Minutes — Desert Hot Springs City Council, April 5, 2022

City of Desert Hot Springs

ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, April 5, 2022
Council Chambers
CLOSED SESSION - 4:45 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:45 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
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: Nadine Garcia, et al. v. City of Desert Hot Springs, et al.; 4th District Court of Appeal – Division 2; Case No. E075523 RECESS
PRESENTATIONS - 5:15 P.M.

Senior Center Update
Cheryl Hunter, Senior Center Director
Cheryl Hunter, Senior Center Director, provided an update of Senior Center activities and programs, and invited the community to the "Flashback Fun Festival - Car Show" on April 9, 2022.

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City Council
April 5, 2022
Riverside County Emergency Management Department (EMD)
Presentation
Wendy Hetherington, Riverside County Public Health, presented an overview of the "Health Equity District Teams" pilot project in Desert Hot Springs to develop five Health Equity Outreach District Teams in Riverside County to engage underserved, at-risk communities; and responded to questions.

Introduction of Fire Department Battalion Chiefs
Mike Beverlin, Division Fire Chief, introduced Battalion Chiefs Tim Bingham and Don Camp.

REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

INVOCATION
A moment of silence was held in memory of Gerald "Jerry" Pisha, who served as Mayor from 1993-1998.

Bishop Robert E. Taylor, Sr. gave the Invocation.

PLEDGE OF ALLEGIANCE
Council Member Nuñez led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

APPROVAL OF AGENDA
ACTION: Approve the April 5, 2022 Regular Meeting agenda, and approve the Consent Calendar except for Item No. 8.

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City Council
April 5, 2022
Moved by Council Member Betts
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

PUBLIC COMMENTS
1) Ricardo Loretta, Executive Director of the Dr. Carreon Foundation, distributed and discussed his letter seeking a funding contribution towards their scholarship program. 2) Gretchen Gutierrez stated that existing members of the Coachella Valley Regional Housing Trust Committee had decided to close the housing trust due to various factors and provided a check refunding a previous funding contribution from the City. 3) Donna Wardean spoke regarding the Women's Club scholarship program. 4) Marisela Tirado stated that she was circulating a petition regarding dangerous traffic conditions after her son was hit by a vehicle.
5) Kyle Mabrey spoke regarding the positive impacts of short-term vacation rentals. 6) Andre Richard expressed concerns regarding short-term vacation rentals. 7) Andrew Raaf spoke in support of short-term vacation rentals. 8) Stephanie Martin spoke in support of short-term vacation rentals.

CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.

Nicholas Haecker, Public Works Director, provided an update regarding park upgrades.

MAYOR AND COUNCIL MEMBER REPORTS
Council Member Betts reported on the various meetings and events he attended.

Mayor Pro Tem Gardner reported on the various meetings and events he attended.

Council Member Nuñez reported on the various meetings and events he attended.

Council Member Pye reported on the various meetings and events she attended.

Mayor Matas reported on the various meetings and events he attended.

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City Council
April 5, 2022
PUBLIC HEARINGS:

6. Transition From At-Large to By-District Elections (Public Hearing No. 4) Staff Report - SR-22-073 - Pdf
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
7) Close the Public Hearing receiving public testimony as part of the administrative record;
8) City Council discussion and questions to Staff; and
9) A) Review the draft maps and provide direction on which map the City Council prefers; AND
B) Introduce for First Reading and read by title only, "An Ordinance of the City Council of the City of Desert Hot Springs, California, establishing a by-District Election Process Pursuant to California Elections Code Section 10010, and Adding New Sections to Chapter 2.04 of the Desert Hot Springs Municipal Code to Provide for City Council Election Districts." Jerryl Soriano, City Clerk, presented the staff report.

Mayor Matas opened the Public Hearing.

Maribel Nunez spoke in favor of Draft Map No. 1.

Joe Mota spoke in favor of Draft Map No. 1.

Kent Andersen spoke in favor of Draft Map No. 1.1.

Brian Meuse spoke in favor of Draft Map No. 1.1.

Donna Wardean expressed concerns regarding districting.

Mayor Matas closed the Public Hearing.

A discussion ensued. City Staff, the City Attorney, and Demographer David Ely, responded to questions.

ACTION: Approve Map 1.1 and introduce the ordinance for first reading.

Moved by Mayor Matas
Seconded by Mayor Pro Tem Gardner
Carried 4-1 by the following votes:

AYES: Betts, Pye, Gardner, and Matas
NOES: Nuñez

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City Council
April 5, 2022
The City Council recessed at 7:55 P.M.

The City Council reconvened at 8:05 P.M.

ADMINISTRATIVE CALENDAR:

7. Lighting and Landscape Maintenance Districts and Drainage Assessment District Initiate Proceedings for the FY 2022-23 Levy and Collection of Assessment
Staff Report - SR-22-072 - Pdf
Recommendation:
1) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B for Fiscal Year 2022-23; 2) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Landscape and Lighting Maintenance District No. 2 for Fiscal Year 2022-23; and
3) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2022-23.

Council Member Betts stated that he owns property within Citywide Landscape and Lighting Maintenance District No. 1 (LLMD No. 1) and therefore recused from the proceedings due to a potential conflict of interest.

Geoffrey Buchheim, Administrative Services Director, presented the staff report for LLMD No. 1.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-006 (LLMD No. 1).

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 4-0 by the following votes:

AYES: Nuñez, Pye, Gardner, and Matas
RECUSE: Betts
At this time, straws were drawn under the Rule of Necessity because a majority of the City Council members present had a potential conflict of interest.

Mayor Pro Tem Gardner and Council Member Nuñez recused from the proceedings for Landscape and Lighting Maintenance District No. 2 (LLMD No. 2) and Drainage Assessment District No. 1 (DAD No. 1) due to a potential conflict of interest.

Geoffrey Buchheim, Administrative Services Director, presented the staff report for LLMD No. 2 and DAD No. 1 and responded to questions.

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City Council
April 5, 2022
ACTION: Approve Staff recommendation and adopt Resolution No. 2022-007 (LLMD No. 2) and Resolution No. 2022-008 (DAD No. 1).

Moved by Mayor Matas
Seconded by Council Member Pye
Carried 3-0 by the following votes:

AYES: Betts, Pye, and Matas
RECUSE: Nuñez and Gardner

8. Funding Request from Health Assessment and Research for Communities (HARC)
Staff Report - SR-22-067 - Pdf
Recommendation:

Consider a funding request from HARC in the amount of $5,000.

Jerryl Soriano, City Clerk, presented the staff report.

Dr. Jenna LeComte-Hinely, HARC Chief Executive Officer, responded to questions.

ACTION: Approve the funding request from HARC in the amount of $5,000.

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

9. Military Equipment Use Policy Ordinance per Assembly Bill 481 Staff Report - SR-22-064 - Pdf
Recommendation:

Review (and provide direction if desired) the attached Ordinance regarding military equipment use policy pursuant to Assembly Bill 481. The Ordinance itself will come back for a Public Hearing at the April 19, 2022 City Council meeting.

Steven Shaw, Deputy Chief of Police, presented the staff report.

The report was received and filed.

10. County Service Area 152 (CSA 152) Budget and Proposed Assessment For Fiscal Year 2022-23
Staff Report - SR-22-074 - Pdf
Recommendation:
1) Review the budget and assessment for County Service Area 152; and

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City Council
April 5, 2022
2) Adopt a Resolution of the City Council making its findings and establishing the rates for County Service Area 152 to fund the City's National Pollutant Discharge Elimination System (NPDES) Permit.

Nicholas Haecker, Public Works Director, presented the staff report.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-009.

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:

11. City Council Regular Meeting Minutes: March 15, 2022 Staff Report - SR-22-077 - Pdf
ACTION: Approved the Minutes as presented.

12. Second Reading and Adoption of "An Ordinance Approving the Development Agreement By and Between the City of Desert Hot Springs and JHW Land Investments, LLC"
Staff Report - SR-22-068 - Pdf
Recommendation:

Approve second reading, read by title only and adopt: "An Ordinance of the City of Desert Hot Springs approving the Development Agreement (by and Between the City of Desert Hot Springs JHW Land Investments LLC) related to the future development of Residences at Ovation Project (previously known as Marbella Villa Project) a residential condominium project located on the west side of Palm Drive north of 15th Avenue, APN’s 656-030-005 through 656-030-008." Staff responded to questions raised by Council Member Betts.

ACTION: Approve Staff recommendation and adopt Ordinance No. 753.

Moved by Mayor Pro Tem Gardner
Seconded by Mayor Matas
Carried 3-2 by the following votes:

AYES: Pye, Gardner, and Matas
NOES: Betts and Nuñez

PUBLIC COMMENTS
None.

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City Council
April 5, 2022

ADJOURN
Mayor Matas adjourned the meeting at 8:39 P.M.

Jerryl Soriano, CMC, City Clerk

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SR-22-073
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 5, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Transition From At-Large to By-District Elections (Public Hearing No. 4) RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
7) Close the Public Hearing receiving public testimony as part of the administrative record; 8) City Council discussion and questions to Staff; and
9) A) Review the draft maps and provide direction on which map the City Council prefers; AND B) Introduce for First Reading and read by title only, "An Ordinance of the City Council of the City of Desert Hot Springs, California, establishing a by-District Election Process Pursuant to California Elections Code Section 10010, and Adding New Sections to Chapter 2.04 of the Desert Hot Springs Municipal Code to Provide for City Council Election Districts." BACKGROUND:

On December 8, 2021, the City Council adopted Resolution No. 2021-071 declaring its intent to transition from at-large to by-district elections, establishing the City’s compliance with Elections Code Section 10010, and a step-by-step process for the transition, which requires significant public participation.

Public Hearings
On February 15, 2022 and March 1, 2022, the City Council held the first 2 required public hearings to inform the public about the districting process and to hear from the community on what factors should be considered while creating district boundaries. At those hearings, the City Council received a presentation from Staff and its demographer, Bear Demographics & Research, regarding legal requirements to be considered, the criteria for creating district boundaries, and the public input process.

The 3rd Public Hearing was held on March 15, 2022.

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SR-22-073
Public Workshops
In addition to the required public hearings, the City also contracted with consultants and held public workshops to provide more opportunities to inform the public. Members of the public were invited to attend in-person at City Hall or virtually via the Zoom platform. Three workshops were held on:
• February 17, 2022 at 6:00 P.M.
• February 24, 2022 at 12:00 P.M.
• March 9, 2022 at 6:00 P.M.

On March 23, 2022, a fourth workshop was held at the Desert Hot Springs Senior Center.

Draft Maps
On March 8, 2022, the Demographer provided 3 draft map options for consideration. In accordance with the California Fair Maps Act, district boundaries were drawn using the following criteria in the listed order of priority:
1) The Council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
2) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. 3) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A "community of interest" is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates. 4) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
5) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. 6) The Council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.

As required by law, the draft maps were made available on the City's website on March 8, 2022, at least seven days prior to the March 15th Public Hearing.

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SR-22-073
On March 14, 2022, the Demographer produced draft maps 1.1 and 3.1 based on public input received at the time.

Public Input
To date, the City Clerk has received public input from the following:
1) February 17, 2022 - Requita Grant
2) March 9, 2022 - Maribel Nunez
3) March 10, 2022 - Gary Gardner
4) March 10, 2022 - Victoria Doyle
5) March 14, 2022 - Melvin Nokleby
6) March 15, 2022 - Janet Bernabe
7) March 15, 2022 - Kent Andersen
8) March 15, 2022 - Maribel Nunez
9) March 15, 2022 - Robert Griffith
10) March 24, 2022 - Maribel Nunez (Black and Brown Redistricting Alliance) These submissions are attached and can also be viewed on the City's website.

DISCUSSION:

Public Hearing No. 4: Introduction of Ordinance
The purpose of tonight's Public Hearing is to offer the community and the City Council a final opportunity to comment, select a final map, and introduce for first reading, "An Ordinance of the City Council of the City of Desert Hot Springs, California, establishing a by-District Election Process Pursuant to California Elections Code Section 10010, and Adding New Sections to Chapter 2.04 of the Desert Hot Springs Municipal Code to Provide for City Council Election Districts." FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Draft Ordinance
Exhibit 2 - Draft Map No. 1
Exhibit 3 - Draft Map No. 1.1
Exhibit 4 - Draft Map No. 2
Exhibit 5 - Draft Map No. 3
Exhibit 6 - Draft Map No. 3.1
Exhibit 7 - Districting Public Input - Requita Grant
Exhibit 8 - Districting Public Input - Maribel Nunez
Exhibit 9 - Districting Public Input - Gary Gardner
Exhibit 10 - Districting Public Input - Victoria Doyle
Exhibit 11 - Districting Public Input - Melvin Nokleby
Exhibit 12 - Districting Public Input - Janet Bernabe
Exhibit 13 - Districting Public Input - Kent Andersen
Exhibit 14 - Districting Public Input - Maribel Nunez

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SR-22-073
Exhibit 15 - Districting Public Input - Robert Griffith Exhibit 16 - Districting Public Input - Maribel Nunez (Black and Brown Redistricting Alliance) Exhibit 17 - Staff Report from December 8, 2021
Exhibit 18 - Staff Report from February 15, 2022 (Hearing No. 1) Exhibit 19 - Staff Report from March 1, 2022 (Hearing No. 2) Exhibit 20 - Staff Report from March 15, 2022 (Hearing No. 3)

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ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS ESTABLISHING A BY-DISTRICT ELECTION PROCESS PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10010,
AND ADDING NEW SECTIONS TO CHAPTER 2.04 OF THE CITY OF

DESERT HOT SPRINGS MUNICIPAL CODE TO PROVIDE FOR CITY

COUNCIL ELECTION DISTRICTS
WHEREAS, the City of City of Desert Hot Springs currently elects its four Councilmember and one Mayor using an at-large election system; and WHEREAS, in the at-large election system, candidates may reside in any part of the City and each City Councilmember is elected by the voters of the entire City; and WHEREAS, in a by-district election system, a candidate for City Council must reside in the district which he or she wishes to represent, and only the voters of that district are entitled to vote to decide who their representative for that district will be; and WHEREAS, on November 1, 2021, the City received a letter from attorney Kevin Shenkman asserting that the City’s at-large electoral system violated the California Voting Rights Act and threatening litigation if the City declined to adopt by-district elections; and
WHEREAS, while Mr. Shenkman’s letter did not contain any evidence of a violation, the cost of defending against a claim under the California Voting Rights Act is extremely high, and spending such an expense would severely burden the City’s resources; and
WHEREAS, Section 34886 of the Government Code permits the City Council to adopt an ordinance to change the City’s method of election to a “by-district” system without being required to submit the ordinance to the voters for approval, subject to certain conditions; and
WHEREAS, the City wishes to avoid litigation and to take advantage of the provisions of Government Code section 34886, and therefore, pursuant to California Government Code section 34886, it is declared that this change in the method of electing members of the City of Desert Hot Springs City Council is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Elections Code sections 14025 et. seq.); and
WHEREAS, at its regular meeting on December 8, 2021, the City Council adopted Resolution No. 2021-071, a resolution of intent to transition to a by-district election system pursuant to Section 10010 of the Elections Code; and WHEREAS, pursuant to Section 10010 of the Elections Code, a city that changes from an at-large method of election to a by-district method of election shall hold at least two public hearings over a period of no more than thirty days, at which the public is invited to provide input regarding the composition of the districts before drawing a draft

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map or maps of the proposed boundaries of the districts; and WHEREAS, before any maps of the proposed boundaries of the districts were considered, the City held public hearings on February 15, 2022, and March 1, 2022, at which time input from the public on the proposed composition of the districts were invited and heard; and
WHEREAS, on and prior to holding the third public hearing on March 8, 2022, pursuant to Section 10010 of the Elections Code, the City published and made available for public review draft maps for consideration by the City Council; and WHEREAS, the City also conducted several public workshops where the public was invited on February 17, 2022, February 24, 2022 and March 9, 2022; and WHEREAS, pursuant to Section 10010 of the Elections Code, the City held a third public hearing on March 15, 2022, at which the public was invited to provide input regarding the content of the draft maps and the potential sequence of elections; and WHEREAS, after the close of the public hearing on March 15, 2022, the City Council provided input as to the draft maps, published and made available for public review such draft maps selected by the City Council for further consideration pursuant to Section 10010 of the Elections Code; and
WHEREAS, pursuant to Section 10010 of the Elections Code, the City held a fourth public hearing on April 5, 2022, where the public provided input regarding the content of the “focus” maps, and the City Council worked on a “preferred” map with the City’s demographer and discussed the potential sequence of elections; and WHEREAS, it is the position of the City Council that map number _____, attached hereto as Exhibit A, will serve the best interests of the City of City of Desert Hot Springs and be consistent with the California Voting Rights Act and applicable laws; and WHEREAS, map number ____, attached hereto as Exhibit A, is selected and adopted by the City Council as the final district map in the creating of a by-district election system in the City of City of Desert Hot Springs.

NOW, THEREFORE, the City Council of the City of City of Desert Hot Springs does hereby ordain as follows:

Section 1. RECITALS
The recitals above are hereby incorporated.

Section 2. PURPOSE AND DECLARATION
The purpose of this Ordinance is to enact, pursuant to Government Code Section 34886, an ordinance providing for the by-district election process to elect members of the City of Desert Hot Springs City Council in four (4) single-member districts, with one (1) Mayor to be voted at-large pursuant to California Elections Code Section 10010.

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Pursuant to Government Code section 34886, it is declared that this change in the method of electing members of the City Council of the City of City of Desert Hot Springs is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Elections Code Sections 14025 et. seq.)
Section 3. CITY COUNCIL DISTRICTS
The City of City of Desert Hot Springs is hereby divided into four (4) City Council Districts with the boundaries of the districts as shown in Exhibit A attached hereto and incorporated herein by reference, and one (1) Mayor to be voted at-large.

Section 4. ADDITION TO DESERT HOT SPRINGS MUNICIPACL CODE Sections 2.04.010, 2.04.020, and 2.04.030 are hereby added to the City of Desert Hot Springs Municipal Code to read as follows:

2.04.010 City council by-district electoral system.

Pursuant to Government Code Section 34886 and the schedule established in Section

2.04.020 of this Chapter, commencing with the November 2022, General Municipal Election, four members of the City of Desert Hot Springs City Council shall be elected by districts 1, 2, 3 and 4, with one (1) Mayor at large. The City’s by-district electoral system shall be conducted in accordance with California law.

2.04.020 Establishment of city council electoral districts.

A. Pursuant to Section 2.04.090 of this Chapter, members of the City of Desert Hot Springs City Council from Council Districts ____ and ____ shall be elected on a bydistrict basis as that term is defined in Government Code Section 34871(a), beginning with the General Municipal Election in November 2022 and every four years thereafter, as such Council Districts may be amended from time to time pursuant to applicable law.

B. Pursuant to Section 2.04.090 of this Chapter, members of the City of Desert Hot Springs City Council from Council Districts 2 and 4 shall be elected on a by-district basis as that term is defined in Government Code Section 34871(a), beginning with the General Municipal Election in November 2024 and every four years thereafter, as such Council Districts may be amended from time to time pursuant to applicable law. One (1) Mayor shall be voted at-large, beginning November 2024.

C. Only the registered voters residing in the Council District may vote for candidates running for City Council in that District.

D. Notwithstanding any other provision of this Section, each of the Councilmembers in office at the time this Chapter takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified.

Vacancies in Councilmember offices elected at-large at the time this Chapter takes effect may be filled by the City Council from the City at-large pursuant to applicable law until the expiration of that at-large term. At the end of the term of each Councilmember,

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that member’s successor shall be elected on a by-district basis in the Council Districts established herein and as subsequently reapportioned as provided by law. A vacancy in a Councilmember office elected by-district shall be filled by a person qualified to hold the office in that vacant Council District pursuant to applicable law.

2.04.030 Map of council districts.

The City Clerk shall maintain a map of the City showing the current boundaries and numbers of each Council District as they are established and may be amended from time to time by ordinance of the City Council. The map of the initial Council Districts is attached hereto as Exhibit A and incorporated herein by reference.

Section 5. CEQA
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).).

Section 6. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 7. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.

Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.

Section 9. EFFECTIVE DATE
That this ordinance shall be effective as provided by law.

Section 10. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

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PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ____ day of ___________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
__________________________________ ________________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
__________________________________
Jennifer Mizrahi, City Attorney

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EXHIBIT A
Map of Council Districts

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DRAFT MAP #1
2

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Population Deviation % Deviation Latino White Black American Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
1 8201 14 0.2% 77.0% 12.7% 6.8% 0.7% 1.2% 0.1% 0.8% 0.6% 8137 2 8142 -45 -0.5% 51.4% 34.1% 7.7% 1.6% 3.4% 0.3% 1.0% 0.5% 8102 3 8220 33 0.4% 61.4% 22.9% 10.2% 1.5% 2.2% 0.2% 0.9% 0.7% 8147 4 8184 -3 0.0% 54.7% 29.3% 9.5% 1.1% 3.3% 0.3% 1.2% 0.6% 8126 City 32747 61.1% 24.7% 8.5% 1.3% 2.5% 0.2% 1.0% 0.6% 32512 Latino White Black American
Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
Latino White Black Asian All Other
1 73.7% 15.6% 7.0% 0.8% 1.5% 0.1% 0.7% 0.6% 54.8% 24.5% 16.5% 3.1% 1.1% 2 45.6% 39.5% 7.2% 2.0% 3.8% 0.3% 1.0% 0.5% 33.6% 51.2% 10.5% 3.5% 1.1% 3 56.8% 27.5% 9.5% 1.6% 2.7% 0.3% 1.0% 0.7% 36.0% 46.0% 13.7% 2.5% 1.7% 4 49.0% 35.6% 8.2% 1.3% 3.7% 0.3% 1.2% 0.5% 32.6% 47.4% 14.4% 3.6% 2.1% City 56.0% 29.8% 8.0% 1.4% 3.0% 0.2% 1.0% 0.6% 38.8% 42.7% 13.8% 3.2% 1.5% District
Less than
$35K
$35K to
$74,999
$75K to
$149,999
$150K or
More
Income
Below
Poverty
No High
School
Diploma
No College
Degree
Any
College
Degree
Owner
Occupied
Housing
English
Only Spanish Asian Language
Other
Language
1 54.8% 30.9% 13.4% 0.9% 34.7% 33.6% 49.4% 17.0% 42.5% 46.4% 48.4% 2.6% 2.6% 2 42.3% 33.4% 20.1% 4.3% 25.8% 18.9% 59.0% 22.1% 57.4% 67.4% 28.2% 1.9% 2.4% 3 57.8% 26.0% 12.7% 3.4% 32.1% 26.8% 59.5% 13.7% 33.6% 63.5% 33.2% 1.7% 1.6% 4 48.7% 33.5% 15.6% 2.2% 27.4% 24.0% 54.7% 21.3% 50.2% 50.0% 46.5% 1.7% 1.9% City 51.0% 30.9% 15.4% 2.7% 30.1% 25.9% 55.6% 18.5% 45.8% 56.2% 39.7% 2.0% 2.1% Household Income
2020 Census State Adjusted Population
Desert Hot Springs Draft Map 1
2020 Census
Unadjusted
Education Level
2019 American Community Survey Socio-economic Characteristics 2020 Census State Adjusted Voting Age Population 2019 Tabulation Citizen Voting Age Population Language Spoken at Home
Population
9

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DRAFT MAP #1.1
2

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3 DRAFT MAP #1.1

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4 DRAFT MAP #1.1

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5 DRAFT MAP #1.1

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7 DRAFT MAP #1.1

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Population Deviation % Deviation Latino White Black American Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
1 8222 35 0.4% 72.5% 17.5% 6.0% 0.9% 1.5% 0.1% 0.9% 0.5% 8161 2 8253 66 0.8% 51.9% 32.6% 8.9% 1.6% 3.2% 0.3% 0.9% 0.6% 8212 3 8139 -48 -0.6% 59.8% 24.7% 9.3% 1.7% 2.5% 0.3% 1.0% 0.7% 8070 4 8133 -54 -0.7% 60.4% 24.0% 9.9% 0.9% 2.8% 0.3% 1.1% 0.7% 8069 City 32747 61.1% 24.7% 8.5% 1.3% 2.5% 0.2% 1.0% 0.6% 32512 Latino White Black American
Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
Latino White Black Asian All Other
1 68.0% 21.5% 6.1% 0.9% 1.9% 0.1% 0.8% 0.6% 47.6% 33.4% 13.2% 4.4% 1.2% 2 46.4% 38.1% 8.2% 1.9% 3.6% 0.3% 0.9% 0.6% 36.8% 47.9% 11.1% 3.1% 1.1% 3 55.1% 29.5% 8.7% 1.8% 3.1% 0.3% 1.0% 0.6% 35.0% 48.3% 12.0% 2.7% 1.9% 4 55.0% 29.6% 8.9% 1.1% 3.3% 0.3% 1.2% 0.5% 36.6% 40.1% 18.8% 2.7% 1.9% City 56.0% 29.8% 8.0% 1.4% 3.0% 0.2% 1.0% 0.6% 38.8% 42.7% 13.8% 3.2% 1.5% District Less than
$35K
$35K to
$74,999
$75K to
$149,999
$150K or
More
Income
Below
Poverty
No High
School
Diploma
No
College
Degree
Any
College
Degree
Owner
Occupied
Housing
English
Only Spanish Asian Language
Other
Language
1 56.3% 32.5% 10.8% 0.4% 35.0% 34.9% 47.7% 17.4% 47.2% 42.3% 51.8% 2.9% 3.0% 2 43.3% 32.4% 19.5% 4.9% 25.8% 18.2% 60.3% 21.5% 55.5% 69.6% 26.5% 1.7% 2.2% 3 55.2% 26.5% 15.0% 3.3% 31.3% 25.1% 60.6% 14.3% 35.3% 64.7% 32.0% 1.8% 1.5% 4 49.1% 32.5% 16.2% 2.2% 27.8% 25.1% 53.8% 21.2% 45.7% 50.2% 46.6% 1.6% 1.7% City 51.0% 30.9% 15.4% 2.7% 30.1% 25.9% 55.6% 18.5% 45.8% 56.2% 39.7% 2.0% 2.1% 2019 American Community Survey Socio-economic Characteristics Household Income Education Level Language Spoken at Home Desert Hot Springs Draft Map 1.1
2020 Census State Adjusted Population 2020 Census
Unadjusted
Population
2020 Census State Adjusted Voting Age Population 2019 Tabulation Citizen Voting Age Population 9

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DRAFT MAP #2
10

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Population Deviation % Deviation Latino White Black American Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
1 8087 -100 -1.2% 76.4% 13.0% 7.6% 0.7% 1.0% 0.1% 0.6% 0.5% 8010 2 8057 -130 -1.6% 49.6% 36.4% 7.0% 1.5% 3.6% 0.3% 1.0% 0.5% 8025 3 8245 58 0.7% 60.3% 23.8% 9.9% 1.7% 2.3% 0.2% 1.2% 0.7% 8184 4 8358 171 2.1% 58.3% 25.8% 9.6% 1.2% 3.1% 0.3% 1.1% 0.6% 8293 City 32747 61.1% 24.7% 8.5% 1.3% 2.5% 0.2% 1.0% 0.6% 32512 Latino White Black American
Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
Latino White Black Asian All Other
1 73.2% 15.7% 7.8% 0.8% 1.4% 0.1% 0.5% 0.5% 53.2% 26.0% 16.6% 2.9% 1.3% 2 43.6% 42.3% 6.6% 1.7% 4.0% 0.2% 1.1% 0.5% 29.7% 55.5% 8.4% 4.6% 1.7% 3 55.1% 28.8% 9.2% 1.9% 2.8% 0.3% 1.2% 0.7% 40.1% 40.9% 15.3% 2.6% 1.0% 4 53.6% 31.1% 8.4% 1.3% 3.5% 0.4% 1.2% 0.6% 34.9% 45.3% 15.3% 2.7% 2.0% City 56.0% 29.8% 8.0% 1.4% 3.0% 0.2% 1.0% 0.6% 38.8% 42.7% 13.8% 3.2% 1.5% District
Less than
$35K
$35K to
$74,999
$75K to
$149,999
$150K or
More
Income
Below
Poverty
No High
School
Diploma
No College
Degree
Any
College
Degree
Owner
Occupied
Housing
English
Only Spanish Asian Language
Other
Language
1 56.1% 29.2% 13.7% 1.1% 34.9% 33.2% 51.2% 15.6% 34.6% 49.8% 45.5% 2.5% 2.3% 2 42.5% 32.7% 21.2% 3.6% 25.6% 20.4% 56.1% 23.5% 65.6% 59.7% 35.7% 2.3% 2.4% 3 54.5% 29.8% 11.8% 3.8% 31.7% 26.6% 58.1% 15.3% 42.3% 61.6% 34.5% 1.7% 2.3% 4 51.0% 31.8% 14.9% 2.2% 28.2% 23.9% 56.7% 19.4% 41.1% 54.3% 42.6% 1.5% 1.6% City 51.0% 30.9% 15.4% 2.7% 30.1% 25.9% 55.6% 18.5% 45.8% 56.2% 39.7% 2.0% 2.1% 2019 American Community Survey Socio-economic Characteristics Household Income Education Level Language Spoken at Home Desert Hot Springs Draft Map 2
2020 Census State Adjusted Population 2020 Census
Unadjusted
Population
2020 Census State Adjusted Voting Age Population 2019 Tabulation Citizen Voting Age Population 17

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DRAFT MAP #3
18

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Population Deviation % Deviation Latino White Black American Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
1 8201 14 0.2% 77.0% 12.7% 6.8% 0.7% 1.2% 0.1% 0.8% 0.6% 8137 2 7922 -265 -3.2% 49.6% 35.6% 7.8% 1.6% 3.6% 0.3% 1.0% 0.6% 7892 3 8140 -47 -0.6% 59.0% 25.0% 9.8% 1.8% 2.3% 0.2% 1.1% 0.7% 8067 4 8484 297 3.6% 58.7% 25.9% 9.7% 1.0% 2.9% 0.3% 1.0% 0.6% 8416 City 32747 61.1% 24.7% 8.5% 1.3% 2.5% 0.2% 1.0% 0.6% 32512 Latino White Black American
Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
Latino White Black Asian All Other
1 73.7% 15.6% 7.0% 0.8% 1.5% 0.1% 0.7% 0.6% 54.8% 24.5% 16.5% 3.1% 1.1% 2 44.2% 40.8% 7.2% 1.9% 4.0% 0.3% 1.0% 0.6% 32.4% 51.9% 10.7% 3.5% 1.4% 3 54.2% 30.0% 9.0% 1.8% 2.9% 0.3% 1.1% 0.7% 37.2% 46.1% 12.6% 2.8% 1.3% 4 52.9% 32.0% 8.6% 1.2% 3.4% 0.3% 1.1% 0.4% 32.2% 46.7% 15.4% 3.5% 2.3% City 56.0% 29.8% 8.0% 1.4% 3.0% 0.2% 1.0% 0.6% 38.8% 42.7% 13.8% 3.2% 1.5% District
Less than
$35K
$35K to
$74,999
$75K to
$149,999
$150K or
More
Income
Below
Poverty
No High
School
Diploma
No College
Degree
Any
College
Degree
Owner
Occupied
Housing
English
Only Spanish Asian Language
Other
Language
1 54.8% 30.9% 13.4% 0.9% 34.7% 33.6% 49.4% 17.0% 42.5% 46.4% 48.4% 2.6% 2.6% 2 40.5% 33.9% 21.2% 4.4% 24.5% 17.5% 59.7% 22.8% 60.2% 69.7% 26.0% 1.9% 2.4% 3 54.8% 28.0% 13.6% 3.6% 32.2% 25.8% 59.6% 14.6% 37.1% 62.8% 33.7% 1.7% 1.8% 4 52.6% 31.4% 14.1% 1.9% 28.3% 26.0% 53.8% 20.2% 45.3% 48.9% 47.7% 1.7% 1.7% City 51.0% 30.9% 15.4% 2.7% 30.1% 25.9% 55.6% 18.5% 45.8% 56.2% 39.7% 2.0% 2.1% 2019 American Community Survey Socio-economic Characteristics Household Income Education Level Language Spoken at Home Desert Hot Springs Draft Map 3
2020 Census State Adjusted Population 2020 Census
Unadjusted
Population
2020 Census State Adjusted Voting Age Population 2019 Tabulation Citizen Voting Age Population 25

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DRAFT MAP #3.1
2

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3 DRAFT MAP #3.1

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4 DRAFT MAP #3.1

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5 DRAFT MAP #3.1

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6 DRAFT MAP #3.1

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7 DRAFT MAP #3.1

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8 DRAFT MAP #3.1

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Population Deviation % Deviation Latino White Black American Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
1 8205 18 0.2% 74.2% 15.4% 6.6% 0.9% 1.4% 0.1% 0.9% 0.5% 8141 2 7797 -390 -4.8% 51.3% 33.7% 8.4% 1.6% 3.3% 0.3% 0.9% 0.6% 7761 3 8296 109 1.3% 63.5% 21.4% 9.6% 1.5% 2.2% 0.3% 0.9% 0.6% 8218 4 8449 262 3.2% 55.2% 28.8% 9.6% 1.1% 3.2% 0.3% 1.2% 0.7% 8392 City 32747 61.1% 24.7% 8.5% 1.3% 2.5% 0.2% 1.0% 0.6% 32512 Latino White Black American
Indian Asian
Hawaiian
Pacific
Islander
Other Race
Multi
Minority
Race
Latino White Black Asian All Other
1 70.6% 18.6% 6.6% 0.9% 1.7% 0.1% 0.8% 0.6% 51.7% 29.7% 14.3% 3.4% 0.7% 2 45.8% 39.1% 7.8% 1.9% 3.6% 0.3% 0.9% 0.6% 35.6% 49.1% 10.9% 3.3% 1.1% 3 58.9% 25.9% 9.1% 1.6% 2.7% 0.3% 1.0% 0.5% 36.9% 43.8% 14.7% 2.6% 1.9% 4 49.4% 35.1% 8.4% 1.3% 3.7% 0.3% 1.2% 0.6% 32.8% 46.7% 14.9% 3.5% 2.2% City 56.0% 29.8% 8.0% 1.4% 3.0% 0.2% 1.0% 0.6% 38.8% 42.7% 13.8% 3.2% 1.5% District Less than
$35K
$35K to
$74,999
$75K to
$149,999
$150K or
More
Income
Below
Poverty
No High
School
Diploma
No
College
Degree
Any
College
Degree
Owner
Occupied
Housing
English
Only Spanish Asian Language
Other
Language
1 56.7% 32.4% 10.3% 0.6% 35.4% 34.8% 48.3% 16.9% 44.5% 43.8% 50.4% 2.7% 3.0% 2 42.2% 32.7% 20.3% 4.9% 25.1% 17.6% 60.4% 21.9% 57.1% 70.1% 25.9% 1.7% 2.3% 3 56.5% 25.1% 15.2% 3.3% 32.2% 26.5% 59.2% 14.3% 32.4% 63.6% 33.2% 1.9% 1.4% 4 48.3% 33.5% 16.1% 2.2% 27.1% 24.2% 54.7% 21.1% 49.9% 50.1% 46.5% 1.6% 1.9% City 51.0% 30.9% 15.4% 2.7% 30.1% 25.9% 55.6% 18.5% 45.8% 56.2% 39.7% 2.0% 2.1% 2019 American Community Survey Socio-economic Characteristics Household Income Education Level Language Spoken at Home Desert Hot Springs Draft Map 3.1
2020 Census State Adjusted Population 2020 Census
Unadjusted
Population
2020 Census State Adjusted Voting Age Population 2019 Tabulation Citizen Voting Age Population 9

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2 Requita Grant
‐‐
Requita Grant
Bus.

Chair, Desert Hot Springs Parks and Recreation Committee 2021 Desert Hot Springs Planning Commission, Commissioner 2021‐2022 Project Management Consultant, Focus on the Invisible Not The Physical‐ March 2020‐Present Project Management Consultant‐Cupcake‐ January 2021‐Present Chair, Arroyo Drive Street Renaming Committee‐ January 2019‐Present Chair, Palm Springs Arts Now Community 2017‐2018
Non‐Profit Management Strategist
Special Education Children and Parent Advocate
Advocate Member, Council of Parent Attorneys and Advocates Chair and Event Director, Vietnam Moving Wall Memorial, Desert Hot Springs, June 2017 Desert Hot Springs Community & Cultural Affairs Commission, Vice‐Chair 2016‐2018 A picture is a poem without words‐ Horace
The principles of true art is not to portray, but to evoke. ‐ Jerry Kosinski As my artist’s statement explains, my work is utterly incomprehensible and is therefore full of deep significance.‐ Calvin (Calvin & Hobbes)
Be the change you want to see in the world.‐Mahatma Gandhi My life is my message.‐Mahatma Gandhi
To understand the heart and mind of a person, look not at what he has already achieved, but what he aspires to do. ‐ Khalil Gibran
Sent from Gmail Mobile for iPhone

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3 CONFIDENTIALITY NOTICE:

The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or their agent, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, copying, or storage of this message or its attachments is strictly prohibited.

Note: You must follow all steps below

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Jer|_'x| Soriano
From: [email protected]
Sent: Wednesday, March 9, 2022 4:21 PM
To: CityClerk
Subject New submission from Public Comment Form on Communities of Interest CAUTION: This email originated from outside of our organization. Do not click on links or open attachments ' unless you recognize the sender and know that the content is safe. Thank you.

Name
Maribel Nunez
Date
03/09/2022
Email
Phone
1) What is the name of the neighborhood where you reside? My name is Maribel Nunez, trom Inland Equity Partnership and part of the Brown and Black Redistricting Alliance and consulting with Mexican American Legal Detense Education Fund (MALDEF) and work all of Desert Hot Springs. 2) How do you describe your community to someone who hasn't visited? What streetslboundaries de?ne your community?
We are low income, people of color community.
3) What are the major culturallrecreationalleducationallreli 'ous institutions in your community? We would like to protect minority groups and uphold the Voting Rights Act. 4) Does your community have major geographical boundarieslfeatures (freeways, parks, lakes, mountains)? We are still having resident testimonies communities ot interest in order to include in future comments.

Other Comments:
we can maximize the Latino citizen voting age population into more districts. None ofthe current dratt maps do that.

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1 Jerryl Soriano
From: Gary Gardner
Sent: Thursday, March 10, 2022 5:13 PM
To: Jerryl Soriano
Subject: more on districting
Please pass this on:

To add to my previous comment, if we are truly working to keep communities of interest and neighborhoods intact, you should attempt to keep the area bounded by Pierson Blvd on the North, Two Bunch Palms Trail on the South, West Dr or Cactus Dr on the east and Atlantic Ave on the west intact as much as possible. This is a very distinct, compact area and is very much a neighborhood or community with common interests.

Thanks.

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1 Jerryl Soriano
From: Gary Gardner
Sent: Thursday, March 10, 2022 3:55 PM
To: Jerryl Soriano
Subject: Districting Maps Comments
Please pass this on to the demographers:

It is clear that the first draft maps were an attempt to balance the population only and really were not cognizant of the neighborhoods and communities of interest. Please let me give you some feedback regarding district #1s boundaries on all three of the maps.

On all three maps the neighborhood of Desert Willows is carved out of the district. It is bounded by Atlantic Ave on the west, and Cholla Drive on the East, and Pierson Blvd on the north and Flora Ave on the South. All of this neighborhood is contiguous with the area immediately to the east and should be included in the same neighborhood as the rest of District one.

Further, the Northern boundary of District One between Cholla and West Drive is drawn on Acoma Ave and should be on Pierson Blvd. There are only 10 houses on Acoma Ave in those blocks, and they are part of the contiguous neighborhood to the east and south and should be included there. I reside on Buena Vista Ave. between Cholla and West and that needs to remain in District 1 as well.

There were a number of residents in this area who offered similar comments at the meeting on 3/9.

Lastly, I would concur with the suggestion made by my fellow council member Roger Nunez, that perhaps we should consider having two districts in the city that each elect two members of the council from that district. This would, if done right, include the area where a district presently doesn't have an incumbent and wouldn't vote on one until 2024. Whether this passes the CVRA or not I don't know, but it is somewhat similar to what the city of Palm Desert did, and I believe is worth exploring.

Thanks for all your hard work on this. I look forward to the next round of maps.

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1 Jerryl Soriano
From: Victoria Doyle
Sent: Thursday, March 10, 2022 4:15 PM
To: Jerryl Soriano
Subject: Redistricting
CAUTION: This email originated from outside of our organization. Do not click on links or open attachments unless you recognize the sender and know that the content is safe. Thank you.

Just want to reinforce that Draft Map 2 is totally unacceptable. District 2 is too big and dwarfs Districts 1 and 3. I understand the population criteria and still think this is wrong and gives too much potential power to District 2 over the next 10 years. Draft maps 1 and 3 make more sense.

Thank you,
Victoria Doyle
Sent from my iPhone

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JerrylSoriano
From: Janet Bernabe
Sent: Tuesday, March 15, 2022 7:48 PM
To: CityClerk; Gary Gardner; Jan Pye; Russell Betts; Roger Nu?et Scott Matas Subject Public Comment: Agenda Item 5 District Elections public hearing :CAUTION: This email originated from outside of our organization. Do not click on links or open attachments ' unless you recognize the sender and know that the content is safe. Thank you.

Dear Mayor and City Council Members:

My name is Janet Bernabe, the Organizing Director for the Center for Community Action and Environmental Justice CCAE and part of the Brown and Black Redis cting Alliance. The Brown and Black Redistricting Alliance has been working with Desert Hot Springs Residents and getting consultation from Mexican American Legal Defense and Education Fund (MALDEF).The current state law, the Fair Maps Act requires cities to assure there are enough public hearing and resident turnout. In observing the last couple of public hearings, there has been low resident turnout and more community input is needed.

In looking at the current draft maps, it doesn't reflect the various Voting Rights Act and Communities of interest based of the Desert Hot Springs resident feedback I have gotten and have heard during resident public comments in the past DHS redistricting public workshop and public hearings.

Also we need to do a racial polarized voting data analysis and report to evaluate minority voters trends and assure that DHS has DHS district maps that are best aligned with the Voting Right Act, The Brown and Black Redistricting Alliance will be monitoring upcoming DHS redistricting public hearings and will both convene residents and collect testimonies. We will submit a public map by Thursday, March 24th. DHS City Clerk Jerryl Soriano, via e-mail said March 24th is deadline to submit community draft map.

Thank you,
Janet Bern.-Abe
Organizing Director
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'we cannot seek achievennenlfbr ourselves amlforgct uheurpmgress andpruspaily?zr our community... Our ambitions must be broad enough to include the aspirations and needs ofothers,fortheir sakes andforour own. "
. Cesar Chavez
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Jer|_'x| Soriano
From: Kent 81Jenny
Sent: Tuesday, March 15, 2022 6:47 AM
To: CityClerk
Subject Public Comment—item #5 8Lnon aqenda
Attachments: voting districts.jpg; City Council 3—15—22.d0cx 5 CAUTION: This email originated from outside of our organization. Do not click on links or open attachments ' unless you recognize the sender and know that the content is safe. Thank you.

Hi,
I wish to submit my revised map for voter districts. I believe Pierson Blvd. makes a natural boundary between districts 1 & 2. I want to keep my neighborhood together not have my area on Via Loreto stuck in district 2. I have also included a letter to bring up again my concerns on STRs and police staf?ng.

Thank you
Kent Andersen
Sent from Mail for Windows

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Jer|_'xl Soriano
Sent: Tuesday, March 15, 2022 4:35 PM
To: CityClerk; Roger Nunez; Scott Matas; Gary Gardner; Russell Betts; Jan Pye Subject public comment: Agenda Item 5 District Elections public hearing i
CAUTION: This email originated from outside of our organization. Do not click on links or open attachments ' unless you recognize the sender and know that the content is safe. Thank you.

Dear Mayor and City Council Members:

My name is Maribel Nunez, work in the City of Desert of Hot Springs and part of the Brown and Black Redistricting Alliance. The Brown and Black Redistricting Alliance has been working with Desert Hot Springs Residents and getting consultation from Mexican American Legal Defense and Education Fund (MALDEF).The current state law, the Fair Maps Act requires cities to assure there are enough public hearing and resident turnout. In observing the last couple of public hearings, there has been low resident turnout and more community input is needed.

Thank you for your time,
Maribel Nunez
Brown and Black Redistricting Alliance

Page 71 of 176 ends

Jer|_'x| Soriano
From: [email protected]
Sent: Tuesday, March 15, 2022 2:01 PM
To: CityClerk
Subject New submission from Public Comment Form on Communities of Interest CAUTION: This email originated from outside of our organization. Do not click on links or open attachments ' unless you recognize the sender and know that the content is safe. Thank you.

Name
Robert Gritlith
Date
03/15/2022
Email
Phone
1) What is the name of the neighborhood where you reside? Wardman Heights
2) How do you describe your community to someone who hasn't visited? What streetslboundaries de?ne your community?
A quiet, working class, residential community
3) What are the major culturallrecreationalleducationallreligious institutions in your community? St Elizabeths, the church at 8th and Palm, The church at Mesquite and Pierson (across trom St Elizabeths), the LDS church at Pierson and Verbena
4) Does your community have major geographical boundarieslfeatures (freeways, parks, lakes, mountains)? Flood channel at Mission Lakes Blvd, Palm Dr, Pierson
Other Comments:

I think map 1.1 is the best option. Previous maps have homes east ofverbena included in Disctrict 4 but those homes are more ot the neighborhood of District 3 than they would be with the homes in Hacienda Heights. Other maps have District 3 extending to Ironwood but Hacienda is a good stopping point. District 4 in map 1.1 does not extend west across Palm so it makes the district more geographically concise.

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1 Jerryl Soriano
From: Maribel Nunez <[email protected]> Sent: Thursday, March 24, 2022 5:04 PM
To: City Clerk; Gary Gardner; Jan Pye; Russell Betts; Roger Nuñez; Scott Matas Cc: @gmail.com; @gmail.com; Ana Gonzalez;
@gmail.com; Janet Bernabe
Subject: DHS Map submission: Two District Map (Brown and Black Redistricting Alliance.

Attachments: DesertHotSprings_BlockEquiv_CommunityTwoDistPlan.csv; DesertHotSprings_CommunityTwoDistPlan.jpg; Map Narrative_Desert Hot Springs Two District.pdf

CAUTION: This email originated from outside of our organization. Do not click on links or open attachments unless you recognize the sender and know that the content is safe. Thank you.

Dear Desert Hot Springs Mayor, Mayor Pro Tem and City Council:

My name is Maribel Nunez, from Brown and Black Redistricting Alliance. In partnership with Desert Hot Springs residents, we would like to submit our Desert Hot Springs two district map "District 1 & District 3". Attached is our map, map narrative, and block files.

Our group will also submit public comments regarding Draft Map 1. This two district map comes from Draft Map #

1. We combined Draft Map 1's District 1 and District 2 into "District 1". We combined Draft Map's District 3 and District 4 into "District 3".

We received technical assistance from the Mexican American Legal Defense Education Fund (MALDEF) Our map qualifies equal population, below deviation and criteria for creating a redistricting map.

I also cc'd Desert Hot Springs residents that helped with map and map narrative.

Best,
Maribel Nunez, Inland Equity Partnership
Ana Gonzalez
Brown and Black Redistricting Alliance
(562) 569-4051

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1 Brown and Black Redistricting Alliance Community Map:

Desert Hot Springs Two District Map Narrative
(combined two districts from Desert Hot Springs Draft Map 1)

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2 District 1 MAP NARRATIVE
LCVAP: 44.28%
BCVAP: 13.05%
ACVAP: 2.81%
Hi, my name is Maribel Nunez, and help co-convene the Brown and Black Redistricting Alliance. We are submitting this two district map and received input from Desert Hot Springs residents. We are combining from Desert Hot Springs Draft Map 1 (District 1 and District 2) for our community map District 1.

I’d like you to keep my community together [District 1/blue color]. Citizen Voting Age Population of minorities (including Black, Hispanic, Asian and Native Americans in this drawn district 1 map.The people that live in my community are mainly populated by Latino Citizen Voting Age Population that consists of 44.28%, Black Citizen Voting Age Population 13.05% and Asian Pacific Citizen Age Population 2.81%. Based on the minorities citizen voting age population, District 1 is a Minority Majority district. District 1 includes Eastern part of Desert Hot Springs.

In this proposed district 1 map, include Wardman Park, Guy J Tedesco Park, Desert Hot Springs High School, Painted Hills MIddle School, Cabot Yerxa Elementary School In district 1, the type of city services we have are: community center, city gym, public pool, city park with a baseball field and a dog park. We also have a senior center In this district, people come together, we have a few churches and a community center with indoor basketball courts. Common issues include Affordable housing, tough on crime, situation with unhoused folks, work to decrease racial issues at the high school. District 1 is a very diverse community that has a high number of bilingual speaking community members This district's socioeconomic characteristics include diversity of community members in regards to occupation is very extensive as it ranges from low paying jobs such as landscapers, hospitality workers to educators, business owners and professionals. Somewhat recently, we had the first annual Dia de los Muertos community event, but the city has been celebrating a tree lighting and Christmas parade and festival. Service providers we have in this region include Angel View has a thrift shop as well as client homes where folks with disabilities live.

We have unionized grocery stores, cannabis cultivation warehouses, and spa hotels.

We have Unionized grocery stores, elementary, middle school and high school, senior center, county offices, and various denominational places of worship.

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3 District 3 MAP NARRATIVE
LCVAP: 34.45%
BCVAP: 14.4%
ACVAP: 3.13%
I’d like you to keep my community together [district 1/blue color]. We are combining from Desert Hot Springs Draft Map 1 (District 3 and District 4) for our community map District 3.

Citizen Voting Age Population of minorites (including Black, Hispanic, Asian and Native Americans in this drawn district 3 map.The people that live in my community are mainly populated by Latino Citizen Voting Age Population that consists of 34.45%, Black Citizen Voting Age Population 14.4% and Asian Pacific Citizen Age Population 3.13%. Based on the minorities citizen voting age population, District 3 is a Minority leaning district.

City services we have a highly used soccer park, county library, and mental health facility.

Important places, people come together, Soccer park, library, catholic church as well as other denominational places of worship. Issues we have in District3, Affordable housing, tough on crime, situation with unhoused folks, work to decrease racial issues at the high school. District as well, is a very diverse community that has a high number of bilingual speaking community members. District 3 socioeconomic characteristics include diversity of community members in regards to occupation is very extensive as it ranges from low paying jobs such as landscapers, hospitality workers to educators, business owners and professionals.

Somewhat recently, we had the first annual Dia de los Muertos community event, but the city has been celebrating a tree lighting and Christmas parade and festival. Businesses include Angel View has a thrift shop as well as client homes where folks with disabilities live.

In district 3, the biggest employer is Spa hotels. Significant landmarks Cabot Yerxa Museum, Mission Springs Park, grocery stores.The gathering places and service providers: Elementary and middle schools, various denominational places of worship, mental health facilities, and county library.

We received technical assistance from the Mexican American Legal Defense Education Fund.

Best,
Maribel Nunez
Brown and Black Redistricting Alliance

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SR-21-295
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 8, 2021
Department: City Clerk
Prepared by: Jennifer Mizrahi, City Attorney
Subject: Resolution Declaring Intention to Transition From At-Large to By-District Elections and Setting Forth the Process for Transitioning to By-District Elections
RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intent to transition from at-large to by-district elections and setting forth the process for transitioning to by-district elections.

BACKGROUND:

The Desert Hot Springs Municipal Code provides that members of the City Council are currently elected by at-large elections, as each member is elected by the registered voters of the entire city. The California Voting Rights Act (the "CVRA") became law in 2003 and provides a means for prospective plaintiffs to allege racially polarized voting and to seek a change from a jurisdiction's at-large election system to a different system, typically a by-district or by-division election system where only registered voters within a specific district may vote for a candidate running from their specific district, and also allows for the recovery of a plaintiffs' attorneys' fees.

A violation of the CVRA may be established if it is shown that racially polarized voting has combined with an at-large voting system to impair the ability of a protected class of voters to elect candidates of its choice or to influence the outcome of an election. "Racially polarized voting" under the CVRA means voting in which there is a difference between the choice of candidates or other electoral choices that are preferred by voters in a protected class and in the choice of candidates and electoral choices preferred by voters in the rest of the electorate.

On November 1, 2021, the City received a certified letter from attorney Kevin I. Shenkman of the law firm Shenkman & Hughes, on behalf of his client, the Southwest Voter Registration Project, asserting that the City's at-large election system may violate the CVRA and threatening litigation if the City does not voluntarily transition to a district-based election system for electing its City Council. The City denies that its election system violates the CVRA or any other similar law whatsoever in connection with the manner in which it has conducted its City Council elections.

The City Council has nevertheless determined that the public interest would be served by transitioning to a district-based electoral system because of (1) the high cost to defend against a CVRA lawsuit, (2) the risk of losing such a lawsuit, which would require the City to pay the prevailing plaintiffs’ attorneys’ fees and costs, and (3) the availability of changing to district elections under the safe harbor provisions.

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The City Council expresses its desire and intent that the district-based election system be implemented in a way that will minimize divisiveness in the community. The Resolution (Exhibit 1) establishes the City’s compliance with Elections Code Section 10010, and a step-by-step process for the transition, which requires significant public participation.

Procedure
Prior to the City's consideration and approval of an ordinance establishing boundaries for a by-district election system, Elections Code Section 10010 outlines procedural rules and requires all of the following steps:

A) Prior to drawing a draft map or maps of the proposed boundaries of the districts, the City shall hold at least two (2) public hearings over a period of no more than thirty (30) days, at which the public will be invited to provide input regarding the composition of the districts; B) After all maps are drawn, the City shall publish and make available for release at least one draft map, if members of the City Council will be elected in their districts at different times to provide for staggered terms of office, the potential sequence of elections shall also be published; C) The City Council shall also hold at least two (2) additional public hearings over a period of no more than forty-five (45) days, at which the public shall be invited to provide input regarding the content of the draft map(s) and the proposed sequence of elections, if applicable; and D) The first version of a draft map shall be published at least seven (7) days before consideration at a public hearing. If a draft map is revised at or following a public hearing, it shall be published and made available to the public for at least seven (7) days before being adopted.

The City shall take the following actions, within the time frames established by Elections Code Section 10010 following the effective date of this Resolution, taking into consideration time required for public outreach and input, agenda requirements under the Brown Act, and the City Council' meeting schedule:

A) Hiring of a qualified demographer to provide demographic services and assist in the preparation of proposed district maps;
B) Conduct public outreach, including to non-English speaking communities, to explain the districting process and to encourage public participation; C) Before drawing a draft map or maps of the proposed district boundaries, hold at least two (2) public hearings at which the public is invited to provide input regarding the composition of the districts and to consider district boundaries as provided in Elections Code Section 10010; D) After drawing a draft map or maps, publish the draft map(s) and the potential sequence of the district elections and hold at least two (2) public hearings at which the public is invited to provide input regarding the content of the draft map or maps and the proposed sequence of elections; and E) Adopt an ordinance establishing district elections, including the adoption of a district boundary map and the sequence of the district elections.

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The following is a tentative timeline for consideration and implementation of a "district-based" election method.

Date Event
November 1, 2021 City received demand letter.

December 8, 2021 Adoption of Resolution of Intention to Transition to By District Elections.

February 1, 2022 Public hearing to give background on CVRA, introduce mapping tools and information on process.

February 15, 2022 Public hearing to give background on CVRA, introduce mapping tools and information on process.

March 1, 2022 First public hearing where maps can be drawn.

April 5, 2022 Second public hearing to confirm maps and sequencing.

June 7, 2022 Introduction and first reading of Ordinance.

June 21, 2022 Second reading and adoption of Ordinance.

FISCAL IMPACT:

The estimated cost for demographer and public outreach services is between $50-100k. The City Clerk's Office is in the process of obtaining quotes for said services.

The annual budget will be adjusted to accommodate this additional expenditure and will be included in the Mid-Year Budget Adjustments.

ATTACHMENTS:

Exhibit 1 - CVRA Resolution Establishing Intent to Transition to Districts Exhibit 2 - CVRA Demand Letter February 1, 2021

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SR-22-039
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: February 15, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Transition From At-Large to By-District Elections (Public Hearing No. 1) RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Conclude the first Public Hearing receiving public testimony as part of the administrative record.

BACKGROUND:

On November 1, 2021, the City received a certified letter (Exhibit 1) from attorney Kevin I. Shenkman of the law firm Shenkman & Hughes, on behalf of his client, the Southwest Voter Registration Project, asserting that the City's at-large election system may violate the CVRA and threatening litigation if the City does not voluntarily transition to a district-based election system for electing its City Council.

On December 8, 2021, the City Council adopted Resolution No. 2021-071 (Exhibit 2) declaring its intent to transition from at-large to by-district elections, establishing the City’s compliance with Elections Code Section 10010, and a step-by-step process for the transition, which requires significant public participation.

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DISCUSSION:

Prior to the City's consideration and approval of an ordinance establishing boundaries for a by-district election system, Elections Code Section 10010 outlines procedural rules and requires all of the following steps:

In accordance with the above, the timeline of events and implementation of a "district-based" election method is as follows:

Date Event
November 1, 2021 City received demand letter.

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SR-22-039
Date Event
December 8, 2021 Adoption of Resolution of Intention to Transition to By District Elections.

February 15, 2022
Public Hearing No. 1 (Pre-Draft Map)
Summary of District Formation/Redistricting Law, Criteria, Process, and 2020 Census
March 1, 2022 Public Hearing No. 2 (Pre-Draft Map)
March 8, 2022 Draft Map(s) Published on City Website
March 15, 2022 Public Hearing No. 3 (Pre-Final Map)
Presentation and Adoption of DRAFT District Boundaries Map April 5, 2022/TBD
Public Hearing No. 4
Presentation and Adoption of FINAL District Boundaries Map (First Reading of Ordinance)
April 19, 2022/TBD Adoption of FINAL District Boundaries Map (Second Reading of Ordinance)
FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Council District Formation Process FAQ
Exhibit 2 - District Formation Presentation
Exhibit 3 - Resolution 2021-071 Declaring Intent to Transition to By-District Elections Exhibit 4 - Staff Report from December 8, 2021
Exhibit 5 - CVRA Demand Letter February 1, 2021

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SR-22-042
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 1, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Transition From At-Large to By-District Elections (Public Hearing No. 2) RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Conclude the second Public Hearing receiving public testimony as part of the administrative record.

BACKGROUND:

On February 15, 2022, the City Council held the 1st required public hearing. At that meeting, the City Council received a presentation from Staff and its demographer, David Ely of Bear Demographics & Research, regarding legal requirements to be considered, the criteria for creating district boundaries, and the public input process.

The purpose of the first two public hearings is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries.

Following this hearing, the map drawing phase of the process will begin. This involves the City's demographer using 2020 Census data, City Council direction, and public input to draw draft maps for

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SR-22-042
consideration at Public Hearing No. 3 on March 15, 2022. A final district map will be presented at Public Hearing No. 4 currently scheduled for April 5, 2022.

In addition to the required public hearings, public workshops were held on Thursday, February 17, 2022 and Thursday, February 24, 2022. A third public workshop will be held on March 9, 2022 at 6:00 P.M.

Members of the public are invited to attend in-person at City Hall or virtually via the Zoom platform.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from December 8, 2021
Exhibit 2 - Staff Report from February 15, 2022

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SR-22-062
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 15, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Transition From At-Large to By-District Elections (Public Hearing No. 3) RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
7) Close the Public Hearing receiving public testimony as part of the administrative record; 8) City Council discussion and questions to Staff; and
9) Review draft maps 1-3 and provide direction on which map the City Council prefers; or provide direction for the demographer to create a new map or maps to review at the next public hearing scheduled for April 5, 2022.

BACKGROUND:

On February 15, 2022 and March 1, 2022, the City Council held the first 2 required public hearings. At those hearings, the City Council received a presentation from Staff and its demographer, Bear Demographics & Research, regarding legal requirements to be considered, the criteria for creating district boundaries, and the public input process.

The purpose of the first two public hearings was to inform the public about the districting process and to hear from the community on what factors should be taken into consideration while creating district boundaries.

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SR-22-062
Three public workshops have been held to inform the public as well, with the first two taking place on February 17, 2022 and February 24, 2022 prior to the second City Council hearing. A third public workshop was held on March 9, 2022 at 6:00 P.M. Members of the public were invited to attend inperson at City Hall or virtually via the Zoom platform.

DISCUSSION:

Since the last Public Hearing, the Demographer has provided 3 draft map options for consideration. In accordance with the California Fair Maps Act, district boundaries were drawn using the following criteria in the listed order of priority:
1) The Council shall adopt council district boundaries that comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.).
2) To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. 3) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A "community of interest" is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates. 4) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.
5) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. 6) The Council shall not adopt council district boundaries for the purpose of favoring or discriminating against a political party.

As required by law, the draft maps were made available on the City's website on March 8, 2022, at least seven days prior to today’s Council Public Hearing.

Next Steps:

Review draft maps 1-3 and provide direction on which map the Council prefers, or provide direction for the demographer to create a new map or maps to review at the next public hearing. A final district map will be presented at Public Hearing No. 4 currently scheduled for April 5, 2022.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Draft Map No. 1

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SR-22-062
Exhibit 2 - Draft Map No. 2
Exhibit 3 - Draft Map No. 3
Exhibit 4 - Staff Report from December 8, 2021
Exhibit 5 - Staff Report from February 15, 2022 (Hearing No. 1) Exhibit 6 - Staff Report from March 1, 2022 (Hearing No. 2)

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SR-22-072
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 5, 2022
Department: Finance
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Lighting and Landscape Maintenance Districts and Drainage Assessment District Initiate Proceedings for the FY 2022-23 Levy and Collection of Assessment
RECOMMENDATION:
1) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B for Fiscal Year 2022-23;
2) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Landscape and Lighting Maintenance District No. 2 for Fiscal Year 2022-23; and 3) Adopt a Resolution of the City Council initiating proceedings for the levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2022-23.

BACKGROUND:

The Landscaping and Lighting Act of 1972 (the "Act"), which is set forth in California Streets and Highways Code sections 22500-22679, provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and servicing costs of all improvements and facilities related thereto, including for the installation, construction, and maintenance of landscaping, lighting, and park and recreational facilities, including graffiti removal. The Citywide Landscape and Lighting Maintenance District No. 1 and Landscape and Lighting Maintenance District No. 2 were established pursuant to the Act.

The Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the California Government Code (commencing with Section 54703) (the “1982 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750, et. seq.) (the “Implementation Act”) (the 1982 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), provide for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto, including for the operation, maintenance and servicing of landscaping, sidewalks, trees, street lighting, park facilities, parkways, street tree lighting and appurtenant facilities.

DISCUSSION:

In order to continue the annual assessments of all three of these Districts, the Act and the Assessment Law require the City Council conduct certain proceedings each year it intends to extend the life of the

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SR-22-072
assessments for each District for an additional year. Such proceedings generally require the adoption of intention resolutions, the preparation of an Engineer's Report, the holding of a noticed public hearing, and the adoption of a resolution levying the assessments. Since there are no proposals to increase the amounts of the subject annual assessments, there is no need for any assessment protest proceedings, like the ones that were conducted when the three Districts were originally established.

Pursuant to the Act, an Engineer's Report was prepared containing the following information:
• A description of the improvements or services to be financed; • An estimate of the cost of the improvements or services (and incidental expenses such as costs for financing, assessment engineering, collection, and notice and protest requirements); • An assessment diagram depicting the boundaries of each of the assessment districts and the parcels contained in each;
• A description of the method of apportioning the assessments against properties in each of the assessment districts; and
• An assessment roll listing the parcels to be assessed and the proposed assessment against each.

The Engineer's Report will be presented to the City Council at the June 7, 2022, meeting.

These resolutions will provide for the collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto and file with the City Clerk the Engineer's Annual Levy Report for the Districts for the Fiscal Year commencing July 1, 2022, and ending June 30, 2023.

The general process of annually funding this District requires the City to prepare an Annual Engineer's Report declaring the cost of improvements related to maintenance in the Districts. After the statutorily required process, an annual levy based upon this Engineer's Report is then placed upon the County of Riverside's Property Tax Roll.

Citywide Landscape and Lighting Maintenance District No. 1 Fiscal Year 2022-23 The City Council has by previous Resolutions formed and levied annual assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B, pursuant to the provisions of the Act, that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto.

The City Council has retained Webb Municipal Finance, LLC, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act, and staff is requesting that it direct Webb Municipal Finance, LLC to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2022, and ending June 30, 2023, in accordance with Chapter 3, Section 22622 of the Act.

The improvements include the construction, operation, maintenance and servicing of landscaping, sidewalks, trees, street lighting, park facilities, parkways, street tree lighting and appurtenant facilities.

Services and maintenance include, but are not limited to, personnel, electrical energy and lease costs

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SR-22-072
from Edison, utilities such as water and gas, equipment, maintenance vehicles, materials, contracting services, and other items necessary for the satisfactory operation of the facilities.

Landscape and Lighting Maintenance District No. 2 for Fiscal Year 2022-23 The City Council has by previous Resolutions formed and levied annual assessments for the Desert Hot Springs Landscape and Lighting Maintenance District No. 2 pursuant to the provisions of the Act that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto.

Here too, the City Council retained Webb Municipal Finance, LLC for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act. Staff is also requesting that the City Council direct Webb Municipal Finance, LLC to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2022, and ending June 30, 2023, in accordance with Chapter 3, Section 22622 of the Act.

The Improvements provided within Landscape and Lighting Maintenance District No. 2, Zones 1 through 15 and 17 through 19 may include, but are not limited to, ground cover, shrubs, plants and trees, irrigation systems, landscape lighting, street lighting, graffiti removal, sidewalks and masonry walls, entry monuments, tot lot equipment and associated appurtenant facilities. Services provided include all necessary service, operations, administration and maintenance required to keep the abovementioned improvements in a healthy, vigorous and satisfactory working condition.

Drainage Assessment District No. 1 Fiscal Year 2022-23
Additionally, the City Council has by previous Resolutions formed and levied annual assessments for the Drainage Assessment District No. 1, pursuant to the provisions of the Assessment Law, that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto.

The City Council has retained Webb Municipal Finance, LLC, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Assessment Law. Staff requests that the City Council direct Webb Municipal Finance, LLC, to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2022, and ending June 30, 2023, in accordance with the Assessment Law.

Services and maintenance include, but are not limited to, personnel, electrical energy and lease costs from Edison, utilities such as water and gas, equipment, maintenance vehicles, materials, contracting services, and other items necessary for the satisfactory operation of the facilities.

FISCAL IMPACT:

The cost of professional services to initiate proceedings for the levy and collection of assessments for the Fiscal Year 2022-23 Districts’ Annual Levy authorization is included in the Fiscal Year 2022-23 budget for the administration of the Districts.

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ATTACHMENTS:

Exhibit 1 - Resolution of Initiation for LMD No. 1
Exhibit 2 - Resolution of Initiation for LMD No. 2
Exhibit 3 - Resolution of Initiation for DAD No. 1
Exhibit 4 - Council Properties Map LMD No. 1
Exhibit 5 - Council Properties Map LMD No. 2
Exhibit 6 - Council Properties Map DAD No. 1

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Resolution No. 2022-______
Date Adopted: April 5, 2022

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RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS FOR

THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITYWIDE LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1, ZONE A AND ZONE B FOR FISCAL YEAR 2022-23
WHEREAS, the City Council has by previous Resolutions formed and levied annual assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B (hereafter referred to as the “District”), pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the “Act”) that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto; and
WHEREAS, the City Council has retained Webb Municipal Finance, LLC, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Act; and

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:

Section 1. Recitals
That the Recitals set forth above are true and correct.

Section 2. Annual Levy Report
That the City Council hereby orders Webb Municipal Finance, LLC to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2022, and ending June 30, 2023, in accordance with Chapter 3, Section 22622 of the Act.

Section 3. District Improvements
That the improvements provided within the District may include, but are not limited to, landscaping, sidewalks, trees, street lighting, park facilities, parkways, street tree lighting and appurtenant facilities. Services and maintenance provided shall include all necessary service, operation, administration, and maintenance required to keep the above-mentioned improvements in a healthy, vigorous, and satisfactory working condition.

Section 4. Severability
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of the Resolution as hereby adopted shall remain in full force and effect.

Section 5. Effective Date
That this Resolution shall take effect upon its adoption.

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Resolution No. 2022-______
Date Adopted: April 5, 2022

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Section 6. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the fifth day of April 2022 by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:

ATTEST: APPROVED:

Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney

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Resolution No. 2022-______
Date Adopted: April 5, 2022

Page 3 of 3 ends

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on April 5, 2022, of which all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:

I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at 11999 Palm Drive, Desert Hot Springs, CA 92240, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I do hereby further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true, and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded, or revoked in any manner since the date of its adoption, and the same is now in full force and effect.

Dated: April 5, 2022
City Clerk of the City of Desert Hot Springs
[SEAL]

Page 107 of 176 ends

Resolution No. 2022-______
Date Adopted: April 5, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS FOR

THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DESERT HOT SPRINGS LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 2 FOR FISCAL YEAR 2022-2023
WHEREAS, the City Council has by previous resolutions formed and levied annual assessments for the Desert Hot Springs Landscape and Lighting Maintenance District No. 2 (hereafter sometimes referred to as the “District”), pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (hereafter referred to as the “Act”), and Articles XIIIC and XIIID of the Constitution of the State of California (together, the “Constitution”) (the Act and the Constitution are referred to collectively as the “Assessment Law”), that provides for the levy and collection of assessments by the County of Riverside for the City of Desert Hot Springs to pay the maintenance and services of all improvements and facilities related thereto; and
WHEREAS, the City Council has retained Webb Municipal Finance, LLC for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Assessment Law.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:

Section 1. Recitals
That the Recitals set forth above are true and correct.

Section 2. Annual Levy Report
That the City Council hereby orders Webb Municipal Finance, LLC, to prepare and file with the City Clerk the Engineer’s Annual Levy Report concerning the levy and collection of assessments for the District for the Fiscal Year commencing July 1, 2022, and ending June 30, 2023, in accordance with the Assessment Law.

Section 3. District Improvements
That the maintenance of improvements within Landscape and Lighting Maintenance District No. 2, Zones 1 through 19, shall include, but shall not be limited to, trees, sidewalks, parkways, landscaped slopes and park facilities, and the operation and maintenance of the street lighting system within the District and appurtenant facilities. Services provided include all necessary services, operation, administration and maintenance required to keep the improvements and facilities in a healthy, vigorous and satisfactory working condition.

Section 4. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of the Resolution as hereby adopted shall remain in full force and effect.

Section 5. Effective Date
That this Resolution shall take effect upon its adoption.

Page 108 of 176 ends

Resolution No. 2022-______
Date Adopted: April 5, 2022

Page 2 of 3 ends

Section 6. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

Section 7. Repeal of Conflicting Resolutions
That the City Council hereby repeals any prior resolutions which may conflict with this Resolution.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the fifth day of April 2022 by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:

ATTEST: APPROVED:

Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney

Page 109 of 176 ends

Resolution No. 2022-______
Date Adopted: April 5, 2022

Page 3 of 3 ends

AYES:

NOES:

ABSENT:

RECUSED:

I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at 11-999 Palm Drive, Desert Hot Springs, CA 92240, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I do hereby further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.

Dated: April 5, 2022
City Clerk of the City of Desert Hot Springs
[SEAL]

Page 110 of 176 ends

Resolution No. 2022-______
Date Adopted: April 5, 2022

Page 1 of 3 ends

RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS FOR

THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DRAINAGE ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2022-23
WHEREAS, the City Council has by previous resolutions formed and levied annual assessments for Drainage Assessment District No. 1 (hereafter sometimes referred to as the “District”), pursuant to the terms and provisions of the Benefit Assessment Act of 1982, Chapter 6.4, Division 2, Title 5 of the California Government Code (commencing with Section 54703) (the “1982 Act”), Article XIIID of the Constitution of the State of California (“Article XIIID”) and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the “Implementation Act”) (the 1982 Act, Article XIIID and the Implementation Act are referred to collectively as the “Assessment Law”), in what is known and designated as the Drainage Assessment District No. 1 (the “District”); and WHEREAS, the City Council has retained Webb Municipal Finance, LLC, for the purpose of assisting with the Annual Levy of the District, and to prepare and file a report with the City Clerk in accordance with the Assessment Law.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:

Section 1. Recitals
That the Recitals set forth above are true and correct.

Section 3. District Improvements
That the improvements provided within Drainage Assessment District No. 1, Zones 1 through 17 may include, but are not limited to: flood control facilities, fences, masonry walls, and associated appurtenant facilities. Services provided include all necessary services, operations, administration and maintenance, including graffiti removal, required to keep the above-mentioned improvements and facilities in a healthy, vigorous and satisfactory working condition.

Section 5. Effective Date
That this Resolution shall take effect upon its adoption.

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Resolution No. 2022-______
Date Adopted: April 5, 2022

Page 2 of 3 ends

Section 6. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

Section 7. Repeal of Conflicting Provisions
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on thefifth day of April 2022 by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:

ATTEST: APPROVED:

Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney

Page 112 of 176 ends

Resolution No. 2022-______
Date Adopted: April 5, 2022

Page 3 of 3 ends

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on April 5, 2022, of which all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NAYES:

ABSENT:

RECUSED:

I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at 11-711 West Drive, Desert Hot Springs, CA 92240, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

I do hereby further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect.

Dated: April 5, 2022
City Clerk of the City of Desert Hot Springs
[SEAL]

Page 113 of 176 ends

Source: County of Riverside GIS, 2020.

PALM DR

WEST DR

N INDIAN CANYON DR
8TH ST

HACIENDA DR

L TI TLE MORONGO RD
4TH ST

MISSION LAKES BLVD
5TH ST
3RD ST
1ST ST
12TH ST

MESQUITE AVE

VERBENA DR
7TH ST

DESERT VIEW AVE

CHOLLA DR
15TH AVE
14TH AVE

IRONWOOD DR

ATLANT CI AVE

WESTERN AVE

SANTA CRUZ RD
8TH AVE

POMELO DR

MIRACLE HILL RD

YUCCA DR

CAMINO CAMPANERO

VALENCIA DR

CALIENTE DR

SKYLINE
DR

CALLE CERRITO

PARK LN

WHITEWATER

VIEW RD
16TH AVE

PIERSON BLVD
GG
RB
RB
RB
RB
RB
SM
JP
RN
M:\GIS-Assessment\DHS\LM
D1_ZoneB_
CouncilProperties.mxd; Map revised March 31, 2020. 0 2,000 4,000 6,000 Feet
LEGEND
City Boundary
LMD 1 Zone B
Council Member's Property
500 Foot Buffer of
Council Member's Property
RB - Russell Betts
GG - Gary Gardner
SM - Scott Matas
JP - Jan Pye
RN - Roger Nunez
I City of Desert Hot Springs
LMD 1 Zone B with Council Member Properties

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City of Desert Hot Springs
LMD No. 2 with Council Member Properties Source: County of Riverside GIS, 2020.

PALM DR

PIERSON BLVD

WEST DR

N INDIAN CANYON DR
8TH ST

HACIENDA DR

L TI TLE M

ORONGO RD
4TH ST

MISSION LAKES BLVD
5TH ST
1ST ST
12TH ST

MESQUITE AVE

VERBENA DR
7TH ST

DESERT VIEW AVE

CHOLLA DR
13TH AVE
15TH AVE
14TH AVE

MISSION CREEK RD

IRONWOOD DR

KAREN AVE

SCENIC DR

ATLANT CI AVE

WESTERN AVE
SANTA
CRUZ
RD
8TH AVE
PO

MELO DR

MIRACLE HILL RD

YUCCA DR

CAMINO CAMPANERO

PROMENADE DR

VALENCIA DR

SKYLINE
DR

CALLE CERRITO

PARK LN

VIEW RD
16TH AVE

PIERSON BLVD
ZONE 13
ZONE 3
ZONE 1
ZONE 12
ZONE 5
ZONE 6
ZONE 4
ZONE 7
ZONE 2
ZONE 14
ZONE 14
ZONE 10
ZONE 17
ZONE 15
ZONE 14
ZONE 18
ZONE 11
ZONE 16
ZONE 8
ZONE 9
ZONE 19
RB
RB
RB
RB
RB
SM
JP
GG
RN
M:\GIS-Assessment\DHS\LM
D2_
CouncilProperties.mxd; Map revised March 30, 2020
0 2,000 4,000 6,000
Feet
LEGEND
City Boundary
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5
ZONE 6
ZONE 7
ZONE 8
ZONE 9
ZONE 10
ZONE 11
ZONE 12
ZONE 13
ZONE 14
ZONE 15
ZONE 16
ZONE 17
ZONE 18
ZONE 19
Council Member's
Property
500 Foot Buffer
RB - Russell Betts
GG - Gary Gardner
SM - Scott Matas
JP - Jan Pye
RN - Roger Nunez

Page 115 of 176 ends

I
Source: County of Riverside GIS, 2020

PALM DR

PIERSON BLVD

WEST DR

N INDIAN CANYON DR

HACIENDA DR

L TI TLE M

ORONGO RD
4TH ST

MISSION LAKES BLVD
5TH ST
1ST ST
12TH ST

MESQUITE AVE

VERBENA DR
7TH ST

DESERT VIEW AVE

CHOLLA DR
13TH AVE
15TH AVE
14TH AVE

MISSION CREEK RD

IRONWOOD DR

KAREN AVE

SCENIC DR

ATLANT CI AVE

WESTERN AVE

SANTA CRUZ RD
8TH AVE

MIRACLE HILL RD

YUCCA DR

CAMINO CAMPANERO

PROMENADE DR

VALENCIA DR

CALIENTE DR

SKYLINE
DR

CALLE CERRITO

VIEW RD
16TH AVE

PIERSON BLVD
ZONE 12
ZONE 1
ZONE 11
ZONE 4
ZONE 5
ZONE 2
ZONE 6
ZONE 13
ZONE 13
ZONE 9
ZONE 3
ZONE 16
ZONE 14
ZONE 8
ZONE 13
ZONE 17
ZONE 10
ZONE 15
ZONE 7
GG
RB
RB
RB
RB
RB
SM
JP
RN
M:\GIS-Assessment\DHS\D
A
D
_
CouncilProperties.mxd; Map revised March 31, 2020. 0 2,000 4,000 6,000 Feet
LEGEND
City Boundary
ZONE 1
ZONE 2
ZONE 3
ZONE 4
ZONE 5
ZONE 6
ZONE 7
ZONE 8
ZONE 9
ZONE 10
ZONE 11
ZONE 12
ZONE 13
ZONE 14
ZONE 15
ZONE 16
ZONE 17
Council Member's
Property
500 Foot Buffer of
Council Member's Property
RB - Russell Betts
GG - Gary Gardner
SM - Scott Matas
JP - Jan Pye
RN - Robert Nunez
I City of Desert Hot Springs
DAD No. 1 with Council Member Properties

Page 116 of 176 ends

SR-22-067
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 5, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Funding Request from Health Assessment and Research for Communities (HARC)
RECOMMENDATION:

Consider a funding request from HARC in the amount of $5,000.

DISCUSSION:

Dr. Jenna LeComte-Hinley, Chief Executive Officer for Health Assessment and Research for Communities (HARC), has submitted a letter (Exhibit 1) requesting a funding contribution in the amount of $5,000 to support their endeavors towards the 2022 survey.

HARC conducts a survey of the entire Coachella Valley every three (3) years which covers demographics, social and economic needs, health behaviors, healthcare access, preventative care, mental health and more. Organizations in Desert Hot Springs such as "Shelter from the Storm," "Desert Hot Springs Family Resource Center," and "Literacy, Language & Cultural Centers (LiLaC)" rely on HARC's data to help prioritize health needs, create programs and services to address those needs, and obtain funding to implement those programs.

The City Council approved previous funding requests from HARC as follows:
• $5,000 - 2016 Coachella Valley Community Health Survey • $5,000 - 2019 Coachella Valley Community Health Survey FISCAL IMPACT:

City Council approval of this funding request will increase budgeted expenditures in the Consolidated General Fund for FY 2021-22 by an amount of $5,000 in account 100-4320-41-11-0000 (City Council/Contract Services).

After the adoption of the FY21-22 Mid-Year Budget Adjustments, the Consolidated General Fund is projected to have a surplus in the amount of $105,700.

ATTACHMENTS:

Exhibit 1 - HARC Funding Request Letter

Page 117 of 176 ends

SR-22-067

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h>W(d?iUmg
HWTHVASSESSMENT ANDRESEARCH 70'‘ <°MMUN'TlF5
_ 5550EclecticStreet.PalmDesert.CA92260|77eo.4_o4 1945
February 7, 2022
City Council, City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA92240
Dear Desert Hot Springs City Council,
HARCis proud to announce that we will be conducting our sixth triennial Coachella Valley Community Health Survey in 2022. We are excited to be able to track health trends over time and measure changes caused by major events such as the COVlD—19pandemic.

We want to thank the City of Desert Hot Springs for your continued support and for the contributions you made toward the 2016 and 2019 survey cycles. We also want to thank you for utilizing the data in the survey to form your policy decisions to the benefit of your constituents. As Desert Hot Springs was the first city to financially support this effort, you were the instrumental in our ability to engage other local cities to help fund this va||ey—widebenefit and we cannot thank you enough. It is without question that your support is critically important to our ability to provide this resource for the entire community.

HARC’sdata is used to secure outside funding not only by cities like Desert Hot Springs but can also be used by local nonprofits that serve your residents, such as food banks, senior centers, housing services and health clinics. As such, this survey indirectly supports every resident in your city.

We respectfully request that the City of Desert Hot Springs once again support the triennial survey with a $5,000 contribution. These funds, as always, will help ensure the residents of Desert Hot Springs are well—represented in the dataset, and their needs highlighted. Your support is vitally important to our ability to provide this local resource free to the community at large.

As in the 2019 cycle, we willbe recognizing all our donors on our website, in allsurvey promotional materials, and in the report, including "local spotlights” to highlight your efforts to improve the quality of life for your residents. I know the hundreds of local leaders who read the report will appreciate learning more about your work as well.

Thank you in advance for considering this ask. Your contribution will ensure we have local health data to make data—driven decisions and policies and in turn will improve health in the entire region.

Since rely,
%/ma §éC<\7?w&‘¢V9Ml/{/y/
Jenna LeComte—Hinely,PhD
Chief Executive Officer
Cc: Luke Rainey, City Manager

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Page 120 of 176 ends

SR-22-064
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 5, 2022
Department: Police Department
Prepared by: Steven Shaw, Deputy Police Chief
Subject: Military Equipment Use Policy Ordinance per Assembly Bill 481 RECOMMENDATION:

BACKGROUND:

Due to recent events in our nation, the public has asked state and local leaders to enact law enforcement reforms and set statewide standards for safe de-escalation techniques. On September 30, 2021, California Governor Gavin Newsom signed Assembly Bill 481 (AB 481), which became effective on January 1, 2022. The law requires law enforcement agencies to create a Military Equipment Use Policy which must be adopted by the City Council before May 1, 2022.

DISCUSSION:

AB481 identifies certain law enforcement equipment as 'military equipment' whether or not any branch of the military uses any of the law enforcement equipment listed. The legislation requires oversight from a governing body for purchase and usage of what the bill has deemed military equipment. For the Desert Hot Springs Police Department, the governing body is the City of Desert Hot Springs City Council.
"Review" of the governing body is needed prior to having the public hearing of the Ordinance itself.

The ordinance will come back to the City Council for public hearing at a later regular meeting of the City Council.

The purpose of this ordinance is to seek approval and support from the City Council for the continued use and deployment of specialized law enforcement equipment consistent with the Use Policy of the Desert Hot Springs Police Department. The City Council will find the Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. The Use Policy included in the Ordinance establishes an on-going standard and policy for safe de-escalation techniques and military equipment use/application consistent with AB481. The ordinance and an annual military equipment report will be submitted to the City Council for annual review.

The list of identified 'military equipment' is currently deployed by law enforcement and agencies in this county as well as neighboring San Bernardino, San Diego, and Orange Counties, and throughout the

Page 121 of 176 ends

SR-22-064
State of California, as well as law enforcement organizations across the nation. AB481 lists equipment that is recognized and more appropriately identified by local, state, and federal law enforcement entities as specialized police equipment. Locally, the Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) have endorsed the list of specialized equipment which is already in use across the county.

Specialized police equipment is used only by highly trained and experienced law enforcement professionals. This specialized law enforcement equipment, which is already in use by law enforcement agencies throughout the county, helps limit high-risk encounters with armed violent suspects. This specialized equipment is needed to stop escalating violent situations from becoming a threat to the safety of responding law enforcement personnel, the public, and the involved suspect(s). This inventory list includes modernized tools, aerial drones, and off-road vehicles whose primary purpose is the preservation of human life when utilized in responding to critical incidents, which often involve high-risk apprehension, search and rescue, fast responses to catastrophic events, reduce liability of physical injury to public and department personnel, and allow for de-escalation tactics during high-risk encounters with armed violent suspects.

The Desert Hot Springs Police Department and the county's eleven (11) other municipal police departments, the Riverside County Sheriff's Department, Riverside County Probation Department, Riverside County District Attorney's Office, Riverside California Highway Patrol, three (3) university and school police departments, and members of the Association of Riverside County Chiefs of Police and Sheriff (ARCOOPS), have committed to working cooperatively across jurisdictional boundaries to ensure that all catastrophic events, responses to critical incidents, search and rescue operations and many other multi-jurisdictional events that arise from neighboring counties are supported safely and justifiably. Any which require the use of any of the listed specialized equipment are conducted in a fair, transparent and professional manner. Although most tools, equipment, and resources listed as military equipment in AB481 are found in a military environment and may be similar in nature, the application in which the equipment is used is significantly different for public safety and law enforcement. Attached is a list of the specialized equipment inventory and a variety of their uses.

As required by AB481, this Use Policy has been posted and made available on the Desert Hot Springs Police Department webpage since February 1, 2022.

FISCAL IMPACT:

No fiscal impact at this time. Items identified are currently owned by DHSPD. No future purchases currently planned.

ATTACHMENTS:

Exhibit 1 - DHSPD Qualifying Military Equipment Inventory Exhibit 2 - AB 481 Ordinance
Exhibit 3 - DHSPD Military Equipment Inventory

Page 122 of 176 ends

Desert Hot Springs QualifyingMilitaryEquipment:
- Unmanned, remotely piloted powered aerial or ground vehicles 0 O
O
O
0 Search and locate reported missing children or at-risk adults Search and Rescue Operations to locate lost or Injured hikers A law enforcement speci?c application involving Aerial DRONES are used for open terrain or large ?eld searches as a force-multiplier to assist in high-risk apprehensions of armed or violent suspects. Aerial drones can be used as an interior search tool to locate suspects barricaded inside a residence or commercial structure. Larger DRONE platforms are deployed by the Sheriff's Department Unmanned Aerial Surveillance Team
A tracked armored vehicle remotely piloted for use in explosive ordinance disposal Unmanned robotics have numerous applications. Robotics are used instead of personnel in high-risk environments to increase safety for law enforcement o Mine-Resistant Ambush Protected (MRAP) vehicle
0 The MRAP is a large ballistic armored rescue vehicle which can be used for a number of critical situations. It can be deployed for aid during search warrant services as well as rescue missions to include civilians, of?cers, and hostage situations with seating for 10 adults
The MRAP, though the County is fortunate to have good southern California weather, is primarily used in open desert areas, however, it can be used in any dangerous weather condition with the ability of extreme off—roadcapabilities. The MRAP is also used for large parcel outdoor illegal marijuana grow enforcement.

The MRAP has 4X4 capability and able to transport or evacuate victims in a flood, fire or other natural disaster. Operation requires a Class “B”driver's license - Armored Vehicles
0 Inventory includes four (4) LENCO Ballistic Engineered Armored Response Counter-Attack Trucks (BEAR-CATS). The BEAR-CATS, or Rescue Vehicles, are primarily used during high-risk tactical enforcement operations, officer rescues, and vehicle borne interventions. Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects
Rescue vehicle for on-campus active shooter incidents to rescue injured victims 4X4 capability to transport or evacuate victims in a flood, fire or other natural disaster
BOMB-CAT bullet resistant rescue vehicle provisioned with a front mounted Water Cannon. BOMB-CAT use is for tactical operations and explosive ordinance mitigation and ?re suppression
Rescue vehicles provide numerous safety capabilities for law enforcement, victim rescues, and overall community safety
o Vehicles with Breaching or Entry apparatus attachable O BEAR~CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects during high-risk incidents, to include active shooter incidents on school ground or buildings

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O TAC-CAT vehicle - Atracked bullet resistant caterpillar tractor driven and deployed during high-risk and tactical operations with various hydraulic boom attachments including claw, chemical agent dispersal box and ram extension Non-handheld battering rams, slugs, and breaching apparatuses that are explosive in nature
0 O
Explosive breaching tools
Avon frangible shotgun ammunition is used to breach doors and points of entry on forti?ed doors orstructures. The rounds are used to impact door hinges, doorknobs and locks
Assault Weapons de?ned under PC 30510 & PC 30515
O
O
O
0 Inventory includes AR style ri?es that function at fulland semi-automatic capability (fullyautomatic ri?es are only assigned to SWAT personnel) Semi-automatic Benellishotguns
Increased accuracy and precision at long range distances Currently used by most law enforcement agencies across the nation Flashbang grenades and explosive breaching tools
0 0
Light Sound Diversionary Device (LSDD-“F|ashbangs”) are diversionary devices used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose signi?cant danger to the deputies and community. The effects of the LSDD reduce a suspect’s reactionary capabilities and allow for momentary disorientation which creates a tactical advantage. LSDD is a hand delivered device and generally deployed on the exterior of structures
Provides a humane fright of aggressive dogs that pose a threat to deputies Explosive breaching tools are used to breach forti?ed structures to establish a point of entry. Explosive charges are fashioned to produce littleto no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcoming a forti?ed door or structure. The reduction in time mitigating a hardened structure increasing of?cer safety and the element of surprise. Blast injuries are reduced by using low yield explosives that mechanically overcome door frames and locking mechanisms. Explosive breaching mandates extensive schooling and certi?cation processes
Tear Gas
o Chemical agents are deployed through various means to include hand delivery and weapon launchable, such as pepper ball. Munitions are either 37mm or 40mm caliber, shotgun ferret rounds or cannister shotgun launched ordinance. Hand delivered chemical agents are placed in metal burn boxes to reduce ?re hazards Water Cannon
0 The BOMB-CATbullet resistant Rescue vehicle provisioned with a front mounted Water Cannon. BOMB-CATuse is for tactical operations and explosive ordinance mitigation and ?re suppression
Long Range Acoustic Device (LRAD)

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o LRAD is an acoustic hailing device used for emitting ampli?ed public announcements during search warrant services, barricaded suspects, or tactical operations. The loud audible technology ensures broadcasted announcements are loud and clear whileoffering advantages over less ampli?ed patrol car PA systems.

The LRADcan also be used for public announcements or safety advisements during natural disasters or evacuations
o The larger LRAD1000 system is portable and can be used for criminal unrest and rioting to provide clear dispersal orders for unlawful assembly Command and control Vehicles built or modi?ed to facilitate the operational control and direction of public safety units
0 Command vehicles are builtin various platforms to include ‘/2ton pickup chassis, vans, trailers, and RV style con?gurations. Vehicles are built to better assist in command and control during law enforcement operations, natural disasters, and public safety issues. Vehicles are designed with additional communication abilities, computers, white boards, lightening, generators, and mission essential supplies 40mm projectile launchers
0 Less lethal 40mm launchers and rubber projectile munitions- Munitions are con?gured for high and low energy impact. Munitionshave the additional bene?t as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed. 40mm less lethal has been effective in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injuryand risk to the person, law enforcement or the public Bean Bag Launchers
o Less lethal bean bag is utilizedthrough a marked/orange colored easily identi?able less lethal shotgun. The bean bag round is a small led pellet ?lled munition made of high-density cloth. Bean bag is the predecessor to 40mm less lethal having similar bene?ts as other less lethal platforms
Rubber Projectile launchers
o Sting ball grenade launches .38 caliber rubber projectiles and are hand delivered.

Generalized use in a tactical operation is infrequent in use and deployment. Search warrants, violent combative subjects, or hostage rescue scenarios are criteria for consideration and use against suspects. Sting balls have a greater application in a Jail Corrections Environment
0 40mm and 37mm launchers capable of deploying rubber projectile munitions. An effective less lethal tool used routinely with success

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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT
POLICY PURSUANT TO ASSEMBLY BILL 481
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, Assembly Bill 481 (“AB 481”) regulates the funding, acquisition, and use of military equipment, as defined, by state and local government officials; and WHEREAS, AB 481 requires law enforcement agencies, including the Desert Hot Springs Police Department, to obtain approval of the governing body by an ordinance adopting a military equipment policy at a regular meeting pursuant to the Ralph M.

Brown Act; and
WHEREAS, the City Council finds that the public has a right to know about any funding, acquisition, or use of military equipment by local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment; and
WHEREAS, the City Council finds that decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input; and
WHEREAS, the City Council finds that legally enforceable safeguards, including transparency, oversight, and accountability measures, must be in place to protect the public's welfare, safety, civil rights, and civil liberties before this equipment is funded, acquired, or used; and
WHEREAS, the City Council finds that for at least thirty (30) days prior to date of the public hearing on this ordinance, the proposed Military Equipment Policy was made available on the Desert Hot Springs’ Police Department’s public website; WHEREAS, the City Council finds that the military equipment identified in the Military Equipment Policy, attached hereto as Exhibit A, is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and
WHEREAS, the City Council finds that proposed Military Equipment Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; and

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WHEREAS, the City Council finds that the military equipment identified in the Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and WHEREAS, the City Council finds that the Military Equipment Policy will apply to military equipment acquired prior to January 1, 2022.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Desert Hot Springs as follows:

Section 1. RECITALS
That the foregoing recitals are true and correct and are herein adopted by this reference.

Section 2. ADOPTION OF MILITARY EQUIPMENT POLICY
The City Council hereby adopts Policy No. 709, Military Equipment Policy, along with any related attachments, which are all attached hereto as Exhibit A.

Section 3. CEQA
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) City staff shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.

Section 4. SEVERABILITY
That, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.

Section 5. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 6. CERTIFICATION

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That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote:

Ayes:

Noes:

Abstain:

Absent:

ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Jennifer A. Mizrahi, City Attorney
_______________________________
Scott Matas, Mayor

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Exhibit A: Quantity
DHSPDMilitary
Equipment
Inventory
Unmanned, remotely piloted, powered aerial or ground vehicles Mine-resistant ambush-protected (MRAP)vehicles or armored personnel carriers Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion
Command and control vehicles that are either built or modi?ed to facilitate the operational control and direction of public safety units Weaponized aircraft, vessels, or vehicles of any kind
Battering rams, slugs, and breaching apparatuses that are explosive in nature (items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are speci?cally excluded)
Firearms of .50 caliber or greater (standard issue shotguns are speci?cally excluded) Ammunition of .50 caliber or greater (standard issue shotgun ammunition is speci?cally excluded)
Specialized ?rearms and ammunition of less than .50 caliber, including assault weapons as de?ned in Sections 30510 and 30515 ofthe Penal Code (except for standard issue service weapons and ammunition of less than .50 caliber) Any ?rearm or ?rearm accessory that is designed to launch explosive projectiles “Flashbang” grenades and explosive breaching tools, “tear gas," and "pepper balls” (excluding standard, service-issued handheld pepper spray) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD)
The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons
Any other equipment as determined by a governing body or a state agency to require additional oversight
Quantity
0 20- AR 15 Ri?es
4 — MP 5
0 20 — 40mm
6 - LL shotguns
275 - LL rounds

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SR-22-074
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 5, 2022
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: County Service Area 152 (CSA 152) Budget and Proposed Assessment For Fiscal Year 2022-23
RECOMMENDATION:
1) Review the budget and assessment for County Service Area 152; and 2) Adopt a Resolution of the City Council making its findings and establishing the rates for County Service Area 152 to fund the City's National Pollutant Discharge Elimination System (NPDES) Permit.

BACKGROUND:

County Service Area 152 National Pollutant Discharge Elimination System Stormwater Program, (CSA 152-NPDES), was formed and established in November 1991 by the County of Riverside. CSA 152 was necessary to fund requirements for public agencies to implement and comply with the National Clean Water Act permit. The City is a co-permittee with the County and other Coachella Valley agencies. The permit provisions implement the following policies, programs and/or procedures:
• Storm drain construction, maintenance and inspection; • Public Works and Planning staff time implementing new requirements for development projects;
• Construction and business inspections;
• Ordinance development and enforcement;
• Water quality sampling and monitoring programs
• Compliance plan development and implementation
• Street Sweeping
DISCUSSION:

All properties within City limits are assessed a CSA 152 fee based on their corresponding Benefit Assessment Unit (BAU) rate. The BAU rates are calculated based on the type of use of the property. A list of the various BAU rates and corresponding types is shown in Exhibit 1.

The City can only utilize CSA 152 funds for implementing the NPDES program. The City’s expenses include, city-wide catch basin clean-up, NPDES regional permit fees, NPDES state permit fee, and a portion of expenses for Street Sweeping services, a detailed annual budget is shown in Exhibit 2.

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SR-22-074
Current rates in CSA 152 are $10.00 per Benefit Assessment Unit (BAU). The maximum rate was established in CSA 152 at $10.00 per BAU; therefore, no balloting per Proposition 218 is required at the maximum rate. However, any assessment being proposed that exceeds the pre-determined maximum rate would require a public hearing and balloting process.

At this BAU rate, residential parcels are assessed $10.00 per year. The City currently collects approximately $146,400, which covers the $146,400 annual budget in expenses resulting in a reserve of approximately $0 (zero) dollars. All additional NPDES expenses are paid through other sources including the City’s General Fund.

Staff is recommending that the City council adopt the Resolution (Exhibit 3) and direct the City Clerk to transmit a certified copy of the Resolution to the County.

FISCAL IMPACT:

The $10.00 BAU rate will generate approximately $146,400 in annual funds to offset NPDES program implementation expenses for FY22-23. These funds and proposed expenditures are included in the Adopted Budget for FY22-23.

ATTACHMENTS:

Exhibit 1 - Benefit Assessment Units
Exhibit 2 - NPDES Annual Estimated Budget-CSA 152 FY 2022-2023 Exhibit 3 - Resolution CSA 152 FY 2022 - 2023

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Group Type BAUs
Group A Comercial, Industrial (Factories, Strip Malls, Shopping Centers, Office Buildings) 12 BAUs/Acre Group B Apartments, Mobile Home Parks, Churches, Schools 9 BAUs/Acre Group C Single Family Residential 1 BAUs/Acre
Group D Argriculture, Poultry, Irrigated Crops, Cultived Crops, Dairies, Livestrock, Feeding Yrads, Vacant Undeveloped Land 0 BAUs/Acre Group E Golf Courses, Private Parks 0.10 BAUs/Acre
Group F Parcels with Miscellaneous Structures 0.05 BAUs/Acre Benefit Assessment Units Page 133 of 176

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NPDES Annual Budget
Item Description Cost Estimate
City-wide Catchbasin clean-ups Annual maintenance of strom water catchbasins $50,000.00 Tax Administration Fee Property Tax Administration $2,000.00 NPDES Regional Permit NPDES Regional MS4 Permit cost share with co-permitees $20,000.00 NPDES State Permit State Water Resources Control Board Permit $10,000.00 Street Sweeping Annual Street Sweeping $64,400.00
Total Estimated Annual Budget $146,400.00

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RESOLUTION NO. 2022-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS, CALIFORNIA MAKING ITS FINDINGS AND ESTABLISHING THE RATES FOR COUNTY SERVICE AREA 152 TO FUND THE CITY’S NATIONAL

POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
WHEREAS, the City of Desert Hot Springs (“City”) is a co-permittee under the National Pollution Discharge Elimination System (“NPDES”); and
WHEREAS, under the NPDES Permit and the NPDES Municipal Separate Storm Sewer System (“MS4”) Permit, the City is required to monitor, inspect and clean the City’s storm channels so as to prevent unauthorized and potentially hazardous discharge into the Whitewater River Watershed and carry out programs and activities to maintain compliance with the MS4 Permit; and
WHEREAS, on December 21, 1993, the City was annexed into County Service Area (“CSA”) 152 to assist in funding the City’s responsibilities under the NPDES Permit; and WHEREAS, the County of Riverside (“County”), by its Resolution No. 93-454 annexed the City into CSA–152; and
WHEREAS, when the County established CSA–152, the maximum assessment per benefit assessment unit (“BAU”) was set at $10.00; and
WHEREAS, the City Council of the City of Desert Hot Springs established and set the rates for CSA – 152 and adopted an Administrative Services Agreement for CSA 152 Program Between Riverside County and the City to fund the City’s NPDES Permit to operate and maintain the City’s drainage and flood control systems and set the City’s annual assessment rate at $10.00 per “BAU”, and authorized the County of Riverside to levy assessments under CSA-152 for the benefit of the City; and
WHEREAS, the current NPDES (MS4) Permit adopted on June 27, 2013, requires the City to inspect, clean, and maintain all of the City’s storm channels; increases the frequency of inspection of construction and industrial and commercial businesses; and further requires the City to develop programs to reduce bacteria pollution in the Santa Ana River; and WHEREAS, NPDES (MS4) Permit program requirements have increased compliance costs for the City, and the City annual assessment was increased to the maximum allowed in Fiscal Year 15-16 to the maximum rate of $10.00 to provide funds for the increased cost; and WHEREAS, in order to recover NPDES (MS4) Permit program costs the City finds it necessary to authorize the County to continue CSA 152 assessments effective with the 2022/2023 property tax bill at $10.00 per BAU.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs, California, as follows:

Section 1. The City Council hereby finds and determines that each and every recital set forth above is true and correct.

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Section 2. Based upon the facts set forth herein, the City Council finds that CSA – 152 charges are assessments that confer benefits upon each parcel of property subject to the assessments. Pursuant to Section 5(a) of Article XIIID of the California Constitution, the CSA – 152 Desert Hot Springs assessments are exempt from the procedures and approval process because CSA – 152 existed before the effective date of Article XIIID. Further, pursuant to Section 5(a) of Article XIIID, any future increases are also exempt. The proposed changes to the annual assessment do not exceed the maximum assessment and do not constitute an increase in assessment for purposes of Article XIIID.

Section 3. That the City of Desert Hot Springs requests that the Riverside County Board of Supervisors impose the CSA–152 assessments within the City of Desert Hot Springs to $10.00 per benefit assessment unit.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the 5th day of April 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
[SIGNATURES FOLLOW ON THE NEXT PAGE]

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ATTEST: APPROVED:

Jerryl Soriano, CMC, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:

Jennifer A. Mizrahi, City Attorney

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SR-22-077
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 5, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: March 15, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - March 15, 2022

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City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, March 15, 2022
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, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

PUBLIC COMMENTS
None.

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

CLOSED SESSION:

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Gov Code Sec. 54957(b)
Title: City Manager
RECESS
PRESENTATIONS - 5:30 P.M.

CrimeStoppers Presentation
Greg Hough, President of Valley CrimeStoppers, provided an overview and responded to questions.

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City Council
March 15, 2022
SoCalGas Commendation
The City Council recognized SoCalGas for their clean-up efforts at Big Morongo Canyon trailhead and implementing improvements to prevent illegal dumping.

REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.

ROLL CALL

Present:

Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas

INVOCATION
Reverend Matthew Dudley gave the Invocation.

PLEDGE OF ALLEGIANCE
Council Member Pye led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.

APPROVAL OF AGENDA
ACTION: Approve the March 15, 2022 Regular Meeting agenda and approve the Consent Calendar in its entirety.

Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

PUBLIC COMMENTS
Brad Anderson discussed his letter expressing opposition to Item No. 10.

Judy Shea inquired about a veterinarian clinic, bus service on Mountain View Road,

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City Council
March 15, 2022
and the need for a stop sign at Mountain View Road and Via Domingo.

Juliana Dawson announced the Elks Lodge annual charity golf tournament.

CITY MANAGER REPORT
Geoffrey Buchheim, Administrative Services Director, provided a financial update.

Nicholas Haecker, Public Works Director, reported on vandalism that occurred at the entry-way lights and park restrooms.

Roberta Crncic, Executive Program Director, announced that the Little League opening day ceremonies would be held on March 26, 2022.

MAYOR AND COUNCIL MEMBER REPORTS
Council Member Betts reported on the various meetings and events he attended.

Mayor Pro Tem Gardner reported on the various meetings and events he attended.

Council Member Nuñez reported on the various meetings and events he attended.

Council Member Pye reported on the various meetings and events she attended.

Mayor Matas reported on the various meetings and events he attended.

PUBLIC HEARINGS:

Item 4 was considered at this time.

3. Annual Housing Element Progress Report for the Fifth Cycle Staff Report - SR-22-060 - Pdf
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take Public Testimony;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) Concur in recommendation of the Planning Commission that the City Council provide direction to Staff to submit the Annual Housing Element Progress Report for the Fifth Cycle.

Erick Becerril, Community Development Director, presented the staff report and responded to questions.

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City Council
March 15, 2022
Mayor Matas opened the Public Hearing.

Agusin Arreola, Lift to Rise, spoke in support.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation.

Moved by Council Member Betts
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

4. Development Agreement No. 20-4; A Development Agreement Between the City of Desert Hot Springs and JHW Land Investments LLC, for the Future Development of the Residences at Ovation Project (Previously Known as Marbella Villa Project)
Staff Report - SR-22-056 - Pdf
Recommendation:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take testimony from Applicant;
5) Take public testimony for those in favor;
6) Take public testimony from those opposed;
7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing
10) City Council discussion; and
11) A) Find the Project has already complied with CEQA pursuant to the MND Addendum conducted on October 13, 2020;
B) Approve Development Agreement No 20-4; and
C) Approve for first reading and read by title only, "An Ordinance of the City of Desert Hot Springs approving the Development Agreement (by and Between the City of Desert Hot Springs JHW Land Investments LLC) related to the future development of Residences at Ovation Project (previously known as Marbella Villa Project) a residential condominium project located on the west side of Palm Drive north of 15th avenue, APN’s 656-030-005 through 656-030-008."
Item 4 was considered prior to Item 3.

Patricia Villagomez, Assistant Planner, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

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City Council
March 15, 2022
There was no public testimony.

Mayor Matas closed the Public Hearing.

A discussion ensued.

ACTION: Approve Staff Recommendation
Moved by Council Member Pye
Seconded by Mayor Pro Tem Gardner
Carried 3-2 by the following votes:

AYES: Pye, Gardner, and Matas
NOES: Betts and Nuñez
The City Council recessed at 7:26 P.M.

The City Council reconvened at 7:36 P.M.

5. Transition From At-Large to By-District Elections (Public Hearing No. 3) Staff Report - SR-22-062 - Pdf
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 receiving public testimony as part of the administrative record;
6) City Council discussion and questions to Staff; and
7) Review draft maps 1-3 and provide direction on which map the City Council prefers; or provide direction for the demographer to create a new map or maps to review at the next public hearing scheduled for April 5, 2022.

Jerryl Soriano, City Clerk, presented the staff report. City Staff and the Demographer responded to questions.

Mayor Matas opened the Public Hearing.

Maribel Nunez, Black and Brown Redistricting Alliance, discussed her written comments, a copy of which was received and made a part of the record.

Betsy Sanchez Briones spoke in support of districting.

Victoria Doyle spoke opposed to Draft Map No. 2.

Kent Andersen spoke in favor of Draft Map 1.1.

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City Council
March 15, 2022
A discussion ensued.

ADMINISTRATIVE CALENDAR:

6. Award Professional Services Agreement - Musco Sports Lighting Staff Report - SR-22-063 - Pdf
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement with Musco Sports Lighting, LLC. for the design and installation of light-structure systems and Musco Vision camera systems for Mission Springs Park and Wardman Park in the amount not to exceed $663,990.00 with a contingency amount of $66,399.00 (10%), for any additional work as approved by the City.

The total budget amount is $730,389.00.

Nicholas Haecker, Public Works Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

7. Award Professional Services Agreement for Comprehensive Update of the City of Desert Hot Springs Zoning Ordinance (Desert Hot Springs Municipal Code Title 17 Zoning)
Staff Report - SR-22-059 - Pdf
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement with CASC Engineering and Consulting, Inc. for a comprehensive update of the Zoning Ordinance (Desert Hot Springs Municipal Code Title 17, Zoning) in an amount not to exceed $78,865.

Erick Becerril, Community Development Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Pye
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:

AYES: Betts, Nuñez, Pye, Gardner, and Matas

8. Award Professional Services Agreement for Architectural Services for Design of Detached Accessory Dwelling Units

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City Council
March 15, 2022
Staff Report - SR-22-058 - Pdf
Recommendation:

Authorize the City Manager to execute a Professional Services Agreement for Architectural Services with YNG Architects in an amount not to exceed $158,004.00.

Erick Becerril, Community Development Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Pye
Seconded by Council Member Nuñez
Carried 4-1 by the following votes:

AYES: Nuñez, Pye, Gardner, and Matas
NOES: Betts
CONSENT CALENDAR:

9. City Council Regular Meeting Minutes: March 1, 2022
Staff Report - SR-22-066 - Pdf
ACTION: Approved the Minutes as presented.

10. Second Reading and Adoption of An Ordinance Amending Chapter 8.16 (Shopping and Laundry Carts) of Title 8 (Health and Safety) of the Desert Hot Springs Municipal Code to Enhance Regulations for the Containment and Retrieval of Shopping Carts
Staff Report - SR-22-061 - Pdf
ACTION: Adopted Ordinance No. 752 “An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 8.16 (Shopping and Laundry Carts) of Title 8 (Health and Safety) of the Desert Hot Springs Municipal Code to Enhance Regulations for the Containment and Retrieval of Shopping Carts."

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 8:55 P.M.
_______________________________
Jerryl Soriano, City Clerk

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SR-22-068
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 5, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of "An Ordinance Approving the Development Agreement By and Between the City of Desert Hot Springs and JHW Land Investments, LLC"
RECOMMENDATION:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on March 15, 2022.

The Ordinance shall take effect thirty (30) days after its second reading.

FISCAL IMPACT:

The Developer has paid all required fees for the processing of the Development Agreement.

ATTACHMENTS:

Exhibit 1 - Staff Report from March 15, 2022
Exhibit 2 - Draft Ordinance
Exhibit 3 - Draft Development Agreement
Exhibit 4 - Addendum A Construction Schedule
Exhibit 5 - Residences at Ovation- Street Improvements Exhibit

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SR-22-056
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: March 15, 2022
Department: City Manager
Prepared by: Patricia Villagomez, Assistant Planner
Subject: Development Agreement No. 20-4; A Development Agreement Between the City of Desert Hot Springs and JHW Land Investments LLC, for the Future Development of the Residences at Ovation Project (Previously Known as Marbella Villa Project)
RECOMMENDATION:
1) Staff Report
2) Entertain questions of Staff from the City Council;
3) Open Public Hearing;
4) Take testimony from Applicant;
5) Take public testimony for those in favor;
6) Take public testimony from those opposed;
7) Take public testimony from those in a neutral position; 8) Opportunity for Applicant rebuttal;
9) Close the Public Hearing
10) City Council discussion; and
11) A) Find the Project has already complied with CEQA pursuant to the MND Addendum conducted on October 13, 2020;
B) Approve Development Agreement No 20-4; and
C) Approve for first reading and read by title only, "An Ordinance of the City of Desert Hot Springs approving the Development Agreement (by and Between the City of Desert Hot Springs JHW Land Investments LLC) related to the future development of Residences at Ovation Project (previously known as Marbella Villa Project) a residential condominium project located on the west side of Palm Drive north of 15th avenue, APN’s 656-030-005 through 656-030-008." BACKGROUND:

The Residences at Ovation Project (previously known as Marbella Villa Project) is a residential condominium project consisting of 402 residential condominiums, a community building, and common area amenities. The project is located on the west side of Palm Drive north of 15th avenue. The project consists of 42 residential buildings, including 25 two-story buildings (8 units each) and 17 three-story buildings (12 units each). All project details can be found in the attached Exhibit 1 from the Staff Report dated October 13, 2020.

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SR-22-056
On September 8, 2020, the Planning Commission held a public hearing on the Project. After testimony, the Planning Commission voted to continue the public hearing to a date certain of October 13, 2020.

On October 13, 2020, the Planning Commission held the public hearing on the Project and approved the Mitigated Negative Declaration Addendum, Development Permit No. 05-17, Conditional Use Permit No. 09-18, and Tentative Tract Map No. 37597 for the development of 402 residential condominiums and a community building, located on the west side of Palm Drive north of 15th avenue, APN’s 656- 030-005 through 656-030-008.

On October 27, 2020, the City received an appeal from the Sky’s Haven Homeowners Association, for the approval for the Project.

On May 4, 2021, the City Council held a public hearing and ultimately approved the Resolution to Uphold Planning Commission’s decision to approve the Addendum to the Mitigated Negative Declaration, Development Permit No. 05-17, Conditional Use Permit No. 09-18, and Tentative Tract Map No. 37597 for the development of 402 residential condominiums and a clubhouse, thereby denying the appeal and approving the Project.

DISCUSSION:

Although the underlying entitlements and CEQA have been approved, the Developer now seeks to enter into a Development Agreement related to the underlying Project.

The Desert Hot Springs Municipal Code (17.84 Development Agreements) and State law provides that the City and a developer may enter into a development agreement for the purpose of providing the developer general assurances and vesting of their project. In exchange, the City receives certain benefits in the form of revenue, improvements, etc. that the City could not otherwise legally impose on the particular project for a variety of reasons. Such reasons include, but are not limited to, (a) the lack of a nexus between a certain condition of approval and the scope of the project’s impacts on the environment or surrounding neighborhood or (b) the legal exclusion of a certain use from the imposition of certain fees or taxes.

On November 10, 2020, JHW Land Investments, Inc (Developer) applied for a Development Agreement (DA 20-4) for the Project. The Developer is not proposing any changes to the Project, and the Project remains the same as previously approved. In the Development Agreement the City and the Developer agree to the following:
• Developer will pay all applicable Development Impact Fees. • Developer will pay all applicable permit processing fees. • Developer will provide the City a public benefit as the Developer will pay for and construct 15th Avenue from Palm Drive to an estimated 2,000 feet west along entire frontage of project. Street improvements include a full width street section to both sides of the street in compliance with all City and State standards. This is a public benefit.
• The term of the Development Agreement is twenty (20) years subject to any extension and early termination provisions described in the Development Agreement.

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SR-22-056
• Developer will have the vested right to develop the Project pursuant to the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, and building and occupancy standards.

NOTICING REQUIREMENT
The proposed Development Agreement was noticed to neighboring owners within a 300-foot radius of the project site on March 3rd, 2022 and was advertised in the Desert Star Weekly on March 2nd, 2022 per state noticing requirements. No public comments have been received as of this writing.

FISCAL IMPACT:

The Developer has paid all required fees for the processing of the Development Agreement.

ENVIRONMENTAL ANALYSIS:

On October 13, 2020, the Planning Commission held the public hearing on the underlying entitlements and approved the Mitigated Negative Declaration Addendum, Development Permit No. 05-17, Conditional Use Permit No. 09-18, and Tentative Tract Map No. 37597 for the development of 402 residential condominiums and a community building, located on APN’s 656-030-005 through 656-030- 008 located on the west side of Palm Drive north of 15th avenue. No further environmental review is required with this Development Agreement. Further, on May 4, 201, the City Council held a public hearing and ultimately approved the Resolution to Uphold Planning Commission’s Decision to approve the Project.

ATTACHMENTS:

Exhibit 1 - Draft Ordinance
Exhibit 2 - Draft Development Agreement
Exhibit 3 - Residences at Ovation- Street Improvements Exhibit

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1 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, CALIFORNIA, APPROVING THE DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF DESERT HOT

SPRINGS AND JHW LAND INVESTMENTS, LLC
WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted Section 65864 et seq. of the California Government Code (the “Development Agreement Statute”); and WHEREAS, the Development Agreement Statute authorizes the City to enter into a property development agreement with any person having legal or equitable interest in real property for the development of such property in order to establish certain development rights; and
WHEREAS, the development agreement and associated entitlements are subject to CEQA and a CEQA review was completed; and
WHEREAS, City of Desert Hot Springs City Council (“City Council”) conducted a properly noticed public hearing to consider the Development Agreement (as defined below), at which testimony and evidence, both written and oral, were presented to and considered by the City Council; and
WHEREAS, the City Council shall approve a development agreement by ordinance.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. RECITALS
That the above Recitals are true and correct and are incorporated as though fully set forth herein.

SECTION 2: APPROVAL OF DEVELOPMENT AGREEMENT
That the City Council hereby approves the Development Agreement By and Between the City of Desert Hot Springs and JHW LAND INVESTMENTS, LLC (“Development Agreement”), a copy of which is attached hereto and incorporated herein by this reference as Exhibit “A,” subject to the terms and conditions stated therein.

SECTION 3: SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the

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2 remaining provisions, sections, paragraphs, sentences, or words of this Ordinance as hereby adopted shall remain in full force and effect.

SECTION 4: EFFECTIVE DATE OF ORDINANCE
That this Ordinance shall take effect thirty (30) days after its second reading by the City Council.

SECTION 5: EFFECTIVE DATE OF DEVELOPMENT AGREEMENT
The Development Agreement shall not be executed by the City until on or after the effective date of the Ordinance.

SECTION 6: RECORDATION OF DEVELOPMENT AGREEMENT
That the City Clerk is hereby directed to record the fully executed Development Agreement with the Riverside County Recorder no later than ten (10) days after its execution.

SECTION 7: CERTIFICATION
That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published according to law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 5th day of April, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
___________________________ _________________________
Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
___________________________
Jennifer Mizrahi, City Attorney

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3 EXHIBIT “A”

DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF DESERT HOT SPRINGS

AND JHW LAND INVESTMENTS, LLC

SEE ATTACHED

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RECORDING REQUESTED BY:

City of Desert Hot Springs
WHEN RECORDED MAIL TO:

City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, California 92240
Attention: City Clerk
APNs: [656-030-005, 656-030-006, 656-030-007, 656-030-008] (SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)
(Exempt from Recording Fees Pursuant to Government Code Section 27383 - Benefits City)

STATUTORY DEVELOPMENT AGREEMENT

BY AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
[DEVELOPER/PROPERTY OWNER]
This Statutory Development Agreement (“Agreement”) is entered into this ______ day of ___________, 2022, by and between City OF DESERT HOT SPRINGS, a municipal corporation located in the County of Riverside, State of California ("City"), and JHW Land Investments, LLC, a California Limited Liability Company, and or assigns ("Developer") pursuant to the authority of Sections 65864 et seq. of the California Government Code and Chapter 17.84 of the Desert Hot Springs Municipal Code.

R E C I T A L S:

WHEREAS, City is a charter city and recognized for certain purposes as a political subdivision of the State of California; and
WHEREAS, Developer has the right to develop approximately 25 acres of undeveloped real property within Section RS3, generally located on Palm Drive and 15 Ave, as more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference (“Property” or “Project Site”); and

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WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Sections 65864 et seq. of the California Government Code ("Development Agreement Statute") which authorizes cities to enter into property development agreements with any person(s) or entity(ies) having a legal or equitable interest in real property for the development of such real property in order to establish certain development rights in the real property; and
WHEREAS, a development agreement is intended to provide assurances to Developer that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval in exchange for assurances that City will receive certain payment of fees, the installation of certain infrastructure, and other benefits City cannot otherwise unilaterally impose as conditions of approval of the project outside the context of a negotiated development agreement; and
WHEREAS, this Agreement will eliminate uncertainty in planning for and secure orderly development of the Project Site and Project (as specifically described in this Agreement below), assure progressive installation of necessary improvements, and ensure attainment of the maximum effective utilization of resources within City at the least economic cost to its citizens; and
WHEREAS, based on the foregoing recitals, City has determined that this Agreement is appropriate under the Development Agreement Statute and Chapter 17.84 of the Desert Hot Springs Municipal Code; and
WHEREAS, this Agreement is voluntarily entered into in consideration of the benefits to and the rights created in favor of each of the parties hereto and in reliance upon the various representations and warranties contained herein; and
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute and Chapter 17.84 of the Desert Hot Springs Municipal Code and in consideration of the mutual covenants and promises of the parties contained herein, the parties agree as follows:

A G R E E M E N T:

Section 1. Incorporation of Recitals
The foregoing recitals are true and correct and are incorporated into this Agreement by this reference as though fully set forth herein.

Section 2. Effective Date

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This Agreement shall become effective on the effective date (“Effective Date”) of the ordinance enacting this Agreement (“Enacting Ordinance”); provided, however, that if a Citywide referendum election is called and the Enacting Ordinance is repealed, this Agreement shall be null and void as of the date of the final declaration by the City Council of the repeal of the Enacting Ordinance.

Section 3. Project and CEQA
The “Project” includes the following: Development Permit No. 05-17, Conditional Use Permit No. 09-18, Tentative Tract Map No. 37597 and Mitigated Negative Declaration Addendum: An Application for the Development of 402 Residential Condominiums and a Community Building on a 25-Acre Parcel on the North Side of 15th Avenue West of Palm Drive in the R-H (Residential High) and MU-C (Mixed Use Corridor) Zoning District. 05-17, Conditional Use Permit No. 09-18, Tentative Tract Map No. 37597 and Mitigated Negative Declaration Addendum: An Application for the Development of 402 Residential Condominiums and a Community Building on a 25-Acre Parcel on the North Side of 15th Avenue West of Palm Drive in the R-H (Residential High) and MU-C (Mixed Use Corridor) Zoning District.

Due to the fact that the Mitigated Negative Declaration was already prepared for this Project, this Development Agreement needs no further environmental review.

Section 4. Project Site
The “Project Site” consists of approximately 25 acres of unimproved real property located on the North Side of 15th Avenue West of Palm Drive in the R-H (Residential High) and MU-C (Mixed Use Corridor) Zoning District., as more particularly described in Exhibit “A,” upon which the Project will be developed in accordance with this Agreement.

Section 5. Purpose
The purpose of this Agreement is to ensure the Project and Project Site are developed Developer offers in addition to all applicable Development Impact fees approved by City pursuant to the California Mitigation Fee Act (Government Code § 66000 et seq.) and all applicable processing fees, Developer will provide the City a public benefit as the Developer will pay for and construct 15th Avenue from Palm Drive to an estimated 2,000 feet west along entire frontage of project, street improvements include a full width street section with base material, asphalt concrete, curb and gutter, sidewalk, landscaping, and street lights, in compliance with all City and State standards. The Public Benefit described herein shall be exempt from the requirements of the California Mitigation Fee Act (Government Code § 66000 et seq.) since Government Code section 66000 (b) provides that a “fee” does not include “fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4.”

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Section 6. Term
The parties agree that the term of this Agreement shall be twenty (20) years commencing on the Effective Date, subject to any extension and early termination provisions described in this Agreement.

Section 7. Termination
This Agreement shall be terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the 20-year term:
(b) Completion of the Project in accordance with the Project entitlements and City’s issuance of all required occupancy permits and acceptance of all dedications and improvements required under the Project entitlements and this Agreement. (c) Entry of final judgment or issuance of a final order directing City to set aside, withdraw, or abrogate City’s approval of this Agreement or any material part of the Project entitlements; or
(d) The effective date of a party’s election to terminate the Agreement in response to an uncured default by the other party, pursuant to the terms of this Agreement. (e) In the event of a termination of this Agreement with respect to any portion of the Project, any then-existing rights and obligations of the parties with respect to such portion of the Project shall automatically terminate and be of no further force, effect or operation. No termination of this Agreement with respect to any portion of the Property or Project shall affect in any way the parties’ rights and obligations hereunder with respect to any other portion of the Property or Project. In no event shall the expiration or termination of this Agreement result in any expiration or termination, without further action of City, of any entitlement approval then in existence.

Section 8. Cooperation by Developer
Developer shall, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations under this Agreement and cause its planners, engineers and other consultants to do the same. Developer also shall apply in a timely manner for such other permits and approvals from other governmental or quasigovernmental agencies having jurisdiction over the Project Site and/or Project as may be required for the development of, or provision of services to, the Project Site and/or Project, as contemplated by this Agreement.

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Section 9. Processing Fees
Notwithstanding anything else herein, Developer shall pay all applicable filing and processing fees pursuant to Section 17.36.050 “Fees” of the Desert Hot Springs Municipal Code in the amounts set forth in the schedule of fees in effect at the time such fees are due and payable during the land use entitlement review process.

Section 10. Additional Cost Reimbursement
In addition to the payment of the requisite processing fees, Developer shall reimburse City for the actual costs and expenses incurred by City for all services provided by City and its consultants, including legal counsel, for review, preparation and processing of this Agreement and related Project entitlements, and any research related thereto, which are not factored in City processing fees. Furthermore, to the extent that City, on behalf of Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Project Site and/or the Project as described in this Agreement, Developer shall reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreements, subject to Developer’s consent to such costs and expenses, which consent shall not be unreasonably withheld. Any fees, assessments or other amounts payable by City pursuant to any such agreements described herein shall be borne by Developer except where Developer has notified City in writing, prior to City entering into any such agreement, that it does not desire for City to execute said agreement.

Should Developer refuse to provide its consent with respect to the above matters, the City reserves the right to refrain from entering into the respective agreement or paying any fees, assessment or other amounts on behalf of the Project Site and/or Project.

Section 11. Commencement of Construction
See Addendum “A” 2022 Tentative Community Start Schedule Section 12. Vested Rights and Applicable Rules, Regulations and Policies Except as otherwise provided in this Agreement, Developer shall have the vested right to develop the Project pursuant to the rules, regulations, and policies governing the use, density, intensity, design, improvement, construction, and building and occupancy standards, in effect on the Effective Date of this Agreement, as set forth in this Agreement, Project entitlements, Title 17 “Zoning” of the Municipal Code, and all other applicable legal requirements in effect as of the Effective Date (collectively, “Applicable Law”). In light of the foregoing, City shall apply the Applicable Law when considering any actions or decisions pertaining to both discretionary and ministerial permits related to the Project and Project Site. It is the intent of City and Developer that the vesting of development rights of Developer shall include the permitted land

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uses, density and intensity of use of the Property, timing or phasing of development, zoning, provisions for reservation or dedication of land for public purposes, and the location and size of public improvements and other terms and conditions of development of the Project as set forth in the Project entitlements and this Agreement.
(a) In accordance with Government Code Section 65866, nothing herein shall be construed to limit City's authority to apply new rules, regulations and policies to the Project which do not conflict with the Applicable Law, nor to limit City’s police power to implement, based upon appropriate and adequate findings, specific emergency measures necessary to protect against real and actual threats to the health and safety of City residents. (b) Notwithstanding anything to the contrary contained in this Agreement, City may apply to the Project, at any time during the term of this Agreement, the then-current California Building Code, California Fire Code, and other uniform construction codes, provided that any such uniform code shall apply to the Project only to the extent that such code has been adopted by City, and is in effect on a City-wide basis.
(c) As provided in California Government Code Section 65869.5, this Agreement shall not preclude the application to the Project of changes in laws, regulations, plans or policies, to the extent that such changes are specifically mandated and required by changes in state or federal laws or regulations (“Changes in the Law”). In the event Changes in the Law prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended, or performance thereof delayed, as may be necessary to comply with the Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement.

Section 13. Minor Revisions
Minor revisions to the entitlements related to the Project Site and/or Project shall not require an amendment to this Agreement, provided that City finds and determines that the proposed change or modification is consistent with the development standards and guidelines set forth in this Agreement, Project entitlements, and Applicable Laws.

Section 14. Public Benefit
In addition to all applicable Development Impact fees approved by City pursuant to the California Mitigation Fee Act (Government Code § 66000 et seq.) and all applicable processing fees, Developer will provide the City a public benefit as the Developer will pay for and construct 15th Avenue from Palm Drive to an estimated 2,000 feet west along entire frontage of project, street improvements include a full width street section with base material, asphalt concrete, curb and gutter, sidewalk, landscaping, and street lights, in compliance with all City and State standards. The Public Benefit described herein shall be exempt from the requirements of the California Mitigation Fee Act (Government Code § 66000 et seq.) since Government Code

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section 66000 (b) provides that a “fee” does not include “fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4.” Section 15. Existing Exactions
Nothing set forth in this Agreement shall constitute a waiver of Developer’s obligation to pay or be subject to any other existing fees, exactions, in-lieu fees or payments, dedication or reservation requirements, obligations for on-site or off-site improvements, construction requirements for public improvements, facilities, or services required of the Project and/or Project Site under the Applicable Law, whether such requirements constitute subdivision improvements, mitigation, or impositions made under any applicable ordinance or other applicable regulation.

Section 16. Tax Districts
Owner agrees to the Subject Property being annexed into any current or future Community Facilities District, Community Services District, or any other tax district which would pertain to the Property.

Section 17. Nexus/Reasonable Relationship Challenges
Developer consents to and waives any rights it may have now or in the future to challenge the legal validity of, the conditions or requirements set forth in this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Developer reserves the right, however, to challenge in court any future fee, exaction, or other City Law that would, in Developer's opinion, conflict with Applicable Law (including this Agreement) or reduce the development rights provided by this Agreement.

Section 18. Covenants Running with the Land and Constructive Notice All of the terms, provisions, and obligations contained in this Agreement shall be binding upon Developer and its heirs, successors, and assigns, and all other persons or entities acquiring all or any portion of the Project Site and/or Project, or any interest therein, whether by operation of law or in any manner whatsoever, and the rights thereof shall inure to the benefit of City and its successors and assigns. As such, all of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including but not limited to, Section 1468 of the California Civil Code. Notwithstanding the above, every person who now or hereafter owns or acquires any right, title or interest in or to any portion of the Project Site and/or Project shall be deemed to have consented and agreed to every provision contained in this Agreement, whether or not any reference to this Agreement is

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contained in the instrument by which such person acquired an interest in the Project Site and/or Project.

Section 19. Civil Code Section 1542 Waiver
Developer hereby waives any and all rights Developer or its successors and assigns may have under Article XIIIC or Article XIIID of the California Constitution and any and all rights Developer of its successors and assigns may have under any other applicable law to contest the fees, exactions and assessments and/or their amounts payable to City under this Agreement as follows:

In furtherance of the intentions of the parties to this Agreement, Developer with and under advice of counsel, hereby expressly waives any and all right and benefit conferred upon Developer by the provisions of Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Developer further expressly waives any and all rights and benefits conferred upon Developer by any provision of any other state, federal or local statute, code, ordinance or law similar to Section 1542 of the Civil Code. Developer expressly consents that the waiver of rights contained in the first paragraph shall be given full force and effect, according to the express terms and provisions of the instant waiver, to unknown and unsuspected claims, demands and causes of action, if any, arising out of or relating to the waiver of rights contained in this Agreement.

Initials:

Developer ____ ______
Section 20. Periodic Review
City shall conduct a review of this Agreement as set forth as follows:
(a) Annual Review. City will review the extent of good faith compliance by Developer with the terms of this Agreement annually commencing on the first anniversary of the Effective Date of this Agreement.
(b) Notice. City shall notify Developer in writing of the date of review at least thirty (30) days prior thereto.

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(c) Good-faith Compliance. During each annual review, Developer is required to demonstrate good faith compliance with the terms of this Agreement. (d) Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as City, in the exercise of its reasonable discretion, may require.
(e) Cost of Annual Review. The costs incurred by City in connection with the annual review shall be borne by Developer.
(f) Failure to Conduct Review. City’s failure to conduct an annual review of this Agreement shall not constitute a breach of this Agreement. (g) Certificate of Compliance. If, at the conclusion of a periodic or special review, Developer is found to be in compliance with this Agreement, City shall issue a Certificate of Compliance (“Certificate”) to Developer stating that after the most recent periodic or special review and based upon the information known or made known to City that:
(i) this Agreement remains in effect and (ii) Developer is not in default. City shall not be bound by a Certificate if a default existed at the time of the periodic or special review but was concealed from or otherwise not known to City, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Developer.

Section 21. Relationship of Parties
It is specifically understood and agreed by and between the parties hereto that the Project is a private development and that neither party is acting as the agent of the other in any respect hereunder. City and Developer also hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners.

Section 22. No Third Party Beneficiaries
The only parties to this Agreement are Developer and City. There are no third-party beneficiaries, and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.

Section 23. Assignment of Rights
Developer shall have the right to assign its rights and obligations under this Agreement, by giving prior written notice to City Manager, to any entity in which Developer, or its principal shareholders, retain a majority ownership interest so long as such assignee expressly assumes the obligations of Developer hereunder. Otherwise, Developer may not assign all or any portion of its rights hereunder nor delegate all or any portion of its duties and obligations hereunder without

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the prior written consent of City, which consent shall not be unreasonably withheld.

Section 24. Severability
If any term, provision, covenant or condition of this Agreement is repealed by referendum or is held by a court of competent jurisdiction or an authorized government enforcement agency to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

Section 25. Singular and Plural; Gender; and Person
Except where the context requires otherwise, the singular of any word shall include the plural and vice versa; and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to “person” shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity.

Section 26. Time Is of the Essence
Time is of the essence of this Agreement and of each and every term and condition hereof.

Section 27. Waiver
All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to an Event of Default as defined in this Agreement. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's right to demand strict compliance and specific performance by the other party in the future. In addition, no express written waiver of any Event of Default shall affect any other Event of Default or cover any period of time other than as specified in such express waiver.

Section 28. Amendments
This Agreement may be amended from time to time by mutual consent of the original parties or their successors in interest, with City's costs payable by amendment applicants, in accordance with the provisions of Government Code Sections 65867 and 65868 and City's adopted procedures and requirements for the consideration of amendments to development agreements. Minor revisions, as described above, shall not require an amendment to this Agreement.

Section 29. Ambiguities or Uncertainties

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The parties hereto have mutually negotiated the terms and conditions of this Agreement and each party received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of both parties and neither party shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either party.

Section 30. Hold Harmless
Developer hereby agrees to, and shall defend, indemnify and hold harmless City, city council, commissions, boards, subcommittees and City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer's or Developer's officers’, agents’, consultants’, employees’, contractors’ or subcontractors’ negligent, willful or reckless conduct performed under this Agreement.

Section 31. Indemnification
Developer shall defend, indemnify and hold harmless City, city council, commissions, boards, subcommittees and City’s elected and appointed officials, commissioners, board members, officers, agents, consultants and employees (“City Parties”) from and against any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) any prior agreements by and between City and Developer; (ii) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved by City; (iii) any environmental determination made by City in connection with the Project Site, the Project or this Agreement; and (iv) any proceedings or other actions undertaken by City in connection with the adoption or approval of any of the above. In the event of any administrative, legal, equitable action or other proceeding instituted by any third party (including without limitation a governmental entity or official) challenging the legality, validity or adequacy of any of the above items, any portion thereof, or any provision of this Agreement, the Parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, City, at its sole option, may tender the complete defense of any third party challenge as described herein. In the event City elects to contract with special counsel to provide for such a defense, City shall meet and confer with Developer regarding the selection of counsel, and Developer shall pay all costs related to retention of such counsel by City.

Section 32. Delays in Performance
In addition to any other provisions of this Agreement with respect to delay, Developer

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and City shall be excused for performance of their obligations hereunder during any period of delay caused by acts of God or civil commotion; major acts of terrorism occurring in the United States of America; riots, strikes, picketing, pandemics or other labor disputes; shortage of materials or supplies; damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties; litigation, acts or neglect of the other party; restrictions imposed or mandated by governmental or quasi-governmental entities; and/or enactment of conflicting provisions of the Constitution, laws of the United States of America, the State of California, or any codes, statutes, regulations or executive mandates promulgated thereunder. If written notice of such delay is given to either party within thirty (30) days of the commencement of such delay, an extension of time for such cause shall be granted in writing for the period of the delay, or longer as may be mutually agreed upon.

Section 33. Events of Default
A default under this Agreement shall be deemed to have occurred upon the happening of one or more of the following events or conditions: (i) a warranty, representation, or statement made or furnished by Developer expressly in this Agreement to City or by City to Developer is false or proves to have been false in any material respect when it was made, and/or (ii) a finding by City made following a periodic review of the Agreement under the procedure provided for in Section 20 of this Agreement, based on substantial evidence, that Developer has not complied in good faith with one or more of the terms or conditions of this Agreement, and/or (iii) Developer’s failure to perform any of its material obligations under this Agreement (each, an “Event of Default”). Upon the occurrence of an Event of Default by Developer or City, the nondefaulting party shall provide the other party thirty (30) calendar days written notice specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured (“Notice of Default”). Subject to any extensions of time by mutual consent of the parties in writing, and subject to the provisions of Section 32 of this Agreement, the failure or unreasonable delay by either party to perform any material term or provision of this Agreement for a period of thirty (30) days after the dispatch of a written notice of default from the other party, or a determination that a warranty, representation, or statement made or furnished by Developer expressly in this Agreement to City is false or proves to have been false in any material respect when it was made, shall constitute a material breach and default under this Agreement. If the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30) calendar day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period.

Any Notice of Default given hereunder shall specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of an Event of Default, the party charged therewith shall not be considered to be in default for purposes of termination of this Agreement, institution of legal proceedings with respect thereto, or whether any further building permits shall be issued with respect to the Project Site.

Section 34. General Default Remedies
Subject to Section 38 (No Damages Relief) of this Agreement, after notice and

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expiration of the thirty (30) calendar day period without cure, the non-defaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity, including, but not limited to, the right to terminate this Agreement pursuant to California Government Code Section 65868 or seek mandamus, specific performance, injunctive or declaratory relief. Any rights or remedies available to non-defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a default by the other party under this Agreement shall be distinct and separate, providing the non-defaulting party with cumulative rights and remedies. None of such rights or remedies, whether or not exercised by the non-defaulting party, shall be deemed to exclude any other rights or remedies available to the non-defaulting party. The non-defaulting party may, in its discretion, exercise any and all of its rights and remedies, at once or in succession, at such time or times as the nondefaulting party considers appropriate.

Section 35. No Building Permit upon Developer Default
No building permit shall be issued or building permit application accepted for any structure or improvement on the Project Site after Developer is determined by a court of competent jurisdiction to be in default of any of the material terms and conditions of this Agreement, until such default thereafter is cured by Developer or is waived by City. If City lawfully terminates this Agreement because of Developer's default, then City shall retain any and all benefits, including without limitation any money, improvements, structures, easements or dedications received by City pursuant to any term or condition of this Agreement, and/or Project entitlements.

Section 36. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 37. Venue
In the event that suit is brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Central District of California, Riverside, California.

Section 38. No Damages Relief
Notwithstanding anything else in this Agreement to the contrary, Developer acknowledges that the City would not have entered into this Agreement had it been exposed to damage claims from Developer for any breach hereof. As such, the parties agree that in no event shall Developer be entitled to recover damages of any kind whatsoever against City for breach of this Agreement.

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Section 39. Legal Action; Attorneys’ Fees
Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. The prevailing party in any such action shall be entitled to its reasonable attorneys’ fees and costs to be paid by the losing party.

Section 40. Notices
Any notice or communication required hereunder between City and Developer shall be in writing and may be given either personally or by registered mail, return-receipt requested.

Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

To City:

City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Attention: City Manager
To Developer:

JHW Land Investments, Inc.
7957 Hemingway Ave
San Diego, CA 92120
Section 41. Entire Agreement
This Agreement and the exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. Except as otherwise specified in this Agreement and the exhibits attached hereto, any prior correspondence, memoranda, warranties, representations and agreements unless otherwise provided in this Agreement, are superseded in total by this Agreement and the exhibits attached hereto.

Section 42. Recordation; Subordination

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a. In order to comply with Section 65868.5 of the Development Agreement Statute, the parties do hereby direct City Clerk to cause a copy of this Agreement to be recorded with the Riverside County Recorder’s Office within ten (10) days after the Enacting Ordinance takes effect.
b. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof, including the lien of any mortgage. In the event the Property is encumbered with a lien (including without limitation a lien held by or in favor of any lenders, lessees and other interested parties) at time of recordation of this Agreement, Developer shall ensure any and all such otherwise superior liens are subordinated to this Agreement, to the reasonable satisfaction of City. Notwithstanding the foregoing and except as otherwise specifically stated in the terms of any security instrument held by a mortgagee, no default under this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Project Site made, or their interest in the Property acquired by, any mortgagee in good faith and for value.

Section 43. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 44. Consistency of Entitlements with Agreement
The parties hereto acknowledge that it is their intention that all terms, conditions and obligations of any and all entitlements related to the Project Site and/or Project, or arising from this Agreement shall be consistent with, or at minimum, shall not conflict with, the terms, provisions and obligations of this Agreement.

Section 45. Authority to Execute Agreement
The person or persons executing this Agreement on behalf of Developer and City warrant and represent that they have the authority to execute this Agreement and the authority to bind Developer and City, as applicable, to the performance of their respective obligations hereunder.

Section 46. Covenant of Good Faith and Fair Dealing
No party shall do anything which shall have the effect of injuring the right of another party to receive the benefits of this Agreement or do anything which would render its performance under this Agreement impossible. Each party shall perform all acts contemplated by this Agreement to accomplish the objectives and purposes of this Agreement.

Section 47. Partial Invalidity Due to Governmental Action

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In the event state or federal laws or regulations enacted after the effective date of this Agreement, or formal action of any governmental entity other than City, prevent compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by City, the parties agree that the provisions of this Agreement shall be modified, extended or suspended only to the minimum extent necessary to comply with such laws or regulations.

Section 48. Further Actions and Instruments
The parties agree to provide reasonable assistance to the other and cooperate to carry out the intent and fulfill the provisions of this Agreement. Each of the parties shall promptly execute and deliver all documents and perform all acts as necessary to carry out the matters contemplated by this Agreement.
[THIS PORTION LEFT BLANK INTENTIONALLY]

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above.

CITY OF DESERT HOT SPRINGS
APPROVED:

By: ___________________________
Scott Mattas, Mayor

ATTEST:

By: ___________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

By: ____________________________
Jennifer Mizrahi, City Attorney

DEVELOPER
APPROVED:
*By:____________________________
____________________________
Name/Title
*By:____________________________
____________________________
Name/Title
*Signatures must be notarized.

APPROVED AS TO FORM:

By: _____________________
Legal Counsel

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LIST OF EXHIBITS
Exhibit A: Description of Property

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EXHIBIT “A”

DESCRIPTION OF PROPERTY
[SEE ATTACHED]
Legal Description
656-030-005

10.00 ACRES IN POR NW 1/4 OF SEC 6 T3S R5E FOR TOTAL DESCRIPTION SEE

ASSESSORS MAPS
656-030-006

5.00 ACRES IN POR NW 1/4 OF SEC 6 T3S R5E FOR TOTAL DESCRIPTION SEE

ASSESSORS MAPS
656-030-007

5.00 ACRES IN POR NW 1/4 OF SEC 6 T3S R5E FOR TOTAL DESCRIPTION SEE

ASSESSORS MAPS
656-030-008

5.00 ACRES IN POR NW 1/4 OF SEC 6 T3S R5E FOR TOTAL DESCRIPTION SEE

ASSESSORS MAPS

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COMMUNITYSTART - FINISH SCHEDULE

THE RESIDENCES AT OVATION, DESERT HOT SPRINGS, CA
§ Number Of Accumulative Foundation { ArbitraryCalandar BuildingC of O ..99.:L<l2,.lJn?§2 ...mm€.‘zLe:t_l33t9.2_2W2-..!eJix§L<y2QaLeM 182 Calendar Da s
12/01/22 06/01/23
12/28/22 06/28/23
01/18/23 07/19/23
02/04/23 08/05/23
02/25/23 08/26/23
03/15/23 09/13/23
08/06/23 02/04/24
08/27/23 02/25/24
09/17/23 03/17/24
10/08/23 04/07/24
10/29/23 04/28/24
11/19/23 05/19/24
12/09/23 06/08/24
12/30/23 06/29/24
01/21/24 07/21/24
02/11/24 08/11/24
04/02/24 10/01/24
' 03/23/24 09/21/24
04/20/24 10/19/24
05/10/24 11/08/24
06/02/24 12/01/24
06/23/24 12/22/24
07/13/24 01/11/25
08/04/24 02/02/25
08/25/24 02/23/25
09/15/24 03/16/25
10/06/24 04/06/25
10/27/24 04/27/25
11/17/24 05/18/25
12/07/24 06/07/25
12/28/24 06/28/25
01/19/25 07/20/25
02/09/25 08/10/25
30/02/25 #VALUE!
03/21/25 09/19/25
04/11/25 10/10/25
05/01/25 10/30/25
05/22/25 11/20/25
06/15/25 12/14/25
07/05/25 01/03/26
07/26/25 01/24/26
08/17/25 02/15/26
_._; NM COOJO)EIJCD@(1JLI7C0
The Construction Phase Schedule is designed to back out of the community as construction completes each building by bringing in construction crews in from the backside of the community keeping new home owners fenced off from on going future phases. This is also a Start & Completion schedule based on a 182 calendar days to complete an 8 to 12 Unit Building every 3 weeks. This demonstrates the 42 VillaBuildings can be built and delivered within the 36 months projection. The start and completion dates willbe updated when Grading Permits are issued. These dates are arbitray with grading anticipated to start July 2022. Two units willbe allocated towards maintainance. 1 of1 Prepared on March 15,2022
2022 The Residences at Ovation Deve|opment.x|sx By Alizabeth James

ADDENDUM A

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Residences at Ovation
Site Plan

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Residences at Ovation
Site Plan
Street Improvements

1. Base material

2. Asphalt Concrete

3. Curb and Gutter

4. Sidewalk

5. Landscaping

6. Streetlights
(BOTH SIDES OF STREET)
15th Ave / Camino Campanero

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Residences at Ovation
Site Plan
Street Improvements

1. Base material

2. Asphalt Concrete

3. Curb and Gutter

4. Sidewalk

5. Landscaping

6. Streetlights
(BOTH SIDES OF STREET)
15th Ave / Camino Campanero

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Desert Hot Springs City CouncilApril 5, 2022

Desert Hot Springs City Council
April 5, 2022