Desert Hot Springs City Council
November 15, 2022

City of Desert Hot Springs

ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, November 15, 2022
Council Chambers
CLOSED SESSION - 3:30 P.M.

CALL TO ORDER
Mayor Matas called the Closed Session to order at 3:30 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: 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 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, although no formal claim has been filed. The threat of litigation letter is on file with the City Clerk’s office.

City Council
November 15, 2022

3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.

PRESENTATIONS - 5:15 P.M.

Certificate of Recognition Presented to Howard Reeves, Desert Hot Springs Little League, District 58 Administrator
Mayor Matas presented a Certificate of Recognition to Howard Reeves.

Food Now Presentation
Dana Johnson, Food Now, Inc., presented an overview of the services provided by Food Now; and announced their Chili Cook-Off event.

Landscaping Certification Training Presentation
College of the Desert
Veronica Izurieta, College of the Desert, presented an overview of the Landscaping Certification Training program.

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 Randa Ray gave the Invocation.

PLEDGE OF ALLEGIANCE
Councilmember Nuñez led the Pledge of Allegiance.

CITY ATTORNEY REPORT ON CLOSED SESSION
Jennifer Mizrahi, City Attorney, reported that the City Council voted unanimously to commence litigation concerning Closed Session Item No. 3.

City Council
November 15, 2022

APPROVAL OF AGENDA
ACTION: Approve the November 15, 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) Tom Moen spoke about Tranquility Park.
2) Dave Dunn spoke about Hot Springs Park.
3) Rebecca Rodea expressed concerns regarding issues occurring at the Sahara Hotel and Mission Springs Park.
4) Dana Johnson announced the Food Now Chili Cook-Off event. 5) Eddie Johnson spoke about the Veterans Day Ceremony.

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

Nicholas Haecker, Public Works Director, provided an update regarding the Palm Drive North and Reflection Park projects.

Roberta Crncic, Recreation and Community Services Director, announced the State of the City and Parade of Lights and Holiday Festival events.

MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Betts reported on the various meetings and events he attended.

Mayor Pro Tem Gardner reported on the various meetings and events he attended.

Councilmember Nuñez reported on the various meetings and events he attended.

Councilmember Pye reported on the various meetings and events she attended.

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

City Council
November 15, 2022
PUBLIC HEARINGS:

4. AB 1600 Annual Report – Development Impact Fees and Resolution Making Findings and Reaffirming the Necessity of Certain Development Impact Fees
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the 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;
9) Review and accept the AB 1600 Annual Report on Development Impact Fees for the period ending June 30, 2022 (Exhibit 1); and 10) Adopt a Resolution of the City Council making findings and reaffirming the necessity of certain Development Impact Fees.

Staff Report - SR-22-247 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-050.

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

5. An Ordinance Repealing and Replacing Chapter 17.160 Massage Establishments of the Desert Hot Springs Municipal Code 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 from those opposed;
6) Take public testimony from those in a neutral position;

City Council
November 15, 2022
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, repealing and replacing Chapter

17.160 Massage Establishments of the Desert Hot Springs Municipal Code.

Staff Report - SR-22-245 - Pdf
Christina Newsom, Compliance Manager, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation.

Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 4-1 by the following votes:

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

6. An Ordinance Adding Chapter 8.48 Tenant Relocation Assistance to the Desert Hot Springs Municipal Code
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 from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs adding Chapter 8.48 (Tenant Relocation Assistance) to the Desert Hot Springs Municipal Code." Staff Report - SR-22-244 - Pdf
Christina Newsom, Compliance Manager, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

City Council
November 15, 2022
There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation.

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

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

7. An Ordinance Amending Section 15.68.130 "Duties and Responsibilities of the Floodplain Manager" of the Desert Hot Springs Municipal Code to Allow for a More Streamlined Process for the Approvals of Letters of Map Revision (LOMRS) (Exempt from CEQA per 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 impact on the environment).

Recommendation:

Introduce for First Reading and read by title only: “An Ordinance of the City Council of the City of Desert Hot Springs, Amending Section 15.68.130 “Duties and Responsibilities of the Floodplain Manager” of the Desert Hot Springs Municipal Code to allow for a more streamlined process for the Approvals of Letters of Map Revision (LOMRS)."
Staff Report - SR-22-246 - 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 Pye
Carried 5-0 by the following votes:

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

8. City Council Regular Meeting Minutes: November 1, 2022 Staff Report - SR-22-249 - Pdf
ACTION: Approved the Minutes as presented.

City Council
November 15, 2022

9. Second Reading and Adoption of 2022 Building Code and Fire Code Ordinances
Staff Report - SR-22-248 - Pdf
ACTION: Approved Staff recommendation and adopted Ordinance No. 766 (Building Code) and Ordinance No. 767 (Fire Code).

A) “An Ordinance of the City Council of the City of Desert Hot Springs amending Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2022 edition of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, International Property Maintenance Code, and to adopt local revisions to those Codes with selected appendices and amendments; AND
B) “An Ordinance of the City Council of the City of Desert Hot Springs, amending Chapter 15.22 “California Fire Code” of Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2022 edition of the California Fire Code with selected appendices and amendments.

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 7:20 P.M.

Jerryl Soriano, CMC, City Clerk

SR-22-247
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 15, 2022
Department: Administrative Services
Prepared by: Viviana Gonzalez-Osorio, Management Analyst Subject: AB 1600 Annual Report – Development Impact Fees and Resolution Making Findings and Reaffirming the Necessity of Certain Development Impact Fees RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the 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;
9) Review and accept the AB 1600 Annual Report on Development Impact Fees for the period ending June 30, 2022 (Exhibit 1); and
10) Adopt a Resolution of the City Council making findings and reaffirming the necessity of certain Development Impact Fees.

BACKGROUND:

Government Code section 66000 et seq., commonly known as AB 1600, require both charter and general law cities imposing development impact fees (“DIFs”) to prepare an annual public report providing specific information about those fees. To satisfy this requirement, City Finance Staff annually completes a report documenting the expenditures made with DIFs collected and includes statutorilyrequired information such as the beginning and ending balances of each account/fund, the amount of DIFs collected, and interest accrued during the year. Staff has completed the AB 1600 Report (Exhibit 1) for this purpose and recommends acceptance and approval of the report after closing the public hearing.

AB 1600 further requires that five years following the first deposit into an impact fee account/fund (and every fifth year thereafter) the City make certain findings as to any portion of such account/fund which remains unexpended (unspent). The findings must: (1) identify the purpose to which the fee is to be put; (2) demonstrate a nexus between the fee and the purpose for which it was originally charged; (3) identify all sources and amounts of funding anticipated to complete financing of incomplete improvements; and (4) provide the approximate dates on which the anticipated funding is expected to be deposited into the account/fund.

SR-22-247
DISCUSSION:

This year, staff prepared the annual AB 1600 Report to meet these five-year requirements for the unexpended amounts in the Fire Suppression and Response Vehicles Fund and the Aquatics Center Facilities Fund for the following purposes:

Fire Suppression and Response Vehicles Fund monies have been retained by the City due to the high costs associated with the purchase of land, design, and construction of a new fire station in the easterly part of the City (Hacienda and Long Canyon Road is the general area). A reasonable relationship exists between the need for this fire station and future commercial and residential development because new developments in that part of the City will need fire suppression facilities in close proximity to adequately protect life and property. The retained funds will be utilized in the next 2 years as the City begins the process of constructing the new fire station and purchasing equipment for it.

Aquatics Center Facilities Fund monies have been retained by the City due to the high costs associated with the design, construction and enhancements at the Wardman Park Community Pool and the Health and Wellness Aquatics Center Splash Pad Expansion. A reasonable relationship exists between the need for these enhancements due to the increase in construction of residential dwelling units within the City and the need for pool expansion to adequately meet the standards of square feet per resident as stated in the Master Facilities Plan.

The attached Resolution (Exhibit 2) specifies these findings and City Council’s approval thereof. Staff has further advised the Desert Valley Builders Association of the status of DIF funds and they approved the report as presented. The AB 1600 report covers Fiscal Year 2020-2021 and the preceding five years, as it pertains to the Fire Suppression Funds and the Aquatic Center Facilities Fund.

FISCAL IMPACT:

As of June 30, 2022, the available fund balances were as follows:
• Fire DIF $590,678
• Parks DIF $191,282
• Streets/Traffic Signal/Bridges DIF $589,944
• General Facilities DIF $151,017
• Law Enforcement DIF -$203,551
• Community Center DIF $567,494
• Aquatics DIF $118,867
• Storm Drainage DIF $209,399
The Law Enforcement DIF Fund is at a negative balance due to higher than anticipated costs for the Dispatch Center Project. The negative balance will be covered by revenues received after 6/30/2022 and the FY2022-2023 Budget for this fund has been adjusted to make up for the negative fund balance at 6/30/2022.

ATTACHMENTS:

Exhibit 1 - AB 1600 Annual DIF Report 6.30.2022
Exhibit 2 - Resolution (AB 1600 Annual Report 2021-2022) Exhibit 3 - Public Hearing Notice (AB 1600 Annual Report 2021-2022) Exhibit 4 - AB 1600 Annual Report Response Dated October 26, 2022

SR-22-247

AB 1600 Annual Report on
Development Impact Fees
For the Period Ending June 30, 2022
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, CA 92240
www.cityofdhs.org
(760) 329-641 1

City ofDesert Hot Springs
Fire Suppression Facilities and Response Vehicles Impact Fee GovernmentCode 66000 Calculation
FY202 1-2022
The Citys Fire Suppression and Response Vehicles impact Fee became eifective on February 17, 2009 with the adoption of City Ordinance #2002-O1. The Fire Suppression and Response Vehicles impact Fee willbe used to construct new stations and or expand existing facilities.

The fee is based upon the attached formulaand data sheet and varies fromproject to project.

Beginning
Account Descri -tion Fund Balance
Revenues &Other Sources
Developer fees
Interestincome
MiscellaneousRevenue
Total Sources
Expenditures &Other Uses
Transfers out - Capital Improvement Project Fund
PreliminaryStudy
Administrationlstudy
Design
Engineering
Construction
Equipment
FY2021-2022

91.495
597

5.450
193.135
Total Available
198585
597,170 106,493
Five Year Test
Usin Firstin First Out Method —
Revenues Collectedfrom 2005 83,401
Revenues Collectedfrom2006 189.952
Revenues Collected from2007 97.981
Revenues Collected from 2008 45,884
Revenues Collectedfrom2009 28,202
Revenues Collected from2010 4.860
Revenues Collected from 2011 66,467
Revenues Collected from2012 1,520
Revenues Collected from 2013 3.466
Revenues Collectedfrom2014 4,388
Revenues Collected from 2015 8,306
Revenues Collected from2016 12,889
Revenues Collected from2017 23,428
Revenues Collected from 2018 42,578
Revenues Collectedfrom2019 47,807
Revenues Collected from2020 58,330
Revenues Collected from 2021 38,222
Revenues Collectedfrom2022 92,092
Total Revenues Collected __ 849 773
Result: Five Year Spent Test was not met in accordance withGovernmentCode 66001. During FY21-22, the Citycompleted 99% of the construction of a new Dispatch Center (FD-17)of which the Fire DIF portion was estimated at $201,485. The City makes a finding that it willstart construction of a 9000 square foot fire station in the easterly part of the City, near Mountain View Drive, withinthe next 1 to 2 years. The facilityis necessary to provide adequate response to residences/business in the City's General Plan and fire service planning area. The anticipated 850% increase in cells from the City's growing population and supporting business at the General Plan build-out of the existing expanded fire service planning area willsubstantially increase the likelihood of simultaneous calls for service requiring the expansion of the response capability.

The total estimated costs forthe design, consuuction, and equipment is estimated at $6.6 million which willrequire the accumulated FTreDIF fees and a bond measure. Once construction is completed. the C‘ willneed to a -uke a response vehicle.

Capital improvement Facilities
FY 2021-2022 %Com -late
12%
Ca -ital lm » rovement Facilities Actual Ex - nses FD-01 New Fire Station Desi n FD-17 Dispatch Center (Emergency Communication 8 stem
Total
193 135
198,585
100.0%
FY 2022-2027
500 000
4,400 000
300 000
16 000
5,216,000
Antici -ated Future Pro acts FD-01- Fire Station - Desin #3 FD-01 - Fire Station - Construction #3
FD-01 - Fire Station Land Purchase estimated
FD-17 - NewDis-atch Center
Total Anticipated Future Projects
E5
E1—
Ending
Fund Balance
590.678
%funded with fee
100.0%
12%
% funded with fee
100%
100%
100%
12%

City of Desert Hot Springs
Parkland Acquisition and Recreation Facilities impact Fee Government Code 66000 Calculation
FY2021-2022
The City's Parkland Acquisition and Recreation FacilitiesImpact Fee became effective on February 17, 2009 with the adoption of the City's Ordinance #2002-01. The Parkland Acquisition and Recreation Facilities Impact Fee will be used to construct an additional park and recreation facilities.

The fee is based upon the attached formula and data sheet and varies fromproject to project.

Account Descri -tion Fund Balance FY 2021-2022 Fund Balance Revenues &Other Sources
Developer fees 139,806
Interest income 112
Total Sources 139,918
Expenditures &Other Uses
Transfers out — Capital Improvement Project Fund
Preliminary Study
Administration/Study
Design
Engineering
Construction
Equipment
Total Uses 13,770
Total Available 126,148
Five Year Test
Usino First In First Out Method
Total Revenues
Revenues Collected from 2017 128,609
Revenues Collected from2018 88,936
Revenues Collected from 2019 33,892
Revenues Collected from 2020 136,306
Revenues Collected from2021 95,708
Revenues Collected from 2022 139,918
Total Revenues Collected
Result: Five Year Spent Test was met in accordance withGovernmentCode 66001.

Capital Improvement Facilities
Ca ital lm rovement Facilities Actual Ex -enses FY 2021-2022 % Com lete % funded with fee PK-01 - Park Facilities Develoment- Mission Srins Park $ 13 770 100.00% 100.00% rota: 3 131m j
Antici -ated Future Pro'ects FY 2022-2027 % Com lete
3 Ti
T
1:11:11 ——

Cityof Desert Hot Springs
Streets, Bridges and Tra?ic Signals Impact Fee
Government Code 66000 Calculation
FY2021-2022
The City's Streets, Bridges and TrafficSignals Impact Fee became effectiveOn February 17, 2009 withthe adoption of City Ordinance #2002-01 used to construct additional lane miles withinthe Citylimits.

The fee is based upon the attached formula and data sheet and varies fromproject to project.

Account Descri v tion
Revenues &Other Sources
Developer fees
Interest income
Beginning
Fund Balance FY2021-2022
646,41 6
372
Total Sources
Expenditures &Other Uses
Transfers out - Capital Improvement Project Fund
Preliminary Study
Administrationlstudy
Design
Engineering
Construction
Equipment 1 Total Uses
Total Available
646, 788
122,305
75,290
Five Year Test
Usin- FirstInFirst Out Method —Revenues Collected from 2017 385.537 Revenues Collectedfrom2018 846.457
Revenues Collectedfrom2019 984.324
Revenues Collected from 2020 750.943
Revenues Collectedfrom 2021 258.774
Revenues Collectedfrom 2022 646.788
Total Revenues Collected 3 872,823
Result: Five Year Spent Test was met in accordance withGovernment Code 66001. Inprior year the City advanced Street DIFfees to complete multiple tra?ic lights and street projects along Palm Drive.Revenues expected fromthe future development willclear the advance.

Capital improvement Facilities
. The fees willbe
Ending
Fund Balance
sr-12 Hacienda from Tamar to Acacia- ATP c cle 6
$ 122,305
jEZIEl—_
_—

City of Desert Hot Springs
General Facilities, Vehicles, and Equipment Impact Fee
Government Code 66000 Calculation
FY 2021-2022
The City's General Facilities, Vehicles &Equipment Impact Fee became effective on February 17, 2009 with the adoption of City Ordinance #2002-01. The General Facilities, Vehicle and Equipment Impact Fee willbe used to construct a new city facilities, expansion of the pool car general maintenance ?eet, and to expand The fee is based upon the attached formula and data sheet and varies from project to project.

Account Descri -tion Fund Balance FY 2021-2022 Fund Balance Revenues &Other Sources
Developer fees 149,761
Interest income 115
Total Sources 149,875
Expenditures &Other Uses
Transfers out - Capital Improvement Project Fund
Preliminary Study
Administrationlstudy
Design
Engineering
Construction
Vehicles
Total Uses
Total Available 151,017
Five Year Test
Usin First In First Out Method —Revenues Collected from 2017 43,305 Revenues Collected from 2018 69,138
Revenues Collected from 2019 64,584
Revenues Collected from 2020 96,365
Revenues Collected from 2021 78,014
Revenues Collected from 2022 149,875
Total Revenues Collected 501,280
Result: Five Year Spent Test was met in accordance withGovernment Code 66001.

Capital Improvement Facilities
Ca -ital lm -rovement Facilities Actual Ex - enses FY 2021-2022 % Com o lete % funded with fee GF - 01 Ci Hall Construction 33 50,000 100% 53.5%
$ 50.000 --
Antici -ated Future Pro‘ects FY 2022-202 % Com lete % funded with fee L1
Li
L? -- Page 16 of 91
City of Desert Hot Springs
Community (Public Use) Center Facilities Impact Fee
.Government Code 66000 Calculation
FY 2021-2022
The City's Community (Public Use) Center Facilities Impact Fee became effective on February 17, 2009 withthe adoption of the City's Ordinance Number 2002-01. The Community (Public Use) Center Facilities Impact Fee willbe used to construct additional community centers.

The fee is based upon the attached formula and data sheet and varies from project to project.

Beginning Ending
Account Descri -tion Fund Balance FY 2021-2022 Fund Balance Revenues &Other Sources
Developer fees 289,651
Interest income 467
Total Sources 290,118
Expenditures &Other Uses
Preliminary Study
Administrationlstudy
Design
Engineering
Construction 50,000
Equipment
Total Uses 50,000
TotalAvailable 327,376 240,118 567,494
Five Year Test
Usin- First In First Out Method
Total Revenues
Revenues Collected from 2017 76,556
Revenues Collected from 2018 82,778
Revenues Collected from 2019 29,718
Revenues Collected from 2020 152,621
Revenues Collected from 2021 169,940
Revenues Collected from 2022 290,118
Total Revenues Collected . 801,731
Result: Five Year Spent Test was met in accordance with Government Code 66001.

Capital Improvement Facilities Actual Expenses
Ca ital lm rovement Facilities FY 2021-2022 %.Com lete % funded with fee CC-01 Public Use Facilities - New Cit Hall 50,000 100% 23.4% 5 50.000
Antici -ated Future Pro'ects FY 2022-2027 % Com lete % funded with fee CC-01 - Public Use Facilities 2,448,960 100% 23.4%
CC-01 - New Communlt Center Desi n 64,800 90% 100.00%
Total Anticipated Future Projects 2,513,760

City of Desert Hot Springs — Law Enforcement Facilities, Vehicles and Equipment Impact Fee Government Code 66000 Calculation
FY2021-2022
The City's Law Enforcement Facilities, Vehicles and Equipment Impact Fee became effect February 17, 2009 withthe adoption of City Ordinance #2002-01. Thisfee provides for the capital costs associated with the expansion of the Police Department including equipment.

The fee is based upon the attached formula and data sheet and varies ?om project to project.

Account Descri -tion Fund Balance FY 2021-2022 Fund Balance Revenues &Other Sources
Developer fees 100,653
Interest income 211
Total Sources 100,864
Expenditures &Other Uses
Transfers out - Capital Improvement Project Fund
Preliminary Study
Administration/Study
Design
Engineering
Construction
Equipment
Vehicle
Total Uses _797,737
Total Available 696,873 (203,551)
Five Year Test
Using First In First Out Method
Total Revenues — Revenues Collected from 2017 173,670
Revenues Collected from 2018 210,478
Revenues Collected from 2019 307,325
Revenues Collected from 2020 168,195
Revenues Collected from 2021 50,829
Revenues Collected from 2022 100,864
Total Revenues Collected 1,011,361
Result: Five Year Spent Test was met in accordance withGovernment Code 66001.

Capital Improvement Facilities --
-- Page 18 of 91
City of Desert Hot Springs
Aquatic Center Facilities Impact Fee
Government Code 66000 Calculation
FY 202 1-2022
The City's Aquatic Center FacilitiesImpact Fee became effective on February 17, 2009 withthe adoption of the City Ordinance # 2002-01. The Aquatic Center Facilitieswillbe used to construct additional aquatic centers.

The fee is based upon the attached formula and data sheet and varies fromproject to project.

Account Descri o tion Fund Balance FY 2021-2022 Fund Balance Revenues &Other Sources
Developer fees
interest income
Total Sources
Expenditures &Other Uses
Transfers out - Capital Improvement Project Fund
Preliminary Study
Administration
Design
Engineering
Construction
Equipment
Total Uses
Total Available
42,824
98 118,867
Five Year Test
Using First In First Out Method
Total Revenues —
Revenues Collected from 2017 10,175
Revenues Collected from 2018 10,826
Revenues Collected from 2019 3,923
Revenues Collected from 2020 20,752
Revenues Collected from 2021 22,661
Revenues Collected from 2022 42,922
Total Revenues Collected 111,259
Result : Five Year Spent Test was not met in accordance with Government Code 66001. The City makes a ?nding that it plans to make enhancements which include design and construction of new projects for the Wardman Community Pool and the Health & Wellness Aquatics Center Splash Pad Expansion. Due to the high costs of these needed improvements, the City willneed to collect Aquatic DIF fees forseveral years. Currently, the amount of fees collected are not sufficient to be able to fund the projects withinthe ?ve year period.

Capital improvement Facilities
Ca ital Im rovement Facilities Actual Ex -enses % Com lete % funded with fee % Comlete % funded with fee
El
T--

City of Desert Hot Springs
Storm Drainage Facilities Impact Fee
Government Code 66000 Calculation
FY 2021-2022
The City's Storm Drain Facilities Impact Fee became EffectiveOn February 17, 2009 with the adoption of the City Ordinance #2002-01. The Storm Drain Facilities Impact Fee willbe used to construct ?ood and storm drain The fee is based upon the attached formula and data sheet and varies fromproject to project.

Account Descri -tion Fund Balance
Revenues &Other Sources
Developer fees
Interest income
Total Sources
Expenditures &Other Uses
Transfers out - Capital Improvement Project Fund
Preliminary Study
Administration/Study
Design
Engineering
Construction
Equipment
Total Available
Five Year Test
Using First In First Out Method
Total Revenues — Revenues Collected from2017 45,796
Revenues Collected from2018 73,399
Revenues Collected from2019 72,899
Revenues Collected from 2020 134,308
Revenues Collected from 2021 83,692
Revenues Collected from2022 280,205
Total Revenues Collected 690,299
Result: Five Year Spent Test was met in accordance withGovernment Code 66001.

Capital Improvement Facilities
Ca -ital lm -rovement Facilities Actual Ex -enses FY 2021-2022 % Com Iete % funded with fee SD-01 Storm Drainae Master Plan $ 1,426 65.0%
SD—23Line E5 8th Street Storm Drain
Antici -ated Future Pro ‘eats
SD - 01 — Cit ide Draina e Stud Master Facilit

u=e\mu.u.m..co>\mn..~.camEacmo
n

-1-
RESOLUTION NO. 2022-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT HOT

SPRINGS, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE

NECESSITY OF CERTAIN DEVELOPMENT IMPACT FEES, AND ADOPTING THE AB 1600 REPORT
WHEREAS, the City of Desert Hot Springs is required to make certain findings every five years with respect to the unexpended fund balance of certain development impact fee funds pursuant to the Mitigation Fee Act, Government Code Sections 66000 et seq.; and WHEREAS, the documents reflecting the balance in each development impact fee fund/account, accrued interest in said funds/accounts and the amount of expenditure by public facility for the fiscal year have been made available for public review in the annual AB 1600 Report as required by Government Code section 66006; and
WHEREAS, the City conducted a noticed public hearing on November 15, 2022 to hear all testimony on this Resolution and the attached AB 1600 report (“AB 1600 Report”), attached hereto and incorporated herein by this reference as Exhibit “A”; and WHEREAS, the City wishes to reaffirm the necessity of continuing to collect and accumulate unexpended Fire Suppression and Response Vehicles Development Impact Fees and the Aquatic Center Facilities Impact Fees by making the findings in Government Code section 66001 (d).

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

Section 1. Recitals
That the above recitals are true and correct and made a part of this Resolution.

Section 2. Adoption of the AB 1600 Report
That the City Council hereby approves and adopts the AB 1600 Report.

Section 3. Findings
That the following findings are made with respect to the unexpended balances of development impact fees in the Fire Suppression and Response Vehicles Fund and the Aquatic Center Facilities Fund as required under Government Code section 66001:

1. The purpose of each development impact fee is identified in Chapter 17.144 of the Desert Hot Springs Municipal code and in the AB 1600 Report for the fiscal year ended June 30, 2022.

2. There is a continued need for the improvements and that there is a reasonable relationship between the fee and the impacts for development for which the fees are collected.

3. The sources and amounts of funding anticipated to complete the financing of the contemplated capital projects are described in the AB 1600 Report and/or Master

-2-
Facility Plan, have been projected and/or estimated, and will be deposited into the appropriate development impact fee account upon receipt thereof during the City’s normal capital improvement program budget cycle.

4. The Fire Suppression and Response Vehicles impact fee continues to be accumulated beyond the five years for the purchase of land and for the development of a nine thousand square foot fire station in the easterly part of the City (in the general area of Hacienda Avenue near Long Canyon Road). There exists a reasonable relationship between the need for this additional fire station and future commercial and residential development because new developments in that part of the City will need fire suppression facilities in close proximity to adequately protect life and property.

5. The Aquatic Center Facilities impact fee continues to be accumulated beyond the five years for the design and construction of new projects at the Wardman Park Community Pool and the Health and Wellness Aquatics Center. A reasonable relationship exists between the need for these enhancements due to the increase in construction of residential dwelling units within the City and the need for pool expansion to adequately meet the standards of square feet per resident as stated in the Master Facilities Plan.

Section 4. Bases for Findings
That the above-referenced findings are based on information provided in Chapter 17.144 of the Desert Hot Springs Municipal Code, the AB 1600 Report, the Master Facilities Plan and the City’s adopted annual operating budget currently on file with the City Clerk.

Section 5. 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 competent jurisdiction or because 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 6. Repeal of Conflicting Resolutions
That all the provisions of any existing resolution as heretofore adopted by the City Council that are against the provisions of this Resolution are hereby repealed.

Section 7. 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.

Section 8. Effective Date
That this Resolution shall take effect upon the date of its adoption. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

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PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 15th day of November 2022, by the following vote:

AYES:

NAYS:

ABSENT:

RECUSED:
[SIGNATURES FOLLOW ON THE NEXT PAGE]

-4-
ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney

NOTICE OF PUBLIC HEARING
TO APPROVE THE AB 1600 ANNUAL REPORT – DEVELOPMENT IMPACT FEES AND ADOPT A

RESOLUTION MAKING FINDINGS AND REAFFIRMING THE NECESSITY OF CERTAIN

DEVELOPMENT IMPACT FEES
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the City of Desert Hot Springs will conduct a Public Hearing to review and approve the Annual AB 1600 Report – Development Impact Fees on November 15, 2022. The Report will be at the Community Development Counter for review (by appointment only) prior to the meeting date.

The Public Hearing will be held as follows:

Location: City Hall/ Council Chamber
11-999 Palm Drive, Desert Hot Springs, CA 92240
Date: Tuesday, November 15, 2022
Time: 6:00 P.M. (or as soon thereafter as the matter may be heard) INTERESTED PERSONS MAY appear and be heard, or written comments may be sent to the City Council prior to the hearing. Written comments may be mailed to: City Clerk, City of Desert Hot Springs, 11-999 Palm Drive, Desert Hot Springs, CA 92240, or delivered to the City Clerk at the same address before 4:30 p.m. on November 15, 2022.

QUESTIONS AND INQUIRIES may be addressed to Geoffrey Buchheim, Administrative Services Director, at (760) 329-6411 Ext. 227 or via email to [email protected]. /s/ Jerryl Soriano
City Clerk
PUB: ________________

2022 BOARD OF DIRECTORS

PRESIDENT
Todd Hooks
Agua Caliente Band of
CahuillaIndians
ImmezliatePast President
DeborahMcGarrey
SouthernCalifornia Gas Company
£11/ICE PRESIDENT
Torn Dubose
DuboseDesign Group, Inc.

SECRETARY/TREASURER
PedroRincon
Osborne RinconCPAS
VICE PRES1DE1'\_’7_‘
0F ASSOCIA Tit_3_._S‘
Allan Levin
Allan Levin & Associates

CHIEF EXECUTIVEOFFICER
GretchenGutierrez

DIRECTORS
Fred Bell/2022 PAC C/mirman
Nobell Energy Solutions
Brian Benedetti
Brian Benedetti Construction
Mark Benedetti
Dede Callanan
North American Title
Mario Gonzales
GI-IACompanies
Joe Hayes
First Bank ,/
Jeremy Roos
FreeVolt ' Dave Lippeit K Lippert Construction,Inc
N Paul Mahoney
PMA Advertising
Bruce Maize
Robert Green Company
Russ Martin
Mission Springs Water
District
Dan Olivier
Nethery Mueller Olivier
Alan Pace/Progrrtms Chairman
AC Houston Lumber John Powell, Jr. Coachella Valley Water District Mike Rowe MSA Consulting Phil Smith Sunrise Company Alissa Vatter Fidelity National Title Jeff Wattenbarger Wattenbarger Construction ‘U!
desertvalleysbuilders association
October 26, 2022
City of Desert Hot Springs
Viviana Gonzalez-Osorio,Management Analyst
11999 Palm Drive
Desert Hot Springs, CA 92240
RE: Annual and Five-Year Report
Dear Ms. Gonzalez-Osorio,
Thank you for providing the Desert Valleys Builders Association withthe opportunity to review and comment on the City of Desert Hot Springs’ AB1600Annual Report on DevelopmentImpact Fees for the period ending June 30, 2022.

Upon completion of our review, we are satis?ed that this AB1600 report is complete and comprehensive, ful?lling the City’s annual reporting obligations pursuant to the Mitigation Fee Act.

L/N’ chen utierre
tive Of?cer
34360 Gateway Drive
0 PalmDesert
0 CA 9221 l (760) 776-700l office
0 (760) 77 6-7002 fax www.TheDVBA.org

SR-22-245
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 15, 2022
Department: City Manager
Prepared by: Christina Newsom, Compliance Manager
Subject: An Ordinance Repealing and Replacing Chapter 17.160 Massage Establishments of the Desert Hot Springs Municipal Code.

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 from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs, repealing and replacing Chapter 17.160 Massage Establishments of the Desert Hot Springs Municipal Code.

BACKGROUND:

Desert Hot Springs Municipal Code (“DHSMC”) Chapter 17.160 regulates massage therapists by establishing certain minimum standards for the education and conduct of these types of businesses to protect the public health and welfare of the citizens of Desert Hot Springs.

City Staff worked collaboratively with California Massage Therapy Council (CAMTC) to review our existing ordinance and identifed several outdated, and unlawful provisions.

Our current ordinance requires a repeal and replacement to accomplish the following:
1) Deter human trafficking activity.
2) Require massage establishments to be permitted in addition to independent massage therapists. 3) Establish regulations applicable to the operation of massage establishments 4) Establish certification requirements from the California Massage Therapy Council.

SR-22-245
5) Provide more robust massage establishment suspension and revocation provisions. Including upon suspension or revocation, a Massage Establishment shall immediately cease operation and no other Massage Establishment shall be permitted to operate at that location by the same Owner and/or Operator for a period of not less than one (1) year.

Moreover, businesses that offer ancillary Massage Therapy services such as Hotels and Spas are exempt from this Chapter. However, they are subject to the requirements set forth in:
• 5.56.40
o California Massage Therapy Council certification required • 5.56.210
o Health and Safety Requirements shall be applicable to all Massage Establishments • 5.56.230
o Additional Regulations
FISCAL IMPACT:

There is no fiscal impact.

ENVIRONMENTAL ANALYSIS:

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

ATTACHMENTS:

Exhibit 1 - Massage Ordinance (Hotels)

ORDINANCE NO. ______

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF DESERT HOT SPRINGS,
REPEALING CHAPTER 17.160 (MASSAGE

ESTABLISHMENTS) AND ADDING
CHAPTER 5.56 (MASSAGE

ESTABLISHMENTS) OF THE DESERT HOT

SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs (“City”) is
a charter city organized pursuant to Article XI of the
California Constitution; and
WHEREAS, Chapter 17.160 “Massage
Establishment,” of the Desert Hot Springs Municipal Code (“DHSMC”) establishes regulations for the operation of
massage establishments and massage therapists within the City; and
WHEREAS, the Massage Therapy Act, codified under
California Business and Professions Code sections 4600
through 4621, established the California Massage Therapy Council and statewide regulations for massage and
massage establishments; and
WHEREAS, section 51030 of the Government Code
provides that the legislative body of a city may enact an ordinance which provides for the licensing for regulation of the business of massage carried on within the city; and WHEREAS, local jurisdictions may enact an
ordinance relating to massage or massage establishments provided such ordinances do not conflict with State law; and WHEREAS, the City’s current massage therapy
regulations must be updated to remain consistent with State law and to incorporate best practices; and
WHEREAS, therefore, City Council finds that
repealing Chapter 17.160 and adding new Chapter 5.56 is required to modernize local massage therapy and massage establishment regulations; and
WHEREAS, the City Council finds that the adoption of
this Ordinance is categorically exempt from environmental review under the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15061(b)(3)
because it can be seen with certainty that there is no

possibility that the adoption of this Ordinance in question may have a significant effect on the environment; and
WHEREAS, this Ordinance protects the public
health, safety and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE

CITY OF DESERT HOT SPRINGS DOES ORDAIN AS
FOLLOWS:

Section 1. RECITALS.

The Recitals are hereby incorporated by this
reference.

Section 2. REPEAL OF CHAPTER

17.160 (MASSAGE

ESTABLISHMENTS) AND ADDITION
OF CHAPTER 5.56 (MASSAGE

ESTABLISHMENTS) OF THE DESERT

HOT SPRINGS MUNICIPAL CODE
Chapter 17.160 (Massage Establishments) is hereby
repealed and replaced in its entirety with Chapter 5.56 (Massage Establishments) which shall read as follows:

Chapter 5.56 MASSAGE ESTABLISHMENTS

5.56.010 Title.

This chapter may be cited as the “Desert Hot Springs
Massage Establishment Ordinance.”

5.56.020 Purpose and intent.

A. Government Code sections 51030 et seq.
expressly provides authority for local regulation of
Massage Establishments. This Chapter also relies
upon the certification process of the California
Massage Therapy Council under California Business
and Professions Code sections 4600 et seq. In
addition, this Chapter provides certain minimum
standards for the operation of Massage
Establishments, their managing employees, and
massage therapists and practitioners.

B. The purpose and intent of this Chapter is to
provide for the orderly regulation of Massage
Establishments, as defined herein, and to prevent and

discourage the misuse of Massage Therapy as a front
for prostitution and related activities in violation of state law. It is in the interests of the public health, safety, and welfare to provide certain minimum
building, sanitation, and operation standards for such
businesses, and by requiring certain minimum
qualifications for the operators and practitioners of
such businesses.

5.56.030 Definitions.

For the purpose of this Chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth, shall have the following definitions:
“Administrative Hearing Officer” means the individual
who shall conduct administrative appeal hearings and
render decisions pursuant to the administrative appeal
procedures set forth in this Chapter.
“California Massage Therapy Council” or “CAMTC” shall
mean the California Massage Therapy Council as
established by the Massage Therapy Act, Chapter 10.5
of Division 2 of the Business and Professions Code.
“Certified Massage Professional” shall mean any
individual certified by the CAMTC as a “Certified
Massage Therapist” or “Certified Massage Practitioner”
as having met or exceeded the minimum educational
standards established by California Business and
Professions Code sections 4600 et seq. and having
passed all background checks required by the CAMTC.
“City” shall mean the City of Desert Hot Springs.
“Code” shall mean the City of Desert Hot Springs
Municipal Code.
“For Compensation” shall mean the exchange of
Massage Therapy for money, goods, or any other thing of value. A Massage Establishment or Person may not
avoid the requirements of this Chapter by offering free Massage Therapy in conjunction with other services or
goods provided to a Patron for compensation.
“Massage Establishment” shall mean any establishment
having a fixed place of business, including a Sole Proprietor, firm, association, partnership, limited liability company, corporation, joint venture, or combination thereof, that offers

Massage Therapy for compensation within the City.
“Massage Establishment” shall include the term “massage and/or bodywork office or establishment.” Any business or establishment that offers any combination of Massage
Therapy and bath facilities including, but not limited to, hotels, spas, showers, baths, wet and dry heat rooms, pools and hot tubs, shall be deemed a Massage Establishment
under this Chapter.
“Massage therapist” means any individual who has
obtained a permit as required by this chapter to engage in the practice of massage therapy for compensation.
“Massage Therapy” shall mean any method of pressure
on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus, or other appliances or devices, with or without such supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder,
cream, lotion, ointment, aromatherapy or other similar
preparations and techniques. For the purposes of this
Chapter, “Massage Therapy,” “massage,” and/or
“bodywork” will be used interchangeably.
“Operator” and/or “Massage Establishment Operator”
means a person, whether an Owner or non-Owner, who
manages or operates a Massage Establishment,
including, but not limited to, all Certified Massage
Professional performing Massage Therapy at a Massage
Establishment.
“Owner” and/or “Massage Establishment Owner” shall
mean any individual natural person, proprietorship,
partnership, firm, association, joint stock company,
corporation, organization, limited liability company, trust, or combination of individuals of whatever form or
character that owns, or has an equity interest in, or
shares a percentage of the Massage Therapy proceeds
with athe Massage Establishment.
“Patron” shall mean an individual on the premises of a
Massage Establishment for the purpose of receiving
Massage Therapy.
“Permit” or “Massage Establishment Permit” shall mean a permit required by this Chapter to operate a Massage
Establishment. Unless specifically provided in this
Chapter, Permits are not transferable.

“Person” and/or “Persons” shall include any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals. “Reception and Waiting Area” shall mean an area
immediately inside the main entry door of the Massage
Establishment dedicated to the reception and waiting of Patrons and Visitors of the Massage Establishment, and
which is not a Massage Therapy room or otherwise used
for the provision of Massage Therapy services.
“Sole Proprietorship” and/or “Sole Proprietor” shall mean a Massage Establishment where the owner owns 100
percent of the business, is the only person who provides Massage Therapy services for compensation for that
business, and has no other employees or independent
contractors.
“Visitor” shall mean any individual not retained or
employed by the Massage Establishment and not
receiving or waiting to receive Massage Therapy
services, but excluding law enforcement personnel or
governmental officials performing governmental
business.

5.56.040 CAMTC Certification Required.

A. It shall be unlawful for any individual to practice
Massage Therapy for compensation within the City
unless that individual is currently certified by the
CAMTC as a Certified Massage Professional in good
standing.

B. It shall be unlawful for any Massage
Establishment Owner or Operator within the City,
including hotels and spa facilities, to employ or retain any person to practice Massage Therapy for
compensation, or to allow any person to perform
Massage Therapy for compensation on the premises
of a Massage Establishment, unless the person is a
Certified Massage Professional in good standing, as
defined in this Chapter.

1. For purposes of this Chapter, an
Owner and/or Operator “employs or retains”
a person to practice Massage Therapy for
compensation if:

a. That person is a directly paid
employee of the Massage
Establishment; or
b. That person is an independent
contractor who receives
compensation for Massage Therapy
provided to Patrons of the Massage
Establishment; or
c. That person receives a referral
of Patrons from the Massage
Establishment and, at any time
before or after the referral, arranges
in any way for compensation to flow
to the Massage Establishment
Operator (whether or not the parties
acknowledge the same or record
such compensation in their financial
records).

C. Except as otherwise provided in this chapter,
no other permits or licenses are required for any
individual to practice Massage Therapy for
compensation within the City if that individual is
currently certified by the CAMTC as a Certified
Massage Professional in good standing.

5.56.050 Massage Establishment – Permit and Business
License Requirements.

A. Massage Establishment Permit required. It
shall be unlawful for any Person or Persons to own or
operate a Massage Establishment or permit the
operation of a Massage Establishment within the City
without first obtaining a Massage Establishment
Permit pursuant to the requirements of this Chapter.

This requirement is in addition to any other permit
requirements for hotels and spa facilities.

B. Business License required. It is unlawful for
any Person or Persons to own and operate a
Massage Establishment or permit the operation of a
Massage Establishment within the City without first
having procured a business license. This requirement
is in addition to any other license requirements for
hotels and spa facilities.

5.56.060 Sole Proprietors – Permit and Business License Requirements.

A. Business License required. It is unlawful for
any sole proprietor to provide massage therapy for
compensation within the City without first having
procured a business license.

B. Home Occupancy Permit Required. In addition
to the requirements of this section, it is unlawful for any sole proprietor to provide massage therapy for
compensation in his or her home located with the City
without first having procured a Home Occupancy
Permit pursuant to this code. A sole proprietor who
does not provide massage therapy for compensation
in his or her home is not required to procure a Home
Occupancy Permit.

5.56.070 Exemptions.

A. This Chapter shall not apply to the following
Person or Persons while engaged in the personal
performance of the duties of their respective
professions:

1. Physicians, surgeons, chiropractors,
osteopaths, acupuncturist, or physical
therapists who are duly licensed to practice
their respective professions in the state, or
any nurse or physical therapist working
under the supervision thereof, when
engaging in any massage therapy practice
or activity within the scope of such license;

2. Any individuals licensed to practice
the art of healing as defined under the
Business and Professions Code of the state
of California, while engaging in a practice
within the scope of their license;

3. Barbers, estheticians, and
cosmetologists who are duly licensed under
the laws of the State of California, while
engaging in practices within the scope of
their licenses;

4. Any employee of a California statelicensed hospital, nursing home, or other

state-licensed physical or mental health
facility while engaging in a practice within
the scope of their employment;

5. Accredited high schools, junior
colleges, or colleges or universities whose
coaches and trainers are acting within the
scope of their employment;

6. Trainers of any amateur,
semiprofessional or professional athlete or
athletic teams while engaging in their
training responsibilities for and with athletes
so long as such persons do not practice
Massage Therapy as their primary
occupation at any location where they
provide such services within the City; and

7. Accredited colleges or universities
that offer massage therapy programs
whose instructors and students are acting
within the scope of their employment or
within the scope of their curriculum.

B. Businesses that offer ancillary Massage
Therapy services are exempt from this Chapter,
subject to the requirements set forth below.

Ancillary services shall be those services
performed at a business where 15 percent or less
of the overall business operations are related to
provision of Massage Therapy services as
measured by the percentage of gross sales or
floor area devoted to provision of massage,
whichever is greater. Businesses to which this
exemption may apply include, but are not limited
to, health clubs, hotels, spas, and beauty salons.

1. Businesses that offer ancillary
Massage Therapy services must
comply with Sections 5.56.040,

5.56.210, and 5.56.230 of this Chapter.

5.56.080 Permit Application for Massage
Establishments.

All Owners of a Massage Establishment shall file an
application, signed under penalty of perjury, for a Massage Establishment Permit with the City Manager or his/her
designee. The application shall be accompanied by a

reasonable fee to be set by resolution. The application shall include the following information:

A. The legal name and any fictitious name of the
Massage Establishment, address, and telephone
number of the Massage Establishment.

B. The name, residence address and telephone
number, and business address and telephone number
of each Owner(s) applying for the Massage
Establishment Permit, along with a copy of a valid
government issued photo identification.

C. The form of business under which the
Owner(s) will be conducting the Massage
Establishment, i.e. corporation, general or limited
partnership, limited liability company or other form. If the Owner is a corporation, the name of the
corporation shall be set forth exactly as shown in its
articles of incorporation, together with the names and
residence address(es) of each of its officers,
directors, and each shareholder holding more than
ten percent (10%) of the stock of the corporation. If
the Owner is a general or limited partnership, the
application shall set forth the name and residence
address of each of its members. If one (1) or more of
the members is a partnership, limited liability
company, or corporation, the provisions of this section pertaining to partnership, limited liability company, or corporate Owner shall apply, as applicable.

D. The name and address of the owner of the real
property upon, in, or from which the Massage
Establishment is to be operated. In the event the
Owner is not the legal owner of the property, the
application shall be accompanied by a copy of a
written and signed lease between the Owner and the
property owner authorizing use of the premises as a
Massage Establishment, or, if no written lease exists,
a written, notarized acknowledgement from the
property owner that the property owner has been
advised that a Massage Establishment will be
operated upon, in, or from the property.

E. A description of the proposed Massage
Establishment, including the type of treatments to be
administered.

F. The name of each individual who the Massage
Establishment does or will employ or retain to perform
Massage Therapy for compensation, including
independent contractors.

G. For each person that the Massage
Establishment does or will employ or retain to perform
Massage Therapy, including independent contractors,
a copy of that person’s current CAMTC certification as
a Certified Massage Practitioner or Certified Massage
Therapist, and a copy of that person’s current
CAMTC-issued identification card.

H. The names and addresses of each Massage
Establishment Operator, if different than the Owner.

I. For each Owner(s) and Operator(s) of the
Massage Establishment who are a CAMTC-Certified
Massage Professional, a copy of his or her current
certification from the California Massage Therapy
Council as a Certified Massage Practitioner or as a
Certified Massage Therapist, and a copy of that
person’s current CAMTC-issued identification card.

J. For each Owner(s) and Operator(s) of the
Massage Establishment who are not a CAMTCCertified Massage Professional, the following information:

1. Whether the Owner(s) and
Operator(s) has within the five (5) years
immediately preceding the date of
application, been convicted in any of the
following offenses: California Penal Code
Section 266, 266a, 266e, 266f, 266g, 266h,
266i, 266j, 315, 316, 318, 647(b), or
653.22; California Health and Safety Code
Section 11054, 11055, 11056, 11057, or
11058; or any offense in a jurisdiction
outside of the State of California that is the
equivalent of any of the aforesaid offenses.

2. Whether the Owner(s) and
Operator(s) are currently required to
register under the provisions of Section 290
of the California Penal Code or any similar
mandatory registration law from another
state or federal jurisdiction.

3. The Owner(s) and Operator(s)’
business, occupation, and employment

history for five (5) years preceding the date
of application, and the inclusive dates of
same.

K. For any Owner(s) and Operator(s) who are not
a CAMTC-Certified Massage Professional, one (1) set
of fingerprints for each Owner and Operator in a form
satisfactory to the City Manager or his/her designee
and authorization to conduct the necessary
background investigations to determine the
truthfulness and correctness of the information
provided by Owner and Operator and to determine
whether the Owner or Operator is qualified pursuant
to this chapter to receive the requested permit. The
fingerprints shall be taken at a place designated by
the City Manager or his/her designee, and any
required fee for such fingerprinting shall be paid by
the Owner and/or Operator.

L. Whether any license or permit has ever been
issued to the Owner(s) and Operator(s) by any
jurisdiction under the provisions of any ordinance or
statute governing massage or somatic practice, and
as to any such license or permit, the name and
address of the issuing authority, the effective dates of such license or permit, whether such license or permit
was ever suspended, revoked, withdrawn, or denied.

Additionally, whether any massage certification has
been denied or revoked by an any organization
operating under statutory authority. Include copies of
any documentary materials relating to such denial,
suspension, revocation, withdrawal, or denial.

5.56.090 Land use and zoning requirements.

The Massage Establishment premises and property on
which the premises occupied by the Massage Establishment are located must conform to all applicable federal, state, and City land use and zoning requirements.

5.56.100 Notice to Property Owner.

Where the Owner for a Massage Establishment Permit is not the record owner as shown on the latest county recorder’s official records for the property upon, in, or from which the Massage Establishment is to be operated, then upon
issuance of the permit, the City Manager or his/her designee may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable

to the Massage Establishment and the property pursuant to this Chapter. Any other notices sent to the Operator
pursuant to this Chapter at any time before or after the issuance of the permit may also be sent to the property owner.

5.56.110 Issuance of a Massage Establishment
Permit.

A. Within thirty (30) days following receipt of a
completed permit application, the City Manager or
his/her designee shall inspect the Massage
Establishment and grant a Massage Establishment
Permit to an Owner who has satisfied the
requirements of this chapter and all other applicable
laws, including but not limited to, the City’s building, zoning, business, and health regulations and no
grounds for denial exist. The permit shall include, but not be limited to, the name of the Massage
Establishment, the address of the Massage
Establishment, the name(s) of the Operator(s) of the
Massage Establishment, the date of issuance of the
permit, the date of expiration of the permit, the permit number, a listing of the Certified Massage
Professionals registered and authorized to perform
Massage Therapy for the Massage Establishment,
and a listing of any other persons employed or
retained to work in any other capacity on the
premises, including independent contractors. The
permit shall be valid for a term of one (1) year from
the date of issuance, unless revoked or suspended as
provided herein.

B. Conditions of approval. If a Massage
Establishment Permit is approved, the City Manager
or his/her designee shall include such restrictions and conditions in the permit, as the City Manager or
his/her designee deems reasonable and necessary
under the circumstances to ensure compliance with
the purposes and intent of this Chapter.

C. It is unlawful for a Massage Establishment to
operate under any name or conduct business under
any designation not specified in the Massage
Establishment Permit issued pursuant to this Chapter.

D. No Massage Establishment permit shall be
sold, transferred, or assigned by the permittee or by
operation of law to any other Person. Any such sale,

transfer, assignment, attempted sale, attempted
transfer or attempted assignment shall constitute an
immediate revocation of the permit and the permit
shall thereafter be null and void. A new Owner and/or
Operator of a Massage Establishment must submit a
new application for a Massage Establishment permit.

It is unlawful for a Massage Establishment to continue
to operate following the sale or transfer of any interest in the Massage Establishment to a Person who was
not identified as an Owner or Operator in the
Massage Establishment permit application.

5.56.120 Change of Business Name or Location.

No Person permitted to operate a Massage Establishment
under this Chapter shall operate under any name or conduct business under any designation not specified in the
Massage Establishment Permit and City business license.

Upon change of location of a Massage Establishment where there is no change in Massage Establishment Owners or
Operator(s), an application for an amended Massage
Establishment Permit shall be filed with the City Manager or his/her designee, and such application shall be granted, provided all applicable provisions of this Chapter are
complied with as to the new location.

5.56.130 Requirement to Amend Permit Application.

Whenever the information provided in the application for a Massage Establishment Permit on file with the City changes (e.g. a change in employees), the Owner shall, within ten (10) business days after such change, file an amendment to the permit application with the City Manager or his/her designee. The amendment shall be accompanied by a fee
set by resolution. It shall be a violation of this Chapter for an Owner and/or Operator to allow, and person to perform,
Massage Therapy for compensation on the premises of a
Massage Establishment unless and until an amended permit has been issued by the City Manager or his/her designee.

5.56.140 Notifications.

A permittee shall immediately report to the City any of the following:

A. Arrests of any employees, contractors,
Owners, or Operators of the Massage Establishment.

B. Resignations, terminations, or transfers of any
Certified Massage Professionals employed by or
contracted with the Massage Establishment;

C. The occurrence of any event involving the
Massage Establishment or any Certified Massage
Professionals employed by the Massage
Establishment that constitutes a violation of this
Chapter or state or federal law.

5.56.150 Permit Renewal.

A Massage Establishment Permit issued pursuant to the
terms of this Chapter shall be valid for a term of one (1) year from the date of issuance. A permit that has not expired and has not been suspended or revoked pursuant to this Chapter may be renewed for another one-year period, on submittal of a written application and payment of an application fee to be set by resolution.

5.56.160 Permits Non-transferrable.

A. Massage Establishment Permits are nontransferable.

B. Upon a sale or transfer of any Massage
Establishment, or upon the sale or transfer of some or
all of the interest of any Owner to a person who is not already an Owner of the Massage Establishment, a
new Massage Establishment Permit shall be required,
in addition to any other permits, licenses, and
entitlements required by this code.

5.56.170 Denial of a Permit.

A. The City Manager or his/her designee may
deny a Massage Establishment Permit based on any
of the following grounds:

1. The Massage Establishment, as
proposed by the applicant, would not
comply with the requirements of this
chapter and/or with any applicable law,
including, but not limited to, the City’s
building, fire, zoning, and health
regulations.

2. The applicant, Operator, Owner, or
any officer or director thereof, has made
any false, misleading, or fraudulent
statement of material fact in the application
for a Massage Establishment permit.

3. The applicant, Operator, Owner, any
employee, any officer, or director of the
proposed Massage Establishment is
required to register under Section 290 of
the California Penal Code.

4. The applicant, Operator, Owner, any
officer, or director of the proposed
Massage Establishment has been
convicted of any offense involving sexual
misconduct with children.

5. Any Operator of the Massage
Establishment who is an individual has not
attained the age of 18 years.

6. The applicant, Operator, Owner, or
any officer or director thereof, has been
convicted in a court of competent
jurisdiction of having violated, or has
engaged in conduct constituting a violation
of California Penal Code Section 266, 266a,
266e, 266f, 266g, 266h, 266i, 266j, 315,
316, 318, 647(b), or 653.22, or conspiracy
or attempt to commit any such offense, or
any offense in a jurisdiction outside of the
State of California that is the equivalent of
any of the aforesaid offenses.

7. The applicant, Owner, Operator, or
any officer or director of a Massage
Establishment has been convicted of
offenses equivalent to those listed above
under the laws of another jurisdiction, even
if expunged.

8. The applicant, Owner, Operator, or
any officer or director of the Massage
Establishment has been convicted of a
violation of Health and Safety Code
Section 11550 or any offense involving the
possession or sale of a controlled
substance specified in Section 11054,
11055, 11056, 11057, or 11058 of the
Health and Safety Code or convicted of an
equivalent offense in any other state.

9. The operation of the Massage
Establishment at the proposed location
would be injurious to the health, safety, or
welfare of the community.

10. The applicant, Owner, Operator, or
any officer, or director of the Massage
Establishment has violated any provision
of this Chapter or any similar law, rule or
regulation of another public agency that
regulates the operation of Massage
Establishments.

11. Any Owner or Operator of the
Massage Establishment, within five years
immediately preceding the date of filing of
the application, has had a permit or license
to practice massage for compensation or to
own and/or operate a Massage
Establishment revoked or denied in any
jurisdiction, or had a massage certification
denied or revoked by any organization
operating under statutory authority.

B. If a Massage Establishment Permit is denied,
the City Manager or his/her designee shall serve on
the Owner(s) a written notice of denial specifying the
grounds for the denial and of the right to request a
hearing in regard thereto.

5.56.180 Appeal Hearing for Denial of Permit.

A. The Owner(s) shall have the right to appeal
from a decision by the City Manager or his/her
designee to deny a Massage Establishment Permit by
filing with the City Clerk a written notice of appeal,
specifying the grounds for such appeal, within ten (10) days after the decision has been served on the
Owner(s).

B. Such appeal shall be heard by an
Administrative Hearing Officer designated by the City
Manager or his/her designee, as follows:

1. All Administrative Hearing Officers
shall be impartial third parties and shall not
have any pecuniary interest or other bias in
the proceeding over which he or she is

presiding, nor any pecuniary interest or bias
in the outcome thereof.

2. The Owner(s) shall be given not less
than five (5) days written notice of the date,
time and location of appeal hearing.

3. The Administrative Hearing Officer
shall consider all relevant evidence at the
hearing, may continue the hearing, and
may require such evidence and legal
briefing as may be helpful in addressing
issues raised by the appeal. The
Administrative Hearing Officer shall not be
limited by the technical rules of evidence.

4. Not more than fifteen (15) days
following the conclusion of the hearing, the
Administrative Hearing Officer shall issue a
written decision as to whether the
application shall be granted or denied. The
written decision shall be served on the
Owner(s), with a copy served on the City
Manager or his/her designee. The written
decision of the Administrative Hearing
Officer shall be final and shall only be
subject to judicial review according to the
provisions and time limits set forth in Code
of Civil Procedure Section 1094.6.

5.56.190 Special Events
A. Subject to the requirements of this chapter,
Massage Therapists or Massage Establishments may
apply for a permit under this section to perform
massage therapy for compensation at special events.

The application form shall be provided by the City and
shall request the following information:

1. The name of the applicant;

2. The address of the special event;

3. A copy of the massage establishment
permit validly issued by the City pursuant to
this chapter, if applicable;

4. A list of the massage therapists who will
be working at the special event;

5. Copies of each massage therapist’s
CAMTC-issued identification card;

6. Copies of business licenses issued by
the City;

7. A declaration signed under penalty of
perjury by each participating massage
therapist that provides that he or she has
not been convicted of any of the following:

California Penal Code Section 266, 266a,
266e, 266f, 266g, 266h, 266i, 266j, 315,
316, 318, 647(b), or 653.22;

8. A declaration signed under penalty of
perjury by each participating massage
therapist that provides that he or she has
not been convicted in any other state of any
offense which, if committed or attempted in
this state, would have been punishable as
one or more of the offenses set forth in
California Penal Code Section 266, 266a,
266e, 266f, 266g, 266h, 266i, 266j, 315,
316, 318, 647(b), or 653.22;

9. A declaration signed under penalty of
perjury by each participating massage
therapist that provides that the applicant is
not required to register as a sex offender as
set forth in California Penal Code Section
290;

10. A declaration signed under penalty of
perjury by each participating massage
therapist that provides that he or she has
not been convicted of any felony offense
involving the sale of any controlled
substance specified in California Health and
Safety Code Section 11054, 11055, 11056,
11057, or 11058; and

11.A declaration signed under penalty of
perjury by each participating massage
therapist that provides that he or she has
not been convicted in any other state of any
offense which, if committed or attempted in
this state, would have been punishable as a
felony offense involving the sale of any
controlled substance specified in California

Health and Safety Code Section 11054,
11055, 11056, 11057, or 11058.

B. All of the above information shall be submitted
to the City at least 14 calendar days before the date
of the special event.

C. The applicant shall pay an application deposit
fee in an amount as established from time to time by
the city council, for each one-day permit at the time of filing an application pursuant to this section. If
additional funds are necessary to cover the above
costs, the applicant shall pay such additional costs to the city manager before further processing of the
application may proceed. Any unused portion of the
deposit shall be refunded to the applicant.

D. Grounds for denial of the special event permit
shall include any of the grounds for denial set forth in Section 5.56.170.

E. The decision of the city manager or designee
shall be final.

F. Nothing in this section shall be construed to
permit such massage therapist to perform or conduct
any massage therapist at any other location in the city at any other time, unless such massage therapist has
obtained a validly is sued massage therapist permit
pursuant to this chapter.

G. Special event permittees, including
independent contractors, must obtain a business
license.

H. Special events are subject to special use
permits, as applicable in this code.

5.56.200 Regulations Applicable to the Operation of
Massage Establishments.

A. Operational Requirements.Except as otherwise
specifically provided in this Chapter, the following
operational requirements shall be applicable to all
Massage Establishments located within the City:

1. Massage Establishments shall comply
with all applicable Code requirements,

including, but not limited to, obtaining a
business license.

2. No Massage Establishment shall be
open for business between the hours of 8:00
p.m. and 9:00 a.m. A massage begun any time
before 8:00 p.m. must nevertheless terminate
at 8:00 p.m. The hours of operation shall be
displayed in a conspicuous place in the
Reception and Waiting Area and in any front
window clearly visible from outside of the
Massage Establishment. Patrons shall be
permitted in the Massage Establishment only
during the hours of operation.

3. During the hours of operation, Patrons
shall be permitted in Massage Therapy rooms
only if at least one (1) duly authorized Certified
Massage Professional is present on the
premises of the Massage Establishment.

Patrons shall not be permitted in any employee
break room.

4. During the hours of operation, Visitors
shall not be permitted in any Massage Therapy
room except:
a. As a parent or guardian of
a Patron who is a minor child;
b. As a minor child of a
Patron where necessary for the
supervision of the child; or
c. As a conservator, aid, or
other caretaker of a Patron who
is elderly or disabled.

5. Except as otherwise provided herein,
Visitors shall not be permitted in Massage
Therapy rooms, break rooms, dressing rooms,
showers, or any other room or part of the
Massage Establishment premises other than
the Reception and Waiting Area or the
restroom.

6. A list of services, the length of services,
and the cost of such services shall be posted in
an open and conspicuous public place on the
premises, or provided to Patrons before
services are rendered. No Massage
Establishment Owner or Operator shall permit,

and no person employed or retained by the
Massage Establishment, including independent
contractors, shall perform or offer to perform,
any services or request or demand any fees
other than those posted.

7. No Massage Establishment shall place,
publish or distribute, or cause to be placed,
published or distributed, any advertising
material that depicts any portion of the human
body that would reasonably suggest to
prospective clients that any service is
available other than those services listed as
an available service, nor shall any Massage
Establishment employ language in the text of
advertising that would reasonably suggest to a
prospective client that any service is available
other than those services as described in
compliance with the provisions of this
Chapter.

8. Each Massage Establishment shall
require all Patrons to sign in with their full
name and the date of their visit before
receiving service. Any person practicing
Massage Therapy in the Massage
Establishment shall be required to notify the
Desert Hot Springs Police Department of a
Patron who solicits or attempts to solicit
prostitution at the Massage Establishment.

9. Each holder of a Massage
Establishment Permit shall display that permit
in an open and conspicuous place on the
premises visible from the entrance and/or
Reception and Waiting Area of the Massage
Establishment. Any person who practices
Massage Therapy shall carry with them their
CAMTC issued certification card at all times
while on the premises of a Massage
Establishment for the purpose of practicing
Massage Therapy.

10. The name of the Operator must be
posted in an open and conspicuous place on
the premises visible from the entrance and/or
Reception and Waiting Area of the Massage
Establishment. It is unlawful for an Owner to
not have an Owner or Operator on the

premises at all times the Massage
Establishment is open.

11. It is unlawful for an Owner and/or
Operator to operate a Massage Establishment
in which any unprofessional conduct occurs as
defined by Business and Professions Code
section 4609.

12. Each Massage Establishment shall
provide an updated employee roster or list,
which shall include independent contractors,
on a monthly basis to the City. Copies of such
roster or list must be produced to the City upon
request.

13. No alcoholic beverages shall be
sold, served, or furnished to any Patron;
nor shall any alcoholic beverages be kept,
possessed, or consumed on the premises
of the Massage Establishment.

14. No person shall enter, be or remain
in any part of a Massage Establishment
while in possession of an open container of
alcohol, or while consuming or using any
alcoholic beverages, marijuana, or
controlled drugs except pursuant to a
prescription for such drugs. The Owner
and/or Operator shall not permit any such
person, or any person who is clearly
intoxicated, to enter or remain upon the
premises.

B. Physical Facility and Building Code
Requirements. Except as otherwise specifically
provided in this Chapter, the following physical and
building code requirements shall be applicable to all
Massage Establishments located within the City:

1. One main entry door shall be provided
for Patron entry to the Massage Establishment,
which shall open to an interior Reception and
Waiting Area. All Patrons and any persons
other than individuals employed or retained by
the Massage Establishment, including
independent contractors, shall be required to
enter and exit through the main entry door.

Unless the Massage Establishment is a Sole
Proprietorship or employs or retains only one
employee, the main entry door shall be
unlocked at all times during business hours.

2. No Massage Establishment located in a
building or structure with exterior windows
fronting a public street, highway, walkway, or
parking area shall block visibility into the
interior Reception and Waiting Area through
the use of curtains, closed blinds, tints, or any
other material that obstructs, blurs, or
unreasonably darkens the view into the
premises.

3. All interior doors, including doors used to
enter or exit a Massage Therapy room, shall
not have any locking mechanisms. A door
leading from the Reception and Waiting Area
to Patron areas, if any, shall not have any
locking mechanism or be capable of being
locked or blocked to prevent entry, in any
manner. Restrooms may have a door capable
of locking.

4. Minimum lighting equivalent to at least
one (1) 40-watt light shall be provided in each
Massage Therapy room, restroom, hallways,
and Reception and Waiting Area.

5. A minimum of one ADA compliant and
handicap accessible toilet and washbasin shall
be provided in every Massage Establishment.

6. A massage table shall be used for all
Massage Therapy, with the exception of “Thai,”
“Shiatsu,” and similar forms of Massage
Therapy, which may be provided on a padded
mat on the floor, provided the Patron is fully
clothed. Massage Therapy tables shall have a
minimum height of eighteen (18) inches.

7. Beds, sofa beds, floor mattresses, and
waterbeds are not permitted on the premises of
the Massage Establishment, and no Massage
Establishment shall be used for residential or
sleeping purposes.

8. All locker facilities that are provided for
the use of Patrons shall be fully secured for the
protection of the Patron’s valuables, and each
Patron shall be given control of the key or other
means of access.

9. Minimum ventilation shall be provided in
accordance with the Building Code of the City.

10. All restrooms or washbasins shall be
provided with hot and cold running water, soap,
and single-service towels in wall-mounted
dispensers.

11. The Massage Establishment shall
comply with all applicable state and local
building standards and requirements, and the
fire code.

12. Except as otherwise provided in the
Code, all plumbing and electrical installations
shall be installed under permit and inspection
of the building inspection department and such
installations shall be installed in accordance
with the California Building Code and the
California Plumbing Code.

5.56.210 Health and Safety Requirements.

A. Health and Safety Requirements. Except as
otherwise specifically provided in this Chapter, the
following health and safety requirements shall be
applicable to all Massage Establishments located
within the City:

1. The Massage Establishment shall at all
times be equipped with an adequate supply of
clean, sanitary towels, coverings, and linens,
and all massage tables shall be covered with a
clean sheet or other clean covering for each
Patron. After a towel, covering, or linen has
been used once, it shall be deposited in a
closed receptacle, and not used again until
properly laundered and sanitized. Clean
towels, coverings, and linens shall be stored in
closed, clean cabinets when not in use. Heavy
white paper may be used in lieu of towels,
coverings, or linen, provided that the paper is

used once for each Patron and then discarded
into a sanitary receptacle.

2. All Massage Therapy rooms or cubicles,
wet and dry heat rooms, restrooms, shower
compartments, hot tubs, and pools shall be
thoroughly cleaned and disinfected as needed,
and at least once each business day when the
premises have been or will be open and such
facilities are in use. All bathtubs shall be
thoroughly cleaned and disinfected after each
use.

3. The walls in all rooms where water or
steam baths are given shall have washable,
mold-resistant surfaces.

4. All liquids, creams, or other preparations
used on or made available to Patrons shall be
kept in clean and closed containers, and
according to the instructions for storage and
use. Powders may be kept in clean shakers. All
bottles and containers shall be distinctly and
correctly labeled to disclose their contents.

When only a portion of a liquid, cream, or other
preparation is to be used on or made available
to a Patron, it shall be removed from the
container in such a way so as to not
contaminate the remaining portion.

5. Disinfecting agents and sterilizing
equipment shall be provided for any
instruments used in performing acts of
Massage Therapy, and said instruments shall
be disinfected and sterilized after each use.

6. Pads used on massage tables shall be
covered with durable, washable plastic or other
acceptable waterproof material.

7. All bathrobes, bathing suits, and/or other
garments that are provided for the use of
Patrons shall be either fully disposable and not
used by more than one (1) Patron, or shall be
laundered after each use.

8. All combs, brushes, and/or other
personal items of grooming or hygiene that are
provided for the use of Patrons shall be either

fully disposable and not used by more than one
(1) Patron, or shall be fully disinfected after
each use.

9. No Patrons shall be allowed to use any
shower facilities of the Massage Establishment
unless such Patrons are wearing slip-resistant
sandals or flip-flops while in the shower
compartment. All footwear such as sandals or
flip-flops that are provided for the use of
Patrons shall be either fully disposable and not
used by more than one (1) Patron, or shall be
fully disinfected after each use.

10. The Patron’s genitals, pubic area,
anus, and areola must be fully covered at all
times while any individual employed or retained
by the Massage Establishment to practice
Massage Therapy for compensation, including
independent contractors, or any other
employee or Operator of the Massage
Establishment, is in the Massage Therapy
room or cubicle with the Patron. No Massage
Therapy shall be provided to a Patron that
results in contact with genitals, pubic area,
anus, or areola of the Patron. No Massage
Therapy shall be provided to a Patron that
results in the contact of female breasts without
the written consent of the Person receiving the
Massage Therapy and a referral from a
licensed California health care provider.

11. No alcoholic beverages shall be
sold, served, or furnished to any Patron;
nor shall any alcoholic beverages be kept,
possessed, or consumed on the premises
of the Massage Establishment.

12. No person shall enter, be or remain
in any part of a Massage Establishment
while in possession of an open container of
alcohol, or while consuming or using any
alcoholic beverages, marijuana, or
controlled drugs except pursuant to a
prescription for such drugs. The Owner
and/or Operator shall not permit any such
person, or any person who is clearly
intoxicated, to enter or remain upon the
premises.

B. Attire and Physical Hygiene Requirements.

The following attire and physical hygiene
requirements shall be applicable to all employees and
any other persons who work permanently or
temporarily on the premises of the Massage
Establishment within the City, including, but not
limited to, all persons who are employed or retained
to practice Massage Therapy or bodywork for the
Massage Establishment, including independent
contractors:

1. No person shall dress in:
a. attire that is transparent,
see-through, or substantially
exposes the person’s
undergarments;
b. swim attire, unless
providing a water-based
massage modality approved by
the CAMTC;
c. a manner that exposes the
person’s breasts, buttocks, or
genitals;
d. a manner that constitutes a
violation of Section 314 of the
California Penal Code.

2. No Massage Establishment Owner,
Operator, employee, or Visitor shall, while on
the premises of a Massage Establishment and
while in the presence of any Patron, customer,
employee or Visitor, expose his or her pubic
areas, areola, breasts, buttocks, or genitals.

3. All persons shall thoroughly wash their
hands with anti-bacterial soap and water or any
equally effective cleansing agent immediately
before providing Massage Therapy to a Patron.

No Massage Therapy shall be provided upon a
surface of the skin or scalp of a Patron where
such skin is inflamed, broken (e.g. abraded or
cut), or where a skin infection or eruption is
present.

5.56.220 Change of On-Site Manager

It shall be unlawful for a massage establishment to change its on-site manager without submitting a new massage
establishment permit application pursuant to this chapter.

5.56.230 Additional Regulations
A. No massage therapist, patron, or any other
person present where massage therapy services
are being offered or performed shall:

1. Expose the genitals, anus, or areola of
any person before, during, or after massage
therapy.

2. Touch or expose or cause to be
touched, or exposed the genitals, anus, or
areola of any person before, during, or after
massage therapy.

3. Permit a patron to touch, expose, or
view the genitals, anus, or areola of any person
before, during, or after massage therapy.

4. Offer or provide massage therapy for
compensation while under 18 years of age.

5. Provide massage therapy while his or
her CAMTC certification is suspended or
revoked.

6. Engage in sexually suggestive
advertising related to massage therapy
services.

7. Engage in any form of sexual activity.

5.56.240 Massage Establishment Inspection.

A. Any and all investigating officials of the City
shall have the right to enter Massage Establishments
from time to time during regular business hours to
make reasonable inspections and observe and
enforce compliance with building, fire, electrical,
plumbing or health regulations, and this Code.

B. The Massage Establishment Owner and
Operator shall take immediate action to correct each
violation noted by the City.

5.56.250 Revocation and Suspension of Permits.

In addition to any other remedy available to the City under this Code or state law, a Massage Establishment Permit may be suspended or revoked by the City Manager or his/her
designee. Upon suspension or revocation, the Massage
Establishment shall immediately cease operation. If so
ordered by the City Manager or his/her designee, no other Massage Establishment shall be permitted to operate at that location by the same Owner and/or Operator for a period of not less than one (1) year. If the Owner is not also the legal owner of the real property on which the Massage
Establishment is situated, notice of such suspension or revocation and the one-year prohibition, if any, shall be provided by the City Manager or his/her designee to the owner of record of the property as shown on the latest
county recorder’s official records.

Notwithstanding any other provision of this Chapter, where a notice of revocation or suspension has been issued to the Owner of a Massage Establishment, the City Manager or
his/her designee shall not process or grant an application for a Massage Establishment Permit for a new Massage
Establishment at the same premises unless and until such notice is dismissed, or a final determination is made that the permit is not or should not be revoked or suspended, or any prohibition period has expired.

A. Grounds for Revocation and Suspension.

All Massage Establishment Owners and Operators
shall be deemed to know and understand the requirements and prohibitions of this Chapter. The Massage
Establishment Owner(s) and Operator(s) shall be
responsible for the conduct of all Massage Establishment employees, agents, independent contractors, and other
representatives, while on the premises of the Massage
Establishment.

Any Massage Establishment Permit may be
suspended or revoked by the City Manager or his/her
designee after a hearing, where it is found by a
preponderance of the evidence that any of the following have occurred, on even a single occasion:

1. The person(s) to whom the Massage
Establishment Permit was issued, or any
person employed or retained by the

Massage Establishment, including an
independent contractor, has been found to
have violated any provision of this Chapter
or this Code; or

2. The permittee, Owner, Operator, or
any person employed or retained by the
Massage Establishment, including an
independent contractor, has been convicted
in a court of competent jurisdiction of
having violated, or has engaged in conduct
constituting a violation of California Penal
Code Section 266, 266a, 266e, 266f, 266g,
266h, 266i, 266j, 315, 316, 318, 647(b), or
653.22, or conspiracy or attempt to commit
any such offense, or any offense in a
jurisdiction outside of the State of California
that is the equivalent of any of the aforesaid
offenses; or

3. The permittee, Owner, Operator, or
any person employed or retained by the
Massage Establishment, including an
independent contractor, is required to
register under Section 290 of the California
Penal Code; or

4. The permittee, Owner, Operator, or
any person employed or retained by the
Massage Establishment, including an
independent contractor, has been convicted
in a court of competent jurisdiction of
having violated California Health and Safety
Code Section 11054, 11055, 11056, 11057,
or 11058; or

5. The permittee, Owner, Operator, or
any person employed or retained by the
Massage Establishment, including an
independent contractor, has been convicted
of any offense involving sexual misconduct
with children; or

6. The permittee, Owner or Operator
has been subject to a permanent injunction
against the conducting or maintaining of a
nuisance pursuant to this Code, or Section
11225 through 11235 of the California
Penal Code, or any similar provision of law

in any jurisdiction outside of the State of
California; or

7. The permittee, Owner or Operator or
any person employed or retained by the
Massage Establishment, including an
independent contractor, has engaged in
fraud or misrepresentation or has made a
misstatement of material fact while working
in or for the Massage Establishment; or

8. The permittee, Owner or Operator
has continued to operate the Massage
Establishment after the Massage
Establishment Permit has been suspended;
or

9. Massage Therapy is or has been
performed on the premises of the Massage
Establishment, with or without the
permittee, Owner or Operator’s actual
knowledge, by any person who is not a duly
authorized Certified Massage Professional;
or

10. There have been one or more acts
prohibited under California Penal Code
Sections 266, 266a, 266e, 266f, 266g,
266h, 266i, 266j, 315, 316, 318, 647(b), or
653.22 taking place on the premises of the
Massage Establishment, whether or not any
criminal prosecution has been pursued or
conviction obtained for such acts, and
whether or not they occurred with or without
the actual knowledge of the permittee; or

11. The permittee, Owner, Operator, or
any person employed or retained by the
Massage Establishment, including an
independent contractor, has engaged in
conduct prohibited by the CAMTC in
section 4609 of the California Business and
Professions Code; or

12. The permittee, Owner, Operator, or
any person employed or retained by the
Massage Establishment, including an
independent contractor, or any other person
on the premises of the Massage

Establishment, has engaged in conduct or
committed acts that a reasonable person in
the Patron’s position would understand as
an offer to perform on or engage in with the
Patron acts that are sexual in nature or that
involve touching of the patron’s genitals,
pubic area, anus, and/or areola.

B. Notice of Revocation or Suspension.

The City Manager or his/her designee, before
revoking or suspending any Massage Establishment Permit, shall provide the Owner with written notice of the alleged grounds for suspension or revocation and of a right to
request a hearing in regards thereto.

C. Appeal Hearing and Notice of Decision.

1. The Owner(s) shall have the right to
appeal from a decision by the City Manager
or his/her designee to suspend or revoke a
Massage Establishment Permit by filing
with the City Clerk a written notice of
appeal, specifying the grounds for such
appeal, within ten (10) days after the
decision has been served on the Owner(s).

2. Such appeal shall be heard by an
Administrative Hearing Officer designated
by the City Manager or his/her designee, as
follows:
a. All Administrative Hearing
Officers shall be impartial third
parties and shall not have any
pecuniary interest in the proceeding
over which he or she is presiding,
nor any pecuniary interest in the
outcome thereof.
b. The Administrative Hearing
Officer shall hear the appeal within
ninety (90) days after the notice of
appeal is received by the City Clerk.

The Owner(s) shall be given not less
than fifteen (15) days written notice
of the date, time and location of
appeal hearing.
c. The Administrative Hearing
Officer shall consider all relevant
evidence at the hearing, may

continue the hearing, and may
require such evidence and legal
briefing as may be helpful in
addressing issues raised by the
appeal. The Administrative Hearing
Officer shall not be limited by the
technical rules of evidence.
d. Not more than thirty (30) days
following the conclusion of the
hearing, the Administrative Hearing
Officer shall issue a written decision
as to whether the application shall be
granted or denied. The written
decision shall be served on the
Owner(s) as provided in Code of
Civil Procedure Section 1094.6, with
a copy served on the City Manager
or his/her designee. The written
decision of the Administrative
Hearing Officer shall be final and
shall only be subject to judicial
review according to the provisions
and time limits set forth in Code of
Civil Procedure Section 1094.6.

5.56.260 Enforcement and Penalty for Violation.

A. Any Massage Establishment operated,
conducted, or maintained contrary to the provisions of
this Chapter shall be, and is hereby declared to be,
unlawful and a public nuisance, and the City may, in
addition to or in lieu of prosecution in a criminal action under this Chapter, commence any action or
proceedings for the abatement, removal, and
enjoinment thereof, in the manner provided by law,
and shall take such other steps, and shall apply to
such courts or court as may have jurisdiction to grant
such relief as will abate or remove such Massage
Establishment, and restrain and enjoin any person
from operating, conducting, or maintaining a Massage
Establishment contrary to the provisions of this
Chapter.

B. Cumulative Remedies. The remedies provided
herein are not exclusive, and in the event of any
violation of this chapter, the City may pursue any and
all administrative, civil, and criminal remedies, as

provided by law or equity, including all remedies
under Title 4 of this code.

C. Unless otherwise exempted by the provisions
of this Chapter, every person, whether acting as an
individual, Owner, Operator, employee of or person
retained by the Owner or Operator, including an
independent contractor, or whether acting as a mere
helper for the Owner or Operator, or whether acting
as a participant or worker in any way, who practices
Massage Therapy or operates a Massage
Establishment in violation of this Chapter, shall be
guilty of a misdemeanor, punishable by up to six (6)
months in county jail and/or a fine of up to $1,000.00; however, the City attorney may reduce the penalty to
an infraction as follows:

1. $100.00 for the first offense;

2. $200.00 for the second offense; and

3. $1,000.00 for each offense
thereafter.

D. Any massage establishment operated,
conducted, or maintained contrary to the provisions of
this code shall be unlawful and a public nuisance, and
the City may commence an action or actions,
proceeding or proceedings, for the abatement,
removal and enjoinment thereof, in a manner
provided by law.

E. A separate offense occurs for each day during
any part of which any violation of, or failure to comply with, any provision of this Chapter is committed,
continued, maintained, or allowed.

5.56.270 Applicability to existing Massage
Establishments.

A. Retroactive. It is the express intent of the City
that the provisions of this Chapter shall apply to all
current Massage Therapists, Massage
Establishments, and Owners.

B. Any current Owner of a Massage
Establishment on the effective date of the ordinance
codified in this Chapter pursuant to a valid City-issued business license shall be required to obtain a City
Massage Establishment Permit within six (6) months
from the effective date of the ordinance codified in this

Chapter, or earlier upon revocation of the business
license. Failure to do so shall be a violation of this
Chapter and subject to the penalties herein.

C. Any current individual who provides Massage
Therapy for compensation within the City shall be
required to obtain certification by the CAMTC as a
Certified Massage Professional in good standing
within six (6) months from the effective date of the
ordinance codified in this Chapter. Failure to do so
shall be a violation of this Chapter and subject to the penalties herein.

5.56.280 Severability.

If any section, subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. In addition, the City council hereby declares that it would have passed the
ordinance codified in this Chapter, and each and every
section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of this Chapter would be subsequently declared invalid or unconstitutional.

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

Section 4. 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 5. EXECUTION AND CERTIFICATION
That the City Clerk is directed to do all things
necessary to cause the execution of this ordinance

immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be
published according to law.

Section 6. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days
after its second reading by the City Council.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

SR-22-244
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 15, 2022
Department: City Manager
Prepared by: Christina Newsom, Compliance Manager
Subject: An Ordinance Adding Chapter 8.48 Tenant Relocation Assistance to the Desert Hot Springs Municipal Code.

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 from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Introduce for First Reading and read by title only: "An Ordinance of the City Council of the City of Desert Hot Springs adding Chapter 8.48 (Tenant Relocation Assistance) to the Desert Hot Springs Municipal Code."
BACKGROUND:

The Proposed Tenant Relocation Ordinance is designed to give aid to tenants displaced from their homes due to code violations that are so extensive and of such a nature that the immediate health and safety of the tenants is endangered, and such violations are not the fault of the tenants'. The Proposed Ordinance will help the displaced tenants receive financial assistance for relocation, whether from the property owner or the City of Desert Hot Springs.

When residential units or structures in the City of Desert Hot Springs have severe code violations that are so extensive and extreme that they threaten the health and safety of tenants, the units or structures must generally be vacated to allow for repairs to take place.

Tenants who are forced to relocate experience financial hardship, often including payment of the first and last month's rent, deposits, moving expenses, and utility deposits for a new residence. Low-income tenants are typically unable to pay such sums and, as a result, are at greater risk of becoming unhoused.

Per California Health and Safety Code section 17975, any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the

SR-22-244
vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner.

Further, the California Health and Safety Code section 17975 et seq. sets forth conditions under which a property owner or designated agent must pay relocation benefits to displaced tenants, and the delayed payment of relocation benefits by the property owner or designated agent may impose extreme hardship upon tenants who then must themselves obtain the large sums of money necessary to relocate.

Finally, California Health and Safety Code Section 17975.5 authorizes the City to adopt an ordinance that allows the City, at its sole discretion, to advance relocation assistance to tenants where the property owner, or designated agent, fails, neglects, or refuses to pay relocation benefits to displaced tenants.

The City may subsequently collect from the property owner any amount paid to such displaced tenants, along with an additional penalty amount, which shall not exceed ten thousand dollars ($10,000.00).

FISCAL IMPACT:

The funding for the advance of relocation assistance to tenants in available in the Housing Authority Fund (700). Currently, that fund has over $1,452,000 available for use.

ENVIRONMENTAL ANALYSIS:

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

ATTACHMENTS:

Exhibit 1 - Tenant Relocation Ordinance

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS ADDING CHAPTER 8.48 (TENANT RELOCATION

ASSISTANCE) TO THE DESERT HOT SPRINGS MUNICIPAL CODE
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, some residential units or structures in the City have severe code violations which are so extensive and extreme that they threaten the health and safety of tenants and require the units or structures to be vacated to allow for repairs to take place; and
WHEREAS, California Health and Safety Code section 17975 requires property owners or designated agents to pay certain relocation expenses when the need to relocate arises from code violations which are so extensive and of such a nature that the immediate health and safety of the tenants is endangered; and WHEREAS, tenants who are forced to relocate experience financial hardship, often including payment of first and last month's rent, deposits, moving expenses and utility deposits for a new residence. Low-income tenants are typically unable to pay such sums and, as a result, are at great risk of becoming homeless; and WHEREAS, California Health and Safety Code sections 17975 et seq. sets forth conditions under which a property owner or designated agent must pay relocation benefits to displaced tenants; and
WHEREAS, the delayed payment of relocation benefits by the property owner or designated agent may impose extreme hardship upon tenants who then must themselves obtain the large sums of money necessary to relocate. Any requirement to pay relocation benefits should contain disincentives for delayed payment in the form of appropriate penalties; and
WHEREAS, California Health and Safety Code Section 17975.5 authorizes the City to adopt an ordinance that allows the City at its sole discretion, to advance relocation assistance to tenants where the property owner, or designated agent, fails, neglects, or refuses to pay relocation benefits to displaced tenants and to subsequently collect from the property owner any amount paid to such displaced tenants, along with an additional penalty amount, which shall not to exceed ten thousand dollars ($10,000.00.); and
WHEREAS, the City Council finds that the adoption of this Ordinance is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment; and

WHEREAS, this Ordinance protects the public health, safety and welfare.

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

Section 1. RECITALS.

The Recitals are hereby incorporated by this reference.

Section 2. ADDITION OF CHAPTER 8.48 (TENANT RELOCATION

ASSISTANCE) TO THE DESERT HOT SPRINGS MUNICIPAL
CODE
Chapter 8.48 (Tenant Relocation Assistance) is hereby added and which shall read in its entirety as follows:

Chapter 8.48 TENANT RELOCATION ASSISTANCE

8.48.010 Purpose
The City Council recognizes the need to protect long-term tenants and tenant households from the adverse health, safety and economic impacts of displacement. It is the purpose and intent of the City Council to enact this Chapter to clarify the process to address conditions in residential units or structures that constitute an immediate threat to the health and safety of tenants.

8.48.020 Definitions
For the purpose of this chapter, the following definitions apply:
“City” means the City of Desert Hot Springs.
"Displaced tenant" means a tenant that is ordered to move out of a residential unit or structure by an order to vacate issued by the City or another enforcement agency. "Order to vacate" means the first notice sent by an authorized City official to the property owner and posted on the affected property declaring that, due to a failure to repair or maintain, the unit or structure must be vacated. "Property owner" means the owner of the residential unit or structure at the time the order to vacate is issued, as shown on the last equalized assessment roll, and any successor in interest.
"Residential unit or structure" means any dwelling, apartment, room or place which is the place of permanent or customary and usual abode of any person or household.

Residential unit or structure shall include mobile homes located in mobilehome parks, provided that the City has assumed enforcement authority over such parks from the State Department of Housing and Community Development. Residential unit or structure shall include hotels, motels, or similar buildings or structures which rent some, or all, rooms or units to tenants.

"Tenant" means any resident of a residential unit or structure within the City and who is a tenant as that term is used in California Civil Code Sections 1940 et seq. "Vacation date" means the date by which a tenant is required to vacate a residential unit or structure, pursuant to an order by an authorized city official.

8.48.030 Eligibility for relocation benefits
A. A tenant shall be eligible for relocation assistance and payments pursuant to this chapter and Health and Safety Code Sections 17975 et seq. when the City, in its sole discretion, determines that the condition of a residential unit or structure is such that the immediate health and safety of the tenant is endangered.

B. Exceptions: A tenant shall not be eligible for relocation assistance and payments under the following conditions:

1. Within twenty-nine (29) days from the vacation date, the tenant is offered the right to return to the rehabilitated unit or structure upon clearance by the appropriate City official. The tenant may still assert his/her rights and remedies under the law to recover its losses and damages for the period in which it was required to vacate the premises;

2. The property owner provides a replacement dwelling of comparable size and appurtenances to the tenant;

3. The tenant has caused or substantially contributed to the condition giving rise to the order to vacate or unreasonably prevented the property owner or designated agent from undertaking maintenance or repairs that would have prevented or rectified the code violation. Nor shall any relocation benefits be payable to a tenant if any guest or invitee of the tenant has caused or substantially contributed to the condition giving rise to the order to vacate, as determined by the City. The City shall make the determination whether a tenant, tenant's guest, or invitee caused or substantially contributed to the condition, giving rise to the order to vacate;

4. If the residential unit or structure becomes unsafe or hazardous as a result of a natural disaster or act of God;

5. If the residential unit or structure is operated as an emergency or temporary shelter for homeless persons (whether such persons have assigned rooms or beds, and regardless of duration of stay by any occupant) by a nonprofit organization or public agency owning, leasing, or managing such dwelling unit; or

6. The tenant is in default in payment of rent, unless rent is being lawfully withheld by the tenant.

C. The City Manager or designee shall have the sole discretion to determine the amount, type and duration of the relocation benefits pursuant to this Chapter and Health and Safety Code Sections 17975 et seq. The City Manager or designee shall make a determination based on the provisions of this Chapter, any rules and regulations adopted pursuant to this Chapter, and the factual information submitted by the parties or otherwise readily available and shall serve his or her written

determination by first-class mail, postage prepaid, to the tenant and to the property owner’s address as shown on the last equalized assessment roll.

8.48.040 Payment of relocation benefits by the City
A. In the event the property owner or designated agent fails, neglects or refuses to pay relocation benefits as required by this Chapter to a displaced tenant, the City may, at its sole discretion, and within budgetary limitations, opt to make payment of such relocation benefits as necessary to assist the displaced tenant to relocate, up to the amount payable by the property owner under this chapter and Health and Safety Code Section 17975.2.

B. The City may recover from the property owner any amount paid to a tenant pursuant to this Chapter. As a penalty for failure to make a timely payment to the displaced tenant, the City shall also be entitled to recover from the property owner an additional amount, not to exceed ten thousand dollars ($10,000.00), which is equal to one-half (½) the amount so paid. The City shall also be entitled to recover from property owner its actual costs (including direct and indirect costs) of administering the provision of benefits to the displaced tenant.

C. Any amount paid by the City and any applicable penalties and administrative costs shall be a personal obligation of the property owner and may be recorded as a lien against the property with the county recorder if the property owner fails to pay the City.

D. Nothing contained in this Chapter shall require the City to pay any relocation benefits to any tenant, or to assume any obligation, requirement, or duty of the property owner or designated agent pursuant to this Chapter.

8.48.050 Recovery of relocation benefits by the City
A. Prior to instituting any action to collect relocation payments from the property owner or to record a lien pursuant to this Chapter, the City shall send to the property owner by first-class mail, postage prepaid, at the property owner's address as shown on the last equalized assessment roll, an itemized accounting of all benefits paid by the City to the property owner's tenants, and any penalties or costs the City is seeking to recover.

B. If the property owner contends that not all of the benefits are chargeable to the property owner because the recipients were not displaced tenants, or on other relevant grounds, the property owner or designated agent shall submit a written appeal to the City within twenty (20) days after receipt of the itemized accounting.

The City shall hold an administrative hearing for the purpose of determining the amount of benefits and any penalties or costs. The Deputy City Manager, or designee, shall serve as the administrative hearing officer for the purpose of determining the amount of benefits and any penalties or costs. The conduct of the administrative hearing shall conform to section 8.48.060 of this Chapter. The failure to timely submit a written appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies.

C. Within ten (10) days from service of the Deputy City Manager’s or designee’s decision issued pursuant to section 8.48.050(b), the property owner or designated agent may submit a written appeal to the City. The failure to timely submit a written appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. The conduct of the administrative hearing shall conform to section 8.48.060 of this Chapter except as provided in this subsection. The City Manager or designee shall serve as the administrative hearing officer. The administrative hearing officer shall not be the same person who presided over a hearing pursuant to section 8.48.050(B). The City Manager's or designee’s decision shall be final and conclusive, and shall be served no later than five (5) calendar days after the decision is signed and be sent first-class mail, postage prepaid to the property owner’s address as shown on the last equalized assessment roll. The property owner shall pay the charge that was the subject of the appeal within thirty (30) days after the date an adverse decision is mailed to the property owner. The decision shall be appealed pursuant to Code of Civil Procedure Section 1094.6 and review of the decision shall be in accordance with Code of Civil Procedure Section 1094.5. The decision shall include reference to this section and Code of Civil Procedure Section 1094.6.

D. If the property owner fails to obtain a more favorable decision than that set forth in the itemized accounting, the property owner or designated agent shall be liable to the City for the costs of the administrative hearing and appeal, not to exceed five thousand dollars ($5,000.00). The failure to receive the itemized accounting shall not relieve the property owner of any obligation to the City.

E. Notwithstanding Section 8.48.040(b) of this chapter, if there are fewer than ten (10) days between the first posting and mailing of the order to vacate and the vacation date, and if the City advances relocation benefits to any tenant, no penalty shall be payable by the property owner if reimbursement is made to the City within thirty (30) days after the date an itemized accounting from the City is mailed as set forth in this section.

8.48.060 General procedures for administrative hearings Except as otherwise provided in this Chapter, the conduct of any administrative hearing required by this Chapter shall conform to the procedures in this section.

A. Administrative hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. No pre-hearing discovery of the City's evidence shall be permitted. The administrative hearing officer shall permit only relevant evidence at the hearing. The administrative hearing office may exclude unduly repetitious and cumulative evidence, regardless of its relevancy.

B. The City bears the burden of proof at the administrative hearing to establish that the itemized accounting of all benefits paid by the City to the property owner's tenants and any penalties or costs are chargeable against the property owner.

C. A preponderance of the evidence shall be the standard of proof used by the administrative hearing officer in deciding the issues at an administrative hearing.

D. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.

E. As soon as practicable after receiving a written appeal, the City shall fix a date, time and place for the hearing of the administrative appeal.

F. The City shall serve a hearing notice by first-class mail, postage prepaid, to the property owner's address as shown on the last equalized assessment roll and to the designated agent, if applicable. The hearing notice shall be in substantially the same form as follows:

You are hereby notified that a hearing will be held before an Administrative Hearing Officer/Deputy City Manager/City Manager at _________________ on the ________ day of ________, _______, at the hour of ____ to hear your appeal of the itemized accounting of tenant relocation benefits issued or otherwise served upon you on ______________. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing and you will be given a full opportunity to cross-examine all witnesses testifying against you.

G. Hearings shall generally be conducted in-person. The City in its sole discretion shall determine whether a remote hearing should be conducted according to the criteria in this subsection. Remote hearings are permitted by telephone, video, or any other appropriate means if any of the following apply:

1. Any federal, state, or local declaration of a state of emergency which prohibits, discourages, or impedes the ability of the parties to meet inperson.

2. Any federal, state, or local order prohibiting or discouraging the physical congregation of persons.

3. Any other circumstances which would cause a hardship on the property owner or designated agent to appear in-person.

H. Any property owner or designated agent who fails to appear at the hearing shall be deemed to have waived the right to a hearing; the adjudication of the issues related to the hearing, any and all rights afforded under this Code; and shall be deemed to have failed to exhaust their administrative remedies, provided that proper notice of the hearing as required by this or other applicable chapter of this Code has been served.

I. The written decision of the hearing officer setting forth the findings and ruling in a particular case and conform to the requirements set forth therein. The decision of the hearing officer is final.

8.48.070 Remedies cumulative
The remedies in this Chapter are cumulative and in addition to any other remedies available under the law.

8.48.080 Notice
The failure of the property owner or designated agent to receive any notice issued by the City under this Chapter shall not invalidate any proceeding or action taken by the City pursuant to this Chapter or Health and Safety Code Sections 17975 et seq.

8.48.090 Establishment of relocation benefits account.

The City may establish a relocation benefits expenditure account and provide appropriations through City Council action by resolution. A relocation revenue account will include revenue generated by the program.

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

Section 4. 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 5. EXECUTION AND CERTIFICATION
That the City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be published according to law.

Section 6. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its second reading by the City Council.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

SR-22-246
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 15, 2022
Department: Public Works
Prepared by: Jilleen Ferris, City Engineer
Subject: An Ordinance Amending Section 15.68.130 "Duties and Responsibilities of the Floodplain Manager" of the Desert Hot Springs Municipal Code to Allow for a More Streamlined Process for the Approvals of Letters of Map Revision (LOMRS) (Exempt from CEQA per 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 impact on the environment).

RECOMMENDATION:

Introduce for First Reading and read by title only: “An Ordinance of the City Council of the City of Desert Hot Springs, Amending Section 15.68.130 “Duties and Responsibilities of the Floodplain Manager” of the Desert Hot Springs Municipal Code to allow for a more streamlined process for the Approvals of Letters of Map Revision (LOMRS)."
BACKGROUND:

Desert Hot Springs Municipal Code (“DHSMC”) Section 15.68.130 establishes the duties and responsibilities of the floodplain manager. The City requires a developer/applicant to prepare a Conditional Letter of Map Revision (CLOMR) which must comply with the National Flood Insurance Program standards, and further must be approved by the City and then by FEMA in order to obtain a grading permit.

Once the grading permit is obtained, the developer grades the project and constructs all infrastructure approved by the engineering department. Upon completion of grading and other infrastructure (not including buildings), the developer/applicant prepares a Letter of Map Revision (LOMR) and submits for City approval and then FEMA approval. FEMA can take several months, if not longer, to approve the LOMR, leaving the project unable to move forward. Once the LOMR is approved by FEMA, the developer/applicant can then obtain building permits to construct the buildings, since pursuant to DHSMC, a LOMR must be approved prior to building permit issuance.

DISCUSSION:

The proposed change to the municipal code would allow the developer/applicant to immediately obtain a building permit after obtaining a grading permit, concurrently while awaiting FEMA approval. Staff conferred with FEMA regarding this change, and FEMA did not object to the change.

FISCAL IMPACT:

There is no fiscal impact.

SR-22-246
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 impact on the environment.

ATTACHMENTS:

Exhibit 1 - Ordinance LOMR

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, AMENDING SECTION 15.68.130 “DUTIES AND
RESPONSIBILITIES OF THE FLOODPLAIN MANAGER” OF THE

DESERT HOT SPRINGS MUNICIPAL CODE TO ALLOW FOR A MORE

STREAMLINED PROCESS FOR THE APPROVALS OF LETTERS OF

MAP REVISION (LOMRS)
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, Section 15.68.130 of the Desert Hot Springs Municipal Code (“DHSMC”) establishes the duties and responsibilities of the floodplain manager; and WHEREAS, currently, the City requires a developer/applicant prepare a Conditional Letter Of Map Revision (CLOMR) which must comply with the National Flood Insurance Program standards, and further that must be approved by the City and then by FEMA, in order to obtain a grading permit; and
WHEREAS, once the grading permit is obtained, the developer grades the project and constructs all infrastructure approved by the engineering department; and WHEREAS, once the grading and other infrastructure (not including buildings) is complete, the developer/applicant prepares a Letter of Map Revision (LOMR), and submits it for City approval and then FEMA approval; and WHEREAS, then FEMA can take several months, if not longer, to approve the LOMR, leaving the project unable to move forward; and
WHEREAS, once the LOMR is approved by FEMA, the developer/applicant can then obtain building permits to construct the buildings; and WHEREAS, pursuant to the DHSMC, a LOMR must be approved prior to building permits; and
WHEREAS, the proposed Ordinance would make a LOMR’s approval prior to Certificate of Occupancy, which is later in time; and
WHEREAS, the proposed change would allow the developer/applicant to immediately obtain a building permit after obtaining a grading permit, concurrently while awaiting FEMA approval; and
WHEREAS, Staff conferred with FEMA on this change, and FEMA did not object to the change; and
WHEREAS, this process will streamline the development process; and WHEREAS, the City Council finds that the adoption of this Ordinance is categorically exempt from environmental review under the California Environmental

Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the adoption of this Ordinance in question may have a significant effect on the environment; and WHEREAS, this Ordinance protects the public health, safety and welfare.

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

Section 1. RECITALS.

The Recitals are hereby incorporated by this reference.

Section 2. AMENDMENT OF SECTION 15.68.130, “DUTIES AND
RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR”

OF THE DESERT HOT SPRINGS MUNICIPAL CODE OF
CHAPTER 15.68 “FLOODPLAIN MANAGEMENT”
Section 15.68.130 of the DHSMC shall read as follows:

15.68.130 Duties and responsibilities of the Floodplain Administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

A. Permit Review. Review all development permits to determine:

1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

2. All other required state and federal permits have been obtained;

3. The site is reasonably safe from flooding;

4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City of Desert Hot Springs; and

5. All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of Certificate(s) of occupancy building permits.

Certificate(s) of occupancy shall Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.

B. Development of Substantial Improvement and Substantial Damage Procedures.

1. Using FEMA publication FEMA 213, “Answers to Questions About Substantially Damaged Buildings,” develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining “market value.”

2. Assure procedures are coordinated with other departments/divisions and implemented by community staff.

C. Review, Use and Development of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.68.070, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article III.

Note: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, “Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100- year) Flood Elevations” dated July 1995.

D. Notification of Other Agencies.

1. Alteration or relocation of a watercourse:
a. Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
b. Submit evidence of such notification to the Federal Emergency Management Agency; and
c. Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

2. Base flood elevation changes due to physical alterations:
a. Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).
b. All LOMRs for flood control projects are approved prior to the issuance of certificate of occupancy building permits. Certificate(s) of occupancy shall Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the “start of construction” definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3. Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed the following:

1. Certification required by Section 15.68.160(C)(1) and Section 15.68.190 (lowest floor elevations);

2. Certification required by Section 15.68.160(C)(2) (elevation or floodproofing of nonresidential structures);

3. Certification required by Section 15.68.160(C)(3) (wet floodproofing standard);

4. Certification of elevation required by Section 15.68.180(A)(3) (subdivisions and other proposed development standards);

5. Certification required by Section 15.68.210(B) (floodway encroachments); and

6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

F. Map Determination. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, where there appears to be a conflict between a mapped boundary and actual field conditions.

The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.68.150.

G. Remedial Action. Take action to remedy violations of this chapter as specified in Section 15.68.080.

H. Biennial Report. Complete and submit Biennial Report to FEMA.

I. Planning. Assure community’s general plan is consistent with floodplain management objectives herein.

J. Non-conversion of Enclosed Areas Below the Lowest Floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the floodplain management ordinance in effect at the time of conversion, the Floodplain Administrator shall:

1. Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five feet or higher;

2. Enter into a “Non-conversion agreement for construction within flood hazard areas” or equivalent with the City of Desert Hot Springs. The agreement shall be recorded with the Riverside County Recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator and County Counsel; and

3. Have the authority to inspect any area of a structure below the base flood elevation to ensure compliance upon prior notice of at least 72 hours.

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

Section 4. 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 5. EXECUTION AND CERTIFICATION
That the City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be published according to law.

Section 6. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its second reading by the City Council.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

SR-22-249
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: November 15, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: November 1, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

Draft City Council Regular Meeting Minutes - November 1, 2022

City of Desert Hot Springs

DRAFT ACTION MINUTES
City Council Meeting
6:00 PM - Tuesday, November 1, 2022
Council Chambers
REGULAR SESSION - 6:00 P.M.

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

ROLL CALL

Present:

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

INVOCATION
Pastor Thomas Tarrant gave the Invocation.

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

APPROVAL OF AGENDA
ACTION: Approve the November 1, 2022, Regular Meeting agenda and approve the Consent Calendar.

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) DG Cook gave thanks for the concerns expressed during his brief hospitalization. 2) Tom Moen spoke regarding the Halloween event held at the Desert Hot Springs

City Council
November 1, 2022
Spa and Miracle Springs Resort.

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

Nicholas Haecker, Public Works Director, provided updates regarding various projects.

Roberta Crncic, Recreation and Community Services Director, announced the "Agents of Discovery" app and the "2022 Parade of Lights and Holiday Festival" event.

Doria Wilms, Deputy City Manager, announced that the City was seeking Little League umpires and members to serve on the Little League Advisory Board.

MAYOR AND COUNCIL MEMBER REPORTS
Councilmember Betts reported on the various meetings and events he attended.

Mayor Pro Tem Gardner reported on the various meetings and events he attended.

Councilmember Nuñez reported on the various meetings and events he attended.

Councilmember Pye reported on the various meetings and events she attended.

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

PUBLIC HEARINGS:

1. Transportation Uniform Mitigation Fee (TUMF) Inflation Adjustment for Calendar Year 2023
Recommendation:

Adopt a Resolution of the City Council adopting the adjustment to the Transportation Uniform Mitigation Fee (TUMF) pursuant to Coachella Valley Association of Government's Request.

Staff Report - SR-22-224 - 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.

City Council
November 1, 2022
ACTION: Approve Staff recommendation and adopt Resolution No. 2022-046.

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

2. Amended Housing Element for the 6th Cycle
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council;
3) Open the 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) Adopt a Resolution of the City Council to: 1) Find the City’s previous determination that the Project (the Housing Element for the 6th Cycle) is Exempt from the California Environmental Quality Act stands, because the amendments will not change the reasons for the Exemption, which are outlined in the Resolution; 2) Adopt the amendments to the Housing Element for the 6th Cycle (2021-2029); and 3) Direct Staff to provide the Amended Housing Element for the 6th Cycle to the Department of Housing and Community Development (“HCD”).

Staff Report - SR-22-236 - Pdf
Erick Becerril, Community Development Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

There was no public testimony.

Mayor Matas closed the Public Hearing.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-047.

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

3. Adoption of 2022 Building and Fire Codes

City Council
November 1, 2022
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from the City Council
3) Open Public Hearing;
4) Take public testimony from those favor;
5) Take public testimony from those opposed;
6) Take public testimony from those in a neutral position; 7) Close the Public Hearing;
8) City Council discussion; and
9) Introduce for First Reading and read by title only:

A) “An Ordinance of the City Council of the City of Desert Hot Springs amending Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2022 edition of the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, California Plumbing Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Green Building Standards Code, California Referenced Standards Code, International Property Maintenance Code, and to adopt local revisions to those Codes with selected appendices and amendments; AND
B) “An Ordinance of the City Council of the City of Desert Hot Springs, amending Chapter 15.22 “California Fire Code” of Title 15 “Buildings and Construction” of the Desert Hot Springs Municipal Code to adopt the 2022 edition of the California Fire Code with selected appendices and amendments.

Staff Report - SR-22-235 - Pdf
Erick Becerril, Community Development Director, presented the staff report and responded to questions.

Mayor Matas opened the Public Hearing.

Gabriel King spoke regarding fire sprinklers.

Mayor Matas closed the Public Hearing.

A discussion ensued.

ACTION: Approve Staff recommendation 9A (Building Code).

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
ACTION: Approve Staff recommendation 9B (Fire Code).

City Council
November 1, 2022
Moved by Mayor Pro Tem Gardner
Seconded by Council Member Nuñez
Carried 5-0 by the following votes:

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

4. Award Professional Services Agreement for Police Department Recruiting Services
Recommendation:

Authorize the City Manager to execute the Professional Services Agreement for Police Department Recruiting Services with Epic Recruiting in the amount not to exceed $250,000 over two years.

Staff Report - SR-22-238 - Pdf
Daniel Porras, Assistant City Manager, presented the staff report and responded to questions.

Sam Blonder, Epic Recruiting, introduced himself 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

5. Resolution Regarding Compliance With the Annual Fire Inspections of Certain Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code
Recommendation:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California, acknowledging receipt of a report made by the Fire Chief of the Riverside County Fire Department regarding compliance with the annual inspection of certain occupancies pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.

Staff Report - SR-22-237 - Pdf
ACTION: Approve Staff recommendation and adopt Resolution No. 2022-048.

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

6. Year-End Budget Adjustments for the Fiscal Year 2021-2022

City Council
November 1, 2022
Recommendation:

Adopt a Resolution of the City Council adopting the Year-End Budget Adjustments for Fiscal Year 2021-2022.

Staff Report - SR-22-239 - Pdf
Geoffrey Buchheim, Administrative Services Director, presented the staff report and responded to questions.

ACTION: Approve Staff recommendation and adopt Resolution No. 2022-049.

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

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

7. City Council Regular Meeting Minutes: October 18, 2022 Staff Report - SR-22-240 - Pdf
ACTION: Approved the Minutes as presented.

PUBLIC COMMENTS
None.

ADJOURN
Mayor Matas adjourned the meeting at 7:26 P.M.

Jerryl Soriano, CMC, City Clerk