Desert Hot Springs City Council
May 3, 2022

City of Desert Hot Springs

ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, May 3, 2022
Council Chambers
PRESENTATIONS - 5:15 P.M.

Proclamation for "Building Safety Month"
Mayor Matas and the City Council presented a Proclamation for Building Safety Month to the Community Development Department.

Introduction and Swearing-In of New Police Officer and Promotion Announcement
Jim Henson, Chief of Police
Jim Henson, Chief of Police, introduced new Police Officer Gustavo Ramirez.

Jerryl Soriano, City Clerk, administered the Oath.

Jim Henson, Chief of Police, announced that Police Officer Anthony Johnston was promoted to Sergeant.

Officer Appreciation Presented By Veterans of Foreign Wars Post 1534 Fred Warzecha, VFW Post 1534 Commander, and Jeff Cole, incoming Post Commander, presented Certificates of Recognition to Police Officer Paulina Toscano, and Detective Sergeant Christopher Saucier.

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

City Council
May 3, 2022

INVOCATION
Pastor James Baylark gave the Invocation.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Gardner led the Pledge of Allegiance.

APPROVAL OF AGENDA
ACTION: Approve the May 3, 2022 Regular Meeting Agenda and approve the Consent Calendar in its entirety.

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

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

PUBLIC COMMENTS
1) Loren Anderson expressed concerns regarding traffic safety around schools. 2) Chuck Parker distributed and discussed materials from the Salton Sea Coalition. 3) Feliz Nuñez spoke regarding the Salton Sea.
4) Ken Romanick spoke regarding mobile home park jurisdiction.

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.

City Council
May 3, 2022
PUBLIC HEARINGS:

1. Ordinance Adding a Definition for Sustainable Housing and Carports Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council
3) Open Public Hearing;
4) Take public testimony from those favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Introduce for First Reading and read by title only the attached Ordinance: “An Ordinance of the City Council of the City of Desert Hot Springs 1) Amending Section 17.04.050 “Definitions” to Add a Definition for Sustainable Housing; 2) Amending Section 17.48.040 “Number of Parking Spaces Required” for Newly Constructed Single-Family Dwellings Located Within a Registered Homeowner’s Association; and 3) Amending Table 17.48.060 to Add Attached Carports for Sustainable New Single-Family Residential Developments.”
Staff Report - SR-22-103 - Pdf
Erick Becerril, Community Development Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation amending the ordinance to reflect that carport layouts shall not be tandem.

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

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

2. Applications to Operate Fireworks Stands (TNT Fireworks, Michael Casserly, FW 22-1 Through FW 22-5)
Recommendation:

The Fireworks Committee is recommending that the City Council make an exception to the Ordinance permit limit and approve all five (5) applications.

City Council
May 3, 2022
Staff Report - SR-22-095 - Pdf
Daniel McVey, Assistant Planner, presented the staff report and responded to questions.

A discussion ensued regarding concerns raised over the 12425 Palm Drive location.

ACTION: Approve Staff recommendation.

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

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

3. Resolution Listing Projects to be Funded by Senate Bill 1 for Fiscal Year 2022-2023
Recommendation:

Adopt a Resolution of the City Council listing projects to be funded in Fiscal Year 2022-2023 by Senate Bill 1 (SB1) – Road Maintenance Rehabilitation Account (RMRA) Funds with an estimated amount of $1,269,905.

Staff Report - SR-22-101 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-011.

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

4. Mountain View Resurfacing Agreement
Recommendation:

Authorize the City Manager to execute the service agreement between the City and the County for the completion of the Mountain View Road Roadway Improvements.

Staff Report - SR-22-100 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

Moved by Council Member Betts

City Council
May 3, 2022
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:

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

5. City Council Meeting Schedule for Summer/Winter 2022 Recommendation:

Approve the proposed City Council Meeting Schedule for Summer/Winter 2022.

Staff Report - SR-22-099 - Pdf
Jerryl Soriano, City Clerk, presented the staff report.

ACTION: Approve Staff recommendation.

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
CONSENT CALENDAR:

6. City Council Regular Meeting Minutes: April 19, 2022 Staff Report - SR-22-105 - Pdf
ACTION: Approved the Minutes as presented.

7. Second Reading and Adoption of "An Ordinance of the City Council of the City of Desert Hot Springs, California, Adopting a Military Equipment Policy Pursuant to Assembly Bill 481."
Staff Report - SR-22-098 - Pdf
ACTION: Adopted Ordinance No. 755: "An Ordinance of the City Council of the City of Desert Hot Springs, California, adopting a military equipment policy pursuant to Assembly Bill 481."

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 7:14 P.M.

Jerryl Soriano, CMC, City Clerk

SR-22-103
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 3, 2022
Department: Community Development
Prepared by: Erick Becerril, Community Development Director Subject: Ordinance Adding a Definition for Sustainable Housing and Carports RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council
3) Open Public Hearing;
4) Take public testimony from those favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Introduce for First Reading and read by title only the attached Ordinance: “An Ordinance of the City Council of the City of Desert Hot Springs 1) Amending Section 17.04.050 “Definitions” to Add a Definition for Sustainable Housing; 2) Amending Section 17.48.040 “Number of Parking Spaces Required” for Newly Constructed Single-Family Dwellings Located Within a Registered Homeowner’s Association; and 3) Amending Table 17.48.060 to Add Attached Carports for Sustainable New SingleFamily Residential Developments.” BACKGROUND:

The California Department of Housing and Community Development (HCD) has adopted several initiatives set forth in creating a more inclusive housing market along with the emphasis on sustainability. The Assembly Bill No. 686 (AB 686) was approved September 30, 2018, and includes information regarding Affirmatively Furthering Fair Housing (AFFH) which requires public agencies to implement programs and activities that affirmatively further housing in a sustainable manner. The City of Desert Hot Springs General Plan includes “Appendix A: Implementation” intended to provide programs and strategies needed to pursue the goals and policies of the General Plan. The implementation measures are intended to be updated more frequently than the rest of the General Plan by adding and modifying actions due to changing social, economic, and environmental conditions.

DISCUSSION:

The City of Desert Hot Springs is proposing to amend Title 17 of the DHSMC by adding the definition of sustainable housing along with establishing parameters that lower barriers and costs associated with

SR-22-103
the development of a single-family residence. In essence, the proposed Ordinance allows newlyconstructed sustainable single family residences subject to a registered HOA, the allowance of adding a carport, in lieu of an enclosed garage. In addition, this ordinance addresses required parking spaces for sustainable single-family housing developments. This amendment will allow for the city to address some barriers found in our 6th Cycle Housing Element which require the city to establish programs that remove governmental constraints placed on development of housing for all income levels. The installation of a carport in lieu of a garage will serve as one such incentive to develop sustainable housing communities by incorporating alternative green building practices.

The Planning Commission held a Public Hearing on April 12, 2022 and recommended that the City Council approve the Ordinance.

FISCAL IMPACT:

None
ENVIRONMENTAL ANALYSIS:

The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.

ATTACHMENTS:

Exhibit 1 - Ordinance - Sustainable Housing Definition and Carports

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS 1) AMENDING SECTION 17.04.050 “DEFINITIONS” TO ADD A DEFINITION FOR SUSTAINABLE HOUSING; 2) AMENDING
SECTION 17.48.040 “NUMBER OF PARKING SPACES REQUIRED”

FOR NEWLY CONSTRUCTED SINGLE-FAMILY DWELLINGS
LOCATED WITHIN A REGISTERED HOMEOWNER’S ASSOCIATION;
AND 3) AMENDING TABLE 17.48.060 TO ADD ATTACHED

CARPORTS FOR SUSTAINABLE NEW SINGLE-FAMILY RESIDENTIAL
DEVELOPMENTS.

WHEREAS, the City is a charter City; and
WHEREAS, after a duly noticed public hearing, on May 26, 2020, the City Council adopted and approved a General Plan Update and an amendment to the General Plan Land Use Map to update the General Plan and re-designate several properties in the City, GPA 20-1 (the “General Plan Amendment”); and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Public Resources Code Sections 21000, et seq., and its implementing regulations, California Code of Regulations Section 15000, et seq., (“CEQA Guidelines”), the City, acting as Lead Agency, reviewed and certified a draft Environmental Impact Report (State Clearinghouse number 2019080101) prepared for the proposed General Plan Amendment and determined that, following the implementation of certain mitigated measures; and
WHEREAS, the City adopted and approved, pursuant to the CEQA Guidelines Section 15093, the Statement of Overriding Considerations; and WHEREAS, therefore, CEQA analysis has already been performed for this Ordinance; and
WHEREAS, pursuant to Section 15162(a) of the CEQA Guidelines, once an EIR has been certified, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review; and WHEREAS, for this Ordinance, there are no substantial changes in the environmental impacts; and
WHEREAS, the General Plan Amendment was and is a comprehensive planning document, and mentions sustainably policies in Table A3 Measure B of Appendix A, implementation the Land Use and Community Design Element of the General plan; and WHEREAS, this proposed Ordinance will 1) add a definition for sustainable housing to Section 17.040.050, 2) amend Section 17.48.040 “Number of Parking Spaces Required” of the Desert Hot Springs Municipal Code related to newly constructed single-family dwellings located within a registered Homeowner’s Association, and 3) amend Table 17.48.060 to add attached 2-car carports as an allowed use for sustainable new single-family residential development that include the

establishment of a new Homeowners Associations, (HOA’s), and introduce a definition for sustainable housing; and
WHEREAS, this proposed Ordinance encourages new sustainable single-family residential developments by reducing the cost of garages and allowing carports where applicable; and
WHEREAS, the proposed Ordinance recognizes that sustainable developments is a trend that is being recognized nationwide and that new sustainable single-family residential development with an attached two-car carport that is compatible with the architecture of new single-family residential is a desired non-traditional construction method; and
WHEREAS, encouraging sustainable new single-family residential developments with an attached two-car carport that is compatible with the architecture of new singlefamily residential will lower our carbon footprint compared to traditional single-family residential development, and a definition for sustainable housing is introduced; and WHEREAS, a duly public hearing was held on April 12th, 2022, before the Planning Commission, at which it received public testimony, reviewed and considered all testimony and materials made available to it regarding this proposed Ordinance; and WHEREAS, after the public hearing, the Planning Commission recommended that the City Council adopt this Ordinance; and
WHEREAS, a duly public hearing was held on May 3, 2022, before the City Council, at which it received public testimony, reviewed and considered all testimony and materials made available to it regarding this proposed Ordinance; and WHEREAS, having reviewed and considered all testimony and materials made available to the city, including but not limited to all environmental documents and reports, the staff reports, and all the testimony and evidence in the record of the proceedings with respect to the proposed Ordinance, the City adopted this Ordinance.

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. AMENDING SECTION 17.04.050 “DEFINITIONS”,
INTRODUCING A DEFINITION FOR SUSTAINABLE HOUSING.

Section17.04.050 (“Definitions”), and Section 17.48.040 (“Number of parking spaces required”) of Title 17 (“Zoning”) is hereby amended only as to the following definitions:

Sustainable Single Family Housing Development shall mean a development of two or more houses, newly constructed subject to a Homeowner’s Association registered with the Department of Real Estate and such homes must be built using green building materials, and in addition, shall include one or more of the following: 1) energy efficient materials, 2) water efficient measures, 3) Leadership in Energy and Environmental Design (“LEED”) certified building methods, or 4) green building certification.

Section 3. TABLE 17.48.040 – PERMITTED USES- RESIDENTIAL

DISTRICTS
Table 17.48.040 for residential uses shall be amended, only in part, to read as follows:

TABLE 17.48.040
PERMITTED USES – RESIDENTIAL DISTRICTS

17.48.040 Number of parking spaces required.

USE NUMBER OF REQUIRED SPACES
Residential Uses
Mobile home parks 2 covered spaces within an enclosed garage, which may be tandem, and 1 uncovered guest
space for each unit
Multifamily residential
Studio and 1 bedroom
2 bedrooms
3 or more bedrooms

1.5 covered and 1 uncovered guest space for
every 5 units
2 covered and 1 uncovered guest space for
every 5 units

2.5 covered and 1 uncovered guest space for 5
units
Planned residential
developments, including singlefamily dwellings and
condominiums
2 covered spaces within an enclosed garage
and 1 uncovered off- street guest parking space
for every 5 units
Residential day care 2 spaces in addition to those required for primary residence
Senior citizen apartments 1 covered space for each unit, plus 1 uncovered space for 5 units for guest parking
Senior congregate care 0.75 covered space for each unit

Single-family dwellings For new construction, 2 spaces within an enclosed garage.

Sustainable newlyconstructed single-family
residential development that
is within a registered
Homeowners Association,
(HOA)
2 spaces.

Attached 2-car carport is allowed. Carport
must be architecturally compatible with the
main structure.

Section. 4. TABLE 17.48.060 – DESIGN STANDARDS
Table 17.48.060 shall be amended, in part, to read as follows:

17.48.060 Design standards.

Off-street parking areas shall be provided in the following manner:

E. Driveways.

1. Commercial/Industrial/Multiple-Family Residential. Driveways providing ingress and egress to off-street parking spaces shall be a minimum width of 15 feet for a 1-way driveway and 24 feet for a 2-way driveway. City design specifications may require different standards which supersede these standards.

2. Single-Family Residential.
a. Attached Garage.
i. Driveways for an attached 2-car garage shall have a minimum width of 18 feet and minimum length of 24 feet measured from inside the sidewalk or apron to the front of the garage. All minimum setbacks shall also be met.
ii. Driveways for an attached 3-car garage shall have a minimum width of 24 feet and a minimum length of 24 feet measured from inside the sidewalk or apron to the front of the garage. All minimum setbacks shall also be met.
b. Detached Garage.
i. Driveways for a detached 2-car garage shall be minimum width of 10 feet with a minimum 18 feet wide by 24 feet deep back-up area immediately adjacent to the garage door.

ii. Driveways for a detached 3-car garage shall be a minimum width of 12 feet with a minimum 24 feet wide by 24 feet deep back-up area immediately adjacent to the garage door.

3. Attached 2-car carport
a. Attached 2-car carport.
i. Driveways for an attached 2-car carport shall have a minimum width of 18 feet and minimum length of 20 feet measured from the front property line to the front of the garage or 2-car carport. All minimum setbacks shall also be met.
(Architectural design elements for proposed 2-car carports will be permitted to encroach into the front building setback to a maximum of 4 feet provided that the driveway accommodates for parking of a minimum of two vehicles).
ii. Detached 2-car carports within new sustainable single-family residential developments shall not be permitted.

Section 5. 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 6. GENERAL PLAN CONSISTENCY FINDINGS
The City Council finds this amendment is consistent and compatible with the General Plan.

Section 7. GENERAL FINDINGS
In addition to the findings in the recitals, the City Council finds this Ordinance is not detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 8. 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 9. 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 10. EFFECTIVE DATE
That this ordinance shall be effective thirty days after the second reading of the ordinance.

Section 11. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

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

SR-22-095
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 3, 2022
Department: Community Development
Prepared by: Daniel McVey, Assistant Planner
Subject: Applications to Operate Fireworks Stands (TNT Fireworks, Michael Casserly, FW 22-1 Through FW 22-5)
RECOMMENDATION:

The Fireworks Committee is recommending that the City Council make an exception to the Ordinance permit limit and approve all five (5) applications.

BACKGROUND:

Below is a summary outline of the process for issuance of Fireworks Permits per Desert Hot Springs Municipal Code Chapter 8.28:
• No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received the following permits: Fireworks Program Permit and Fireworks Safety Permit.
• Fireworks Permit applications may be submitted to the City during the period of March 30th, 2022 to April 6th, 2022.
• A “Fireworks Committee” consisting of one representative from the Fire Department, one representative from the City’s Finance Department and one representative from the City Manager’s office shall review all applications and make a recommendation to the City Council. • City Council may issue up to four permits per calendar year.

DISCUSSION:

All applications were reviewed by the Fireworks Committee consisting of one representative from the Fire Department, one representative from the City’s Finance Department, one representative from the City Manager’s Office, and one representative from the City’s Planning Department. Based on the Committee review all five (5) applications were determined to meet all submittal requirements, all safety requirements, and all applicable permit requirements.

The applicant, TNT Fireworks, has indicated to staff that they would like to request that the City Council make an exception and approve all five (5) applications.

The remaining four (4) applications have met all requirements per the Desert Hot Springs Municipal Code, as conditioned, and the Committee is recommending that the City Council approve all five (5) Fireworks Permit applications as submitted for the sale of safe and sane fireworks.

SR-22-095
Below is the list of the applications with the corresponding non-profit organization and the location. The applications are also shown in Exhibits 1-5.

Application Number Non-profit
Organization
Fireworks Stand
Location
Approved by
Committee
FW 22-1 DHS Eagles Football 13200 Palm Drive Yes
FW 22-2 DHS Little League 14200 Palm Drive Yes
FW 22-3 Lily of the Valley
Worship Center 65945 Pierson Blvd. Yes
FW 22-4 DHS Lady Eagles
Basketball 12425 Palm Drive Yes
FW 22-5 DHS Football Booster
Club 14677 Palm Drive Yes
FISCAL IMPACT:

Permit Fees have been paid by each applicant. Any applicant that is rejected by the City Council shall be entitled to a full refund of the Fireworks Program Permit and the Fireworks Safety Permit fees.

ATTACHMENTS:

Exhibit 1 - FW 22-1 Application (DHS Eagles Football)
Exhibit 2 - FW 22-2 Application (DHS Little League)
Exhibit 3 - FW 22-3 Application (Lily of the Valley Worship Center) Exhibit 4 - FW 22-4 Application (DHS Lady Eagles Basketball) Exhibit 5 - FW 22-5 Application (DHS Football Booster Club) Exhibit 6 - Draft Conditions of Approval FW 22-1 through FW 22-5

TNT FIREWORKS

SALES ASSOCIATE CITY
LOCATION# ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

ADDRESS

INTERSECTION
THOMAS GUIDE — COUNTY PAGE GRID

SPECIAL INSTRUCTIONS

DESERT HOT SPRINGS
DHS0008
MIKE
6/24
8X32
13200 PALM DR (STATER BROS)
RIV

DHS EAGLES FOOTBALL
696 J5
7/8
OPM 1 0

SEC PALM DR & HACIENDA AVE

STAND FACES STREET, SET BACK OF STAND AT

END OF THE PARKING LINES
OPM
STAND
INSPECTION DATE 6/28

TNT FIREWORKS

SALES ASSOCIATE CITY
LOCATION# ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

ADDRESS

INTERSECTION
THOMAS GUIDE — COUNTY PAGE GRID

SPECIAL INSTRUCTIONS

DESERT HOT SPRINGS
DHS0011
MIKE
6/20
6X32
14200 PALM DR (VONS)
RIV

DHS LITTLE LEAGUE
696 J6
7/8
OPM 1 0

SEC PALM DR & TWO BUNCH PALMS TRL

STAND FACES NORTH, SET BACK OF STAND UP

AGAINST PARKING STALL PLANTER, CENTER

THE STAND IN THE PARKING STALLS
OPM
STAND
INSPECTION DATE 6/28

TNT FIREWORKS

SALES ASSOCIATE CITY
LOCATION# ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

ADDRESS

INTERSECTION
THOMAS GUIDE — COUNTY PAGE GRID

SPECIAL INSTRUCTIONS

DESERT HOT SPRINGS
DHS0003
MIKE
6/21
6X32
65945 PIERSON BLVD (STRIP CENTER)
RIV

LILY OF THE VALLEY
696 H4
7/10
OPM 0 0

W OF SWC WEST DR & PIERSON BLVD

SET BACK OF STAND AT END OF PARKING LINES,
SET STAND IN MIDDLE OF THE PARKING SECTION, SET FRONT OF STAND 11’ FROM PLANTER OPM
INSPECTION DATE 6/28
STAND
11’ 25’

TNT FIREWORKS INSPECTION DATE
STAND# PLUG SIDE, WHEN LOOKING OUT FROM STAND:

SALES LOC# CITY

ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

DESCRIPTION/ADDRESS

INTERSECTION

SPECIAL INSTRUCTIONS
SETBACKS: CURB SIDEWALK BUILDINGS

MC DHS1242 DESERT HOT SPRINGS

DESERT HOT SPRINGS LADY EAGLES BASKETBALL

SWC PALM DR & CAHUILLA AVE
12425 PALM DR (DESERT TIRES)
6X32 OPM YES 0
6/21 7/11 OPM
STAND FACES STREET, SET BACK OF STAND 2 FEET

BEHIND END OF PARKING LINES

6/28
25’ 25’ STAND
25’
25’

TNT FIREWORKS INSPECTION DATE
STAND# PLUG SIDE, WHEN LOOKING OUT FROM STAND:

SALES LOC# CITY

ORGANIZATION

SIZE TYPE BACK DOORS A-FRAMES

SET-UP DOWN DATE LIGHTS

DESCRIPTION/ADDRESS

INTERSECTION

SPECIAL INSTRUCTIONS
SETBACKS: CURB SIDEWALK BUILDINGS

MC DHS1467 DESERT HOT SPRINGS

DESERT HOT SPRINGS FOOTBALL BOOSTER CLUB

PALM DR & PARK LN
14677 PALM DR (GROCERY OUTLET)
6X32 OPM YES 0
6/21 7/10 OPM

STAND FACES STREET, SET BACK OF STAND AT END

OF PARKING LINES

6/28
25’ 25’ STAND

1 DRAFT CONDITIONS OF APPROVAL
MEETING DATE: May 3rd, 2022
TITLE: Fireworks Permits
CASE NO’s: FW 22-1, FW 22-2, FW 22-3, FW 22-4, & FW 22-5 PREPARED BY: Daniel McVey, Assistant Planner
REVIEWED BY: Erick Becerril, Community Development Director Standard Conditions

1. Each fireworks stand shall post the City Notice/State Notice stating the fines for unlawful use of fireworks.

Administrative Conditions

2. Applicant/Developer shall indemnify, protect, hold harmless and defend, with counsel selected by the City, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings, including those involving environmental issues, against the City to attack, set aside, void, annul, and/or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the entitlement application. City shall promptly notify both the Applicant/Developer and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves its right to take any and all action the City deems to be in the best interest of the City and its citizens in regard to such defense.

3. All development on the Project Site shall be in compliance with all applicable provisions of the City’s Municipal Code as well as all applicable provisions of the adopted Building and Fire Codes.

4. The development of the Project on the Project Site shall be in substantial compliance with the exhibits contained in the project file, as shown in all Exhibits attached hereto and incorporated herein by this reference.

5. Within fifteen (15) days of final approval (expiration of the appeal period) by the City

2 Council, the Applicant/Developer shall submit in writing, a statement indicating that he/she has read and agrees to the conditions imposed herein. This approval shall become void, and any privilege, permit, or other authorization granted under these entitlements if compliance with this condition has not been undertaken within the specified time limits.

Cal Fire Law Enforcement Division Conditions

6. The provisions and requirements within Desert Hot Springs Municipal Code Fireworks Chapter 8.28 and in addition to any applicable state laws shall remain in effect at all times. Any violation of this chapter by the holder of fireworks permits issued pursuant to this chapter shall constitute grounds for modification, suspension and/or revocation of said permits and may result in an administrative citations and fees by law enforcement personnel.

7. In an effort to better serve you and help to prevent any potential fire hazards the following information is provided of the most common fire code violations.

8. City Business License, State Fire Marshal Permit and Riverside County Fire Department Permit shall be posted in a prominent location and kept onsite at all times.

9. All Safe & Sane Fireworks for sale shall have appropriate State Fire Marshal (SFM) Safe and Sane Seal stamps.

10. A minimum of at least two exits, each 30 inches in width shall be operable and clear at all times.

11. Booth shall be located at least 25 feet from any other structure or property line of adjoining land, 100 feet of any fuel dispensing operations and minimum setback from any public sidewalk shall be 10 feet.

12. Booth floor area does not exceed 400 square feet and shall be constructed of metal.

13. A minimum of at least two (2) water base fire extinguishers shall be accessible and readily available at all times. Current service tags by a state licensed fire extinguisher company shall be affixed indicating current annual service maintenance intervals.

14. There shall be at least one adult present in the fireworks booth who is 21 years of age or over, during hours of retail sales. No person under 18 years of age shall sell fireworks at a fireworks booth.

3 15. Smoking shall be prohibited inside the fireworks booth, nor within 10 feet thereof.

No alcoholic beverages shall be allowed on the premises.

16. All weeds and combustible material shall be cleared from the location of the booth including a distance of at least 25 feet surrounding the booth.

17. Signs stating, “NO SMOKING” and “NO SALES TO ANYONE UNDER EIGHTEEN (18) YEARS OF AGE,” must be posted in a conspicuous place.

Consideration of prominent language translation is recommended.

18. If a portable power generator is utilized, it shall be isolated to prevent public access. No combustible material shall be stored/placed within 25 feet of the portable generator.

19. Flammable/combustible liquids shall not be stored within 25 feet of an ignition source. Only approved and listed safety cans shall be utilized.

20. Fire Department access shall be maintained at all times and to not hinder any emergency response procedures and tactics.

21. Electrical wiring shall be maintained in good working condition without splices, deterioration or damage. Wiring shall be in accordance with the National Electrical Code (NEC), and Underwriters Laboratory (UL) listed for outdoor use.

22. Storage shall be kept neat and orderly at all times. Empty boxes, trash, debris, litter, refuse etc. shall be removed and disposed of immediately.

23. A Fire inspection will be conducted prior to opening and may be subjected to random inspections without notice throughout the sales and operations permitted period.

24. Review of these conditions does not authorize or approve any omission or deviation from all applicable regulations. All questions regarding the meaning of these code requirements should be referred to Riverside County Fire Department Office of the Fire Marshal at 760-863-8886.

Code Compliance Conditions

25. Seizure of fireworks: The Fire Chief or designee shall seize, take, remove or cause to be removed and destroy, at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored, or held in violation of these conditions of approval or Health & Safety Code.

26. Per Title 8, Chapter 8.28 of the Desert Hot Springs Municipal Code, any violation of the chapter by the holder of fireworks permits issued pursuant to this chapter

4 shall constitute grounds for modification, suspension and/or revocation of said permits.

27. Per Title 8, Chapter 8.28 of the Desert Hot Springs Municipal Code, any organization whose fireworks permits are revoked shall not be eligible for issuance of fireworks permits the following year.

28. It is unlawful to sell or permit to be sold safe and sane fireworks prior to 12:00 p.m. on the 28th day of June and after 10:00 p.m. on the 4th day of July.

29. After the 28th day of June, daily hours of operation for sales will be permitted from 8:00 a.m. to 10:00 p.m.

30. No person other than the permitted organization or joint venture shall operate a fireworks stand for which fireworks permits have been issued or share or otherwise participate in the profits of the operation of such fireworks stand.

31. No person shall be paid any consideration for selling or otherwise participating in the sale of safe and sane fireworks at a fireworks stand.

32. No person under the age of 18 years shall be allowed to purchase or sell safe and sane fireworks.

33. The only persons permitted to remain in a fireworks stand and/or to sell or offer to sell safe and sane fireworks from within the fireworks stand shall be adult members of the permitted organization or joint venture organizations, or the parent, spouse or adult children of such members.

34. All retail sales of safe and sane fireworks shall be permitted only from within the fireworks stand for which fireworks permits have been issued. Sales from any other building or structure are prohibited.

35. No person shall sell or offer to sell safe and sane fireworks to any person who is reasonably observed or known to be under the influence of drugs or alcohol.

Planning Department Conditions

36. The applicant/operator shall comply with Sections 8.28.010-180 of the DHSMC at all times.

37. Each application shall be accompanied by a filing fee totaling $990.00 ($840.00 for a firework program permit fee and $150.00 for a firework safety permit fee) to defray the City’s costs of providing public safety services; and a refundable cash deposit, certificate of deposit or a surety bond in the amount of $150.00 made payable to the

5 City to assure compliance with the Ordinance in regard to the removal of the firework stands and clean-up of the site.

38. Once issued, permits shall not be transferable, assignable or renewable. Any permit issued shall be valid only for the dates and location specified in the permit. Only one temporary fireworks stand may be operated by each permittee.

39. The applicant must be insured for the minimum coverage amounts of $1,000,000/$1,000,000 for potential public liability and property damage in connection with the operation of the temporary fireworks stand. The City must be named as an additionally insured under the insurance policy.

40. Each permittee is required to obtain a State Board of Equalization Permit.

41. Each organization must be issued a license from the State Fire Marshal pursuant to Health and Safety Code Section 12500, et seq.

42. Each organization must be a nonprofit association or corporation organized primarily for veteran, youth, patriotic, welfare, civic betterment, or charitable purposes.

43. Each organization must have its principal and permanent meeting place within the territorial limits of the city, must have been organized and established for a minimum of one year continuously preceding the filing of the application for the retail sales permit, and must have a bona fide membership of at least 20 members, the majority of whom reside in the city.

44. Failure to meet any of the requirements will result in revocation of the application permit.

45. Each of the selected permittees must submit to the Desert Hot Springs Fire Chief or designee a plot plan approved by the owner of the property upon which the applicant will construct a temporary firework stand.

46. The temporary fireworks stand erected for the retail sale of fireworks must be constructed under the supervision of the City Building Department Inspector in such a manner as will reasonably ensure the safety of salespersons and patrons. An electrical permit must be obtained if a temporary power pole is required.

47. At least two water base fire extinguishers shall be present in each temporary firework stand. The extinguishers shall be subject to inspection by the Desert Hot Springs Fire Chief or designee.

48.There shall be at least one adult present in the temporary fireworks stand who is 21 years of age or over during all hours of retail sales. No person under 18 years of age shall sell fireworks at such stand.

6 49. No smoking shall be allowed in the temporary fireworks stand nor within ten feet thereof. No alcoholic beverages shall be allowed on the premises.

50. All weeds and combustible material shall be cleared from the location of the stand including a distance of at least 25' surrounding the stand.

51. Signs stating, "NO SMOKING" and "NO SALES TO ANYONE UNDER EIGHTEEN (18) YEARS OF AGE," and all permits must be posted in a conspicuous place.

52. Public Display. Notwithstanding any other provision of this chapter, fireworks may be lawfully possessed and used for public display within the city, as defined in Health and Safety Code Sections 12575 through 12577 and the Uniform Fire Code Article 78, upon written authorization by the Desert Hot Springs Fire Chief or designee.

53. Violation. Failure to remove the temporary fireworks stand in accordance with this chapter will result in the assessment of a penalty of $50 per day that the stand remains in place, or portion thereof. The Desert Hot Springs Fire Chief or designee may revoke the permit granted to any permittee that is operating a temporary firework stand in violation of the provisions of the permit, or of this chapter. Such permittee shall not be eligible for a new permit for a period of one year thereafter.

54. Any/all permits may be subject to revocation if the applicant/developer/project is not in compliance with all of the conditions of approval contained herein.

55. No less than 90 percent of the proceeds derived from the sale of fireworks in the City by the organization shall be utilized for the direct advancement of charitable, religious, youth, or civic purposes of such organization.

56. The Applicant / Developer shall maintain the Site after the installation of the stand and until the stand is removed, free of debris, trash or any other offensive, unhealthful and dangerous material. If the Applicant/Developer does not comply with the before mentioned criterion, the City may revoke the permit and issue violations

57. All appropriate permits shall be pulled with the City’s Building Department.

58. All appropriate permits shall be pulled with the City’s Fire Department.

7 Engineering Conditions

59. The Fireworks Stands shall not impede on-site circulation, drive-aisle access, pedestrian/sidewalk access, fire lanes, or any ADA access.

60. Any disturbed soil areas must be treated with water, chemical stabilizer, or an approved ground cover for dust mitigation.

61. Any disturbed soil areas will need to be returned to its natural state and the soils must be stabilized for dust mitigation within 48 hours after the removal of firework stand.

SR-22-101
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 3, 2022
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Resolution Listing Projects to be Funded by Senate Bill 1 for Fiscal Year 2022-2023
RECOMMENDATION:

Adopt a Resolution of the City Council listing projects to be funded in Fiscal Year 2022-2023 by Senate Bill 1 (SB1) – Road Maintenance Rehabilitation Account (RMRA) Funds with an estimated amount of $1,269,905.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 (SB 1) the Road Repair and Accountability Act of 2017 into law. SB1 provides funds used to address road maintenance, rehabilitation and critical safety needs on both the state highways and bridges, and local streets and road system. SB 1 utilizes the per gallon fuel excise taxes; diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.

A percentage of this Road Maintenance Rehabilitation Account (RMRA) funding will be apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. All new revenues received through the increased Gas Tax must be dedicated to capital improvement projects and cannot be used for personnel or other administrative costs. Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. SB1 Established the following requirements for the program:
• Cities are required to submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be included in a city or county budget that is adopted by the City Council at a regular public meeting. • The list of projects must include the description and location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement. • For each fiscal year in which RMRA funds are received and expended, cities and counties must submit documentation to the Commission that includes the description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful life of the improvements.

SR-22-101
DISCUSSION:

Based on the latest State Department of Finance projections, the projected revenue for RMRA funds for Fiscal Year 2022-2023 for the City of Desert Hot Springs is $685,800. This projected revenue was obtained from the Local Streets and Roads – Project FY2022-23 Revenues. The estimates are subject to change based on actual taxes received including any economic impact from the covid-19 epidemic.

Staff has reviewed all eligible projects per the SB1 program requirements, including our proposed Capital Improvement Program (CIP) for Fiscal Year 2022-23 and our current Pavement Management Plan. Based on all of the criteria, Staff recommends incorporating the following projects to be funded in Fiscal Year 2022-2023 by Senate Bill 1 (SB1).
• Palm Drive – Pierson Avenue to Mission Lakes (North) ($600,000) • Citywide Annual Slurry ($40,000)
• Citywide Annual Striping ($20,000)
• Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Improvements ($32,105)
• Mountain View Resurfacing ($577,800)
If approved an estimated total of $1,269,905 will be funded through SB1 – RMRA funds. The fund balance for SB1 is $912,510 as of March 24, 2022. With a projected revenue of $685,800, the total funds available will be $1,589,310 for the 2022-2023 fiscal year.

Staff recommends that the City Council adopt a Resolution listing projects to be funded in Fiscal Year 2022-2023 by Senate Bill 1 (SB1) – Road Maintenance Rehabilitation Account (RMRA) Funds with an estimated amount of $1,269,905.

FISCAL IMPACT:

If approved, an estimated total of $1,269,905 will be funded through SB1-RMRA funds for the 2022- 2023 fiscal year. This total is derived from the current estimated fund balance of $912,510 plus the projected revenue in Fiscal Year 2022-2023 of $685,800.

ATTACHMENTS:

Exhibit 1 - Project List Resolution 2022-2023
Exhibit 2 - Project locations

RESOLUTION NO. 2022-_____
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23

FUNDED BY
SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $685,800 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and costeffective projects that also meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City construct missing sidewalks, bike lanes, and rehabilitate Palm Drive, Mountain View Road, Hacienda Ave, Pierson Blvd, Camino Aventura, Camino Campanero, Avenida Descanso, as well as complete

various other road rehabilitation projects throughout the City this year and many other similar Street Improvement Projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology in recycling materials, will have significant positive impact to the City’s road network and overall community City-wide and positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:
a. Project Title: Palm Drive – Pierson Avenue to Mission Lakes (North) Project Description: Installation of new sidewalks, ADA ramps, street lights, bike lanes, grind and overlay of asphalt, striping markings and addition of buffered bike lanes.

Project Location: Palm Drive between Pierson Avenue and Mission Lakes Boulevard
Estimated Project Schedule: Start (09/22)– Completion (03/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years for the repaired roadway b. Project Title: Citywide Annual Slurry
Project Description: Slurry of roadways in need of repair (as-needed) Project Location: City-wide based on PMP
Estimated Project Schedule: Start (07/22)– Completion (06/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5-10 years
c. Project Title: Citywide Annual Striping
Project Description: Striping of roadways in need of repair (as-needed)

Project Location: City-wide based on PMP
Estimated Project Schedule: Start (07/22)– Completion (06/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5-10 years
d. Project Title: Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal
Project Description: Slurry of roadways in need of repair Project Location: Camino Campanero, Avenida Descanso, and Camino Aventura
Estimated Project Schedule: Start (07/22)– Completion (10/22) based on the component being funded with RMRA funds
Estimated Project Useful Life: 5-10 years
e. Project Title: Mountain View Resurfacing
Project Description: Resurfacing of Mountain View Road
Project Location: Mountain View Road from Dillon Road to City of Desert Hot Springs City limits
Estimated Project Schedule: Start (07/22)– Completion (01/23) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10-15 years for the repaired roadway PASSED AND ADOPTED at a regular meeting of the City Council of the City of Desert Hot Springs held on the 3rd day of May, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Jennifer Mizrahi, City Attorney

SR-22-100
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 3, 2022
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Mountain View Resurfacing Agreement
RECOMMENDATION:

Authorize the City Manager to execute the service agreement between the City and the County for the completion of the Mountain View Road Roadway Improvements.

BACKGROUND:

Mountain View Road is currently in need of roadway improvements due to the age of the asphalt, existing cracks, pot-holes, and the deterioration of the existing striping. The County of Riverside is currently proposing to improve Mountain View Road from Dillon Road to the City of Desert Hot Springs city limits just north of Whitney Court, which includes work outside of the County’s jurisdiction.

DISCUSSION:

The west side of Mountain View Road between approximately Brunner Lane and Whitney Court is within the City of Desert Hot Springs City Limits. The County has requested that the City enter into an agreement to pay for the improvements located within the City Limits. This would allow for a complete full width roadway improvement throughout the portion of Mountain View Road that is being improved by the County.

The total cost of the project is estimated at $1,900,000. The County’s portion is $1,322,200, and the City’s portion is $577,800. The agreement between the County of Riverside and the City of Desert Hot Springs is summarized as follows:

The County agrees to:
• Act as the lead agency of the project.
• Prepare plans, specifications, and engineer’s estimate (PS&E) and submit to City for review. • Identify and locate all utility facilities within the limits of the project. • Make a written application to the City for an encroachment permit. • Act as the Lead Agency under the California Environmental Quality Act (CEQA). • Advertise, award, and administer a public works contract for the construction of the project. • Construct the project in accordance with the PS&E.
• Submit any contract change order that causes construction contract to exceed 10% of the contract bid amount.

SR-22-100
• Furnish the City with one complete set of full-sized as-built plans and all contract records. • Furnish the City with a final reconciliation of project expenses within 90 days of completion and acceptance of the construction contract. Any costs associated with the City portion of the project that are in excess of the deposit provided, the County shall include a final bill with the financial reconciliation.

The City agrees to:
• Fund 100% of the cost of the portions of the project within the City Limits. • Deposit within the County, within 30 days of executing this agreement, $577,800. • Issue, at no cost to County or its contractors, an encroachment permit. • Provide a representative to coordinate with the County’s Project Manager during the development and construction of the project.
• Provide at no cost to the project, oversight of the project, and to provide prompt reviews and approvals.
• Pay, within 45 days of receipt, invoice for final reconciled costs in excess of the deposit amount for the project.

Staff is recommending that the City Council authorize the City Manager to execute the service agreement between the City and the County for the completion of the Mountain View Road Roadway Improvements.

FISCAL IMPACT:

The project costs for the City are $577,800 and shall be funded through SB1 for the FY 2022-2023 fiscal year. This project will be added to the FY2022-2023 Budget Adjustments.

ATTACHMENTS:

Exhibit 1 - Mountain View Road Service Agreement and Project Map

Mountain View Road Roadway Improvements
County of Riverside and City of Desert Hot Springs Service Agreement 1 City
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27 SERVICE AGREEMENT BY AND BETWEEN

COUNTY OF RIVERSIDE
AND

CITY OF DESERT HOT SPRINGS
FOR

MOUNTAIN VIEW ROAD ROADWAY IMPROVEMENTS
This Service Agreement for the Mountain View Road Roadway Improvements (“Agreement”) is entered into this _______ day of _____________, 20___, by and between the County of Riverside, a political subdivision of the State of California, (hereinafter "COUNTY") and the City of Desert Hot Springs, a municipal corporation, (hereinafter “CITY”) for the Roadway Improvements on Mountain View Road, located within the jurisdictional boundaries of the COUNTY and CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES”.

RECITALS
A. The COUNTY currently has a Roadway Improvement Project on Mountain View Road from Dillon Road to City of Desert Hot Springs City Limits, which excludes work outside of the COUNTY’s jurisdiction (“COUNTY PROJECT”).

B. COUNTY and CITY have mutually agreed that Mountain View Road, a 24 foot to 58 foot variable width two lane facility between Dillon Road to City of Desert Hot Springs City Limits, is in need of roadway improvements.

C. The COUNTY PROJECT coincides with CITY limits on Mountain View Road on the west half of the roadway width between 200 feet north of Brunner Lane and 175 feet north of Whitney Court, as shown on “Exhibit A” (Vicinity / Project Map). All improvements being proposed within CITY limits shall be referred to as “CITY PROJECT.”
D. The improvements on Mountain View Road will be to resurface the roadway consisting of pulverizing or excavating the existing pavement and overlaying with Hot Mix Asphalt. Incidental work will include and not be limited to reconstructing portions of curb and gutter, reconstructing cross-gutters and spandrels,

Mountain View Road Roadway Improvements
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27 reconstructing curb ramps, constructing driveways, reconstructing driveways, placing an asphalt safety edge, placing shoulder backing, replacement of signage, and striping the roadway.

E. COUNTY and CITY desire to have one agency take the lead role in the implementation of the roadway improvements in an interest to coordinate the improvements located in the two jurisdictions and to reduce overall costs by processing the two separate jurisdictional improvements as one project.

F. COUNTY will provide the administrative, technical, managerial, and support services necessary for the implementation of the CITY PROJECT.

G. COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed.

AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as follows:

SECTION 1 • COUNTY AGREES:

1. To act as the lead agency on behalf of the CITY for the overall development and implementation of the CITY PROJECT. The COUNTY is providing services on a reimbursable basis as shown on “Exhibit B” and has absolutely no obligation with regard to COUNTY funding for any portion of CITY PROJECT.

2. To prepare, or cause to be prepared, detailed PS&E documents for CITY PROJECT and submit to CITY for review and approval at appropriate stages of development. Final plans for improvements shall be prepared to COUNTY standards, and signed by a Civil Engineer registered in the State of California.

Deviations from standards shall be coordinated with and approved by CITY. COUNTY shall not solicit construction bids until CITY has approved the PS&E documents.

3. To identify and locate all utility facilities within the limits of the CITY PROJECT as part of its design responsibility. If any existing public and/or private utility facilities conflict with CITY PROJECT construction, COUNTY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal. All utility facilities shall be identified on the plans and specifications, and conflicting utilities shall be denoted. COUNTY shall require the utility owner and/or its contractors performing the relocation work within CITY's right of way to obtain a CITY encroachment permit prior to the performance

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27 of said relocation work. CITY and COUNTY shall coordinate and cooperate in the effort to establish prior rights related to utility encroachments into each jurisdiction’s right-of-way. In the case that any utility companies are determined to have prior rights, the cost of relocating utilities shall be borne by the CITY.

4. To make written application to CITY for an encroachment permit authorizing entry into CITY's right of way for the purposes of constructing CITY PROJECT.

5. To act as the Lead Agency under the California Environmental Quality Act (CEQA) for the CITY PROJECT.

6. To advertise, award and administer a public works contract for the construction of the CITY PROJECT in accordance with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, and California Public Contract Code.

7. To furnish a representative to perform the function of Resident Engineer during construction of CITY PROJECT.

8. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.

9. To construct the CITY PROJECT in accordance with approved PS&E documents.

10. To submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount for CITY PROJECT improvements that are located within the jurisdictional boundaries of the CITY to CITY for review and approval prior to final authorization by COUNTY.

11. To furnish CITY one complete set of full-sized film positive reproducible as-built plans and all contract records, including survey documents, within three hundred and sixty-five (365) days following the completion and acceptance of the construction contract. Electronic copies of completed plans will be made available if CITY desires. If electronic copies are provided, they will be provided on CD-R media.

12. To furnish CITY a final reconciliation of project expenses within ninety (90) days following the completion and acceptance of the construction contract. If final costs associated with the CITY PROJECT are in excess

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27 of the Deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT are less than the Deposit provided in Section 2, COUNTY shall include a reimbursement for the difference with the financial reconciliation.

SECTION 2 • CITY AGREES:

1. To fund one hundred percent (100%) of the cost of the CITY PROJECT. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in “Exhibit B", CITY will in good faith amend this Agreement to include any such costs under this Agreement.

2. To deposit with COUNTY, within 30 days of executing this Agreement, five hundred seventy-seven thousand eight hundred dollars ($577,800.00), as provided in “Exhibit B.”

3. To issue, at no cost to COUNTY or its contractors, upon proper application by COUNTY or COUNTY‘s contractor, an encroachment permit authorizing entry onto CITY's right-of-way to perform all surveys and other field activities required for preparation of the PS&E, utility coordination, right of way acquisition, and construction of the CITY PROJECT.

4. To provide a representative to coordinate with the COUNTY's Project Manager during the development and the construction of CITY PROJECT, and to verify facilities are constructed as required by this Agreement, if applicable.

5. To provide at no cost to the CITY PROJECT, oversight of the CITY PROJECT, to provide prompt reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY PROJECT.

6. To pay within 45 days of receipt, the invoice for final reconciled costs in excess of the Deposit amount for CITY PROJECT submitted by COUNTY for services rendered in accordance with this Agreement.

SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:

1. The total cost to CITY to complete PS&E documents, construction, including construction survey, inspection and a material testing for CITY PROJECT, including a ten percent (10%) contingency, is estimated to be five hundred seventy-seven thousand eight hundred dollars ($577,800.00) as detailed in “Exhibit B”.

2. COUNTY shall not be obligated to commence construction of the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.

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27 3. If Change Order Proposal from COUNTY contractor for CITY PROJECT indicates a cost overrun of no more than ten percent (10%) of the Engineers Estimate as described in “Exhibit B”, COUNTY may proceed with CITY PROJECT.

4. If upon receiving Change Order Proposal, it is found that a cost overrun exceeding ten percent (10%) of the Engineers Estimate is anticipated, COUNTY and CITY shall endeavor to agree upon an alternative course of action. If, after fifteen (15) calendar days from the date of receiving Change Order Proposal, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent, with CITY paying for incurred costs as set forth in this Agreement. COUNTY shall reimburse CITY within forty five (45) days of termination any portion of Deposit not spent.

5. Construction by COUNTY of improvements referred to herein which lie within CITY rights of way shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY.

6. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the construction contract, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured. COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance. COUNTY shall cause COUNTY’s contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction.

7. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership.

8. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT except as specified in this Agreement or future agreements.

9. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each

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27 PARTY hereto.

10. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.

11. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement.

12. In the event that CITY defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to terminate this Agreement upon 90 days written notice to CITY.

13. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the same shall be deemed severable from the remainder of this Agreement, and the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

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

15. Neither the CITY nor COUNTY shall assign this Agreement without the written consent of the other PARTY.

16. Any action at law or in equity brought by any of the PARTIES hereto for the purpose of enforcing a right or rights provided by this 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.

17. This Agreement is the result of negotiations between the PARTIES hereto, and the advice and assistance

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27 of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by CITY or COUNTY shall have no importance or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against the PARTY that prepared it in its final form.

18. Any waiver by COUNTY or CITY of any breach by the 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 COUNTY or CITY to require from the 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 COUNTY or CITY from enforcing this Agreement.

19. This Agreement and Exhibits A-B herein contain the entire agreement between the PARTIES, and are intended by the PARTIES to completely state the Agreement in full. Any agreement or representation respecting the matters dealt with herein or the duties of any PARTY in relation thereto, not expressly set forth in this Agreement, is null and void.

20. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not a PARTY to this Agreement or affect the legal liability of any PARTY to the Agreement by imposing any standard of care with respect to the maintenance of roads different from the standard of care imposed by law.

21. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY PROJECT.

22. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate:

COUNTY: CITY:

Riverside County Transportation Department City of Desert Hot Springs Attn: Mark Lancaster Attn: Daniel Porras
Director of Transportation Acting City Engineer

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27 4080 Lemon Street, 8th Floor 11-999 Palm Drive
Riverside, CA 92501 Desert Hot Springs, CA 92240
Phone: (951) 955-6740 Phone: (760) 329-6411 Ext. 109
[Signature Page Follows]

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27 APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:
______________________ Dated: __________

MARK LANCASTER
Director of Transportation
APPROVED AS TO FORM:

GREGORY P. PRIAMOS, COUNTY COUNSEL
By ____________________ Dated: __________
Deputy

APPROVAL BY THE BOARD OF SUPERVISORS
______________________ Dated: __________

KAREN SPIEGEL

PRINTED NAME
Chair, Riverside County Board of Supervisors
ATTEST:
______________________ Dated: __________
KECIA R. HARPER
Clerk of the Board (SEAL)
CITY Approvals
APPROVED BY:
______________________ Dated: ________

LUKE RAINEY

PRINTED NAME
CITY Manager
APPROVED AS TO FORM:
______________________ Dated: ________

JENNIFER MIZRAHI

PRINTED NAME
CITY Attorney
ATTEST:
________________________ Dated: ______

PRINTED NAME

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27 EXHIBIT A – VICINITY / PROJECT MAP
Mountain View Road

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27 EXHIBIT B –ESTIMATED CITY PROJECT COSTS
TASK

TOTAL CITY COSTS
Administrative Design Costs
$42,800
Construction Cost Estimate
$428,000
Construction Contingency (10%)
$42,800
Construction Engineering & Inspection (15%)
$64,200

TOTAL PROJECT COST
$577,800
Initial Deposit: $577,800 due within 30 days of executing this Agreement.

SR-22-099
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 3, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Meeting Schedule for Summer/Winter 2022 RECOMMENDATION:

Approve the proposed City Council Meeting Schedule for Summer/Winter 2022.

BACKGROUND:

Regular meetings of the City Council are held on the first and third Tuesday of each month commencing at 6:00 P.M.

To allow for summer and holiday related absences, City Council meetings are cancelled (dark) to allow for the City Council and Staff to schedule vacations and spend time with family within these planned breaks.

DISCUSSION:

Staff proposes the following meeting schedule through January 2023.

July 19, 2022 DARK
August 2, 2022 DARK
August 16, 2022 DARK
December 20, 2022 DARK
January 3, 2022 DARK
FISCAL IMPACT:

The proposed schedule would provide for cost savings due to un-needed live filming and video recording services.

SR-22-105
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 3, 2022
Department: City Council
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: April 19, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - April 19, 2022

City of Desert Hot Springs

DRAFT 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)

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.

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.

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.

Daniel Porras, Assistant City Manager, presented the staff report and

City Council
April 19, 2022
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

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 ByDistrict 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

SR-22-098
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 3, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of "An Ordinance of the City Council of the City of Desert Hot Springs, California, Adopting a Military Equipment Policy Pursuant to Assembly Bill 481."
RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "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:

The Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on April 19, 2022.

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

FISCAL IMPACT:

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

ATTACHMENTS:

Exhibit 1 - Staff Report from April 19, 2022
Exhibit 2 - AB 481 Ordinance
Exhibit 3 - DHSPD Military Equipment Policy
Exhibit 4 - DHSPD Military Equipment Inventory

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.

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.

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

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

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.

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

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 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.

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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
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

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

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)

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

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