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Section 5.50.080 “General Operating Requirements” of Chapter 5.50 “Cannabis Businesses”; and Amending Sections 17.180.040 (“Marijuana Storefront Retail Facilities”), 17.180.045 (“Marijuana Non-storefront Retail Facilities”), 17.180.050 (“Marijuana Cultivation Facilities”), 17.180.060 (“Marijuana Manufacturing Facilities”), 17.180.070 (“Marijuana Testing Facilities”), and 17.180.080 (“Marijuana Distribution Facilities”) of the Desert Hot Springs Municipal Code to Update Regulations Regarding Hours of Operation."
15. Second Reading and Adoption of An Ordinance Amending Regulations to Mobile Food Vending Vehicles (Food Trucks) (Exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3))
Staff Report - SR-23-058 - Pdf
ACTION: Approve Second Reading, read by title only and adopt Ordinance No. 776: "An Ordinance of the City Council of the City of Desert Hot Springs, Amending Chapter 5.52 “Mobile Food Vending Vehicles” of Title 5 “Business Licenses and Regulations” of the Desert Hot Springs Municipal Code."
16. Second Reading and Adoption of An Ordinance to Update Regulations for Transfers of Ownership for Cannabis Businesses (Exempt from CEQA pursuant to CEQA Guidelines Section 15061 (b)(3))
Staff Report - SR-23-057 - Pdf
Item Number: 10.
City Council
March 21, 2023
ACTION: Approve Second Reading, read by title only and adopt Ordinance No. 777: “An Ordinance of the City Council of the City of Desert Hot Springs, California Amending Section 5.50 “Cannabis Businesses” of Title 5 “Business Licenses and Regulations” of the Desert Hot Springs Municipal Code in Order to Update Regulations for Transfers of Ownership."
17. Amendment to Professional Services Agreement with Chambers Group, Inc. for On-Call Environmental Services on an As-Needed Basis Staff Report - SR-23-062 - Pdf
ACTION: Approve Staff recommendation to authorize the City Manager to execute an Amendment to the Professional Services Agreement for On-Call Environmental Services with Chambers Group Inc. in the amount of $200,000 for one year with the option of month-to-month extensions; and to authorize the City Manager to execute all necessary agreements, as approved to form by the City Attorney.
PUBLIC COMMENTS
None.
ADJOURN
Mayor Matas adjourned the meeting at 7:55 P.M.
Jerryl Soriano, CMC, City Clerk
Item Number: 10.