Agenda — Desert Hot Springs City Council, June 21, 2022 (part 5 of 6)

proceeding shall include an award thereof.

Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, to the best of its ability, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant ("person”) for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.

Sectjon 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Sectjon 33. PRINCIPAL REPRESENTATIVES
a. Erin M. Sullivan shall be Consultant's Principal Representative and the Professional Services Agreement Page 13
Item Number: 14.

Page 589 of 778 ends

person responsible for undertaking and managing performance of all of the services set forth in the Scope of Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Scope of Services of this Agreement, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. The Administrative Services Director, G e o f f r e y B u c h h e i m , shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Section 34. NON-LIABILITY OF CITY'S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.

Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.

Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant and if City notifies Consultant within the first eight (8) hours of Services provided by the Assigned Individual.

Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Professional Services Agreement Page 14
Item Number: 14.

Page 590 of 778 ends

Section 38. 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.

Section 39. 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 or any other default by the other party.

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

Sectjon 42. REPRESENTATIONS OF PARTIES AND PERSONS

EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVIAL
Professional Services Agreement Page 15
Item Number: 14.

Page 591 of 778 ends

All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

Section 45. FINGERPRINTING
Consultant hereby acknowledges that its' Assigned Individual is required to be Livescanned (fingerprinted) by the City through the City of Desert Hot Springs Police Department. The City will perform the Fingerprinting in conformity with applicable law.

Section 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

Section 47. ADDITIONAL TERMS
(i) If City requires Consultant to perform background checks or other placement screenings of Consultant's Assigned Individuals, City agrees to notify Consultant prior to the start of services under this Agreement. Consultant will conduct such checks or screenings only if they are described in a signed, written amendment to this Agreement.

If City requests a copy of the results of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes. (ii) Consultant may increase its rates to reflect increases in its cost of employing its workers due to governmental or regulatory changes (e.g., costs associated with higher minimum wages for workers or increases in taxes, benefits or other costs that may result from any applicable government authority or action). Consultant will provide written notice to City of the increase in its rates. Any increase in rates will be prospective, starting as of the effective date Consultant specifies. (iii) This Agreement is only applicable to, and the only Robert Half International Inc. branch and divisions obligated under this Agreement are, the Accountemps and OfficeTeam divisions of the branch office located at 74760 US Highway 111, Suite 102, Indian Wells, CA 92210.

Professional Services Agreement Page 16
Item Number: 14.

Page 592 of 778 ends

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK}
Professional Services Agreement Page17
Item Number: 14.

Page 593 of 778 ends

_ _ .. ....... ... - ..... ··· ·····-··---··-·......... ... ..........., ·- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.

CITY OF DESERT HOT SPRINGS ROBERT HALF INTERNATIONAL
____________________________ _____________________
Luke Rainey, City Manager
ATTEST:
______________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney
Item Number: 14.

Page 594 of 778 ends

EXHIBIT "A"

SCOPE OF SERVICES
I. Job Title:

II. Job Duties:

Ill. Assigned Individuals:

IV. Compensation:

Hourly fees for services will be negotiated on a case-by-case basis.

In the event City wishes to convert any of Consultant's Assigned Individuals, City agrees to pay a conversion fee in accordance with this Section. The conversion fee will equal 20% of the Assigned Individual's annual salary. The fee will be discounted based on the following:

After 1 month on assignment
with City (180 hours)- 10% reduction in initial fee
After 2 months on assignment
with City (360 hours) - 20% reduction in initial fee
After 3 months on assignment
with City (540 hours)- 30% reduction in initial fee
- After 4 months on assignment with City (720 hours)- No fee conversion The conversion fee is payable if City hires the
Assigned Individual, regardless of the job
classification, on either a full-time, temporary
(including temporary assignments through another
agency) or consulting basis within twelve months
after the last day of the assignment.

Item Number: 14.

Page 595 of 778 ends

EXHIBIT "B"

INSURANCE REQUIREMENTS- PROFESSIONAL SERVICES

AGREEMENT
Insurance:

Throughout the life of this Contract, Contractor shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) as may be authorized in writing by City Manager or his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as the most current version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01 and include insurance for "bodily injury," "property damage" and "personal and advertising injury" with coverage for premises and operations (including the use of owned and nonowned equipment), products and completed operations, and contractual liability (including, without limitation, indemnity obligations under the Contract) with limits of liability of not less than thefollowing:
$2,000,000 per occurrence for bodily injury and property damage $1,000,000 per occurrence for personal and advertising injury $2,000,000 aggregate for products and completed operations $4,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBI LE LIABILITY insurance which shall be at least as broad as the most current version of Insurance Service Office (ISO) Business Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage.
{iii) WORKERS' COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS' LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee.

Item Number: 14.

Page 596 of 778 ends

In the event Contractor purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall "follow form" and afford no less coverage than the primary insurance policy(ies).

Should this Contract involves any lead based, mold or asbestos environmental hazard, either the Automobile Liability insurance policy or the Contractors Pollution Liability insurance policy shall be endorsed to include Transportation Pollution Liability insurance covering materials to be transported by Contractor pursuant to the Contract.

In the event this Contract involves any lead-based environmental hazard (e.g., lead based paint), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for lead based environmental hazards. In the event this Contract involves any asbestos environmental hazard (e.g., asbestos remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for asbestos environmental hazards. In the event this Contract involves any mold environmental hazard (e.g., mold remediation), the Contractors Pollution Liability insurance policy shall be endorsed to include coverage for mold environmental hazards and "microbial matter including mold" within the definition of "Pollution" under the policy.

Contractor shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Contractor shall also be responsible for payment of any self- insured retentions. At no time shall City be responsible for the payment of any deductibles or self-insured retentions.

All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a
notice of cancellation, non-renewal, or reduction in coverage or in limits, Contractor shall furnish City with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for City, Contractor shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.

The General Liability and Automobile Liability insurance policies shall be written on an occurrence form. The General Liability (including ongoing operations and completed operations) and Automobile Liability policies shall name City, its officers, officials, employees and agents as an additional insured. All such policies of insurance shall be endorsed so Contractor's insurance shall be primary and no contribution shall be required of City, its officers, officials, employees and agents. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to City, its officers, officials, employees and agents. The coverage(s) shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees and agents. If Contractor maintains higher limits of liability than the minimums shown above, City requires and shall be entitled to coverage for the higher limits of liability maintained by Contractor.

Item Number: 14.

Page 597 of 778 ends

Claims-Made Policies - If any coverage required is written on a claims-made coverage form:
(i) The retroactive date must be shown and must be before the effective date of the Contract or the commencement of work by Contractor. (ii) Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iii) If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Contract, or work commencement date, Contractor must purchase extended reporting period coverage for a minimum of 5 years after completion of the work or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to City for review.
(v) These requirements shall survive expiration or termination of the Contract.

Contractor shall furnish City with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City's Risk Manager or his/her designee in his/her sole discretion prior to City's execution of the Contract and before work commences. Upon request of City, Contractor shall immediately furnish City with a complete copy of endorsements. This requirement shall survive expiration ortermination of this Contract.

If at any time during the life of the Contract or any extension, Contractor or any of its subcontractors fail to maintain any required insurance in full force and effect, all work under this Contract shall be discontinued immediately. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Contract. No action taken by City hereunder shall in any way relieve Contractor of its responsibilities under this Contract.

The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this Contract. The duty to indemnify City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its principals, officers, agents, employees, persons under the supervision of Contractor, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

In the event of a partial or total destruction by the perils insured against of any or all of the work and/or materials herein provided for at any time prior to the final completion of Item Number: 14.

Page 598 of 778 ends

the Contract and the final acceptance by the City of the work or materials to be performed or supplied thereunder, the Contractor shall promptly reconstruct, repair, replace, or restore all work or materials so destroyed or injured at his/her sole cost and expense. Nothing herein provided for shall in any way excuse the Contractor or his/her insurance company from the obligation of furnishing all the required materials and completing the work in full compliance with the terms of the Contract.

If Contractor should subcontract all or any portion of the services to be performed under this Contract, Contractor shall require each subcontractor to provide insurance protection in favor of City, its officers, officials, employees and agents in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with Contractor and City prior to the commencement of any work by the subcontractor.

Item Number: 14.

Page 599 of 778 ends

PROFESSIONAL SERVICES AGREEMENT BY

AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
G&M HIRE ENTERPRISES, LLC., dba AtWork
Personnel Services
This Professional Services Agreement ("Agreement") is made and entered into this_ _ _ day of _ _ _ _ 2022, by and between the City of Desert Hot Springs, municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the "City," and G&M Hire Enterprises, LLC dba AtWork Personnel Services, a provider of temporary staffing services, hereinafter referred to as "Consultant."
RECITALS:

WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to perform temporary staffing services; and WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATI ON, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Section 2. SCOPE OF SERVICES
Consultant shall provide to the City those Services as set forth in the Scope of Services, which shall be signed by the parties and attached hereto as Exhibit "A" and incorporated herein by this reference, at the time, place, and in the manner specified therein, in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. In the event any conflict exists between this Agreement minus the Scope of Services, on the one hand, and the Scope of Services, on the other hand, the former shall supersede.

Professional Services Agreement Page 1
Item Number: 14.

Page 600 of 778 ends

Sectjon 3. COMPLETION DATE
Consultant shall complete the services described in the Scope of Services during the term of this Agreement, which shall be effective as of the date in the opening paragraph of this Agreement and continue until terminated as per Section 7 of this agreement.

Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the consulting services and duties set forth in this Agreement, in accordance with the Cost Proposal contained in the Scope of Services. In the event City wishes to convert any of Contractor's Individuals assigned by Consultant to provide Services ("Assigned Individuals"), Client agrees to pay a conversion fee in accordance with the schedule set forth in the Scope of Services.

Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. Assigned Individuals will submit a time sheet for City's verification at the end of each week. The City shall pay Consultant no later than thirty (30) days after receipt of the invoice by City provided all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. b. The Consultant shall submit invoices under this Agreement to:

Geoffrey Buchheim, Administrative Services Dir
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411, ext. 227
Facsimile: (760) 288-3129
Email:
[email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written Professional Services Agreement Page 2
Item Number: 14.

Page 601 of 778 ends

authorization from the City. Hourly fees for services are subject to change if City requests that Consultant perform Extra Work.

Section 7. 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, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination.

Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in Adobe Acrobat (PDF) format to the City upon written request.

Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. b. Consultant shall not use the City's insignia or photographs relating to Consultant's Services, or any publicity pertaining to the Consultant's Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City. c. The City agrees to hold in confidence the identity of any of Consultant's Assigned Individuals and the Assigned Individual's resume, social security number and other legally protected personal information, and City agrees to implement and maintain reasonable security procedures and practices to protect such information from unauthorized access, use, modification or disclosure.

Professional Services Agreement Page 3
Item Number: 14.

Page 602 of 778 ends

Section 10. CONSULTANT'S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.

Section 11. INDEPENDENT CONTRACTOR'S STATUS: NOT AGENT

OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.

Professional Services Agreement Page 4
Item Number: 14.

Page 603 of 778 ends

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS

REGARDING INDEPENDENT CONTRACTOR'S STATUS

OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(4) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (5) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of City, will perform the services set forth in this Agreement. (3) The City will not hire or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.

Professional Services Agreement Page 5
Item Number: 14.

Page 604 of 778 ends

(7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property. However, City shall not permit or require Assigned Individual to perform Services remotely (e.g., on premises other than City's or City's customer's premises) unless agreed to in a separate writing between City and Consultant, or to use computers, software or network equipment owned or licensed by Assigned Individual. (10) City shall supervise Assigned Individual. Client will not permit or require Assigned Individual (a) to perform Services outside of the scope of his or her assignment, (b) to sign contracts or statements, (c) to make any management decisions, (d) to sign, endorse, wire, transport or otherwise convey cash, securities, checks, or any negotiable instruments or valuables, or (e) to operate machinery (other than office machines) or automotive equipment. Further, since Consultant is not a professional accounting firm, City agrees that it will not permit or require Assigned Individual (f) to render an opinion on behalf of Consultant or City's behalf regarding financial statements, (g) to sign the name of the Consultant on any document, or (h) to sign their own names on financial statements or tax returns.

Section 13. NA
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents, to the best of its knowledge, that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
Professional Services Agreement Page 6
Item Number: 14.

Page 605 of 778 ends

(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's Office pursuant to the written instructions provided by the Office of the City Clerk, to extend required by applicable law.

Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND

LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) i t has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
Professional Services Agreement Page 7
Item Number: 14.

Page 606 of 778 ends

(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that i t and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

Section 17. INDEMNIFICATION
a. To the furthest extent allowed by law, Consultant shall indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort, or strict liability, including but not limited to personal injury, death at any time and property damage), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, employees, agents or volunteers in the performance of this Agreement.

If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph.

This section shall survive termination or expiration of this Agreement.

Notwithstanding anything to the contrary in this Agreement, Consultant shall not be liable for, or have any duty of indemnification or defense with respect to any acts or omissions of City.

Professional Services Agreement Page B
Item Number: 14.

Page 607 of 778 ends

Section 18. INSURANCE REQUIREMENTS
a. Throughout the life of this Agreement, Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B or as may be authorized in writing by City's Risk Manager or his/her designee at any time and in his/her sole discretion.
b. If at any time during the life of the Agreement or any extension, Consultant or any of its subcontractors fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately.

Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve Consultant of its responsibilities under this Agreement c. The fact that insurance is obtained by Consultant shall not be deemed to release or diminish the liability of Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable.

The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Consultant, its principals, officers, agents, employees, persons under the supervision of Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. If Consultant maintains higher limits of liability than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits of liability maintained by Consultant. d. If Consultant should subcontract all or any portion of the services to be performed under this Agreement, Consultant shall require each subcontractor to provide insurance protection in favor of the City and each of its officers, officials, employees, agents and volunteers in accordance with the terms of this section, except that any required certificates and applicable endorsements shall be on file with Consultant and the City prior to the commencement of any services by the subcontractor.

Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:

Professional Services Agreement Page 9
Item Number: 14.

Page 608 of 778 ends

To the City: Geoffrey Buchheim
Administrative Services Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411, ext. 227
Facsimile: (760) 288-3129
Email:
[email protected]
To Consultant: Moses Rangel, Managing Partner
AtWork Personnel Services
73350 El Paseo, Ste. 205
Palm Desert, CA 92260
Telephone: (951) 297-3591 x 102
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that i f the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen
(15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.

Professional Services Agreement Page 10
Item Number: 14.

Page 609 of 778 ends

d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.

Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City's remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the work described in the Scope of Services that is not finished by Consultant.

Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and 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.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Section 24. ASSIGNMENT AND SUBCONTRACTI NG
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant Professional Services Agreement Page 11
Item Number: 14.

Page 610 of 778 ends

under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.

Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.

Section 26. 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.

Sectjon 27. VENUE
All proceedings involving disputes over the terms, prov1s1ons, 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.

Section 28. LITIGATION EXPENSES AND ATTORNEYS' F EES
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 Professional Services Agreement Page 12
Item Number: 14.

Page 611 of 778 ends

proceeding shall include an award thereof.

Sectjon 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Sectjon 33. PRINCIPAL REPRESENTATIVES
a. Erin M. Sullivan shall be Consultant's Principal Representative and the Professional Services Agreement Page 13
Item Number: 14.

Page 612 of 778 ends

Professional Services Agreement Page 14
Item Number: 14.

Page 613 of 778 ends

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Sectjon 42. REPRESENTATIONS OF PARTIES AND PERSONS

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVIAL
Professional Services Agreement Page 15
Item Number: 14.

Page 614 of 778 ends

All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

If City requests a copy of the results of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes. (ii) Consultant may increase its rates to reflect increases in its cost of employing its workers due to governmental or regulatory changes (e.g., costs associated with higher minimum wages for workers or increases in taxes, benefits or other costs that may result from any applicable government authority or action). Consultant will provide written notice to City of the increase in its rates. Any increase in rates will be prospective, starting as of the effective date Consultant specifies. (iii) This Agreement is only applicable to, and the only G&M Hire Enterprises, LLC. branch and divisions obligated under this Agreement are, the AtWork Personnel Services of the branch office located at 73350 El Paseo, Suite 2 0 5 , Palm Desert, CA 92260.

Professional Services Agreement Page 16
Item Number: 14.

Page 615 of 778 ends

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK}
Professional Services Agreement Page17
Item Number: 14.

Page 616 of 778 ends

CITY OF DESERT HOT SPRINGS G&M HIRE ENTERPRISES, LLC
____________________________ _____________________
Luke Rainey, City Manager Moses Rangel,
ATTEST:
______________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney
Item Number: 14.

Page 617 of 778 ends

EXHIBIT "A"

SCOPE OF SERVICES
I. Job Title:

II. Job Duties:

Ill. Assigned Individuals:

IV. Compensation:

Hourly fees for services will be negotiated on a case-by-case basis.

Item Number: 14.

Page 618 of 778 ends

EXHIBIT "B"

INSURANCE REQUIREMENTS- PROFESSIONAL SERVICES

AGREEMENT
Insurance:

Item Number: 14.

Page 619 of 778 ends

Item Number: 14.

Page 620 of 778 ends

Page 621 of 778 ends

Item Number: 14.

Page 622 of 778 ends

PROFESSIONAL SERVICES AGREEMENT BY

AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND

PROPER SOLUTIONS STAFFING
This Professional Services Agreement ("Agreement") is made and entered into this_ _ _ day of _ _ _ _ 2022, by and between the City of Desert Hot Springs, municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the "City," and P r o p e r S o l u t i o n s S t a f f i n g , a provider of temporary staffing services, hereinafter referred to as "Consultant." RECITALS:

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATI ON, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Professional Services Agreement Page 1
Item Number: 14.

Page 623 of 778 ends

Page 624 of 778 ends

authorization from the City. Hourly fees for services are subject to change if City requests that Consultant perform Extra Work.

Professional Services Agreement Page 3
Item Number: 14.

Page 625 of 778 ends

Section 11. INDEPENDENT CONTRACTOR'S STATUS: NOT AGENT

Professional Services Agreement Page 4
Item Number: 14.

Page 626 of 778 ends

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS

REGARDING INDEPENDENT CONTRACTOR'S STATUS

Professional Services Agreement Page 5
Item Number: 14.

Page 627 of 778 ends

Page 628 of 778 ends

Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND

Page 629 of 778 ends

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

This section shall survive termination or expiration of this Agreement.

Notwithstanding anything to the contrary in this Agreement, Consultant shall not be liable for, or have any duty of indemnification or defense with respect to any acts or omissions of City.

Professional Services Agreement Page B
Item Number: 14.

Page 630 of 778 ends

Professional Services Agreement Page 9
Item Number: 14.

Page 631 of 778 ends

To the City: Geoffrey Buchheim
Administrative Services Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411, ext. 227
Facsimile: (760) 288-3129
Email:
[email protected]
To Consultant: Proper Solutions Staffing
74900 Hwy111
Indian Wells, CA 92210
Telephone: (760) 862-1818
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Professional Services Agreement Page 10
Item Number: 14.

Page 632 of 778 ends

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Page 633 of 778 ends

Page 634 of 778 ends

proceeding shall include an award thereof.

Sectjon 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Sectjon 33. PRINCIPAL REPRESENTATIVES
a. Erin M. Sullivan shall be Consultant's Principal Representative and the Professional Services Agreement Page 13
Item Number: 14.

Page 635 of 778 ends

person responsible for undertaking and managing performance of all of the services set forth in the Scope of Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Scope of Services of this Agreement, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. The Administrative Services Director, Geoffrey Buchheim, shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Professional Services Agreement Page 14
Item Number: 14.

Page 636 of 778 ends

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Sectjon 42. REPRESENTATIONS OF PARTIES AND PERSONS

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVIAL
Professional Services Agreement Page 15
Item Number: 14.

Page 637 of 778 ends

All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

If City requests a copy of the results of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes. (ii) Consultant may increase its rates to reflect increases in its cost of employing its workers due to governmental or regulatory changes (e.g., costs associated with higher minimum wages for workers or increases in taxes, benefits or other costs that may result from any applicable government authority or action). Consultant will provide written notice to City of the increase in its rates. Any increase in rates will be prospective, starting as of the effective date Consultant specifies. (iii) This Agreement is only applicable to, and the only Proper Solutions Staffing at the branch office located at 74900 Hwy 111, Indian Wells, CA 92210.

Professional Services Agreement Page 16
Item Number: 14.

Page 638 of 778 ends

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK}
Professional Services Agreement Page17
Item Number: 14.

Page 639 of 778 ends

CITY OF DESERT HOT SPRINGS PROPER SOLUTIONS STAFFING
____________________________ _____________________
Luke Rainey, City Manager
ATTEST:
______________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney
Item Number: 14.

Page 640 of 778 ends

EXHIBIT "A"

SCOPE OF SERVICES
I. Job Title:

II. Job Duties:

Ill. Assigned Individuals:

IV. Compensation:

Hourly fees for services will be negotiated on a case-by-case basis.

Item Number: 14.

Page 641 of 778 ends

EXHIBIT "B"

INSURANCE REQUIREMENTS- PROFESSIONAL SERVICES

AGREEMENT
Insurance:

Item Number: 14.

Page 642 of 778 ends

Item Number: 14.

Page 643 of 778 ends

Page 644 of 778 ends

Item Number: 14.

Page 645 of 778 ends

PROFESSIONAL SERVICES AGREEMENT BY

AND BETWEEN

CITY OF DESERT HOT SPRINGS
AND
LF STAFFING SERVICES, INC dba LABOR

FINDERS
This Professional Services Agreement ("Agreement") is made and entered into this_ _ _ day of _ _ _ _ 2022, by and between the City of Desert Hot Springs, municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the "City," and L F S t a f f i n g S e r v i c e s , I n c d b a L a b o r F i n d e r s , a provider of temporary staffing services, hereinafter referred to as "Consultant."
RECITALS:

NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,

CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER

GOOD AND VALUABLE CONSIDERATI ON, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.

Professional Services Agreement Page 1
Item Number: 14.

Page 646 of 778 ends

Page 647 of 778 ends

authorization from the City. Hourly fees for services are subject to change if City requests that Consultant perform Extra Work.

Professional Services Agreement Page 3
Item Number: 14.

Page 648 of 778 ends

Section 11. INDEPENDENT CONTRACTOR'S STATUS: NOT AGENT

Professional Services Agreement Page 4
Item Number: 14.

Page 649 of 778 ends

Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS

REGARDING INDEPENDENT CONTRACTOR'S STATUS

Professional Services Agreement Page 5
Item Number: 14.

Page 650 of 778 ends

Page 651 of 778 ends

Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND

Page 652 of 778 ends

Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.

This section shall survive termination or expiration of this Agreement.

Notwithstanding anything to the contrary in this Agreement, Consultant shall not be liable for, or have any duty of indemnification or defense with respect to any acts or omissions of City.

Professional Services Agreement Page B
Item Number: 14.

Page 653 of 778 ends

Professional Services Agreement Page 9
Item Number: 14.

Page 654 of 778 ends

To the City: Geoffrey Buchheim
Administrative Services Director
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411, ext. 227
Facsimile: (760) 288-3129
Email:
[email protected]
To Consultant: Ernie Gutierrez, Branch Manager
Labor Finders
77682 Country Club Dr, Ste F3
Palm Desert, CA 92211
Telephone: (760) 324-2014
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.

Professional Services Agreement Page 10
Item Number: 14.

Page 655 of 778 ends

Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.

Page 656 of 778 ends

Page 657 of 778 ends

proceeding shall include an award thereof.

Sectjon 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.

Sectjon 33. PRINCIPAL REPRESENTATIVES
a. Erin M. Sullivan shall be Consultant's Principal Representative and the Professional Services Agreement Page 13
Item Number: 14.

Page 658 of 778 ends

person responsible for undertaking and managing performance of all of the services set forth in the Scope of Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Scope of Services of this Agreement, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. The A d m i n i s t r a t i v e S e r v i c e s D i r e c t o r , G e o f f r e y B u c h h e i m , shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.

Professional Services Agreement Page 14
Item Number: 14.

Page 659 of 778 ends

Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.

Sectjon 42. REPRESENTATIONS OF PARTIES AND PERSONS

Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.

Section 44. SURVIVIAL
Professional Services Agreement Page 15
Item Number: 14.

Page 660 of 778 ends

All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.

If City requests a copy of the results of any checks conducted on Consultant's Assigned Individuals, City agrees to keep such results strictly confidential and to use such results in accordance with applicable laws and solely for employment purposes. (ii) Consultant may increase its rates to reflect increases in its cost of employing its workers due to governmental or regulatory changes (e.g., costs associated with higher minimum wages for workers or increases in taxes, benefits or other costs that may result from any applicable government authority or action). Consultant will provide written notice to City of the increase in its rates. Any increase in rates will be prospective, starting as of the effective date Consultant specifies. (iii) This Agreement is only applicable to, and the only Labor Finders at the branch office located at 77682 Country Club Dr, Ste F3, Palm Desert, CA 92211.

Professional Services Agreement Page 16
Item Number: 14.

Page 661 of 778 ends

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK}
Professional Services Agreement Page17
Item Number: 14.

Page 662 of 778 ends

CITY OF DESERT HOT SPRINGS LABOR FINDERS
____________________________ _____________________
Luke Rainey, City Manager Ernie Gutierrez
ATTEST:
______________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney
Item Number: 14.

Page 663 of 778 ends

EXHIBIT "A"

SCOPE OF SERVICES
I. Job Title:

II. Job Duties:

Ill. Assigned Individuals:

IV. Compensation:

Hourly fees for services will be negotiated on a case-by-case basis.

Item Number: 14.

Page 664 of 778 ends

EXHIBIT "B"

INSURANCE REQUIREMENTS- PROFESSIONAL SERVICES

AGREEMENT
Insurance:

Item Number: 14.

Page 665 of 778 ends

Item Number: 14.

Page 666 of 778 ends

Page 667 of 778 ends

Item Number: 14.

Page 668 of 778 ends

SR-22-172
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: June 7, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - June 7, 2022 Item Number: 15.

Page 669 of 778 ends

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, June 7, 2022
Council Chambers
CLOSED SESSION - 5:30 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 5:30 P.M.

ROLL CALL

Present:

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

PUBLIC COMMENTS
None.

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

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

Item Number: 15.

Page 670 of 778 ends

City Council
June 7, 2022

ROLL CALL

Present:

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

INVOCATION
Pastor Thomas Tarrant gave the Invocation.

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

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, reported that the City Council voted 5-0 to enter into a Settlement and Release Agreement between the Sierra Club, Oswit Land Trust, and Seefried Industrial Properties, Inc.

APPROVAL OF AGENDA
ACTION: Approve the June 7, 2022 Regular Meeting Agenda and approve the Consent Calendar in its entirety.

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

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

PUBLIC COMMENTS
Stephanie Hernandez expressed concerns regarding a proposed sobriety house.

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

Nicholas Haecker, Public Works Director, provided an update regarding park upgrades, Police Department Dispatch Center, and concerns received regarding the height of the speed bumps installed at Tedesco Park.

Roberta Crncic, Executive Program Director, announced Little League Closing Ceremonies.

Item Number: 15.

Page 671 of 778 ends

City Council
June 7, 2022

MAYOR AND COUNCIL MEMBER REPORTS
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.

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

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

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

PUBLIC HEARINGS:

3. 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.

Staff Report - SR-22-137 - Pdf
Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.
1) Kathryn Butterfield spoke opposed.
2) David Carp spoke opposed.
3) Virginia Martin spoke opposed.
4) Rene Billman spoke opposed.

Mayor Matas closed the Public Hearing.

Item Number: 15.

Page 672 of 778 ends

City Council
June 7, 2022
A discussion ensued. City Staff and Chris Cunningham, Desert Valley Disposal, responded to questions.

ACTION: Approve fees related to SB 1383 and send a letter to State legislature encouraging delay of SB 1383 implementation until inflationary period is under control; approve CPI adjustments; delay implementation of the "Weekly Bulky Waste Collection Program" until inflationary period is under control; and reduce the Desert Valley Disposal franchise fee from 19% to 10%.

Moved by Council Member Betts
Seconded by Council Member Nuñez
DEFEATED. 2-3 by the following votes:

AYES: Betts and Nuñez
NOES: Pye, Gardner, and Matas
ACTION: Adopt Resolution No. 2022-019 declaring that no majority protest exists, excluding the "Weekly Bulky Waste Collection Program." Moved by Mayor Pro Tem Gardner
Seconded by Council Member Pye
Carried 3-2 by the following votes:

AYES: Pye, Gardner, and Matas
NOES: Betts and Nuñez
The City Council recessed at 7:47 P.M.

The City Council reconvened at 7:57 P.M.

4. 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 Item Number: 15.

Page 673 of 778 ends

City Council
June 7, 2022
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.

Staff Report - SR-22-132 - Pdf
Erick Becerril, Community Development Director, presented the staff report and responded to questions.

Mayor Matas opened the public hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

A discussion ensued.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-020.

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

5. 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."
Item Number: 15.

Page 674 of 778 ends

City Council
June 7, 2022
Staff Report - SR-22-133 - Pdf
Council Member Betts stated that he owns property within the Downtown Commercial District and therefore recused due to a potential conflict of interest.

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

Mayor Matas opened the Public Hearing.

Kendra Wester asked questions.

Mayor Matas closed the Public Hearing.

A discussion ensued.

ACTION: Approve Staff recommendation.

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

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

6. 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.

Staff Report - SR-22-134 - Pdf
Jerryl Soriano, City Clerk, presented the staff report.

Derward Cook addressed the City Council.

ACTION: Approve Staff recommendation.

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

AYES: Betts, Nuñez, Pye, Gardner, and Matas
Item Number: 15.

Page 675 of 778 ends

City Council
June 7, 2022

7. 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.

Staff Report - SR-22-111 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.

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

8. 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." Staff Report - SR-22-135 - Pdf
Jerryl Soriano, City Clerk, presented the staff report.

Chuck Parker, Salton Sea Coalition, responded to questions.

ACTION: Adopt Resolution No. 2022-021, "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."
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:

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

9. 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 Item Number: 15.

Page 676 of 778 ends

City Council
June 7, 2022
Springs, to receive grant funding totaling $128,000 for the DHS Trails Conservation Outreach and Education Program.

Staff Report - SR-22-136 - Pdf
Daniel Porras, Assistant City Manager, presented the staff report.

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
CONSENT CALENDAR:

10. City Council Regular Meeting Minutes: May 17, 2022
Staff Report - SR-22-141 - Pdf
ACTION: Approved the Minutes as presented.

11. Second Reading and Adoption of Noise Control Ordinance Staff Report - SR-22-130 - Pdf
ACTION: Adopted Ordinance No. 757: "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."

12. Second Reading and Adoption of Organic Waste Recycling SB 1383 Ordinance
Staff Report - SR-22-131 - Pdf
ACTION: Adopted Ordinance No. 758: "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.

Item Number: 15.

Page 677 of 778 ends

City Council
June 7, 2022

13. 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)
Staff Report - SR-22-140 - Pdf
ACTION: Adopted Resolution No. 2022-022: “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, adopting a map of the area proposed to be annexed (Annexation No. 47), and to authorize the levy of special taxes therein.”

14. 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.

Staff Report - SR-22-138 - Pdf
ACTION: Adopted Resolution No. 2022-023: “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.

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 8:44 P.M.

Jerryl Soriano, CMC, City Clerk
Item Number: 15.

Page 678 of 778 ends

SR-22-157
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: Finance
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Community Facilities District 2006-1, Improvement Area No. 1, Levy and Collection of Special Taxes for Fiscal Year 2022-23
RECOMMENDATION:

Adopt a Resolution of the City Council Ordering the Levy and Collection of Special Taxes within Community Facilities District No. 2006-1 Improvement Area No. 1, for Fiscal Year 2022-23.

BACKGROUND:

The City formed the City of Desert Hot Springs Community Facilities District No. 2006-1 (“District”) and designated portions of the District as five improvement areas known as Improvement Area 1, Improvement Area 2, Improvement Area 3, Improvement Area 4, and Improvement Area 5 under and pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code §§53311-53368.3) (the “Act”). The District was formed to finance and purchase facilities including: streets, bridges and traffic signal facilities, city fire department, law enforcement and transportation impact, street improvements, street lights, utility relocation, sidewalks, perimeter walls and landscaping related thereto, local City improvement storm drainage facilities, detention basin facilities and landscaping, fire station facilities, park facilities and land, rights-of-way and easements necessary for any of such facilities.

The City issued Special Tax Bonds, Series 2008A for $2,080,000 on November 19, 2008, to finance a portion of the facilities within the District. The City refunded these bonds and issued Special Tax Bonds, Series 2010 for $2,285,000 on August 17, 2010. On February 6, 2020, the City refunded the Series 2010 bonds and issued the Series 2020 Special Tax Refunding Bonds in the amount of $1,995,205.57.

These bonds mature on September 1, 2038.

DISCUSSION:

The City Council adopted Ordinance No. 2007-13, on August 7, 2007, which authorized and levied the Special Taxes within Improvement Area 1 of the District. Pursuant to the Act (Section 53340) the City Council may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance. The attached resolution will authorize the levy of the special taxes within Improvement Area 1 of the District for Fiscal Year 2022-

23. The list of parcels subject to the special tax would need to be filed with the County by August 10, 2022, for placement on the tax roll.

FISCAL IMPACT:

Item Number: 16.

Page 679 of 778 ends

SR-22-157
There are currently 216 developed parcels included within the District’s Improvement Area No. 1, generating a total levy of $199,253.06 for Fiscal Year 2022-23.

ATTACHMENTS:

Exhibit 1 - CFD 2006-1 Resolution Ordering Levy FY 22-23 Exhibit A to Resolution - CFD 2006-1 Preliminary Roll
Exhibit 3 - Rates and Method of Apportionment CFD 2006-1 Item Number: 16.

Page 680 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 1 of 4 ends

RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

DESERT HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF

SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT
NO. 2006-1 IMPROVEMENT AREA 1, FOR FISCAL YEAR 2022-23
WHEREAS, the City Council of the City of Desert Hot Springs (the “City”) has formed City of Desert Hot Springs Community Facilities District No. 2006-1 (the “Community Facilities District”) and designated portions of the Community Facilities District as five improvement areas (each an “Improvement Area”) known as “Improvement Area 1 of Community Facilities District No. 2006-1” (“Improvement Area 1”), “Improvement Area 2 of Community Facilities District No. 2006-1” (“Improvement Area 2”), “Improvement Area 3 of Community Facilities District No. 2006-1” (“Improvement Area 3”), “Improvement Area 4 of Community Facilities District No. 2006-1” (“Improvement Area 4”) and “Improvement Area 5 of Community Facilities District No. 2006-1” (“Improvement Area 5”), under and pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy certain special taxes within Improvement Area 1 to pay for the costs of certain public facilities (the “Special Taxes”);
WHEREAS, the City Council, pursuant to Ordinance No. 2007-13, adopted by the City Council on August 7, 2007, authorized and levied the Special Taxes within Improvement Area 1 of the Community Facilities District;
WHEREAS, Section 53340 of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year; and WHEREAS, the City Council desires to levy the Special Taxes within Improvement Area 1, as applicable, for Fiscal Year 2022-23;

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

Section 1. Recitals
That all of the above recitals are true and correct.

Section 2. Special Taxes
That the City Council hereby levies the Special Taxes for the Fiscal Year 2022-23 at the rates and with respect to the parcels as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. The Administrative Services Director of the City is hereby authorized and directed to file with the Riverside County Auditor-Controller no later than August 10, 2022, subject only to permitted extension by the Auditor-Controller, a certified list of all parcels subject to the Special Tax levy including the amount of the Special Taxes to be levied on each parcel for Fiscal Year 2022-23.

Item Number: 16.

Page 681 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 2 of 4 ends

Section 3. Authorization
That the officers and agents of the City are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of the Special Taxes for Fiscal Year 2022- 23 as provided in this Resolution.

Section 4. Approval of Previous Actions
That all actions heretofore taken by the officers and agents of the City with respect to the levy of the Special Taxes for Fiscal Year 2022-23 are hereby approved, confirmed and ratified.

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

Section 6. Certification
That the City Clerk shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 16.

Page 682 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 3 of 4 ends

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this twenty-first day of June 2022, by the following vote:

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 16.

Page 683 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 4 of 4 ends

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on June 21, 2022, of which meeting all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NAYES:

ABSENT:

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

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

Dated: June 21, 2022
City Clerk of the City of Desert Hot Springs
[SEAL]
Item Number: 16.

Page 684 of 778 ends

PIN Levy Amount PIN Levy Amount PIN Levy Amount
CITY OF DESERT HOT SPRINGS 687201 - CFD 2006-1 IA 1
Fiscal Year 2022-23 Assessment Roll
667240001 $959.20
667240002 $849.90
667240003 $849.90
667240004 $959.20
667240005 $849.90
667240006 $959.20
667240007 $849.90
667240008 $959.20
667240009 $849.90
667240010 $959.20
667240011 $959.20
667240012 $849.90
667240013 $849.90
667240014 $849.90
667240015 $849.90
667240016 $849.90
667240017 $849.90
667240018 $849.90
667240019 $959.20
667240020 $849.90
667240021 $849.90
667240022 $849.90
667240023 $849.90
667240024 $959.20
667240025 $849.90
667240026 $849.90
667240027 $849.90
667240028 $959.20
667240029 $849.90
667240030 $849.90
667240031 $959.20
667240032 $849.90
667240033 $849.90
667240034 $959.20
667240035 $849.90
667240036 $849.90
667240037 $849.90
667240038 $849.90
667250001 $849.90
667250002 $959.20
667250003 $849.90
667250004 $849.90
667250005 $959.20
667250006 $849.90
667250007 $849.90
667250008 $959.20
667250009 $849.90
667250010 $849.90
667250011 $959.20
667250012 $849.90
667250013 $849.90
667250014 $959.20
667250015 $849.90
667250016 $959.20
667250017 $849.90
667250018 $849.90
667250019 $959.20
667250020 $849.90
667250021 $849.90
667250022 $959.20
667250023 $849.90
667250024 $849.90
667250025 $849.90
667250026 $849.90
667250027 $849.90
667250028 $959.20
667250029 $849.90
667250030 $849.90
667250031 $959.20
667250032 $849.90
667250033 $959.20
667250034 $849.90
667250035 $959.20
667250036 $849.90
667250037 $849.90
667250038 $959.20
667260001 $849.90
667260002 $849.90
667260003 $959.20
667260004 $849.90
667260005 $849.90
667260006 $959.20
667260007 $849.90
667260008 $849.90
667260009 $959.20
667260010 $849.90
667260011 $959.20
667260012 $849.90
667260013 $849.90
667260014 $849.90
667260015 $959.20
667260016 $849.90
667260017 $959.20
667260018 $849.90
667260019 $849.90
667260020 $959.20
667260021 $849.90
667260022 $959.20
667260023 $849.90
667260024 $959.20
667260025 $849.90
667260026 $849.90
667260027 $849.90
667260028 $959.20
667260029 $849.90
667260030 $849.90
667260031 $849.90
667260032 $959.20
667260033 $849.90
667260034 $849.90
667260035 $959.20
667260036 $849.90
667260037 $849.90
667260038 $959.20
667260039 $849.90
667260040 $959.20
667260041 $849.90
667260042 $959.20
667260043 $849.90
667260044 $849.90
667260045 $849.90
667260046 $849.90
667260047 $849.90
CITY OF DESERT HOT SPRINGS - 687201 - CFD 2006-1 IA 1 Page 1 of 3 Item Number: 16.

Page 685 of 778 ends

PIN Levy Amount PIN Levy Amount PIN Levy Amount
CITY OF DESERT HOT SPRINGS 687201 - CFD 2006-1 IA 1
Fiscal Year 2022-23 Assessment Roll
667260048 $959.20
667260049 $849.90
667260050 $849.90
667260051 $849.90
667260052 $849.90
667260053 $959.20
667260054 $849.90
667260055 $849.90
667260056 $959.20
667260057 $849.90
667260058 $849.90
667260059 $849.90
667260060 $959.20
667260061 $849.90
667260062 $959.20
667260063 $849.90
667260064 $849.90
667260065 $959.20
667260066 $849.90
667260067 $959.20
667260068 $849.90
667260069 $849.90
667260070 $959.20
667260071 $849.90
667260072 $849.90
667260073 $959.20
667260074 $849.90
667260075 $959.20
667260076 $849.90
667260077 $849.90
667260078 $849.90
667270064 $1,109.32
667270065 $1,086.24
667270066 $959.20
667290001 $959.20
667290002 $959.20
667290003 $959.20
667290004 $959.20
667290005 $959.20
667290006 $1,086.24
667290007 $959.20
667290008 $959.20
667290009 $959.20
667290010 $836.04
667290011 $959.20
667290012 $959.20
667290013 $1,086.24
667290014 $959.20
667290015 $1,202.48
667290016 $959.20
667290017 $959.20
667290018 $1,086.24
667290019 $959.20
667290020 $1,202.48
667290021 $959.20
667290022 $959.20
667290023 $1,086.24
667290024 $1,109.32
667290025 $1,202.48
667290026 $1,086.24
667290027 $959.20
667290028 $959.20
667290029 $836.04
667290047 $1,109.32
667290048 $1,202.48
667290049 $959.20
667290050 $959.20
667290051 $1,086.24
667290052 $1,109.32
667290053 $959.20
667290054 $959.20
667290055 $959.20
667290056 $1,086.24
667290057 $959.20
667290058 $1,202.48
667290059 $1,086.24
667290060 $959.20
667290061 $1,109.32
667290062 $959.20
667290063 $836.04
667290064 $959.20
667290065 $959.20
667290066 $1,086.24
667290067 $1,109.32
667290068 $836.04
667290069 $959.20
667290070 $959.20
667290071 $1,086.24
667290072 $1,109.32
667290073 $1,202.48
667290074 $959.20
667290075 $959.20
667290076 $1,086.24
CITY OF DESERT HOT SPRINGS - 687201 - CFD 2006-1 IA 1 Page 2 of 3 Item Number: 16.

Page 686 of 778 ends

PIN Levy Amount PIN Levy Amount PIN Levy Amount
CITY OF DESERT HOT SPRINGS 687201 - CFD 2006-1 IA 1
Fiscal Year 2022-23 Assessment Roll
Parcels: 216
Levy: $199,253.06
CITY OF DESERT HOT SPRINGS - 687201 - CFD 2006-1 IA 1 Page 3 of 3 Item Number: 16.

Page 687 of 778 ends

1 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006

RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2006-1

OF THE CITY OF DESERT HOT SPRINGS
(IMPROVEMENT AREA NO. 1)
A Special Tax (as hereinafter defined) shall be levied on all Assessor’s Parcels of Taxable Property in Improvement Area No. 1 (“IA No. 1”) of Community Facilities District No. 2006-1 of the City of Desert Hot Springs (the “District”) in each Fiscal Year, in an amount determined by the City Council of the City of Desert Hot Springs (the “Council” or the “City”) through the application of the appropriate Special Tax for “Developed Property,” “Approved Property,” “Undeveloped Property,” “Taxable Association Property,” or “Taxable Public Property” as provided below. All Assessor’s Parcels in IA No. 1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on the Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, lot line adjustment, condominium plan, or other recorded parcel map.
“Act” means the Mello Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code.
“Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of IA No. 1: the costs of computing the Special Taxes and preparing the annual Special Tax levy schedules (whether by the City, the District, or an agent thereof); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting the Special Taxes to the fiscal agent or trustee; the costs of the fiscal agent or trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, IA No. 1 or any agent thereof in complying with arbitrage rebate requirements; the costs to the City, IA No. 1 or any agent thereof to provide continuing disclosure information; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, IA No. 1 or any agent thereof related to an appeal of the Special Tax. Administrative Expenses shall also include amounts advanced by the City or IA No. 1 for any other administrative purposes of IA No. 1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure proceedings for the collection of delinquent Special Taxes.

Item Number: 16.

Page 688 of 778 ends

2 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a final map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or before March 1 of the Fiscal Year preceding the Fiscal Year in which Special Taxes are being levied.
“Assessor’s Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number in IA No. 1.
“Assessor’s Parcel Map” means an official map of the Assessor of the County of Riverside designating parcels by Assessor’s Parcel number. “Association Property” means any property owned by or irrevocably offered or dedicated to or for which an easement for purposes of right of way has been granted to a property owners’ association, including any master or sub association. “Assigned Special Tax” means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1.a below. “Backup Special Tax” means the Special Tax amount determined for an Assessor’s Parcel pursuant to Section C.1.b.
“Backup Special Tax Per Acre” means $9,103 per Acre.
“Bonds” means any bonds or other indebtedness (as defined in the Act), whether issued in one or more series, secured only by the levy of Special Taxes on Assessor’s Parcels in IA No. 1.
“CFD No. 2006-1” means the City of Desert Hot Springs Community Facilities District No. 2006-1.
“City” means the City of Desert Hot Springs.
“Council” means the City of Desert Hot Springs City Council. “Developed Property” means all Assessor’s Parcels, exclusive of Association Property and Public Property, upon which completed Dwelling Units or non-residential buildings have been constructed or for which building permits have been issued as of March 1 of the Fiscal Year preceding the Fiscal Year for which Special Taxes are being levied.
“District Administrator” means an official of the City, or an agent thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes.
“Dwelling Unit” or “DU” means a single family home or condominium unit.

Item Number: 16.

Page 689 of 778 ends

3 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006
“Exempt Property” means all Assessor’s Parcels within IA No. 1 designated as being exempt from the Special Tax as determined in Section E. “Final Subdivision” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code Section 1352 that creates individual lots for which building permits may be issued without further subdivision, as determined by the District Administrator.
“Fiscal Year” means the period starting on July 1 and ending on the following June 30.
“IA No. 1” means Improvement Area No. 1 of CFD No. 2006-1 as identified on the Boundary Maps for the District attached hereto as Exhibit A. Further details concerning the Legal Description of the Improvement Area are attached hereto as Exhibit B.
“Indenture” means the indenture, fiscal agent agreement, trust agreement, or resolution, pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time.
“Land Use Category” means for Assessor’s Parcels of Developed Property, the categories of Residential Property and Non-Residential Property identified in Table 1. “Maximum Special Tax” means the Maximum Special Tax, determined as provided in Section C, which can be levied in any Fiscal Year on any Assessor’s Parcel of Taxable Property in IA No. 1.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property upon which completed non-residential buildings have been constructed or for which building permits have been or may be issued for construction of such buildings, as determined by the District Administrator.
“Proportionately” means for Developed Property that the ratio of the amount of Special Tax levied to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property within each Land Use Category identified in Table 1. For Approved Property, Undeveloped Property, Taxable Public Property and Taxable Association Property, “Proportionately” means that the ratio of the amount of Special Tax levied per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Approved Property, Undeveloped Property, Taxable Public Property or Taxable Association Property.
“Public Property” means property owned by or irrevocably offered or dedicated to or for which an easement for purposes of public right of way has been granted to the federal government, the State of California, the County of Riverside, the City or any other local governmental or public agency; provided, however, that any property leased Item Number: 16.

Page 690 of 778 ends

4 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006
by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be classified and taxed according to its use. “Residential Floor Area” for any Assessor’s Parcel of Residential Property means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to the most recent building permit(s) issued for each Assessor’s Parcel. “Residential Property” means all Assessor’s Parcels of Developed Property upon which completed Dwelling Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Dwelling Units, as determined by the District Administrator.
“Special Tax” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property in IA No. 1 to fund the Special Tax Requirement. “Special Tax Requirement” means the amount required in any Fiscal Year for IA No. 1 to: (i) pay debt service on all outstanding Bonds due in the calendar year which commences in such Fiscal Year; (ii) pay periodic costs for the Bonds, including but not limited to, costs related to credit enhancement and rebate payments; (iii) pay Administrative Expenses; (iv) pay an amount equal to reasonably anticipated delinquencies in the collection of Special Taxes; and (v) pay any amounts required to establish or replenish the reserve fund for the outstanding Bonds; less (vi) a credit for funds which are available pursuant to the Indenture to pay debt service on the outstanding Bonds.
“Taxable Property” means all of the Assessor’s Parcels which are not Exempt Property.
“Taxable Association Property” means all Association Property which are not Exempt Property.
“Taxable Public Property” means all Public Property which are not Exempt Property.
“Undeveloped Property” means all Taxable Property not classified as Developed Property or Approved Property, exclusive of Taxable Association Property or Taxable Public Property.

B. CLASSIFICATION AND LAND USE CATEGORIZATION
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within IA No. 1 shall be classified as Developed Property, Approved Property, Undeveloped Property, Taxable Association Property, or Taxable Public Property and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property shall be classified as either Residential Property or Non-Residential Property.

Item Number: 16.

Page 691 of 778 ends

5 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006
For purposes of determining the applicable Assigned Special Tax for Assessor’s Parcels of Developed Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned to a Land Use Category based upon the square footage of the Residential Floor Area of the Dwelling Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued therefor.

C. ASSIGNED AND MAXIMUM SPECIAL TAXES

1. Developed Property
The Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be the greater of (i) the applicable Assigned Special Tax or (ii) the amount of the Backup Special Tax therefor.
a. Assigned Special Tax
The Assigned Special Tax amounts for all Land Use Categories of Developed Property are specified in Table 1 below.

TABLE 1
Assigned Special Taxes for Land Use Categories
of Developed Property
Land Use
Category
Taxable
Unit
Residential Floor Area
(Square Feet of Dwelling
Unit)
Assigned Special
Tax per DU or
Acre

1. Residential
Property DU 1,549 sq. ft. or less $1,086 per DU

2. Residential
Property DU 1,550-1,799 sq. ft. $1,104 per DU

3. Residential
Property DU 1,800-2,049 sq. ft. $1,246 per DU

4. Residential
Property DU 2,050-2,299 sq. ft. $1,411 per DU

5. Residential
Property DU 2,300-2,549 sq. ft. $1,441 per DU

6. Residential
Property DU 2,550 sq. ft. or greater $1,562 per DU

7. Non Residential
Property Acre N/A $9,103 per Acre
b. Backup Special Tax
The total amount of the Backup Special Tax for a Final Subdivision of property shall be determined by multiplying the Acreage of all Assessor’s Item Number: 16.

Page 692 of 778 ends

6 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006
Parcels of Taxable Property, exclusive of the Acreage of any Taxable Association Property and/or Taxable Public Property, in the Final Subdivision by the Backup Special Tax per Acre. If a Final Subdivision includes both Assessor’s Parcels of Residential Property and Assessor’s Parcels of Non-Residential Property, the total amount of the Backup Special Tax for such Assessor’s Parcels of Residential Property shall be based only on the Acreage of those Assessor’s Parcels.

The Backup Special Tax for each Assessor’s Parcel of Residential Property in a Final Subdivision shall be determined by dividing the total amount of the Backup Special Tax for all of the Assessor’s Parcels of Residential Property in the Final Subdivision, as determined pursuant to the preceding paragraph, by the number of Dwelling Units within such Final Subdivision and multiplying the result by the number of Dwelling Units on such Assessor’s Parcel.

The Backup Special Tax for each Assessor’s Parcel of Non-Residential Property in a Final Subdivision shall be determined by multiplying the Acreage of the Assessor’s Parcel by the Backup Special Tax per Acre.

Notwithstanding the foregoing, if Assessor’s Parcels of Residential Property are subsequently changed or modified by recordation of a lot line adjustment or similar instrument, the total amount of the Backup Special Tax shall be recalculated so that the total amount of the Backup Special Tax for such Assessor’s Parcels after such change will be equal to the aggregate amount of the Backup Special Tax for such Assessor’s Parcels before such change occurred.

2. Approved Property, Undeveloped Property, Taxable Association Property and Taxable Public Property
The Maximum Special Tax for Assessor’s Parcels of Approved Property, Undeveloped Property, Taxable Association Property and Taxable Public Property shall be $9,103 per Acre.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2007-08 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property until the aggregate amount of the Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied for each Fiscal Year as follows:

First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Assigned Special Tax as needed to satisfy the Special Tax Requirement;
Item Number: 16.

Page 693 of 778 ends

7 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on all Assessor’s Parcels of Approved Property up to 100% of the Maximum Special Tax for Approved Property;
Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property;
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, the Special Tax to be levied on all Assessor’s Parcels of Developed Property whose Maximum Special Tax is its Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor’s Parcel; Fifth: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on all Assessor’s Parcels of Taxable Association Property up to 100% of its Maximum Special Tax;
Sixth: If additional moneys are needed to satisfy the Special Tax Requirement after the first five steps have been completed, the Special Tax shall be levied Proportionately on all Assessor’s Parcels of Taxable Public Property up to 100% of its Maximum Special Tax.

Notwithstanding the above, under no circumstances will the Special Taxes levied on any Assessor’s Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent (10%) in any Fiscal Year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor’s Parcel.

E. EXEMPTIONS
The District Administrator shall classify as Exempt Property Assessor’s Parcels of (i) Public Property or (ii) Association Property; provided that such classification shall not reduce the Acreage of all Taxable Property to less than 54.10 Acres. The District Administrator shall not classify an Assessor’s Parcel of Public Property or Association Property as Exempt Property if such classification would reduce the sum Acreage of all Taxable Property to less than 54.10 Acres. Such Assessor's Parcels that cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 54.10 Acres will be classified as Taxable Association Property or Taxable Public Property, and will continue to be subject to the Special Tax.

The District Administrator shall classify such Assessor’s Parcels as Exempt Property in the chronological order in which property becomes Public Property or Association Property.

Item Number: 16.

Page 694 of 778 ends

8 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that IA No. 1 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may foreclose on Assessor’s Parcels having delinquent Special Taxes as permitted by the Act.

G. TERM OF THE SPECIAL TAX
For each Fiscal Year that any Bonds are outstanding, the Special Tax shall be levied on all Assessor’s Parcels of Taxable Property. If any delinquent Special Taxes remain uncollected prior to or after all outstanding Bonds are retired, the Special Tax may be levied to the extent necessary, up to the applicable Maximum Special Tax, to make up the deficiency resulting from such delinquent Special Taxes, but not later than the 2047-48 Fiscal Year.

H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
“CFD Public Facilities” means $4,700,000 or such lower number as (i) shall be determined by the Administrator as sufficient to provide the public facilities under the authorized bonding program of the CFD, or (ii) shall be determined by the Administrator concurrently with a covenant that it will not issue any more Bonds to be supported by Special Taxes within Improvement Area No. 1 as levied under this Rate and Method of Apportionment.
“Construction Fund” means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct public facilities eligible under the Act.
“Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded through existing construction or escrow accounts or funded by the Outstanding Bonds, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued bonds issued by and secured by the levy of Special Taxes within the CFD, which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special Taxes.

1. Prepayment in Full
The Maximum Special Tax obligation within any Tax Zone may only be prepaid and permanently satisfied by a Parcel of Developed Property, Approved Property Item Number: 16.

Page 695 of 778 ends

9 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006
and/or Undeveloped Property for which a building permit has been issued, and Public Property and/or Property Owner’s Association Property that is not Exempt Property pursuant to Section E. The Maximum Special Tax obligation applicable to such Parcel may be fully prepaid and the obligation of the Parcel to pay the Special Tax permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such the Parcel at the time of prepayment. An owner of a Parcel intending to prepay the Maximum Special Tax obligation shall provide the Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper amount of a prepayment. Within 15 days of receipt of such nonrefundable deposit, the Administrator shall notify such owner of the prepayment amount of such Parcel. Prepayment must be made not less than 60 days prior to any redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows:

1. Confirm that no Special Tax delinquencies apply to such Parcel.

2. For Parcels of Developed Property, compute the Maximum Special Tax for the Parcel to be prepaid. For Parcels of Approved Property or Undeveloped Property to be prepaid, compute the Maximum Special Tax for that Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Parcel. For Parcels of Public Property and/or Property Owner’s Association Property to be prepaid, compute the Maximum Special Tax for that Parcel.

3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total estimated Maximum Special Taxes based on the projected Developed Property Special Tax, or if at buildout the actual Developed Property Special Tax which could be charged, less any Parcels which have been prepaid.

Item Number: 16.

Page 696 of 778 ends

10 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006

4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount computed pursuant to paragraph 4 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Compute the Future Facilities Costs.

7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the “Future Facilities Amount”).

8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds.

9. Determine the Special Taxes levied on the Parcel in the current Fiscal Year which have not yet been paid.

10. Compute the amount the Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Amount and the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment.

11. Add the amounts computed pursuant to paragraphs 8 and 9 and subtract the amount computed pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

14. The Maximum Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 11 and 12, less the amount computed pursuant to paragraph 13 (the “Prepayment Amount”).

Item Number: 16.

Page 697 of 778 ends

11 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006

15. From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 11, and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph 12 shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined under paragraph 9 (above), the Administrator shall remove the current Fiscal Year’s Special Tax levy for such Parcel from the County tax rolls. With respect to any Parcel that is prepaid, the Board shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Parcel, and the obligation of such Parcel to pay the Special Tax shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied on Taxable Property both prior to and after the proposed prepayment is at least 1.1 times the maximum principal and interest due in any Fiscal Year of all Outstanding Bonds plus the anticipated Administrative Expenses.

Tenders of Bonds in prepayment of Maximum Special Taxes may be accepted upon the terms and conditions established by the Board pursuant to the Act.

However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Board.

2. Prepayment in Part
The Maximum Special Tax on a Parcel of Developed Property or a Parcel of Approved Property or Undeveloped Property for which a building permit has been issued may be partially prepaid in increments of $5,000. The amount of the prepayment shall be calculated as in Section H.1; except that a partial prepayment shall be calculated according to the following formula:

PP = ((PE –A)x F)+A
These terms have the following meaning:

PP = the partial prepayment
Item Number: 16.

Page 698 of 778 ends

12 City of Desert Hot Springs
IA No. 1 of CFD No. 2006-1 11/16/2006
PE = the Prepayment Amount calculated according to Section H.1 F = the percent by which the owner of the Parcel(s) is partially prepaying the Maximum Special Tax.

A = the Administrative Fees and Expenses calculated according to Section H.1
The owner of a Parcel who desires to partially prepay the Maximum Special Tax shall notify the Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax, (ii) the amount of partial prepayment expressed in increments of $5,000, and (iii) the company or agency that will be acting as the escrow agent, if applicable and within 5 days of receipt of such notice, the Administrator shall notify such property owner of the amount of the nonrefundable deposit determined to cover the cost to be incurred by the CFD in calculating the proper amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the Administrator shall notify such owner of the partial prepayment amount of such Parcel. Partial prepayment must be made not less than 60 days prior to any redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

With respect to any Parcel that is partially prepaid, the Administrator shall (i) distribute the funds remitted to it according to Paragraph 15 of Section H.1, and (ii) indicate in the records of the CFD that there has been a partial prepayment of the Maximum Special Tax and that a portion of the Maximum Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax shall continue to be authorized to be levied on such Parcel pursuant to Section D.

Item Number: 16.

Page 699 of 778 ends

Page 700 of 778 ends

SR-22-155
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: Finance
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Community Facilities District No. 2010-1 Levy and Collection of Special Taxes to Fund the Maintenance of the Improvements for Fiscal Year 2022-23 RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, Approving the Levy and Collection of Special Taxes within the Community Facilities District No. 2010-1 (Services) for Fiscal Year 2022-23.

BACKGROUND:

The City formed the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) (“CFD 2010-1”) under and pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code §§53311-53368.3) (“Act”). CFD 2010-1 was formed to provide the following services authorized pursuant to Section 53313 of the Act (collectively, the “Services”): maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and maintenance and operation of storm drainage and flood protection facilities, including, without limitation, drainage inlets and retention basins.

CFD 2010-1 is currently comprised of the following annexations:

Annexation Land Use Category Acreage Benefit Units
Original (Hacienda
Hills)
Multi-Family
Residential 4.43 36
Annex No. 1 (Wellness
Center) Mixed 7.97 40.63
Annex No. 3 (Dollar
General) Commercial 1.87 9.37
Annex No. 4 (Pierson Commercial 6.81 34.05
Item Number: 17.

Page 701 of 778 ends

SR-22-155
Annexation Land Use Category Acreage Benefit Units
Plaza)
Annex No 5 (Sears
Holdings) Commercial 7.21 36.05
Annex No 6 (YK Spa) Commercial 0.76 3.8
Annex No. 8
(Canndescent) Commercial 5.35 5.35
Annex No. 9 (DHS
Property Investment)
CUP 11-16
Industrial 1.07 2.14
Annex No. 11
(Clonnetics) CUP 06-
15 Industrial 3.78 7.56
Annex No. 13 (MERJ)
CUP 12-16 Industrial 9.42 18.84
Annex No. 14 (Desert's
Finest) CUP 10-14 Commercial 0.33 1.65
Annex No. 15 (Bunch
Palm Trl.) CUP 23-16 Industrial 2.13 4.26
Annex No. 16 (William
A. Conner) CUP 12-14 Commercial 1.25 6.25
Annex No. 17 (Kamran
Amirianfar) CUP 07-16 Industrial 1.26 2.52
Annex No. 18 (Kamran
Amirianfar) CUP 08-16 Industrial 1.26 2.52
Annex No. 19 (Snider
Investments, LLC)
CUP 02-15
Industrial 14.62 29.24
Annex No. 21 (Taco
Bell) CUP 24-16 Commercial 0.51 2.55
Annex No. 22 (Tim
Guderian) CUP 04-16 Industrial 2.52 5.04
Annex No. 23 (Luna
Ventures LLC) CUP
04-15
Commercial 18.25 91.25
Annex No. 24 (DHS
Manna LLC) CUP 15-
16 Commercial 1.81 9.05
Annex No. 25 (Desert
Grow) CUP 03-17 Industrial 1.26 2.52
Annex No. 26 (Oxford
Properties LLC) CUP
03-15
Commercial 37.43 187.15
Annex No. 27
(Coachillin) TPM
37518
Industrial 153.43 306.86
Annex No. 28 Industrial 1.12 2.24
Item Number: 17.

Page 702 of 778 ends

SR-22-155
Annexation Land Use Category Acreage Benefit Units
(Marapharm DHS
California, LLC) CUP
25-16
Annex No. 29
(BlackStar Industrial
Properties LLC)
TTM37257
Industrial 28.18 56.36
Annex No. 30 (Manlin2
LLC) CUP 14-16 Commercial 9.75 48.75
Annex No. 31 (Hot
Desert Springs LLC)
CUP 15-17
Industrial 9.77 19.54
Annex No. 32 (Benno
Pabst) CUP 21-14 Commercial 0.15 0.75
Annex No. 35
(Lenwood) CUP 05-16 Industrial 1.07 2.14
Annex No. 36
(Lenwood) CUP 06-16 Industrial 1.07 2.14
Annex No. 37 (Green
Acres) CUP 12-17 Industrial 16.06 32.12
Annex No. 39 (MSA8
LLC) CUP 14-14 Commercial 0.6 3
Annex No. 41 (Agua
Dulce 73 LLC) Tract
32421
Single Family
Residential 13.14 73
Annex No. 42 (DHS
Investment Holdings
LLC) TTM 37887
Industrial 3.14 6.28
Annex No. 43 (Adam
A. Regiaba) CUP 06-
19 Commercial 0.82 4.1
Annex No. 45
(NNNDG13 LLC) DP
20-5
Commercial 0.84 4.2
Pursuant to the Rate and Method of Apportionment, a copy of which is attached hereto, for each fiscal year following the fiscal year an assessor’s parcel is levied, the applicable Assigned Special Tax (as defined in the Rate and Method of Apportionment) shall increase by (i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino – Ontario since the beginning of the preceding fiscal year, or (ii) by 2.5%, whichever is greater on each subsequent July 1 for the fiscal year then commencing.

DISCUSSION:

Annually, the City Council determines the amount of the special tax for CFD 2010-1 that should be charged to cover expenses for the services as calculated by a mathematical formula established by Resolution No. 2010-037, adopted on July 6th, 2010. Resolution No. 2010-037 authorized and levied the special taxes within CFD 2010-1.

Item Number: 17.

Page 703 of 778 ends

SR-22-155
FISCAL IMPACT:

The 33 levied annexations included within Community Facilities District No. 2010-1 (Services) will generate a total of $734,050.06 in special taxes for Fiscal Year 2022-23. Expenses and reserve collections for the Services are estimated at approximately $734,050.06.

ATTACHMENTS:

Exhibit 1 - CFD 2010-1 Resolution Ordering Levy FY 22-23 Exhibit 2 - Preliminary Assessment Roll
Exhibit 3 - CFD 2010-1- Rates and Method of Apportionment Item Number: 17.

Page 704 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 1 of 6 ends

RESOLUTION NO. 2022-______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT

HOT SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,

ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES
WITHIN COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES), FOR FISCAL YEAR 2022-23
WHEREAS, the City Council of the City of Desert Hot Springs (“City”), California, previously initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all of which are authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being found at Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (“Act”). This community facilities district shall hereinafter be referred to as the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services) (the “Community Facilities District”); and WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy certain special taxes to pay for the costs of certain services (the “Special Taxes”); and
WHEREAS, Section 53340 of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by resolution, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year; and WHEREAS, the City Council of the City of Desert Hot Springs previously, as authorized by Section 53340 of the Act, authorized the levy of a special tax to pay for costs and expenses related to said Community Facilities District, and the City Council now desires to establish and levy the rate of the special tax to be collected for the Fiscal Year 2022-23 as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference.

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

Section 1. Recitals
That all of the above recitals are true and correct.

Section 2. Specific Rate and Amount of Special Tax for Fiscal Year 2022-23 Determined and Established
That the specific rate and amount of the Special Taxes to be collected to pay for the costs and expenses for the Fiscal Year 2022-23 for the referenced Community Facilities District is hereby determined and established as set forth in Exhibit "A” attached hereto and incorporated by reference.

Section 3. Specific Rate and Amount of Special Tax for Fiscal Year 2022-23 Does Not Exceed Authorized Amount
That the rates as set forth in Exhibit “A” do not exceed the amount previously authorized by the City Council and further do not exceed the amount previously approved by the qualified electors of the Community Facilities District.

Item Number: 17.

Page 705 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 2 of 6 ends

Section 4. Special Tax Used to Pay for Services
That the proceeds of the Special taxes shall be used to pay, in whole or in part, the costs of financing the following services and facilities:

Maintenance and lighting of parks, parkways, streets, roads and open space.

Section 5. Special Tax to be Collected by Riverside County That the Special Taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected by the County of Riverside on behalf of the City of Desert Hot Springs, and shall be subject to the same penalties, procedure, sale, and lien in case of any delinquency for ad valorem taxes or as otherwise provided for by the City Council.

That all revenue so collected either on the Riverside County tax roll or by any other method shall be paid into the City of Desert Hot Springs treasury and credited to a special fund, which shall only be used for the Community Facilities District in the manner specified above.

Section 6. Levy of Special Tax Authorized By City Council That the City Council hereby levies the Special Taxes for the Fiscal Year 2022-23 at the rates and with respect to the parcels as set forth in Exhibit “A” attached hereto. The City Manager or his designee is hereby authorized and directed to file with the Riverside County Auditor-Controller no later than August 10, 2022, in the format and media specified by Riverside County, subject only to permitted extension by the Riverside County Auditor-Controller, a certified list of all parcels subject to the Special Tax levy including the amount of the Special Taxes to be levied on each parcel of taxable property in the Community Facilities District and annexed areas, for Fiscal Year 2022-23.

Section 7. Officers and Agents of the City of Desert Hot Springs That the officers and agents of the City of Desert Hot Springs are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of the Special Taxes for Fiscal Year 2022-23 as provided in this Resolution. Further, that all actions heretofore taken by the officers and agents of the City of Desert Hot Springs with respect to the levy of the Special Taxes for Fiscal Year 2022-23 are hereby approved, confirmed and ratified.

Section 8. 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 9. Effective Date
That this Resolution shall become effective upon the adoption of this Resolution by the City Council.

Section 10. Repeal of Conflicting Resolutions
That the City Council hereby repeals any prior resolutions which may conflict with this Resolution or similar policies.

Item Number: 17.

Page 706 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 3 of 6 ends

Section 11. Certification
That the City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be processed in the manner required by law. [SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 17.

Page 707 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 4 of 6 ends

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this twenty-first day of June 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 17.

Page 708 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 5 of 6 ends

EXHIBIT A
City of Desert Hot Springs
CFD 2010-1 (Services)
Preliminary 2022-23 Special Tax
(behind this page)
Item Number: 17.

Page 709 of 778 ends

Resolution No. 2022-______
Date Adopted: June 21, 2022

Page 6 of 6 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

Dated: June 21, 2022
City Clerk of the City of Desert Hot Springs
[SEAL]
Item Number: 17.

Page 710 of 778 ends

PIN Levy Amount PIN Levy Amount
687202 - CFD 2010-1 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
642081008 $1,088.80
1 $1,088.80
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 711 of 778 ends

PIN Levy Amount PIN Levy Amount
687203 - CFD 2010-1 Zone 03 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
641251020 $831.86
1 $831.86
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 712 of 778 ends

PIN Levy Amount PIN Levy Amount
681568 - CFD 2010-1 Zone 04 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
663290017 $8,008.68
663290018 $3,983.26
663290019 $695.48
663290024 $358.28
663290025 $1,306.66
5 $14,352.36
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 713 of 778 ends

PIN Levy Amount PIN Levy Amount
681569 - CFD 2010-1 Zone 05 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
656020037 $12,546.72
1 $12,546.72
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 714 of 778 ends

PIN Levy Amount PIN Levy Amount
681567 - CFD 2010-1 Zone 06 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
642162017 $2,164.06
1 $2,164.06
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 715 of 778 ends

PIN Levy Amount PIN Levy Amount
680081 - CFD 2010-1 Zone 08 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030067 $2,812.66
1 $2,812.66
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 716 of 778 ends

PIN Levy Amount PIN Levy Amount
680082 - CFD 2010-1 Zone 09 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030062 $4,167.16
1 $4,167.16
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 717 of 778 ends

PIN Levy Amount PIN Levy Amount
680083 - CFD 2010-1 Zone 11 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030063 $27,793.90
1 $27,793.90
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 718 of 778 ends

PIN Levy Amount PIN Levy Amount
680084 - CFD 2010-1 Zone 13 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665081001 $2,937.30
665081002 $1,610.58
665081003 $1,548.40
665081004 $1,664.30
665081005 $1,604.32
665081006 $1,627.68
665081007 $1,552.68
665081008 $1,135.68
665081009 $1,162.12
665081010 $1,112.58
665081011 $1,100.38
665081012 $1,155.32
665081013 $1,097.04
665081014 $1,167.18
665081015 $1,085.94
665081016 $2,532.16
665081017 $2,448.38
665081018 $2,516.62
18 $29,058.66
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 719 of 778 ends

PIN Levy Amount PIN Levy Amount
680147 - CFD 2010-1 Zone 14 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
641101005 $3,609.34
641101006 $3,007.78
2 $6,617.12
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 720 of 778 ends

PIN Levy Amount PIN Levy Amount
680214 - CFD 2010-1 Zone 15 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030058 $19,564.48
1 $19,564.48
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 721 of 778 ends

PIN Levy Amount PIN Levy Amount
680215 - CFD 2010-1 Zone 16 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
660160035 $13,342.30
1 $13,342.30
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 722 of 778 ends

PIN Levy Amount PIN Levy Amount
680148 - CFD 2010-1 Zone 17 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030017 $4,404.92
1 $4,404.92
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 723 of 778 ends

PIN Levy Amount PIN Levy Amount
680149 - CFD 2010-1 Zone 18 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030049 $5,334.50
1 $5,334.50
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 724 of 778 ends

PIN Levy Amount PIN Levy Amount
680150 - CFD 2010-1 Zone 19 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
663270008 $31,458.66
663271001 $972.36
663271002 $589.12
663271003 $589.10
663271004 $589.10
663271005 $589.10
663271006 $589.10
663271007 $589.10
663271008 $589.10
663271009 $589.10
663271010 $589.10
663271011 $589.10
663271012 $580.42
663271014 $972.36
663271015 $589.12
663271016 $591.70
663271017 $591.70
663271018 $591.70
663271019 $590.26
663271020 $590.26
663271021 $590.26
663271022 $590.26
663271023 $590.26
663271024 $591.70
663271025 $589.10
663271027 $972.42
663271028 $597.82
663271029 $591.72
663271030 $591.72
663271031 $590.28
663271032 $590.28
663271033 $590.28
663271034 $590.28
663271035 $590.28
663271036 $590.28
663271037 $591.72
663271038 $580.46
37 $53,838.68
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 725 of 778 ends

PIN Levy Amount PIN Levy Amount
680151 - CFD 2010-1 Zone 21 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
641092049 $5,138.62
1 $5,138.62
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 726 of 778 ends

PIN Levy Amount PIN Levy Amount
680152 - CFD 2010-1 Zone 22 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030037 $11,222.56
1 $11,222.56
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 727 of 778 ends

PIN Levy Amount PIN Levy Amount
680153 - CFD 2010-1 Zone 23 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
663280025 $21,389.66
1 $21,389.66
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 728 of 778 ends

PIN Levy Amount PIN Levy Amount
680154 - CFD 2010-1 Zone 24 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030072 $11,446.42
1 $11,446.42
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 729 of 778 ends

PIN Levy Amount PIN Levy Amount
680147 - CFD 2010-1 Zone 26 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665110004 $95,279.08
1 $95,279.08
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 730 of 778 ends

PIN Levy Amount PIN Levy Amount
680155 - CFD 2010-1 Zone 27 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
666340008 $2,289.80
666340009 $3,004.46
666340012 $2,435.66
666340013 $3,121.14
666340014 $3,135.72
666340016 $4,958.82
666340017 $3,077.38
666340018 $3,077.38
666340019 $3,077.38
666340020 $4,842.14
666340021 $4,623.38
666340022 $3,879.56
666340023 $2,814.86
666340024 $2,814.86
666340025 $4,769.22
666340026 $2,654.42
666340027 $2,581.50
666340028 $2,581.50
666340029 $4,988.00
666340030 $2,771.10
666340031 $2,756.52
666340032 $10,340.62
666340033 $2,143.96
666340034 $3,106.56
666340035 $3,019.04
666340036 $4,798.40
666340037 $8,575.86
666340038 $4,988.00
666340039 $4,652.54
666340040 $11,157.38
666340041 $4,594.20
666340042 $11,011.52
666340043 $2,683.60
666340044 $2,771.10
666340045 $2,537.74
666340046 $5,979.76
666340047 $2,844.02
666340048 $2,829.44
666340049 $3,048.22
666340050 $6,563.16
666340051 $4,900.48
666340052 $6,796.52
666340053 $7,059.04
666340058 $1,823.10
666340060 $3,675.36
666340061 $2,654.42
46 $194,808.84
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 731 of 778 ends

PIN Levy Amount PIN Levy Amount
680156 - CFD 2010-1 Zone 29 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
666370034 $17,970.40
666370035 $9,627.60
666370036 $9,610.48
666370037 $11,066.60
4 $48,275.08
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 732 of 778 ends

PIN Levy Amount PIN Levy Amount
680157 - CFD 2010-1 Zone 30 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
663270012 $39,695.08
1 $39,695.08
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 733 of 778 ends

PIN Levy Amount PIN Levy Amount
680216 - CFD 2010-1 Zone 31 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
663280005 $26,382.36
1 $26,382.36
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 734 of 778 ends

PIN Levy Amount PIN Levy Amount
680217 - CFD 2010-1 Zone 32 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
639281001 $4,380.50
1 $4,380.50
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 735 of 778 ends

PIN Levy Amount PIN Levy Amount
680275 - CFD 2010-1 Zone 35 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030051 $7,503.24
1 $7,503.24
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 736 of 778 ends

PIN Levy Amount PIN Levy Amount
680276 - CFD 2010-1 Zone 36 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030052 $7,503.24
1 $7,503.24
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 737 of 778 ends

PIN Levy Amount PIN Levy Amount
680277 - CFD 2010-1 Zone 37 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665110006 $23,127.28
1 $23,127.28
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 738 of 778 ends

PIN Levy Amount PIN Levy Amount
680147 - CFD 2010-1 Zone 39 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
641041044 $900.00
641041045 $900.00
2 $1,800.00
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 739 of 778 ends

PIN Levy Amount PIN Levy Amount
680155 - CFD 2010-1 Zone 41 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
656470001 $210.68
656470002 $210.68
656470003 $210.68
656470004 $210.68
656470005 $210.68
656470006 $210.68
656470007 $210.68
656470008 $210.68
656470009 $210.68
656470010 $210.68
656470011 $210.68
656470012 $210.68
656470013 $210.68
656470014 $210.68
656470015 $210.68
656470016 $210.68
656470017 $210.68
656470018 $210.68
656470019 $210.68
656470020 $210.68
656470021 $210.68
656470022 $210.68
656470023 $210.68
656470024 $210.68
656470025 $210.68
656470026 $210.68
656470027 $210.68
656470028 $210.68
656470029 $210.68
656470030 $210.68
656470031 $210.68
656470032 $210.68
656470033 $210.68
656470034 $210.68
656470035 $210.68
656470036 $210.68
656470037 $210.68
656470038 $210.68
656470039 $210.68
656470040 $210.68
656470041 $210.68
656480001 $210.68
656480002 $210.68
656480003 $210.68
656480004 $210.68
656480005 $210.68
73 $15,379.64
City of Desert Hot Springs - CFD 2010-1
656480006 $210.68
656480007 $210.68
656480008 $210.68
656480009 $210.68
656480010 $210.68
656480014 $210.68
656480015 $210.68
656480016 $210.68
656480017 $210.68
656480018 $210.68
656480029 $210.68
656480030 $210.68
656480036 $210.68
656480037 $210.68
656480038 $210.68
656480039 $210.68
656490001 $210.68
656490002 $210.68
656490013 $210.68
656490014 $210.68
656490015 $210.68
656490016 $210.68
656490029 $210.68
656490030 $210.68
656490031 $210.68
656490032 $210.68
656490033 $210.68
Item Number: 17.

Page 740 of 778 ends

PIN Levy Amount PIN Levy Amount
680152 - CFD 2010-1 Zone 42 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
665030064 $7,037.42
1 $7,037.42
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 741 of 778 ends

PIN Levy Amount PIN Levy Amount
680156 - CFD 2010-1 Zone 43 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
664144005 $1,129.48
644151004 $2,133.48
644151005 $1,882.48
3 $5,145.44
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 742 of 778 ends

PIN Levy Amount PIN Levy Amount
681568 - CFD 2010-1 Zone 45 (Services)
CITY OF DESERT HOT SPRINGS CFD 2010-1
Fiscal Year 2022-23 Assessment Roll
639212019 $2,189.44
639212020 $1,946.18
639212021 $1,946.18
639212022 $1,946.18
639212023 $2,189.44
5 $10,217.42
City of Desert Hot Springs - CFD 2010-1 Item Number: 17.

Page 743 of 778 ends

City of Desert Hot Springs Page 1
Community Facilities District No. 2010-1 (Services)

RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2010-1 (SERVICES)

OF THE CITY OF DESERT HOT SPRINGS
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2010-1 (Services), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2010, in an amount determined by the City Council of the City of Desert Hot Springs, acting ex officio as the legislative body of CFD No. 2010-1, by applying the rates and method of apportionment set forth below. All of the real property in CFD No. 2010-1, unless exempted by law or by the provisions herein, shall be taxed for the purposes, to the extent and in the manner provided herein.

A. DEFINITIONS
“Acre or Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means any ordinary and necessary expenses allocable to the Special Tax Requirement which are incurred by the City on behalf of CFD No. 2010-1 related to the determination of the amount of the levy of Special Tax, the collection of Special Tax including the expenses of collecting delinquencies, the payment of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2010-1, and costs otherwise incurred in order to carry out the authorized purposes relating to CFD No. 2010-1.
“Administrator” means the City of Desert Hot Springs City Manager of the City, or his or her designee.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Assigned Special Tax” means the Special Tax for each Land Use Category of Taxable Property, as determined in accordance with Section C., below.

Item Number: 17.

Page 744 of 778 ends

City of Desert Hot Springs Page 2
Community Facilities District No. 2010-1 (Services)
“Benefit Unit” means a single family residential lot or dwelling unit or the equivalent.

Single Family Property is assigned benefit units based on the number of Residential Units per Assessor’s Parcel with the basis being one (1) benefit unit per Residential Unit. MultiFamily Residential Property is assigned 60 percent of one benefit unit, or six-tenths (0.6) benefit units, per Residential Unit. Commercial Property is assigned benefit units based on acreage with the basis being five (5) benefit units per acre. Hotel Property is assigned benefit units based on acreage with the basis being five (5) benefit units per acre. Industrial Property is assigned benefit units based on acreage with the basis being two (2) benefit units per acre.

Religious Property is assigned benefit units based on acreage with the basis being two (2) benefit units per acre.
“CFD” or “CFD No. 2010-1” means the City of Desert Hot Springs Community Facilities District No. 2010-1 (Services).
“City” has the meaning set forth in the preamble.
“Commercial Property” means, in any Fiscal Year, any Assessor’s Parcel for which a building permit or use permit has been issued for a commercial establishment which includes, but is not limited to, retail stores, clothing stores, book stores, video rental stores, drug stores, professional services (i.e., barber shops, dry cleaners), restaurants, supermarkets, hospitals, movie theaters, appliance and electronic stores, home supply stores, auto parts stores, and other businesses providing auto-related products and services. The Administrator shall make the determination if an Assessor’s Parcel is Commercial Property. “County” means the County of Riverside
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision
“Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Hotel Property” means, in any Fiscal Year, any Assessor’s Parcel for which a building permit or use permit has been issued for a structure that constitutes a place of lodging providing sleeping accommodations and related facilities for travelers. The Administrator shall make the determination if an Assessor’s Parcel is Hotel Property. “Industrial Property” means, in any Fiscal Year, any Assessor’s Parcel for which a building permit or use permit has been issued for construction of an industrial, manufacturing, or warehousing structure. The Administrator shall make the determination if an Assessor’s Parcel is Industrial Property.

Item Number: 17.

Page 745 of 778 ends

City of Desert Hot Springs Page 3
Community Facilities District No. 2010-1 (Services)
“Land Use Category” means any of the categories contained in Table 1 hereof to which a Parcel is assigned consistent with the land use approvals that have been received or proposed for the Parcel as of March 1 preceding the beginning of a Fiscal Year. “Maintenance Category” means any of the categories listed in Table 2 hereof to which an Assessor’s Parcel is assigned consistent with the rate per Benefit Unit for providing Services to said Assessor’s Parcel as determined by the Administrator. “Maximum Special Tax Rate(s)” means the Maximum Special Tax for each Land Use Category of Taxable Property, as determined in accordance with Section C., below. “Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units available for rental, but not purchase, by the general public and under common management. “Religious Property” means any Assessor’s Parcel used as a place of worship or for other religious activities. The Administrator shall make the determination if an Assessor’s Parcel is Religious Property.
“Residential Unit” means, for each Fiscal Year, a building or portion thereof on an Assessor’s Parcel intended for use by one (1) family and containing but one (1) kitchen, which is designed primarily for residential occupancy including single family and multifamily dwellings. Residential Unit shall not include hotels or motels which shall be classified as Hotel Property.
“Services” means those services authorized to be funded by CFD No. 2010-1 as set forth in the documents adopted by the City Council when the CFD was formed. “Single Family Residential Property” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public.
“Special Tax(es)” means the special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
"Special Tax Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2010-1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) Services, and (ii) Administrative Expenses. Under no circumstances shall the Special Tax Requirement include funds for Bonds.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2010-1, which are not Exempt Property.

Item Number: 17.

Page 746 of 778 ends

City of Desert Hot Springs Page 4
Community Facilities District No. 2010-1 (Services)
B. ASSIGNMENT TO LAND USE AND MAINTENANCE CATEGORY
The Special Tax shall be levied annually upon each Assessor’s Parcel of Taxable Property for each Fiscal Year according to the Land Use Category and Maintenance Category assigned. Each Fiscal Year the Administrator shall identify the current Assessor’s Parcel Number assigned to all Assessor’s Parcels of Taxable Property within CFD No. 2010-1 and determine which Land Use Category each Assessor’s Parcel should be assigned to according to Table 1 below. The Administrator shall further assign the appropriate Maintenance Category contained in Table 2 according to the estimated cost for providing Services to the Assessor’s Parcel.

TABLE 1
Land Use Category
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Land Use
Category Description Benefit Unit(s)
A Single Family Residential Property One (1) / Residential Unit B Multi-Family Residential Property Six tenths (0.6) / Residential Unit C Commercial Property Five (5) / Acre
D Hotel Property Five (5) / Acre
E Industrial Property Two (2) / Acre
F Religious Property Two (2) / Acre
No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2010-1, is an Exempt Property.

Item Number: 17.

Page 747 of 778 ends

City of Desert Hot Springs Page 5
Community Facilities District No. 2010-1 (Services)
C. MAXIMUM SPECIAL TAX RATES
The Maximum Special Tax for each Assessor’s Parcel of Taxable Property assigned to each Maintenance Category shall be the greater of: (i) the applicable Assigned Special Tax described in Table 2 for such Maintenance Category or (ii) the amount derived by application of the Backup Special Tax.
a. Assigned Special Tax
The Assigned Special Tax for each Assessor’s Parcel of Taxable Property is shown in Table 2 is fixed and does not increase each Fiscal Year. For each Fiscal Year following the first Fiscal Year an Assessor’s Parcel is levied the applicable Assigned Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two and one half percent (2.50%), whichever is greater on each subsequent July 1 for the Fiscal Year then commencing.
b. Backup Special Tax
The Backup Special Tax shall equal the Assigned Special Tax that is applicable to an Assessor’s Parcel as determined for the current Fiscal Year the tax is calculated.

Notwithstanding the foregoing, if Assessor’s Parcels classified or to be classified as Taxable Property is subsequently changed or modified by recordation of a lot line adjustment or similar instrument, then the Backup Special Tax shall be recalculated for the area that has been changed or modified.

When a Final Map is recorded, the Backup Special Tax for an Assessor’s Parcel classified or to be classified as Commercial Property, Industrial Property, or Religious Property within such Final Map shall be determined by multiplying the Assigned Special Tax rate per Benefit Unit by the Proposed Benefit Units or Acreage of Commercial Property, Industrial Property, or Religious Property described in Table 4 of Section G., in such Final Map and dividing such amount by the number of Taxable Acres classified or to be classified as Commercial Property, Industrial Property, or Religious Property (i.e., the number of acres) within such Final Map.

When a Final Map is recorded, the Backup Special Tax for an Assessor’s Parcel classified or to be classified as Single Family Residential Property or Multi-Family Residential Property within such Final Map shall be determined by multiplying the Assigned Special Tax rate per Benefit Unit by the Proposed Benefit Units of Single Family Residential Property or MultiFamily Residential Property described in Table 4 of Section G., in such Final Map and dividing such amount by the number of Assessor’s Parcels classified or to be classified as Single Family Residential Property or Multi-Family Residential Property (i.e., the number of single family residential lots) within such Final Map.

For each Fiscal Year following Fiscal Year 2010-2011 the Backup Special Tax shall increase by the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or by two and one half percent (2.50%), whichever is greater.

Item Number: 17.

Page 748 of 778 ends

City of Desert Hot Springs Page 6
Community Facilities District No. 2010-1 (Services)
TABLE 2
Assigned Special Tax Rates
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Maintenance
Category
Assigned Special Tax
Rate Per Benefit Unit
1 $20.00
2 $30.00
3 $40.00
4 $50.00
5 $60.00
6 $70.00
7 $80.00
8 $90.00
9 $100.00
10 $150.00
11 $200.00
12 $250.00
13 $300.00
14 $350.00
15 $400.00
16 $450.00
17 $500.00
18 $550.00
19 $600.00
20 $650.00
21 $700.00
22 $750.00
23 $800.00
24 $850.00
25 $900.00
26 $950.00
27 $1,000.00
28 $1,250.00
29 $1,500.00
30 $2,000.00
31 $2,500.00
32 $3,000.00
33 $3,500.00
34 $4,000.00
35 $4,500.00
36 $5,000.00
Item Number: 17.

Page 749 of 778 ends

City of Desert Hot Springs Page 7
Community Facilities District No. 2010-1 (Services)
TABLE 3
Assignment to Land Use Category
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Assessor Parcel No. Land Use Category Maintenance Category 642-081-006 B 15
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
For each Fiscal Year, the City shall determine the total amount of the Special Tax Requirement to be levied and collected to pay the costs of providing the Services during the Fiscal Year and shall levy the Special Tax as determined by the actual cost of providing services as shown in Exhibit A on all Assessor’s Parcels in all Land Use Categories and Maintenance Categories at the rates necessary to fully fund such costs; provided that such rates shall not exceed the Maximum Special Tax Rates for the Fiscal Year. In levying the Special Tax to fund the costs of providing the Services in each Fiscal Year, the City shall (a) determine the cost of providing the Services and the amount of the Special Tax per Benefit Unit to be levied on Assessor’s Parcels in each Maintenance Category to provide such Services; (b) levy the Special Tax on all Assessor’s Parcels in each Maintenance Category, as then applicable, based on the Benefit Units assigned to such Assessor’s Parcels depending on the Land Use Categories to which they are assigned. The amount of the Special Tax to be levied on any Assessor’s Parcel in any Fiscal Year shall be the total of the rates of Special Tax determined pursuant to clauses (a) and (b) above, to the extent that such clauses are applicable to the Assessor’s Parcel, based on the Land Use Category and Maintenance Category to which the Assessor’s Parcel is assigned and the Services which must be funded from the total amount of the Special Tax per Benefit Unit to be levied on all Assessor’s Parcels in the same Maintenance Category to fund the costs of such Services.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2010-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed will be assigned to the appropriate Maintenance Category and the appropriate Assigned Tax rate contained in Table 2.

F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Tax shall be levied in perpetuity as long as the Services are being provided.

Item Number: 17.

Page 750 of 778 ends

City of Desert Hot Springs Page 8
Community Facilities District No. 2010-1 (Services)
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2010-1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.

Notwithstanding the foregoing, the classification of Exempt Property shall not reduce the Benefit Units or Acreage to less than the amount shown in Table 4 below.

TABLE 4
Proposed Benefit Units and Acreage
Community Facilities District No. 2010-1 (Services)
City of Desert Hot Springs, California
Assessor Parcel No. Benefit Units Acreage
642-081-006 36 4.43
H. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2010-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2010-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

Item Number: 17.

Page 751 of 778 ends

Page 752 of 778 ends

SR-22-164
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of "An Ordinance of the City Council of the City of Desert Hot Springs, California, 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." 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 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." DISCUSSION:

The ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on June 7, 2022.

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

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from June 7, 2022
Exhibit 2 - Ordinance
Item Number: 18.

Page 753 of 778 ends

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 (R-L), 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 bounded by Yucca Item Number: 18.

Page 754 of 778 ends

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:

Exhibit 1 - Zoning Map
Item Number: 18.

Page 755 of 778 ends

SR-22-132
Exhibit 2 - Letter From MIG
Exhibit 3 - Resolution
Exhibit 4 - Ordinance
Item Number: 18.

Page 756 of 778 ends

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: 18.

Page 757 of 778 ends

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: 18.

Page 758 of 778 ends

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: 18.

Page 759 of 778 ends

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: 18.

Page 760 of 778 ends

SR-22-163
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: June 21, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance 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
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 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 ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on June 7, 2022.

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

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Staff Report from June 7, 2022
Exhibit 2 - Ordinance
Item Number: 19.

Page 761 of 778 ends

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: 19.

Page 762 of 778 ends

Desert Hot Springs City CouncilJune 21, 2022

Desert Hot Springs City Council
June 21, 2022