Desert Hot Springs City Council
May 17, 2022

person shall maintain or place for collection any container not in conformance with this section.

A. City or City’s contractor when City has entered into a contract for the collection and disposal of solid municipal waste, shall provide each residential, commercial and industrial premises with the following containers designed and constructed for the purpose of storing and disposing of solid municipal waste.

1. For residential and commercial premises not subscribing to commercial bin-type service, two carts shall be provided, one for solid municipal waste and one for recyclable materials, both of which shall be compatible with industry standard side-loading automated collection vehicles and constructed of plastic with attached wheels and lids with a capacity of not more than 96 gallons.

2. For commercial premises, including residential premises subscribing to commercial bin service, containers shall be metal bins of approximately two-, three-, or four-cubic yard capacity with lids and casters and compatible with industry standard front-loading collection vehicles.

3. For industrial premises and temporary rental, containers shall be metal open-top debris boxes of approximately 10-, 20-, 30-, or 40-cubic yard capacity and compatible with industry standard roll-off type collection vehicles.

B. It shall be the duty of every owner, manager or person in possession, charge or control of any premises and of each person occupying a premises to do the following: arrange for a solid municipal waste container(s); keep or cause to be kept at premises proper containers for holding solid municipal waste; and, contain all solid municipal waste set out for collection within a specified container no more than level full and, if container is equipped with lids, with lids closed. Owners and occupants of premises may dispose of extra amounts of uncontained waste by first making arrangement with City or City’s contractor and by paying any additional fees that may be levied.

C. All solid municipal waste set out in containers for collection shall not exceed the container weight limit set forth as follows: residential carts, 250 pounds each; commercial bins, 500 pounds per cubic yard; and debris boxes, not more than eight tons per load.

D. Uncontained waste and green waste, including limbs not more than four inches in diameter, shall be collected from residential premises from customer-provided containers of not more than 32-gallon capacity with a suitable handle and weighing not more than 50 pounds, or in tied bundles not more than four feet in length and two feet in diameter and weighing not more than 50 Item Number: 9.

pounds. Green waste shall not be placed out for collection in loose piles or in plastic bags.

E. Collection of waste from construction or demolition activities shall be separately arranged with City or City’s contract agent and shall not be commingled with other solid waste placed out for collection.

B E. Every owner, manager or person in possession of a residential or commercial premises that is provided a cart(s) by the City or City’s contract agent for individual collection of solid waste, non-organic recyclables, and organic municipal solid waste shall be responsible for the cost of replacing missing, lost or damaged carts, except for normal wear and tear.

C F. The City or City’s contract agent may remove and dispose of containers not conforming to the requirements of this section.

8.04.130 Rubbish receptacles required—Maximum allowable time for keeping refuse.

It is unlawful for any person to keep or accumulate or cause to be or permit to be kept or accumulated upon any premises owned, controlled or occupied by him or her in the City, any solid waste, non-organic recyclables, or organic waste refuse unless the same shall be enclosed in an appropriate container a refuse receptacle as provided for in this chapter hereinabove, or to keep any refuse on or about such premises for a period of more than a week.

8.04.140 Mixing ashes, dirt and stones with other refuse.

It is unlawful for any person to place for collection or mingle with any other solid waste, construction waste, demolition waste, non-organic recyclables, or organic waste refuse, ashes, dirt and stones.

8.04.150 Storage on premises—Placement for collection.

A. Each container refuse receptacle shall be kept on the premises of the person utilizing such container for the storage and disposal of solid waste, nonorganic recyclables, and organic waste solid waste or recyclables. Except on the day designated for collection, each container receptacle shall be stored out of the public’s view from the street or roadway. When limited gate or doorway access or obstructions by landscaping or fixed objects prevent storage of containers receptacles out of the public view, the containers receptacles shall be stored adjacent to the dwelling or structure in that location least noticeable from the street or roadway.

B. On the day designated for collection and before the time for collection to begin in the particular district in which premises are located, containers receptacles shall be placed for collection on the curb, in no event more than four feet from the Item Number: 9.

pavement edge, in front of the premises occupied by the person placing the same or on the curb at the side of the premises where such premises are adjacent to more than one street.

C. All containers receptacles set out for collection shall be placed no closer than four feet of any fixed object or parked motor vehicle, and shall be placed no closer than within two feet from another receptacle.

D. Containers Receptacles shall not be so placed earlier than 12 hours prior to the time such collection is scheduled to commence.

8.04.160 Removal after collection.

It shall be the duty of every person placing a garbage, rubbish or other container in or upon any street, sidewalk, curb or alley for garbage or rubbish collection to remove such container from the street, sidewalk, curb or alley immediately after the contents of the container have been collected by the authorized collector of garbage or rubbish for the City, and in any event within 12 hours after such removal. It is unlawful for any such person to fail or refuse to perform such duty.

8.04.170 Tampering with or removal of contents of containers placed for collection.

A. Whenever any container containing solid municipal waste or recyclable materials has been placed for collection, it is unlawful for any person, other than the owner or person who placed the same for collection, to remove, tamper with, sort or take any solid waste, non-organic recyclables, or organic waste such solid municipal waste or recyclable material or any part thereof in or from such container, except the proper collection officials or employees of the City in the performance of their regular collection service.

B. At such times as the City has entered into a contract for the collection of solid municipal waste and recyclable materials, the City’s contractor shall be designated as its authorized recycling agent pursuant to California Public Resources Code Section 40105. As such, the contractor is entitled to prosecute actions for treble damages or civil penalties pursuant to California Public Resources Code Section 41953, for unauthorized removal of recyclable materials placed in containers for collection, in violation of California Public Resources Code Section 41950.

C. It is further illegal for any person, other than the owner, lessee or authorized user thereof, to deposit solid municipal waste or any other material in any solid municipal waste or recyclable material container without the express written permission of the owner, lessee or authorized user thereof, except in the case of solid municipal waste or recycling containers clearly marked for the deposit of solid municipal waste or recyclable material by the public.

Item Number: 9.

8.04.180 Bundles and miscellaneous containers. Reserved.

Any refuse not susceptible to placement in a container as described in this chapter may be placed for collection in the same manner and in the same place as designated for containers; provided, that it shall be securely tied in bundles not heavier than 50 pounds, nor more than four feet in length and two feet in diameter.

8.04.190 Commercial and industrial containers—Identification and maintenance.

Reserved.

Every commercial or industrial waste collector who owns, rents or controls any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish shall:

A. Place and maintain on the outside of such container, bin or other equipment, in legible letters and numerals not less than one inch in height, such waste collector’s name or firm name and telephone number; and B. At all times keep in good repair and maintain in a clean and sanitary condition such container, bin or other equipment to the satisfaction of the County Health Officer.

8.04.200 Construction site trash receptacles—Regulation. Reserved.

Trash containers shall be made available on each construction site, to remain in place until construction is completed. Each trash container shall be constructed of solid wood, metal or wire mesh, and shall be three cubic yards in capacity. Should wire mesh be utilized as a material for construction site trash containers, such containers shall be framed to adequately support such wire mesh. The floor and cover of containers utilizing wire mesh shall be properly framed to provide adequate strength and support to withstand design loads to prevent breakage. Further, such container lids shall be hinged and provided with latching devices adequate to secure the covers while not in use to prevent covers from being blown open. The container shall be adequately anchored to prevent overturning by wind. Each container shall be provided with a hinged cover or lid which shall remain closed at all times while not in use. Construction being performed simultaneously on an adjoining lot by one owner or contractor may be serviced by a single container, provided that in no event shall a single container be utilized by more than two such construction sites. Where construction sites are separated by one or more lots, separate containers are required for each site.

It shall be the contractor’s responsibility to ensure that no container is located on or within any public right-of-way. The contractor has the responsibility of ensuring that all containers under his or her control have deposited materials within such containers removed a minimum of once a week. The contractor has Item Number: 9.

the responsibility of removing deposited materials within the containers, however frequent as necessary to prevent overflowing. The container is to be used for storage of loose papers, cartons, bottles, cans, and trash, and the premises on all jobs are to be kept clear of loose papers, cartons, bottles, cans, and trash at all times. It shall be the responsibility of the contractor to ensure that all individuals employed by him or her or under his or her direction and control observe and obey these regulations.

8.04.210 Unauthorized removal of identification.

No person, other than a person with whom the City has a contract for the collection, removal and disposal solid waste, non-organic recyclables, or organic waste the commercial or industrial waste collector having charge thereof, shall deface, alter, remove or obliterate any identification placed on any container, bin or other equipment pursuant to the provisions of this chapter.

8.04.220 Tampering with or injury to receptacles.

No person not having authority to do so shall tamper with, injure, destroy or remove any container, bin or other equipment used for the storage of garbage, industrial waste, market refuse or rubbish.

8.04.230 Variations from provisions as to placement for collection.

In all cases where the City Manager shall find that practical difficulty exists in complying with the requirements of this chapter as to the placing of garbage or rubbish for collection by the City or contract agent, the City Manager shall designate where the same shall be placed or kept for collection and the conditions under which it shall be collected. (Ord. 546, 5-6-14; prior code § 50.46) Section 3. AMENDMENT OF SECTION 8.08.040 (“DIVERSION
REQUIREMENTS – COVERED PROJECTS
REQUIREMENTS”) OF TITLE 8 (“HEALTH AND
SAFETY”) OF THE DESERT HOT SPRINGS MUNICIPAL
CODE
Section 8.08.040 shall read as follows:

A. Demolition. Every structure planned for demolition shall be made available for deconstruction, salvage, and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from Item Number: 9.

the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this chapter. Recovered or salvaged materials may be given or sold on the premises, or may be removed to a reuse warehouse facility for storage or sale.

B. New Construction. All covered projects must do the following:

2. Meet the diversion requirement of at least 50 percent of all construction waste;

2. Submit a construction and demolition waste plan (on the required forms) Meet the diversion requirement of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, in effect at the time.;

3. Submit a performance security along with the application required for a construction permit. City-owned projects will not be required to pay the performance security.

C. Every applicant shall submit a properly completed “recycling and waste reduction form” as prescribed by the City’s Compliance Official, to the Building and Safety Department, as a portion of the building or demolition permit process. The form shall contain an accurate estimate of the tonnage or other specified units of construction and/or demolition waste to be generated from construction and demolition on the site.

Approval of the form as complete and accurate shall be a condition precedent to issuance of any building or demolition permit. (Ord. 548 9-2-14; Ord. 542 3-18-14; prior code § 50.53)
D. The applicant shall comply with Section 8.10.030 of the California Green Building Standards Code.

Section 4. AMENDMENT OF CHAPTER 8.10 (“RECYCLING OF
COMMERCIAL SOLID WASTE AND ORGANIC WASTE”)
OF TITLE 8 (“HEALTH AND SAFETY”) OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 8.10 (“Recycling of Commercial Solid Waste and Organic Waste”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code is hereby amended to read in its entirety as follows:

Chapter 8.10 Recycling of Commercial Solid Waste and Organic Waste.

8.10.010 Definitions.

Words and phrases defined in Chapter 8.04 of this code shall have the same meanings when used in this chapter.

Item Number: 9.

“Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.
“Commercial solid waste” includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units.
“Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions:

1. The consumer is escorted or assigned to an assigned eating area.

The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request.

2. The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area.

3. The food and beverage orders are delivered directly to the consumer.

4. Any requested items associated with the consumer’s food or beverage order are brought to the consumer.

5. The check is delivered directly to the consumer at the assigned eating area.
“Organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
“Self-hauler” means a business that hauls its own waste rather than contracting for that service. “Self-haul” means to act as a self-hauler.

8.10.020 Mandatory recycling program. Requirements for single-family waste generators.

A. Single-Family Waste Generators shall comply with the following requirements except Single-Family generators that meet the Self-Hauler requirements in Section 8.10.080 of this chapter:

Item Number: 9.

1. Subscribe to City’s collection services as described in chapter 8.04. of this code. The City shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family Waste Generators shall adjust its service level for its collection services as requested by the Jurisdiction. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

2. Shall participate in the City’s waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. Generator shall place source separated green container organic waste, including food waste, in the green container; source separated recyclable materials in the blue container; and gray container waste in the gray container. Generators shall not place materials designated for the gray container into the green container or blue container.

B. A business that generates four cubic yards or more of commercial solid waste per week, two cubic yards of organic waste per week, or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with the following requirements:

1. Arrange for the regular collection of commercial recyclable materials through the City’s authorized waste collection contractor;

2. Maintain containers on the premises, which are to be provided by the City’s authorized waste collection contractor, for the collection of commercial recyclable materials;

3. Source separate commercial recyclable materials from waste, and place the recyclable materials in the appropriate containers for collection as designated by the City’s authorized waste collection contractor; and

4. A business that provides customers access to the business shall provide customers with a commercial solid waste recycling bin or container to collect material purchased on the premises. The containers must be:
a. Adjacent to each bin or container for trash other than recyclable commercial solid waste, except in restrooms.
b. Visible and easily accessible.

Item Number: 9.

c. Clearly marked with educational signage indicating what is appropriate to place in the commercial solid waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices.

5. Full-service restaurants are exempt from the requirements of this chapter if the full-service restaurant provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste.

6. A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section.

C A business that generates two cubic yards or more per week of commercial solid waste, or is a multifamily residential dwelling of five units or more shall arrange for organics recycling services, consistent with the following requirements:

1. Arrange for the regular collection of organics recyclable materials through the City’s authorized waste collection contractor;

2. Maintain containers on the premises, which are to be provided by the City’s authorized waste collection contractor, for the collection of organics recyclable materials;

3. Source separate organics recyclable materials from waste, and place the recyclable materials in the appropriate containers for collection as designated by the City’s authorized waste collection contractor; and

4. A business that provides customers access to the business shall provide customers with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption. The bins and containers shall be:
a. Adjacent to each bin or container for trash other than recyclable organic waste, except in restrooms,
b. Visible and easily accessible,
c. Clearly marked with educational signage indicating what is appropriate to place in the organic waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices;

5. Full-service restaurants are exempt from the requirements of this chapter if the full-service restaurant provides its employees an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and implements a program to collect recyclable organic waste; Item Number: 9.

6. Multifamily residential dwellings are not required to divert food waste under subsection B. Multifamily residential dwellings are required to divert landscaping or yard trimmings;

7. A business that is a multifamily dwelling is not required to arrange for the organic waste recycling services specified in subsection B for food waste that is generated by the business;

8. When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this chapter. (Ord. 731 2-16-21)

8.10.030 Additional regulations. Requirements for commercial businesses.

The City Manager or designee may adopt necessary forms, rules, regulations, and guidelines that may be necessary or desirable to aid in the administration or enforcement of the provisions of this chapter.

Generators that are Commercial Businesses, including Multi-Family Residential Dwellings, shall:

A. Subscribe to City’s collection services as described in chapter 8.04. of this code. City shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the City.

B. Except Commercial Businesses that meet the Self-Hauler requirements in Section 8.10.080 of this chapter, participate in the City’s waste collection service(s) by placing designated materials in designated containers as described below.

1. A three-container collection service (Blue Container, Green Container, Brown Container and Gray Container). Generator shall place Source Separated Green Container Organic Waste, including Food Waste in bags, in the Green Container; Source Separated Recyclable Materials in the Blue Container; Source Separated Food Scraps in the Brown Container, and Gray Container Waste in the Gray Container. Generator shall not place materials designated for the Gray Container into the Green Container, Brown container or Blue Container.

C. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors for employees, contractors, tenants, and customers, consistent with the City’s Blue Container, Green Item Number: 9.

Container, Brown Container, and Gray Container collection service or, if selfhauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section 8.10.080.

D. Excluding Multi-Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste, Source Separated Brown Container Food Scraps, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

1. A body or lid that conforms with the container colors provided through the collection service provided by the City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.

2. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.

E. Multi-Family Residential Dwellings are not required to comply with container placement requirements or labeling requirement in Section 6(d) pursuant to 14 CCR Section 18984.9(b).

F. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi-Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, and Gray Container collection service or, if self-hauling, per the Commercial Businesses’ instructions to support its compliance with its self-haul program, in accordance with Section

8.10.080.

G. Excluding Multi-Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, Brown Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the Item Number: 9.

requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).

H. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste, Source Separated Brown Container Food Scraps, and Source Separated Recyclable Materials.

I. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste, Source Separated Brown Container Food Scraps, and Source Separated Recyclable Materials separate from Gray Container Waste and the location of containers and the rules governing their use at each property.

J. Provide or arrange access for the City or its agent to their properties during all Inspections to confirm compliance with the requirements of this chapter and SB 1383 Regulations.

K. If a Commercial Business wants to self haul, meet the Self-Hauler requirements in Section 8.10.080 of this ordinance.

L. Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).

M. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 8.10.050.

8.10.040 Fee collection. Waivers for generators.

The City Manager or designee may implement a system allowing for the City to charge and collect a fee from businesses that are subject to this chapter in order to recover the City’s costs in complying with the commercial solid waste and organics recycling requirements set forth in California Public Resources Code Chapters 12.8 and

12.9. A. The City may waive a Commercial Business’ obligation (including Multi-Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Item Number: 9.

Waste material as described in Section 8(a)(2) below. Commercial Businesses requesting a de minimis waiver shall:

1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section 8(a)(2) below.

2. Provide documentation that either:
a. The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or, b. The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.

3. Notify the City if circumstances change such that Commercial Business’s Organic Waste exceeds threshold required for waiver, in which case waiver will be rescinded.

4. Provide written verification of eligibility for de minimis waiver every 5 years, if the City has approved de minimis waiver.

B. Physical Space Waivers. The City may waive a Commercial Business’ or property owner’s obligations (including Multi-Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its own staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of this chapter.

C. A Commercial Business or property owner may request a physical space waiver through the following process:

1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.

2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.

3. Provide written verification to the City that it is still eligible for physical space waiver every five years, if the City has approved application for a physical space waiver.

Item Number: 9.

D. Review and Approval of Waivers by the City. The City Manager or designee shall review and approve waivers. The City Manager or designee may revoke a waiver upon a determination that any of the circumstances justifying a waiver are no longer applicable.

8.10.050 Education. Commercial edible food generators.

The City Manager or designee shall work with the City’s authorized waste collection contractor to conduct outreach and educate businesses subject to the requirements of this chapter about its requirements and facilitate compliance.

A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section 9 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.

B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.

C. Commercial Edible Food Generators shall comply with the following requirements:

1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.

2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery.

3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.

4. Allow the City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.

5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:

Item Number: 9.

a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
ii. The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization. iii. The established frequency that food will be collected or self-hauled.
iv. The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.

D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).

8.10.060 Enforcement. Food recovery organizations and services.

A. The City Manager or designee is authorized to administer and enforce the provisions of this chapter.

B. It is unlawful and a public nuisance to violate or fail to comply with any provision this chapter. A new and separate offense occurs for each day during any portion of which a violation of or failure to comply with this chapter is committed, continued, maintained, caused, or permitted.

Item Number: 9.

C. The City may enforce this chapter through any remedies permitted by law, including, but are not limited to, the remedies in Title 1 and Title 4 of this code. The remedies provided for herein shall be cumulative and not exclusive.

A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):

1. The name, address, and contact information for each
Commercial Edible Food Generator from which the service collects Edible Food.

2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.

3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.

4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.

B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):

1. The name, address, and contact information for each
Commercial Edible Food Generator from which the organization receives Edible Food.

2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.

3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.

C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b).

Item Number: 9.

D. Food Recovery Capacity Planning

1. Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Jurisdiction and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.

8.10.070 Haulers and Facility Operators.

A. Requirements for Haulers.

1. Haulers contracted by the City to provide residential, Commercial, or industrial Organic Waste collection services to generators within the City’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the City to collect Organic Waste:
a. Through written notice to the Jurisdiction annually
identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Green Container Organic Waste, and Mixed Waste.
b. Transport Source Separated Recyclable Materials,
Source Separated Green Container Organic Waste, and Mixed Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in the SB 1383
Regulations.
c. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1 and the provisions of this code.

B. Requirements for Facility Operators and Community Composting Operations.

Item Number: 9.

1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, invessel digestion facilities, and publicly-owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.

2. Community Composting operators, upon the City’s request, shall provide information to the Jurisdiction to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the City shall respond within 60 days.

8.10.080 Self-Hauler Requirements.

A. Self-Haulers shall source separate all non-organic recyclable materials and Organic Waste generated on-site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.

B. Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, SelfHaulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.

C. Self-Haulers that are Commercial Businesses (including Multi-Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the City. The records shall include the following information:

1. Delivery receipts and weight tickets from the entity accepting the waste.

2. The amount of material in cubic yards or tons transported by the generator to each entity.

3. If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the SelfHauler’s vehicle in a manner that allows it to determine the weight of Item Number: 9.

materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.

4. Within thirty (30) days following the end of each calendar month, Self Haulers shall report to City the amount of Organic Waste in cubic yards or tons delivered to each Solid Waste facility and the name of each Solid Waste facility.

D. A residential Organic Waste Generator that self hauls Organic Waste is not required to record or report information in this section.

8.10.090. Compliance with CALGreen Recycling Requirements A. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen. If the requirements of CALGreen are more stringent then the requirements of this section, the CALGreen requirements shall apply.

Project applicants shall refer to City’s building and/or planning code for complete CALGreen requirements.

B. For projects covered by CALGreen, the applicants must, as a condition of the City’s permit approval, comply with the following:

1. Where five (5) or more Multi-Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the City, or comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of Blue Container and Green Container materials, consistent with the three-container collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi-Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 Item Number: 9.

of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.

3. Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with chapter 8.08 of this code, and all written and published Jurisdiction policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.

C. Refer to Municipal Code Chapter 8.08 for further requirements related to recycling and diversion of waste from Construction and Demolition.

8.10.110 Inspections and investigations.

A. City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, SelfHaulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private residential property for Inspection.

B. Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this ordinance and may result in penalties described.

C. Any records obtained by the City during its Inspections, and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

Item Number: 9.

D. City representatives, its designated entity, and/or Designee are authorized to conduct any Inspections, or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws.

E. City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.

8.10.120 Enforcement.

A. The City may take Enforcement Actions under this chapter, including the issuance of an administrative citation and assessment of a fine. The City’s procedures on imposition of administrative fines under Chapter 4.24 of this code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

C. Responsible Entity for Enforcement. Enforcement pursuant to this chapter may be undertaken by the City Enforcement Official, which may be the city manager or their designated entity, legal counsel, or combination thereof.

D. Process for Enforcement

1. City Enforcement Official and/or their Designee will monitor compliance with the ordinance randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program.

2. The City may issue an official notification to notify regulated entities of its obligations under this code.

3. For incidences of Prohibited Container Contaminants found in containers, Jurisdiction will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container. Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within ___ days after determining that a violation has occurred. If the City observes Prohibited Container Item Number: 9.

Contaminants in a generator’s containers on more than three (3) occasion(s), the City may assess contamination processing fees or contamination penalties on the generator.

4. With the exception of violations of generator contamination of container contents addressed under Section 8.10.120(D)(3), City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.

5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, the City shall commence an action to impose penalties, via an administrative citation and fine, pursuant to chapter 4.24 of this code.

Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
E. Penalty Amounts for Types of Violations
The penalty levels are as follows:

1. For a first violation, the amount of the base penalty shall be $50 to $100 per violation.

2. For a second violation, the amount of the base penalty shall be $100 to $200 per violation.

3. For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.

F. Compliance Deadline Extension Considerations
The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this chapter if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:

1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;

2. Delays in obtaining discretionary permits or other government agency approvals; or,
Item Number: 9.

3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.

G. Appeals Process
Consistent with chapter 4.24 of this code, persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with City’s procedures in the City’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The City will appoint a hearing officer who shall conduct the hearing and issue a final written order.

H. Education Period for Non-Compliance
Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the City determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.

I. Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self-Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this ordinance, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this section, as needed.

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

Item Number: 9.

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

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

Section 8. AMENDING OF BAIL SCHEDULE

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

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

Section 10. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Item Number: 9.

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:
_______________________________
Scott Matas, Mayor
Item Number: 9.

ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 9.

SR-22-126
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 17, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: May 3, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - May 3, 2022 Item Number: 10.

City of Desert Hot Springs

DRAFT 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
Item Number: 10.

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.

Item Number: 10.

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.

Item Number: 10.

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
Item Number: 10.

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
Item Number: 10.

SR-22-124
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 17, 2022
Department: Police Department
Prepared by: Steven Shaw, Deputy Police Chief
Subject: State Homeland Security Grant Program Resolution RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs ratifying the approval and acceptance of the Fiscal Year 2021 Homeland Security Grant Program, Grant Award #2021-0081 in an amount of up to $83,694.

BACKGROUND:

On April 19, 2022, the City Council approved the acceptance of Fiscal Year 2021 Homeland Security Grant Program, Grant Award #2021-0081 in an amount of $83,694; and authorized the City Manager to execute the agreement (Exhibit 1).

DISCUSSION:

While the City Council approved the agenda item by minute action, one of the terms and conditions of the acceptance of the Grant Funds is to accept said funds via Resolution. Accordingly, Staff recommends that the City Council adopt "A Resolution of the City Council of the City of Desert Hot Springs, California, ratifying the approval and acceptance of the Fiscal Year 2021 Homeland Security Grant Program, Grant Award #2021-0081 in an amount of up to $83,694." ATTACHMENTS:

Exhibit 1 - Staff Report from April 19, 2022
Exhibit 2 - Resolution
Item Number: 11.

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

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

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.

BACKGROUND:

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

DISCUSSION:

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

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

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

Grant funds will be used to purchase nine (9) PSEC combatable radios that will allow direct radio Item Number: 11.

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

FISCAL IMPACT:

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

ATTACHMENTS:

Exhibit 1 - FY 2021 HSGP Standard Assurances
Exhibit 2 - Radio Quote
Item Number: 11.

RESOLUTION 2022-_______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS RATIFYING THE APPROVAL AND ACCEPTANCE OF THE
FISCAL YEAR 2021 HOMELAND SECURITY GRANT PROGRAM,
GRANT AWARD #2021-0081 IN AN AMOUNT OF UP TO $83,694
WHEREAS, at a regular City Council meeting of the City of Desert Hot Springs (“City”) held on April 19, 2022, the City approved the acceptance of Fiscal Year 2021 Homeland Security Grant Program, Grant Award #2021-0081 in an amount of $83,694 (“Grant Funds”); and
WHEREAS, the City will be reimbursed up to $83,694 from the FY21 State Homeland Security Program Grant for the purchase of mobile radios; and WHEREAS, although the City Council approved the agenda item by minute action, one of the terms and conditions of the acceptance of the Grant Funds is to accept said funds via Resolution; and
WHEREAS, this Resolution ratifies and approves the acceptance of the Grant Funds along with the terms and conditions of the grant; and WHEREAS, having a resolution accepting the terms and conditions of the Grant Funds is in the best interest of the public health, safety, and welfare.

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

Section 1. RECITALS
The recitals are incorporated.

Section 2. ACCEPTANCE OF GRANT FUNDS AND ASSURANCES
The City Council hereby ratifies and accepts the Grant Funds and agrees to the following:
a. To provide matching funds required for the grant project and that any cash match will be appropriated as required;
b. Any liability arising out of the performance of the FY 21 Standard Assurances Federal Grant programs shall be responsibility of the Applicant and the city council, governing board, or authorized body;
c. Grant funds shall not be used to supplant expenditures controlled by the city council, governing board or authorized body; and
d. The official executing this Resolution is in fact authorized to do so Item Number: 11.

Section 3. SEVERABILITY
That should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 4. EFFECTIVE DATE
That this Resolution shall be effective immediately.

Section 5. CERTIFICATION
That the City Clerk shall certify to the passage of this Resolution 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:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_________________________________ ____________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_________________________________
Jennifer Mizrahi, City Attorney
Item Number: 11.

SR-22-125
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 17, 2022
Department: Community Development
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance Adding a Definition for Sustainable Housing and Carports
RECOMMENDATION:

Approve Second Reading, read by title only and adopt: “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.”
BACKGROUND:

The ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on May 3, 2022. During the first reading, the ordinance was revised to reflect that carport layout shall not be tandem.

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

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from May 3, 2022
Exhibit 2 - Ordinance - Sustainable Housing Definition and Carports Item Number: 12.

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 Item Number: 12.

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 Item Number: 12.

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 singlefamily 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 Item Number: 12.

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:

Item Number: 12.

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 Item Number: 12.

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, and carport layout shall not
be tandem.

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.

Item Number: 12.

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 Item Number: 12.

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
Item Number: 12.