Minutes — Desert Hot Springs City Council, April 19, 2022

City of Desert Hot Springs

ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, April 19, 2022
Council Chambers
CLOSED SESSION - 5:00 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 5:00 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: Joseph Miner v. City of Desert Hot Springs, Riverside Superior Court Case No. CVPS2106001

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Joseph Miner v. City of Desert Hot Springs, Riverside Superior Court Case No. CVPS2106016
RECESS
PRESENTATIONS - 5:30 P.M.

Recognition of Senior Inspiration Awards Honorees, Courtney Moe (2020- 21) and Donna Lozano (2022)

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City Council
April 19, 2022
The City Council recognized Senior Inspiration Award Honorees Courtney Moe and Donna Lozano.

REGULAR SESSION - 6:00 P.M.

CALL TO ORDER
Mayor Matas called the meeting 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
Council Member Pye gave the Invocation.

PLEDGE OF ALLEGIANCE
Council Member Betts 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 19, 2022 Regular Meeting Agenda and approve the Consent Calendar in its entirety.

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) Walker Beverly expressed concerns regarding short-term vacation rentals. 2) Marion Champion, Programs and Public Affairs Manager, Mission Springs Water District, announced that the groundbreaking ceremony for the new Regional Water Reclamation Facility would be held on June 10, 2022.

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City Council
April 19, 2022
3) Alex Delacruz spoke regarding electric scooters.
4) Eddie Johnson spoke regarding the "Flashback Fun Festival - Car Show" Senior Center event.
5) Katie Kuykendall-Anderson expressed concerns regarding traffic safety surrounding schools.

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

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

Roberta Crncic, Executive Program Director, announced season opening of the Furbee Aquatic Center.

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

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

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

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

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

PUBLIC HEARINGS:

4. Military Equipment Use Policy Ordinance Per Assembly Bill 481 Staff Report - SR-22-089 - 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;
6) City Council discussion and questions to Staff; and
7) Introduce for First Reading and read by title only, "An Ordinance of the City Council of the City of Desert Hot Springs, California, adopting a military equipment policy pursuant to Assembly Bill 481."
Steven Shaw, Deputy Police Chief, presented the staff report and responded to questions.

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City Council
April 19, 2022
Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation.

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
ADMINISTRATIVE CALENDAR:

5. FY21/22 Budget Appropriation Request-Purchase 105’ Quint and Paramedic Squad
Staff Report - SR-22-094 - Pdf
Recommendation:

Authorize the City Manager to send a Letter of Intent to Purchase a 105’ Quint and a Paramedic Squad.

Mike Beverlin, Division Fire Chief, presented the staff report and responded to questions.

A discussion ensued.

ACTION: Approve Staff recommendation.

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

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

6. Resolution Setting the Date and Place for a Public Hearing on the Solid Waste Fee Increase in Accordance With Proposition 218
Staff Report - SR-22-092 - Pdf
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, setting the time and place for a Public Hearing on the Solid Waste Fee Increase in amounts as provided in Exhibit A, pursuant to the Nexus Study in Exhibit 1C; and directing Staff to proceed with implementation in accordance with Proposition 218.

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City Council
April 19, 2022
Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

Chris Cunningham, Desert Valley Disposal, provided an overview of SB 1383.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-010.

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 4-1 by the following votes:

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

7. Line C-1 Storm Drain Funding Agreement
Staff Report - SR-22-075 - Pdf
Recommendation:

Authorize the City Manager to execute a Funding Agreement between the City of Desert Hot Springs and Riverside County Flood Control & Water Conservation District for the completion of the Line C-1 project, with substantive changes if needed to be approved by the City Manager and City Attorney.

Jilleen Ferris, City Engineer, 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

8. State Homeland Security Grant Program
Staff Report - SR-22-082 - Pdf
Recommendation:

Recommendation is for the Desert Hot Springs City Council to support this project and authorize the City Manager or his designee to execute this agreement as specified in the FY21 Standard Assurances Federal Grant Programs.

Steven Shaw, Deputy Police Chief, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner

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City Council
April 19, 2022
Carried 4-0 by the following votes:

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

9. City Council Regular Meeting Minutes: April 5, 2022
Staff Report - SR-22-093 - Pdf
ACTION: Approved the Minutes as presented.

10. Second Reading and Adoption of "An Ordinance 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" Staff Report - SR-22-090 - Pdf
ACTION: Adopted Ordinance No. 754: "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 Desert Hot Springs Municipal Code to provide for City Council Election Districts."

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 8:11 P.M.

Jerryl Soriano, CMC, City Clerk

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SR-22-089
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 19, 2022
Department: Police Department
Prepared by: Steven Shaw, Deputy Police Chief
Subject: Military Equipment Use Policy Ordinance Per Assembly Bill 481 RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony;
5) Close the Public Hearing;
6) City Council discussion and questions to Staff; and
7) Introduce for First Reading and read by title only, "An Ordinance of the City Council of the City of Desert Hot Springs, California, adopting a military equipment policy pursuant to Assembly Bill 481." 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:

On April 5, 2022 the City Council reviewed the attached Ordinance. Pursuant to AB 481, the City Council must now conduct the Public Hearing related to the attached Ordinance.

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 the governing body for purchase and usage of what the bill has deemed military equipment.

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.

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SR-22-089
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 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 in the agenda packet you will find a list of the specialized equipment definitions and an inventory list for the Police Department.

Pursuant to AB481 the City Council may approve the acquisition and use of military equipment if it determines all of the following:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
c. If purchasing the equipment, the equipment is reasonably cost effective as compared to available alternatives that can achieve the same objective of officer and civilian safety; and d. Prior military equipment use by the US Military is consistent with the military equipment use policy of the local law enforcement; or, if not consistent, the local law enforcement agency has taken corrective action to remedy nonconforming uses and ensure future compliance.

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SR-22-089
FISCAL IMPACT:

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

ENVIRONMENTAL ANALYSIS:

The proposed action does not meet the definition of a project as defined by Section 15378 California Environmental Quality Act (CEQA). A “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

ATTACHMENTS:

Exhibit 1 - DHSPD Military Equipment Policy
Exhibit 2 - DHSPD Military Equipment Inventory
Exhibit 3 - AB 481 Ordinance
Exhibit 4 - AB 481 PowerPoint

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Desert Hot Springs Police Department
709
Desert Hot Springs PD Policy Manual
Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070;Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
De?nitions related to this policy include (Government Code § 7070):

Governing body — The elected or appointed body that overseesthe Department.

Military equipment - Means equipment that is "militaristicin nature"as identi?ed in Government Code Section 7071 (c) (1-15) I
709.2 POLICY 1
It is the policy of the Desert Hot Springs Police Department that members of this department comply withthe provisions of Government Code § 7071 with respect to militaryequipment. 709.3 MILITARYEQUIPMENTCOORDINATOR . The Deputy Chief isto act as the militaryequipment coordinator;The responsibilities ofthe military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy. '
(b) Identifying department equipment that quali?es as;military equipment in the current possession of the Department, or the equipment theDepartment intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment atleast annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Desert Hot Springs Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).

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Desert Hot Springs Police Department
Desert Hot Springs PD Policy Manual
Military Equipment
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department willrespond in a timely manner.
709.4 MILITARYEQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[See attachment: DHS Qualifying MilitaryEquipment |nventory.pdf] 709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment fora purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATIONWITH OTHER JURISDICTIONS
Through the Association of Riverside County Chiefs of Police and Sheriff's (ARCCOPS) mutual aid agreement, all cities within Riverside County have agreed to accept the use of each law enforcement agency's Military equipment policy related to any enforcement action throughout Riverside County. Militaryequipment used by any member of thisjurisdiction shall be approved for use and in accordance with this department policy. Military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their perspective military equipment use policies in rendering mutual aid.

Copyright Lexipul. LLC 2022102101, AllRights Reserved. Mi|itary Equipment — 564 Published with permission by Desert Hot Springs Police Department Page 11 of 181 Desert Hot Springs Police Department
Desert Hot Springs PD Policy Manual
MilitaryEquipment
709.7 ANNUALREPORT
Upon approval of a militaryequipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved withinone year of approval, and annually thereafter for as long as the militaryequipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all informationrequired by Government Code § 7072 for the preceding calendar year for each type of militaryequipment in department inventory. 709.8 COMMUNITYENGAGEMENT
Within30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicizedand conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Desert Hot Springs PD Policy Manual
DHS Qualifying Military Equipment |nventory.pdf
Copyright Lexipol,LLC2022102101. AllRights Reserved. Qualifying Equipment Published withpermission by Desert Hot Springs Police
Department
|nventory.pdf - 859

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Desert Hot Springs QualifyingMilitaryEquipment:
0 Unmanned, remotely piloted powered aerial or ground vehicles 0 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 - 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-road capabilities. 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 ?ood, ?re 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
a 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-CATvehicle - A tracked bulletresistant 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 or structures. 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 Benelli shotguns
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 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 officer 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
0 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
o The BOMB-CATbullet resistant Rescue vehicle provisioned with a front mounted Water Cannon. BOMB-CAT use is for tactical operations and explosive ordinance mitigation and ?re suppression
Long Range Acoustic Device (LRAD)

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0 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 LRAD can 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 unlawfulassembly 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 publicsafety issues. Vehicles are designed withadditional 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 configured for high and low energy impact. Munitions have 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, an'ned suspects, and subjects who are suicidal with minimal injuryand risk to the person, law enforcement or the public Bean Bag Launchers
0 Less lethal bean bag is utilized through 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
o 40mm and 37mm launchers capable of deploying rubber projectile munitions. An effective less lethal tool used routinely with success

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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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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 negativeeffect 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
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:

Abstain:

Absent:

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

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AB 481 Ordinance
Adoption and Public
Hearing
Desert Hot Springs
Police Department

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Background
On September 30, 2021, California Gov. Gavin Newsom
signed Assembly Bill 481, which became effective January 1, 2022.

AB 481 identifies certain specialized law enforcement
equipment as ‘military equipment’ and requires oversight from the City Council for purchase and use of what the bill has deemed ‘military equipment.’
The law requires the police department to create a Use
Policy that has been adopted by the City Council after
holding a public meeting to seek the public’s input.
2

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Purpose of Ordinance
3 • Seek approval and support from the City Council for the acquisition and deployment of current and future specialized police equipment.
• Consider the public’s concerns about safety, civil rights and the public’s welfare.
• Approve the current Use Policies which establish on-going standards for safe de-escalation techniques and police equipment use and application consistent with AB 481.
• Once a year, the Ordinance and Department Use Policies will be submitted to the City Council for review and approval.

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Purpose of Police Equipment
4 • The preservation of human life
• Search and Rescue Operations
• Evacuating victims
• Fast responses to catastrophic events
• Reduce liability of physical injury to public and department personnel
• High-risk apprehensions
• Allow for safe and effective de-escalation tactics
• Less-lethal use of force option
• Specialized Police Equipment will act as a force-multiplier in some cases to reduce manpower hours, which ultimately saves the county money

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Impact on Residents & Businesses
5  Specialized Police Equipment is already in use by law enforcement agencies throughout the county.
 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).

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City Council Approval Pursuant to AB481
6 ‘Military’ (specialized police) equipment is necessary because there is no reasonable alternative to achieve officer & civilian safety
The Use Policies will safeguard the public’s welfare, safety, civil rights and civil liberties
If purchasing, determine the equipment is reasonably costeffective compared to available alternatives that can achieve the same objective of officer or civilian safety (no purchases at this time)
Determine existing police equipment complies with the Use Policy; if not, remedy non-conforming issues and ensure future compliance (no known non-compliance issues)

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Public Hearing & Recommendation
7 Formally adopt Military Equipment Use Ordinance and
Department “Use Policy” for the current deployment and future acquisition of specialized law enforcement equipment

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8 QUESTIONS?

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SR-22-094
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 19, 2022
Department: Fire
Prepared by: Mike Beverlin, Division Chief
Subject: FY21/22 Budget Appropriation Request-Purchase 105’ Quint and Paramedic Squad
RECOMMENDATION:

Authorize the City Manager to send a Letter of Intent to Purchase a 105’ Quint and a Paramedic Squad.

DISCUSSION:

CALFIRE/Riverside County Fire Department is seeking a letter of intent to purchase a Paramedic Squad and 105’ Quint and associated equipment on behalf of the City. This will allow us to secure a chassis and production date as well as lock in the price to avoid further price increases. Purchase of a Paramedic Squad (Medic Squat 37) allows for multiple units to respond to silmultaneous calls.

Purchase of the Quint is in anticipation of the construction of the City's new Fire Station.

The tables below provide a breakdown of anticipated costs:

FY21/22 Budget Appropriation Request – Purchase Paramedic Squad:

Item Cost Quantity Total
F550Chassis & Custom Fire- Body $217,403.00 1 $217,403
ALS EMS Startup including Zoll
Cardiac Monitor
$43,558.00 1
$43,558.00
MSA 6000 Thermal Imaging Camera $8000 1 $8000.00
Scott RIC PAK 3 $4,416.12 1 $4,416.12
Mobile Data Computer $3,698.00 1 $3698.00
ePCR Computer $3,428.00 1 $3428.00
Chain Saw $1160.00 $1160.00
Rotary Rescue Saw $1,449.00 1 $1,449.00
SCBA Air-Pak NFPA 2018 X3
PRO;
4500 psi, Dual EBSS, PASS and
Pak- Tracker c/w, 2-4500 psi, 45-
min cylinder, EPIC 3 voice
amplifier
$5,796.00 2 $11,592
TOTAL OUTFITTING $294,704.12

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SR-22-094
An additional 10% contingency in the amount of $29,470 is recommended due to the volatility of the supply chain, and to account for unforeseen items with the apparatus build. This contingency can only be accessed with City approval for issues related to the build of the apparatus and is not intended to be used as additional funds. With the contingency included, we are requesting a total appropriation of $324,174.12.

FY21/22 Budget Appropriation Request – Purchase 105’ Quint:

Quint 105 Aerial (3 axles)
Base, performance bond, deliver, inspections 1,500,000.00 Tax 116,250.00
Lettering and equipment mounting estimate 35,000.00
Radio, MDC and Knox-Box (County costs) 7,000.00
Subtotal 1,658,250.00
Equipment (compliment estimate) 105,000.00
EMS Equipment $43,558.00.00
1,806,808.00
An additional 10% contingency in the amount of $180,680 is recommended due to the volatility of the supply chain, and to account for unforeseen items with a custom apparatus build. This contingency can only be accessed with City approval for issues related to the build of the apparatus and is not intended to be used as additional funds. With the contingency included, we are requesting a total appropriation of $1,987,488.00.

Upon City Council approval, procurement will be piggybacking onto an existing contract, which will eliminate the need to write a custom apparatus specification, saving time and money while standardizing the fleet.

FISCAL IMPACT:

The Paramedic Squad vehicle and equipment can be purchased immediately in an amount not to exceed $324,174.12, using available funds in the Fire Development Impact Fee Fund.

For the purchase of the 105’ Quint in an amount not to exceed $1,987,488.00, there will be a portion of funds available in the Fire Development Impact Fee Fund, which will accumulate over the next two years. Other alternatives would be obtaining grant(s), use monies from the American Rescue Plan Spending funds and, as a last resort, General Fund reserves.

ATTACHMENTS:

Exhibit 1 - Ford Model Year 2022 Pricing Disclaimer
Exhibit 2 - Riverside 10' Squad Specifications
Exhibit 3 - Riverside County 105' Aerial
Exhibit 4 - Riverside County 10' Squad Drawing
Exhibit 5 - Riverside County CA W5H

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RE: Quote ID RIVERSIDE2
RIVERSIDE2
Ward Apparatus
1250 Schweizer Road
Horseheads, NY 14845

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Ward Apparatus
Riverside County – Squad
Quote: 21-208
Date: 10/19/2021
SPECIFICATIONS - NEW ALL-ALUMINUM 10 FOOT RESPONDER BODY MUD FLAPS – REAR/FRONT:

There shall be black rubber mud flaps installed for the rear wheels. Ford OEM front mud flaps to be provided.

RUNNING BOARDS:

Running boards shall be installed on the unit under the cab and crew cab doors. They shall be fabricated from aluminum diamond plate. These running boards shall be structurally reinforced for maximum strength.

FUEL FILL DOOR:

A flush mounted fuel filler guard with a hinged door shall be installed over the fuel fill hose.

The opening shall be labeled DIESEL FUEL ONLY engraved on a permanently attached label.

DIESEL EXHAUST FLUID FILL DOOR:

A flush mounted fuel filler guard with a hinged door shall be installed over the diesel exhaust fluid fill. The opening shall be labeled with a permanently attached label.

WHEEL COVERS:

No wheel covers shall be provided.

Note: Ford chassis is ordered with aluminum wheels.

TOW EYES - REAR:

There shall be two (2) chrome tow eyes mounted directly to the chassis frame rail at the rear of the unit.

TOW EYES - MOUNTING:

Each tow eye shall be recessed and mounted in a cast aluminum housing.

BATTERY CHARGER:

Blue Sea Systems 7532, 40-amp, battery charger will be supplied with the apparatus. The charger to be capable of charging batteries and functioning as a continuous 40-amp 12VDC power supply. The charger features a cast aluminum housing.

AUTO EJECT:

Blue Sea Systems "Sure-Eject", Model 7851, automatic disconnect device shall be provided and installed on the 110-volt shoreline connection complete with weatherproof cover. The Auto-Eject shall be activated by the chassis starter switch to disconnect the plug. Auto eject cover to be red. Auto eject to be located on driver’s side of rear wheel well.

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CAB CONTROL CONSOLE:

There shall be one (1) cab control console installed in the chassis between the cab bucket seats.

The center console shall be Troy products #CC-MC-18. The console shall have provisions for the mounting of:

Customer supplied radios
Two (2) internal beverage cup holders
Map book/binder storage to be fabricated/attached by Manufacturer at rear of console The console shall be provided with all necessary blank cover plates to not allow any open spaces in the finished console.

ACCESSORY PANEL:

One (1) Blue Sea Systems 4365 water-resistant 15-amp accessory panel to be provided. To include one (1) 12V socket and two (2) 2.1-amp dual USB chargers for recharging electronic devices in the apparatus. Panel to include a back-lit Carling 15-amp circuit breaker switch to shut-off panel power. To be installed in the center cab console.

VEHICLE DATA RECORDER (VDR):

There shall be one (1) CLASS ONE Vehicle Data Recorder (VDR) provided and installed per NFPA 1901-2009 requirements. The VDR shall be an integrated component of the Class1 ES-Key multiplexed electrical system and shall record such data as the vehicle speed, acceleration/deceleration, engine speed, engine throttle position, ABS event, seat occupied status, seat belt status, master optical warning switch, park brake, service brake, time, date and engine hours. The VDR data shall be downloadable by a mini USB cable to a computer. * * * * * * * * WALK-AROUND BODY * * * * * * * *
The apparatus body shall be manufactured as per the following specifications:

BODY MATERIALS:

The following shall be the minimum acceptable materials, gauge, and finish used:

Aluminum Sheeting - All exterior panels shall be 5052-H32 aluminum of .125" thickness.

Aluminum Diamond Plate - All diamond plate shall be 3003-H14 aluminum of .125" thickness.

Body Mounting - All body mounting bolts to be minimum Grade 5.

Exterior Fasteners - All exterior nuts, bolts, and screws shall be stainless steel.

BODY DESIGN:

The body shall be modular in design, allowing it to be removed and remounted on a new chassis.

BODY MOUNTING:

The body shall be mounted to the chassis frame at not less than six (6) locations, three (3) on each side. The mounts shall secure the 1.0" x 3.0" 6061-T6 alloy solid aluminum flat-bar of the floor sub-frame to the chassis frame.

Neoprene pads shall be furnished and installed between the body and the mounts to prevent electrolysis and to minimize noise transfer.

Note: Body mounts to be spring-loaded to minimize adverse effects of chassis frame torque.

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BODY CONSTRUCTION:

The primary body material shall be .125" aluminum for the sides, front, rear and top of the body.

The body framing shall be square tubing not less than 2" x 2" x (.125") on a maximum of 16" centers.

The framing shall be fully welded grid design, completely supporting the floor, sides, and the roof for maximum strength and durability.

The body skin shall be fully bonded to the interior framing.

BODY CORNERS - EXTRUDED:

The exterior body corners and roof perimeter shall be capped with a radiused (2.44") custom aluminum extrusion and welded to the wall and roof structure. Body corners create additional protection from physical and environmental damage to the super-structure.

BODY ROOF:

The roof support framing shall be constructed of 2" x 2" x .125" 6063-T52 extruded aluminum tubing.

The body roof shall be a minimum of .125" embossed aluminum diamond plate and all roof seams shall be fully bonded and sealed.

The roof shall be designed in grid pattern to allow the roof to support 5000 lbs. and to be used as a command post.

FRONT BODY SHEET:

The entire front of the apparatus body shall be constructed of .125" aluminum diamond plate.

STONE GUARDS:

The front body corners shall have .125" aluminum diamond plate protective guards. The stone guards shall be bolted to the body and provide coverage at a minimum of 24" high from the base of the body.

REAR BODY SHEET:

The rear body sheet shall be fabricated of .125" smooth aluminum sheeting.

The area under the rear door and above the rear step shall include an overlay of .125" aluminum diamond plate. This will serve as a kick plate to protect the painted surfaces.

WHEEL WELL LINERS:

The inside of the rear wheel wells shall be covered with an aluminum inner liner.

WHEEL WELL PANELS PAINTED:

The wheel well body panels shall be painted with no trim overlaid on the body panel.

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SCBA WHEEL WELL STORAGE:

There shall be SCBA bottle storage compartment provided in the rear wheel well area. The air bottle compartment shall be in the form of an 8" round tube and shall be 25 1/4" deep to accommodate an air bottle. A brushed aluminum or stainless steel hinged door with latch shall be provided for each compartment.

NOTE: Two (2) SCBA bottle storage compartments to be provided, one (1) on each side of the wheelhouse, curb side of vehicle.

FENDERETTES:

The wheel well openings shall be trimmed with polished stainless steel fenderettes bolted in place.

RUB RAILS:

A two (2) part impact and rub rail system shall be used for body side protection.

A structural body impact rail shall be welded into the apparatus body structural members. This impact rail shall be composed of 6063-T52 alloy-extruded aluminum. It shall receive the body side sheet by means of a groove, which runs continually fore to aft of the module for maximum strength and impact protection.

Additionally, a .75” thick x 3” wide polished extruded aluminum “sacrificial” rub rail shall be bolted to the body “impact” rail to aid in collision protection. The outside vertical edges shall be chamfered for an aesthetic appearance and to reduce the chance of personnel injury.

Applied to the recessed center of this “sacrificial” rub rail shall be black Scotchlite reflective striping to provide additional body side illumination.

DRIP RAILS:

There shall be polished aluminum rain gutters installed on the side and rear of the body, the rain gutters shall be fastened to the body and removable in case of damage. Rain gutters that are an integral part of the roof radius will not be acceptable due to the difficulty in replacing if damaged.

FLOOR CONSTRUCTION:

The sub structure shall be constructed of 2.0" x 2.0” x .250” 6063-T52 alloy square aluminum tubing, welded and gusseted to the side-wall structure for maximum strength and durability.

Two (2) mounting rails of full-length 1.0” x 3.0” 6061-T6 alloy solid aluminum flat-bar shall be welded to the sub structure, the mounting rails to align with the chassis frame rails for mounting of the body to the chassis.

The sub structure belly-pan shall be fabricated from .090" aluminum sheeting and welded to the sub structure.

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BODY COMPARTMENT CONSTRUCTION:

The body compartments shall be fully enclosed and isolated from adjoining compartments. All compartment walls to extend fully from floor to ceiling. All seams to be fully sealed.

Each compartment ceiling and wall shall be covered with .125” aluminum sheet. Wiring channels shall be provided where necessary and these shall be bolted into place for ease of access. Each body compartment shall be coated with light gray Zolatone surfacing material.

EXTERIOR COMPARTMENT VENTING:

Each compartment that extends below the chassis frame shall have a removable louvered vent panel with a replaceable filter.

EXTERIOR COMPARTMENT SPECIFICATIONS
DRIVER'S SIDE:

The front driver's side compartment, L1, shall have a clear opening of 55 1/4" H x 24" W x 20 3/4" D with a vertically hinged single door. This shall be a transverse compartment.

The compartment over the rear wheels on the driver's side, L2, shall have a clear opening of 28" H x 38 7/8" W x 24" D with vertically-hinged double-doors.

The driver's side compartment behind the rear wheels, L3, shall have a clear opening of 52" H x 33" W x 24" D upper portion and 18" D lower portion with a vertically hinged single door.

OFFICER'S SIDE:

The front officer's side compartment, R1, shall have a clear opening of 55 1/4" H x 24" W x 20 3/4" D with a vertically hinged single door. This shall be a transverse compartment.

The compartment over the rear wheels on the officer's side, R2, shall have a clear opening of 28" H x 38 7/8" W x 24" D with vertically-hinged double-doors.

The officer's side compartment behind the rear wheels, R3, shall have a clear opening of 52" H x 33" W x 24" D upper portion and 20 3/4" D lower portion with a vertically hinged single door.

REAR:

There shall be a compartment located at the rear of the body, RR1, which shall have a clear opening of 40" H x 36" W x 87” D with vertically hinged double doors.

COMPARTMENT DOOR CONSTRUCTION:

Each swing door shall be constructed of reinforced .125" aluminum sheeting and shall be approximately 2" thick. THE USE OF EXTRUSIONS IN THE CONSTRUCTION OF THE DOORS SHALL NOT BE ALLOWED.

All doors shall be mounted on a full length polished stainless-steel hinge with a minimum of .250" stainless steel pins. The hinges are bolted to the body and doors at a minimum of every six (6) inches.

The doorjambs shall have gaskets on all four sides.

The doors shall be flush mounted to prevent the gaskets from freezing to the body exterior.

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The inner door panel shall be constructed of 18 gauge brushed stainless steel and shall be bolted to the outer skin of the door.

Compartments with swing doors shall have stainless steel "D" handle latches, which will activate Eberhard #26T-400 series locks via a threaded stainless-steel rod with yoke end.

There shall be a turnbuckle installed on the rod for easy adjustment. The rotary locks shall be mounted on the top and bottom of both doors and shall be mounted within the door pan.

DOORS THAT USE A SINGLE POINT, SINGLE CATCH LATCH WILL NOT BE PERMITTED.

Note: Adequate venting to be installed in interior door panels and lower door frame to eliminate internal compartment air pressure and facilitate easier closing.

VERTICAL DOOR HOLD OPEN DEVICE:

All vertically hinged doors shall be equipped with pneumatic struts. When a door is open, the strut shall hold the door open at 90 degrees to the body.

COMPARTMENT L1 SHALL CONTAIN:

SLIDE OUT TRAY:

One (1) On-Scene Solutions slide out tray shall be fabricated and installed in the compartment. The tray shall be constructed from 3/16" smooth aluminum and have a 3" lip on all four sides. The tray shall have a capacity of 1000 pounds.

The tray shall have a special design that will be approved by RCFD per included drawing.

COMPARTMENT R1:

Compartment R1 shall contain:

SLIDE OUT TRAY:

The tray shall have a special design that will be approved by RCFD per included drawing.

TRANSVERSE COMPARTMENT L1/R1 SHALL CONTAIN:

BACKBOARD STORAGE:

A horizontal storage rack constructed of 1/8" aluminum shall be provided in the rear portion of the transverse compartment. The storage rack shall have separate vertical sections for storage of long backboards. Equipment shall be accessible from both sides.

Note: Belt buckle type strapping shall be provided to prevent sliding.

STORAGE FOR PIKE POLE AND HOOKS:

The upper portion of the front transverse compartment shall be sectioned to provide storage for pike poles and hooks to match previous build.

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COMPARTMENT L2 SHALL CONTAIN:

ADJUSTABLE SHELF:

One (1) adjustable shelf shall be fabricated and installed. The shelf shall be constructed of 3/16" DA finished aluminum, with a 2" lip on all four sides. The shelf shall be vertically adjustable by mounting in four (4) heavy duty C-channel tracks that are attached to the compartment walls.

COMPARTMENT R2 SHALL CONTAIN:

ADJUSTABLE SHELF:

COMPARTMENT L3 SHALL CONTAIN:

ADJUSTABLE SHELF:

Four (4) adjustable shelves shall be fabricated and installed. The shelves shall be constructed of 3/16" DA finished aluminum, with a 2" lip on all four sides. The shelves shall be vertically adjustable by mounting in four (4) heavy duty C-channel tracks that are attached to the compartment walls.

COMPARTMENT R3 SHALL CONTAIN:

ADJUSTABLE SHELF:

Two (2) adjustable shelves shall be fabricated and installed. The shelves shall be constructed of 3/16" DA finished aluminum, with a 2" lip on all four sides. The shelves shall be vertically adjustable by mounting in four (4) heavy duty C-channel tracks that are attached to the compartment walls.

COMPARTMENT RR1 SHALL CONTAIN:

SLIDE OUT TRAY:

One (1) On-Scene Solutions 81 Series slide out tray shall be fabricated and installed in the compartment. The tray shall be constructed from 3/16" smooth aluminum and have a 3" lip on all four sides. The tray shall have a rated capacity of 750 pounds at lengths over 75”.

The rear tray shall have a full-length divider that is installed. The divider shall be fully adjustable from side to side within the tray.

LONG TOOL AND BACKBOARD STORAGE:

A horizontal storage rack constructed of 1/8" DA finished aluminum shall be installed in the upper portion of the rear compartment. The storage rack shall allow for stokes basket storage on the top shelf on the right side and long handle tool storage on the left. Seatbelt Strapping shall be provided to prevent sliding.

The floor of the compartment shall be lined with plastic/poly material.

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REAR STEP AND BUMPER:

The rear bumper and step assembly shall extend full width of the body.

The bumper structure shall be attached to the chassis frame rails using a minimum of 3" structural channel. The bumper and step assembly shall extend beyond the rear of the modular body approximately 11" to protect the body from damage.

The rear step shall be constructed of an .125 Embossed Diamond Plate.

ROOF TOP TIE DOWN BACKING PLATES
There shall be (4) .25" aluminum backing plates installed on the top of the body for future use as tie down anchors. Mounting plates to be constructed to provide 5” x 5” on center.

The plates shall be welded to the underside of the roof cap. The roof cap and the backing plates shall be drilled and tapped for 3/8" bolts. Manufacturer to install bolts with silicone in the backing plates for RDFD future use.

TRAILER HITCH:

One (1) class IV trailer hitch shall be installed on the rear of the rescue vehicle. The trailer hitch shall include an electrical connection.

TRAILER PLUG CONNECTOR:

A trailer plug connector wired to the taillights shall be provided and installed under the rear step. Power shall also be provided for the trailer brakes. Included shall be a mating plug connector.

TRAILER BRAKE CONTROLLER
There shall be (1) Tekonsha P3 (part# 90195) electronic trailer brake controller installed near the drivers left knee.

BODY WIRING DIAGRAM:

There shall be two (2) complete wiring diagram(s) supplied when the vehicle is delivered. The diagram(s) shall include the 12-volt system, shall be customized for the vehicle and shall not be a standard wiring diagram.

ELECTRICAL MULTIPLEX SYSTEM:

There shall be a Class 1 Multiplexed Electrical System installed. The multiplex system shall consist of all solid-state components contained inside aluminum extrusions referred to as nodes.

Each node shall consist off twenty-four (24) output channels and twenty-four (24) input channels. All inputs and outputs shall be configured into a scale-able electrical harness utilizing Deutsche connectors. The nodes must be waterproof and not require special mounting requirements.

The system is expandable and shall be capable of performing the following functions: load management sequencing, switch loads and receive digital and analog signals. The placement of nodes throughout the apparatus enables a reduction in wire harness bundles, elimination of redundant harnesses and separate circuit boards, relay and circuit breakers, electrical hardware, separate electrical or interlock subsystems and associated electronics for controlling various electrical loads and inputs.

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The complete multiplex system shall eliminate the need for the following separate components or devices: load manager, load sequencer, warning lamp flasher, headlamp flasher, door open notification system, interlock modules, separate voltmeter, ammeter, and temperature monitor.

In an application where the siren controller is unable to provide the necessary switching then Carling rocker type switches with function labels shall be provided if needed and installed on the center console.

ELECTRICAL SYSTEM - BASE:

All wiring and electrical equipment to be compliant with any applicable NFPA 1901 criteria for Special Service Fire Apparatus and SAE standards. All lighting and reflectors shall meet Federal Motor Vehicle Standards. A master warning device switch that energizes all optical warning devices shall be provided.

The warning system on the apparatus shall be capable of two separate signaling modes during emergency operations. One mode shall signal to drivers and pedestrians that the apparatus is responding to an emergency and is calling for the right of way. The other mode shall signal that the apparatus is stopped and is blocking the right of way.

Switching to sense the position of the park position of an automatic transmission. When the master warning system switch is closed, and the parking brake released or the automatic transmission is not in park, the warning devices signaling the call for right of way shall be energized. When the master optical warning system switch is closed, and the parking brake is on or the automatic transmission is in park, the warning devices signaling the blockage of right of way shall be energized. The system shall be permitted to have a method of modifying the two signaling modes.

The warning devices shall be constructed or arranged to avoid the projection of light either directly or through mirrors into any driving or crew compartment(s).

Electromagnetic interference suppression shall be in accordance with SAE J551, performance levels and methods of measurement of electromagnetic radiation from vehicles and devices (30- 1000 MHZ).

Wiring grommets shall be provided through all panels for automotive type wiring with coated automotive type loom. Insulation shall be in accordance with SAE J1128, low tension primary cable, type SXL or GXL, and wired to SAE J1292, Automobile, Truck, Truck-Tractor, Trailer and Motor Coach wiring for such loading at the potential employed. All wiring installed by the Apparatus Manufacturer shall be stranded copper alloy conductors of a gauge rated to carry 125 percent of the maximum current for which the circuit is protected.

Voltage drops in all wiring from the power source to the using device shall not exceed 10 percent. Wiring shall be color and function coded the entire length with insulated bolted-down type hold-down clamps and mechanically secured connections. Overall covering of conductors shall be 280 degrees F. Minimum flame retardant, moisture resistant loom.

Hydraulic lines, air system tubing, control cables, and electrical lines shall be clipped to the frame or body structure of the apparatus and shall be furnished with metal protective looms or grommets at each point where they pass through body panels or structural members. Where

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any through-the-frame connector is provided, any such connector and wiring shall also be protected from shear or tear.

Wiring shall be provided with properly rated low voltage over current automatic resetting protective devices. Such devices shall be readily accessible and protected against excessive heat, damage, and water spray. Switches, relays, terminals, and connectors shall have a direct current rating of 125 percent of maximum current for which the circuit is protected. All electrical components shall be protected against corrosion, heat, vibration, and moisture.

There shall be a minimum of two (2) spare wires installed in each loom running to the body of the vehicle.
12-VOLT POWER DISTRIBUTION PANEL:

The 12-volt power distribution panel shall contain all major body/chassis electrical components, including but not limited to fuses, circuit breakers, relays, solenoids, power supplies, multiplex nodes, etc.

The power distribution panel shall be located in the left side forward most body compartment away from water and moisture in the lower portion of the compartment on the forward wall.

This distribution panel shall have a removable door with the same finish as the body compartment walls.

BATTERY CONTROL SYSTEM:

Battery control shall be through chassis ignition wiring.

PRE-WIRED ANTENNA CABLES:

There shall be three (3) RG58U coax cables pre-wired by the body builder from the module roof to behind the driver's seat. Body builder shall install customer supplied one (1) GPS cable. "DOOR OPEN" WARNING LIGHT:

A red warning light shall be installed on the cab console and shall flash when any compartment door or entry door is open.

COMTRONIX BKRA-1 RADIO INTERFACE:

One (1) Comtronix model BKRA-1 radio interface shall be installed. The system shall provide intercom for all the seated positions. Additionally, radio interface & P-T-T shall be provided for both seated positions in the cab and one (1) in the rear crew area.

The system will provide the means to monitor both integrated radios and shall P-T-T capability for the radio selected on the master control. The intercom feature shall operate hands free only transmit over the assigned radio if the push-to-talk button is pressed.

Note: Customer to supply radio model.

SIGTRONICS HEADSET SE-8RVC
There shall be four (4) SIGTRONICS, model SE-8RVC, helmet style headsets provided to be utilized with the Comtronix BKRA-1 Emergency apparatus intercom & radio interface.

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COMPARTMENT STRIP LIGHTING:

On-Scene Access LED strip lighting elements shall be installed in all compartments to provide even, full height lighting for the compartment without interference from shelves or equipment.

There shall be a protected strip installed on both sides of the opening and shall run the full height of the compartment. Lights shall be activated by opening the compartment door.

Note: The L1/R1 compartments shall also have a light on the rearward side of the compartment and a light on the top of the door opening.

ELECTRONIC SIREN:

One (1) Federal Signal, model PF200R siren/light controller with 100/200 watts output.

Selectable siren tones with P/A and noise-canceling microphone. Integration capability with Rumbler®.

SPEAKER SYSTEM:

There shall be one (1) Federal model ES100 speaker(s) installed and wired to the electronic siren. Speaker to be mounted behind front grille in an area that provides maximum exposure of speaker.

RUMBLER WARNING SYSTEM:

One (1) Federal Signal RUMBLER-3 system shall be provided. This warning system shall be activated through a TAP feature in the steering wheel horn button. This system shall have a timed activation to limit the systems output to a maximum of 15 seconds. The Rumbler unit will be routed through the EQ2B siren speaker. The Rumbler unit shall be located within the front bumper area. The exact location shall be determined at the pre-construction meeting.

FRONT LIGHT BAR:

One (1) Federal Signal Navigator Model #NVG53-RCFD1 with internal Opticom (#795H-EXT-D) light bar shall be provided and installed on the vehicle. The light bar shall be 53" long.

The Opticom shall be located in the middle of the lightbar and there shall be (1) forward facing red light on the officer side of the lightbar that shall be steady burn.

Note: One (1) forward facing red light on the officer’s side of the light bar that shall be steady burn.

FRONT LOWER WARNING LIGHTS:

There shall be two (2) red Federal MicroPulse Wide MPSW9-R LED lights with chrome bezels installed in the front grille of the cab.

SIDE UPPER WARNING LIGHTS:

There shall be four (4) red Federal MicroPulse Wide LED, model MPSW9-R, upper warning lights with chrome bezels installed.

Two (2) warning lights shall be mounted on the left upper body panel.

Two (2) warning lights shall be mounted on the right upper body panel.

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SIDE LOWER WARNING LIGHTS:

There shall be four (4) red Federal MicroPulse Wide MPSW9-R LED lower warning lights with chrome bezels installed on the vehicle.

Two (2) lights installed, one (1) on each front fender of the chassis.

Two (2) lights installed, one (1) on each side of the rear bumper cap/step.

There shall also be (2) Federal Signal Q-Flare QL64SFC-RW Red/White warning lights with chrome bezels installed on the vehicle.

Two (2) lights installed, one (1) above each rear wheel well.

ADDITIONAL SIDE LOWER WARNING LIGHTS:

There shall be two (2) Federal MicroPulse Ultra, model # MPS600 U-RW, installed one (1) on each side rear view mirror mounting arm. Lights shall have black bezels and shall include mounting kit model #MPSM6-SB.

REAR UPPER WARNING LIGHTS:

There shall be two (2) red Federal QuadraFlare LED, model QL97XF, rear upper warning lights with chrome bezels installed on the vehicle.

Two (2) lights shall be mounted, one (1) in each upper rear corner.

QL97XF-R installed on the right side upper and QL97XF-A installed on the left side SIDE BODY PERIMETER LIGHTS:

There shall be Federal Signal MicroPulse wide angle 9-LED perimeter lights installed.

Model MPSW9-W white with chrome bezels.

Two (2) lights shall be mounted on both upper sides of the body, adjacent to the side body warning lights. The scene lights shall be controlled in pairs at the cab console.

REAR BODY SCENE LIGHTS:

There shall be two (2) Federal Commander LED, model COM-15K-260, clear scene lights installed.

Two (2) lights shall be mounted with chrome bezels on the rear upper body.

The scene lights shall be controlled as a pair at the cab console.

The rear scene lights shall activate with transmission in reverse.

TRAFFIC ADVISOR LIGHT BAR:

A Federal Signal, Signal Master, model 320810-FDNY-42 shall be installed on the rear of the unit. This is a low profile, 8 lamp LED traffic director which is 42" long. The advisor shall be surface mounted the rear of the body above the RR1 compartment.

The Signal Master shall have a guard installed to prevent accidental damage to the lights.

TRAFFIC DIRECTING LIGHT BAR CONTROL:

A Federal Signal Controller Model 330104-SB for use with Federal Signal Siren PF200 to control six (6) or eight (8) lamp traffic director light bars.

Page 43 of 181 ends

Page 13 of 16 ends

ROOF MOUNTED SPOTLIGHT, JOYSTICK CONTROL:

One (1) roof mounted Go-Light, model 30264, CR5 Pentabeam spotlight shall be mounted behind the light bar. The light shall be mounted on a pedestal to allow the light to rotate 360º without interference. Light to provide 320,000 Candela peak beam intensity with a maximum beam distance of 3,711 ft. The light control to be hard mounted joystick on the cab console.

Note: Go-Light to have chrome housing, mounted on a “body color matched” pedestal sufficient in height to clear lightbar.

REAR TURN SIGNAL, BACK-UP AND BRAKE LIGHTS:

The rear turn signal, backup and stop/taillights shall be a Federal Signal QL64Z4V-LED four (4) light cluster.
.

The top brake light shall be a Federal Signal QL64Z-BTT LED red combination stop/taillight.

The rear turn signal shall be a Federal Signal QL64Z-TURN LED amber turn signal.

The backup light shall be a Federal Signal QL64X-BACKUP LED white back-up light.

The bottom light shall be a QL64XF-R LED red flasher.

One (1) 4-light cluster shall be mounted on each rear corner of body.

BACK-UP ALARM:

There shall be an electronic back-up alarm with momentary cut off switch installed and shall be activated when the chassis is shifted into reverse.

BACK-UP CAMERA:

One (1) Nagy 7" color back up camera system, 8212-IR Camera Kit, shall be installed on the apparatus. The camera shall display the real time view of the area directly behind the apparatus.

Monitor shall attach to the windshield in replacement of the chassis rear view mirror.

CLEARANCE LIGHTS:

Nine (9) clearance lights, seven (7) red and two (2) amber, shall be installed to meet ICC, FMVSS and other applicable regulations.

Four (4) reflectors shall be installed, one (1) pair each side of the vehicle.

LED UNDERBODY LIGHTS:

There shall be eight (8) TecNiq Series E10-WS00-1 LED underbody lights installed under the cab doors and on the center and rear of the body. Lights shall be activated by a switch on the cab console.

The lights shall also be activated with transmission in park and there shall be a ground light switch on the smart siren.

LICENSE PLATE BRACKET:

A Cast Products aluminum rear license plate holder will be provided with the rescue vehicle.

Holder will have two (2) top lights for illumination. The lights will automatically activate when the head light switch is energized. The holder shall be mounted on the rear of the body on the street side beneath the light cluster.

STREAMLIGHT RECHARABLE FLASHLIGHTS:

Two (2) Streamlight DS LED HL rechargeable flashlights shall be provided. Mounting location to be on the backside of the map storage compartment of the Troy center console that was added by MCB.

Page 44 of 181 ends

Page 14 of 16 ends

STREAMLIGHT FIRE VULCANS:

Two (2) orange Streamlight Fire Vulcan LED vehicle mount systems, part number 44451, shall be provided and installed. Each lantern shall include a quick release buckle strap and 12-volt vehicle-mount direct wire charging rack. The hand lights shall feature C4 LED technology with two (2) ultra bright blue LED's.

The lights shall be installed in the L1 and R1 compartment in the lower portion of the compartment, on the compartment wall towards the rear of the vehicle.

Note: Mounting location per previous build.

TELESCOPING SCENE LIGHT:

Two (2) Federal Signal Commander LED Scene Light Model # COM15K-530SW side mount Push-up telescopic light shall be installed. The light pole shall be anodized aluminum and have a knurled twist lock mechanism to secure the extension pole in position. The extension poles shall rotate 360-degrees. The outer pole shall be a grooved aluminum extrusion and qualify as an NFPA compliant handrail. The pole mounting brackets shall have a 2 3/4" offset. The wiring shall extend from the pole bottom with a 4' retractile cord.

The lamp head shall have sixty (60) ultra-bright LEDs, 48 for flood lighting and 12 to provide a spotlight beam pattern. It shall operate at 12/24 volts DC, draw 13/6.5 amps, and generate 15,000 lumens of light. The lamp head shall have a unique lens that directs flood lighting onto the work area and focuses the spotlight beam into the distance. The lamp head angle of elevation shall be adjustable at a pivot in the mounting arm and the position locked with a round knurled locking knob. The lamp head shall be no more than 5 3/8" high by 14" wide by a 3 3/4" deep and have a heat resistant handle. The lamp head and mounting arm shall be powder coated. The LED scene light shall be for fire service use.

The lights shall be installed on the front of the apparatus body, one (1) on each side.

Note: The lights shall be individually controlled via switches at the control panel.

UNDERCOATING:

The underside of the vehicle including all under-structure metal work shall be sprayed with black automotive undercoating.

This undercoating shall aid in preventing corrosion and will provide sound and vapor barriers to the aluminum body structure work.

Note: Undercoating to not be applied within 12" of any part of the exhaust system.

CORROSION PROTECTION:

Electrolysis Corrosion Kontrol (ECK) shall be used to prevent dissimilar metal corrosion. ECK shall be used for door latches, door hinges, trim plates, fenderettes, etc. ECK shall be applied to every external fastener hole prior to component mounting.

Page 45 of 181 ends

Page 15 of 16 ends

APPARATUS BODY PAINT FINISH:

Entire paint process including initial surface preparation through final paint and clear-coat application to be conducted according to PPG certified paint process. The final finish of the apparatus shall conform to fire apparatus standards, exhibiting excellent gloss and color retention properties.

Preparation: Removal of all contaminates and oxidation is essential to the final effect of a finish system, the apparatus shall be pre-cleaned with wax and grease remover and dried to evaporation. A PPG 10-step standard body preparation shall be completed. When the substrate is prepared, the entire body shall be cleaned by washing again with wax and grease remover and dried.

Pre-treat ANF Primers: The pre-treat and primer applications shall be made in two (2) independent steps. An application of a combined pre-treat/primer product shall not be allowed as a substrate. The prepared substrate shall be pre-treated with Acid Curing 2 component primer to provide corrosion protection and create an adhesive bond between the substrate and the surface applications. To enhance adhesion and topcoat gloss, a two-component urethane primer shall be applied. All the primed surfaces shall be sanded smooth, thus removing all texture and surface imperfections, and creating a finish base that will meet the rigid requirements of the fire and emergency services.

Top Coats: Paint shall be PPG FBCH. Two (2) coats urethane base coat shall be applied according to paint manufacturer specifications. After the base coats have cured properly, two (2) coats of a high solids urethane clear shall be applied. All surface imperfections shall be removed by buffing and polishing. Body paint matched to Ford chassis PQ_01 Race Red.

TOUCH-UP PAINT:

One (1) pint of touch-up paint for each color utilized shall be provided with the completed apparatus.

LETTERING:

There shall be sixty (60) three-inch (3") gold leaf letters applied to the vehicle as directed.

The letters shall have black shading.

Note: Customer to supply city seal decals, to be installed by Manufacturer as directed. 4" SCOTCHLITE STRIPE:

A four-inch (4") high white "Scotchlite" stripe will be provided.

Note: Stripe layout to match previous build.

CHEVRON STRIPING:

NFPA compliant Chevron style reflective stripes shall be provided and applied to the rear of the apparatus.

Note: Customer requests Red & Yellow Oralite material
WHEEL CHOCS/HOLDERS:

Two (2) wheel chocs shall be provided and installed. Each choc shall include a hand grip and a double row of rugged teeth to grip almost any surface. Two (2) horizontal holders shall be provided to store each choc under the rub rail of the body.

Note: Mounting location to match previous build.

Page 46 of 181 ends

Page 16 of 16 ends

EXTINGUISHER:

There shall be one (1) 10 lb. dry chemical portable fire extinguisher with an approved BC rating and a mounting bracket provided and installed.

EMERGENCY KIT:

One (1) emergency kit shall be provided and shipped loose with the completed apparatus. Kit shall include one (1) 5lb. BC extinguisher and three (3) triangle reflectors. 6 FOOT FIBERGLASS PIKE POLE:

One (1) 6-foot Nupla fiberglass pike pole with "D" handle shall be provided. Model #YPDH-6 FIRE HOOKS UNLIMITED:

There shall be:
(1) Fire Hooks Unlimited 4' NY roof hook
(1) Fire Hooks Unlimited 6' NY roof hook
(2) Nupla 6' LA Rubbish tool Model RH-6DA
(1) Fire Hooks Unlimited 4' Universal Hook (plaster/drywall hook) WATER COOLER:

There shall be (1) 54 Qt Coleman Stainless steel water cooler supplied.

FUEL:

The completed vehicle's fuel tank shall be filled prior to leaving the manufacturing facility, and shall be re-filled prior to final delivery.

WEIGHT ANALYSIS:

Prior to leaving the manufacturing facility, the completed vehicle shall be weighed and the weight results shall be forwarded to the purchaser for their records.

Page 47 of 181 ends

SHOP PRINT SHOP ORDER RIVERSIDE COUNTY

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Prepared for: , Ward Apparatus
1250 Schweizer Rd
Horseheads, NY 14845
2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY
Client Proposal
Prepared by:

Donald Ferrario
Office: 607-734-1681
Quote ID: RIVERSIDE2
Date: 03/04/2022
Ferrario Ford | 2472 Corning Road, Elmira, New York, 149031044 Office: 607-734-1681 | Fax: 607-737-5207
1

Page 58 of 181 ends

Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Pricing Summary - Single Vehicle
MSRP
Vehicle Pricing $65,525.00
Subtotal $65,525.00
Pre-Tax Adjustments
Code Description MSRP
GPC Ford Municipal QA855 18921N -$3,100.00
DLR Dealer Discount -$3,717.00
TXD Polished aluminum wheels 19.5 dually $1,706.00
Total $60,414.00
Customer Signature Acceptance Date
2

Page 59 of 181 ends

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 As Configured Vehicle
Code Description MSRP
W5H Base Vehicle Price (W5H) $50,805.00
660A Order Code 660A N/C
Includes:
- Transmission: TorqShift 10-Speed Automatic
10R140 with neutral idle and selectable drive modes: normal, tow/haul, eco, deep sand/snow and slippery.
- GVWR: 18,000 lbs Payload Package
- Tires: 225/70Rx19.5G BSW A/P
- Wheels: 19.5" x 6" Argent Painted Steel
Hub covers/center ornaments not included.
- HD Vinyl 40/20/40 Split Bench Seat
Includes center armrest, cupholder, storage and driver's side manual lumbar. - Radio: AM/FM Stereo w/MP3 Player
Includes 6 speakers.
- SYNC Communications & Entertainment System
Includes enhanced voice recognition, 911 Assist, 4.2" LCD center stack screen, AppLink, 1 smartcharging USB port and steering wheel audio controls. 99T Engine: 6.7L 4V OHV Power Stroke
V8 Turbo Diesel B20
$9,325.00
Includes Diesel Exhaust Fluid (DEF) tank, intelligent oil-life monitor and manual push-button engine-exhaust braking.

Includes:
- Dual 78-AH 750 CCA Batteries
- Transmission Power Take-Off Provision
Includes mobile and stationary PTO modes.
44G Transmission: TorqShift 10-Speed
Automatic
Included
10R140 with neutral idle and selectable drive modes: normal, tow/haul, eco, deep sand/snow and slippery.

X4N Limited Slip w/4.10 Axle Ratio $360.00
STDGV GVWR: 18,000 lbs Payload Package Included
TGJ Tires: 225/70Rx19.5G BSW A/P Included
64Z Wheels: 19.5" x 6" Argent Painted
Steel
Included
Hub covers/center ornaments not included.

A HD Vinyl 40/20/40 Split Bench Seat Included
Includes center armrest, cupholder, storage and driver's side manual lumbar.

PAINT Monotone Paint Application STD
3

Page 60 of 181 ends

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 As Configured Vehicle (cont'd)
Code Description MSRP
179WB 179" Wheelbase STD
STDRD Radio: AM/FM Stereo w/MP3 Player Included
Includes 6 speakers.

Includes:
- SYNC Communications & Entertainment System
Includes enhanced voice recognition, 911 Assist, 4.2" LCD center stack screen, AppLink, 1 smartcharging USB port and steering wheel audio controls. 90L Power Equipment Group $1,125.00
Deletes passenger side lock cylinder. Includes upgraded door-trim panel.

Includes:
- Accessory Delay
- Advanced Security Pack
Includes SecuriLock Passive Anti-Theft System (PATS) and inclination/intrusion sensors. - Folding Trailer Tow Mirrors w/Power Heated Glass
Includes manual telescoping, heated convex spotter mirror and integrated clearance lamps/turn signals.
- MyKey
Includes owner controls feature.
- Power Front & Rear Side Windows
Includes 1-touch up/down driver/passenger window.
- Power Locks
- Remote Keyless Entry
41H Engine Block Heater $100.00
62R Transmission Power Take-Off
Provision
Included
Includes mobile and stationary PTO modes.
98R Operator Commanded Regeneration Included
18A Upfitter Interface Module $295.00
67B 397 Amp Alternators Included
63A Utility Lighting System $160.00
Includes LED side-mirror spotlights.
47J Fire/Rescue Prep Pkg w/EPA Special
Emissions (LPO)
$1,205.00
Requires valid FIN code.
4

Page 61 of 181 ends

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 As Configured Vehicle (cont'd)
Code Description MSRP
Includes 7,000 lbs. max front springs/GAWR rating for configuration selected. Incomplete vehicle package - requires further manufacture and certification by a final stage manufacturer. Ford urges Fire/Rescue vehicle manufacturers to follow the recommendations of the Ford Incomplete Vehicle Manual and the Ford Truck Body Builders Layout Book (and pertinent supplements). NOTE 1:

Stationary Elevated Idle Control (SEIC) has been integrated into the engine control module. NOTE 2: Engine calibration significantly reduces the possibility of depower mode when in stationary PTO operation. NOTE 3: Operator commanded regen allowed down to 30% of DPF filter full, instead of 100%. NOTE 4: Must meet the definition of an emergency vehicle, an Ambulance or Fire Truck per 40 CFR 86.1803.01 in the federal register. NOTE 5: California Code of Regulations allows for the sale of federally certified emergency vehicles in California.

Includes:
- 397 Amp Alternators
- Operator Commanded Regeneration
525 Steering Wheel-Mounted Cruise
Control (LPO)
$235.00
Requires valid FIN code.
17F XL Decor Group (LPO) $220.00
Requires valid FIN code.

Includes:
- Chrome Front Bumper
425 50-State Emissions System STD
AS_01 Medium Earth Gray w/HD Vinyl
40/20/40 Split Bench Seat
N/C
PQ_01 Race Red N/C
SUBTOTAL $63,830.00
Destination Charge $1,695.00
TOTAL $65,525.00
5

Page 62 of 181 ends

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Powertrain
* Powerstroke 330hp 6.7L OHV 32 valve
intercooled turbo V-8 engine with diesel direct
injection
* Recommended fuel : diesel
• federal • TorqShift 10 speed automatic transmission with overdrive
• Part-time * Limited slip differential
• Fuel Economy Cty: N/A • Fuel Economy Highway: N/A
* Transmission PTO provision
Suspension/Handling
• Front Mono-beam non-independent suspension with
anti-roll bar, HD shocks
• Rear DANA M300 rigid axle leaf spring suspension
with anti-roll bar, HD shocks
• Firm ride Suspension • Hydraulic power-assist re-circulating ball Steering • Front and rear 19.5 x 6 argent steel wheels • LT225/70SR19.5 GBSW AS front and rear tires • Dual rear wheels
Body Exterior
• 4 doors • Conventional left rear passenger
• Conventional right rear passenger * Driver and passenger power remote heated, manual folding door mirrors with turn signal
indicator
* Turn signal indicator in mirrors • Black door mirrors * Chrome bumpers • Trailer harness
6

Page 63 of 181 ends

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Selected Equip & Specs (cont'd)
• Clearcoat paint • Front and rear 19.5 x 6 wheels
• 2 front tow hook(s)
Convenience
• Manual air conditioning with air filter * Cruise control with steering wheel controls * Power windows * Driver and passenger 1-touch up
* Driver and passenger 1-touch down * Remote power door locks with 2 stage unlock and illuminated entry
• Manual tilt steering wheel • Manual telescopic steering wheel • Day-night rearview mirror • FordPass Connect 4G internet access • 911 Assist emergency SOS • Wireless phone connectivity • AppLink smart device integration • 2 1st row LCD monitors • Front and rear cupholders • Passenger visor mirror
• Full overhead console *
Driver and passenger door bins
* Rear door bins • Upfitter switches
Seats and Trim
• Seating capacity of 6 • Front 40-20-40 split-bench seat • 4-way driver seat adjustment • Manual driver lumbar support • 4-way passenger seat adjustment • Centre front armrest with storage • 60-40 folding rear split-bench seat
Entertainment Features
• AM/FM stereo radio • SYNC external memory control
• Steering wheel mounted radio controls • 4 speakers
• Streaming audio • Fixed antenna
Lighting, Visibility and Instrumentation
• Halogen aero-composite headlights • Delay-off headlights • Auto on/off headlights • Variable intermittent front windshield wipers • Light tinted windows • Front and rear reading lights
• Tachometer • Compass
• Outside temperature display • Trip computer
• Trip odometer
Safety and Security
• 4-wheel ABS brakes • Brake assist
• 4-wheel disc brakes • Driveline traction control
7

Page 64 of 181 ends

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Front Weights
* Front GAWR 7,000 lbs. * Front curb weight 4,893 lbs.

Front axle capacity 7,000 lbs. * Front spring rating 7,000 lbs.

Front tire/wheel capacity 7,500 lbs.

Rear Weights
Rear GAWR 13,660 lbs. * Rear curb weight 3,333 lbs.

Rear axle capacity 13,660 lbs. Rear spring rating 13,660 lbs.

Rear tire/wheel capacity 15,000 lbs.

Trailering Type
Harness Yes Trailer sway control Yes
General Trailering
*5th-wheel towing capacity 23400 lbs. * Gooseneck towing capacity 23400 lbs.

Towing capacity 18500 lbs. * GCWR 32500 lbs.

Fuel Tank type
Capacity 40 gal.

Off Road
Min ground clearance 8 "
Interior cargo
Cargo volume 52.1 cu.ft. Maximum cargo volume 52.1 cu.ft. 8

Page 65 of 181 ends

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Page 66 of 181 ends

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Selected Equip & Specs (cont'd)
5th 1.519 6th 1.277
7th 1 8th 0.851
9th 0.687 10th 0.632
Reverse Gear ratios 4.695
Transmission Torque Converter
Stall ratio 1.97
Transmission Extras
Driver selectable mode Yes Sequential shift control SelectShift Oil cooler Regular duty * PTO provision Yes
Drive Type
4wd type Part-time Type Four-wheel
Drive Feature
* Limited slip differential Mechanical Traction control Driveline * Power take-off provision Yes Locking hub control Auto Transfer case shift Electronic
Drive Axle
* Ratio 4.1
Exhaust
Material Stainless steel System type Single
Emissions
CARB Federal
fuel Economy
* Fuel type Diesel
Engine Retarder
* Type Yes
Driveability
Brakes
ABS 4-wheel ABS channels 4
Type 4-wheel disc Vented discs Front and rear
Brake Assistance
Brake assist Yes
10 Page 67 of 181
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Frame yield strength (psi) 50000.0 Frame rail width 34.2" Front bumper to Front axle 38.3" Cab to end of frame 107.2" Front bumper to back of cab 158.1"
Safety
Airbags
Driver front-impact Yes Driver side-impact Seat mounted Overhead Safety Canopy System curtain 1st
and 2nd row
Passenger front-impact Yes
Passenger side-impact Seat mounted
Seatbelt
Height adjustable Front
Security
12 Page 69 of 181
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Selected Equip & Specs (cont'd)
*
Immobilizer SecuriLock * Panic alarm Yes
* Restricted driving mode MyKey
Seating
Passenger Capacity
Capacity 6
Front Seats
Split 40-20-40 Type Split-bench
Driver Seat
Fore/aft Manual Reclining Manual
Way direction control 4 Lumbar support Manual
Passenger seat
Fore/aft Manual Reclining Manual
Way direction control 4
Front Head Restraint
Control Manual Type Adjustable
Front Armrest
Centre Yes Storage Yes
Rear Seats
Descriptor Split-bench Facing Front
Folding 60-40 Folding position Fold-up cushion
Type Fixed
Rear Head Restraints
Control Manual Type Adjustable
Number 3
Front Seat Trim
Material Vinyl Back material Vinyl
Rear Seat Trim Group
Material Vinyl Back material Carpet
Convenience
AC And Heat Type
Air conditioning Manual Air filter Yes
13 Page 70 of 181
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Selected Equip & Specs (cont'd)
Underseat ducts Yes
Audio System
Radio AM/FM stereo Radio grade Regular
Seek-scan Yes External memory control SYNC
Audio Speakers
Speaker type Regular Speakers 4
Audio Controls
Steering wheel controls Yes Voice activation Yes
Streaming audio Bluetooth yes
Audio Antenna
Type Fixed
LCD Monitors
1st row 2 Primary monitor size (inches) 4.2
Cruise Control
* Cruise control With steering wheel controls
Convenience Features
* Retained accessory power Yes 12V DC power outlet 3
Emergency SOS 911 Assist Wireless phone connectivity Bluetooth Smart device integration App link Upfitter switches Yes Door Lock Activation
* Type Power with 2 stage unlock * Remote Keyfob (all doors) *
Integrated key/remote Yes
Door Locks Extra FOB Controls
Remote engine start Smart device only
Instrumentation Type
Appearance Analog
Instrumentation Gauges
Tachometer Yes Engine temperature Yes
* Turbo/supercharger boost Yes Transmission fluid temp Yes Engine hour meter Yes
Instrumentation Warnings
14 Page 71 of 181
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Selected Equip & Specs (cont'd)
Oil pressure Yes Engine temperature Yes
Battery Yes Lights on Yes
Key Yes Low fuel Yes
Door ajar Yes Service interval Yes
Brake fluid Yes
Instrumentation Displays
Clock In-radio display Compass Yes
Exterior temp Yes Systems monitor Yes
Instrumentation Feature
Trip computer Yes Trip odometer Yes
Steering Wheel Type
Material Urethane Tilting Manual
Telescoping Manual
Front Side Windows
* Window 1st row activation Power
Windows Rear Side
*2nd row activation Power
Window Features
*1-touch down Driver and passenger *1-touch up Driver and passenger Tinted Light
Front Windshield
Wiper Variable intermittent
Rear Windshield
Window Fixed
Interior
Passenger Visor
Mirror Yes
Rear View Mirror
Day-night Yes
Headliner
Coverage Full Material Cloth
15 Page 72 of 181
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Vehicle Dimension and Performance Summary
Performance predictions in this report represent an estimate of vehicle performance based on standard operating conditions. Variations in customer equipment, load configuration, ambient conditions, and/or operator driving techniques can cause significant variations in vehicle performance. These values are not representative of results that may be shown in actual dynamometer tests. This report should therefore be used as a guide for comparative vehicle performance.

Dimensions
A Front of Bumper to Front Axle 38.30 in.

B Front Bumper to Back of Cab (BBC) 158.10 in.

C Wheelbase (WB) 179.00 in.

D Overall Length (OAL) 265.20 in.

E Back of Cab to Rear Axle (CA) 60.00 in.

F Back of Cab to End of Frame 107.20 in.

G Rear Axle to End of Frame (AF) 47.20 in.

H Frame Section Height N/A
I Rear Frame Height Unloaded 34.30 in.

I Rear Frame Height Loaded 28.60 in.

J Cab Height 81.80 in.

K Body Width 80.00 in.

L Maximum Ground Clearance N/A
L Minimum Ground Clearance 8.20 in.

M Front Tread 74.80 in.

M Rear Tread 74.00 in.
17 Page 74 of 181
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Vehicle Dimension and Performance Summary (cont'd)
Weight
GVW Front Axle Rear Axle Totals
Chassis 4,893 lbs 3,333 lbs 8,226 lbs
Body 0 lbs 0 lbs 0 lbs
Occupants Weight 600 lbs 300 lbs 900 lbs
1 Max Payload - (Max Payload) 1,507 lbs 7,367 lbs 8,874 lbs TOTAL 7,000 lbs 11,000 lbs 18,000 lbs
Ratings Front Axle Rear Axle GVWR
GAWR 7,000 lbs 13,660 lbs 18,000 lbs
Wheels/Tires 7,500 lbs 15,000 lbs
Suspension 7,000 lbs 13,660 lbs
Axle 7,000 lbs 13,660 lbs
Legal Axle Limit 0 lbs 0 lbs
18 Page 75 of 181
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Vehicle Dimension and Performance Summary (cont'd)
Start, Grade and Speed
Start Ratio Desired Calculated
Start grade capability in 1st gear 4.62 15.00 % 51.59 % Start grade capability in reverse 4.70 15.00 % 52.48 %
Grade Ratio Desired Calculated
Maximum grade in 8th gear 0.85 3.00 % 9.67 %
Maximum grade in 9th gear 0.69 3.00 % 7.81 %
Maximum grade in 10th gear 0.63 3.00 % 7.18 %
Speed Desired Calculated
Top Speed (level grade)
To meet your requirement you need a maximum axle ratio of 6.10 75 mph 112 mph
Top Speed on 3.0% grade
To meet your requirement you need a maximum of 115 hp
55 mph
Cruise Speed 60 mph 82 mph
Engine RPM at desired cruise speed 1,677 rpm
Variables in Use
Rear axle ratio: 4.10/4.10
Tire size: 225/70R19.5 (647
rev/mile)
Gross Vehicle Weight (GVW): 18,000 lbs
Clutch engagement torque: 412 ft.lbs.

Torque conversion ratio: 1.97
Peak engine torque: 825 ft.lbs.

Engine Power: 330 hp @ 2,600 rpm
Governed RPM: 3,120 rpm
Frontal Area: 40.44 Sq.Ft.

Cruising RPM 2,300 rpm
Worst road surface Typical Highway
Final Drive Ratio: 0.63
Drag Coefficient 0.80
19 Page 76 of 181
Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information.

Note: Prices and content availability as shown are subject to change and availability.

Ferrario Ford will not be responsible for changes to price, incentive, or specification by the manufacturer. If a change is not acceptable to you, our liability is lim
Prepared for:

Ward Apparatus
Prepared by: Donald Ferrario
03/04/2022 Ferrario Ford | 2472 Corning Road Elmira New York | 149031044 2022 F-550 Chassis 4x4 SD Crew Cab 179" WB DRW XL (W5H) Price Level: 250 | Stock No: RIVERSIDE COUNTY | Quote ID: RIVERSIDE2 Vehicle Dimension and Performance Summary (cont'd)
Shift Chart
Shift Chart displays mathematical geared speed.

Diesel engines use Governed RPM for shift points.

Gas engines use Peak Torque RPM for shift points.

Turning Radius
Turning Radius 25.55 ft
20 Page 77 of 181

Page 78 of 181 ends

SR-22-092
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 19, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Resolution Setting the Date and Place for a Public Hearing on the Solid Waste Fee Increase in Accordance With Proposition 218
RECOMMENDATION:

BACKGROUND:

The attached Resolution sets a hearing date for a hearing in compliance with Proposition 218 to consider solid waste fee increases. The proposed fee increases to the solid waste fees are as follows:
1) New fee increases to comply with State-mandated organic waste collection services pursuant to regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016); 2) New bulky item fees;
3) Increase in fees adjusted by the percentage change in the Consumer Price Index for All Urban Consumers for Riverside-San Bernardino-Ontario Area (CPI-U), January to January (collectively “Proposed Fee Increase”).

In accordance with Proposition 218, the City must follow procedures to increase solid waste fees. The Proposed Fee Increase is to recover costs.

DISCUSSION:

FEES RELATED TO SENATE BILL 1383
In September 2016, the State Legislature set Short-lived Climate Pollutants reduction targets for California in Senate Bill 1383 (SB 1383), as a statewide effort to reduce emissions of greenhouse gasses (such as methane, a byproduct of organic waste) in an effort to combat climate change.

SB 1383 established statewide targets to reduce organic waste disposal to 50% by 2020 and to 75% by 2025. It also set a target to increase edible food recovery to 20% by 2025.

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SR-22-092
As a result of SB 1383, the California Department of Resources Recycling and Recovery (CalRecycle), developed regulations to achieve the State's organic waste diversion goals by 2025. In November 2020, CalRecycle released the final regulations for SB 1383. SB 1383 requires all businesses, residents, and multi-family apartments to have access to recycling programs that capture food scraps, landscaping waste, and other organic waste materials.

The SB 1383 Regulations require the following:
1) Residential - All residents are required to receive organic waste collection services. 2) Multifamily with five or more units – All are required to recycle their organic waste (under AB 1826, multi-family properties of five or more units were only required to recycle landscape debris). 3) Commercial - All commercial businesses generating two (2) or more cubic yards of solid organic waste per week, are required to recycle their organic waste 4) Every jurisdiction must provide the following
a. Organic waste collection services to all residents and businesses b. Edible food recovery
c. Organics procurement
d. Contamination monitoring
e. Education and Outreach
f. Capacity Planning
g. Recordkeeping
h. Enforcement
i. Reporting
SB 1383 has been the most significant waste reduction mandate to be adopted in the State of California in the last 30 years. In an effort to achieve the State requirements of SB 1383 the City has been diligently working with CalRecycle and Desert Valley Disposal (“DVD”) in developing an SB 1383 implementation plan and moving forward with completing the various required tasks within the required deadlines.

The City is working on an Ordinance implementing SB 1383. In addition, the City is working with DVD to finalize the Amendment to the current Franchise Agreement to reflect all of the new SB 1383 requirements and regulations, which is anticipated to come to City Council for approval/adoption prior to June 30th, 2022.

DVD has already placed an order for new organic waste carts and bins for residents and businesses, and another order for additional waste collection trucks, and is planning on increasing staff levels to be able to provide the new required organic waste collection services. The organic waste carts and bins are scheduled to be delivered in September 2022, and new organic waste services to begin in October 2022.

In order to meet all of the SB 1383 State requirements and deadlines, new services and new fees will need to be established and implemented.

Page 80 of 181 ends

SR-22-092
The following is a summary of the new SB 1383 service fees. 1) Residential Services: SB 1383 services add $8.60 per dwelling. 2) Commercial Services: SB 1383 services add 6.09% to the total fee. 3) Roll-Off Services: SB 1383 services add 1.89% to the total fee.

FEES RELATED TO WEEKLY BULKY WASTE COLLECTION PROGRAM
In recent years, the City has experienced an increase in illegal dumping throughout the City. Illegal dumping occurs in vacant properties, on road shoulders, and within residential communities. The majority of illegal dumping is a result of unwanted bulky items that are not properly disposed of or not called in for proper bulky item pick-up. In an effort to address the need for bulky item waste collection to reduce illegal dumping throughout the City, a weekly bulky waste collection program was developed.

This program will offer weekly bulky item pick up to all residential dwelling including multi-family dwellings, and commercial establishments serviced by carts and bins. This program is a new program and in addition to the existing quarterly bulky item pick-up program and the vacant land illegal dumping program, which will also remain. This new program will be an additional service at an additional new cost and fee. The new fees are as follows:

The following is a summary of the new Weekly Bulky Waste Collection Program fees (per month).

1. Single Family Dwelling unit, $3.95.

2. Multi-Family Dwelling, cart service, $3.95.

3. Multi-Family Dwelling and Commercial Establishments serviced by Carts and Bin service per month fee (for each weekly service pick-up):
a. 2-cubic yard, $8.41.
b. 3-cubic yard, $12.61.
c. 4-cubic yard, $16.82.

FEES TO BE ADJUSTED FOR INFLATION
The Proposed Fee Increase also allows for solid waste fees to be adjusted for inflation pursuant to the Consumer Price Index for All Urban Consumers for Riverside-San Bernardino-Ontario Area (CPI-U), January to January.

The Proposed Fee Increase breaks down as follows, which is also included as Exhibit A to the Resolution attached.

Residential Services:
1) Annual CPI adjustment

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SR-22-092
a) The Hauler Service Fee rate component, City franchise fee and the City Diversion Fee are adjusted +7.06%.
2) Material Tip Fee Adjustment
a) The annual adjustment in Material Tip Fees has NOT been added. The formula changes in Material Tip Fees will be applied one year in arrears each July 1st beginning July 1, 2023 based on the actual change for the prior year to the previous year. 3) SB 1383 (for outreach, education, monitoring, reporting, container labeling, carts & weekly collection)
a) SB 1383 services add $8.60 per dwelling.
4) Weekly Bulky Waste Collection
a) A new weekly bulky waste collection service adds $3.95 per month. 5) Miscellaneous
a) Minor miscellaneous adjustments are made to some rates to account for variances.

Commercial Services:
1) Annual CPI adjustment
a) The Hauler Service Fee rate component, City franchise fee and the City Diversion Fee are adjusted +7.06%.
2) Material Tip Fee Adjustment
a) The annual adjustment in Material Tip Fees has NOT been added. The formula changes in Material Tip Fees will be applied one year in arrears each July 1st beginning July 1, 2023 based on the actual change for the prior year to the previous year. 3) SB 1383 (for outreach, education, monitoring, reporting & container labeling) a) SB 1383 services add 6.09% to the total rate.
4) Weekly Bulky Waste Collection Rate
a) A new weekly bulky waste collection service adds $8.41 (2-CY bin), $12.60 (3-CY bin), and $16.82 (4-CY bin) per month to the cost for weekly refuse bin pickups. 5) Miscellaneous

Page 82 of 181 ends

SR-22-092
a) Minor miscellaneous adjustments are made to some fees to account for variances. For example, most organic waste service fees have been reduced to reflect the anticipated opening of a new facility that is nearer to the city.

Roll-Off Services
1) Annual CPI adjustment
a) The Hauler Service Fee rate component, City franchise fee and the City Diversion Fee component are adjusted +7.06%.
2) Material Tip Fee Adjustment
a) Changes to material tip fees will occur based upon the tip fee charged at the facility at the time service is performed.

3. SB 1383 (for outreach, education, monitoring, reporting & container labeling) a) SB 1383 services add 1.89% to the total fee.

Other Services
1) Fees for other services that do not incur Material Tip Fees are adjusted for the change in CPI only.

PROPOSITION 218
Section 6 of the California Constitution, Article XIII(D) (Proposition 218) requires notification of the Proposed Fee Increase to be sent to the record owner and tenant of each identified parcel upon which any new or increased solid waste fees being proposed for adoption at least 45 days in advance of the Public Hearing. If the City Council adopts this Resolution, the notice would be mailed and distributed to the property owners of record and the tenants. Each property owner or tenant would have the right to submit a written or oral protest against the Proposed Fee Increase and may do so by mail or in person to the City Clerk no later than the conclusion of the Public Hearing on June 7, 2022. Note that oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. At the Public Hearing the City would consider all protests against the Proposed Fee Increase.

If written protests against the Proposed Fee Increase are presented by a majority of owners or tenants of the identified parcels, the City would not impose the fee. If there is no Majority Protest, the City Council would then consider a Resolution to adopt the Proposed Fee Increase. If adopted, the Proposed Fee Increase would become effective on the same date as the effective date of the Resolution increasing said fees.

Further, pursuant to proposition 218, the City Council makes all of the following findings:
a) The revenues derived from the Proposed Fee Increase shall not exceed the funds required to provide the property related services.
b) The revenues derived from the Proposed Fee Increase shall not be used for any purpose other than that for which the proposed fee is imposed.

Page 83 of 181 ends

SR-22-092
c) The amount of the Proposed Fee Increase per parcel shall not exceed the proportional cost of the service attributable to the parcel.
d) The Proposed Fee Increase will be actually used or it shall be immediately available for use. e) The Proposed Fee Increase will not be used for general governmental services, including police, fire, ambulance, or library services
FISCAL IMPACT:

An increase in user fees will result in an increase to the solid waste franchise fees to the City.

ATTACHMENTS:

Exhibit 1 - DRAFT Proposed Resolution of Intent to Set Rates for Solid Waste Fees Exhibit 1A - Schedule of Maximum Rates
Exhibit 1B - Rate Adjustment Methodology
Exhibit 1C - SB 1383 - Nexus Study
Exhibit 1C - Bulky Item - Nexus Study

Page 84 of 181 ends

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON

THE SOLID WASTE FEE INCREASE IN AMOUNTS AS PROVIDED IN EXHIBIT A, PURSUANT TO THE NEXUS STUDY IN EXHIBIT B; AND DIRECTING

STAFF TO PROCEED WITH IMPLEMENTATION IN ACCORDANCE WITH PROPOSITION 218
WHEREAS, the City of Desert Hot Springs (“City”) currently has an exclusive franchise with Desert Valley Disposal (“DVD”) for its solid waste services within the City; and
WHEREAS, single family residential accounts are billed on the County property tax bill while DVD bills other customers directly for the services; and WHEREAS, fees for solid waste services are evaluated periodically to maintain an adequate fee structure to fund the costs of providing solid waste services to residents and commercial businesses; and
WHEREAS, the fee structure for monthly solid waste services has three customer classes: (1) residential (2) commercial and (3) roll-off; and WHEREAS, the fees for solid waste services imposed on each customer class are determined on the basis of (1) the size of the cart (in gallons), or bin or box (in cubic yards) serving the property; (2) the type of container service (e.g., solid waste, recycling, or green/organic waste) serving the property; and (3) the frequency of pickups per week; and
WHEREAS, the fee structure is comprised of service fees and material tipping fees; and
WHEREAS, the proposed fee increases to the solid waste fees are as follows: 1) new fee increases to comply with State-mandated organic waste collection services pursuant to regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016); 2) new bulky item fees; and 3) increase in fees adjusted by the percentage change in the Consumer Price Index for All Urban Consumers for Riverside-San Bernardino-Ontario Area (CPI-U), January to January (collectively “Proposed Fee Increase”); and
WHEREAS, the Proposed Fee Increase related to SB 1383 which are state mandated, are calculated to recover the costs of providing new weekly organic waste collection services, outreach, education, monitoring, reporting, and container labeling to comply with the SB 1383 regulations, and to further recover the costs of and to proportionately allocate those costs on a parcel basis among various customer classes; and

Page 85 of 181 ends

WHEREAS, the Proposed Fee Increase, collectively, are all calculated to recover costs; and
WHEREAS, the Proposed Fee Increase to be imposed are set forth in Exhibit “A” of this Resolution, which Exhibit A has both the current fees and the Proposed Fee Increase for the solid waste fees; and
WHEREAS, the Proposed Fee Increase for solid waste services would allow the fees to be adjusted annually to account for inflation and increases in material tip fees; and
WHEREAS, beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2026, the material tip fee component and the service component may be adjusted based on inflationary/fee changes multiplied by the component’s assigned percentage weighting as specified in the franchise agreement, to calculate the fee change; and
WHEREAS, the change to material tip fee component will be adjusted for the percentage change in tip fees charged by the solid waste facilities that receive, and process waste generated in Desert Hot Springs (“Tipping Fees”); and
WHEREAS, the assigned material tip fees will be proportionate to total revenue at that time (currently 25.9% of the total fee for residential services and

13.0% of the total fee for commercial services); and
WHEREAS, roll-off services are billed at the actual tip fee for the tonnage collected; and
WHEREAS, the charge to the Service Component will be adjusted by the percentage change in the Consumer Price Index for All Urban Consumers for Riverside-San Bernardino-Ontario Area (CPI-U), January to January; and WHEREAS, the assigned service fees will be proportionate to total revenue at that time (currently 74.1% of the total fee for residential services and

87.0% of the total fee for commercial services); and
WHEREAS, roll-off service pull charges will be increased by the full amount of the change in the CPI-U and
WHEREAS, the DVD prepared the “User Charge Study,” which is attached hereto as Exhibit “B” and incorporated herein by this reference; and WHEREAS, pursuant to proposition 218, the City Council makes all of the following findings:

Page 86 of 181 ends

a. The revenues derived from the Proposed Fee Increase shall not exceed the funds required to provide the property related services. b. The revenues derived from the Proposed Fee Increase shall not be used for any purpose other than that for which the proposed fee is imposed.
c. The amount of the Proposed Fee Increase per parcel shall not exceed the proportional cost of the service attributable to the parcel.
d. The Proposed Fee Increase will be actually used or it shall be immediately available for use.
e. The Proposed Fee Increase will not be used for general governmental services, including police, fire, ambulance, or library services; and
WHEREAS, having a resolution establishing the public hearing is in the best interest of the public health, safety, and welfare.

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

Section 1. RECITALS
The recitals are incorporated.

Section 2. SETTING OF HEARING
The hearing on the Proposed Fee Increase shall be:

Location: In person at 11999 Palm Drive, Desert Hot Springs, CA 92240
Date: Tuesday, June 7, 2022
Time: 6:00 P.M. (or as soon thereafter as the matter may be heard)
Section 3. PROPOSITION 218 COMPLIANCE
The City Manager, or his designee, shall cause proper compliance with Section 6 of the California Constitution, Article XIII(D) (“Proposition 218”) including, but not limited to notification to be sent to the record owner and/or tenant of each identified parcel upon which any new or increased Solid Waste fees or charges being proposed for adoption at least 45 days in advance of the Public Hearing. If the City Council adopts this Resolution, the notice would be mailed and distributed accordingly. Each property owner and/or tenant would have the right to submit a written or oral protest against the Proposed Fee Increase and may do so by mail or in person to the City Clerk no later than the

Page 87 of 181 ends

conclusion of the Public Hearing on June 7, 2022. Note that oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. At the Public Hearing the City would consider all protests against the Proposed Fee Increase. If written protests against the Proposed Fee Increase are presented by a majority of owners of the identified parcels, the City would not impose the fee. If there is no Majority Protest, the City Council would then consider a Resolution to adopt the Proposed Fee Increase. If adopted, the Proposed Fee Increase would become effective on July 1, 2022.

The notice must be in writing and state all of the following:
a. the amount of the Proposed Fee Increase proposed to be imposed upon each parcel; and
b. the basis upon which the amount of the Proposed Fee Increase was calculated; and
c. the reason for the Proposed Fee Increase; and
d. the date, time, and location of a public hearing on the Proposed Fee Increase; and that
e. each property owner has the right to submit a protest against the Proposed Fee Increase, either in writing or orally, to the City Clerk no later than the conclusion of the Public Hearing on June 7, 2022; and
Section 4. SEVERABILITY
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 this Resolution as hereby adopted shall remain in full force and effect.

Section 5. 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 Resolution are hereby repealed.

Section 6. EFFECTIVE DATE
That this Resolution shall be effective immediately.

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

Page 88 of 181 ends

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

Page 89 of 181 ends

EXHIBIT A

PROPOSED FEE INCREASE

SCHEDULE OF MAXIMUM RATES

Page 90 of 181 ends

EXHIBIT B

RATE ADJUSTMENT MOTHODOLGY

Page 91 of 181 ends

EXHIBIT C

NEXUS STUDY

Page 92 of 181 ends

City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Page 1 of 5 ends

Desert Valley Disposal, Inc.

Current Rate
7/1/21
Proposed
Rate 7/1/22
Current Rate
7/1/21
Proposed
Rate 7/1/22
2-CY refuse bin service, continued
Single family dwelling service: (1,2,3,4) One-time pickup, 1st bin $ 74.67 $ 80.79 3-cart bundle $ 28.73 $ 42.80 One-time pickup, each add'l bin $ 37.95 $ 41.48 Extra carts: 3-CY refuse bin service:

Each add'l cart (refuse) $ 26.12 $ 18.68 First weekly pickup $ 252.23 $ 288.97 Each add'l cart (recycling) $ 22.86 $ 18.68 Each add'l weekly pickup $ 211.34 $ 245.19 Each add'l cart (organic waste) n/a $ 18.68 1xWeek $ 252.23 $ 288.97 Optional green waste cart (5) $ 4.51 $ 4.68 2xWeek $ 463.57 $ 534.16 One-time extra pick-up of any cart n/a $ 25.00 3xWeek $ 674.91 $ 779.35 Billing fee (4) $ 12.61 $ 13.50 4xWeek $ 886.25 $ 1,024.54 Multi-family dwelling service (3-cart bundle): (6,7) 5xWeek $ 1,097.59 $ 1,269.73 First dwelling unit on account $ 28.70 $ 42.80 6xWeek $ 1,308.93 $ 1,514.92 Each add'l dwelling unit on same account $ 28.53 $ 42.80 One-time pickup, 1st bin $ 83.16 $ 90.49 Extra carts: One-time pickup, each add'l bin $ 44.83 $ 49.43 Each extra refuse cart n/a $ 18.68 4-CY refuse bin service:

Each extra recycling cart $ 22.86 $ 18.68 First weekly pickup $ 304.46 $ 351.23 Each extra organic cart n/a $ 18.68 Each add'l weekly pickup $ 259.90 $ 303.41 Contaminated cart fees: (4,8) 1xWeek $ 304.46 $ 351.23
Disposal of recycling cart contents (per event) $ 6.35 $ 25.00 2xWeek $ 564.36 $ 654.64 Disposal of organic cart contents (per event) n/a $ 25.00 3xWeek $ 824.26 $ 958.05 Removal of noncompliant cart (per event) n/a $ 25.00 4xWeek $ 1,084.16 $ 1,261.46 Redelivery of removed cart (per event) $ 31.57 $ 25.00 5xWeek $ 1,344.06 $ 1,564.87 6xWeek $ 1,603.96 $ 1,868.28
One-time pickup, 1st bin $ 101.63 $ 114.78
Cart services (an organic service is also required) One-time pickup, each add'l bin $ 55.47 $ 61.32 2-cart service (refuse & recycling, 95-gallon each) (9) $ 33.05 $ 52.31 Bin services (an organic service is also required) (9,10) Recycling bin service:

Refuse bin service: (11) 3-CY recycle bin: (11)
2-CY refuse bin service: First weekly pickup (per account) FREE FREE 1st weekly pickup $ 188.28 $ 213.66 Second bin weekly pickup $ 222.47 $ 250.75 Each add'l weekly pickup $ 153.67 $ 176.61 Each add'l weekly pickup $ 192.72 $ 211.89 1xWeek $ 188.28 $ 213.66 One-time pickup, 1st bin n/a $ 75.00 2xWeek $ 341.95 $ 390.27 One-time pickup, each add'l bin n/a $ 75.00 3xWeek $ 495.62 $ 566.88
4xWeek $ 649.29 $ 743.49
5xWeek $ 802.96 $ 920.10
6xWeek $ 956.63 $ 1,096.71
Service
COMMERCIAL SERVICES (3,7,9)
Service
Rates are monthly unless otherwise noted. Footnotes appear at end of schedule.

RESIDENTIAL SERVICES
COMMERCIAL SERVICES, continued

Page 93 of 181 ends

City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Page 2 of 5 ends

Desert Valley Disposal, Inc.

Current Rate
7/1/21
Proposed
Rate 7/1/22
Current Rate
7/1/21
Proposed
Rate 7/1/22
Organic waste cart & bin services: (9,12) Green waste service, continued Green waste: 2-CY bin:
35-gallon cart: First bin $ 589.15 $ 293.53
First cart $ 23.96 $ 25.22 Each add'l bin collected with first bin $ 589.15 $ 293.53 Each add'l cart collected with first cart $ 23.96 $ 25.22 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l bin with 1st n/a $ 67.79 One-time pickup, each add'l cart with 1st n/a $ 5.82 Mixed organic waste:
65-gallon cart: 35-gallon cart:

First cart $ 25.20 $ 32.44 First cart $ 71.95 $ 32.02
Each add'l cart collected with first cart $ 25.20 $ 32.44 Each add'l cart collected with first cart $ 32.73 $ 32.02 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l cart with 1st n/a $ 7.49 One-time pickup, each add'l cart with 1st n/a $ 7.39 95-gallon cart: 65-gallon cart:

First cart $ 26.34 $ 39.66 First cart $ 93.42 $ 45.06
Each add'l cart collected with first cart $ 26.34 $ 39.66 Each add'l cart collected with first cart $ 54.20 $ 45.06 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l cart with 1st n/a $ 9.16 One-time pickup, each add'l cart with 1st n/a $ 10.41 2-CY bin: 95-gallon cart:

First bin $ 242.96 $ 225.90 First cart n/a $ 58.11
Each add'l bin collected with first bin $ 242.96 $ 225.90 Each add'l cart collected with first cart n/a $ 58.11 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l bin with 1st n/a $ 52.17 One-time pickup, each add'l cart with 1st n/a $ 13.42 3-CY bin; 2-CY bin:

First bin $ 346.71 $ 305.39 First bin $ 432.73 $ 265.12 Each add'l bin collected with first bin $ 346.71 $ 305.39 Each add'l bin collected with first bin $ 432.73 $ 265.12 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, each add'l bin with 1st n/a $ 70.53 One-time pickup, each add'l bin with 1st n/a $ 61.23 Food waste: 3-CY bin:
35-gallon cart: First bin n/a $ 364.23
First cart $ 91.29 $ 38.34 Each add'l bin collected with first bin n/a $ 364.23 Each add'l cart collected with first cart $ 52.07 $ 38.34 One-time pickup, 1st bin n/a $ 84.12 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l bin with 1st n/a $ 84.12 One-time pickup, each add'l cart with 1st n/a $ 5.82
65-gallon cart: Cannabis waste documentation fee: (13)
First cart $ 132.71 $ 56.82 Will call collections $ 38.61 $ 41.34 Each add'l cart collected with first cart $ 93.49 $ 56.82 Monthly charge for each weekly collection $ 167.33 $ 179.14 One-time pickup, 1st cart n/a $ 25.00
One-time pickup, each add'l cart with 1st n/a $ 13.12
COMMERCIAL SERVICES, continued
Service Service
COMMERCIAL SERVICES, continued

Page 94 of 181 ends

City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Page 3 of 5 ends

Desert Valley Disposal, Inc.

Current Rate
7/1/21
Proposed
Rate 7/1/22
Current Rate
7/1/21
Proposed
Rate 7/1/22
Contaminated cart fees: (8) Tonnage-based charges:

Each recycle or organic cart disposed (per event) n/a $ 25.00 Disposed tons:

Removal of non-compliant cart (per event) n/a $ 25.00 Minimum charges (per load):

Redelivery of removed cart (per event) n/a $ 25.00 10-CY, 10-tons $ 802.80 $ 828.30 Contaminated bin fees: (8) 20-CY, 3-tons $ 240.84 $ 248.49 Each recycle or organic bin disposed (per event) $ 78.74 $ 83.33 30-CY, 4-tons $ 321.12 $ 331.32 Removal of non-compliant bin (per event) $ 90.92 $ 96.36 40-CY, 5-tons $ 401.40 $ 414.15 Return of removed bin (per event) $ 75.04 $ 80.33 Charge per ton in excess of minimum charge $ 80.28 $ 82.83 Diverted tons: (14)
Enforcement Inspections (per hour; on City order) n/a $ 138.19 (a) Facility tip fee Actual T.F. Actual T.F.

Misc. Commercial Services: (b) SB 1383 n/a 1.89% of actual Return trips for inaccessible bins $ 75.04 $ 80.33
(c) Admin fee 15% of
actual
15% of
actual
Bin relocation: (d) Diversion reporting (per ton) $ 12.72 $ 13.62 First bin (per request) $ 75.04 $ 80.33 (e) City Fee (per ton) $ 9.93 $ 10.63 Each add'l bin (per request) $ 29.88 $ 32.00 Miscellaneous debris box charges:

Roll-out charges (per month for each wkly p/u) $ 106.13 $ 113.62 Return trip, relocate, exchange box (15) $ 73.87 $ 79.08 Locking bin charges: Offloading > 10-tons (per 15-min, 1 hr min) $ 153.40 $ 164.24 One-time set up charge per bin $ 121.23 $ 129.78 Clean & wash box:

Monthly charge per bin $ 121.23 $ 129.78 1st box (per request) $ 123.99 $ 132.74 Contractor lock (1-time charge) $ 35.25 $ 37.74 Each add'l box (per request) $ 53.16 $ 56.92 Clean & wash bins by request: Stationary Compactor Services (pull charges + tonnage-based fees per load) First bin (per request) $ 121.23 $ 129.78 Pull charges for pickup & return (per load):

Each add'l bin (per request) $ 51.96 $ 55.63 Loads to EHTS for disposal & diversion $ 463.43 $ 505.54 Special equip or handling (per mo for each wkly p/u) $ 75.01 $ 80.30 Tonnage-based fees (per ton):

Domestic animal waste (charged for each 3-CY bin pickup) $ 285.37 $ 285.37 Disposed tons $ 80.28 $ 82.83 Add for hard-to-handle waste (per ton) $ 19.19 $ 19.55
Diverted tons: (14)
Debris Box Services (pull charges + tonnage-based fees per load) (a) Facility tip fee Actual Actual Pull charges: (b) SB 1383 1.89% of actual1.89% of actual Loads to EHTS for disposal & diversion $ 463.43 $ 505.54 (c) Admin fee 15% of
actual
15% of
actual
Loads to other facilities $ 542.21 $ 591.47 (d) Diversion reporting (per ton) $ 12.72 $ 13.62 Rental charges (per day after 7-days no activity) $ 66.20 $ 72.22 (e) City Fee (per ton) $ 9.93 $ 10.63

ROLL-OFF SERVICES
Service Service
COMMERCIAL SERVICES, continued ROLL-OFF SERVICES, continued

Page 95 of 181 ends

City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Page 4 of 5 ends

Desert Valley Disposal, Inc.

Current Rate
7/1/21
Proposed
Rate 7/1/22
Current Rate
7/1/21
Proposed
Rate 7/1/22
Miscellaneous stationary compactor charges: Miscellaneous charges, continued Return trip, relocate, or turn around (15) $ 73.87 $ 79.08 Miscellaneous Refuse & debris (hourly):

Offloading > 10-tons (per 15-min, 1 hr min) $ 153.40 $ 164.24 First 15-minutes $ 34.03 $ 35.49 Clean & wash box: Each add'l 15 minute increment $ 9.64 $ 10.33 1st box (per request) $ 123.99 $ 132.74 Cleanup Services (including disaster debris):

Each add'l box (per request) $ 53.16 $ 56.92 Labor (per hour):

Monthly maintenance service n/a $ 107.76 Debris abatement crew (with vehicle) $ 103.08 $ 104.55 Specialized equipment or handling (per load) n/a $ 138.89 Field supervisor $ 47.84 $ 52.31 Driver, roll-off truck $ 44.02 $ 48.22
Driver, front & rear loader collection vehicle $ 39.13 $ 42.98 Special Bin Services Driver, bin delivery truck $ 39.13 $ 42.98 Disposal services: Laborer $ 29.36 $ 27.75
Temporary residential clean-up bin: Equipment (per hour):
4-day rental $ 127.49 $ 142.91 Roll-off truck $ 62.30 $ 74.09 Extra pick-up $ 85.31 $ 95.36 Debris box $ 121.38 $ 72.22 Construction bin: Rear loading collection vehicle n/a $ 74.09 7-day rental $ 148.62 $ 165.65 Commercial front loader collection vehicle $ 75.65 $ 76.05 Extra pick-up $ 110.11 $ 95.36 3-CY construction bin $ 65.22 $ 23.66 Monthly service $ 351.21 $ 387.74 Bin delivery truck $ 26.03 $ 17.30 Extra pick-up $ 96.44 $ 106.82 Pick-up truck $ 24.91 $ 15.00 Special Bin Services, continued Rented equipment Actual + 10% Actual + 10% Diversion services: Disposal or diversion tip fee Actual + 10% Actual + 10% Preferred Hauler Program (3-CY bin): Materials & contracted services Actual + 10% Actual + 10% 7-day rental $ 173.05 $ 191.36 Remove litter from enclosure (per hour) n/a $ 113.11 Extra pick-up $ 173.05 $ 191.36 Enclosure cleaning:

Monthly service $ 692.25 $ 765.47 Basic service (remove debris & sweep; per sq.ft.) n/a $ 3.14 Extra weekly pick-up $ 692.25 $ 765.47 Power wash (after basic service; per sq.ft.) n/a $ 6.43 Special Haul/Bulky Item Services Administrative Charges (applicable to all accounts):

Residential: Charge for returned check/electronic payment $ 35.00 $ 35.00 2 Items per month (combo, appliance or other) FREE FREE Past due charge 1 1/2% 1 1/2% Each add'l appliance $ 40.46 $ 43.18 Delinquent account charge (of amt delinquent) 10% 10% Each add'l other bulky item $ 20.20 $ 21.58 City admin cost to process tax liens (16) Pro rata share Pro rata share Commercial (including MFD using bins): City admin cost to process tax levies (17) Pro rata share Pro rata share Each appliance $ 75.76 $ 80.89
Each other bulky item $ 30.28 $ 32.34

MISCELLANEOUS SERVICES
ROLL-OFF SERVICES, continued MISCELLANEOUS SERVICE, continued Service Service

Page 96 of 181 ends

City of Desert Hot Springs

EXHIBIT A
Franchise Agreement Attachment I
Schedule of Maximum Rates Effective July 1, 2022

Page 5 of 5 ends

Desert Valley Disposal, Inc.

Current Rate
7/1/21
Proposed
Rate 7/1/22
Current Rate
7/1/21
Proposed
Rate 7/1/22
(15) Return trip to service inaccessible box/compactor or relocate at customer's request.

Service Service
(1) 3-cart bundle is the default residential service and includes one 95-gallon cart each for sourceseparated refuse, recycling & organic waste provided by Contractor; bagged food waste permitted in organic cart. Dwellings not billed via the County property tax bill will be billed directly by Contractor, quarterly in advance.
(2) Single family rate applies to dwellings in mobile home parks that are direct billed individually by Contractor.
(c) Required for Multi-family complexes: mixed organic waste service ONLY (or with separate green waste and food waste containers by special arrangement with Contractor. (d) Required for Cannabis establishments: green waste service for cannabis waste AND other organic service as applicable.
(10) Bins cleaned or exchanged once annually at no charge upon request. (11) For each 2-, 3- or 4-CY bin subscription, regardless of the number of weekly pick-ups, customer receives one 3CY recycle bin collected once weekly. Additional recycle bins or weekly recycling bin pickups available for additional fees. Customer may substitute a 2CY bin, however no price difference for substitutions.

Examples: (a) One 3CY recycle bin provided for subscription of one 2CY refuse bin collected 1xWeek; (b) One 3CY recycle bin provided for subscription of one 3CY bin collected 6xWeek; (c) Two 3CY recycle bins provided for subscription of two 4CY refuse bins collected 2xWeek. (7) Service billed monthly in arrears; deposit and/or advance payment may be required of delinquent accounts.
(8) After written notice to customer posted on cart.
(9) Organic waste recycling required for all commercial services. Organic wastes (green waste, food waste & mixed organic waste) are to be source-separated and free of contamination; mixed organic waste containers may include bagged food waste. Available organic waste services for specific generators:
(a) Required for Food establishments: (a) Food waste service, AND (b) green waste service, if applicable.
(b) Required for Non-food establishments: (a) green waste service, OR (b) mixed organic waste service as applicable.
(3) Containers (carts & bins) must be no more than level full with lids closed. C&D waste and animal waste prohibited, except for animal waste for household pets. (4) Detached single family service billed on County property tax bill. Any services direct billed by Contractor are subject to a billing fee for each quarterly billing. (6) Service category applies to dwelling units: (a) with common walls such as duplexes, triplexes, condominiums, townhomes, apartments, hotel & motel units; also applies to mobile home park dwellings; (b) serviced individually, and (c) receiving one bill for all units on account. Also applies to mobile home park dwellings receiving individual pick-up and a master bill to a single account.

All other units billed as Single Family dwellings.
(5) Existing optional green waste cart service replaced by organic waste cart service effective 10/1/22.
(17) City's administrative cost to levy an assessment for solid waste fees on eligible properties; allocated equally among eligible single family properties placed on County property tax bill. (12) Source-separated green waste, food waste or mixed organic waste free of non-compliant waste; requirements strictly enforced.
(13) The disposal of cannabis waste is regulated by the State of California. State regulations allow collection of cannabis waste with other green waste if processed at a permitted green waste facility. The cannabis waste documentation fee covers the hauler's record keeping cost.

Documentation fee applies to each collection visit regardless of the number of containers collected at the visit.

FOOTNOTES
(14) For tons delivered to a solid waste facility for diversion. Fee per ton is the sum total of listed fees (a) thru (e).
(16) City's administrative charge to collect delinquent waste charges on the County tax bill; allocated among the accounts eligible to be collected in this manner as a lien against the property.

FOOTNOTES, continued

Page 97 of 181 ends

Rate Adjustment Methodology
For Solid Waste Service Rates Effective July 1, 2022

Page 1 of 2 ends

This is a description of the changes made to the rates for solid waste services displayed in The rates for solid waste services displayed in Franchise Agreement Attachment F effective July 1, 2021 to determine the proposed rates effective July 1, 2022.

Residential Services:
• Annual CPI adjustment
o The Hauler Service Fee rate component and the City Diversion Fee rate component are adjusted +7.06%.
o The City Franchise Fee automatically increases by the change in CPI. • Material Tip Fee Adjustment
o The annual adjustment in Material Tip Fees has NOT been added. The formula for a proposed amended and restated Franchise Agreement will now account for changes in Material Tip Fees one year in arrears.
• SB 1383
o SB 1383 services add $8.60 per dwelling
• Weekly Bulky Waste Collection
o A new weekly bulky waste collection service adds $3.95 per month. • Miscellaneous
o Minor miscellaneous adjustments are made to some rates to account for variances.

Commercial Services:
• Annual CPI adjustment
o The Hauler Service Fee rate component and the City Diversion Fee rate component are adjusted +7.06%.
o The City Franchise Fee automatically increases by the change in CPI. • Material Tip Fee Adjustment
o The annual adjustment in Material Tip Fees has NOT been added. The formula for a proposed amended and restated Franchise Agreement will now account for changes in Material Tip Fees one year in arrears.
• SB 138
o SB 1383 services add 6.09% to the total rate.
• Weekly Bulky Waste Collection

Page 98 of 181 ends

Rate Adjustment Methodology
For Solid Waste Service Rates Effective July 1, 2022

Page 2 of 2 ends

o A new weekly bulky waste collection service adds $8.41(2-CY bin), $12.60 (3-CY bin), and $16.82 (4-CY bin) per month to the cost for weekly refuse bin pickups. • Miscellaneous
o Minor miscellaneous adjustments are made to some rates to account for variances. For example, most organic waste service rates have been reduced to reflect the anticipated opening of a new facility that is nearer to the city.

Roll-Off Services
• Annual CPI adjustment
o The Hauler Service Fee rate component and the City Diversion Fee rate component are adjusted +7.06%.
o The City Franchise Fee automatically increases by the change in CPI. • Material Tip Fee Adjustment
o The annual adjustment in Material Tip Fees has NOT been added. The formula for a proposed amended and restated Franchise Agreement will now account for changes in Material Tip Fees one year in arrears.
• SB 1383
o SB 1383 services add 1.89% to the total rate.

Other Services
Rates for other services that do not incur Material Tip Fees are adjusted for the change in CPI only.

Page 99 of 181 ends

Desert Hot Springs SB 1383 Program
Cost of Service

Page 1 of 1 ends

Desert Valley Disposal, Inc.

Capital
investment
Annual Cost
SB 1383 Services
Part 1. Outreach, education, monitoring, reporting
Investment in vehicles & equipment 45,500
Labor costs 70,941
Operating & other costs including depreciation & interest 100,848 Total 171,789
Part 2. Container labeling
Investment in vehicles & equipment -
Labor costs -
Operating & other costs including depreciation & interest 17,866 Total 17,866
Part 3. Residential weekly curbside collection
Investment in 2 collection vehicles & 9,305 carts 1,513,155 Labor costs 281,976
Operating & other costs including depreciation & interest 643,174 Total 925,150
SB 1383 total 1,558,655 1,114,805
Allocation of Annual Cost by Service Sector
Residential services (carts) 955,972
Commercial services (bins) 143,105
Roll-Off services 15,728
Total 1,114,805
DVD will employ a program coordinator (.3 FTE) and a recycling ambassador (.74 FTE) to perform the outreach, education, monitoring and reporting duties described in the Scope of SB 1383 Services.

DVD will affix SB 1383-required labels to non-compliant containers.

DVD will distribute carts to residential customers and deploy 2 additional collection vehicles with 2 operators each to perform weekly collection of mixed organic waste.

The Franchise Agreement will be amended and restated to provide SB 1383 services. These services and their cost are summarized in this workpaper.

Page 100 of 181 ends

Desert Hot Springs Weekly Bulky Waste Collection Program Cost of Service

Page 1 of 1 ends

Desert Valley Disposal, Inc.

Capital
investment
Annual Cost
Weekly Bulky Waste Program
Investment in vehicles & equipment 460,000
Labor costs 124,236
Operating & other costs including depreciation & interest 430,694 Total 460,000 554,930
Allocation of Annual Cost by Service Sector
Residential services (carts) 436,308
Commercial services (bins) 118,622
Roll-Off services -
Total 554,930
This is a new program to collect bulky item waste weekly at the curb. This program is in addition to the existing quarterly clean-up program and the existing daily debris abatement program. This workpaper summarizes the program costs.

DVD will deploy a collection vehicle operated by 2 collectors.

Page 101 of 181 ends

Desert Hot Springs
Bulky Waste Program Proposal
Cost of Service
Workpaper

Page 1 of 2 ends

Desert Valley Disposal, Inc. 22-0305(bk)
Program Description:

Methodology:

Table 1 determines the program cost.

Annual Cost Monthly Cost
Labor:

Wages (1) 95,915
Payroll burden (2) 25,322
Uniform cost 3,000
124,236
Truck costs:

Operating costs (3) 69,560
Depreciation (4) 41,400
Interest (5) 17,303
128,263
Tip fees (6) 107,099
Total operating costs 359,598
G&A + profit 89,900
Cost (before City Fees) 449,498 37,458
City fees (7) 105,432 8,786
Total cost (before City Fees) 554,930 46,244
Footnotes:
(1) 2 drivers @ $22.41/hour, 2,140 hours.
(2) Payroll burden at 26.4%.
(4) $460,000, S/L, 10% residual, 10 years.
(5) Average annual interest, $460,000, 7% unsecured, 60 months. (6) Tip fees, 8-tons per day, $51.49/ton, 260 days.
(7) City Fees computed at 19%.

Description
Weekly Bulky Waste Collection Program
(3) Average cost per vehicle from FY'21 Year End for R&M, fuel, fluids, license, insurance, maint. labor & tires).

Table 1
New program to perform curbside bulky item collection on a weekly basis deploying one collecton vehicle and a 2-person crew servicing SFR, MFR, MFR with bins & commercial bins.

Determine program cost (Table 1) and allocate cost on the basis of units serviced (Table 2).

Page 102 of 181 ends

Desert Hot Springs
Weekly Bulky Waste Collection Program
Cost of Service
Workpaper

Page 2 of 2 ends

Desert Valley Disposal, Inc. 22-0306(bk)
Table 2 computes the cost per dwelling unit using Calif Dept of Finance housing statistics Description
2022 Rate Year Monthly Cost 37,458 (1)
City franchise fee (19%) 8,786 (2)
Total monthly rate revenue 46,245
Total Dwelling Units 11,702 (3)
Cost per DU $ 3.95 (4)
Cost per weekly bin pick-up: (4)
2-CY bin $ 8.41 (5)
3-CY bin $ 12.61 (5)
4-CY-bin $ 16.82 (5)
Table 3 computes rate revenue using DVD service units and performs a reasonableness check.

Description Rate Rate Revenue
SFR carts 7,433 $ 3.95 29,360
MFR carts 1,772 $ 3.95 6,999
Bin pick-ups per week:
2-CY 113 $ 8.41 950
3-CY 320 $ 12.60 4,032
4-CY 219 $ 16.83 3,686
Computed monthly rate revenue 45,028
Reasonableness test:

Variance of monthly revenue from monthly cost (46,245) (1,217) % variance -2.63%
Finding Reasonable
Footnotes:
(1) From Table 1.
(2) 19% City fee (assumes single franchise fee approach). (3) Total DU from Calif. Department of Finance, Report E-5, January 2021. (4) $46,245 / 11,702 = $3.95
(5) Assume .94 CY per DU based on 1 CY = 101-gallons; therefore 95-gal cart = .94 CY. 2-CY bin: 2 / .94 = 2.13; 2.13 x $3.95 = $8.41
3-CY bin; 3 / .94 = 3.19; 3.19 x $3.95 = $12.60
4-CY bin: .94 / 4 = 4.26; 4.26 x $3.95 = $16.83
(6) Service units from DVD mgmt report ME #2 & 4, February 2022. [Given: 101 gallons = 1 cubic yard; 95-g cart / 101-g = .94 CY; therefore, 95-g cart = .94 CY] Mo. Program Cost
Computed Monthly Rate Revenue
Service Units (6)
Table 2
Cost per Service Unit
Table 3

Page 103 of 181 ends

Page 104 of 181 ends

SR-22-075
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 19, 2022
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Line C-1 Storm Drain Funding Agreement
RECOMMENDATION:

BACKGROUND:

The area along Hacienda Avenue between Calle Amapola and Redbud Road is subject to inundation during storm events, causing the roadway to be closed to allow for clean up crews to remove sediment and debris, which limits accessibility through the City’s east-west arterial. The flooding of Hacienda Avenue is due to the lack of a storm drain system to collect the storm flows emanating from the northerly residential development and hillside area. Storm flows are conveyed southward through an existing flow path towards Hacienda Avenue, where flows are conveyed over the roadway and continue southward through residential development. In addition to roadway flooding, the flows also cause residential flooding for the homes adjacent to the flow path. Road maintenance is required during and after the storm events.

DISCUSSION:

The City’s Master Drainage Plan identifies this area as designated to drain into the Line C-1 Storm Drain, which has not yet been constructed. The City met with Riverside County Flood Control and Water Conservation District (District), who reviewed and accepted to add the Line C-1 Storm Drain Project to the District’s Regional Capital Improvement Projects as funded through regional funds. The City and the District then developed a funding agreement that identifies the roles and responsibilities of both agencies in the design and construction phases of the Line C-1 Storm Drain Project.

The Line C-1 Storm Drain will extend from Deodar Avenue to Panorama Drive (see Exhibit 1), which will also requires the replacement of a small portion of existing City storm drain along Panorama Drive.

At the downstream limits, the Line C-1 Storm Drain will connect into the City‘s existing storm drain and outlet structure located within the basin at Panorama Drive. The Line C-1 Storm Drain will collect the flows tributary to Hacienda Avenue between Calle Amapola and Redbud Road and eliminate flooding from the intersections of Deodar Avenue and Redbud Road to Panaorama Drive and Calle Amapola, as well as prevent road closures to Hacienda Ave and other residential streets in this area.

Page 105 of 181 ends

SR-22-075
The City and the District developed the funding agreement shown in Exhibit 2 that identifies following roles and responsibilities of both agencies for the project.

The following are the District responsibilities:
• Provide funding of $3,800,000 towards the project, which includes 100% of the design, hydrology and hydraulics, geotechnical analysis, potholing, bid contract price, constructing, surveying, compaction and material testing, inspection and construction management associated with the project.
• Act as a Responsible Agency under California Environmental Quality Act (CEQA). • Review improvement plans in accordance with the applicable District and City standard • Review, comment and make a determination on all applications for regulatory permits prior to the City submitting applications.
• Shall pay the Coachella Valley Conservation Commission for the costs associated with the Multiple Species Habitat Conservation Plan.
• Shall conduct a final inspection of the project upon receipt of the City’s Notice of Completion. • Shall accept ownership and responsibility for the operation and maintenance of the Line C-1 Storm Drain.

The following are the City responsibilities:
• Shall act as Lead Agency and assume responsibility for preparation, circulation, and adoption of all necessary and appropriate CEQA documents.
• Shall prepare the necessary plans, bid documents and specifications for the project and submit to the District for its review and approval.
• Shall secure all necessary permits, approvals or agreements required by any federal, state and local resource agencies pertaining to the project prior to advertising for public works construction, and assume sole responsibility for compliance of all regulatory permits. • Shall ensure all necessary rights of way, rights of entry and construction easements, and acquire all parcels necessary to inspect, operate and maintain project prior to advertising for public works construction.
• Shall keep an accurate accounting of all costs.
• Shall advertise, award and administer a public works construction contract for the project. • Shall submit reimbursement of all project costs to the District.

Staff is recommending City Council authorize the City Manager to execute the funding agreement between the City and the District for the completion of the Line C-1 storm drain project.

This agreement will only set the roles and responsibilities of the project. Any and all future agreements between the City and consultants and/or contractors will still require City Council approval per the City’s municipal code.

FISCAL IMPACT:

The District is funding the design and construction of the Line C-1 storm drain, therefore there is no fiscal impact to the City.

ATTACHMENTS:

Exhibit 1 - Funding Agreement

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SR-22-075
Exhibit 2 - Desert Hot Springs MDP Line C-1

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FUNDING AGREEMENT
Desert Hot Springs MDP – Line C-1, Stage 1
Project No. 6-8-00034-01
MS 205
This Funding Agreement ("Agreement"), dated as of , 2022, is entered into by the Riverside County Flood Control and Water Conservation District, a body politic ("DISTRICT") and the City of Desert Hot Springs, a municipal corporation ("CITY").

DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party".

The Parties hereto agree as follows:

RECITALS
A. DISTRICT has budgeted for and CITY has plans to design and construct Desert Hot Springs Line C-1, Stage 1 ("LINE C-1"). Upon construction completion, LINE C-1 will mitigate ongoing residential and street flooding from the intersections of Deodar Avenue and Redbud Road to Panorama Drive and Calle Amapola in the city of Desert Hot Springs. LINE C-1 will also reduce the amount of sediment and debris that is transported from the northern properties to the southern properties and Hacienda Avenue, one of CITY's main east to west streets; and
B. LINE C-1, as shown on District Drawing No. 6-0423 and as shown in concept in blue on Exhibit "A", attached hereto and made a part hereof, includes approximately 4,200 lineal feet of underground storm drain from Deodar Avenue to Panorama Drive, and LINE C-1 will remove and replace approximately 1,200 lineal feet of existing CITY 48" diameter storm drain along Panorama Drive. At the downstream terminus, LINE C-1 will connect into CITY's existing 66" diameter storm drain and outlet structure located south of Panorama Drive and west of Calle Amapola.

C. Associated with the construction of line C-1 is the construction of certain storm drains that are thirty-six inches (36”) or less in diameter, various catch basins, inlets and

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modifications to CITY’s existing storm drains and basin ("CITY FACILTIES"). LINE C-1 and CITY FACILITIES are hereinafter called "PROJECT"; and
D. CITY is willing to assume the lead role for PROJECT and, therefore, will provide the administrative, technical, managerial and support services necessary to plan, design and construct PROJECT; and
E. Due to the Parties' mutual interest in PROJECT, DISTRICT wishes to support CITY's efforts by providing a financial contribution to implement PROJECT; and F. DISTRICT is willing to provide Three Million Eight Hundred Thousand Dollars ($3,800,000) toward PROJECT. All excess costs shall be borne by CITY.

G. DISTRICT's financial contributions to PROJECT shall be as follows, subject to the not to exceed amount provided in Recital H below:
i. One hundred percent (100%) of costs associated with engineering design, hydrology and hydraulics, geo-technical analysis and potholing required to complete the design of PROJECT; and costs associated with the preparation of environmental documents, applications and obtaining the environmental clearance and permits required for PROJECT ("DESIGN CONTRIBUTION"); and
ii. One hundred percent (100%) of the lowest responsible bid contract price for construction of PROJECT ("CONSTRUCTION
CONTRIBUTION"); and
iii. One hundred percent (100%) of the cost associated with construction, surveying, compaction and material testing, inspection and construction management of PROJECT
("CONSTRUCTION ADMINISTRATION CONTRIBUTION");
and

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H. Altogether, DESIGN CONTRIBUTION, CONSTRUCTION
CONTRIBUTION and CONSTRUCTION ADMINISTRATION CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION". TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total of Three Million Eight Hundred Thousand Dollars ($3,800,000); and
I. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the design, construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. Upon execution of this Agreement, issue a first invoice to DISTRICT (Attn:

Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

3. Prepare or cause to be prepared the necessary plans, bid documents and specifications for PROJECT, hereinafter called "IMPROVEMENT PLANS", in accordance with the applicable DISTRICT and CITY standards, and submit to DISTRICT (Attn: Special Projects

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Section) for its review, comment and approval prior to advertising PROJECT for construction bids. CITY shall not permit any change to or modification of DISTRICT approved and CITY approved IMPROVEMENT PLANS without DISTRICT's prior written permission and consent.

4. Issue a second invoice to DISTRICT (Attn: Special Projects Section) for the remaining fifty percent (50%) of DESIGN CONTRIBUTION, after IMPROVEMENT PLANS have been signed by all Parties, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

5. Prior to advertising PROJECT for public works construction contract, secure all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to PROJECT. Such documents may include, but are not limited to, a Section 404 permit issued by the U.S. Army Corps of Engineers, a Section 401 Water Quality Certification issued by the California Regional Water Quality Control Board (CRWQCB), a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife, and a National Pollutant Discharge Elimination System Permit issued by the State Water Resources Control Board or CRWQCB and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS"). CITY shall also provide DISTRICT an opportunity to review, comment on and approve, as appropriate, all applications for REGULATORY PERMITS prior to submitting the application to the applicable regulatory agencies.

6. Ensure REGULATORY PERMITS, including any subsequent renewal or amendments thereto, will not (i) unreasonably impede DISTRICT's ability to perform all necessary operation and maintenance activities for DISTRICT FACILITIES, as determined by DISTRICT, or (ii) include any stipulations that would result in additional mitigation obligations being placed upon DISTRICT for maintenance operations within PROJECT's right of way.

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7. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operation and maintenance of PROJECT.

8. Prior to advertising PROJECT for public works construction contract, secure all necessary rights of way, rights of entry and construction easements, and acquire all parcels necessary to construct, inspect, operate and maintain PROJECT ("ROW DOCUMENTS").

9. Keep an accurate accounting of all costs associated with CONSTRUCTION ADMINISTRATION CONTRIBUTION. The accounting for CONSTRUCTION ADMINISTRATION CONTRIBUTION should be included when invoicing DISTRICT for payment of CONSTRUCTION ADMINISTRATION CONTRIBUTION as set forth in Section I.16.

10. Prior to awarding a public works construction contract for PROJECT, provide DISTRICT seven (7) calendar days following construction bid opening to review and approve or reject bids for construction of PROJECT. DISTRICT may only reject bids found by DISTRICT to be unreasonably high.

11. Advertise, award and administer a public works construction contract for PROJECT of the bids pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of IMPROVEMENT PLANS and any subsequent addenda thereto.

12. [INTENTIONALLY DELETED]

13. [INTENTIONALLY DELETED]

14. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written

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notice shall include CITY contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.

15. At the time of providing written notice of the award of a construction contract as set forth in Section I.14, issue a third invoice to DISTRICT (Attention: Special Projects Section) for the payment of CONSTRUCTION CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

16. At the time of providing written notice of the award of a construction contract as set forth in Section I.14, issue a fourth invoice to DISTRICT (Attention: Special Projects Section) for the payment of CONSTRUCTION ADMINISTRATION CONTRIBUTION as specified in Section I.9, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

17. Furthermore, CITY shall be responsible to pay any amounts in excess of TOTAL DISTRICT CONTRIBUTION for PROJECT.

18. Prior to commencing construction of PROJECT, procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance, including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs required insurance provided in Exhibit "B", attached hereto and made a part hereof.

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19. Prior to commencing construction of PROJECT, schedule and conduct a mandatory pre-construction meeting between CITY, CITY's construction manager, CITY's construction contractor(s), DISTRICT and other affected entities. CITY shall notify DISTRICT (Attention: Special Project Section) in writing at least twenty (20) days prior to conducting the pre-construction meeting.

20. Prior to commencing construction of PROJECT, furnish DISTRICT with final mylar PROJECT plans and assign ownership of PROJECT plans to DISTRICT.

21. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS approved by DISTRICT and CITY.

22. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.

23. Relocate or cause to be relocated, at its sole cost and expense, all conflicting CITY owned utilities. CITY shall also order the relocation of all other utilities installed by permit or franchise within CITY rights of way which conflict with the construction of PROJECT.

24. Inspect PROJECT construction or cause PROJECTꞌs construction to be inspected by its construction manager, and pay all costs associated therewith.

25. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership operation and maintenance of CITY FACILITIES.

26. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.

27. Upon completion of PROJECT construction but prior to DISTRICT's acceptance of LINE C-1 for ownership, operation and maintenance, provide DISTRICT with

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appropriate engineering documentation necessary to establish that LINE C-1 was constructed in accordance with DISTRICT-approved and CITY-approved IMPROVEMENT PLANS.

28. Upon completion of PROJECT construction, but prior to DISTRICT acceptance of LINE C-1 for ownership, operation and maintenance, CITY shall convey or cause to be conveyed to DISTRICT the flood control easement(s) or grant deed(s) of fee title, where appropriate, as deemed necessary by DISTRICT for the operation and maintenance of LINE C1. The easement(s) or grant deed(s) shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property(ies) described in the easement(s) or grant deed(s).

29. At the time of recordation of the conveyance document(s) as set forth in Section I.28, furnish DISTRICT with policies of title insurance, each in the amount of not less than (i) fifty percent (50%) of the estimated fee value as determined by DISTRICT for each easement parcel to be conveyed to DISTRICT, or (ii) one hundred percent (100%) of the estimated value as determined by DISTRICT for each fee parcel to be conveyed to DISTRICT, guaranteeing DISTRICT's interest in each fee parcel as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), and except those which in the sole discretion of DISTRICT are acceptable.

30. Keep an accurate accounting of all PROJECT costs and provide this accounting to DISTRICT with CITY's Notice of Completion, as set forth in Section I.26. The final accounting of construction costs shall include a detailed breakdown of all costs to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS.

TOTAL DISTRICT CONTRIBUTION shall not exceed Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

31. Refund to DISTRICT, at the time of providing a Notice of Completion as set forth in Section I.26, any unexpected portions of TOTAL DISTRICT CONTRIBUTION.

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SECTION II
DISTRICT shall:

1. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA for PROJECT.

2. Within thirty (30) business days of receiving CITY's first invoice to DISTRICT, pay CITY for fifty percent (50%) of DESIGN CONTRIBUTION as set forth in Section I.2, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

3. Review the IMPROVEMENT PLANS in accordance with the applicable DISTRICT and CITY standards and approve IMPROVEMENT PLANS prior to advertising PROJECT for construction bids as set forth in Section I.3.

4. Within thirty (30) business days of receiving CITY's second invoice to DISTRICT, pay CITY for the remaining fifty percent (50%) of DESIGN CONTRIBUTION following the signing of IMPROVEMENT PLANS as set forth in Section I.4, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

5. Review, comment and make a determination, as appropriate, on all applications for REGULATORY PERMITS prior to CITY submitting the applications to the applicable regulatory agencies as set forth in Section I.5.

6. [INTENTIONALLY DELETED]

7. Within seven (7) calendar days following CITY's public works construction bid opening, review and approve or reject bids for construction of PROJECT. CITY shall follow State law and its Municipal Code related to public works contracts. DISTRICT may only reject bids found by DISTRICT to be unreasonably high. DISTRICT shall not unreasonably withhold approval of contract.

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8. [INTENTIONALLY DELETED]

9. Within thirty (30) business days of CITY awarding PROJECT construction contract, pay the Coachella Valley Conservation Commission for the costs associated with the Multiple Species Habitat Conservation Plan, which is either the lesser of (i) three percent (3%) of the lowest responsible bid price, or (ii) three percent (3%) of lowest responsible bid price less the value of applicable project-specific mitigation. This amount is separate and apart from the $3,800,000 PROJECT amount.

10. Within thirty (30) business days of receiving CITY's third invoice to DISTRICT, pay CITY for CONSTRUCTION CONTRIBUTION as set forth in Section I.15, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

11. Within thirty (30) business days of receiving CITY's fourth invoice to DISTRICT, pay CITY for the CONSTRUCTION ADMINISTRATION CONTRIBUTION as set forth in Section I.16, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT.

12. Upon receipt of CITY's Notice of Completion that PROJECT construction is substantially complete, conduct a final inspection of PROJECT.

13. Accept ownership and responsibility for the operation and maintenance of LINE C-1 once all of the following takes place: (i) DISTRICT's inspection of LINE C-1 in accordance with Section II.11., (ii) DISTRICT's acceptance of LINE C-1 construction as being complete, (iii) DISTRICT's receipt of CITY's recorded Notice of Completion as set forth in Section I.26., (iv) DISTRICT's receipt of appropriate engineering documentation as set forth in Section I.27., (v) DISTRICT's acceptance of all necessary rights of way, easements or grant deeds

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as set forth in Section I.28., and (vi) DISTRICT's receipt of policies of title insurance for the rights of way, easements or grant deeds as set forth in Section I.29.

SECTION III
It is further mutually agreed:

1. Notwithstanding any other provision herein this agreement TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Three Million Eight Hundred Thousand Dollars ($3,800,000) for PROJECT and shall be used by CITY solely for the purpose of the design and construction of said PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.

2. In the event the actual construction cost for PROJECT is less than CONSTRUCTION CONTRIBUTION, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.

3. In the event CITY's construction contractor does not complete the construction of PROJECT in accordance with DISTRICT standards, CITY shall complete the PROJECT utilizing the bonds and insurances secured for PROJECT.

4. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of LINE C-1, LINE C-1 shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, in the sole discretion of DISTRICT, LINE C1 is not in an acceptable condition, corrections will be made at sole expense of CITY.

5. DISTRICT, the County of Riverside, the State of California or any of their duly authorized representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. CITY agrees to maintain such records for possible audit for a minimum of three (3) years after final payment.

CITY agrees to allow the auditor(s) access to such records during normal business hours and to

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allow interviews of any employees who might reasonably have information related to such records.

6. CITY shall indemnify, defend and hold harmless, and require its construction contractor(s) to indemnify, defend and hold harmless, the Riverside County Flood Control and Water Conservation District, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as "Indemnitees") from any liability whatsoever, based or asserted upon any acts, omissions or services of CITY or CITY's construction contractor(s), its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including, but not limited to, property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of CITY or CITY's construction contractor(s), their officers, employees, subcontractors, agents or representatives ("Indemnitors") from this Agreement. CITY or CITY's construction contractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited to, attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

7. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT and the County of Riverside; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to Indemnitees as set forth herein.

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8. CITY's obligation hereunder shall be satisfied when CITY has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved.

9. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY's obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

10. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY from indemnifying the Indemnitees to the fullest extent allowed by law.

11. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

12. This Agreement is to be construed in accordance with the laws of the State of California.

13. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

14. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party. Any attempt to delegate or assign any interest herein shall be deemed void and of no effect.

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15. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

16. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF DESERT HOT SPRINGS AND WATER CONSERVATION DISTRICT 11-999 Palm Drive
1995 Market Street Desert Hot Springs, CA 92240
Riverside, CA 92501 Attn: Daniel Porras
Attn: Contracts Services Section

17. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

18. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or stopping DISTRICT or CITY from enforcing this Agreement.

19. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event that such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.

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20. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

21. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties, and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.

22. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this.

23. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17) for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature

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is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//

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IN WITNESS WHEREOF, the Parties hereto have executed this Cooperative Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

COUNTY COUNSEL

KECIA HARPER
Clerk of the Board
By
SARAH K. MOORE
Deputy County Counsel
By
Deputy
(SEAL)
Funding Agreement w/City of Desert Hot Springs
Desert Hot Springs MDP, Line C-1, Stage 1
03/29/22
RMU:blm

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RECOMMENDED FOR APPROVAL: CITY OF DESERT HOT SPRINGS
By

DANIEL PORRAS
Assistant City Manager
APPROVED AS TO FORM: ATTEST:

JENNIFER MIZRAHI
City Attorney
By

JERRYL SORIANO
City Clerk
(SEAL)
Funding Agreement w/City of Desert Hot Springs
Desert Hot Springs MDP, Line C-1, Stage 1
03/29/22
RMU:blm

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HACIENDAAVE

CALLE AMAPOLA

MCCARGER RD

DEODAR AVE
PANORA
M
A DR

AVENIDA LA VISTA

CATALPAAVE

REDBUD RD

CALLE CERRITO

BEECH AVE
VIA

DOMINGO

CALLE BLANCO

CALLE AZTECA

SKY RIDGE WAY

MOUNTAIN TOP CT

SCENIC CREST CIR

RIDGE CREST WAY

CLUB CIRCLE DR

ACACIAAVE

CALLE BONITA

AVENIDA SERENA

AVENIDA HERMOSA

BIRCH RD

CALLE LAS TIENDAS

SKYLINE DR

MONUMENT ST

AVENIDA ALTA LOMA

PROSPECT WAY

SUMMIT VIEW CT

VALLEY VIEW CT

ELM AVE

ALPINE CIR
PANO
RA
M
A
CT
Project No.:

Engineer:
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·|þ}371
·|þ}60
·|þ}79
·|þ}111
·|þ}91
·|þ}243
§¨¦ ·|þ}74
215
§¨¦15 §¨¦10
6 1 5
3 7
4 2
Date Created:

RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT DESERT HOT SPRINGS MDP LINE C-1 TH
03/28/2022
Description
0 300 600
Feet
.

Legend
LINE C-1 ALIGNMENT
City of DHS Basin
FCGIS.ASSESSOR.PARCELS
Project Location
6-8-00034-01
The project proposes to alleviate on-going
residential and street flooding from the
intersections of Deodar Avenue and
Redbud Road to Panorama and Calle
Amaposa, in the City of Desert Hot Springs.

The downstream alignment differs from the
MDP to outlet the City's existing basin. The
project consist of approximatly 4200 LF of
RCP (ranging in size from 48" - 60") and
modifications to the existing retention basin.

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EXHIBIT 1
A
Exhibit B
Cooperative Agreement
Desert Hot Springs MDP, Line C-1, Stage 1
Project No. 6-8-00034-01
MS 205

Page 1 of 4 ends

DISTRICT's Insurance Requirements is as follows:

Without limiting or diminishing CITY's obligation to indemnify or hold DISTRICT harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage’s during the term of this Agreement. As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If CITY has employees as defined by the State of California, CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If CITY's vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

Policy shall name the DISTRICT as Additional Insureds.

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Exhibit B
Cooperative Agreement
Desert Hot Springs MDP, Line C-1, Stage 1
Project No. 6-8-00034-01
MS 205

Page 2 of 4 ends

D. Professional Liability:

CITY shall cause any architect or engineer retained by CITY in connection with the performance of CITY's obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. CITY shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.

E. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The CITY must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, CITY's carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and

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Exhibit B
Cooperative Agreement
Desert Hot Springs MDP, Line C-1, Stage 1
Project No. 6-8-00034-01
MS 205

Page 3 of 4 ends

related investigations, claims administration, and defense costs and expenses.
c. CITY shall cause their insurance carrier(s) or its contractor's insurance carrier(s), to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CITY insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY shall cause CITY's insurance carrier(s) to furnish a 30 day Notice of Cancellation Endorsement.
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.
e. It is understood and agreed by the parties hereto that CITY's insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes,

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Exhibit B
Cooperative Agreement
Desert Hot Springs MDP, Line C-1, Stage 1
Project No. 6-8-00034-01
MS 205

Page 4 of 4 ends

etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY has become inadequate.
g. CITY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.
i. CITY agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

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RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT DESERT HOT SPRINGS MDP LINE C-1 TH
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EXHIBIT 1
A

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SR-22-082
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 19, 2022
Department: Police Department
Prepared by: Steven Shaw, Deputy Police Chief
Subject: State Homeland Security Grant Program
RECOMMENDATION:

BACKGROUND:

On February 17, 2022, the California Office of Emergency Services (CalOES) approved Riverside County's FY21 State Homeland Security Program Grant (SHSP).

DISCUSSION:

The Fiscal Year (FY) 2021 Homeland Security Grant Program (HSGP) is one of three grant programs that constitute the Department of Homeland Security/FEMA focus on enhancing the ability of state, local, tribal, and territorial governments, as well as nonprofits, to prevent, protect against, respond to, and recover from terrorist attacks. These grant programs are part of a comprehensive set of measures authorized by Congress and implemented by the Department of Homeland Security to help strengthen the Nation’s communities against potential terrorist attacks.

In FY 2021, there were three components of HSGP:
1) State Homeland Security Program (SHSP)
2) Urban Area Security Initiative (UASI)
3) Operation Stonegarden (OPSG)
The State Homeland Security Program assists state, local, tribal, and territorial efforts to build, sustain, and deliver the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism.

The Desert Hot Springs Police Department has been awarded $83,694.00 from the FY21 State Homeland Security Program Grant, Grant Award #2021-0081. These funds were awarded specifically for the improvement of interoperable communications of Riverside County law enforcement agencies.

Grant funds will be used to purchase nine (9) PSEC combatable radios that will allow direct radio

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SR-22-082
communication with all Riverside County law enforcement agencies. The grant cycle for this grant will end on May 31, 2023.

FISCAL IMPACT:

The Desert Hot Springs Police Department will be reimbursed up to $83,694.00 from the FY21 State Homeland Security Program Grant for the purchase of mobile radios. The State Homeland Security Program Grant does not require a match of funds.

ATTACHMENTS:

Exhibit 1 - FY 2021 HSGP Standard Assurances
Exhibit 2 - Radio Quote

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FY21 Standard Assurances
Federal Grant Programs
2021 SHSP Standard Assurances Page 1 of 15 Initials
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness GrantsManual;
(d) California Supplement to the NOFO;
(e) Federal and State Grant Program Guidelines; and
(f) Riverside County Supplement to the NOFO.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

Significant state and federal grant award requirements (some of which appear in the documents listed above) are set forth below. The Applicant hereby agrees tocomply with the following:

1. Proof of Authority
The Applicant will obtain written authorization from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body; and
(d) The official executing this agreement is, in fact, authorized to do so.

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2021 SHSP Standard Assurances Page 2 of 15 Initials
This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The Applicant will initiate work after approval of the award and complete all work within the period of performance specified in the grant.

3. Lobbying and PoliticalActivities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperativeagreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with itsinstructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

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Federal Grant Programs
2021 SHSP Standard Assurances Page 3 of 15 Initials
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the awarding agency.

4. Debarment andSuspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.213 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government.

The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department oragency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal EmploymentOpportunity
The Applicant will comply with all federal statutes relating to non-discrimination.

These include, but are not limited to, the following:

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Federal Grant Programs
2021 SHSP Standard Assurances Page 4 of 15 Initials
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program oractivity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs;
(d) Americans with Disabilities Act (ADA) of 1990, which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs (42 U.S.C. §§ 12101- 12213);
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis ofage;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or nationalorigin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of governmentcontractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;

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Federal Grant Programs
2021 SHSP Standard Assurances Page 5 of 15 Initials
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(l) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made;and
(m) The requirements of any other nondiscrimination statute(s) which may apply to the application.

In addition to the items listed in (a) through (m), the Applicant will comply with California’s Fair Employment and Housing Act (FEHA). FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code §§12940, 12945, 12945.2), military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.

6. Drug-FreeWorkplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, which may be prescribed pursuant to the following, as applicable:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surfacewaters;

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Federal Grant Programs
2021 SHSP Standard Assurances Page 6 of 15 Initials
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands; (i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.);
(m)Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic riverssystem.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

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Federal Grant Programs
2021 SHSP Standard Assurances Page 7 of 15 Initials

8. Audits
For subrecipients expending $750,000 or more in combined federal grant funds annually, the Applicant will be required to submit financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Access to Records
In accordance with 2 C.F.R. § 200.336, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with thisprovision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $25,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information. The Applicant is required to report to Riverside County Operational Area (RivCO OA) the progress of their funded programs on a quarterly basis (January 1, April 1, July 1, October 1).

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower

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Federal Grant Programs
2021 SHSP Standard Assurances Page 8 of 15 Initials
protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program

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Federal Grant Programs
2021 SHSP Standard Assurances Page 9 of 15 Initials
and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving is Prohibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

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20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM (HSGP) –

PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS

21. Reporting Accusations and Findings of Discrimination If during the past three years the recipient has been accused of discrimination on any basis the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS Financial Assistance Office and the DHS Office for Civil Rights and Civil Liberties (CRCL) by e-mail at [email protected] or by mail at U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties, Building 410, Mail Stop #0190, Washington, D.C. 20528.

In the courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or the recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Financial Assistance Office and the CRCL by e-mail or mail at the addresses listed above.

The United States has the right to seek judicial enforcement of these obligations.

22. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

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23. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

24. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

25. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistanceawards.

26. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

27. Energy Policy and ConservationAct
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

28. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

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29. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

30. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

31. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through nonfederal sources.

32. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L.

No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

33. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

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FY21 Standard Assurances
Federal Grant Programs
2021 SHSP Standard Assurances Page 13 of 15 Initials

34. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

35. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

36. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

37. Use of DHS Seal, Logo, andFlags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

38. Loss of funding
Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if RivCo OA or the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as notedabove.

RivCo OA may reduce, suspend or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend funding.
• Failure to expend at least 90% of award could affect future funding.

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FY21 Standard Assurances
Federal Grant Programs
2021 SHSP Standard Assurances Page 14 of 15 Initials
• Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to comply with the required Nationwide Cybersecurity Review (NCSR) process • Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

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FY21 Standard Assurances
Federal Grant Programs
2021 SHSP Standard Assurances Page 15 of 15 Initials

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.

The Applicant recognizes and agrees that financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for RivCO OA, Cal OES or public scrutiny upon request.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2018, Version 8 .1, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature of Authorized Agent:

Printed Name of Authorized Agent:

Title: Date:

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SR-22-093
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 19, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: April 5, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - April 5, 2022

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City of Desert Hot Springs

DRAFT 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.

Riverside County Emergency Management Department (EMD)

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City Council
April 5, 2022
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.

Moved by Council Member Betts

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City Council
April 5, 2022
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-22-090
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: April 19, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of "An Ordinance 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" RECOMMENDATION:

Approve second reading, read by title only and adopt: "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 Desert Hot Springs Municipal Code to provide for City Council Election Districts."
BACKGROUND:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on April 5, 2022.

The Ordinance shall be effective as provided by law.

ATTACHMENTS:

Exhibit 1 - Staff Report from April 5, 2022
Exhibit 2 - Draft Ordinance
Exhibit 3 - Final District Map (Exhibit A to Ordinance)

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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 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.

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 1.1, 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 1.1, 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 1 and 3 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 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

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term of each Councilmember, 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 19th 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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EXHIBIT A
Map of Council Districts

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City of

DESERT HOT SPRINGS
2022 Council District Boundaries

FINAL MAP
April 19, 2022

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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 2022 Council Districts
2020 Census State Adjusted Population 2020 Census
Unadjusted
Population
2020 Census State Adjusted Voting Age Population 2019 Tabulation Citizen Voting Age Population April 19, 2022
8

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Desert Hot Springs City CouncilApril 19, 2022

Desert Hot Springs City Council
April 19, 2022