Desert Hot Springs City Council
June 7, 2022

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City of Desert Hot Springs
AGENDA

REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, June 7, 2022
5:30 PM - Closed Session
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240

Page
CLOSED SESSION - 5:30 P.M.

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS
At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.

CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL–ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Section 54956.9: The facts and circumstances involve issues pertaining to a certain entity who has threatened litigation against the City regarding an approved warehouse project, and in fact filed an appeal of a Planning Commission decision to approve same, which appeal documents are on file with the City Clerk.

RECESS
REGULAR SESSION - 6:00 P.M.

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

CITY ATTORNEY REPORT ON CLOSED SESSION

APPROVAL OF AGENDA
At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.

Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.

PUBLIC COMMENTS
At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.

Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.

Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

CITY MANAGER REPORT

MAYOR AND COUNCIL MEMBER REPORTS
PUBLIC HEARINGS:

2. Public Hearing in Compliance with Proposition 218 to Consider a Resolution Approving the Solid Waste Fee Increase
Daniel Porras, Assistant City Manager
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony of those in favor of Proposed Fee Increase; 5) Take testimony of those in opposition to Proposed Fee Increase; 6) Take testimony in a neutral position;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) If no majority protest exists, adopt “A Resolution of the City Council of the City of Desert Hot Springs approving the solid waste fee increase in the amounts as provided in Exhibit A, and declaring that no majority protest exists;” OR
10) If a majority protest exists, do NOT adopt the attached Resolution.

Staff Report - SR-22-137 - Pdf
7 - 30

3. 1) Resolution to Amend General Plan Zoning Map to Correct a Typographical Error to Reflect the Proper Zoning Designation for the Area Bounded by Yucca Drive, 12th Street, Palm Drive and Mesquite Avenue; and 2) An Ordinance to Amend the General Plan Zoning Map to Be Consistent With the General Plan Land Use Map for That Same Location
Erick Becerril, Community Development Director
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) A) Adopt a Resolution of the City Council amending the General Plan Zoning Map to correct a typographic error to reflect the proper zoningdesignation for the area bounded by Yucca Dr., 12th Street, Palm Drive and Mesquite Avenue; and
B) Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending the General Plan Zoning Map to be consistent with the General Plan Land Use Map for the area bounded by Yucca Drive, 12th Street, Palm Drive and Mesquite Avenue, correcting a typographical error in the General Plan Zoning Map.

Staff Report - SR-22-132 - Pdf
31 - 45

4. An Ordinance Amending Section 17.180.048 Allowing Marijuana Entertainment Facilities to Be Located in Any Downtown
Commercial District With a Conditional Use Permit
Erick Becerril, Community Development Director
Recommendation:
1) Staff Report;
2) Entertain questions of staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for 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: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 17.180.048 Marijuana entertainment facilities and Table

17.12.01 to allow for Cannabis Entertainment Facilities in C-D (Commercial Downtown) Zoned Districts."
Staff Report - SR-22-133 - Pdf
47 - 52

ADMINISTRATIVE CALENDAR:

5. Appointment to the Planning Commission to Fill One (1) Vacancy for Unexpired Term
Jerryl Soriano, City Clerk
Recommendation:

Ratify Council Member Betts' appointment of Derward Cook to the Planning Commission to fill one (1) vacancy consisting of an unexpired term through January 2023.

Staff Report - SR-22-134 - Pdf
53 - 65

6. Public Improvement Agreement for Brown Dog Health and Wellness Project Conditional Use Permit No. 20-20
Nicholas Haecker, Public Works Director
Recommendation:

Authorize the City Manager to execute the Public Improvement Agreement between the City of Desert Hot Springs and Brown Dog Health and Wellness – Conditional Use Permit No. 20-20, for the completion of public improvements per Conditions of Approval.

Staff Report - SR-22-111 - Pdf
67 - 78

7. Resolution Supporting Ocean Water Importation to Refill the Salton Sea While Reducing Greenhouse Gas Emissions
Jerryl Soriano, City Clerk
Recommendation:

Consider adopting "A Resolution of the City Council of the City of Desert Hot Springs, California, declaring its continued support for ocean water importation to refill the Salton Sea while reducing greenhouse gas emissions."
Staff Report - SR-22-135 - Pdf
79 - 94

8. Coachella Valley Mountains Conservancy Grant Award Agreement Daniel Porras, Assistant City Manager
Recommendation:

Authorize the City Manager to execute a grant agreement between the Coachella Valley Mountains Conservancy (CVMC) and the City of Desert Hot Springs, to receive grant funding totaling $128,000 for the DHS Trails Conservation Outreach and Education Program.

Staff Report - SR-22-136 - Pdf
95 - 113

CONSENT CALENDAR:

Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.

9. City Council Regular Meeting Minutes: May 17, 2022
Jerryl Soriano, City Clerk
Recommendation: Approve the Minutes as presented; or as corrected.

Staff Report - SR-22-141 - Pdf
115 - 125

10. Second Reading and Adoption of Noise Control Ordinance Jerryl Soriano, City Clerk
Recommendation: Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs Amending Chapter 8.12 (“Noise Control”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code; Amending Section 4.16.010 (“Unlawful Acts—Public Nuisances”) of Chapter 4.16 (“Public Nuisances”) of Title 4 (“Code Enforcement”) of the Desert Hot Springs Municipal Code; Amending Section 5.28.070 (“Permit Use and Manner of Peddling”) of Chapter 5.28 (“Sidewalk Vendors and Peddlers”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code; Amending Section 5.52.030 (“General Regulations”) of Chapter 5.52 (“Mobile Food Vending Vehicles”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code." Staff Report - SR-22-130 - Pdf
127 - 153

11. Second Reading and Adoption of Organic Waste Recycling SB 1383 Ordinance
Jerryl Soriano, City Clerk
Recommendation: Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 8.04 (Garbage and Rubbish) and Chapter

8.10 (Recycling of Commercial Solid Waste and Organic Waste) of Title 8 (Health and Safety) of the Desert Hot Springs Municipal Code.

Staff Report - SR-22-131 - Pdf
155 - 202

12. Resolution of Intention to Annex One Parcel (Annexation No. 47) Located South of Two Bunch Palms Trail and East of Palm Drive (APN 656-040-052) to the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services)
Geoffrey Buchheim, Finance Director
Recommendation: Adopt a Resolution of the City Council of the City of Desert Hot Springs declaring its intention to annex territory to Community Facilities District No. 2010-1 (Services) of the City of Desert Hot Springs, 203 - 249

adopting a map of the area proposed to be annexed (Annexation No. 47), and to authorize the levy of special taxes therein.

Staff Report - SR-22-140 - Pdf

13. Resolution of Intention to Create a Special Tax Area Zone for Property (APN 656-040-052) south of Two Bunch Palms Trail and east of Palm Drive, to the Desert Hot Springs Special Public Safety Tax Area.

Geoffrey Buchheim, Finance Director
Recommendation:

Adopt a Resolution of Intention which establishes the time and place of the Public Hearing to establish Zone 53 within the Special Public Safety Tax Area for Police and Fire Protection Services and authorizing an election.

Staff Report - SR-22-138 - Pdf
251 - 267

PUBLIC COMMENTS
Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.

ADJOURN

UPCOMING MEETING DATES
*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.

June 9 Public Safety Commission 6:00 p.m.

June 14 Planning Commission 6:00 p.m.

June 21 City Council Regular Meeting 6:00 p.m.

July 5 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________________

NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.

If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.

Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.

SR-22-137
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Public Hearing in Compliance with Proposition 218 to Consider a Resolution Approving the Solid Waste Fee Increase
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the Public Hearing;
4) Take testimony of those in favor of Proposed Fee Increase; 5) Take testimony of those in opposition to Proposed Fee Increase; 6) Take testimony in a neutral position;
7) Close the Public Hearing;
8) City Council discussion and questions to Staff; and
9) If no majority protest exists, adopt “A Resolution of the City Council of the City of Desert Hot Springs approving the solid waste fee increase in the amounts as provided in Exhibit A, and declaring that no majority protest exists;” OR
10) If a majority protest exists, do NOT adopt the attached Resolution.

BACKGROUND:

On April 19, 2022 the City Council adopted a resolution setting the date of June 7, 2022 for a public hearing to consider an increase in solid waste fees in compliance with Proposition 218 to consider solid waste fee increases.

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

Item Number: 2.

SR-22-137
In accordance with Section 6 of the California Constitution, Article XIII(D) (Proposition 218), the City must follow procedures to increase solid waste fees. The Proposed Fee Increase is to recover costs.

Proposition 218 requires notification of the Proposed Fee Increase to be sent to the record owner and tenant of each identified parcel upon which any new or increased solid waste fees being proposed for adoption at least 45 days in advance of the Public Hearing.

DISCUSSION:

On April 22, 2022, Desert Valley Disposal mailed a total of 10,598 notices, both in English and in Spanish, to property owners and tenants identifying the proposed fee increases. The notices gave each property owner or tenant the right to submit a written or oral protest against the Proposed Fee Increase by mail or in person to the City Clerk no later than the conclusion of the Public Hearing on June 7, 2022.

The notices that were mailed out included a protest form that property owners and/or tenants could fill out and submit to the City Clerk. In addition, notices of the public hearing were published according to law in a newspaper of general circulation.

During the Public Hearing on June 7, 2022, City Council will conduct a public hearing and take testimony and comments on the Proposed Fee Increase. Note that oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. At the Public Hearing the City would consider all protests against the Proposed Fee Increase. The City Clerk will report on all written protests received at the conclusion of the Public Hearing. If written protests against the Proposed Fee Increase are presented by a majority of owners or tenants equal to or more than 5,300 protests, the City shall not impose the fee. If there is no Majority Protest, the City Council would then consider a Resolution to adopt the Proposed Fee Increase. If adopted, the Proposed Fee Increase would become effective on the same date as the effective date of the Resolution increasing said fees, but not be charged until the actual service begins. For example, if new services begin on January 1, 2023, the property owners would be assessed for services from January 1, 2023 to June 30, 2023, which is 6 months instead of the 12 month period in the first year.

Further, pursuant to proposition 218, the City Council will need to make all of the following findings, which findings are contained in the attached Resolution:
1) The revenues derived from the Proposed Fee Increase shall not exceed the funds required to provide the property related services.
2) The revenues derived from the Proposed Fee Increase shall not be used for any purpose other than that for which the proposed fee is imposed.
3) The amount of the Proposed Fee Increase per parcel shall not exceed the proportional cost of the service attributable to the parcel.
4) The Proposed Fee Increase will be actually used or it shall be immediately available for use. 5) The Proposed Fee Increase will not be used for general governmental services, including police, fire, ambulance, or library services
If adopted, the proposed fees are the maximum fees that may be assessed.

PROPOSED FEES AND SERVICES
Item Number: 2.

SR-22-137

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

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

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

SB 1383 has been the most significant waste reduction mandate to be adopted in the State of California in the last 30 years. In an effort to achieve the State requirements of SB 1383 the City has been diligently working with CalRecycle and Desert Valley Disposal (“DVD”) in developing an SB 1383 implementation plan and moving forward with completing the various required tasks within the required deadlines.

On May 17, 2022, the City Council adopted an Ordinance that incorporated the new SB 1383 State mandates and requirements into the City’s Municipal Code. In addition, the City is working with DVD to finalize the Amendment to the current Franchise Agreement to reflect all of the new SB 1383 requirements and regulations, which is anticipated to come to City Council for approval/adoption on June 21, 2022.

DVD has already placed an order for new organic waste carts and bins for residents and businesses, and another order for additional waste collection trucks, and is planning on increasing staff levels to be able to provide the new required organic waste collection services. The organic waste carts and bins are scheduled to be delivered in September 2022, and new organic waste services to begin in October 2022. There has been delays in truck delivery dates, therefore the service start date may change, but the fees for the services will commence the date the services begin.

In order to meet all of the SB 1383 State requirements and deadlines new services and new fees will need to be established and implemented. The following is a summary of the new SB 1383 monthly service fees.

1. Residential Services: SB 1383 services add $8.60 per dwelling/month.

2. Commercial Services: SB 1383 services add 6.09% to the total fee.

3. Roll-Off Services: SB 1383 services add 1.89% to the total fee.

2. Fees related to Weekly Bulky Waste Collection Program In recent years, the City has experienced an increase in illegal dumping throughout the City. Illegal dumping occurs in vacant properties, on road shoulders, and within residential communities. Majority of illegal dumping is a result of unwanted bulky items that are not properly disposed of or not called in for proper bulky item pick-up. In an effort to address the need for bulky item waste collection to reduce illegal dumping throughout the City, a weekly bulky waste collection program was developed. This Item Number: 2.

SR-22-137
program will offer weekly bulky item pick up to all residential dwelling including multi-family dwellings, and commercial establishments serviced by carts an bins. This program is a new program and in addition to the existing quarterly bulky item pick-up program and the vacant land illegal dumping program, which will also remain. This new program will be an additional service at an additional new cost and fee. The new fees are as follows;
The following is a summary of the new Weekly Bulky Waste Collection Program monthly service fees.

1. Single Family Dwelling unit, $3.95 per month.

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

3. Multi-Family Dwelling Bin service per month for each weekly pick-up:
a. 2-cubic yard, $8.41.
b. 3-cubic yard, $12.61.
c. 4-cubic yard, $16.82.

3. Fees to be adjusted for Inflation
The Proposed Fee Increase also allows for solid waste fees to be adjusted for inflation pursuant to the Consumer Price Index for All Urban Consumers for Riverside-San Bernardino-Ontario Area (CPI-U), January to January.

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

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

Item Number: 2.

SR-22-137
5) Miscellaneous
a) Minor miscellaneous adjustments are made to some rates to account for variances.

Commercial Services:
1) Annual CPI adjustment
a) The Hauler Service Fee rate component, City franchise fee and the City Diversion Fee are adjusted +7.06% to the total fee.
2) Material Tip Fee Adjustment
a) The annual adjustment in Material Tip Fees has NOT been added. The formula changes in Material Tip Fees will be applied one year in arrears each July 1st beginning July 1, 2023 based on the actual change for the prior year to the previous year. 3) SB 1383 (for outreach, education, monitoring, reporting & container labeling) a) SB 1383 services add 6.09% to the total fee.
4) Weekly Bulky Waste Collection Rate
a) A new weekly bulky waste collection service adds $8.41 (2-CY bin), $12.60 (3-CY bin), and $16,82 (4-CY bin) per month to the cost for weekly refuse bin pickups. 5) Miscellaneous
a) Minor miscellaneous adjustments are made to some fees to account for variances. For example, most organic waste service fees have been reduced to reflect the anticipated opening of a new facility that is nearer to the city.

Roll-Off Services:
1) Annual CPI adjustment
a) The Hauler Service Fee rate component, City franchise fee and the City Diversion Fee component are adjusted +7.06% to the total fee.
2) Material Tip Fee Adjustment
a) Changes to material tip fees will occur based upon the tip fee charged at the facility at the time service is performed.
3) SB 1383 (for outreach, education, monitoring, reporting & container labeling) a) SB 1383 services add 1.89% to the total fee.

Item Number: 2.

SR-22-137
FISCAL IMPACT:

There is no fiscal impact as a result of this action.

ATTACHMENTS:

Exhibit 1 - Resolution Adopting Rates for Solid Waste Fees DRAFT Exhibit 1A - Schedule of Maximum Rates
Exhibit 1B - Rate Adjustment Methodology
Exhibit 1C - Bulky Item - Nexus Study
Exhibit 1C - SB 1383 - Nexus Study
Item Number: 2.

RESOLUTION NO. 2022-_______

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS APPROVING THE SOLID WASTE FEE INCREASE IN THE
AMOUNTS AS PROVIDED IN EXHIBIT A; AND DECLARING THAT NO

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

WHEREAS, the Proposed Fee Increase to be imposed are set forth in Exhibit “A” of this Resolution, which Exhibit A has both the current fees and the Proposed Fee Increase for the solid waste fees; and
WHEREAS, the Proposed Fee Increase for solid waste services would allow the fees to be adjusted annually to account for inflation and increases in material tip fees; and
WHEREAS, beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2026, the material tip fee component and the service component may be adjusted based on inflationary/fee changes multiplied by the component’s assigned percentage weighting as specified in the franchise agreement, to calculate the fee change; and
WHEREAS, the change to material tip fee component will be adjusted for the percentage change in tip fees charged by the solid waste facilities that receive, and process waste generated in Desert Hot Springs (“Tipping Fees”); and WHEREAS, the assigned material tip fees will be proportionate to total revenue at that time (currently 25.9% of the total fee for residential services and 13.0% of the total fee for commercial services); and
WHEREAS, roll-off services are billed at the actual tip fee for the tonnage collected; and
WHEREAS, the charge to the Service Component will be adjusted by the percentage change in the Consumer Price Index for All Urban Consumers for RiversideSan Bernardino-Ontario Area (CPI-U), January to January; and WHEREAS, the assigned service fees will be proportionate to total revenue at that time (currently 74.1% of the total fee for residential services and 87.0% of the total fee for commercial services); and
WHEREAS, roll-off service pull charges will be increased by the full amount of the change in the CPI-U and
WHEREAS, pursuant to proposition 218, the City Council makes all of the following findings:
a. The revenues derived from the Proposed Fee Increase shall not exceed the funds required to provide the property related services. b. The revenues derived from the Proposed Fee Increase shall not be used for any purpose other than that for which the proposed fee is imposed. c. The amount of the Proposed Fee Increase per parcel shall not exceed the proportional cost of the service attributable to the parcel.

Item Number: 2.

d. The Proposed Fee Increase will be actually used or it shall be immediately available for use.
e. The Proposed Fee Increase will not be used for general governmental services, including police, fire, ambulance, or library services; and WHEREAS, on April 19, 2022, the City Council adopted a “Resolution Of The City Council Of The City Of Desert Hot Springs Setting The Time And Place For A Public Hearing On The Solid Waste Fee Increase In Amounts As Provided In Exhibit A, Pursuant To The Nexus Study In Exhibit B; And Directing Staff To Proceed With Implementation In Accordance With Proposition 218;” and WHEREAS, pursuant to Section 6, of Article XIII(D), on April 22, 2022, Ten Thousand Five Hundred Ninety Eight (10,598) written notices were sent out to the property owners or tenants who are charged with receiving service notifying them of this hearing and their right to protest the Proposed Fee Increase. The notice was in writing and stated all of the following:
a. the amount of the Proposed Fee Increase proposed to be imposed upon each parcel; and
b. the basis upon which the amount of the Proposed Fee Increase was calculated; and
c. the reason for the Proposed Fee Increase; and
d. the date, time, and location of a public hearing on the Proposed Fee Increase; and that
e. each property owner has the right to submit a protest against the Proposed Fee Increase, either in writing or orally, to the City Clerk no later than the conclusion of the Public Hearing on September 16, 2008; and
WHEREAS, on May 25, 2022, and on June 1, 2022, proper notice was placed in the Desert Star Weekly newspaper notifying them of this hearing; and WHEREAS, the City has complied with the notice, protest, and hearing requirements of Proposition 218 with respect to the Proposed Fee Increase; and WHEREAS, on June 7, 2022, the City Council conducted the Public Hearing in the manner required by law and heard and considered all objections and protests to the Proposed Fee Increase; and
WHEREAS, at the close of the public hearing _______ oppositions were received; and
WHEREAS, the protests submitted in opposition were not greater than the majority of the parcels subject to the Proposed Fee Increase; and Item Number: 2.

WHEREAS, a majority protest does not exist; and
WHEREAS, having a resolution establishing solid waste fees is in the best interest of the public health, safety, and welfare.

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

Section 1. RECITALS
The recitals are incorporated.

Section 2. SETTING OF RATES
The Proposed Fee Increase to be imposed are attached hereto as set forth in Exhibit “A” of this Resolution, (which Exhibit A has both the current fees and the Proposed Fee Increase for the solid waste fees).

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

Section 5. EFFECTIVE DATE
That this Resolution shall be effective immediately. However, the Proposed Fee Increase will not be imposed until services is had.

Section 6. 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 7th day of June, 2022, by the following vote:

AYES:

NOES:

Item Number: 2.

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
_______________________________ ____________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_______________________________
Jennifer Mizrahi, City Attorney
Item Number: 2.

EXHIBIT A

PROPOSED FEE INCREASE
Item Number: 2.

City of Desert Hot Springs

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

Desert Valley Disposal, Inc.

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

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

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

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

RESIDENTIAL SERVICES
COMMERCIAL SERVICES, continued
Item Number: 2.

City of Desert Hot Springs

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

Desert Valley Disposal, Inc.

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

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

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

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

First bin $ 346.71 $ 305.39 First bin $ 432.73 $ 265.12 Each add'l bin collected with first bin $ 346.71 $ 305.39 Each add'l bin collected with first bin $ 432.73 $ 265.12 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, 1st bin n/a $ 75.00 One-time pickup, each add'l bin with 1st n/a $ 70.53 One-time pickup, each add'l bin with 1st n/a $ 61.23 Food waste: 3-CY bin:
35-gallon cart: First bin n/a $ 364.23
First cart $ 91.29 $ 38.34 Each add'l bin collected with first bin n/a $ 364.23 Each add'l cart collected with first cart $ 52.07 $ 38.34 One-time pickup, 1st bin n/a $ 84.12 One-time pickup, 1st cart n/a $ 25.00 One-time pickup, each add'l bin with 1st n/a $ 84.12 One-time pickup, each add'l cart with 1st n/a $ 5.82
65-gallon cart: Cannabis waste documentation fee: (13)
First cart $ 132.71 $ 56.82 Will call collections $ 38.61 $ 41.34 Each add'l cart collected with first cart $ 93.49 $ 56.82 Monthly charge for each weekly collection $ 167.33 $ 179.14 One-time pickup, 1st cart n/a $ 25.00
One-time pickup, each add'l cart with 1st n/a $ 13.12
COMMERCIAL SERVICES, continued
Service Service
COMMERCIAL SERVICES, continued
Item Number: 2.

City of Desert Hot Springs

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

Desert Valley Disposal, Inc.

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

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

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

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

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

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

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

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

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

ROLL-OFF SERVICES
Service Service
COMMERCIAL SERVICES, continued ROLL-OFF SERVICES, continued Item Number: 2.

City of Desert Hot Springs

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

Desert Valley Disposal, Inc.

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

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

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

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

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

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

MISCELLANEOUS SERVICES
ROLL-OFF SERVICES, continued MISCELLANEOUS SERVICE, continued Service Service
Item Number: 2.

City of Desert Hot Springs

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

Desert Valley Disposal, Inc.

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

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

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

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

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

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

FOOTNOTES, continued
Item Number: 2.

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

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

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

Commercial Services:
• Annual CPI adjustment
o The Hauler Service Fee rate component and the City Diversion Fee rate component are adjusted +7.06%.
o The City Franchise Fee automatically increases by the change in CPI. • Material Tip Fee Adjustment
o The annual adjustment in Material Tip Fees has NOT been added. The formula for a proposed amended and restated Franchise Agreement will now account for changes in Material Tip Fees one year in arrears.
• SB 138
o SB 1383 services add 6.09% to the total rate.
• Weekly Bulky Waste Collection
Item Number: 2.

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

o A new weekly bulky waste collection service adds $8.41(2-CY bin), $12.60 (3-CY bin), and $16,82 (4-CY bin) per month to the cost for weekly refuse bin pickups. • Miscellaneous
o Minor miscellaneous adjustments are made to some rates to account for variances. For example, most organic waste service rates have been reduced to reflect the anticipated opening of a new facility that is nearer to the city.

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

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

Item Number: 2.

EXHIBIT B

NEXUS STUDY
Item Number: 2.

Desert Hot Springs
Bulky Waste Program Proposal
Cost of Service
Workpaper

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

Methodology:

Table 1 determines the program cost.

Annual Cost Monthly Cost
Labor:

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

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

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

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

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

Item Number: 2.

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

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

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

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

Desert Hot Springs SB 1383 Program
Cost of Service

Desert Valley Disposal, Inc.

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

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

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

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

Item Number: 2.

Desert Hot Springs Weekly Bulky Waste Collection Program Cost of Service

Desert Valley Disposal, Inc.

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

DVD will deploy a collection vehicle operated by 2 collectors.

Item Number: 2.

SR-22-132
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: Community Development
Prepared by: Erick Becerril, Community Development Director Subject: 1) Resolution to Amend General Plan Zoning Map to Correct a Typographical Error to Reflect the Proper Zoning Designation for the Area Bounded by Yucca Drive, 12th Street, Palm Drive and Mesquite Avenue; and 2) An Ordinance to Amend the General Plan Zoning Map to Be Consistent With the General Plan Land Use Map for That Same Location
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) A) Adopt a Resolution of the City Council amending the General Plan Zoning Map to correct a typographic error to reflect the proper zoning designation for the area bounded by Yucca Dr., 12th Street, Palm Drive and Mesquite Avenue; and
B) Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending the General Plan Zoning Map to be consistent with the General Plan Land Use Map for the area bounded by Yucca Drive, 12th Street, Palm Drive and Mesquite Avenue, correcting a typographical error in the General Plan Zoning Map.

BACKGROUND:

General Plan Amendment
The proposed amendment to the General Plan Update (“GPU”) and Zoning Ordinance is to amend the General Plan Zoning Map to be consistent with the approved General Plan Land Use Map. On May 12th, 2020 the Planning Commission adopted Staff's recommendation to include revisions to the General Plan Update, Zoning Code, and EIR as recommended by City staff. The City’s General Plan Amendment consultant was MIG. The Zoning Map currently shows the zoning designation for the area bounded by Yucca Drive, 12th Street, Palm Drive, and Mesquite Avenue, as Residential Low (RL), which is incorrect. Upon review of the Land Use Policy Map, under the General Plan Land Use Element as adopted in 2020, this area is designated as a Visitor-Serving (V-S) land use designation, which is intended to be predominantly developed with spa/resort type uses and residential uses. As such, there is an inconsistency between the land use designation and zone district. The area Item Number: 3.

SR-22-132
bounded by Yucca SR-22-132 Drive, 12th Street, Palm Drive, and Mesquite Avenue, should be corrected to read Visitor Serving Mixed (VS-M). According to Section 65860 of the California Government Code, city zoning ordinances shall be consistent with the general plan of the city. The consultant who drafted the map, MIG, has written a letter (Exhibit 2) stating that the General Plan Land Use Map is correct and the typographical oversight errors have been addressed in the amended map. The proposed Resolution will correct the typographical errors contemplated herein to the General Plan Amendment.

Zoning Map Amendment to the DHSMC
The corresponding Zoning District should be Visitor-Serving Commercial (VS-C). Since this area predominately consists of existing single-family units, the VS-M appears to be the appropriate Zone District that should be applied to this area, and thereby establish consistency with the Visitor-Serving (V-S) land use designation. The VS-M district allows both visitor serving and residential uses, although not concurrently on one property. As such, it is recommended that this area be designated as VS-M under the Zoning Map. The General Plan Land Use designations indicate the location and extent of development and land uses throughout the City and the intensity and population density of development. To accomplish this, the Land Use Map indicates the location of the various categories of land uses. The Land Use categories or “designations,” indicate the type of development permitted for all areas in the City and the Sphere of Influence (County areas). The associated zoning map needs to harmonize with the General Plan Land Use map and mirror all appropriate zoning designations. This amendment is to adopt the correct zoning map for the City of Desert Hot Springs.

On May 10th, 2022, the City of Desert Hot Springs Planning Commission adopted a Resolution of the City of Desert Hot Springs, California, recommending to the City Council to: 1) Amend General Plan Amendment Zoning Map to correct a typographic error to reflect the proper zoning designation for the area bounded by Yucca Drive, 12th Street, Palm Drive and Mesquite Avenue; and 2) Adopt an Ordinance to amend the General Plan Zoning Map to be consistent with the General Plan Land Use Map for that same location.

DISCUSSION:

The proposed amendment to the General Plan Update (“GPU”) and Zoning Ordinance is to amend 1) General Plan amendment Zoning Map to correct a typographic error to reflect the proper zoning designation for the area bounded by Yucca Drive, 12th street, Palm Drive and Mesquite Avenue; and 2) Adopt an ordinance to amend the General Plan Zoning Map to be consistent with the General Plan Land Use Map for that same location
FISCAL IMPACT:

None.

ENVIRONMENTAL ANALYSIS:

On May 26, 2020, the City Council approved the General Plan Update and in doing so adopted the Environmental Impact Report (EIR). Pursuant to Section 15162(a) of the CEQA regulations, once an EIR has been adopted for a project, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review. No significant changes are proposed as a part of the proposed project. It has been verified with the mapping consultant (MIG) that all these parcels were correctly accounted for during the development of the adopted General Plan EIR.

ATTACHMENTS:

Item Number: 3.

SR-22-132
Exhibit 1 - Zoning Map
Exhibit 2 - Letter from MIG
Exhibit 3 - Resolution
Exhibit 4 - Ordinance
Item Number: 3.

Exhibit 1
Item Number: 3.

April 8, 2022
Erick Becerril, Community Development Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Subject: General Plan Land Use Designation and Zoning Map Inconsistency Dear Mr. Becerril,
It has been identified that there appears to be an inconsistency between the General Plan Land Use Policy Map and Zoning Map for the neighborhood bounded by Yucca Drive, 12th Street, Palm Drive, and Mesquite Avenue. According to Section 65860 of the California Government Code, city zoning ordinances shall be consistent with the general plan of the city.

Upon review of the Land Use Policy Map, under the General Plan Land Use Element as adopted in 2020, this area is designated as a Visitor-Serving (V-S) land use designation, which is intended to be predominantly developed with spa/resort type uses and residential uses. Under the Zoning Map, it is designated as Residential Low (R-L), which allows low-density, single-family residential uses, but does not allow any spa/resort type uses. As such, there is an inconsistency between the land use designation and zone district.

The corresponding Zoning District should either be Visitor-Serving Mixed (VS-M) or VisitorServing Commercial (VS-C). Since this area predominately consists of existing single-family units, the VS-M appears to be the appropriate Zone District that should be applied to this area, and thereby establish consistency with the Visitor-Serving (V-S) land use designation. The VS-M district allows both visitor-serving and residential uses, although not concurrently on one property.

As such, it is recommended that this area be designated as VS-M under the Zoning Map.

Sincerely,
Jose M. Rodriguez
Senior Project Manager
Item Number: 3.

RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS: AMENDING GENERAL PLAN ZONING MAP TO

CORRECT A TYPOGRAPHIC ERROR TO REFLECT THE PROPER

ZONING DESIGNATION FOR THE AREA BOUNDED BY YUCCA DRIVE, 12TH STREET, PALM DRIVE AND MESQUITE AVENUE
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 Resolution; 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 Resolution, there are no substantial changes in the environmental impacts; and
WHEREAS, the General Plan Amendment was and is a comprehensive planning document which took years to prepare; and
WHEREAS, after the duly noticed Public hearing at the Planning Commission on May 12, 2020, the Planning Commission understood the complexity and enormity of the General Plan Amendment and adopted Staff’s recommendation which was:
“Recommendation to include revisions to the General Plan Update, Zoning Code, and EIR as recommended by City staff and identified during the staff presentation.

Recommendation that staff review the wind energy policies and requirements within the Riverside County General Plan and County Zoning Ordinance and where warranted, include in the future update to the Desert Hot Springs Zoning Code.

Item Number: 3.

Recommendation that staff has the ability to make minor revisions to the General Plan and/or Zoning Code to address any typographical errors and/or technical corrections prior to the City Council meeting. These changes will be presented to the City Council for approval in the form of an errata.”; and WHEREAS, although the City Council has already adopted the General Plan Amendment, the Planning Commission’s intent was to allow City Council to address typographical errors and/or technical corrections; and
WHEREAS, the City’s General Plan Amendment consultant was MIG; and WHEREAS, the Zoning Map currently shows the zoning designation for the area bounded by Yucca Drive, 12th Street, Palm Drive, and Mesquite Avenue, as Residential Low (R-L), which is incorrect; and
WHEREAS, the area bounded by Yucca Drive, 12th Street, Palm Drive, and Mesquite Avenue, should be corrected to read Visitor Serving Mixed (VS-M); and WHEREAS, the Planning Commission held a duly noticed Public Hearing on this proposed change and recommended to the City Council to adopt this Resolution; and WHEREAS, all environmental documents when adopting the General Plan took into consideration the more intense use of VS-M; and
WHEREAS, the proposed Resolution will correct the typographical errors contemplated herein to the General Plan Amendment; and
WHEREAS, the City Council finds that this proposed Resolution is merely to correct typographical errors and reflect what should have been adopted; and WHEREAS, having reviewed and considered all testimony and materials made available to the City, including but not limited 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 Resolution, the City adopted this Resolution.

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

Section 1. RECITALS
The above recitals are hereby incorporated herein.

Section 2. ADMINISTRATIVE RECORD
The City Council considered all of the evidence submitted into the administrative record for the recommendations listed in this Resolution, including, but not limited to, the following:
(a) Desert Hot Springs Municipal Code and Desert Hot Springs General Plan; Item Number: 3.

(b) All environmental documents;
(c) Staff Report;
(d) Testimony and/or comments from interested parties submitted to the City in both written and oral form at, or prior to, the public hearing conducted at the Planning Commission meeting and City Council on this item; (f) Public comments, both written and oral, received and/or submitted at, or prior to, the public hearing and all supporting and/or opposing this proposed Resolution.

Section 3. ENVIRONMENTAL FINDINGS.

Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City Council determines:

Pursuant to the California Environmental Quality Act (“CEQA”), Pubic 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. The City adopted and approved, pursuant to the CEQA Guidelines Section 15093, the Statement of Overriding Considerations. Therefore, CEQA analysis has already been performed for this Resolution. 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. For this Resolution, there are no substantial changes in the environmental impacts.

Further, the environmental documents analyzed the more intense use of VS-M, and not R-L.

Section 4. FINDINGS FOR GENERAL PLAN AMENDMENT
The City Council has considered all of the evidence submitted into the administrative record for the proposed Resolution and in accordance with Section

17.100.050 of the Desert Hot Springs Municipal Code, bases its recommendation on the following findings:

A. That the proposed amendment is internally consistent with the General Plan; B. That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City;
C. That the proposed amendment would maintain the appropriate balance of land uses within the City; and
Item Number: 3.

D. That in the case of an amendment to the General Plan Land Use Map, the subject parcel(s) is physically suitable (including, but not limited to access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s).

E. That the proposed amendment merely fixes typographical errors.

Section 5. GENERAL PLAN AMENDMENT
The City Council hereby approves the attached amended page(s) to the General Plan Zoning Map No. GPA-20-1, which are attached hereto and incorporated herein as Exhibit “A”:

Zoning Map, of the General Plan (to correct the Zoning Map reflecting the proper zoning of VS-M for the area bounded by Yucca Drive, 12th Street, Palm Drive, and Mesquite Avenue)
Section 6. CERTIFICATION
The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of the City; and shall make a minute of passage and adoption thereof in the records of the proceedings.

Section 7. SEVERABILITY
That if 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 8. REPEAL OF CONFLICTING PROVISIONS
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.

Section 9. EFFECTIVE DATE

That this Resolution shall take effect pursuant to State law.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting duly held on the June 7, 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

Item Number: 3.

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

Item Number: 3.

EXHIBIT A
Item Number: 3.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS AMENDING THE GENERAL PLAN ZONING MAP TO

BE CONSISTENT WITH THE GENERAL PLAN LAND USE MAP FOR
THE AREA BOUNDED BY YUCCA DRIVE, 12TH STREET, PALM DRIVE

AND MESQUITE AVENUE, CORRECTING A TYPOGRAPHICAL

ERROR IN THE GENERAL PLAN ZONING MAP
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, after a duly noticed public hearing, on May 26, 2020, the City 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”), Pubic 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, the General Plan Amendment included changes to certain commercial land use district designations which now must be incorporated into the Zoning Code to ensure compliance with the General Plan Amendment; 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, after the duly noticed Public hearing at the Planning Commission on May 12, 2020, the Planning Commission understood the complexity and enormity of the General Plan Amendment and adopted Staff’s recommendation which was:
“Recommendation to include revisions to the General Plan Update, Zoning Code, and EIR as recommended by City staff and identified during the staff presentation.

Item Number: 3.

Recommendation that staff review the wind energy policies and requirements within the Riverside County General Plan and County Zoning Ordinance and where warranted, include in the future update to the Desert Hot Springs Zoning Code.

Recommendation that staff has the ability to make minor revisions to the General Plan and/or Zoning Code to address any typographical errors and/or technical corrections prior to the City Council meeting. These changes will be presented to the City Council for approval in the form of an errata.”; and WHEREAS, although the City Council has already adopted the General Plan Amendment, the Planning Commission’s intent was to allow City Council to address typographical errors and/or technical corrections; and
WHEREAS, the City’s General Plan Amendment consultant was MIG; and WHEREAS, the Zoning Map currently shows the zoning designation for the area bounded by Yucca Drive, 12th Street, Palm Drive, and Mesquite Avenue, as Residential Low (R-L), which is incorrect; and
WHEREAS, the area bounded by Yucca Drive, 12th Street, Palm Drive, and Mesquite Avenue, should be corrected to read Visitor Serving Mixed (VS-M); and WHEREAS, the Planning Commission held a duly noticed Public Hearing on this proposed change and recommended to the City Council to adopt this Ordinance; and WHEREAS, all environmental documents when adopting the General Plan took into consideration the more intense use of VS-M; and
WHEREAS, the proposed Ordinance will correct the typographical errors contemplated herein to the DHSMC; and
WHEREAS, the Planning Commission recommended to the City Council that it adopt an Ordinance to reflect the proper zoning of the area bounded by Yucca Drive, 12th Street, Palm Drive, and Mesquite Avenue, changing from R-L to VS-M; and WHEREAS, this proposed Ordinance is best for the public health, safety and welfare to ensure compliance with the General Plan Amendment.

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.

Item Number: 3.

Section 2. DHSMC AMENDMENT
The City Council hereby amends the DHSMC to reflect the proper zoning of the area bounded by Yucca Drive, 12th Street, Palm Drive, and Mesquite Avenue, changing from R-L to VS-M.

Section 3. ENVIRONMENTAL FINDINGS.

Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City Council determines:

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. The City adopted and approved, pursuant to the CEQA Guidelines Section 15093, the Statement of Overriding Considerations. Therefore, CEQA analysis has already been performed for this Resolution. 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. For this Resolution, there are no substantial changes in the environmental impacts. Further, the environmental documents analyzed the more intense use of VS-M, and not R-L.

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

Section 6. GENERAL FINDINGS
The City Council finds this Ordinance is not detrimental to the public interest, health, safety, convenience, or welfare of the City.

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.

Item Number: 3.

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.

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
_______________________________
Scott Matas, Mayor
APPROVED AS TO FORM:
_______________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 3.

SR-22-133
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: Community Development
Prepared by: Erick Becerril, Community Development Director Subject: An Ordinance Amending Section 17.180.048 Allowing Marijuana Entertainment Facilities to Be Located in Any Downtown Commercial District With a Conditional Use Permit
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of staff from the City Council;
3) Open the Public Hearing;
4) Take public testimony for those in favor;
5) Take public testimony for those opposed;
6) Take public testimony for 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: "An Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 17.180.048 Marijuana entertainment facilities and Table 17.12.01 to allow for Cannabis Entertainment Facilities in C-D (Commercial Downtown) Zoned Districts."
BACKGROUND:

The City of Desert Hot Springs is working on innovative ways to bring unique experiences to the Downtown District. The local cannabis culture has evolved over the last few years resulting in an increase in canna-tourism. The cannabis consumption experience has become a new hyper-focus for emerging industry leaders. Staff is proposing a change to the zoning code to allow for Marijuana Entertainment Facilities in the Downtown District with the approval of a Conditional Use Permit.

On May 10th, 2022, the City of Desert Hot Springs Planning Commission recommended that the City Council adopt an Ordinance of the City Council of the City of Desert Hot Springs, California, Amending Chapter 17.180.048 Marijuana entertainment facilities and Table 17.12.01 to allow for Cannabis Entertainment Facilities in C-D (Commercial Downtown) Zoned Districts.

DISCUSSION:

The proposed amendment is to amend Chapter 17.180.048 Marijuana Entertainment Facilities and Table 17.12.01 Amending: 1) Chapter 17.12.01 “Marijuana Entertainment Facilities”; And 2) Permitted Uses Table 17.12.01 “PERMITTED USES – COMMERCIAL AND VISITOR SERVING DISTRICTS.” Item Number: 4.

SR-22-133
The amended chapter and table would allow for cannabis entertainment facilities in the downtown commercial zoning district.

The downtown commercial zoning district is located within the boundaries of 1st Street (North), Mesquite Ave. (East), Buena Vista Ave. (South), and Cactus Dr. (West). The majority of the Commercial Downtown Parcels are located off of Pierson Avenue between Cactus (West) and Mesquite (East).

Exhibit 1 shows the boundaries.

FISCAL IMPACT:

Any Marijuana Entertainment Facilities selling cannabis would be required to pay cannabis taxes per the City's Municipal Code.

ENVIRONMENTAL ANALYSIS:

On May 26, 2020, the City Council approved the General Plan Update and in doing so adopted the Environmental Impact Report (EIR). Pursuant to Section 15162(a) of the CEQA regulations, once an EIR has been adopted for a project, no subsequent environmental review needs to be completed unless there are substantial changes in the project that warrant additional review. No significant changes are proposed as a part of the proposed project.

ATTACHMENTS:

Exhibit 1 - Downtown Commercial Boundaries
Exhibit 2 - Ordinance
Item Number: 4.

Exhibit 1
Item Number: 4.

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, AMENDING SECTION 17.180.048 ALLOWING

MARIJUANA ENTERTAINMENT FACILITIES TO BE LOCATED IN ANY

DOWNTOWN COMMERICAL DISTRICT WITH A CONDITIONAL USE
PERMIT
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, Chapter 5.50 “Marijuana Facilities Regulatory Permit,” of the Desert Hot Springs Municipal Code (“DHSMC”) establishes standards for granting permits to Marijuana Facilities within the City; and
WHEREAS, Chapter 17.180, of the DHSMC establishes zoning regulations and development standards for Marijuana Facilities, as that term is defined, within the City; WHEREAS, currently, the DHSMC only allows Marijuana Entertainment Facilities in any Commercial District, except the Commercial Downtown District; and WHEREAS, the City has been contacted by several cannabis developers who wish to build cannabis-friendly entertainment facilities in the Commercial Downtown District; and; to create a more inclusive cannabis culture which would have a beneficial social and economic impact to the new and existing businesses located in the downtown corridor. The inclusion of cannabis entertainment facilities will create more economical opportunities for local cannabis to be purchased and consumed in the City of Desert Hot Springs as thus providing additional revenue streams for cannabis retailers in the downtown corridor.

WHEREAS, therefore, City Council action is needed to allow for Marijuana Entertainment Facilities in the Commercial Downtown District; and WHEREAS, the City Council deems to allow Marijuana Entertainment Facilities uses as beneficial to the City inasmuch as the City will realize tax benefits, and it will also benefit the businesses to allow for such augmentation to their business models; and
WHEREAS, the City Council finds that 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; and WHEREAS, this Ordinance protects the public health, safety and welfare; and WHEREAS, the Planning Commission held a duly noticed hearing on this Ordinance and recommended that the City Council adopt same; and Item Number: 4.

WHEREAS, this Ordinance is compatible with the general objectives of the General Plan and any applicable specific plan; and
WHEREAS, this Ordinance protects the public health, safety and welfare.

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

Section 1. RECITALS.

The Recitals are hereby incorporated by this reference.

Section 2. AMENDING SUBSECTION 17.180.048(a) TO THE DESERT HOT

SPRINGS MUNICIPAL CODE
Subsection 17.180.048(a) of Chapter 17.180 of the Desert Hot Springs Municipal Code shall be amended to read as follows and the remainder of Section17.180.048 shall be left as is.

17.180.048 Marijuana Entertainment Facilities
a Permitted Locations. Marijuana Entertainment Facilities shall only be located in any Commercial District (except the Commercial Downtown District), any Industrial District or the Mixed-Use Corridor District in the City.

Section 3. AMENDING THE LAND USE TABLE OF THE DESERT HOT

SPRINGS MUNICIPAL CODE
The land use table shall reflect that Marijuana Entertainment Facilities are allowed with a conditional use permit in any the Commercial District Industrial District or Mixed-Use Corridor District as follows:

MARIJUANA USES
Marijuana Nonstorefront Retail — — — — CUP1,2 —
Marijuana Distribution — — — — CUP1,2 —
Marijuana Cultivation — — — — CUP1,2 —
Marijuana Entertainment Facilities CUP CUP CUP CUP CUP CUP Marijuana Hotel Facilities CUP CUP — CUP CUP CUP
Marijuana Manufacturing — — — — CUP1 —
1 In Industrial
Cannabis Overlay
Zone, marijuana use
cannot be a standalone use and must in
center with other
retail/commercial uses.
2 In Overlay Zone use
Ch. 17.180 as default
regulations.

Marijuana Storefront Retail CUP CUP — CUP CUP — 17.180.040 Marijuana Testing Facilities P P P P P P 17.180.070
Section 4. SEVERABILITY
Item Number: 4.

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

Section 5. 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 6. EXECUTION AND CERTIFICATION
That the City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be published according to law.

Section 7. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its second reading by the City Council.

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:
_______________________________
Jerryl Soriano, City Clerk
_______________________________
Scott Matas, Mayor
APPROVED AS TO FORM:
_________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 4.

SR-22-134
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Appointment to the Planning Commission to Fill One (1) Vacancy for Unexpired Term
RECOMMENDATION:

Ratify Council Member Betts' appointment of Derward Cook to the Planning Commission to fill one (1) vacancy consisting of an unexpired term through January 2023.

DISCUSSION:

Ted Mayrhofen resigned from the Planning Commission effective May 11, 2022, resulting in one (1) vacancy.

Appointment Process:

Pursuant to Desert Hot Springs Municipal Code (“DHSMC”) Section 2.24.030, if vacancies in any commission occur other than by expiration of term, such vacancy shall be filled by appointment of the Council Member who appointed the Commissioner being replaced, with ratification by a majority of the City Council. Accordingly, Council Member Betts is designated by the Municipal Code to appoint his replacement.

Additionally, pursuant to DHSMC Section 2.24.020, the term of the replacement appointment for an interim vacancy is for the “unexpired” term of the member replaced.

Lastly, Resolution 2020-029 adopted on June 2, 2020, provides that:

6.3 Commissions.

In furtherance of DHSMC Sections 2.24.020(a) dealing with Commission appointments, and

2.24.030(a) dealing with Commission vacancies, all members of the City Council shall have an opportunity to review the applications of the Commission applicant(s) as follows:

Item Number: 5.

SR-22-134
a) The Councilmember who is responsible for the appointment of a Commissioner shall notify the City Clerk prior to time the agenda is posted for the meeting at which the proposed Commissioner appointment is to be made of the name of the proposed Commissioner. The City Clerk shall include the names and applications of all persons who submitted an application for the Commission in the agenda packet, including that of the proposed Commissioner. b) The proposed Commissioner, but not all applicants, shall appear at the council meeting when the appointment is being made and shall be available to answer questions from the councilmembers.

Pursuant to The Maddy Act (set forth in Government Code Section 54970 et. seq.), a special vacancy notice shall be posted not earlier than 20 days before, or not earlier than 20 days after the vacancy occurs. Final appointment shall not be made for at least 10 days after the posting of the notice. The City Clerk posted the notice on May 11, 2022 (Exhibit 1).

Applicants:

Three (3) applications were received for this vacancy:

Name Date Submitted
1) John Aguon May 11, 2022
2) Derward Cook May 25, 2022
3) Bea Cortes May 26, 2022
The following applicants previously applied during the January 2021 commission appointments for this current term:

FISCAL IMPACT:

Pursuant to Municipal Code Section 2.32.050, Planning Commissioners receive a salary in the amount of $100 per any officially convened Commission meeting that they attend.

ATTACHMENTS:

Exhibit 1 - Vacancy Notice
Exhibit 2 - Commission Application - John Aguon
Exhibit 3 - Commission Application - Derward Cook
Exhibit 4 - Commission Application - Bea Cortes
Item Number: 5.

NOTICE OF UNSCHEDULED VACANCY

PLANNING COMMISSION
Pursuant to Section 2.24.030 of the City of Desert Hot Springs Municipal Code (“DHSMC”), notice is hereby given that one (1) vacancy exists on the Planning Commission.

ABOUT THE PLANNING COMMISSION:

Pursuant to DHSMC Chapter 2.24.020, the Planning Commission shall consist of five (5) members each appointed by one (1) member City Council, and ratified by a majority vote of the City Council. Members are appointed for two-year terms (current term expires January 2023).

Position Incumbent Appointed On Term Expires Appointed By Chair Richard Duffle January 19, 2021 January 2023 Jan Pye Vice-Chair James Nindel January 19, 2021 January 2023 Scott Matas Commissioner Requita Grant January 19, 2021 January 2023 Roger Nuñez Commissioner Ted Mayrhofen VACANT January 19, 2021 January 2023 Russell Betts Commissioner Christopher Wagstaff February 15, 2022 January 2023 Gary Gardner Meetings:

Regularly scheduled meetings of the Planning Commission are held on the 2nd Tuesday of each month at 6:00 p.m. at City Hall/Council Chamber, located at 11999 Palm Drive in Desert Hot Springs.

Purpose:

The City's success is linked to its ability to plan for the future. As such, the Planning Commission plays a vital role. The commission’s responsibilities include:
 Ongoing evaluation of the City's building codes and ordinances;  Continual update of the City’s General Plan;
 General oversight of zoning review and variances.

Compensation:

Each member of the Planning Commission shall receive a salary in the amount of $100.00 per meeting (DHSMC 2.32.050).

APPOINTMENT PROCEDURE:

Applications can be submitted online at www.cityofdhs.org or at City Hall. Completed Applications may be submitted to the Office of the City Clerk at 11-999 Palm Drive, Desert Hot Springs, CA 92240 or via email to [email protected].

Application Deadline
The deadline to submit completed application is 6:00 P.M. on June 1, 2022. The City Council is scheduled to consider the appointment at the June 7, 2022 City Council Meeting.

This notice was duly posted as required by law. Final appointment will not be made by the City Council for at least ten working days after the posting of this notice. 11-999 PALM DRIVE • DESERT HOT SPRINGS • CA • 92240(760) 329-6411 www.cityofdhs.org

CITY OF DESERT HOT SPRINGS

OFFICE OF THE CITY CLERK
Item Number: 5.

Commission/Board Application
Y0lH‘AppIi'(L1[lUnwin he Isansidered by meDesert Hot Springs r, mrsancy exists an a cmnni sion Beard my\vhz'L‘Iiyou have nppiied. If[her nineii pm\'i'de'd mma
'5 no vacancy.
your nppzimximi will be kept on filemy1 year [0 be miisi'dei'e'd when an opening does 0 Residency
Registered Vuter
“Wee
Length «(Residency in the City nf Desert Hot Springs
3 and 1/2 years
(Example: 2 Years)
Are ynn a Registered vmer in the City of Desert Hot Springs? Yes
N0

GENERAL INFORMATION
Last Name
First Name
Address *
Plume Number *
Email Address
Aguon
John
Street Address
Address Line 2
City
Desert Hot Springs
Pnstal I zip Code
92240
Slate / province / Region
CA
Cnlmlry
United States

WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
an PLANNING CDMIVJISSION
15:.‘Choice Zrid Choice Nat Interested
Meets the 2IId Tuesday nf each month at 6:00 p.m.
mmmiw w
1963
O
V
I‘
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X
Item Number: 5.

QUESTIONS

PUBLIC SAFETY COMMISSION
Zrld Choice
Meets the 2nd Thursday oi each month at 6:00 p.m.
1st‘Choice Nat Interested
The iollowiug iutormation consists nf some IIIthe (actors used by the city Council, and/or subcommittee thexenf to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.

Eile upload (optional)
Background / work Experience / civic luvolvement
Musician 40 years. Touring. producing, managing, recording etc. Many of my shows pertained specifically to fundraising for St. Jude's. Able Forces and Wounded Warriors etc.
occupation and Employer (If retired, utdicate last occupation/employer) I am a retired house husband currently raising 4 sons with my wife Jennifer.

Education / -iraining
I have a GED with some college in Business.

Have you served on a city Cnmmissinn/Board in the city orDesert Hot springs or any other City?
No Yes (Ifyes, please describe below)
Have you ever attended a city council meeting?
No Yes
Have you ever attended a city commission meeting?
No Yes (Ifyes, list which Commissions below)
Describe your knowledge of the iuuctions, regulalinns and procedures of the commission/Eoard (your 1st choice) on which you would like to serve.

I'm interested in helping this city grow in whatever way I can. what speciiic skills, attitudes, and experience do you think you have that will enhance the work oi the Commission/Board
My experiences as a musician dealing with people on several levels professionally and publicly affords rne unique perspectives and insight that could prove useful to our city.
what speciiic issues or problems racethe Commissionlllnarrl? Do you have suggestions to address these issues or problems?
I'd really like to address our homeless and addicted folks. I think itshould be mandatory that we take steps to help these people who are struggling on our streets and yea I do have some ideas...

Please feel free tn inclllrle a resume, letter(s) of recommendation, etc.

Item Number: 5.

Appointed commissioners may he required to submit a Fair political l>ractices Commission (FPPC), statement orEconnmic Interests Fnrln (Form 790) pursuant to CA Gnvernment cnde § B7200 and/oc Desert Hot springs Mtnticipal code § 2.20.059.

As an appointed conrnrissinner nc lmardmemlmr, state law requires two lnmrs nf training in general etlrical pcinciples and ethics laws every two years. More i||forlnm1'o|| will be provided npnn appnilmnenl. some or all oi the content contained in tlris application and its attaclinients may be snbject to disclosnre pncsnant tn tlre California Public Records Act (CA Government code § 6250, El seq.)
signatnre *
l certify tliat the above statements are true and correct tn arebest oi my knowledge 3/
Item Number: 5.

Commission/Board Application
min AppIi'(L1[lL7nwin he Isansidered by meDesert Hot Springs r, mrsancy exists an a cmnni .si'on Beard my\vhz'L‘Iiyou have nppiied. If[her mricil pm\'i'de'd mma
'5 no vacancy.
your nppzimximi will be kept on filemy1 year [0 be miisi'dei'e'd when an opening does 0 Residency
Registered Vuter
\\\‘\\“‘“/
f‘7‘1“%
Length «(Residency in the City nf Desert Hot Springs
10 Years
(Example: 2 Years)
Are ynn a Registered vmer in the City of Desert Hot Springs? Yes
N0

GENERAL INFORMATION
Last Name
First Name
Address *
Phone Number *
Email Address
Cook
Derward
Street Address
Address Line 2
City
Desert Hot Springs
Pnstal I zip Code
92240
Slate / Province / Reginll
CA
Cnlmlry
United States

WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
an PLANNING CDMIVJISSION
15:.‘Choice Zrid Choice Nat Interested
Meets the 2IId Tuesday nf each month at 6:00 p.m.
mmmiw w
1963
O
V
I‘
-4‘*7
o
-z> &
Item Number: 5.

* PUBLIC SAFETY COMMISSION
15: Choice 2nd Choice Nat Interested
Meeis the 2nd 'I'IIIIrsday oi each montll at 6:00 11.11].

QUESTIONS
The following infnrlnation consists nf some nf the Iactnrs used by useCity Council, andlor snbeomminee ineienr to select ?nal applicants: 1) Background, eoncaiion, expeiience to demonstrate sound jlldgelnent; 2) Diversity in commission membership; and 3) anenaaneeat commission meenngsprinl‘ to considera?om Background / Work Experience I Civic Involvement
I have over 40 years of executive management experience in the advertisinglmarketing and public relations ?eld. During my career, my expertise in project development and management was only surpassed by my communication and organizational skills in dealing with upper management level clients. I have always had a keen interest in government and civic functions in every city that I have lived.including Waco. TX. Dallas.TX, Palm Springs. CA. Rancho Mirage, CA.

Cathedral City. CA and now Desert Hot Springs. CA. My interest in government was also a product of working for several of my clients campaigning for political offices at the local.county and state levels. However. my initial interest in government and politics began when I was in college and was elected Student Senate Treasurer.

During this same time.while sewing as Vice—President of Phi Theta Kappa Honors Society I attended a National Honors Conference at Georgetown University and was selected from 500 attendees as one of 20 recipients as a National Honor Scholar. based upon my presentation of the comparison of Texas government workings versus Untied States government workings.

Occupation and Elnplnyer (If retired, indicate last occllpalionlelnployer) Owned and operated my own advertising. marketing and graphic design business.

Interfacing at all levels with a wide variety of clients from small "mom and pop" businesses to multibillion dollar corporations.

Education I "training
I attended Navarro College in Corsicana, TX for two years. graduating Summa Cum Laude with a 4.0 GPA earning an Associates Degree in Fine Art. While attending Navarro. I was also Vice—President of Phi Theta Kappa. National Honor Scholar, President of Alpha Rho Tau and Student Senate Treasurer. I was also awarded the Navarro College Leadership and Unselfish Service Award along with being selected by my peers as Mr. Navarro College. I went on to ?nish my college career in another

1.5 years at Sam Houston University in Huntsville, TX, graduating with High Honors earning a Bachelor of Fine Arts degree.

Have ynn served on a City Cnlnlnission/Board in the City of Desert Hot spiings or any other City?
No yes (If yes, please describe below)
Have ynn Ever anendeo a City cnnneit meeting?
No yes
Item Number: 5.

File Uplnad (optional)
Have ylm ever attended a city commission meeting?
No Yes (lfyes, list which Commissions below)
City Planning Commission and Public Safety Commission
oescrihe your knowledge of tlie iunctions, regulations and prncedures of tire commission/laoard (your 1st clioice) on which you would like to serve.

The planning commi
important ways. First, it acts as an advisory board to the main governing body on all planning and development issues. Second. the commission assures that all land use decisions. including individual projects, are consistent with the pol s and plans adopted by the governing body. Just as you build a building one brlck at a time, you implement a community v on one project at a time. Third.the commission ion plays a central role in the planning process in three advocates for the best interests of all community members regarding land use and development policy and projects. However. most planning commis ion actions can be appealed to the elected governing body. which can uphold the commission's decision. overturn it.modify it or send it back for further study. wlrat spetirrc skills, attitudes, and experience do you think you liave tlrat will enlrance tlre work oi tlie Colnlnissioll/Board
I have many years of project management. troubleshooting and problem solving skills. This experience has inherently given me excellent organizational and communication abilities which would be very bene?cial to the Planning Commission.

I have proven over and over again, in both my professional career and personal life. that my positive "can do" approach to every endeavor Istrive to achieve has warranted success. No matter if its a multifaceted. complex project or a small, simple job. I pride myself in giving each and every one my full attention in order to achieve the best result possible.
wlrat spetirrc issues or problems face tlre Colnlnissionlllnard? no you liave suggestions to address tliese issues or problems?
Personally. being more of a "hands on" and "take ownership" type of individual, I would like to see the Planning Commission give all projects the close, detailed inspections they deserve in order to assure that they best serve Desert Hot Springs and the city's residents. Rather than simply giving "rubber stamp approval" to projects initially submitted to the Planning Commission. this would also guarantee the proper examination needed to provide positive future growth for our growing community.

Please feel free In include a resume, letter(s) of recommendation, etc.

Appointed commissioners may he required to sulmrit a Fair political l>ractices commission (FPPC), statement orEconnmic Interests Fnrln (Form 790) pursuant to CA Gnvernment cnde § B7200 and/or Desert Hot Springs Mmricipal code § 2.20.059.

As an appointed conmrissitrner nr boardmemlmr, state law requires twn lmurs nf training in general etlrical principles and etlries laws every two years. More iltforlnation will be provided uptm appninnnent. some or all ol tlie cnntent contained in tlris application and its attacliments may be subject to disclosure pursuant In useCalifornia Public Records Act (CA Government code § 6250, El seq.)
Item Number: 5.

Item Number: 5.

Commission/Board Application
Y0urAppIim[imi will be I:mi5ie1£'redl7_\'t}ie Desm Hot Springs r, i 7um‘1'lpI'm'ide'dmma vacancy erisrs an a Canmi .sion Baard my\vh1'L‘Iiyauhave applied. Ifam '5 no mmncy. Q your t1pp[1L‘ati011will be kept on filefor1 year [0 be considered when an npening does :- " \\x\\\\\“‘‘“‘‘ *7
0 a fee“ .m,m.r, e ,.
1963
, ,
Residency Lengui at Residency in meCity nf Desert Hot springs (Example: 2 years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
N0

GENERAL INFORMATION
Last Narne* Cones
First Narne* Bea
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs Ca
Pnslal I zip Code cnnniry
92240 USA
Phone Number * -
E-naileddms R

WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order of preference.
* PLANNING CDMIVJISSION
1:: Choice Zrid Choice Nat Interested
Meeis die 2nd Tuesday nf earnllmnlh at 6:00 p.rn.

Item Number: 5.

PUBLIC SAFETY COMMISSION
Isl‘ Choice 2nd Choice Not Interested
Meets the 2nd Thursday oreach month at 6:00 p.m.

QUESTIONS
The iollowmg intormation consists nf some nf the iactors used by the city Council, and/or subcommittee tlmmnf to select iinal applicants: 1) Eacltground, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.

Background / work Experience / civic involvement
Grand Terrace City Council Member, Former
V.P. San Bernardino Associated Governments (SANBAG), Former Sub—Regiona| Appointee, Southern California Association of Governments, Former Lobbyist. David Turch &Associates, Washington DC, Former Field Representative, CA State Senate. Former
Field Representative, CA State Assembly. Former
occupation and Employer (If retired, mdicate last occupation/employer) Assistant Property Manager KtSales Manager
Date Palm Country Club, Cathedral City. CA
Education / -iraining
B. of A., Business
Real Estate License
Life Insurance License
Have you served on a city Cnlnlnissitln/Board in the city orDesert Hot Springs or any other City?
ND yes (Ifyes, please describe below)
V.P. Commissioner, Riverside County Asset Leasing Corporation (CORAL) Board.

Former
Commissioner, Rancho Mirage Emergency Preparedness Commission, Former Have you ever attended a city council meeting?
No Yes
Have you ever attended a city commission meeting?
ND yes (Ifyes, list which Commissions below)
Grand Terrace Planning Commission
Desert Hot Springs via (YouTube)
Rancho Mirage Emergency Preparedness Commission
CORAL Commission
Item Number: 5.

File upload (optional)
Describe your knowledge of tire iunctions, regulalinns and procedures of the commission/board (your 1st cltoice) on wbicb you would like to serve. !. To serve the City Council as a advisor on a commission . To prepare and make presentations
. To provide input and guidance to the city council and the city . To assist in shaping the future for the community
. To review and evaluate land use and development
. To excuse yourself from any actions where a conflict of interest could be . To respect the opinion of everyone
xlmt?l
hwtx)
What specitic skills, attitudes, and experience do you tltink you ltave that will enbance tbe work ortlte Cnmlnissinn/Board
Former City Council Member
Former VP of SANBAG
Former appointee of SCAG
Certified in Cannabis Management from College of Desert. 2018 Bachelor Of Arts, Business
What specitic issues or problems face tbe Commissionlllnard? Do you ltave suggestions to address tltese issues or problems?
Issues:

Different of opinions
Addressing citizens‘ issues
Suggestions:

Commissioners are citizens to assist the city council members in making ?nal decisions to improve the city and the region
Commissioners should try to answer the public's questions when possible or direct to staff
DHS_P|anningComm_6_22_Pg1.pdf 162.25KB
DHS_P|anningComm_6_22_Pg2.pdf 35.33KB
Re_BiLeasCns|t_PM&REagent_22.pdf 41.05KB
DHS_P|anningComm_SRMmbr'19.pdf 166.34KB
DHS_P|anningComm_VetFR'15.pdf 133.54KB
Please feel free tn inclllrle a resume, letter(s) of recommendation, etc.

Appointed commissioners may be required to submit a Fair Political Practices commission (FPPC), statement of Ecnnnmic Interests Fnrm (Form 700) pursuant to CA Gnvernmenl cnde § B7200 and/or Desert Hot Springs Municipal code § 2.20.050.

As an appointed commissioner or boardrnentber, state law requires twn ltours nf training in general etltical principles and etbics laws every two years. More intormation will be provided upon appninunent. some or all ortlte content contained in tltis application and its attacltments may be subject to disclosure pursuant tn tbe California Public Records Act (CA Government code § 6250, El seq.)
signature *
I certiiy tltat tbe above statements are true and correct tn tbe best ormy knowledge Kmaeomd
Item Number: 5.

SR-22-111
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: Public Improvement Agreement for Brown Dog Health and Wellness Project Conditional Use Permit No. 20-20
RECOMMENDATION:

Authorize the City Manager to execute the Public Improvement Agreement between the City of Desert Hot Springs and Brown Dog Health and Wellness – Conditional Use Permit No. 20-20, for the completion of public improvements per Conditions of Approval.

BACKGROUND:

On November 10, 2020, the City granted approval of a project, designated as Conditional Use Permit No. 20-20 (“Project”), for development of a cannabis retail storefront at 13570 Palm Drive in the City.

The developer for the Project is Brown Dog Health and Wellness, a California Mutual Benefit Corporation (“Developer”).

The Developer has now completed all "life safety" items and most of the required items per the conditions of approval and has requested to receive a Temporary Certificate of Occupancy in order to open for business.

Pursuant to Desert Hot Springs Municipal Code Section 16.08.050 and COA 36, the Developer may enter into a Public Improvement Agreement to secure the remaining public improvements in order to receive a Temporary Certificate of Occupancy.

DISCUSSION:

The Public Improvement Agreement provides that the Developer shall complete the following remaining public improvements and corresponding Conditions of Approval (COA):
1) COA 19 - The annexation to the Community Facilities District; 2) COA 21 - The removal and replacement of the asphalt concrete within the parking lot and the alley;
3) COA 20iii - Removal and replacement of two driveways with new ADA compatible commercial driveways along Ironwood Avenue;
Item Number: 6.

SR-22-111
4) COA 20 - Removal and replacement of all damaged concrete sidewalk, removal and replacement of any broken or cracked curb and gutter, and installation of landscaping along frontages of property, as described in items 20i, 20ii, 20iii, 20iv, 20v, and 20vi of Conditional Use Permit No. 20-20 (the "Remaining Public Improvements."
The Developer shall also post a faithful performance bond pursuant to Desert Hot Springs Municipal Code Section 15.76.040 in the amount of $50,000 as security for completion of the remaining public improvements listed above.

The Remaining Public Improvements shall be completed within 18 months of the date of the agreement, with no time extensions. If the developer fails to complete any of the public improvement agreement, the City will proceed with utilizing the funds from the security to complete the improvements.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Public Improvement Agreement - Brown Dog
Item Number: 6.

PUBLIC IMPROVEMENT AGREEMENT

BROWN DOG HEALTH AND WELLNESS
Conditional Use Permit No. 20-20
This Public Improvement Agreement (“Agreement”), is made on June 21, 2022 by and between the City of Desert Hot Springs, a municipal corporation of the State of California and the County of Riverside, hereinafter referred to as “City,” and BROWN DOG HEALTH AND WELLNESS, a California Mutual Benefit Corporation with its principal office located at 13570 Palm Drive, Desert Hot Springs CA 92240, hereinafter referred to as “Developer,” hereby acknowledge the following:

WHEREAS, on November 20, 2020, the City granted approval of a certain project (“Project”) for development of property located at 13550 Palm Drive, City of Desert Hot Springs (“Property”) designated as Conditional Use Permit No. 20-20 for a Cannabis Retail Storefront, hereinafter referred to collectively as “Subject CUP”; and WHEREAS, Developer has completed construction of all of the public improvements required by said Subject CUP except for the replacement of asphalt pavement within the parking lot and alley, removal and replacement of two driveways with two new ADA compatible commercial driveways along Ironwood Drive, annexation into the Community Facilities District, and replacement of any damaged items along public right of way, as more fully described under items 18, 19, 20i, 20ii, 20iii, 20iv, 20v, 20vi, and 21 of Conditional Use Permit 20-20, hereinafter referred to as “Remaining Public Improvements”; and
WHEREAS, Developer wishes to delay the Remaining Public Improvements for a period of time mutually agreeable to the City, which is ____; and WHEREAS, the City Engineer has determined that the additional financial cost of completion of the Remaining Public Improvements does justify delayed completion of the Remaining Public Improvements, as the public would be better served if the Project could open without delay; and
WHEREAS, in order to secure approval of said Subject CUP and a Certificate of Occupancy, Developer has posted a performance security bond in the amount of FIFTY THOUSAND DOLLARS ($50,000.00) for the completion of the Remaining Public Improvements (“Subject Bond”); and
WHEREAS, the City Engineer believes that the Subject Bond is duly sufficient to cover the costs of completing the Remaining Public Improvements; and WHEREAS, this Agreement is executed pursuant to Desert Hot Springs Municipal Code Section 15.76.040, “Certificate of Occupancy.”
NOW THEREFORE, for and in consideration of the approval of the Project, and in order to ensure satisfactory performance by Developer of Developer’s obligations under Item Number: 6.

said Subject CUP and said ordinances of the City of Desert Hot Springs, the parties, for themselves, their successors and assigns, hereby agree as follows:

Section 1. Incorporation by Reference. The recitals above and the original entitlement,development application and present development application, all maps on file, construction plans, detail maps and state laws, present City ordinances, and the other City rules, regulations and official acts with respect to this Project and all the terms and conditions of the Subject CUP are incorporated herein by reference as if set forth at length and remain in full force and effect, except as expressly modified herein.

Section 2. Installation/Replacement of Improvements.
(a) Developer shall construct and complete as provided for in the original Subject CUP, all grading, all roads, curbing, pavement and other improvements, including all catch basins and drainage facilities, monuments, street lights, and other improvements of any nature whatsoever as set forth in Subject CUP and shown on various plans approved by the City.
(b) As the case may be, as respecting all pipes and monuments shown on the plans or in place which have been destroyed or damaged by the Developer or any of Developer’s contractors, the Developer shall replace or have replaced, repair, or have repaired, as the case may be, or pay to the owner the entire cost of replacement or repairs, of, any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by City or by any public or private corporation, or by any person whomsoever, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.

Section 3. Modification of Approved Plans. Developer agrees that if during the course of construction and installation of improvements it shall be determined by the City Engineer that revision of the approved plans is necessary in the public interest, it will undertake such design and construction changes as may be reasonable and are indicated by the City Engineer and approved by City at Developer’s cost. Said changes, if any, shall be confined to the premises owned by Developer.

Section 4. Security.
(a) Pursuant to “Section 15.76.040 Certificate of Occupancy” of the City of Desert Hot Springs Municipal Code, Developer shall, concurrently with the execution hereof, furnish a faithful performance bond or deposit in accordance with the General Guidelines On Use Of Financial Assurances and Security Provided by the Municipal Code in an amount equal to FIFTY THOUSAND DOLLARS ($50,000.00) , as security for completion of construction of the Remaining Public Improvements, as approved by the City Engineer. (b) Concurrently with the execution hereof, Developer shall furnish a payment bond or deposit in an amount equal to at least fifty percent (50%) of the estimated cost of the Remaining Public Improvements as approved by the City Engineer as security of the Item Number: 6.

payment of all persons performing labor and furnishing materials in connection with this Agreement.
(c) The surety on each bond and the form thereof shall be satisfactory to the City Attorney.
(d) Developer shall furnish any bond required for the opening of any state or county roads or easements outside the jurisdiction of City.

Section 5. Timing of Performance.
(a) At least fifteen (15) calendar days prior to the commencement of work contemplated hereunder, Developer shall notify the City Engineer in writing of the date fixed by Developer for commencement thereof, so that the City Engineer shall be able to provide services of inspection.
(b) It is agreed that the Remaining Public Improvements to be installed shall be completed within eighteen (18) months from the date of this Agreement.

Section 6. Time of Essence.
(a) In the event good cause is shown, the City Engineer may extend the time for completion of the Remaining Public Improvements. The City Engineer shall be the sole and final judge based on the facts as to whether or not good cause has been shown to entitle Developer to an extension.
(b) Any such extension may be granted without notice to the Developer’s surety, and extensions so granted shall not relieve the surety’s liability on the bond to secure the faithful performance of the Agreement.

Section 7. Work Performance.
(a) Developer will do and perform, or cause to be done and performed, at Developer’s own expense, in a good and workmanlike manner, and furnish all required materials, all under the direction and to the satisfaction of the City Engineer, all the work and improvements, within or without the Project, necessary to complete the Remaining Public Improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by the City Engineer, which in his/her opinion are necessary or required to complete the work. (b) All work shall be conducted and completed in accordance with present state codes and local laws, ordinances and regulations, and all maps, plans and specifications on file with City. Where any such construction has been partially completed prior to this Agreement, developer agrees to complete them in accordance with this paragraph. (c) Neither Developer nor any of Developer’s agents or contractors are or shall be considered to be agents of City in connection with the performance of Developer’s obligations under this Agreement.

Item Number: 6.

Section 8. City Held Harmless From Liability.
(a) Developer hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for claims for damages arising from personal injury, including death, as well as from claims for property damage which may arise from Developer’s or Developer’s contractors’, subcontractors’, agents’, or employees’ activities or operations conducted pursuant to this Agreement. (b) Developer agrees to, and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforementioned activities or operations conducted pursuant to this Agreement. (c) City shall be held harmless by Developer for all claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the activities or operations arising from this Agreement, excluding, however, any claims arising from the gross negligence or willful misconduct of the City, regardless of whether or not City has prepared, supplied or approved of, plans and/or specifications for the Subject CUP, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (d) Acceptance by City of said improvements, the deposit of certain monies made pursuant to this Agreement by Developer, or the existence of any of the insurance policies described in this Agreement do not and shall not waive any rights City may otherwise have against Developer.

Section 9. Liability Insurance Required.
(a) Developer shall take out and maintain during the life of this Agreement comprehensive general liability insurance that shall insure City, its elective and appointive boards, commissions, officers, agents, and employees, Developers and any contractor or subcontractor performing work covered by this Agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Developer’s or any contractor’s or subcontractor’s operations hereunder, whether such operations be by Developer or any contractor or subcontractor, or by anyone directly or indirectly employed or retained by either Developer or any contractor or subcontractor.
(b) Developer agrees to carry a comprehensive general liability policy with limits of $1,000,000.00 for bodily injury and $1,000,000.00 for property damage combined single limit per occurrence, and $2,000,000.00 in the aggregate. Said policy shall include coverage for manufacturers and contractors, independent contractors, products and completed operations and personal injury. Contractor shall further procure and maintain at its own expense, until completion of performance and acceptance by the City, commercial vehicle liability insurance covering personal injury and property damage, of not less than $1,000,000.00 combined single limit per occurrence, and $2,000,000.00 in the aggregate, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers Item Number: 6.

and agents and independent contractors in performing the services required by this Agreement. Contractor shall also require its subcontractors to do the same. Developer shall name City as an additional named insured to both its comprehensive general liability and commercial vehicle liability policies.
(c) A certificate of insurance, as described in Section 11, and endorsements covering the above items shall be filed with the City Clerk. Such insurance shall have been approved by the City Attorney as to form and carrier.

Section 10. Workmen’s Compensation Insurance.
(a) Developer shall maintain, during the life of this Agreement, Workmen’s Compensation Insurance for all Developer’s employees employed at the work site(s), and in case any work is sublet, Developer shall require any contractor or subcontractor similarly to provide Workmen’s Compensation Insurance for all contractor’s or subcontractor’s employees, unless such employees are covered by the protection afforded by Developer. (b) In case any class of employees engaged in work under this Agreement at the work site(s) is not protected under any Workmen’s Compensation law, Developer shall provide and shall cause each contractor or subcontractor to provide, adequate insurance for the protection of employees not otherwise protected.
(c) Developer hereby indemnifies City for any damage resulting to it from failure of either Developer or any contractor or subcontractor to take out or maintain such insurance.

Section 11. Certificate of Insurance.
(a) Developer shall furnish City concurrently with the execution hereof, with satisfactory evidence of insurance required and evidence that each carrier is required to give City at least thirty (30) days prior written notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement. (b) Developer shall not commence work under this Agreement until Developer shall have obtained all insurance required pursuant to this Section, and such insurance has been approved by City.
(c) Developer shall not allow any contractor or subcontractor to commence work on his/her contract or subcontract until all similar insurance required of the contractor or subcontractor has been obtained and approved by City.

Section 12. Necessary Permits and Requisite Fees
(a) Prior to proceeding with the work, Developer shall, at Developer’s expense, obtain all necessary permits and licenses for the construction of such Remaining Public Improvements, give all necessary notices, and pay all fees and taxes required by law. (b) Developer agrees to procure, at its expense, any necessary permits required for the opening of any state or county roads or easements outside the jurisdiction of City.

Item Number: 6.

Section 13. Utility Deposits Statement.

Developer shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the project maps, a written statement signed by Developer, and each public utility corporation involved, to the effect that Developer has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Property.

Section 14. On-Site Supervision.
(a) Developer shall provide an on-site supervisor, satisfactory to the City Engineer, on the work site(s) at all times during the construction of the Remaining Public Improvements, with the authority to act for Developer.
(b) Developer shall maintain the Remaining Public Improvements until acceptance by City. Prior to acceptance, City shall not be responsible for road or other improvements, maintenance or care until the same shall be accepted, nor shall City exercise any control over the Remaining Public Improvements.
(c) In the event of default of these obligations by Developer, City without notice to the Developer, may do the same at Developer’s expense.

Section 15. City Inspections.

Developer shall at all times maintain proper facilities, and provide safe access for inspection by the City, to all parts of the work site(s) including any workshops or plants where work related to the subdivision project is being conducted.

Section 16. Acceptance of Improvements by City.
(a) Upon the proper completion of the Remaining Public Improvements and their approval by the City Engineer, and if the Remaining Public Improvements then comply with all present state laws, present City ordinances and other City rules, regulations and requirements, City will then accept the Remaining Public Improvements. (b) Title to, and ownership of, the Remaining Public Improvements constructed hereunder by Developer or City shall vest absolutely in City, upon completion and acceptance of the Remaining Public Improvements by City.

Section 17. Defective Construction.
(a) If within one year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Developer shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure.

Item Number: 6.

(b) If Developer fails to act promptly or in accordance with the requirements set forth in this Section, or should the exigencies of the case require repairs or replacements to be made before Developer can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Developer shall pay to City the actual cost of such repairs plus fifteen percent (15%).

Section 18. Notice.
(a) All notices shall be sent to the City at:

City of Desert Hot Springs
Public Works Department
11999 Palm Drive
Desert Hot Springs, CA 92240
(b) All notices shall be sent to the Developer at:

BROWN DOG HEALTH AND WELLNESS
13570 Palm Drive
Desert Hot Springs, CA 92240
(c) All notices herein required shall be in writing and delivered in person or sent by registered mail, postage prepaid.
(d) If one party provides written notice to the other party of a change of address, all further notices shall be addressed and transmitted to the new address.

Section 19. Noncompliance.

If City determines that there is a violation of present state laws, City ordinances, other City rules, regulations and requirements, and/or the terms and provisions of this Agreement, it may issue a cease and desist order.

Section 20. Notice of Breach and/or Default.

If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will ensure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if Developer should be adjudged a bankrupt, or Developer should make a general assignment for the benefit of Developer’s creditors, or if a receiver should be appointed in the event of Developer’s insolvency, or if Developer, or any of Developer’s contractors, subcontractors, agents, or employees should violate any of the provisions of this Agreement, the City Engineer or City may serve written notice upon Developer and Developer’s surety of breach of this Agreement, or of any portion thereof, and default of Developer.

Item Number: 6.

Section 21. Performance by Surety or City.
(a) In the event of a breach and/or default, Developer’s surety shall have the duty to take over and complete the work and the improvements herein specified. (b) If the surety within five (5) days after receiving notice of Developer’s breach and/or default does not provide City written notice of its intention to take over the performance of the contract and does not commence performance thereof within five (5) days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any method City may deem advisable, for the account and at the expense of Developer, and Developer’s surety shall be liable to City for any excess cost or damages occasioned by City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on the work site(s) and necessary therefor.

Section 22. General Provisions.
(a) Severability. If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
(b) Governing Law. The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
(c) Cumulative Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other party.

(d) Venue. All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.

(e) Litigation Expenses and Attorney’s Fees. In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.

Item Number: 6.

(f) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original.
(g) Entire Agreement. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and supersedes any and all other agreements, either oral or written, between the City and Developer. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
(h) Conflicts of Interest. Developer covenants that it does not have any interest, nor shall it acquire an interest, directly or indirectly, which would conflict in any manner with the performance of Developer’s services under this Agreement. In the event the City officially determines that Developer must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Developer shall file the subject Form 700 with City Hall, as specified under the Notice provisions of this Agreement, pursuant to the written instructions provided by the City. (i) Termination. This Agreement may be terminated by the City immediately for cause. The City may terminate this Agreement without cause upon thirty (30) days’ written notice of termination. Upon termination, Contractor shall be entitled to compensation for services performed up to the effective date of termination. (THIS AREA LEFT INTENTIONALLY BLANK)

Item Number: 6.

IN WITNESS WHEREAS, the undersigned have affixed their signatures at Desert Hot Springs, California the day and year first above written.

BROWN DOG HEALTH AND WELLNESS

Charles Ericksen

CITY OF DESERT HOT SPRINGS
____________________________________
City Manager
APPROVED AS TO CONTENT:
_________________________________
Jilleen Ferris, City Engineer

ATTEST:

Jerryl Soriano, City Clerk
APPROVED AS TO FORM:

Jennifer Mizrahi, City Attorney
___________________________________
N:\DHSO\0001-01 General\Doc\5616 - Improvements Agreement Template (08.01.16).Doc.Docx Item Number: 6.

SR-22-135
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Resolution Supporting Ocean Water Importation to Refill the Salton Sea While Reducing Greenhouse Gas Emissions
RECOMMENDATION:

Consider adopting "A Resolution of the City Council of the City of Desert Hot Springs, California, declaring its continued support for ocean water importation to refill the Salton Sea while reducing greenhouse gas emissions."
BACKGROUND:

On May 3, 2022, Chuck Parker from the Salton Sea Coalition submitted materials requesting that public agencies impacted by the decline of the Salton Sea adopt resolutions supporting ocean water importation, including taking into account greenhouse gas emissions, as a long-term solution to restore the Salton Sea (Exhibit 1).

The City Council has adopted resolutions declaring its support as follows:
• Resolution No. 2019-003 (adopted January 15, 2019) - "In Support of the Memorandum of Understanding Between the County of Imperial and the County of Riverside on the Salton Sea." (Exhibit 2)
• Resolution No. 2020-049 (adopted September 15, 2020) - "Requesting That the Salton Sea Management Program Allocate Two Million Dollars of the $507.5 Million in Unused and Available Funding for Restoring the Salton Sea for an Immediate Comparative Engineering Review of the Ocean Water Import Proposals Accepted by the State in 2018." (Exhibit 3) DISCUSSION:

Recognizing that cooperation among stakeholders affected by the Salton Sea is paramount to solve its complex challenges, Riverside and Imperial Counties signed a Memorandum of Understanding in June 2018, calling for joint planning to ensure smooth development of a multi-benefit project known as the Perimeter Lake.

Both counties plan to work together with local agencies on agreed projects and financing mechanisms such as an Enhanced Infrastructure Finance District (EIFD) which would support projects and stimulate Item Number: 7.

SR-22-135
economic development around the Salton Sea. This would include creating recreational lakes, supporting geothermal resource development, mitigating air quality issues, and preserving vital habitat.

The Salton Sea Coalition has stated it is scientifically imperative to choose a long-term plan for the Salton Sea that takes greenhouse gas emissions into account. The planning committees have not explained the process or criteria for comparing the non-importation proposals with the ocean water importation proposals, nor have they stated that they would evaluate the potential greenhouse gas emissions of the various plans. Finally, there is no public hearing scheduled during the months between now and December to receive public comments.

Staff recommends that the City Council consider adopting "A Resolution of the City Council of the City of Desert Hot Springs, California, declaring its continued support for ocean water importation to refill the Salton Sea while reducing greenhouse gas emissions" (Exhibit 4).

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Request Letter From Salton Sea Coalition
Exhibit 2 - Resolution 2019-003 In Support of Salton Sea Restoration MOU Exhibit 3 - Resolution 2020-049 Salton Sea Follow-Up Resolution Exhibit 4 - Draft Resolution
Item Number: 7.

SALTONSEAREDUCEGREENHOUSEGASRESOLUTION
The Salton Sea Coalition respectfully requests that your city consider passing a new resolution:

We Resolve: Our continued support of ocean water import to refillthe Salton Sea. This isthe long-range plan most likelyto restore the ecosystem, protect public health, support recreation and tourism, contribute to a vigorous regional economy, and avoid ongoing releases of greenhouse gases to the atmosphere.

We Resolve: The Long-Range Planning Committee of the Salton Sea Management Program must assess potential carbon emissions of all suggested long-range solutions to address the man-made problems of the Salton Sea.

We Resolve: The Ocean Water Importation Independent Review Panel must consider potential carbon emissions when conducting the "comprehensive analysis of ocean water import," that was requested by our city in 2019 and 2020 resolutions. This analysis must include emissions from a drying lakebed and proposed shallow water bodies as well as construction related emissions.

Item Number: 7.

WHY DO WE NEED NEW SALTON SEA RESOLUTIONS FROM
COACHELLA VALLEY CITY COUNCILS?
The Salton Sea Coalition thinks it is criticalthat the Ocean Water Independent Review Panel, and the Long Range Planning Committee hear from the cities of the Coachella Valley one more time before they make their decisions about the future of the Salton Sea. We are concerned that the two committees might make hasty decisions which would result in expensive, counterproductive projects that willonly make the environmental disaster at the Salton Sea worse not better.

How are the two committees that are working on a long range plan organized? The Ocean Water Import Independent Review Panel consists of scientists selected by UC Santa Cruz in August 2021 to conduct a "comprehensive review of ocean water importation as part of the long range solution for the Salton Sea" that Coachella Valley cities called for in their resolutions in 2019 and 2020. The Long Range Planning Committee of the Salton Sea Management Plan is made up of state officials, agency of?cials, and a few representatives of the community. This committee is relying on Tetra Tech, a private engineering ?rm, to review plans that are left over from 15 years ago when the state refused to implement them because of the $9 billion dollar price tag. These plans do not include the importation of water, nor do they include any evaluation of potential greenhouse gas emissions.

It is scienti?cally imperative to choose a long-term plan for the Salton Sea that takes greenhouse gas emissions into account. The planning committees have not explained the process or criteria for comparing the non—importationproposals with the ocean water importation proposals, nor have they stated that they would evaluate the potential greenhouse gas emissions of the various plans. Finally, there is no public hearing scheduled during the months between now and December to receive public comments. This is why it is vital that the cities submit their comments now in the form of resolutions.

Item Number: 7.

ShortSummary of Report :"POTENTlALMAJORGREENHOUSE

GASEMISSIONSFROM PROPOSEDSALTONSEALONG-RANGE
PLANS"
Summary by Chuck Parker, Salton Sea Coalition, [email protected] The original scientific report by Jenny E. Ross, Research Affiliate, Stout Research Center, was submitted to State and Federal agencies in January 2022.

A new report warns of a threat that the drying and shrinking of the Salton Sea will cause large emissions of greenhouse gases in the form of carbon dioxide and methane. For many years tons of excess fertilizer in the agricultural drains has flowed into the sea. These nutrients fed a flourishing growth of algae which fed millionsof fish and invertebrates. These animals‘ waste, and when they died, their bodies, sank to the bottom of the sea. This created a "natural carbon-captureand-storage system," or carbon sink.

The 2003 decision to divert large amounts of agricultural water which sustained the Salton Sea, and sell it to urban areas, is resulting in exposure of the Iakebed to the atmosphere, collapse of the lake's ecosystem, and emission of greenhouse gases into the atmosphere. These greenhouse gases, primarily carbon dioxide (CO2)and methane (CH4),will ultimately be emitted in quantities large enough to significantly offset emission reductions from current California plans to address climate change, including those in Governor Newsom's $37 billion budget allocation for actions to reduce the use of fossilfuels in transportation, electricity generation, agriculture, and in cooling and heating buildings.

Failure to implement an appropriate long-range restoration plan for the Salton Sea willworsen global warming and prevent California from attaining carbon neutrality. On the other hand, refilling the Salton Sea with ocean water and restoring the lake’s ecosystem would help California fight climate change by minimizing net greenhouse gas emissions. According to scientists quoted in the report, "Maintaining and enhancing carbon sinks in the biosphere is a prerequisite to hold global warming well below 2 degrees Centigrade." SALTONSEACOALITION,P.O. BOX 10693, PALM DESERT,CA. 92255 Item Number: 7.

RE: SUPPLEMENTARY INFORMATION Regarding Potential Major Greenhouse Gas Emissions from Proposed Salton Sea Long-Range Plans From: Jenny E. Ross [mailto:[email protected]]
Sent: Monday, April 04, 2022 3:35 PM
To: cnra—sa|[email protected]
Excerpts from email message:
''I have calculated a rough estimate of the potential future net CO2emissions resulting from implementation of a proposed Salton Sea long-range plan that does not re?ll the lake to its late 20”‘-centurylevel with a restored saltwater ecosystem.

The attached calculations indicate that approximately 26 million metric tons of CO2 emissions per year may be released as a result of implementation of a Salton Sea long-range plan that leaves vast areas of dry lakebed exposed, and that includes additional highly-emissive features such as large expanses of signi?cantly disturbed lakebed (e.g., regions where furrowing is utilized for dust control), areas of exposed lakebed that are periodically rewetted, fresh or lowsalinity water impoundments constructed on portions of the exposed lakebed, and an extremely hypersaline brine sink.

To put the amount of 26 million metric tons of CO2emissions per year in perspective, it is more than 160% of the annual CO2-equivalent emissions of all the petroleum re?neries currently operating in California, and 7.3% of all energy-related CO2 emissions in California annually.

As explained in my January 2022 report, and as the attached Supplementary Information makes clear, if a long-range plan for the Salton Sea is selected and implemented without first analyzing the net carbon emissions associated with each proposed plan, and without a selection process committed to choosing a carbonneutral or carbon-negative plan, there is a major risk that the State of California’s actions and omissions will cause the release of very large quantities of greenhouse gases on an ongoing basis for the foreseeable future, thwart California’s efforts to attain carbon neutrality, and worsen climate change."
Jenny Ross.

Item Number: 7.

HOW THEDUSTCONTROLMEASURES,ANDSHALLOWWATER HABITAT

PROJECTSPLANNEDBYTHESALTONSEAMANAGEMENTPLAN(SSMP)COULD
MAKEGLOBALWARMING WORSE. report by Jenny Ross, January 2022, "POTENTIALMAJORGREENHOUSEGASEMISSIONSFROM PROPOSEDSALTONSEA LONG-RANGEPLANS."Summary by Chuck Parker, Salton Sea Coalition.

These measures were planned without taking greenhouse gas emissions into account. Allof the projects in the current SSMP, and all of the proposed projects other than ones involving refilling the Salton Sea, leave large areas of exposed Iakebed. These exposed sediments contain large amounts of organic materials which willemit greenhouse gases. Additional aspects of ongoing, planned, and proposed projects which willincrease greenhouse gas emissions are:
1) "Frequent, significant disturbance of lakebed sediments." Disturbances like plowing and digging increase sediment exposure and oxygenation, and make CO2 emissions worse. Examples of this which are going on now are surface roughening for dust control, construction and maintenance of impoundment berms, levees, and dirt roads. 2) "Periodic rewetting of large areas of exposed lakebed." Rewetting of dry lakebed willcause significant pulses of greenhouse gases into the air. Rewetting willresult from natural processes like rain, or wetting by blowing water from the sea or its tributaries onto dry lake bottom, as well as by dust mitigation measures such as periodic wetting of exposed lakebed sediments, or filling furrows with water.
3) "Small areas of shallow ponded water on portions of the exposed lakebed." The Salton Sea Management Plan includes several projects that would create small shallow ponds for wildlife habitat. These shallow ponds willemit greenhouse gasses at higher rates than the larger, more saline Salton Sea. 4) "Large areas of ponded water on portions of the exposed lakebed." These larger projects, such as the proposed Perimeter Lakeand North Lake,are likelyto be higher emitters of greenhouse gases than the former larger Salton Sea. Thisis because shallow, freshwater ponds and lakes emit more greenhouse gases than deeper saline lakes.
5) "Extremely hypersaline brine sink(s)." Several of the plans, including the proposed Perimeter Lake,would leave brine sinksin the deepest parts of the Salton Sea sink. Biological and chemical processes in brine sinks yield a very high rate of methane production and emission, and the global warming potential of methane is up to 80 times greater than that of carbon dioxide.

SALTONSEACOALITION,P.O. BOX10693, PALM DESERT,CA. 92255 Item Number: 7.

IMPORTING OCEANWATER AND DESALINATION- THEANSWERTO DROUGHT AND CLIMATECHANGE.

Untilthe 1990's, California got used to taking more water from the Colorado river than it was legally allotted because Arizona and Nevada didn't need all of their share. The growth of LasVegas and Phoenix meant that Arizona and Nevada had to take their share of the river. This caused a domino effect where California's cities, who had become dependent on the surplus from Arizona and Nevada, had to look to Imperial Irrigation District for more water.

In 2003 the Imperial Irrigation District agreed to sell large quantities of water to San Diego, Los Angeles, and the CoachellaValley. Everyone involved knew that this would cause a major environmental disaster. With less water, the water in the Salton Sea would become too salty to support the fish, and the birds who relied on the fish for food. Ashrunken sea would also bring huge storms of toxic dust from the dry lakebed. causing a public health crisis. For all these reasons the state of Californiamade a commitment to restore the sea. But since then nearly nothing has been done.

But the silver cloud to the state's procrastination isthat it is now clear what must be done. A lot has changed since 2003. We are in the midst of the worst drought on the Colorado River in 1200 years, and further cutbacks in water are inevitable. Plans that were first proposed in 2006, and later in 2016 were based on estimates of larger available water from the Colorado River. The drought can no longer be denied.

Only a plan relying on ocean water import offers the possibility of supplementing the Colorado River by desalinating large quantities of water.

Study after study of the drought and of the effects of climate change point to a future of a severe lack of water and rising temperatures. This is why importing ocean water to re?ll the sea is now the only solution for the Salton Sea. Combined with desalination the Salton Sea could become a new source of fresh water to supplement the Colorado River. In addition, a restored Salton Sea ecosystem would store Carbon safely under water.

Item Number: 7.

RESOLUTIONNO. 2019-003

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS IN SUPPORT OF THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE COUNTY OF IMPERIALAND THE COUNTY OF RIVERSIDE

ON THE SALTON SEA
WHEREAS, on June 26, 2018, the County of Imperial, a politicalsubdivision of the State of California, and the County of Riverside, a political subdivision of the State of California (Counties) entered into a Memorandum of Understanding representing a mutual good faith commitment and common goals made in the spirit of cooperation and collaboration to bene?t the Salton Sea; and
WHEREAS, it is the desire of the County of Imperial and the County of Riverside to work together with other local agencies in a collaborative manner and support common goals to further Salton Sea restoration and management efforts as well as the development potential of the Salton Sea; and
WHEREAS, the Counties encourage outreach to the surrounding communities and seek supportive resolutions from all cities and other agencies. The Parties welcome cities other agencies to join and assist them in efforts that are supportive of the Salton Sea; and WHEREAS, the inflow of water to the Salton Sea has decreased and pursuant to the Quanti?cation Settlement Agreement, mitigation water in?ows ended on December 31, 2017, and without restoration or stabilizationmeasures, the Salton Sea willrapidly decline; and WHEREAS, the State of California (“State”) has developed the Salton Sea Management Program (“SSMP) through departments within the California Natural Resources and Environmental Protection Agencies and is obligated to pay for certain costs related to habitat, air and water quality issues at the Salton Sea; and
WHEREAS, the state has developed the 10-year SSMP plan and identi?ed a phased series of projects, the state has not appropriated all the necessary SSMP funding. The Salton Sea is at substantial risk of irreversible damage and threatens wildlifeand public health; and WHEREAS, it is the intent of the Counties to take coordinated and cooperative action with other agencies to further stabilize the Salton Sea on such restoration efforts which would protect and improve public health, air quality, and wildlifehabitat; and WHEREAS, it is the desire and intent of both Counties to work together with local agencies on agreed projects and ?nancing mechanisms such as an Enhanced Infrastructure Finance District (“E|FD”) that would support projects and stimulate economic development around the Sea; and
WHEREAS, both Counties recognize and support the immense value of working together with other local agencies to enhance opportunities for renewable energy and geothermal development to the region by providing reliable, affordable energy in furtherance of the State's Renewable Portfolio Standard and Greenhouse Gas Reduction goals and could provide funding for Salton Sea infrastructure; and
WHEREAS, the bene?ts of said integrated projects would include economic development, recreational activity, and reduction in air quality impacts as well as optimize the potential opportunities at the Salton Sea; and
WHEREAS, California law requires the California Natural Resources Agency to develop a Salton Sea plan in cooperation and consultation with local agencies;and Item Number: 7.

WHEREAS, the Salton Sea Authority supports the common goal of a locally managed and more ef?cient process to expedite projects at the Salton Sea to avert a further decline at the Salton Sea; and
WHEREAS, the Salton Sea Authority is in support of the North Lake vision which would complement the state’s SSMP plan by providing an in-sea barrier around the contours of the north shoreline with a deep lake and respectfully request the state's support and recognition in the SSMP as an important integrated project; and
WHEREAS, the Salton Sea Authority is supportive of the Perimeter Lake concept which would also include a South Lake component and resemble a ?owing river with a system of lowpro?le levees bordering the Salton Sea shoreline. The Parties respectfully request to have the Perimeter Lake incorporated into the state's SSMP long-term plan; and WHEREAS, it is the intent of the Salton Sea Authority to improve the public health, economic opportunity and overall quality of life of the disadvantaged communities around the Salton Sea; and
WHEREAS, it is the intent of the Salton Sea Authority to support public-private partnerships and will assist private entities to define and develop projects around the Salton Sea; and
WHEREAS, the City of Desert Hot Springs received public input to encourage the Parties to consider support of comprehensive analysis of Ocean Water Importation as a longterm solution for the restoration of the Salton Sea and respectfully request that Ocean Water Importation be incorporated into the State's SSMP long-term plan; and NOW, THEREFORE BE IT RESOLVED, that the City of Desert Hot Springs hereby adopts this Resolution in support of the Memorandum of Understanding between Riverside County and Imperial County which agrees to a collaborative partnership and a uni?ed strategy to support common goals whichwould stabilize and restore the Salton Sea.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs on the 15th day of January, 2019, by the following vote:

AYES: 5 — Betts; Gardner; Pye; Zavala; and Mayor Matas.

NAYS: None.

ABSENT: None.

ABSTAIN: None.
[SIGNATURES FOLLOWON THE NEXTPAGE]
Item Number: 7.

ATTEST: APPROVED:
2'2? ’/ /-\
Scott Matas, Mayor J?yysoriano, 6M¢,- ity Clerk
APPROVED AS TO FORM:

I
JenniferhifCity Attorney
Item Number: 7.

RESOLUTION NO. 2020-049

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, CALIFORNIA, REQUESTING THAT THE SALTON SEA

MANAGEMENT PROGRAM ALLOCATE TWO MILLION DOLLARS OF
THE $507.5 MILLION IN UNUSED AND AVAILABLE FUNDING FOR

RESTORING THE SALTON SEA FOR AN IMMEDIATE COMPARATIVE

ENGINEERING REVIEW OF THE OCEAN WATER IMPORT
PROPOSALS ACCEPTED BY THE STATE IN 2018."
WHEREAS, the Salton Sea Restoration Act (known as the California Fish and Game Code 2931) was approved on September 29, 2003 by Governor Gray Davis, with the following objectives:
1) Restoration of the Salton Sea ecosystem and permanent protection of the wildlife dependent on that ecosystem.
2) Restoration of long-term stable aquatic and shoreline habitat for the historic levels and diversity of fish and wildlife that depend on the Salton Sea 3) Elimination of air quality impacts from the restoration projects. 4) Protection of water quality.
5) Complete engineering studies related to the restoration of the Salton Sea. 6) Ensure cooperation with local governments, non-profit organizations, private businesses and the public.

WHEREAS, on January 15, 2019 the City of Desert Hot Springs adopted Resolution 2019-003 that read: “The City of Desert Hot Springs received public input to encourage Parties to consider support of comprehensive analysis of Ocean Water Importation as a long-term solution for the restoration of the Salton Sea and respectfully requests that Ocean Water Importation be incorporated in the State’s SSMP (Salton Sea Management Plan) long-term plan; and
WHEREAS, given that the Salton Sea Management Program has not responded to, nor taken any constructive action on, the resolutions of nine cities and the Torres Martinez Tribe, we are suggesting that the next step for these agencies should be to select a representative to attend the SSMP Engagement Committee meetings; and NOW THEREFORE BE IT RESOLVED that the City of Desert Hot Springs requests that the Salton Sea Management Program allocate two million dollars of the $507.5 million in unused and available funding for restoring the Salton Sea for an immediate comparative engineering review of the ocean water import proposals accepted by the State in 2018.

Item Number: 7.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs on the 15th day of September, 2020, by the following vote:

AYES: 5 – Betts; Gardner; Griffith; Pye; and Mayor Matas.

NOES: None.

ABSENT: None.

ABSTAIN: None.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 7.

Item Number: 7.

RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, CALIFORNIA, DECLARING ITS CONTINUED

SUPPORT FOR OCEAN WATER IMPORTATION TO REFILL THE

SALTON SEA WHILE REDUCING GREENHOUSE GAS EMISSIONS
WHEREAS, the inflow of water to the Salton Sea has decreased and pursuant to the Quantification Settlement Agreement, mitigation water inflows ended on December 31, 2017, and without restoration or stabilization measures, the Salton Sea will rapidly decline; and
WHEREAS, The State of California (“State”) has developed the Salton Sea Management Program (“SSMP”) through departments within the California Natural Resources and Environmental Protection Agencies and is obligated to pay for certain costs related to habitat, and water quality issues at the Salton Sea; and WHEREAS, On January 15, 2019, the City Council adopted Resolution No. 2019-003 in support of a Memorandum of Understanding (MOU) with Riverside and Imperial Counites to work together with local agencies to collaborate with stakeholders affected by the Salton Sea. The goal was to solve complex challenges and promote economic development, public health, air quality, and wildlife habitat; and WHEREAS, the California State Water Resources Control Board has an oversight role in monitoring and ensuring progress towards the goal of the SSMP and has set a deadline of December 31, 2022, for the completion of a long-term plan regarding the Salton Sea; and
WHEREAS, the State requires that any water import project proposal include an engineering and logistic feasibility study conducted on behalf of the proponent by an accredited or licensed engineering, planning, or equivalent organization recognized by the State prior to consideration by the SSMP; and
WHEREAS, the State prepared a Request for Proposal (RFP) for an independent reviewer panel to conduct a feasibility study of water importation proposals in February 2020 and again in June 2020, neither of which received response; and WHEREAS, On September 15, 2020, the City Council adopted Resolution No. 2020-049 requesting that the Salton Sea Management Program allocate two million dollars of the $507.5 million in unused and available funding for restoring the Salton Sea for an immediate comparative engineering review of the ocean water import proposals accepted by the State in 2018; and
WHEREAS, The Ocean Water Importation Independent Review Panel must consider potential carbon emissions when conducting the previously requested comprehensive analysis of ocean water import. This analysis must include emissions from a drying lakebed and proposed shallow water bodies as well as construction related emissions, to reduce greenhouse gasses to the atmosphere while considering long-range solutions.

Item Number: 7.

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

SECTION 1. The City of Desert Hot Springs declares its continued support of ocean water import to refill the Salton Sea. This is the long-range plan most likely to restore the ecosystem, protect public health, support recreation and tourism, contribute to a vigorous regional economy, and avoid ongoing releases of greenhouse gases to the atmosphere.

SECTION 2. The City of Desert Hot Springs requests that the Ocean Water Importation Independent Review Panel consider potential carbon emissions when conducting the comprehensive analysis of ocean water import. This analysis must include emissions from a drying lakebed and proposed shallow water bodies as well as construction related emissions.

PASSED, APPROVED, and ADOPTED at a regular meeting of the Desert Hot Springs City Council held on this 7th day of June, 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: 7.

SR-22-136
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Coachella Valley Mountains Conservancy Grant Award Agreement RECOMMENDATION:

Authorize the City Manager to execute a grant agreement between the Coachella Valley Mountains Conservancy (CVMC) and the City of Desert Hot Springs, to receive grant funding totaling $128,000 for the DHS Trails Conservation Outreach and Education Program.

BACKGROUND:

On November 8, 2021, the Coachella Valley Mountains Conservancy (CVMC) released a “Request for Proposals” seeking applications from state and local public entities, nonprofit organizations, and Indian tribes within the Coachella Valley for projects that fulfilled the objectives of the Climate Resiliency and Community Access Grant Program (“Program”).

The Program’s objectives were to invest in the local conservation community by creating new programs or developing organizational or agency capacity to:
1) Enhance desert resilience to climate change and foster conservation of the desert as a carbon sink;
2) Promote equity in access to outdoor recreation throughout the Valley; or 3) Improve natural resources management on existing conservation lands.

DISCUSSION:

On February 10, 2022, City Staff submitted a grant application requesting funding for the DHS Trails Conservation Outreach and Education Program (“Project”).

The Project will consist of two components; a youth recreation outdoor hiking program, and a city-wide public outreach program about local outdoor recreational opportunities. The youth recreation outdoor hiking program will feature 4 outdoor events per year, in which students from the Desert Hot Springs Recreation Center will be educated on outdoor hiking and outdoor activities and be taken on an outdoor hiking adventure. The city-wide public outreach program will feature informational advertising, and trail safety and directional signage to help the public find trails or paths and learn about hazards, permitted uses of the trails and the environmental features they will enjoy during their outings.

Item Number: 8.

SR-22-136
On March 14, 2022, the CVMC approved grant funding in the amount of $128,000 for the DHS Trails Conservation Outreach and Education Program. The Project is estimated to cost a total of $200,000, with the CVMC grant award in the amount of $128,000, the remainder will be provided by City funds.

The Project will begin on July 1, 2022 and will be completed on June 30, 2024.

The City has reviewed and agrees with all programmatic requirements of the proposed grant agreement.

FISCAL IMPACT:

The grant reimbursement revenue and program expenses will be added to the FY22-23 Recreation Center (Fund 211) budget. The grant will offset some of the personnel costs already included in the FY22-23 Budget. Any program expenses that exceed the grant amount will be covered by a transfer from the City’s General Fund and other grant fund sources, if available.

ATTACHMENTS:

Exhibit 1 - Grant Agreement - DHS Outreach and Education Program 6-7-22 Item Number: 8.

CRCA GRANT AGREEMENT
Coachella Valley Mountains Conservancy
State of California - The Natural Resources Agency
Grantee Name: City of Desert Hot Springs
Project Title: Trails Conservation Outreach & Education Agreement Number: 38500000CRCA0008
Funding Source: General Fund
Program: CRCA Grant Program
Maximum Grant
Amount: $128,000.00
Agreement Date: April 1, 2022
Completion Date: June 30, 2024
Under the terms and conditions of the Agreement, Grantee agrees to complete the Project as described in the Project Scope attached as Exhibit A, as it may be amended in writing by Grantee and CVMC, and CVMC agrees to fund the Project up to the Maximum Grant Amount above.

PROJECT DESCRIPTION
The City of Desert Hot Springs (the City) will use this grant to create its Trails, Conservation Outreach and Education Program project, which would offer a youth recreation outdoor hiking program and a city-wide public outreach program about local outdoor recreational opportunities.

The City aims to promote equity in access to outdoor recreation for disadvantaged communities and will promote the importance of conservation through outreach and education for youth and the entire community that will immediately impact and continue to impact for years to come.

A detailed Project Scope, Project Schedule and Project Budget are attached hereto as Exhibit A and are hereby incorporated into this Agreement.

The General and Special Conditions attached hereto are hereby incorporated into the Agreement.

City of Desert Hot Springs Coachella Valley Mountains Conservancy By:______________________________ By:________________________________ Luke Rainey Jim R. Karpiak
City Manager Executive Director
Item Number: 8.

TERMS AND CONDITIONS OF GRANT
General Conditions
A. Definitions

1. The term "Act" means the legislation authorizing the Funding Source identified above, along with any applicable regulations established by the Natural Resources Agency or CVMC.

2. The term “Agreement” means this Grant Agreement.

3. The term “Application” means the individual application form, its required attachments and any proposal submitted by the Grantee to CVMC related to the Project, attached as Exhibit A - 1.

4. The term “Application Guidelines” means the CVMC Climate Resilience & Community Access RFP No. 21-01.

5. The term "CVMC" means the Coachella Valley Mountains Conservancy, an agency of the State of California within the Natural Resources Agency.

6. The term “Grant” or “Grant Funds” means the money provided by CVMC to the Grantee or its contractors or vendors under this Agreement.

7. The term "Grantee" means City of Desert Hot Springs, a local public entity in the County of Riverside, State of California.

8. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement.

9. The term “Payment Request” means a form provided by CVMC and/or an invoice and related documentation used by Grantee to request disbursements under this Agreement.

10. The term "Project" means the work listed in the Project Scope attached as Exhibit A to be accomplished with Grant Funds.

11. The term “Project Budget” means the CVMC approved cost estimate included in Exhibit A to this Agreement.

12. The term “Project Scope” means the description included in Exhibit A for work to be accomplished by the Project.

B. Project Execution

1. Subject to the availability of funds in the Act, CVMC hereby grants to the Grantee a sum of money (the “Grant Funds”) not to exceed $128,000.00 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.

2. Grantee shall complete the Project by June 30, 2024, unless an extension has been granted by CVMC in writing and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by CVMC, at its sole discretion.

Item Number: 8.

3. Where relevant, Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000 et. seq., Cal Code Regs. title 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits.

5. Where relevant, Projects must comply with any applicable laws pertaining to prevailing wages and labor compliance.

6. Grantee shall provide access by CVMC to any of its draft data, surveys, studies or other work product related to the Project within two business days of CVMC’s written request.

7. Prior to the commencement of any work, any modification or alteration in the Project as set forth in the Application on file with CVMC must be submitted to CVMC for approval.

Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved.

C. Project Costs

1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs shall not exceed in any event the amount set forth in Section B. 1 above, in accordance with the budget in the Project Budget, as it may be revised in writing by CVMC.

Grant Funds may be disbursed in one of two ways, at Grantee’s option:
a. Reimbursement. Grantee may request reimbursement for Project costs paid through the Quarterly Invoicing and Reporting Process set forth in Section 2 below, provided that documentation of such costs in form reasonably acceptable to CVMC is submitted with the invoice.
b. Advance Payments. Grantee may request advances for up to three months of estimated Project costs through the Quarterly Invoicing and Reporting Process set forth in Section 2 below. Grantee shall be required to provide documentation of such costs in form reasonably acceptable to CVMC at the end of the next quarter.

2. Quarterly Invoicing and Reporting Process
a. Payment requests may be submitted not more frequently than quarterly on the following schedule:
i. 1st Quarter (January – March): by April 30
ii. 2nd Quarter (April – June): by July 31
iii. 3rd Quarter (July – September): by October 31.
iv. 4th Quarter (October – December): by January 31
b. All payment requests must be submitted using a completed Payment Request form attached as Exhibit A - 2 that includes an itemized list of all expenditures proposed for reimbursement or advance payment that identifies the corresponding budget category descriptions as follows: Salaries and Benefits, Consultants, Materials and Equipment, Travel and Other in the Project Budget approved by CVMC.
c. Each payment request for reimbursement must also include proof of payment such as payroll records, receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made.
d. Each request for advance payment (except for the first one submitted under this Agreement) shall include proof of payment such as payroll records, receipts, paid invoices, canceled checks or other forms of documentation demonstrating expenditures of previously advanced Item Number: 8.

funds. CVMC reserves the right to reduce the amount of the next quarterly advance to the extent that previously advanced grant funds remain to be spent. e. In addition to the Payment Request, Grantee shall submit a brief narrative Project Status Report on Project activities and progress in the prior quarter. CVMC reserves the right to request additional information about the Project prior to processing the disbursement. f. Late Payment Requests will be accepted; however, processing may be delayed due to other regularly scheduled tasks required of CVMC related to state reporting and preparation for board meetings.
g. Any Payment Request that is submitted without the required Project Status Report and required itemization and documentation, as determined reasonably by CVMC, will not be authorized. If the payment request package is incomplete, inadequate or inaccurate, CVMC will inform the Grantee and hold the Payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and are not reimbursable under this Agreement.

3. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by CVMC must occur within the time frame of the Project Performance Period as indicated in this Agreement.

4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by CVMC. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by CVMC. However, the Grantee shall notify CVMC in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by CVMC. In any event, the total amount of the Grant Funds may not be increased.

D. Project Administration

1. Grantee shall promptly provide Project reports, photographs or other documentation upon request by CVMC. In any event Grantee shall provide CVMC a report showing total final Project expenditures with the final payment request and required closeout documents.

2. Grantee shall make any studies, reports or other work product developed as part of the Project available for inspection upon request by CVMC at any time.

3. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than September 30, 2024.

4. Final payment is contingent upon CVMC review of the Project and any related work product and CVMC’s determination that the Project is consistent with Project Scope as described in Exhibit A, together with any CVMC approved amendments.

5. This Agreement may be amended by mutual agreement in writing between Grantee and CVMC. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment.

Item Number: 8.

6. Grantee must report to CVMC all sources of other funds for the Project.

E. Project Termination

1. Prior to the completion of the Project, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. CVMC may also terminate this Grant Agreement at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with CVMC.

2. If CVMC terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to CVMC under this Agreement. CVMC shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.

3. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to CVMC of all amounts disbursed by CVMC under this Agreement, plus any further costs related to the Project. CVMC may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that CVMC determines it is in CVMC’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to CVMC for breach of this Agreement.

4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the Act may be cause for suspension of all obligations of CVMC hereunder.

5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of CVMC hereunder if, in the judgment of CVMC, such failure was due to no fault of the Grantee. At the discretion of CVMC, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.

F. Hold Harmless

1. Grantee shall waive all claims and recourses against CVMC, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence or intentional misconduct of CVMC, its officers, agents and employees.

2. Grantee shall indemnify, hold harmless and defend CVMC, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including development, construction, operation or maintenance of the improvements and site described in the Project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence or willful misconduct of CVMC, its officers, agents or employees.

3. Grantee and CVMC agree that in the event of judgment entered against CVMC and Grantee because of the gross negligence or intentional misconduct of both CVMC and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

Item Number: 8.

G. Financial Records

1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to CVMC for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for a minimum of five (5) years after final payment and one (1) year following an audit.

2. Grantee agrees that during regular office hours, CVMC and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by CVMC accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement.

H. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by CVMC. Use of Work Product
Grantee agrees that any reports, surveys and other work product developed as part of the Project are being created to achieve the public benefits and objectives of the Project and shall not be used for commercial purposes without the written permission of CVMC.

I. Nondiscrimination
The Grantee shall not discriminate against any person on the basis of sex, race, color, ancestry, religious creed, national origin, disability, sexual orientation, gender identity, age (over 40) or marital status in the implementation of the Project funded by this Agreement.

J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by CVMC are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

K. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party.

M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.

N. Audit Requirements
Projects are subject to audit by CVMC annually for five (5) years following the final payment of Grant Funds and may be subject to audits by other State agencies after that. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate Item Number: 8.

to the Project for which the Grant Funds were granted. If Grantee does not intend to retain Project records after five years, Grantee shall provide full copies of all Project records to CVMC prior to destroying any such records.

Item Number: 8.

SPECIAL CONDITIONS

1. Grantee shall complete the Project in accordance with its proposal attached hereto as Exhibit A-1, except to the extent modified by this Agreement or other writing executed by CVMC and Grantee.

Item Number: 8.

EXHIBIT A
I. Project Scope
The City of Desert Hot Springs (the City) will create its Trails, Conservation Outreach and Education Program project, which will offer a youth recreation outdoor hiking program and a citywide public outreach program about local outdoor recreational opportunities.

The youth recreation outdoor hiking program will feature 4 events per year, in which students from the Desert Hot Springs Recreation Center will be educated on outdoor hiking and outdoor activities and the be taken on an outdoor hiking adventure. The city-wide public outreach program will feature informational advertising, and trail safety and directional signage to help the public find trails or paths and learn about hazards, permitted uses of the trails and the environmental features they will enjoy during their outings.

The City and surrounding area constitute the largest economically disadvantaged are on the western side of the Valley, while at the same time enjoying some of the most scenic and underutilized public lands. The Project complements the City’s economic development efforts to establish Desert Hot Springs as a destination for hiking and other outdoor recreational activities.

Total cost of the Project is $200,000.00, with the Conservancy grant award in the amount of $128,000; the remainder will be provided by the City. The City has agreed to comply with all programmatic requirements of the CRCA.

II. Project Schedule
The Outreach and Educational Program will begin on July 1, 2022, and will be completed on June 20, 2024. Below are tasks estimated to be completed within each time period; July 2022 to December 2022
• Hire consultant to design outreach materials and educational materials = $5,000 • Purchase outdoor hiking materials and recreation materials for 2 hiking events = $7,000 • Organize and attend 2 hiking events = $10,000
• Hire Consultant to design digital materials, update website, social media, etc = $2,000 • Purchase outreach brochures and informational flyers = $3,000 • Hire consultant to design and install wayfinding signs, trailhead signs, safety signs, and hazard signs = $20,000
January 2023 to June 2023
• Purchase outdoor hiking materials and recreation materials for 2 hiking events = $7,000 • Organize and attend 2 hiking events = $10,000
July 2023 to December 2023
• Hire consultant to design outreach materials and educational materials = $5,000 • Purchase outdoor hiking materials and recreation materials for 2 hiking events = $7,000 • Organize and attend 2 hiking events = $10,000
• Hire Consultant to design digital materials, update website, social media, etc = $2,000 • Purchase outreach brochures and informational flyers = $3,000 • Hire consultant to design and install wayfinding signs, trailhead signs, safety signs, and hazard signs = $20,000
Item Number: 8.

January 2024 to June 2024
• Purchase outdoor hiking materials and recreation materials for 2 hiking events = $7,000 • Organize and attend 2 hiking events = $10,000
III. Project Budget
Overall Budget
Description of
Budgeted Item Total
Costs per Budget
Salaries and Benefits 0
Consultants $14,000
Materials and Equipment $74,000
Travel Expenses 0
Other $40,000
Total Grant Costs $128,000.00
Item Number: 8.

EXHIBIT A-1

GRANTEE APPLICATION
Item Number: 8.

Item Number: 8.

Item Number: 8.

Item Number: 8.

Item Number: 8.

Item Number: 8.

EXHIBIT A-2
Payment Request Form
(GRANTEE LETTERHEAD)

REQUEST FOR DISBURSEMENT OF

CRCA GRANT FUNDS
Advanced Payment Quarterly Disbursement Payment
Grant Number: 38500000CVMC X X X X _______ _
Project Name: ______________________________
Grantee: ______________________________ ____
The undersigned, duly authorized representative of ________________________, hereby requests that the Coachella Valley Mountains Conservancy disburse the sum of $_______________________________ per the above-referenced CRCA grant agreement to __________________________________________________ at the following address:

SEND CHECK DIRECTLY TO:
___________________________
___________________________
___________________________
For payment of the following budget categories:

Description of
Budgeted Item
Total
Costs per
Budget
Invoice
#________
for Current
Disbursement
Total of
Previous
Invoices
Remaining
Budget
Balance
Salaries and Benefits
Consultants
Materials and Equipment
Travel Expenses
Other
Total Grant Costs $0.00
Date: ____________________
Signature of authorized representative
If you have any questions with respect to this request, please contact _________ at (760) XXXXXXX. Attached is a copy of the documentation of the above costs.

Item Number: 8.

SR-22-141
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: May 17, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - May 17, 2022 Item Number: 9.

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, May 17, 2022
Council Chambers
PRESENTATIONS - 5:15 P.M.

LifeStream Blood Bank Presentation
Jacob Peykani, LifeStream Regional Account Manager, gave a presentation regarding the ongoing blood donation shortage, local blood drives efforts, and responded to questions.

Mission Springs Water District, Regional Water Reclamation Facility Presentation
Marion Champion, MSWD Programs and Public Affairs Manager, presented an overview of the Regional Water Reclamation Facility, and responded to questions.

Proclamation for National Public Works Week
Mayor Matas and the City Council presented a Proclamation for "National Public Works Week" to the Public Works Department.

REGULAR SESSION - 6:00 P.M.

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

ROLL CALL

Present:

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

INVOCATION
Mayor Pro Tem Gardner gave the Invocation.

Item Number: 9.

City Council
May 17, 2022

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

APPROVAL OF AGENDA
ACTION: Approve the May 17, 2022 Regular Meeting agenda and approve the Consent Calendar in its entirety.

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

PUBLIC COMMENTS
Eddie Johnson and Jeff Cole announced that VFW Post 1534 would be hosting a Memorial Day Event.

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

Roberta Crncic, Executive Program Director, announced that the Furbee Aquatics Center would be opening for the season on May 28, 2022 and that enrollment was open for the Youth Summer Camp Program.

MAYOR AND COUNCIL MEMBER REPORTS
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 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.

The agenda items were considered in the following order: 2, 3, 9, 1, 5, 6, 7, 8, and 4.

PUBLIC HEARINGS:

1. Noise Control Ordinance
Staff Report - SR-22-081 - Pdf
Item Number: 9.

City Council
May 17, 2022
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 Amending Chapter 8.12 (“Noise Control”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code; Amending Section 4.16.010 (“Unlawful Acts—Public Nuisances”) Of Chapter 4.16 (“Public Nuisances”) of Title 4 (“Code Enforcement”) of the Desert Hot Springs Municipal Code; Amending Section 5.28.070 (“Permit Use and Manner of Peddling”) of Chapter 5.28 (“Sidewalk Vendors and Peddlers”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code; Amending Section 5.52.030 (“General Regulations”) of Chapter 5.52 (“Mobile Food Vending Vehicles”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code."
Christina Newsom, Compliance Manager, 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.

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
ADMINISTRATIVE CALENDAR:

2. Funding Request from Dr. Carreón Foundation
Staff Report - SR-22-122 - Pdf
Recommendation:

Consider a scholarship funding request from the Dr. Carreón Foundation.

Jerryl Soriano, City Clerk, presented the staff report.

Ricardo Loretta, Executive Director, Dr. Carreón Foundation, responded to questions.

Item Number: 9.

City Council
May 17, 2022
ACTION: Approve a funding contribution $5,000 (with an additional $2,500 if there's a commitment from the other 6 cities).

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

3. Short Term Vacation Rentals
Staff Report - SR-22-128 - Pdf
Recommendation:

Consider recommendations and provide direction to Staff.

Doria Wilms, Deputy City Manager, presented the staff report and responded to questions.

Council Member Betts and Mayor Pro Tem Gardner presented their report and responded to questions.

A discussion ensued.

Mayor Matas opened the Public Hearing.
1) Scott Roark spoke in support of Short Term Vacation Rentals (STVRs). 2) Abel Chavira spoke in support of STVRs.
3) Michael Slate spoke in support of STVRs.
4) Christina Ellwood spoke in support of STVRs.
5) Joana Edwards spoke in support of STVRs.
6) Tim McNeely spoke in support of STVRs.
7) Andrew Rath spoke in support of STVRs.
8) Joshua Woody spoke in support of STVRs.
9) Kim Lee spoke in support of STVRs.
10) Ana (last name inaudible) spoke in support of STVRs. 11) Starla Clark spoke in support of STVRs.

Item Number: 9.

City Council
May 17, 2022
12) Walker Beverly spoke opposed to STVRs.
13) John Thatcher spoke in support of STVRs.
14) Julia (last name not provided) spoke in support of STVRs. 15) Kent Andersen expressed concerns and spoke in support of STVR regulations.
16) Davis Myer, Visit Greater Palm Springs, spoke in support of STVRs. 17) Brian Meuse expressed concerns and spoke in support of STVR regulations.
18) Patricia (last name inaudible) spoke in support of STVRs. 19) Deborah Haas spoke in support of STVRs.
20) Oswaldo Beltran spoke in support of STVRs.
21) Jenny Andersen spoke in favor of STVR regulations.
22) Violet (last name not provided) spoke in favor STVRs. 23) Jack Myers spoke in favor of STVRs and regulations. 24) Nelly Arkelian spoke in favor of STVRs.
25) Mirasol (last name not provided) spoke in favor of STVRs. 26) Carrie Martinez spoke in favor of STVRs.
27) Christopher Wills spoke in favor of STVRs..
28) Ryan Masterakis spoke in favor of STVRs.
29) Handel Caballero spoke in favor of STVRs.
30) Marilini Lora spoke in favor of STVRs.
31) Kyle Mabrey spoke in favor of STVRs.

Mayor Matas closed the Public Hearing.

A discussion ensued.

Item Number: 9.

City Council
May 17, 2022
It was unanimously agreed to not enact a ban on short-term vacation rentals.

The City Council provided direction including bringing back an ordinance at a future meeting.

The City Council recessed at 8:36 P.M.

The City Council reconvened at 8:46 P.M.

4. Approval of Parcel Map No.31758, for Coachillin Holdings, LLC Staff Report - SR-22-112 - Pdf
Recommendation:
1) Find that the Parcel Map No. 37158 is in substantial conformance with the previously approved tentative map;
2) Approve Parcel Map 37158 in accordance with the Conditions of Approval; 3) Accept any dedications and/or easements;
4) Authorize the City Clerk and City Engineer to sign the map evidencing the City Council’s approval; and
5) Authorize staff to process and file the map with the County Recorder’s Office.

Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation.

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

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

5. Landscape and Lighting Maintenance District No. 1 Intention Proceedings for the Levy and Collection of Assessments
Staff Report - SR-22-114 - Pdf
Recommendation:
1) Adopt a Resolution of the City Council, declaring its intention for the levy and collection of assessments for the Citywide Landscape and Lighting Maintenance District No. 1, Zone A and Zone B, for Fiscal Year 2022-23; and
2) Adopt a Resolution of the City Council, approving the Annual Engineer’s Report regarding the proposed levy and collection of assessments for the Landscape and Lighting Maintenance District No. 1 for Fiscal Year 2022-23.

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

Item Number: 9.

City Council
May 17, 2022
Geoffrey Buchheim, Administrative Services Director, presented the staff report.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-012 (Intention) and Resolution No. 2022-013 (Engineer's Report).

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

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

6. Landscape and Lighting Maintenance District No. 2 Intention Proceedings for the Levy and Collection of Assessments.

Staff Report - SR-22-115 - Pdf
Recommendation:
1) Adopt a Resolution of the City Council declaring its intention for the levy and collection of assessments for Landscape and Lighting Maintenance District No. 2, Zones 1 through 19, for Fiscal Year 2022-23; and 2) Adopt a Resolution of the City Council approving the Annual Engineer's Report regarding the proposed levy and collection of assessments for Landscape and Lighting Maintenance District No. 2, Zones 1 through 19, for Fiscal Year 2022-23.

At this time, straws were drawn under the Rule of Necessity for Items 6 and 7 because a majority of the City Council members present had a potential conflict of interest.

Council Member Betts and Council Member Nuñez recused from the proceedings for Landscape and Lighting Maintenance District No. 2 due to a potential conflict of interest.

Geoffrey Buchheim, Administrative Services Director, presented the staff report for Items 6 and 7, and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-014 (Intent) and Resolution No. 2022-015 (Engineer's Report).

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 3-0 by the following votes:

AYES: Pye, Gardner, and Matas
RECUSE: Betts and Nuñez
Item Number: 9.

City Council
May 17, 2022

7. Drainage Assessment District No. 1 Intention Proceedings for the Levy and Collection of Assessments
Staff Report - SR-22-116 - Pdf
Recommendation:
1) Adopt a Resolution of the City Council, declaring its intention for the levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2022-23; and
2) Adopt a Resolution of the City Council, for approval of the Annual Engineer’s Report regarding the proposed levy and collection of assessments for the Drainage Assessment District No. 1 for Fiscal Year 2022-23
The staff report was presented under Item No. 6.

Council Member Betts and Council Member Nuñez recused from the proceedings for Drainage Assessment District No. 1 due to a potential conflict of interest.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-016 (Intent) and Resolution No. 2022-017 (Engineer's Report).

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 3-0 by the following votes:

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

8. SB 821 Funding for 8th Street Sidewalk and ADA Improvement Project Staff Report - SR-22-110 - Pdf
Recommendation:

Authorize the City Manager to execute a funding agreement between Riverside County Transportation Commission (RCTC) and the City of Desert Hot Springs, to receive SB 821 funding totaling $ 340,000 for the Wardman Park/8th Street Sidewalk and ADA Improvement Project.

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

ACTION: Approve Staff recommendation.

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

AYES: Betts, Nuñez, Pye, Gardner, and Matas
Item Number: 9.

City Council
May 17, 2022

9. Organic Waste Recycling SB 1383 Ordinance
Staff Report - SR-22-123 - Pdf
Recommendation:

Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 8.04 (Garbage and Rubbish) and Chapter 8.10 (Recycling of Commercial Solid Waste and Organic Waste) of Title 8 (Health and Safety) of the Desert Hot Springs Municipal Code.

Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

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
CONSENT CALENDAR:

10. City Council Regular Meeting Minutes: May 3, 2022
Staff Report - SR-22-126 - Pdf
ACTION: Approved the Minutes as presented.

11. State Homeland Security Grant Program Resolution
Staff Report - SR-22-124 - Pdf
ACTION: Approved Staff recommendation and adopt Resolution No. 2022-018 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.

12. Second Reading and Adoption of An Ordinance Adding a Definition for Sustainable Housing and Carports
Staff Report - SR-22-125 - Pdf
ACTION: Adopted Ordinance No. 756: “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 Item Number: 9.

City Council
May 17, 2022
Residential Developments.”

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 9:30 P.M.

Jerryl Soriano, CMC, City Clerk
Item Number: 9.

SR-22-130
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of Noise Control Ordinance RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs Amending Chapter 8.12 (“Noise Control”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code; Amending Section 4.16.010 (“Unlawful Acts—Public Nuisances”) of Chapter 4.16 (“Public Nuisances”) of Title 4 (“Code Enforcement”) of the Desert Hot Springs Municipal Code; Amending Section 5.28.070 (“Permit Use and Manner of Peddling”) of Chapter 5.28 (“Sidewalk Vendors and Peddlers”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code; Amending Section 5.52.030 (“General Regulations”) of Chapter 5.52 (“Mobile Food Vending Vehicles”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code."
BACKGROUND:

The ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on May 17, 2022.

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

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from May 17, 2022
Exhibit 2 - Noise Ordinance Update
Item Number: 10.

SR-22-081
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 17, 2022
Department: Police Department
Prepared by: Christina Newsom, Compliance Manager
Subject: Noise Control Ordinance
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 Amending Chapter 8.12 (“Noise Control”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code; Amending Section 4.16.010 (“Unlawful Acts—Public Nuisances”) Of Chapter 4.16 (“Public Nuisances”) of Title 4 (“Code Enforcement”) of the Desert Hot Springs Municipal Code; Amending Section 5.28.070 (“Permit Use and Manner of Peddling”) of Chapter 5.28 (“Sidewalk Vendors and Peddlers”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code; Amending Section 5.52.030 (“General Regulations”) of Chapter 5.52 (“Mobile Food Vending Vehicles”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code."
BACKGROUND:

The Desert Hot Springs Municipal Code (“DHSMC”) Chapters 4.16, 8.12, 5.28, and 5.52 regulates noise in various situations. Noise disturbance is defined and regulated primarily through Chapter 8.12 of the DHSMC. Noise mitigation is also referenced in other provisions of the DHSMC, including disturbances between the hours of 10:00 p.m. and 6:00 a.m., activities by peddlers, and food trucks.

However, the current regulations are inconsistent and often do not provide much guidance on determining a noise violation.

DISCUSSION:

To promote the consistent enforcement of noise regulations, the proposed Ordinance will amend each of the provisions identified above to reference Chapter 8.12 as the guide for determining noise violations. Additionally, Chapter 8.12 will be updated to include factors for determining a noise disturbance.

The proposed ordinance will amend noise regulations as follows:

Item Number: 10.

SR-22-081
• Establish that the existence of unreasonable noise and vibration within the City is a condition that is detrimental to the peace, health, safety, welfare and quality of life of the citizens and shall be regulated in the public interest.
• Remove the outlined enforcement procedures in Chapter 8.12 and instead use applicable procedures in Title 4 (Code Enforcement) of the code.
• Provide factors to determine whether a violation of Chapter 8.12 occurred including: the volume, level and intensity of the noise, the proximity of the noise to residential or commercial sleeping areas, and the nature and zoning of the area within which the noise emanates.

This updated streamlined procedure will allow City staff to rely upon uniform rules to mitigate unreasonable noise in a variety of contexts.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Noise Ordinance Update
Item Number: 10.

C2014/000 - 315154.1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING CHAPTER 8.12 (“NOISE CONTROL”) OF
TITLE 8 (“HEALTH AND SAFETY”) OF THE DESERT HOT SPRINGS MUNICIPAL CODE; AMENDING SECTION 4.16.010 (“UNLAWFUL
ACTS—PUBLIC NUISANCES”) OF CHAPTER 4.16 (“PUBLIC
NUISANCES”) OF TITLE 4 (“CODE ENFORCEMENT”) OF THE
DESERT HOT SPRINGS MUNICIPAL CODE; AMENDING SECTION

5.28.070 (“PERMIT USE AND MANNER OF PEDDLING”) OF CHAPTER

5.28 (“SIDEWALK VENDORS AND PEDDLERS”) OF TITLE 5
(“BUSINESS LICENSES AND REGULATIONS”) OF THE DESERT HOT SPRINGS MUNICIPAL CODE; AMENDING SECTION 5.52.030
(“GENERAL REGULATIONS”) OF CHAPTER 5.52 (“MOBILE FOOD
VENDING VEHICLES”) OF TITLE 5 (“BUSINESS LICENSES AND
REGULATIONS”) OF THE DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, currently chapter 8.12 “Noise Control” of the Desert Hot Springs Municipal Code (“DHSMC”) regulates the noise to mitigate unnecessary, excessive, and annoying noise and vibration; and
WHEREAS, currently section 4.16.010 of the DHSMC defines general public nuisance violations, including loud noises between the hours of 10:00 p.m. and 6:00 a.m.; and
WHEREAS, currently section 5.28.070 of the DHSMC prohibits peddlers from disturbing the peace and quiet of a neighborhood by the use of loud noise; and WHEREAS, currently section 5.52.030 of the DHSMC prohibits mobile food vending vehicles from using sound-amplifying or noise-making equipment; and WHEREAS, the City Council finds that the public interest is better served by creating more uniform noise control regulations in order to mitigate unreasonable, unnecessary, or excessive noise and vibration; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the public interest, health, safety, convenience, and welfare.

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

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

Item Number: 10.

C2014/000 - 315154.1
Section 2. AMENDING CHAPTER 8.12 (“NOISE CONTROL”) OF TITLE 8 (“HEALTH AND SAFETY”) OF THE DESERT HOT SPRINGS

MUNICIPAL CODE
Chapter 8.12 (“Noise Control”) of Title 8 (“Health and Safety”) of the Desert Hot Springs Municipal Code is hereby amended to read as follows:

Chapter 8.12 NOISE CONTROL

8.12.010 Purpose.

It is the purpose of this chapter to implement regulations and general administrative procedure to control and abate unreasonable, unnecessary, excessive and annoying noise and vibration. It is the further purpose of this chapter to recognize that the existence of excessive unreasonable noise and vibration within the City is a condition that is detrimental to the peace, health, safety, welfare and quality of life of the citizens and shall be regulated in the public interest.

8.12.020 Definitions.

As used in this chapter, the following terms have the meanings given:

A. “Construction” means any site preparation, assembly, erection, substantial repair, alteration, or similar action.

B. “Demolition” means any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

C. “Leaf blower” means any portable, handheld or backpack, engine-powered device with a nozzle that creates a direct airstream capable of and intended for moving leaves and light materials.

D. “Noise” is interchangeable with the term “sound.”
E. “Noise disturbance” means any sound that:

1. Endangers the safety or health of any person;

2. Disturbs a reasonable person of normal sensitivities; or

3. Endangers personal or real property.

F. “Noise sensitive zone” means all parcels upon which noise sensitive activities are conducted, including, but not limited to, operations of schools, libraries open to the public, spas, hotels as defined in the transient occupancy tax provisions of the municipal code, churches, hospitals, and nursing homes.

Item Number: 10.

C2014/000 - 315154.1
G. Permitted hours of operation. Where sound is restricted to “permitted hours of operation,” the term means:

1. Monday through Friday, 7:00 a.m. through 6:00 p.m.

2. Saturday, 8:00 a.m. through 6:00 p.m.

3. Sunday, 9:00 a.m. through 5:00 p.m.

H. “Powered model vehicle” means any self-propelled airborne, waterborne, or land-borne plane, vessel, or vehicle, which is not designed to carry persons, including, but not limited to any model airplane, boat, car, or rocket.

I. “Real property boundary” means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person or entity from that owned by an other, but not including intra-building real property divisions.

J. “Sound” means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

K. “Sound amplifying equipment” means any machine or device for the amplification of the human voice, music or any other sound. Sound amplifying equipment shall not be construed as including a standard automobile radio when used and heard only by the occupants of the vehicle in which it is installed or warning devices on authorized emergency vehicles.

L. “Sound truck” means any motor vehicle or other vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon, built-in or attached thereto, any sound amplifying equipment.

8.12.30 Noise disturbances prohibited.

A. It is unlawful and a public nuisance for any person to make, suffer, permit, allow, continue, or cause to be made, suffered, permitted, allowed, or continued, within the City limits or within 200 feet thereof, any noise disturbance.

B. The factors to determine whether a violation of this chapter occurred shall include, but are not limited to, the following:

1. The volume, level, and intensity of the noise;

2. Whether the nature of the noise is usual or unusual;

3. Whether the origin of the noise is natural or unnatural;

4. The level and intensity of the background (ambient) noise, if any; Item Number: 10.

C2014/000 - 315154.1

5. The proximity of the noise to residential or commercial sleeping areas;

6. The nature and zoning of the area within which the noise emanates;

7. The density of inhabitation of the area within which the noise emanates;

8. The time of day or night the noise occurs;

9. The duration of the noise;

10.Whether the noise is constant, or recurrent or intermittent;

11.The number of persons affected by the noise;

12.Whether the noise is produced by a commercial or
noncommercial activity;

13. If the noise is produced by a commercial activity, whether the activity is lawful under this code and whether the noise is one that could reasonably be expected from the commercial activity.

8.12.040 Other specific prohibitions.

A. No person shall cause, suffer, allow, or permit to be made verbally or mechanically any sound prohibited pursuant to Section 8.12.030.

B. The following acts, and the causing thereof, are declared to be in violation of this chapter:

A. 1. The sounding of any horn or other auditory signaling devices on or in any motor vehicle except as a warning of danger.

B. 2. The use or operation of any sound production or reproduction device, radio receiving set, musical instrument, drums, phonograph, television set, loud speakers, sound amplifier, public address system or other similar machine or device for the producing or reproducing of sound:

1. a. Between the hours of 8:00 p.m. and 8:00 a.m. the following day in such a manner as to create a noise disturbance across a real property boundary;

2. b. In such a manner as to be plainly audible within any noise sensitive zone;

3. c. In such a manner as to be plainly audible at a distance of 50 feet from the source;

4. d. In such a manner as to create a noise disturbance to any person other than the operator of the device, when operated by any passenger on a common carrier.

Item Number: 10.

C2014/000 - 315154.1
C. 3. The use or operation of a leaf blower:

1. a. Between the hours of 8:00 p.m. and 7:00 a.m. on Monday through Friday; and

2. b. Between the hours of 8:00 p.m. and 9:00 a.m. on Saturday and/or Sunday.

4. Yelling, shouting, hooting, whistling or singing on the public streets or on any publicly owned property between the hours of 10:00 p.m. and 8:00 a.m., or at any time or place so as to disturb the quiet comfort or repose of persons in any office, or in any dwelling, hotel or other type of residence or persons in the close proximity.

D. 5. Owning, possessing or harboring any animal or bird which frequently or for continued duration, howls, barks, squawks, or makes other sounds which create a noise disturbance across a residential real property boundary or which are audible within a noise sensitive zone.

8.12.050 Burglar alarms.

A. Audible burglar alarms for structures or motor vehicles are prohibited unless the operation of such burglar alarm will be terminated within ten minutes of being activated.

B. Notwithstanding the requirements of this chapter, any member of the Police Department of the City shall have the right to take such steps as may be reasonable and necessary to disconnect any such alarm installed in any building, dwelling, or motor vehicle at any time during the period of its activation. This section does not preclude the towing and storage of vehicles in accordance with the procedures set forth in the California Vehicle Code.

8.12.060 Sound trucks.

A. No person shall use, or cause to be used, a sound truck with its sound amplifying equipment in operation, for commercial or noncommercial purposes, in the City, before filing a written sound truck registration statement with the City Business Licensing Department.

B. Preexisting sound trucks operating in the City prior to the date of adoption of the ordinance codified in this chapter shall be granted a 60-day period from the date of adoption within which to comply with the provisions of this chapter and file a sound truck registration statement with the City Business Licensing Clerk.

C. The sound truck registration statement shall be filed in duplicate and shall state the following:

Item Number: 10.

C2014/000 - 315154.1

1. Name and home address of the registrant;

2. Address of place of business of registrant;

3. License number and motor number of the sound truck to be used by the registrant;

4. Name and address of person who owns the sound truck;

5. Name and address of person having direct charge of the sound truck;

6. Names and addresses of all persons who will use or operate the sound truck;

7. The purpose for which the sound truck will be used;

8. A general statement as to the section or sections of the City in which the sound truck will be used;

9. The proposed hours of operation of the sound truck;

10. The number of days of proposed operation of the sound truck;

11. Proof of current liability insurance;

12. A general description of the sound amplifying equipment that is to be used; and

13. The maximum sound producing power of the sound amplifying equipment to be used in or on the sound truck as follows:
a. The wattage to be used;
b. The volume in decibels of the sound that will be produced; c. The approximate maximum distance which sound will be thrown from the sound truck.

D. All persons using, or causing to be used, sound trucks shall amend any registration statement filed pursuant to this section within 48 hours after any change in the information therein furnished.

E. The Business Licensing Clerk shall return to the registrant one copy of the registration statement duly certified as a correct copy of the registration statement. The certified copy of the registration statement shall be in the possession of any person operating the sound truck at all times while the sound truck’s sound amplifying Item Number: 10.

C2014/000 - 315154.1
equipment is in operation and the copy shall be presented to any enforcement officer of the City upon request.

F. Use of sound trucks in the City with sound amplifying equipment in operation shall be subject to the following regulations.

1. The only sounds permitted are music or human speech;

2. Operations are permitted during daylight hours each day. No sound amplifying equipment shall be used during hours of darkness. Darkness is defined as any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernable any person or vehicle on the roadway at a distance of 1,000 feet;

3. Sound amplification equipment shall not be operated within 100 yards of a noise sensitive zone or polling place;

4. The human speech and music amplified shall not be profane, lewd, indecent, or slanderous;

5. The volume of sound shall be controlled so that it will not be plainly audible for a distance in excess of 100 yards from the sound truck and so that the volume is not unreasonably loud, raucous, jarring, disturbing, or a nuisance to persons within the area of audibility.

8.12.070 Prohibited conduct for food vendors and others.

Notwithstanding the provisions of this chapter, it is unlawful for any person including, but not limited to mobile food vending vehicles as defined in chapter 5.52 of this code vending truck operators, to sound, blow or operate any music, chimes or bells, or any similar sound device, amplified or otherwise, that can be heard for a distance greater than 50 feet, for any purpose.

8.12.080 Standing motor vehicles.

No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating in excess of 10,000 pounds, or any auxiliary equipment attached to such a vehicle, including but not limited to refrigerated truck compressors, for a period longer than 15 minutes in any hour while the vehicle is stationary, on a public right-ofway or public space, and within 150 feet of a residential dwelling or noise sensitive zone, between the hours of 7:00 p.m. and 7:00 a.m., for reasons other than traffic congestion.

Item Number: 10.

C2014/000 - 315154.1

8.12.090 Limiting noises or vibration created by vehicles, tools or machinery to permitted hours of operation.

Notwithstanding any other provisions of this chapter, it is unlawful and a public nuisance for any person to cause, suffer, allow, or permit any of the following except during permitted hours of operation:

A. Operation or use of powered model vehicles/planes.

B. Loading and unloading of vehicles, operating of forklifts or cranes within 1,000 feet of a residence or noise sensitive zone.

C. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise disturbance across a residential real property boundary.

D. Repairing, rebuilding, modifying, or resting any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance across a residential real property boundary.

E. Operating any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device so as to cause a noise disturbance across a residential real property boundary.

8.12.100 Construction—Hours of work permitted.

It is unlawful and a public nuisance for any person to cause, suffer, allow or permit any construction, drilling or demolition work, or the use of tools or equipment therefor, during those times and on those days that such activities are prohibited pursuant to Section 9.04.030 of this code, as may be amended from time to time.

8.12.110 Special provisions—Exemptions.

A. The following activities shall be exempt from the provisions of this chapter:

1. Those noise events in the community (e.g., arterial traffic noise) that are more accurately measured by application of the general plan noise element policy;

2. School bands, school athletic and school entertainment events;

3. Outdoor gatherings, public dances, shows and sporting and entertainment events provided such events are authorized by the City via permit, or previously approved development agreement;

4. Activities conducted in public parks and public playgrounds with a valid City permit;
Item Number: 10.

C2014/000 - 315154.1

5. Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work;

6. The emission of sound for the purpose of alerting persons to the existence of any emergency.

7. The emission of sound for the purpose of alerting persons to the existence of an emergency.

8. The emission of sound in the performance of emergency work.

B. The provisions of this chapter shall not preclude the construction, operation, maintenance and repairs of equipment, apparatus or facilities of park and recreation departments, public work projects or essential public services and facilities, including trash collection and those activities of public utilities subject to the regulatory jurisdiction of the California Public Utilities Commission.

C. The provisions of this chapter shall not preclude activities reasonably required to comply with any federal, state, County or local law.

D. If at the time the enforcement officer investigates a burglar alarm or noisy animal(s) complaint, and determines that the cause of the noise is the result of a person, other than the animal’s owner or caretaker, committing or attempting to commit an illegal act, such as trespass or theft, no violation of this chapter shall have taken place.

8.12.120 Enforcement procedures.

The City may enforce this chapter using applicable procedures in Title 4 of this code. as follows:

A. Upon receiving a complaint of a violation of this chapter the City shall cause the following to be performed:

1. The enforcement officer shall respond to the complainant’s location and verify if the disruptive noise is still occurring. If the disruptive noise is present, the enforcement officer shall serve as a witness to the violation. The enforcement officer will advise the owner or person causing or allowing the noise that he or she is in violation of the City of Desert Hot Springs Noise Ordinance.

2. The enforcement officer will issue a written noise warning notice to abate the disturbing noise. The Noise Warning Notice will be in writing and will substantially correspond to the following:

NOTICE: Noise Complaint Response By The City Of Desert Hot Springs. This notice of violation given to (NAME) (DOB) at (LOCATION) on (DATE) (TIME) (PHONE NUMBER) is the result of a disruptive noise complaint in accordance Item Number: 10.

C2014/000 - 315154.1
with the City of Desert Hot Springs Noise Ordinance. You are asked to cease and desist from making any disruptive noises in violation of the City of Desert Hot Springs Noise Ordinance. A second response to this location within the next thirty days for the same violation may result in a citation being issued and can also result in a service charge to you for the City’s actual costs expended in personnel and equipment for a subsequent return to the location.

3. If the problem has been resolved there shall be no further action and the noise warning notice shall be kept on file for a period of 30 days.

4. If after issuing the noise warning notice, an enforcement officer is required to respond to the same location a second time for the same violation within 30 days, the owner or person causing or allowing the disturbing noise shall be issued a citation. The owner or person causing or allowing the disturbing noise may be held liable for the service fee charge of the City’s actual costs expended in personnel and equipment for the second and subsequent responses.

B. The costs for the second response may include damage to City property or injuries to City personnel, and shall be computed pursuant to the schedules adopted by the City, as may be amended from time to time, but shall in no case be less than $100. The costs charged pursuant to this section shall be a personal obligation of the owner or person causing or allowing the disturbing noise, or if that person is a minor, then the parent(s) or guardian(s) of the minor.

8.12.130 Enforcement authority.

The Code Compliance Division Enforcement Department, Police Department, the Building Department, the Business Licensing Department, and/or the Animal Control Department, shall have the power and authority to enforce any and all provisions of this chapter.

8.12.140 Violation—Infractions.

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction.

8.12.150 Continuing or subsequent violation—Misdemeanor.

A. If a violation of this chapter is of a continuing nature, each day during any part of which it occurs shall constitute an additional, separate, and distinct offense.

B. A violation of the same provision of this chapter, by any person having been previously convicted of a violation of this chapter, may be prosecuted, at the discretion of the City Attorney, as either an infraction or as a misdemeanor, punishable by a fine not exceeding $1,000 or imprisonment in the County Jail for a term not exceeding six months, or by both such fine and imprisonment.

Item Number: 10.

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8.12.160 Other code enforcement remedies. Reserved.

Notwithstanding any other provision herein, a violation of this chapter may be enforced pursuant to any applicable provisions of Title 4 of this code.

8.12.170 Cumulative remedies.

All remedies set forth in this chapter shall be cumulative and in addition to any and all other remedies, civil, equitable, or criminal, afforded to the City under the law.

Section 3. AMENDING SECTION 4.16.010 (“UNLAWFUL ACTS—PUBLIC NUISANCES”) OF CHAPTER 4.16 (“PUBLIC NUISANCES”) OF
TITLE 4 (“CODE ENFORCEMENT”) OF THE DESERT HOT

SPRINGS MUNICIPAL CODE
Chapter Section 4.16.010 (“Unlawful Acts—Public Nuisances”) of Chapter 4.16 (“Public Nuisances”) of Title 4 (“Code Enforcement”) of the Desert Hot Springs Municipal Code is hereby amended to read as follows:

4.16.010 Unlawful acts—Public nuisances.

A. The following shall be designated as unlawful acts and public nuisances:

1. Attractive Nuisances. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain on any such premises or property any condition that constitutes an attractive nuisance including, but not limited to, the following:
a. Abandoned, damaged or broken equipment, machinery or household items;
b. Unprotected hazardous or unfilled pools or ponds; and c. Unfenced or otherwise unprotected wells or excavations.

2. Landscaping. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain any front and visible side yards without acceptable landscaping, except for improved surfaces such as walks and driveways. Acceptable landscaping shall include any groundcover, decorative rock, redwood bark, lawn and/or other material as determined to be acceptable or required by the City’s Community Development Director or designee.

Item Number: 10.

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3. Weeds. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property in a manner that has resulted in overgrown weeds to be present on any front and visible side yards and sidewalks.

4. Trees and Shrubs. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property in such a manner that has resulted in:
a. Trees and shrubs with dead or fallen limbs or branches to present a safety hazard or restrict, impede or obstruct the use of a public right-of-way, easement, sidewalk or roadway; or
b. Trees, shrubs and plants to grow out into or over a public right-of-way, easement, sidewalk or roadway where such growth restricts, impedes or obstructs pedestrian or vehicular use of said public right-of-way, easement, sidewalk or roadway.

5. Fire Hazard. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property in such a manner that has resulted in the accumulation of dry or dead plant matter, combustible refuse and waste or any other matter which by reason of its size, manner of growth and location, constitutes a fire hazard to any building, improvement, crop or other property.

6. Vehicle Parking. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any residential premises or residential property in the City to permit on such premises or property any operable vehicle, recreational vehicle, motor home, trailer, camper, camper shell and boat to be parked or stored outside of a garage or carport on an unpaved surface. “Paved” means covered by concrete, asphalt, brick, pavers, or a similar material as approved by the Director.

7. Occupied Vehicles. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to permit on such premises or property any parked operable vehicle, recreational vehicle, motor home, trailer, camper, camper shell and boat to be occupied by any person or persons overnight.

8. Maintenance of Private Walkways, Driveways and Other Improved Surfaces. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain on such premises or property any walkway, driveway or other improved surface in a manner that results in the disrepair of such surfaces or creates unsafe conditions.

Item Number: 10.

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9. Parking Lot Striping and Handicapped Markings. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to fail to maintain in good condition any parking lot striping and handicapped markings on such premises or property.

10. Termites, Insects, Vermin or Rodents. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property that results in creating a habitat for termites, insects, vermin or rodents that presents a threat to the health and safety of the public and/or a threat to property.

11. Sewage. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to fail to properly connect any inhabited improvements on such premises or property to a sewage disposal system or sanitary sewer and/or to permit sewage seepage.

12. Abandoned or Vacated Buildings or Structures. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to abandon or permanently vacate or cause to be abandoned or permanently vacated, any building or structure, so that it becomes accessible to unauthorized persons including, but not limited to, juveniles and vagrants, for unlawful or hazardous use, or to allow the same to become infested with vermin or rodents, or to become a menace to the health or safety of the public.

13. Offensive Odors. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to permit or maintain on such premises or property stagnant water, refuse, rubbish, garbage, dead animal carcasses, offal, animal excrement or other waste materials which emit odors that are unreasonably offensive to the physical senses of a reasonable person of normal sensitivity or which may cause or attract insects.

14. Garbage Containers. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain such premises or property with garbage or trash containers stored in front yards and visible from the public right-of-way, except when in places of collection on scheduled waste collection days.

15. Hazardous Substances and Waste. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to permit any hazardous substances or hazardous waste to be unlawfully released, discharged, placed or deposited upon any premises or onto any City property.

16. Visibility Hazard. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or Item Number: 10.

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property in the City to maintain such premises or property in such a manner as to cause a hazard to the public by obscuring the visibility of any public right-of-way, road intersection or pedestrian walkway.

17. Illegal, Nonconforming Building or Structure. It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain upon any such premises or property any building or structure, or any part thereof, which has been constructed or is maintained in violation of any applicable state or local law or regulation relating to the condition, use or maintenance of such building or structure.

18. Maintenance, Repair, Restoration or Dismantling Vehicle or Large Machinery or Equipment. It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to allow or perform on such premises or property the maintenance, repair, restoration or dismantling of any vehicle, large machinery, or large equipment upon any residential property, walkway, or easement visible from a public street or sidewalk or from an adjoining property. This prohibition shall not apply to work which is specifically authorized by state or local law or regulation and shall not apply to minor repair or maintenance of vehicles, machinery or equipment which belong to the person residing at the property, and which is either performed inside an enclosed structure such as a garage or performed outside but is not visible for longer than 72 consecutive hours.

19. Visual Blight. It is unlawful and it shall be declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain any such premises or property or improvement thereon in such a manner as to cause or to allow the premises, property or improvement to become defective, unsightly, or in such other condition of deterioration or disrepair as the same may cause substantial depreciation of the property values or similar detriment to surrounding properties, as well as an adverse effect on the health, safety, and welfare of the citizens of the City. Visual blight conditions include, but are not limited to, any of the following conditions:
a. The presence of any improvement including, but not limited to, buildings, garages, carports, wooden fences, block walls, roofs or gutters in which the condition of the patio, stucco, siding or other exterior coating has become so deteriorated as to permit decay, excessive checking, cracking or warping so as to render the improvement or property unsightly and in a state of disrepair;
b. The presence of any improvement with cracked or broken windows, roofs in disrepair, damaged porches or broken steps;
c. The presence of any improvement which is abandoned, boarded up, partially destroyed or left in a state of partial construction or repair for more than 90 days;
Item Number: 10.

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d. The presence of abandoned, damaged or broken equipment or machinery which is visible from a public street or sidewalk or from an adjoining property; or e. The presence of excessive junk, refuse and garbage which is visible from a public street or sidewalk or from an adjoining property.

20. Swimming Pools, Ponds and Other Bodies of Water. It is unlawful and it shall be a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises or property in the City to maintain upon any such premises or property any swimming pool, pond, or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained resulting in the water becoming polluted.

21. Public Toilets. It is unlawful and it shall be a public nuisance for any person to fail to maintain the floors, walls, ceilings, lavatory, urinal and toilet bowl of any public toilet free from any accumulation of dirt, filth or corrosion and/or to fail to supply a public toilet with toilet paper, hand washing facilities, soap and individual towels with a receptacle for their disposal.

22. Privies. It is unlawful and it shall be a public nuisance for any person to construct or maintain a privy within the City in any manner that does not comply with the Health and Safety Code.

23. Safety Hazard. It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the City in a manner that presents an imminent safety hazard and/or which creates a present and immediate danger to life, property, health or public safety.

24. Disruptive Activities. It is unlawful and it shall be a public nuisance for any person to operate or maintain any premises or property within the City in a manner that has resulted in repeated disruptive activities including, but not limited to, disturbances of the peace, public drunkenness, drinking in public, harassment of passersby, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, illegal parking, loud noise disturbances as defined in chapter 8.12 of this code between the hours of 10:00 p.m. and 6:00 a.m., traffic violations, curfew violations, or police detentions and arrests.

25. Land Use Entitlements. It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the City which fails to comply with any condition imposed on any entitlement, permit, contract, or environmental document issued by or approved by the City in connection with said premises or property or improvement located thereon.

26. Public Burning. It is unlawful and it shall be a public nuisance for any person to engage in the intentional burning of any material, structure, matter or thing on any premises or property within the City without a validly issued permit allowing such burning.

Item Number: 10.

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27. Air Pollution. It is unlawful and it shall be a public nuisance for any person to:
a. Establish, operate or allow any activity on any premises or property within the City which pollutes the atmosphere with any unwholesome, offensive, or deleterious gas, fumes, dust, smoke, or odors; or
b. Allow any offensive odors to be emitted from offal, garbage, dead animal carcasses or any animal or vegetable matter.

28. Mosquito Breeding Places. It is unlawful and it shall be a public nuisance for any person to maintain any premises or property within the City upon which there is stagnant or still water or a marshy condition which harbors and breeds mosquitoes or other poisonous or objectionable insects.

29. Discharge of Sewage. It is unlawful and it shall be a public nuisance for any person to permit on any premises or property within the City any matter or substance from a private vault, cesspool, septic tank, water closet, privy vault, urinal, pipe, sewer line or any sewage, effluent, slop water or any other filthy water, matter or substance to flow or discharge upon the ground or upon any public sidewalk, street or other public place.

30. Animal Manure—Use and Storage. It is unlawful and it shall be a public nuisance for any person to use or store nondomesticated animal manure on any premises or property within the City unless the manure has been processed or treated so as to render it substantially free of unpleasant odor.

31. Hauling of Offensive Substances. It is unlawful and it shall be a public nuisance for any person to use, park or store a vehicle or any receptacle used for hauling or transporting any offal, manure, or the contents of a privy vault, cesspool or sink or any nauseous or offensive substances, within the City if the contents of such vehicle or receptacle are leaking or spilling from such vehicle or receptacle.

32. Clotheslines. It is unlawful and it shall be a public nuisance for any person to maintain on any premises or property within the City in the plain view from a public sidewalk or public street a clothes line or other object or structure, on a front yard or side yard, for purposes of hanging clothing and/or laundry.

33. Stormwater Drainage. It is unlawful and it shall be a public nuisance for any person to maintain on any premises or property within the City any drainage facility, such as terrace drains, down drains and catch basins, in such a condition so as to cause the drainage water to spill onto adjoining properties or other areas not intended or approved for the collection of stormwater.

34. Water Disposal. It is unlawful and it shall be a public nuisance for any person to maintain on any premises or property within the City where water from swimming pools, ornamental ponds, waterfalls, and similar facilities is permitted to be Item Number: 10.

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disposed over or onto adjoining property or onto any street, alley or public way without written permission from the affected property owner or property owners and/or a validly issued permit from the requisite agency.

35. Signs. It is unlawful and it shall be a public nuisance for any person to maintain on any premises or property within the City any sign, including its supporting structure, which is damaged to the point of presenting a possible safety hazard.

36. Encroachment. It is unlawful and it shall be a public nuisance for any person to cause or permit any encroachment onto public property for which no encroachment permit has been issued or which is in violation of the provisions of an encroachment permit or any applicable provision of the municipal code.

37. Water Drainage. It is unlawful and it shall be a public nuisance for any person to cause or permit water, including, but not limited to, excess irrigation runoff, to drain over or onto adjoining property or onto any street, alley or public way in a manner which causes damage to the adjoining property, street, alley or public way.

38. Municipal Code Violations. It shall be deemed a public nuisance for any member of the public to create, cause, commit, permit or maintain any condition or to perform or cause to be performed any activity prohibited by this municipal code or specifically identified as a public nuisance by the municipal code and/or any applicable statute, rule, code or regulation.

39. California Civil Code. The City may declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in California Civil Code Sections 3479 and 3480.

40. California Red Light Abatement Act. The City may:
a. Declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in California Penal Code Section 11225; and b. Commence any action or proceeding pursuant to the California Red Light Abatement Act to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

41. California Drug Abatement Act. The City may:
a. Declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to Item Number: 10.

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be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in California Health and Safety Code Section 11570; and b. Commence any action or proceeding pursuant to the California Drug Abatement Act to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

42. State Housing Law. The City may:
a. Declare that a public nuisance exists whenever any member of the public creates, causes, commits, permits or maintains any condition or performs or causes to be performed any activity that falls within the scope of the definition of “public nuisance” as set forth in California Health and Safety Code Sections 17910 through 17995; and b. Commence any action or proceeding set forth therein to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

43. Weed Abatement. The City Council may:
a. Declare by resolution pursuant to California Government Code Section 39561 et seq., that a public nuisance exists with respect to a specific parcel whenever that parcel is being maintained in a manner that has resulted in weeds, as that term is defined in California Government Code Section 39561.5, being grown upon the streets, sidewalks or private property in the City; and
b. Commence any action or proceeding pursuant to California Government Code Section 39561 et seq., to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

44. Rubbish, Refuse and Dirt. The City Council may:
a. Declare by resolution pursuant to California Government Code Section 39561 et seq., that a public nuisance exists with respect to a specific parcel whenever that parcel is being maintained in a manner that has resulted in an accumulation of rubbish, refuse and dirt upon parkways, sidewalks or private property in the City; and b. Commence any action or proceeding pursuant to California Government Code Section 39561 et seq., to abate the public nuisance, to pursue all other remedies against the violator, to seek the imposition of all penalties against the violator and to recover any and all costs from the violator.

45. Conditions of Approval. It shall be deemed a public nuisance for any person to maintain any premises or property within the City which fails to comply with any condition imposed on any entitlement, permit, license, contract, or environmental Item Number: 10.

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document issued by or approved by the City in connection with said premises or property or improvement located thereon.

B. The provisions of this chapter are applicable to all property throughout the City wherein any conditions hereinafter specified are found to exist. This chapter shall not be applicable to any condition which would constitute a violation of this chapter but which is duly authorized under any other City, State or Federal law.

C. The list of activities, uses of property and conditions of property declared to be a public nuisance in this chapter is not intended to be exclusive. The City Council expressly reserves to itself the right to declare other and additional activities, uses of property, and conditions of property to be nuisances subject to abatement pursuant to this title or by any other means authorized by law.

D. Every owner, occupant, lessee or holder of any possessor interest of real property within the City is required to maintain such property so as not to violate the provisions of this chapter. The owner of the property shall remain liable for violations hereof regardless of any contract or agreement with any third party regarding such property or the occupation of the property by any third party. Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by the former owner, is liable therefor in the same manner as the one who first created it.

Section 4. AMENDING SECTION 5.28.070 (“PERMIT USE AND MANNER OF PEDDLING”) OF CHAPTER 5.28 (“SIDEWALK VENDORS
AND PEDDLERS”) OF TITLE 5 (“BUSINESS LICENSES AND
REGULATIONS”) OF THE DESERT HOT SPRINGS MUNICIPAL
CODE
Chapter Section 5.28.070 (“Permit use and manner of peddling”) of Chapter 5.28 (“Sidewalk Vendors and Peddlers”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code is hereby amended to read as follows:

5.28.070 Permit use and manner of peddling.

A. Display. Every applicant shall be issued a permit to be carried on person and exhibited on request by any person to persons they deal with and shall at all times carry the permit issued hereunder and exhibit it on request to any police officer or City official.

B. Transfer Prohibited. It is unlawful for any person other than permittee to use or wear any permit issued under the provisions of this chapter.

C. Hours of Operation. It is unlawful for any person to conduct any activities regulated under the provisions of this chapter between 8:00 p.m. and 8:00 a.m.

Item Number: 10.

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D. Waste Receptacles. No peddler shall sell or offer for sale any food from a motorized vehicle unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the vehicle, marked with a sign requesting use by patrons. Prior to leaving the location, the peddler shall pick up, remove and dispose of all trash or refuse which consists of materials originally dispensed by the peddler, including any packages or containers, or parts thereof, used with or for dispensing such food.

E. Manner of Peddling.

1. No peddler shall peddle goods, merchandise, wares or food by sitting, standing or walking on a public sidewalk or street or upon a median or grassy embankment within a public sidewalk, public street or public right-of-way, and in no case shall a peddler stand or park any motorized vehicle for the purposes of peddling or selling from such vehicle on any privately-owned property. This does not include sitting or standing in a motorized vehicle which is lawfully parked on a public street and from which the peddler has a permit.

2. No peddler shall stand or park any motorized vehicle for more than 30 minutes without moving to a new location at least 300 feet removed therefrom and may not return to a location where the peddler has stopped to peddle within the previous two hours.

3. No peddler shall park or stand a motorized vehicle used for peddling in a manner which causes a hazard to vehicular or pedestrian traffic by creating conditions that impede the flow of vehicular or pedestrian traffic or create conditions of imminent harm to vehicular or pedestrian traffic or other vehicles and pedestrians.

4. No peddler shall persistently peddle any goods, merchandise, wares or food to any member of the public after such member of the public expresses his or her desire not to purchase anything from the peddler.

5. No peddler shall intentionally or deliberately obstruct the free movement of any person on any public sidewalk, public street, public right-of-way or in any public place.

6. No peddler shall peddle any items to a captive audience.

7. No peddler shall threaten any injury or damage to any person who declines to purchase any items being peddled, if such threat, whether by word or gesture, would make a reasonable person fearful.

8. No peddler shall peddle or attempt to peddle to the occupants of vehicles standing or moving upon any public street or highway. Nothing in this section shall be construed to prohibit peddling to the occupants of any vehicle that is lawfully parked.

9. No peddler shall park or stand the motorized vehicle in violation of any conditions included in the permit issued pursuant to this chapter.

10. No peddler shall peddle from any motorized vehicle which has not been identified in the application.

Item Number: 10.

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11. No peddler shall stop, stand or park any motorized vehicle in violation of any provision of the California Vehicle Code or the City of Desert Hot Springs Municipal Code.

12. No peddler shall peddle any food unless the items being sold comply with all applicable food labeling requirements established by the state of California and the peddler has all required permits, including, without limitation, health permits, to sell such items.

13. No peddler shall peddle any goods from any motorized vehicle which does not have insurance as required under state law for operating the motorized vehicle.

F. Activities Creating Nuisance. No peddler, in the course of activities regulated in this chapter, shall create any public nuisance, cause a noise disturbance as defined in chapter 8.12 of this code or disturb the peace and quiet of the neighborhood by the use of loud noise, brilliant lights, or any other actions constituting a public nuisance.

G. Compliance with Law. This chapter may not be the sole source of regulation of the activities permitted under this chapter. Permittees shall comply with all state and federal laws and all local ordinances.

Section 5. AMENDING SECTION 5.52.030 (“GENERAL REGULATIONS”) OF CHAPTER 5.52 (“MOBILE FOOD VENDING VEHICLES”) OF
TITLE 5 (“BUSINESS LICENSES AND REGULATIONS”) OF THE

DESERT HOT SPRINGS MUNICIPAL CODE
Section 5.52.030 (“General regulations”) of Chapter 5.52 (“Mobile Food Vending Vehicles”) of Title 5 (“Business Licenses and Regulations”) of the Desert Hot Springs Municipal Code is hereby amended to read as follows:

5.52.030 General regulations.

A. General Regulations Pertaining to All Mobile Food Vending Vehicles.

1. The vendor has a valid mobile food vending vehicle permit and business license from the City, including insurance as defined in subsection (A)(9).

2. All food, food products, merchandise, and prepackaged foods that are prepared, stored, cooked, or displayed must be fully enclosed and contained within the mobile food vending vehicle. No open air preparation of food or food products is permitted.

3. The mobile food vending vehicle is in full compliance with all parking and Vehicle Code provisions which apply to the location at which it is parked.

4. The mobile food vending vehicle shall remain parked and immobile while vending.

Item Number: 10.

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5. The vendor shall not encroach onto a public sidewalk with any part of its mobile food vending vehicle or any other equipment or furniture related to the operation of its business.

6. The mobile food vending vehicle has a valid permit, certificate or other required approval from the Riverside County Department of Health.

7. All food products sold or provided from the mobile food vending vehicle shall comply with all applicable food labeling requirements established by the State of California and the vendor must obtain all required permits, including, without limitation, health permits, to sell or provide such items.

8. No alcohol beverage, general merchandise or commercial sales other than food are permitted, other than company merchandise.

9. The vendor shall maintain insurance, as deemed acceptable in the reasonable discretion of the City, and provide to the City written certification thereof, against liability for death or injury to any person and damage to property as a result of ownership, operation, or use of its mobile food facilities. In addition, the vendor shall indemnify, defend and hold the City harmless from any claims arising out of or related to the vendor’s ownership, operation, or use of its mobile food facilities, except as otherwise permitted by applicable law.

10. The vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into any streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the vendor.

11. No person shall operate, or cause to be operated, any mobile food vending vehicle with sound-amplifying or noise-making equipment. The vendor shall comply with sound amplification regulations in chapter 8.12 of this code.

12. Vending of cannabis products of any kind is prohibited.

13. Vendors and mobile food vending vehicles shall comply with all applicable Federal, State and local laws.

14. A vendor may locate its mobile food vending vehicle on a street as long as the vendor adheres to the following standards and conditions: The mobile food vending vehicle does not obstruct pedestrian or vehicular traffic.

15. Vending is prohibited on the exposed street and/or vehicular traffic side of the mobile food vending vehicle. The vendor shall not distribute any item from the mobile food vending vehicle in a manner that causes any person to stand in that portion of the street that is between the vehicle and the center of the street. A mobile food vending vehicle is limited to two signs excluding exterior graphics. The exterior sign shall be secured at all times that the mobile food vending vehicle is moving. No sandwich board or other signs are permitted on the ground in the area or on the mobile food vending vehicle.

Item Number: 10.

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16. A mobile food vending vehicle may only stand or park in the public rightof-way between the hours of 7:00 a.m. and dusk.

17. No vendor shall engage in vending unless he or she maintains a clearly designated litter receptacle in the immediate vicinity of the mobile food vending vehicle, marked with a sign requesting use by patrons. Prior to leaving the location, the vendor shall pick up, remove and dispose of all trash generated by the vendor’s operation located within a 25-foot radius of the mobile food vending vehicle’s location. This does not include picking up trash in the street in an unsafe manner.

B. No vendor may engage in vending or otherwise operate a mobile food vending vehicle:

1. On any street within a residential zone.

2. On any street designated as part of a Safety Enhancement Zone pursuant to Chapter 12.28 of this code.

3. Within 50 feet from the outer edge of any entrance of any business which serves food on private property during the hours such business is open to the public.

This prohibition may be waived with the written consent of such business.

4. Within 30 feet of any street intersection controlled by a traffic light, crosswalk, or stop sign.

5. Within 30 feet of a bus stop.

6. No mobile food vending vehicle may be located within 300 feet of the nearest property line of any property on which a public or private school building is located, between the hours of 7:00 a.m. and 5:00 p.m. of any school day.

7. Within 500 feet of the nearest property line of any school serving students 18 years of age or younger unless that school is a college, university, or vocational school that primarily serves students older than 18 years of age, unless the mobile food vending vehicle is associated with a certified farmers’ market that is open at the time that the food vending truck is conducting business.

8. When the posted speed limit on the public street, alley or highway is greater than 35 miles per hour.

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

Section 7. EXECUTION AND CERTIFICATION
Item Number: 10.

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That the City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify the passage of this ordinance and cause the same to be published according to law.

Section 8. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its second reading by the Desert Hot Springs City Council.
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PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ______, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:
_______________________________ ______________________________ Jerryl Soriano, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_____________________________________
Jennifer Mizrahi, City Attorney
Item Number: 10.

SR-22-131
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 7, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of Organic Waste Recycling SB 1383 Ordinance
RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 8.04 (Garbage and Rubbish) and Chapter 8.10 (Recycling of Commercial Solid Waste and Organic Waste) of Title 8 (Health and Safety) of the Desert Hot Springs Municipal Code.

BACKGROUND:

The ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on May 17, 2022.

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

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from May 17, 2022
Exhibit 2 - Organic Waste Ordinance SB 1383 Ordinance DRAFT Item Number: 11.

SR-22-123
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: May 17, 2022
Department: City Manager
Prepared by: Daniel Porras, Assistant City Manager
Subject: Organic Waste Recycling SB 1383 Ordinance
RECOMMENDATION:

Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 8.04 (Garbage and Rubbish) and Chapter 8.10 (Recycling of Commercial Solid Waste and Organic Waste) of Title 8 (Health and Safety) of the Desert Hot Springs Municipal Code.

BACKGROUND:

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

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

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

The SB 1383 Regulations require the following:
1) Residential – All residents are required to receive organic waste collection services. 2) Multifamily with five or more units – All are required to recycle their organic waste (under AB 1826, multi-family properties of five or more units were only required to recycle landscape debris). 3) Commercial – All commercial businesses generating two (2) or more cubic yards of solid organic waste per week, are required to recycle their organic waste. 4) Every jurisdiction must provide the following:

Item Number: 11.

SR-22-123
a. Organic waste collection services to all residents and businesses b. Edible food recovery
c. Organics procurement
d. Contamination monitoring
e. Education and Outreach
f. Capacity Planning
g. Recordkeeping
h. Enforcement
i. Reporting
DISCUSSION:

SB 1383 has been the most significant waste reduction mandate to be adopted in the State of California in the last 30 years. In an effort to achieve the State requirements of SB 1383 the City has been diligently working with CalRecycle and Desert Valley Disposal (“DVD”) in developing an SB 1383 implementation plan and moving forward with completing the various required tasks within the required deadlines.

The City Attorney’s office and City Staff drafted an ordinance that incorporates the new State mandates and requirements into the City’s Municipal Code. The proposed ordinance also removes any conflicting information from the various sections of the City’s Municipal Code. The proposed ordinance is a mechanism for the City to enforce all the new organics recycling requirements for residential, multifamily, and commercial. The main provisions of the proposed ordinance are listed below:
• Incorporating new and revised definitions of waste disposal terms. • Single-family, multi-family and businesses must subscribe to solid waste, recyclables and organics collection service and properly sort these materials. • The City must review requests from businesses and/or multi-family buildings for waivers from organic waste collection requirements, and grant waivers when criteria are met. • Ensure that collection containers meet color requirements and are labeled to specify the materials allowed for those containers.
• Self-haulers of organic materials must source-separate organics, take them to a facility that recovers organics, and keep specified records.
• Develop and implement an edible food recovery program that recovers edible food from commercial edible food generators for human consumption. Commercial edible food generators must enter into written agreements with food recovery organizations and keep specified records.
• Food recovery organizations and services must maintain certain records. • The City must inspect and enforce the requirements in the Ordinance. • The City shall ensure the contamination monitoring of containers. • The City must provide educational materials, issue notices of violation, and issue administrative citations for violations of the Ordinance as specified. • The City shall ensure that education and outreach regarding the SB 1383 requirements are provided to generators, haulers, facilities, and edible food recovery organizations. • The City shall procure recycled content paper, and procure recovered organic waste products at levels prescribed by the state annually.
• The City shall keep specified records and report implementation efforts. • The City shall be in compliance with CALGreen recycling requirement provisions.

Item Number: 11.

SR-22-123
The proposed ordinance only incorporates the new organic recycling requirements, it does not set any fees. The fees for the corresponding organic recycling service are currently going through the Proposition 218 process and will be further discussed and acted up after the close of the public hearing on June 7th, 2022.

The City is working with DVD to finalize the Amendment to the current Franchise Agreement to reflect all of the new SB 1383 requirements and regulations, which is anticipated to come to the City Council for consideration on June 21st, 2022.

The new organic recycling service waste carts and bins are scheduled to be delivered in September 2022, and new organic recycling services will begin in October 2022.

FISCAL IMPACT:

There is no fiscal impact as a result of this action.

ATTACHMENTS:

Exhibit 1 - Organic Waste Ordinance SB 1383 Ordinanace DRAFT Item Number: 11.

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.04 (GARBAGE AND RUBBISH) AND CHAPTER 8.10 (RECYCLING OF COMMERCIAL
SOLID WASTE AND ORGANIC WASTE) OF TITLE 8 (HEALTH AND

SAFETY) OF THE DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, currently, Desert Hot Springs Municipal Code Chapter 8.04 regulates the collection and disposal of residential and commercial waste; and WHEREAS, currently, Desert Hot Springs Municipal Code Chapter 8.10 implements a commercial solid and organic waste recycling program; and WHEREAS, Senate Bill No. 1383 (“SB 1383”) requires the California Department of Resources Recycling and Recovery (“CalRecycle”) to adopt regulations to achieve a 50-percent reduction in the level of statewide disposal of organic waste from the 2014 level by 2020 and a 75-percent reduction by 2025; and
WHEREAS, CalRecycle adopted regulations pursuant to SB 1383 (“SB 1383 Regulations”) placing new requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to achieve the organic waste disposal reduction targets; and
WHEREAS, the SB 1383 Regulations require jurisdictions to adopt and enforce an ordinance or other enforceable mechanism to implement the SB 1383 Regulations; and
WHEREAS, this Ordinance amends Chapters 8.04 and 8.10 of the Desert Hot Springs Municipal Code to implement the SB 1383 Regulations.

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. AMENDMENT OF CHAPTER 8.04 (“GARBAGE AND
RUBBISH”) OF TITLE 8 (“HEALTH AND SAFETY”) OF

THE DESERT HOT SPRINGS MUNICIPAL CODE
Item Number: 11.