City of Desert Hot Springs
ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, September 20, 2022
Council Chambers
CLOSED SESSION - 4:30 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 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 Items.
CLOSED SESSION:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8:
Property: APN 639-093-030
Agency Negotiator: Luke Rainey, City Manager
Daniel Porras, Assistant City Manager
Jennifer Mizrahi, City Attorney
Lynn Coker, Broker
Negotiating Parties: Young Ae Woo and the City of Desert Hot Springs Under Negotiation: Price and Terms
2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One Potential Case
City Council
September 20, 2022
PRESENTATIONS - 5:00 P.M.
The Presentation Period commenced at 5:33 P.M.
Certificates of Recognition Presented to Kihon MMA
Mayor Matas and the City Council presented Certificates of Recognition to Madeline Meza, Andrea Frisque, Allison Enos, and Citilali Perez, for their outstanding achievements at the 2022 Youth Mixed Martial Arts World Championships in Abu Dhabi, United Arab Emirates.
Service Recognition for Detective Eddie Cole
Recognition was presented to Detective Eddie Cole for his service to the Desert Hot Springs Police Department and the City of Desert Hot Springs.
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:20 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
INVOCATION
Council Member Pye gave the Invocation.
PLEDGE OF ALLEGIANCE
Council Member Nuñez led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
APPROVAL OF AGENDA
ACTION: Approve the September 20, 2022 Regular Meeting Agenda and approve the Consent Calendar in its entirety.
City Council
September 20, 2022
Moved by Council Member Betts
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
PUBLIC COMMENTS
1) Tom Moen spoke regarding tranquility park
2) Michael Duff expressed concerns regarding enforcement of the new short-term vacation rental regulations.
3) Eddie Johnson commended the Public Works Department. 4) Ronald Reed expressed concerns regarding parking near Mesquite Avenue and Ironwood Drive.
CITY MANAGER REPORT
Nicholas Haecker, Public Works Director, provided updates regarding various projects.
Roberta Crncic, Recreation and Community Services Director, provided updates and announcements regarding Desert Hot Springs Health and Wellness Center programs and services.
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
MAYOR AND COUNCIL MEMBER REPORTS
Council Member Pye reported on the various meetings and events she attended.
Council Member Nuñez reported on the various meetings and events he attended.
Mayor Pro Tem Gardner reported on the various meetings and events he attended.
Council Member Betts reported on the various meetings and events he attended.
Mayor Matas reported on the various meetings and events he attended.
ADMINISTRATIVE CALENDAR:
3. Reimbursement Agreement with Palm Springs Unified School District for School Resource Officer (SRO) Services at Desert Hot Springs High School
City Council
September 20, 2022
Recommendation:
Authorize the City Manager to execute a two-year Reimbursement Agreement with the Palm Springs Unified School District for the City to provide a School Resource Officer in an amount not to exceed $251,438.33, with any substantive changes, except for price, to be negotiated by the City Manager.
Staff Report - SR-22-200 - Pdf
Steven Shaw, Deputy Police Chief, 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
4. An Ordinance Amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code
Recommendation:
Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code." Staff Report - SR-22-211 - Pdf
Erick Becerril, Community Development Director, presented the staff report.
Margaret Reed expressed concerns.
ACTION: Approve Staff recommendation.
Moved by Council Member Nuñez
Seconded by Council Member Pye
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
5. Conflict of Interest Code Biennial Review and Update Recommendation:
Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, amending the City's Conflict of Interest Code.
Staff Report - SR-22-210 - Pdf
Jerryl Soriano, City Clerk, presented the staff report and responded to questions.
City Council
September 20, 2022
ACTION: Approve Staff Recommendation and adopt Resolution No. 2022-041.
Moved by Council Member Betts
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
6. Fiscal Year 2022-2023 Appropriations (Gann) Limit
Recommendation:
Adopt a Resolution of the City Council for the Fiscal Year 2022-2023 Appropriations Limit as required by Article XIIIB of the California State Constitution.
Staff Report - SR-22-213 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report.
ACTION: Approve Staff recommendation and adopt Resolution No. 2022-042.
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:
8. City Council Regular Meeting Minutes: September 6, 2022 Recommendation:
Approve the Minutes as presented; or as corrected.
Staff Report - SR-22-212 - Pdf
ACTION: Approved the Minutes as presented.
PUBLIC COMMENTS
None.
ADJOURN
Mayor Matas adjourned the meeting at 7:37 P.M.
Jerryl Soriano, CMC, City Clerk
SR-22-200
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 20, 2022
Department: Police Department
Prepared by: Jim Henson, Police Chief
Subject: Reimbursement Agreement with Palm Springs Unified School District for School Resource Officer (SRO) Services at Desert Hot Springs High School RECOMMENDATION:
Authorize the City Manager to execute a two-year Reimbursement Agreement with the Palm Springs Unified School District for the City to provide a School Resource Officer in an amount not to exceed $251,438.33, with any substantive changes, except for price, to be negotiated by the City Manager.
BACKGROUND:
The City of Desert Hot Springs and the Palm Springs Unified School District (PSUSD) have enjoyed a close working relationship. As part of that relationship, the School Resource Officer program has provided benefits to both the district and the city. The School Resource Officer assists campus security with ensuring the safety of the students. The School Resource Officer also is available to attend special school events / functions as needed.
DISCUSSION:
Annually, the City and PSUSD enter into an agreement for the School Resource Officer (SRO) services at Desert Hot Springs High School. This agreement requires the City to provide an SRO from the Desert Hot Springs Police Department. The term of this agreement is for two years, from the date of agreement to June 07, 2024 (unless sooner terminated as provided in Section 16 of the Service Agreement). In exchange for the services, the PSUSD agrees to reimburse the City for the salary and benefits of the police officer assigned to perform the services.
FISCAL IMPACT:
Estimated revenues were programmed from the Palm Springs Unified School District in the FY 22/23 and 23/24 Annual Operating Budget to cover the cost of one police officer at Desert Hot Springs High School for approximately ten months each year.
ATTACHMENTS:
Exhibit 1 - PSUSD SRO Contract
SR-22-211
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 20, 2022
Department: Community Development
Prepared by: Erick Becerril, Community Development Director Subject: An Ordinance Amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code
RECOMMENDATION:
Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Section 8.28.030 of Chapter 8.28 "Fireworks" of the Desert Hot Springs Municipal Code."
BACKGROUND:
The City of Desert Hot Springs Staff processes applications to operate legal fireworks stands within the City limits. Each year Staff reviews the issuance of fireworks stand permits and issues the approved amount, set forth and approved by City Council.
DISCUSSION:
Over the last few years, Staff has been receiving five (5) applications for fireworks stands, which have been approved by the City Council. Currently, Chapter 8.28 of the Desert Hot Springs Municipal Code allows for the issuance of four (4) fireworks stands.
To accomodate the previously approved applications, while allowing for a potential additional non-profit organization to participate, Staff is proposing to amend Title 8 of the DHSMC by to allow for up to six (6) fireworks stands. Also, Staff is proposing to assign the City Manager or designee to review fireworks stand applications.
FISCAL IMPACT:
None.
ENVIRONMENTAL ANALYSIS:
The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment.
ATTACHMENTS:
Exhibit 1 - Draft Fireworks Ordinance
SR-22-211
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DESERT HOT SPRINGS, CALIFORNIA, AMENDING SECTION
8.28.030 OF CHAPTER 8.28 “FIREWORKS” OF THE CITY OF
DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs Municipal Code (“DHSMC”) states that “safe and sane” fireworks, as defined by Section 12529 of the California Health and Safety Code, may be sold and discharged within the City of Desert Hot Springs (“City”) pursuant to the provisions of Chapter 8.28 of the DHSMC; and WHEREAS, DHSMC Section 8.28.030 currently sets forth the procedures to obtain a permit to sell safe and sane fireworks; and
WHEREAS, this Ordinance clarifies those procedures allowing the City Manager, or his/her designee, to review the process; and
WHEREAS, the City Council finds that the passage of this Ordinance is in the best interest of the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS AS FOLLOWS:
Section 1. RECITALS
The above recitals are true and correct and are incorporated herein by this reference.
Section 2. AMENDMENT OF SECTION 8.28.030 of CHAPTER
8.28 “FIREWORKS”
Section 8.28.030 shall be amended to read as follows:
8.28.030 Permits required to sell safe and sane fireworks.
No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received the following permits:
A. Permits Required.
1. Fireworks Program Permit. No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received a fireworks program permit issued by the City’s Fire Department.
2. Fireworks Safety Permit. No person shall offer for sale or sell at retail any safe and sane fireworks in the City without having first applied for and received a fireworks safety permit issued by the City’s Fire Department.
3. No permit shall be issued to any organization not qualified under the provisions of this chapter.
B. Permit Fees.
1. The cost of the fireworks program permit fee shall be established by resolution of the City Council and shall be no less than $500 per permit. Proceeds of said fee shall be used to defray the City’s inspection, enforcement, public education and clean up costs for the fireworks program.
2. The cost of the fireworks safety permit fee shall be no less than $100, as established by resolution of the City Council. Proceeds of said fee shall be used to defray the City’s costs for compliance with applicable laws and regulations pertaining to the sale and storage of fireworks.
3. In the case of a joint venture, as permitted under Section 8.28.040(E), only one fireworks program permit and/or one fireworks safety permit fee shall be required to be paid.
C. Zoning Restrictions. Each fireworks stand must be on private property located in a commercial or industrial zone and may include vacant lots or otherwise unimproved real property.
D. Permit Application Process.
1. An application for a fireworks program permit and an application for a fireworks safety permit (collectively, “fireworks permits”) shall be submitted together, on forms provided by the City’s Fire Department.
2. Applications for fireworks permits shall include a detailed and specific description of the operation of and the location of the proposed site for a fireworks stand and shall identify whether the proposed site is to be located on improved or unimproved private property. The Fire Marshal or designee shall have the sole discretion to approve the proposed site for a fireworks stand in accordance with applicable safety requirements and the requirements for a fireworks stand set forth in this chapter. The Fire Marshal or designee shall have the sole discretion to impose mitigation measures
on an applicant based on site access, dust control, or any other fire or life safety considerations.
3. Applicants for fireworks permits that propose a site for a fireworks stand on unimproved private property shall comply with Desert Hot Springs Municipal Code Chapter 15.84, titled “Control of (PM10) Fugitive Dust Emissions” and any other applicable City regulations, by submitting to the City a PM10 plan for fugitive dust mitigation measures and by submitting to the City the applicable administrative review fees for said plan.
Applicants for fireworks permits shall submit a City-approved PM10 plan for fugitive dust mitigation measures to the City’s Fire Department, together with the application for fireworks permits.
4. Applications for fireworks permits shall be accompanied by the following:
a. A nonrefundable application fee of $100 which shall be used to defray the administrative costs of processing the permit application; b. A City-approved PM10 plan for fugitive dust mitigation measures if the proposed site for a fireworks stand is to be located on unimproved private property; c. Payment, in full, of the fireworks program permit fee and the fireworks safety permit fee;
d. Written permission of the owner of record and lessee, if applicable, where the stand is to be located which provides the owner’s and lessee’s consent to the construction and operation of a fireworks stand at said location; e. Written assurance that, if the fireworks permits are issued to applicant, applicant shall, at the time of receipt of the permits, deliver to the City’s Fire Department, $1,000,000 public liability and $1,000,000 property damage insurance certificates designating the City as an additional insured there under, and a certified copy of the requisite license from the State Fire Marshal; f. Bylaws and other written evidence of the organization’s tax exempt status; and
g. A cash deposit, certificate of deposit or a surety bond made payable to the City in the amount of $150 to assure compliance with the provisions of this chapter.
Such deposit, certificate, or bond shall be refundable immediately to those applicants who are denied issuance of fireworks permits. Deposits, certificates, or bonds shall be refunded to applicants who are issued fireworks permits upon compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of
the stand and the cleaning up of the site. In the event the permitted applicant/organization does not so comply or remove the stand or clean up the site to the Fire Marshal’s or designee’s reasonable satisfaction, the City may remove the stand and/or clean the site, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the permitted applicant/organization and its surety and the deposit, certificate or bond.
5. Applications for fireworks permits must be submitted between the 30th day of March and the sixth day of April of each year, except that for the year 2009, applications must be submitted no later than June 10, 2009.
6. Applications for fireworks permits shall be reviewed for compliance with this chapter by a committee consisting of one representative from the Fire Department, one representative from the City’s Finance Department and one representative from the City Manager’s Office (“Fireworks Committee”) the City Manager, or his/her designee. All applications for the fireworks permits approved by the Fireworks Committee City Manager, or his/her designee, shall be forwarded to the City Council for consideration and approval by resolution, together with the Fireworks Committee City Manager, or his/her designee, report of its findings and recommendations.
7. Each calendar year, the City Council may issue up to SIX (6) fireworks permits.
8. Notice of Grant or Denial. Applicants for fireworks permits shall be notified of the acceptance or rejection of the applications for said permits by the City’s Fireworks Committee City Manager, or his/her designee within ten days of the City Council’s decision on the applications, but no later than the second regular City Council meeting scheduled in the month of May.
9. Refund of Fees. Any applicant whose application was rejected by the City shall be entitled to a full refund of the fireworks program permit and the fireworks safety permit fees.
10. Unclaimed Permits. In the event that any fireworks permits issued by the City Council go unclaimed, the Fireworks Chief City Manager, or his/her designee may randomly select from the pool of the applications for fireworks permits that were submitted to but not approved by the City Council and may issue fireworks permits to the randomly selected organization(s) specified in subsection (D)(7) of this section.
E. Firework permits are not transferable.
F. Only one set of fireworks permits shall be issued per organization IRS identification number, even in the case of a joint venture as permitted by
Section 8.28.040(E). The organization providing the IRS identification number shall be primarily responsible to the City for any breach of law or act of negligence. The other organization in the joint venture is not, because of this provision, relieved of any liability to the City.
G. The cash deposit, certificate of deposit or surety bond made payable to the City in the amount of $150 shall be refunded to the permittee pursuant to subsection (D)(4)(g) of this section. (Prior code § 101.03)
Section 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 4. REPEAL OF CONFLICTING PROVISIONS
All the provisions of the Municipal Code as heretofore adopted by the City of Desert Hot Springs that are in conflict with the provisions of this ordinance are hereby repealed.
Section 5. AMENDING OF BAIL SCHEDULE
The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its second reading.
Section 7. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published according to law.
[END OF PAGE]
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the ___ day of ________, 2022 by the following vote:
Ayes:
Noes:
Abstain:
Absent:
_______________________________
Scott Matas, Mayor
ATTEST:
____________________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
____________________________________
Jennifer Mizrahi, City Attorney
https://streamkim.sharepoint.com/sites/ZDrive/Shared Documents/data/004 DHS/DHSO/0001-01 General/Doc/5096-DHSOFireworks Ordinance (06.16.16) ENTIRE CHAPTER - Copy.docx
SR-22-210
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 20, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Conflict of Interest Code Biennial Review and Update RECOMMENDATION:
Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, amending the City's Conflict of Interest Code.
BACKGROUND:
The purpose of the Political Reform Act (Government Code Sections 81000 et seq.) is to prevent conflicts of interest through disclosure and disqualification. To facilitate this purpose, the Political Reform Act (the “Act”) requires that certain public officials and employees disclose their personal financial interests: 1) upon assuming office, 2) annually while serving in office, and 3) again upon leaving office. Disclosure is made on a form called a "Statement of Economic Interests" (FPPC Form 700). Filed forms are public documents that must be made available to anyone who requests them.
The City Clerk is the designated Filing Official for the City.
The following positions are required to file a Form 700 pursuant to Government Code § 87200, and are not governed by the City’s Conflict of Interest Code. The positions are listed below for informational purposes only.
• Mayor and City Council
• Planning Commissioners
• City Manager
• City Treasurer
• City Attorney
• Consultants employed by the City to manage public investments In addition to the above-referenced positions, the Act mandates that local agencies adopt a Conflict of Interest Code that designates certain officials and employees who are also required to file Form 700s because they could foreseeably make or participate in making governmental decisions that could affect their personal financial interests. The Act requires that Conflict of Interest Codes establish disclosure categories for each designated position that tailors the disclosure requirements for each position to the types of governmental decisions a person holding that position could make.
SR-22-210
DISCUSSION:
The Act requires all local government agencies to review their Conflict of Interest Code biennially, in even years, to determine if updates are needed. Accordingly, the City has reviewed the City’s existing Conflict of Interest Code and has prepared an updated Conflict of Interest Code as set forth in the attached resolution (Exhibit 1). The resolution reflects the following positions that are required to file a Form 700.
FISCAL IMPACT:
None.
ATTACHMENTS:
Exhibit 1 - Conflict of Interest Code Update Resolution
RESOLUTION NO. 2022-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS AMENDING THE CITY’S CONFLICT OF INTEREST
CODE
WHEREAS, the Political Reform Act of 1974 (Government Code sections 81000 et seq., the “Act”) and regulations promulgated thereunder require the City adopt a conflict of interest code and update the same on a biennial basis; and WHEREAS, the Fair Political Practices Commission (“FPPC”) has adopted a regulation (Section 18730 of Title 2 of the California Code of Regulations) containing a standardized conflict of interest code (“Model Code”) which, if adopted by the City and incorporated by reference along with a designation of employees required to disclose interests (Appendix “A”) and disclosure categories (Appendix “B”), will constitute the conflict of interest code required by the Act; and
WHEREAS, the City Council desires to reaffirm its adoption of the Model Code by reference; and
WHEREAS, the City Council desires to make changes to Appendix “A” to reflect changed circumstances, such as the creation or abolition of positions and the reassignment of duties; and
WHEREAS, the City Council desires to reaffirm the disclosure categories set forth at Appendix “B”.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:
Section 1. RECITALS
That the recitals set forth above are true and correct.
Section 2. CODE ADOPTION
That the terms of the Model Code set forth in Regulation 18730 of Title 2 of the California Code of Regulations and any amendments to it duly adopted by the FPPC, together with attached Appendix “A” in which officials and employees are designated as filers and attached Appendix “B” in which disclosure categories are described, are hereby incorporated by this reference and shall together constitute the Conflict of Interest Code for the City of Desert Hot Springs (“Conflict of Interest Code”).
Section 3. FILING OFFICER
That the City Clerk is designated as the Filing Official for the City of Desert Hot Springs and shall perform the duties of Filing Official.
Section 4. REQUIRED FILERS
That the positions designated in this section are required to file Statements of Economic Interest pursuant to Government Code Section 87200, and are not governed by the Conflict of Interest Code. The positions are listed herein for informational purposes only:
(a) Mayor
(b) City Council
(c) Planning Commissioners
(d) City Manager
(e) City Treasurer
(f) City Attorney
(g) Consultants employed by the City to manage public investments Section 5. DESIGNATED FILERS
That “Appendix A” identifies each designated position required to file a Statement of Economic Interest (FPPC Form 700) because the position is charged with making or participating in governmental decisions. Persons employed in the designated positions (“Designated Filers”) shall file the original of their FPPC Form 700 with the Filing Officer, who shall retain the originals.
Section 6. RESCINDED AND SUPERSEDED PROVISIONS
That all previously adopted conflict of interest provisions and appendices relating to the contents of the Conflict of Interest Code are hereby rescinded and superseded.
Section 7. SEVERABILITY
That the City Council declares 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 8. EFFECTIVE DATE
That this Resolution shall take effect upon its adoption.
Section 9. 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.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 20th day of September, 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_______________________________ _____________________________ Jerryl Soriano, CMC, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
_______________________________
Jennifer Mizrahi, City Attorney
APPENDIX “A”
Designated Filers
Position Disclosure
Category Department
1 Administrative Services Director A Administrative Services 2 Assistant City Attorney A City Attorney
3 Assistant City Manager A City Manager
4 Associate Engineer A Public Works
5 Building Official A Community Development
6 City Clerk A City Clerk
7 City Engineer A Public Works
8 Communications Manager A Police
9 Community Development Director A Community Development 10 Compliance Manager A Code & Cannabis Compliance
11 Consultants* A N/A
12 Deputy City Attorney A City Attorney
13 Deputy City Manager A City Manager
14 Deputy Police Chief A Police
15 Finance Manager A Administrative Services
16 Human Resources Manager A Administrative Services
17 Information Technology Manager A Administrative Services 18 Management Analyst A Various
19 Members of the Public Safety Commission A N/A
20 Police Chief A Police
21 Police Commander A Police
22 Principal Planner A Community Development
23 Public Works Director A Public Works
24 Recreation & Community Services Director A Recreation & Community Services 25 Support Services Manager A Police
*Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this Conflict of Interest Code. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and locations as this Conflict of Interest Code.
Disclosure Category A: Full disclosure is required for all Designated Filers. Full disclosure includes all interest in real property located within the City of Desert Hot Springs, as well as investments, business positions and sources of income, including gifts, loans and travel payments. Designated Filers shall complete all schedules on the FPPC Form 700.
APPENDIX “B”
Disclosure Categories
Full disclosure is required for all Designated Filers. Full disclosure includes all interest in real property located within the City of Desert Hot Springs, as well as investments, business positions and sources of income, including gifts, loans and travel payments.
Designated Filers shall complete all schedules on the FPPC Form 700.
SR-22-213
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 20, 2022
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Fiscal Year 2022-2023 Appropriations (Gann) Limit RECOMMENDATION:
Adopt a Resolution of the City Council for the Fiscal Year 2022-2023 Appropriations Limit as required by Article XIIIB of the California State Constitution.
DISCUSSION:
In California, the Gann Spending Limitation Initiative (Proposition 4) was approved by voters in 1979.
This Proposition set Appropriations Limits for state and local governments in California and established procedures for determining those limits annually. Each government entity is required to set its Appropriations Limit each fiscal year with 1978-1979 as the base year. Each subsequent year is modified by using a combination of population change and cost of living adjustment (CPI). The Fiscal Year 2022-2023 Appropriations Limit is $40,289,946.
FISCAL IMPACT:
None
ATTACHMENTS:
Exhibit 1 - Resolution for Gann Limit for FY22-23
Exhibit 1A - 2022-2023 Appropriations (GANN) Limit
RESOLUTION NO. 2022-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, ESTABLISHING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-2023
WHEREAS, on November 6, 1979 California voters passed Proposition 4, the Gann Spending Limitation Initiative, thereby enacting Article XIIIB of the California Constitution, and providing the basis for the California legislature to adopt California Government Code §7900 et. seq.; and,
WHEREAS, California Government Code §7910 requires the governing body of each city, at a regularly scheduled meeting or noticed special meeting, to establish by resolution its appropriations limit for the following fiscal year; and WHEREAS, the operating budget for fiscal year 2022-23 contains the estimates of the services, activities, projects, expenditure requirements, and resources available to the City, and is made available for public inspection in the Office of the City Clerk; and, WHEREAS, the City’s Administrative Services Department has prepared calculations and documentation required for, and to be used in, the determination of certain matters including the establishment of an appropriations limit for the City’s fiscal year 2022-23 (“Data and Documentation”); and,
WHEREAS, the City Council has considered the Data and Documentation a regularly scheduled meeting of the City Council and made such determinations as may be required by law; and,
WHEREAS, the appropriations limit for the City for fiscal year 2022-23 has been calculated by staff, based on the change factor allowed by Proposition 111 and other applicable law, to be $40,289,946, and the total annual appropriations subject to such limitation for fiscal year 2022-23 has been calculated to be $23,613,378.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES HEREBY RESOLVES, DECLARES, DETERMINES, AND ORDERS AS FOLLOWS:
Section 1. Recitals
That the recitals set forth above are true and correct.
Section 2. Establishment of Fiscal Year 2022-2023 Appropriations Limit A. That $40,289,946 is hereby established as the appropriations limit for the City of Desert Hot Springs for Fiscal year 2022-23.
B. That the findings and methods of calculation setting forth the proceeds of tax calculation and setting forth the appropriations limit calculation, both in Exhibit A, are hereby adopted.
C. That the City reserves the right to revise the factors associated with the calculation of the appropriations limit if such changes or revisions would result in a more advantageous appropriations limit in the future.
Section 3. Severability
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 4. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by the City Council that are in conflict with the provisions of this Resolution are hereby repealed.
Section 5. Effective Date
That this Resolution shall take effect 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. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
PASSED, APPROVED AND ADOPTED by the City Council of the City of Desert Hot Springs on this ____ day of ____, 2022 by the following vote:
AYES:
NAYS:
ABSENT:
ATTEST: APPROVED:
Jerryl Soriano, Deputy City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
CITY OF DESERT HOT SPRINGS
APPROPRIATIONS (GANN) LIMIT
PROCEEDS OF TAX CALCULATION
FISCAL YEAR 2022-2023
BUDGETED BUDGETED
PROCEEDS NON-PROCEEDS TOTAL
REVENUE SOURCE OF TAX OF TAX REVENUE
TAXES
Property (1) 4,117,505 $ 4,117,505 $
Sales (2) 11,426,945 $ 11,426,945 $
Recycling Franchise Fees (3) 163,200 $ 163,200 $
Motor Vehicle In-Lieu (4) 2,910,871 $ 2,910,871 $
Business Gross Receipts (5) 180,000 $ 180,000 $
Utility Users (6) 2,567,174 $ 2,567,174 $
Other Taxes (7) 2,210,000 $ 2,210,000 $
FEES
Development Fees (A) 2,541,000 $ 2,541,000 $
Franchise (B) 1,851,284 $ 1,851,284 $
Other Fees, Permits & Licenses (C) 113,000 $ 113,000 $
Fines & Forfeitures (D) 328,000 $ 328,000 $
Administrative Charges (E) 425,000 $ 425,000 $
Intergovernmental (F) 1,969,984 $ 1,969,984 $
Miscellaneous (G) 477,607 $ 477,607 $
Total $ 23,575,695 $ 7,705,875 $ 31,281,570
% of Total 75.37% 24.63% 100.00%
Allocation of Interest (I) $ 37,683 $ 12,317 $ 50,000
Adjusted Total $ 23,613,378 $ 7,718,192 $ 31,331,570
PAGE 1
APPROPRIATIONS SUBJECT TO THE LIMIT
FY 2022-2023 Total Revenue $ 31,331,570
Less Non-Proceeds of Tax 7,718,192 $
A) Total Appropriations Subject to the Limit 23,613,378 $
APPROPRIATIONS LIMIT
B) FY 2021-2022 Appropriations Limit $ 37,433,751
C) Change Factor % Change Factor
Cost of Living Adjustment - CPI 7.55 1.0755
Population Adjustment - PA 0.07 1.0007
Change Factor (CPI x PA) 1.0763
D) Increase (decrease) in Appropriations Limit 2,856,195 $ E) FY 2022-2023 Appropriations Limit (B x C) $ 40,289,946
REMAINING APPROPRIATIONS CAPACITY
(E - A) $ 16,676,568
Remaining Capacity as Percent of the FY 2022-2023 41.39% Appropriations Limit
CITY OF DESERT HOT SPRINGS
APPROPRIATIONS (GANN) LIMIT CALCULATION
FISCAL YEAR 2022-2023
PAGE 2
COST OF POPULATION APPROPRIATIONS
FISCAL LIVING LIMIT APPROPRIATIONS SUBJECT TO REMAINING
YEAR CHANGE CHANGE LIMIT LIMIT CAPACITY
2007-2008 4.42% 6.23% 20,072,894 $ 7,955,785 $ 12,117,109 $ 2008-2009 4.29% 4.66% 21,909,564 $ 7,685,367 $ 14,224,197 $ 2009-2010 0.62% 2.36% 22,564,660 $ 8,567,083 $ 13,997,577 $ 2010-2011 -2.54% 0.85% 22,178,805 $ 8,272,160 $ 13,906,645 $ 2011-2012 2.51% 5.92% 24,081,746 $ 9,018,910 $ 15,062,836 $ 2012-2013 3.77% 1.32% 25,319,548 $ 9,122,718 $ 16,196,830 $ 2013-2014 5.12% 0.39% 26,719,719 $ 9,846,780 $ 16,872,939 $ 2014-2015 -0.23% 0.60% 26,818,582 $ 9,714,316 $ 17,104,266 $ 2015-2016 3.82% 0.53% 27,990,554 $ 9,804,713 $ 18,185,841 $ 2016-2017 5.37% 0.88% 29,753,959 $ 10,402,937 $ 19,351,022 $ 2017-2018 3.69% 0.78% 31,092,887 $ 10,876,926 $ 20,215,961 $ 2018-2019 3.67% 1.35% 32,669,296 $ 14,332,218 $ 18,337,079 $ 2019-2020 3.85% 0.51% 34,100,211 $ 14,638,188 $ 19,462,023 $ 2020-2021 3.73% -0.08% 35,344,869 $ 17,179,499 $ 18,165,370 $ 2021-2022 5.73% 0.17% 37,433,751 $ 22,131,517 $ 15,302,234 $ 2022-2023 7.55% 0.07% 40,289,946 $ 23,613,378 $ 16,676,568 $
CITY OF DESERT HOT SPRINGS
SUMMARY OF ANNUAL APPROPRIATION (GANN) LIMITS
PAGE 3
SR-22-212
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: September 20, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: September 6, 2022 RECOMMENDATION:
Approve the Minutes as presented; or as corrected.
ATTACHMENTS:
Draft City Council Regular Meeting Minutes - September 6, 2022
City of Desert Hot Springs
DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, September 6, 2022
Council Chambers
CLOSED SESSION - 4:30 P.M.
CALL TO ORDER
Mayor Matas called the Closed Session to order at 4:30 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 items.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Nadine Garcia, et al. v. City of Desert Hot Springs, et al.; 4th District Court of Appeal – Division 2; Case No. E075523
2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Joseph Miner. v. City of Desert Hot Springs, et al.; US District Court, Central District; Case No. 8:22 CV-01043 CAS MAA
3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Desert Hot Springs v. Renato De La Rosa et. al.; PSC1802371
City Council
September 6, 2022
4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Southern California Edison v. California State Board of Equalization, et al Orange County Superior Court, Case Number 30-2020- 01258109-CU-MC-CJC
PRESENTATIONS - 5:30 P.M.
Proclamation Presented to First Community Baptist Church Recognizing Their 75th Anniversary
Mayor Matas and the City Council presented a Proclamation to the First Community Baptist Church in recognition of their 75th Anniversary.
Coachella Valley Rescue Mission Presentation
Scott Wolf, Development Director, and Kimberly McKinney, Grants Administrator, presented an overview of the services offered by the Coachella Valley Rescue Mission and responded to questions.
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
Mayor Matas called the Regular Session to order at 6:00 P.M.
ROLL CALL
Present:
Council Members: Russell Betts, Roger Nuñez, Jan Pye
Mayor Pro Tem: Gary Gardner
Mayor: Scott Matas
INVOCATION
Pastor James Baylark gave the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Gardner led the Pledge of Allegiance.
CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, advised that there was no reportable action.
City Council
September 6, 2022
APPROVAL OF AGENDA
ACTION: Approve the September 6, 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
1) Jennifer Shannon announced the Fall Festival event at the Miracle Springs Resort & Spa and Desert Hot Springs Spa Hotel.
2) Roberta Rodriguez spoke regarding the John H. Furbee Aquatics Center. 3) Dr. Rainbow Casey spoke regarding the John H. Furbee Aquatics Center. 4) Emory Lesco spoke regarding the Fall Festival event at the Miracle Springs Resort & Spa and Desert Hot Springs Spa Hotel.
5) Tom Moen stated that the Desert Hot Springs Spa Hotel would be celebrating their 43rd anniversary; and expressed safety concerns regarding Highway 62. 6) Jeffrey Holman provided updates and announcements regarding the Greater Coachella Valley Chamber of Commerce and Desert Hot Springs Rotary.
CITY MANAGER REPORT
Luke Rainey, City Manager, introduced new employees Kyle Morris, Information Technology Network Engineer, and Sean Smith, Economic Development Director.
Geoffrey Buchheim, Administrative Services Director, provided a financial update.
Nicholas Haecker, Public Works Director, provided status updates regarding various projects.
MAYOR AND COUNCIL MEMBER REPORTS
Council Member Betts reported on the various meetings and events he attended.
Mayor Pro Tem Gardner reported on the various meetings and events he attended.
Council Member Nuñez reported on the various meetings and events he attended.
City Council
September 6, 2022
Council Member Pye reported on the various meetings and events she attended.
Mayor Matas reported on the various meetings and events he attended.
ADMINISTRATIVE CALENDAR:
5. Award Professional Services Agreement for the Engineering Design of the Line C-1 Storm Drain Improvements
Recommendation:
Authorize the City Manager to execute the Professional Services Agreement for the Design of the Line C-1 Storm Drain Improvements with Albert A. Webb Associates, Incorporated in the amount not to exceed $336,052 with a contingency of $33,605 for any additional work as approved by the City, which brings a total budget of $369,657, with substantive changes, not including price, to be negotiated and executed by the City Manager.
Staff Report - SR-22-202 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
6. Agreement with Riverside County for Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Project
Recommendation:
Authorize the City Manager to execute the service agreement between the City of Desert Hot Springs and the County of Riverside in the amount of $46,998.90 for the completion of the Camino Campanero, Avenida Descanso, and Camino Aventura Slurry Seal Improvements Project.
Staff Report - SR-22-199 - Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Betts
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
7. Agreement for Maintenance of Shared Traffic Signals and Safety Lighting
City Council
September 6, 2022
with the City of Palm Springs
Recommendation:
Authorize the City Manager to execute the maintenance agreement between the City and the City of Palm Springs for the maintenance of shared traffic signals and safety lighting.
Staff Report – SR-22-197 – Pdf
Jilleen Ferris, City Engineer, presented the staff report and responded to questions.
ACTION: Approve Staff recommendation.
Moved by Council Member Nuñez
Seconded by Mayor Pro Tem Gardner
Carried 5-0 by the following votes:
AYES: Betts, Nuñez, Pye, Gardner, and Matas
CONSENT CALENDAR:
8. City Council Regular Meeting Minutes: August 2, 2022 City Council Special Meeting Minutes: August 23, 2022
Staff Report - SR-22-203 - Pdf
ACTION: Approved the Minutes as presented.
9. Contracts Management Report as of August 15, 2022
Staff Report - SR-22-201 - Pdf
ACTION: Received and filed.
PUBLIC COMMENTS
None.
ADJOURN
Mayor Matas adjourned the meeting at 6:53 P.M.
Jerryl Soriano, CMC, City Clerk