Desert Hot Springs City Council
December 6, 2022

14 Figure 10: Collision Network Screening Analysis Results (2017-2021) Item Number: 3.

15 Table 6 and 7 show the number of crashes occurring at the top ten locations in Desert Hot Springs by crash type for the locations that will be studied further in the Report, and highlights locations in which the probability of those crash types exceeding the threshold proportion is greater than 33%.

The tables are ordered by the number of collisions that occurred at that segment or intersection.

To be statistically significant, only locations where more than two collisions occurred are represented. At locations with two or less collisions, random chance can account for crash history as much or more than specific roadway characteristics.

Per guidance from the Local Roadway Safety Manual (LRSM) each sub-population of locations was ranked according to the number of collisions. This process highlights locations of collisions that are unusual for the City to determine Desert Hot Spring’s challenge areas, and not problems faced by peer cities that do not apply in Desert Hot Springs. The remaining columns total collisions by type, to evaluate each sub-population and understand what proportion of crashes in the City are of a particular type. The citywide proportion was compared with the local intersection or segment specific proportion to determine which locations have more of a given crash type than would be expected when considering the City average.

After this analysis was completed, the locations were ranked against other similar locations within the City by their categories according to the expected proportion of that crash type within Desert Hot Springs. Locations with higher-than-expected crashes of that type were identified by the probability that random chance would not account for exceedances.

Additionally, it should be noted that the columns for Collision Severity, Type, Involved With, and Behavior are additional characteristics of the collisions and should not be counted as a separate collision.

The following provides an example of how to read Tables 6 and 7.

Table Definitions:
• Total Collisions: Number of collisions observed at the intersection or segment from January of 2017 through December of 2021.
• Severity: The number of severe injury and fatal collisions that occurred at this location in the study period.
• Fatality: The number of fatal collisions that occurred at this location in the study period. • Broadside, Sideswipe, Rear-End, Head-On, Hit Object, Overturned, Other, Pedestrian, Bicycle: The number of these types of collisions that occurred at this location in the study period.
• Other: The number of miscellaneous collision types (mostly single vehicle) that occurred at this location in the study period.

Item Number: 3.

16 • Aggressive, Dark, Wet: The number of the collisions with this factor identified as the cause of collision.

Item Number: 3.

28 Table 6 – Analysis Results: Intersections (Top 10 Per Type) Intersection
Crashes
EPDO
2 Fatal
Serious Injury
Other Visible Injury
Complaint of Pain
PDO
Broadside
Sideswipe
Rear End
Head On
Hit Object
Overturned
Other
Pedestrian
Bicycle
Aggressive
Distracted
Impaired
Dark
Wet
Signalized Intersections
Palm Dr & Hacienda Ave 22 250 1 0 4 5 12 2 2 11 0 4 0 0 3 0 9 0 4 0 0 Palm Dr & Two Bunch Palms Trail 19 242 1 0 3 6 9 6 1 6 0 4 0 0 2 1 4 0 2 0 1 Palm Dr & Dillon Rd 15 84 0 0 4 6 5 4 0 9 1 1 0 0 0 0 6 0 3 0 0 Palm Dr & Ironwood Dr 13 63 0 0 2 6 5 5 2 3 0 1 0 0 2 1 6 0 1 0 0 Palm Dr & Pierson Blvd 11 195 1 0 0 4 6 5 2 1 0 3 0 0 0 0 2 0 2 0 0 Palm Dr & 15th Ave 10 55 0 0 2 5 3 0 0 5 1 1 0 0 3 0 2 1 0 0 0 Mountain View Rd & Hacienda Ave 4 168 1 0 0 0 3 1 0 1 1 1 0 0 0 0 1 0 1 0 0 Atlantic Ave & Pierson Blvd 4 19 0 0 0 3 1 1 0 3 0 0 0 0 0 0 0 0 0 0 0 Indian Ave & 10th Ave 4 19 0 0 0 3 1 2 0 2 0 0 0 0 0 0 2 2 0 0 0 Unsignalized Intersections
Sh-62 & Pierson Blvd 15 417 2 0 4 7 2 15 0 0 0 0 0 0 0 0 0 1 0 4 1 Cactus Dr & Pierson Blvd 10 35 0 0 0 5 5 10 0 0 0 0 0 0 0 0 6 0 0 0 0 Cactus Dr & Hacienda Ave 9 44 0 0 2 3 4 6 2 0 1 0 0 0 0 0 0 1 1 0 0 Palm Dr & Cam Aventura 8 48 0 0 2 4 2 2 0 3 0 2 1 0 0 0 5 0 0 2 0 Palm Dr & Park Ln 8 33 0 0 1 3 4 3 1 2 1 1 0 0 0 0 1 0 1 1 0 Verbena Dr & Hacienda Ave 8 42 0 0 3 1 4 1 1 1 1 4 0 0 0 0 1 1 0 0 0 Indian Ave & Pierson Blvd 8 43 0 0 1 5 2 7 0 1 0 0 0 0 0 0 3 1 1 2 0 Ocotillo Rd & Desert View Ave 7 47 0 0 2 4 1 7 0 0 0 0 0 0 0 0 2 0 0 1 0 Item Number: 3.

29 Intersection
Crashes
EPDO
2 Fatal
Serious Injury
Other Visible Injury
Complaint of Pain
PDO
Broadside
Sideswipe
Rear End
Head On
Hit Object
Overturned
Other
Pedestrian
Bicycle
Aggressive
Distracted
Impaired
Dark
Wet
Palm Dr & Buena Vista Ave 7 350 2 0 0 3 2 1 1 1 0 2 0 0 2 0 2 0 2 0 0 Palm Dr & Acoma Ave 7 32 0 0 1 3 3 2 2 1 0 1 0 0 1 0 0 0 1 0 0

1. Equivalent Property Damage Only Crashes
= 90-100% probability that crash type is
over-represented = 80-90% probability that crash type is over-represented = 70-80% probability that crash type is over-represented Item Number: 3.

28 Table 7 - Analysis Results: Segments (Top 10 Per Type) Facility Limits
Crashes
EPDO
2 Fatal
Serious Injury
Other Visible Injury
Complaint of Pain
PDO
Broadside
Sideswipe
Rear End
Head On
Hit Object
Overturned
Other
Pedestrian
Bicycle
Aggressive
Distracted
Impaired
Dark
Wet
Principal
Arterial
Sh-62 - Pierson Blvd 5 20 0 0 1 1 3 0 3 1 0 0 1 0 0 0 1 0 0 2 0 Minor Arterial
Palm Dr Park Ln - Two Bunch Palms Trail 15 50 0 0 2 3 10 1 2 6 1 5 0 0 0 0 6 0 2 0 0 Palm Dr Ironwood Dr - Hacienda Ave 6 31 0 0 1 3 2 4 1 1 0 0 0 0 1 0 1 0 1 0 0 Collector
Palm Dr 20th Ave - 21st Ave 4 182 1 0 1 1 1 1 1 1 0 0 1 0 0 0 0 0 1 3 0 Dillon Rd - 4 38 0 0 3 1 0 0 1 1 2 0 0 0 0 0 0 0 0 1 0
- Hacienda Ave 4 168 0 1 0 0 3 0 0 0 0 4 0 0 0 0 1 0 0 4 0 Local
Mesquite
Ave Ironwood Dr - Hacienda Ave 3 13 0 0 1 0 2 1 0 1 0 1 0 0 0 0 0 0 0 0 0 5th St Palm Dr - Cactus Dr 3 27 0 0 2 1 0 1 0 0 0 0 0 0 2 0 0 2 0 0 0

1. Equivalent Property Damage Only Crashes
= 90-100% probability that crash type is
over-represented = 80-90% probability that crash type is over-represented = 70-80% probability that crash type is overrepresented Item Number: 3.

29 8. Best Practices Evaluation and Emphasis Areas

8.1 Best Practices Evaluation
Table 8 identifies existing plans and policies that were recently completed, or are planned, or on-going within the City of Desert Hot Springs. The intent of this review is to provide an idea of the types of strategies in place or encouraged by the City that may impact the safety analysis process. It will also identify opportunity areas where the City could adopt non-infrastructure countermeasures. This table also ties each topic and enhancement to the emphasis areas that are laid out in Section 8.2.

Table 8 – Summary of Program, Policies, and Practices
Topic Initiatives/ Current Status Opportunities for
Implementation or Enhancement
Does the City have an
Active Transportation
Coordinator?
No
Formalize Active Transportation
Coordinator role and assign to
appropriate staff member
Does the City have a
Safety or Active
Transportation Advisory
Committee?
Public safety Commission that
does address traffic safety
Continue to hold Public Safety
Commission Meetings and
regularly identify areas of concern
and potentials for improvement
Does the City have an
Active Transportation
Safety Education
Program?
No
Implement an Active
Transportation Safety Education
program

POLICY / PLANS
Does the City have a
Complete Streets Plan? Yes Included in General Plan
Does the City assess
Traffic Impact Fees? Yes Nexus study focused on LOS/VMT Does the City have a Safe
Routes to School
program?
Yes. Have been funded for grants
Does the City implement
Traffic Calming Policies?
Working on development of local
speed bump policies.

Formalize Traffic Calming Policies
and implement where appropriate
Does the City regularly
conduct Speed Surveys?
Speed survey 2018, current.

Following up on AB 43, waiting for
implementation guidance.

Continue to conduct speed
surveys every 7 years as required
by the CA MUTCD
Item Number: 3.

30 Topic Initiatives/ Current Status Opportunities for
Implementation or Enhancement
Does the City utilized
Warrants for Stop Signs
and Signals?
Warrant analyses are conducted.

Based on state warrants and
guidelines.

Continue to utilize warrants for
stop signs and signals
Is the City planning for
Density and Walkable
Areas?
Yes Monitor and continue to seek
funding for pedestrian and bicycles
Does the City have
Transportation Demand
Management (TDM) or
Vehicle Miles Travelled
(VMT) Reduction
policies?
Limited on TDM right now. The
City does have overlay and
specific plan areas. Is
implementing SB 743 analysis
Continue implementing TDM and
VMT policies
Does the City perform
Traffic Crash Monitoring? Not routinely Regularly monitor crash data to identify any trends or hotspots Does the City have an
Active Transportation
Master Plan?
The City completed an Active
Transportation Plan and the City's
General Plan Circulation Element
Continue to regularly update Active
Transportation Plan
Does the City have
MUTCD-compliant
Pedestrian Signal
Timing?
Yes
Continue to implement MUTCD
compliant pedestrian signal timing
Does the City install
Crosswalks at high
pedestrian locations?
Yes, the city elevates high
pedestrian locations for crossing
needs
Continue to monitor pedestrian
collisions and identify locations
where crossings can enhance
pedestrian safety
What type of traffic
enforcement does the
City conduct?
City police department conducts
sobriety and seatbelt checks
Continue to enforce traffic laws in
collision and aggressive driving
hotspots
What is the City's Bicycle
Policy?
Bicycles are restricted from riding
bicycles on sidewalks, no bicycle
licensing, bicycle helmet use only
per C.V.C
Formalize bicycle policies in City’s
transportation element
What types of transit
does the City have?
Public Transportation through
SunLine Transit
Coordinate with transit agencies to
identify any transit-related
improvements to traffic safety
What types of wayfinding
does the City have?
Some City wayfinding signage
exists with consistent design. Auto
oriented.

Identify areas where wayfinding
signage could contribute to
increased roadway safety

DATA COLLECTION / INVENTORY
Does the City have an
Inventory of Pedestrian
Signs and Signals?
No Create GIS database of pedestrian
signals and signs
Item Number: 3.

31 Topic Initiatives/ Current Status Opportunities for
Implementation or Enhancement
Does the City have an
Inventory/Mapping of
Active Transportation
Routes?
Currently updated GIS inventory
will note routes with sidewalks for
gap analysis. Bike and parking not
yet. Storm facilities are available,
lighting, signalized intersections.

Continue to regularly update
inventory; assemble in GIS if
appropriate
Does the City utilize
Crossroads Database for
collisions?
Yes
Continue to utilize Crossroads
database and regularly update
Does the City have Active
Transportation Volume
Counting?
Not as a program
Implement Active Transportation
Volume counting at key locations
to gauge active transportation
usage

COORDINATION / FEEDBACK
What ways can citizens
give feedback about
roadway safety?
Phone calls or emails. No
database or online form
Continue to solicit citizen feedback
on traffic safety and transportation
planning efforts
What types of
Coordination with other
City organization does
your department
perform?
Yes, city departments work
together
Continue coordinate City
departments (e.g. Public Works,
Engineering, Community
Development, Police Department,
Etc.)
What types of School
Engagement does the
City perform?
City coordinates with school
districts
Continue to identify areas of
coordination with local schools
What types of Law
Enforcement/Emergency
Service Engagement
does the City perform?
Engagement with police and fire
department
Continue to identify areas of
coordination with police and fire
department
Item Number: 3.

32 8.2 Emphasis Areas
Emphasis areas represent crash factors that are common in the City and provide the opportunity to reduce the largest number of traffic injuries with strategic investment. Emphasis areas were developed by revisiting the vision and goals of this planning process and comparing them with the trends and patterns identified in the crash analysis.

8.2.1 Emphasis Area #1: Aggressive Driving
Description: Aggressive driving, as defined by the Caltrans SHSP, includes several behaviors including speeding, tailgating, and disregarding traffic signals and signs. Aggressive driving behaviors (unsafe speed or following too closely) accounted for 196 crashes or 27 percent of collisions within the City of Desert Hot Springs.

Goals for Emphasis Area #1:
o Reduce the number of crashes due to aggressive driving in the City o Identify hot spots and priority corridors for aggressive driving o Apply for funding and implement countermeasures to address aggressive driving Strategies for Emphasis Area #1:
o Continue to update speed limits with additional flexibility given by Assembly Bill 43. In cases where speed continues to be a challenge, preventing the enforcement of desirable speed limits, consider roadway design characteristics that might support lower speeds. o Implement traffic calming improvements and establish a monitoring program to determine which measures are most effective
o Install additional regulatory signage
o Upgrade pavement markings to make intersections more visible o Enhance roadway and intersection striping
o Reduce intersection size or number of lanes
These strategies will be implemented by the City, law enforcement, and community organizations.

Funding sources for these strategies may include HSIP, OTS, Senate Bill 1 (SB 1), or Safe Streets for All (SS4A) grant programs.

8.2.2 Emphasis Area #2: Pedestrian
Description: Any instance where a motor vehicle is involved in a collision with a pedestrian is defined as a high priority challenge area by the SHSP. Pedestrians were involved with 20.95% of fatal & severe injury collisions, compared to 19.2% statewide (based on 2015-2018 SHSP data. 54 pedestrian-involved collisions occurred during the study period, resulting in 7 fatal collisions, 10 severe injury collisions, and 35 with some other form of reported injury or pain.

Goal for Emphasis Area #2:
• Reduce the number of collisions involving pedestrians • Identify hot spots and priority corridors for pedestrian collisions • Apply for funding and implement countermeasures to address pedestrian collisions Item Number: 3.

33 Strategies for Emphasis Area #2:
• Implement pedestrian infrastructure at certain key locations • Install pedestrian counters to determine where high pedestrian volume locations are • Utilize High Injury Network (HIN) to determine location of necessary pedestrian infrastructure improvements
• Establish education and training program to improve pedestrian safety in the City These strategies can be implemented by the City with assistance from emergency services and community organizations. Funding sources for these strategies may include ATP, HSIP, OTS, and SB1 grant programs.

8.2.3 Emphasis Area #3: Impaired Driving
Description: Impaired driving crashes are a high priority challenge area within the Caltrans SHSP. Caltrans defines these as crashes where any evidence of drug or alcohol use by the driver is present, even if the driver was not over the legal limit. 64 crashes (9%) were reported as the driver being under the influence of alcohol or drugs. Five of these crashes resulted in a fatality and 2 in a severe injury. 56% (36) of these crashes resulted in Property Damage Only.

Goal for Emphasis Area #3:
• Reduce the number of crashes attributed to impaired driving • Identify hot spots and priority corridors for countermeasures to reduce impaired driving • Apply for funding to implement countermeasures to reduce impaired driving crashes Strategies for Emphasis Area #3:
• Authorize, publicize, and conduct sobriety checkpoints programs • Implement an impaired driving education campaign
• Develop educational programs targeting specific audiences based on age group • Additional enforcement presence
• Create effective media campaigns in both visual and print media • Additional lighting to improve response time
These strategies will be implemented by the City, law enforcement, and community organizations. Funding sources for these strategies may include OTS, NHTSA, and SB1 grant programs.

8.2.4 Emphasis Area #4: Driver Licensing
Description: Driver Licensing crashes a challenge area within the Caltrans SHSP. Caltrans defines these as crashes where a driver is operating a vehicle and is unlicensed or does not carry a valid license.

Goal for Emphasis Area #4:
• Eliminate the number of unlicensed drivers involved in crashes • Identify hot spots and priority corridors for countermeasures that discourage unlicensed driving
• Apply for funding to implement education and enforcement campaigns around unlicensed driving
Item Number: 3.

34 Strategies for Emphasis Area #4:
• Authorize and conduct license plate reader programs to track vehicles used by suspended licensees
• Seek OTS funding for focused unlicensed driver enforcement • Sanction or impound vehicles driven by unlicensed drivers • Pursue arrest warrants for unlicensed driving violations • Create effective media campaigns in both visual and print media These strategies will be implemented by the City, law enforcement, and community organizations. Funding sources for these strategies may include OTS, NHTSA, and SB1 grant programs.

9. Countermeasure Toolbox
This section provides information on general identified issues, crash reduction factors, improvements, and countermeasures identified for the City of Desert Hot Springs, as well as for specific project locations identified as part of this analysis. Countermeasures for each of the Safety Project Case Studies are based on data analysis, stakeholder input, and site visits.

9.1 Infrastructure Improvements

9.1.1 Countermeasure Selection Process
Part D of the HSM provides information on Crash Modification Factors (CMFs) for roadway segments, intersections, interchanges, special facilities, and road networks. CMFs are used to estimate the safety effects of highway improvements, specifically to compare and select highway safety improvements. A CMF less than 1.0 indicates that a treatment has the potential to reduce crashes. A CMF greater than 1.0 indicates that a treatment has the potential to increase crashes.

A Crash Reduction Factor (CRF) is directly connected to the CMF and is “mathematically defined as (1 – CMF) (the higher the CRF, the greater the expected reduction in crashes) 4.” CMFs can help decision makers weigh potential alternative projects, but are only one measure of a project's value and should be considered part of a larger decision making process. Furthermore, it is important to note that not all CMFs are as reliable as others. The FHWA maintains a federal depository of CMFs and includes a star rating system to help users determine which CMFs are bolstered by the best and most thorough research. Key factors to consider when applying CMFs include:

1. Selection of an appropriate CMF;

2. Estimation of crashes without treatment;

3. Application of CMFs by type and severity; and,

4. Estimation of the combined effect for multiple treatments. 4 Local Roadway Safety Manual (Version 1.5) 2020. Page 27.

Item Number: 3.

35 Examples of Safety Countermeasures can be found through several sources. This Report utilizes the countermeasures found in the California Local Roadway Safety Manual (LRSM) and the CMF Clearinghouse (CMF CH) website. Countermeasures for each of the Safety Project Case Studies are based on the data analysis and site visits. Additional countermeasures were identified for the high-level issues on a city-wide level and are discussed in Section 9.2 City-Wide Countermeasure Toolbox.

9.1.2 Safety Project Case Studies
From the city-wide analysis, ten (10) project case study locations were selected for further evaluation and countermeasure development. For each of these locations, Safety Project Case Studies were developed to provide a balanced understanding of common safety patterns at a variety of location types that can be used to associate countermeasures with specific roadway configurations and conditions. These locations were identified through the analysis process based on their crash histories, Equivalent Property Damage Only Crashes (EPDO), stakeholder engagement, the observed crash patterns, and their different characteristics to provide the most insight into potential systemic safety countermeasures that the City can employ to achieve the most cost-effective safety benefits.

A Safety Project Case Study was developed for each of the following locations:

1. Signalized Intersection: Palm Dr & Pierson Blvd

2. Unsignalized Intersection: Palm Dr & Buena Vista Ave

3. Signalized Intersection: Palm Dr & Hacienda Ave

4. Signalized Intersection: Mountain View Rd & Hacienda Ave

5. Signalized Intersection: Palm Dr & Ironwood Dr

6. Signalized Intersection: Palm Dr & Two Bunch Palms Trail

7. Roadway Segment: Palm Dr: Park Ln to Two Bunch Palms Trail

8. Roadway Segment: 5
th St: Palm Dr to Cactus Dr

9. Unsignalized Intersection: Cactus Dr & Pierson Blvd

10. Unsignalized Intersection: Sh-62 & Pierson Blvd
The following pages summarize conditions at each location, and potentially beneficial countermeasures. Countermeasures were subjected to a benefit/cost assessment and scored according to their potential return on investment. These case studies can be used to select the most appropriate countermeasure, and to potentially phase improvements over the longer-term.

These case study sheets can also be used to position the City for future grant funding opportunities.

The potential benefit of each countermeasure was calculated using each countermeasure’s Crash Reduction Factor (CRF) and the latest Caltrans injury level cost data. Fatal and severe injury collisions are estimated at $2.19 million, Other Visible Injury collisions at $142,300, Complaint of Item Number: 3.

36 Pain collision at $80,900, and Property Damage Only collisions at $13,300. The 5-year benefit is extrapolated out to a 20-year safety benefit.

The 20-year safety benefit was then compared to the 20-year cost estimates, which is used to calculate a benefit-cost ratio. The benefit-cost ratio can be used to compare different countermeasures for their effectiveness and competitiveness for grant funding.

Item Number: 3.

Case Study Sheet: Location #1
Project Location, Description & Maps
Intersection: Palm Dr & Pierson Blvd
Example of Similar Intersections: Palm Dr & Hacienda Ave, Mountain View Rd & Hacienda Ave

SIGNALIZED

INTERSECTION
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
Prepared by: Kimley-Horn
Date: October 2022
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 11
Fatal and Severe Injury
Collisions
1 Top 3 Collision Types (%) Broadside (46%)
Hit Object (27%)
Sideswipe (18%)
Dark Collisions 3
Impaired Collisions 2
Collision Data
Number of Approaches 4
Crosswalk Condition Good
Control Type Signal
Lighting Well-lit
Highest Posted Speed
Limit
35 Collisions Involved With
Vehicular Pedestrian Bicycle
8 0 0
Field Visit Notes
• Southbound approach is more of an urban area and downhill, therefore, drivers tend to speed • Northbound approach has more signals, therefore, drivers tend to not speed as much • Observed drivers violating the traffic signal
• Signals being upgraded with CVAG project
• Road diet on Palm Dr north of Pierson Blvd will be completed by February 2023 Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install retroreflective
backplates
15%
(S02) $389,010 $12,000 32.42
Emergency vehicle
pre-emption
systems
70%
(S05) - $40,000 -
Case Study Sheet: Location #1
Item Number: 3.

Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Install upgraded
pedestrian crossing
25%
(S18PB) - $32,000 -
Implement Leading
Pedestrian Interval
(LPI)
60%
(S21PB) - $8,000 -
Provide Advanced
Dilemma Zone
Detection for high
speed approaches
40%
(S04)* $1,037,360 $34,000 30.51
Improve signal
timing
(coordination,
phases, red, yellow,
or operation)
15%
(S03) $389,010 $7,000 55.57
Case Study Sheet: Location #1
* Ineligible for HSIP Cycle 11 Funding
Item Number: 3.

Case Study Sheet: Location #2
Project Location, Description & Maps
Intersection: Palm Dr & Buena Vista Ave
Example of Similar Intersections: Two Bunch Palms Trl & Julian Dr, Palm Dr & Desert View Ave

TWO-WAY-STOP

INTERSECTION
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
Prepared by: Kimley-Horn
Date: October 2022
STOP
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 7
Fatal and Severe Injury
Collisions
2 Top 3 Collision Types (%) Hit Object (29%)
Vehicle-Pedestrian (29%)
Broadside (14%)
Dark Collisions 4
Impaired Collisions 2
Collision Data
Number of Approaches 4
Crosswalk Condition Fair
Control Type Two-way stop-controlled
sign
Lighting Poorly Lit
Highest Posted Speed
Limit
35 Collisions Involved With
Vehicular Pedestrian Bicycle
3 2 0
Field Visit Notes
• Speeding is an issue here
• Intersection has low visibility due to lack of lighting • Pedestrians tend to cross the road by jaywalking
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Add intersection
lighting
40%
(NS01) $1,762,640 $28,000 62.95
Install flashing
beacons at stopcontrolled
intersections
15%
(NS08) $697,395 $10,000 69.74
Case Study Sheet: Location #2
Item Number: 3.

Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Upgrade signage 15%
(NS06) $697,395 $4,000 200.75
Install Pedestrian
Signal (including
Pedestrian Hybrid
Beacon (HAWK))
55%
(NS23PB) $2,409,000 $150,000 16.06
Case Study Sheet: Location #2
Item Number: 3.

Case Study Sheet: Location #3
Project Location, Description & Maps
Intersection: Palm Dr & Hacienda Ave
Example of Similar Intersections: Palm Dr & Atlantic Ave, Palm Dr & Dillon Rd

SIGNALIZED

INTERSECTION
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
Prepared by: Kimley-Horn
Date: October 2022
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 22
Fatal and Severe Injury
Collisions
1 Top 3 Collision Types (%) Rear-End (50%)
Hit Object (18%)
Vehicle-Pedestrian (14%)
Dark Collisions 8
Impaired Collisions 4
Collision Data
Number of Approaches 4
Crosswalk Condition Good
Control Type Signal
Lighting Well-lit
Highest Posted Speed
Limit
35 Collisions Involved With
Vehicular Pedestrian Bicycle
13 3 0
Field Visit Notes
• High number of rear-end collisions
• Fatal collision occurred when pedestrian crossed the street from Taco Bell to Rite Aid • Observed drivers make a U-turn despite the posted no U-turn sign Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install retroreflective
backplates
15%
(S02)
$498,495 $12,000 41.54
Install emergency
vehicle pre-emption
systems
70%
(S05)
- $40,000 -
Case Study Sheet: Location #3
Item Number: 3.

Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Install pedestrian
countdown signal
heads
25%
(S17PB) $618.650 $16,400 37.72
Install high-visibility
crosswalks
25%
(S18PB) $618.650 $32,000 19.33
Implement a
Leading Pedestrian
Interval (LPI)
80%
(S21PB) $1.979.680 $8,000 247.46
Case Study Sheet: Location #3
Item Number: 3.

Case Study Sheet: Location #4
Project Location, Description & Maps
Intersection: Mountain View Rd & Hacienda Ave
Example of Similar Intersections: Palm Dr & Ironwood Dr, Pierson Blvd & Atlantic Ave

SIGNALIZED

INTERSECTION
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
Prepared by: Kimley-Horn
Date: October 2022
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 4
Fatal and Severe Injury
Collisions
1 Top 4 Collision Types (%) Broadside (25%)
Rear End (25%)
Head On (25%)
Hit Object (25%)
Dark Collisions 3
Impaired Collisions 1
Collision Data
Number of Approaches 4
Crosswalk Condition Good
Control Type Signal
Lighting Well-lit
Highest Posted Speed
Limit
40 Collisions Involved With
Vehicular Pedestrian Object
3 0 1
Field Visit Notes
• Intersection has low visibility due to a combination of grade and side berms • Fatal collision occurred as a result of a driver violating the traffic signal • Grant funding will add sidewalks and bicycle lanes
• Yellow beacons could help visibility for nighttime driving Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install retroreflective
backplates
15%
(S02) $334,485 $12,000 27.87
Install emergency
vehicle pre-emption
systems
70%
(S05)
- $40,000 -
Case Study Sheet: Location #4
Item Number: 3.

Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Install flashing
beacons as advance
warning (S.I.)
30%
(S10) $668,970 $20,000 33.45
Install pedestrian
countdown signal
heads
25%
(S17PB) - $16,400 -
Install high-visibility
crosswalks
25%
(S18PB) - $32,000 -
Modify signal
phasing to
implement a
Leading Pedestrian
Interval (LPI) with
new controller
60%
(S21PB) - $8,000 -
Case Study Sheet: Location #4
Item Number: 3.

Case Study Sheet: Location #5
Project Location, Description & Maps
Intersection: Palm Dr & Ironwood Dr
Example of Similar Intersections: Mountain View Rd & Hacienda Ave, Pierson Blvd & West Drive

SIGNALIZED

INTERSECTION
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
Prepared by: Kimley-Horn
Date: October 2022
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 13
Fatal and Severe Injury
Collisions
0 Top 4 Collision Types (%) Broadside (39%)
Rear-End (23%)
Sideswipe (15%)
Vehicle-Pedestrian (15%)
Dark Collisions 2
Impaired Collisions 1
Collision Data
Number of Approaches 4
Crosswalk Condition Good
Control Type Signal
Lighting Well-lit
Highest Posted Speed
Limit
35 Collisions Involved With
Vehicular Pedestrian Bicycle
9 2 1
Field Visit Notes
• High number of broadside collisions
• Intersection has no median
• People tend to rush to get to the bus stop on time. There are two bus stops across the street from each other.

Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install retroreflective
backplates
15%
(S02) $125,475 $12,000 10.46
Install pedestrian
countdown signal
heads
25%
(S17PB) $60,675 $16,400 3.70
Modify signal
phasing to
implement a Leading
Pedestrian Interval
(LPI) with new
controller
60%
(S21PB) $145,620 $8,000 18.20
Case Study Sheet: Location #5
Item Number: 3.

Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Relocating NB bus
stop to far side of
intersection
5% $167,300 varies varies
Case Study Sheet: Location #5
Item Number: 3.

Case Study Sheet: Location #6
Project Location, Description & Maps
Intersection: Palm Dr & Two Bunch Palms Trl
Example of Similar Intersections: Palm Dr & Dillon Rd, Palm Dr & Hacienda Ave

SIGNALIZED

INTERSECTION
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
Prepared by: Kimley-Horn
Date: October 2022
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 19
Fatal and Severe Injury
Collisions
1 Top 4 Collision Types (%) Broadside (32%)
Rear-End (32%)
Hit Object (21%)
Dark Collisions 8
Impaired Collisions 2
Collision Data
Number of Approaches 4
Crosswalk Condition Good
Control Type Signal
Lighting Well-lit
Highest Posted Speed
Limit
40 Collisions Involved With
Vehicular Pedestrian Bicycle
12 2 1
Field Visit Notes
• Skewed intersection, therefore, could straighten it out or shift the road to the left lined up with the medians • Right turn on the SW approach could be extended a bit further • Curb extension on the SW approach with gap for bicycle lane and pedestrian island • Install tracking to help with misalignment when turning • ADA plan is in progress
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install retroreflective
backplates
15%
(S02)
$483,300 $12,000 40.28
Install emergency
vehicle pre-emption
systems
70%
(S05)
- $40,000 -
Case Study Sheet: Location #6
Item Number: 3.

Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Install pedestrian
countdown signal
heads
25%
(S17PB) $59,125 $16,400 3.61
Implement Leading
Pedestrian Interval
(LPI)
60%
(S21PB) $141,900 $8,000 17.74
Upgrade pedestrian
crossing to be ADA
compliant
25%
(S18PB) $59,125 $32,000 1.85
Restripe the
intersection 5% $179,055 $5,000 35.81
Install curb
extensions 5% $11,825 $80,000 0.15
Add tracking to help
drivers stay in their
lanes
5% $161,100 $2,500 64.44
Case Study Sheet: Location #6
Item Number: 3.

Case Study Sheet: Location #7
Project Location, Description & Maps
Segment: Palm Dr: Park Ln to Two Bunch Palms Trl
Example of Similar Segment: Palm Dr: Hacienda to Granada Ave

ROADWAY

SEGMENT
STOP
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
Prepared by: Kimley-Horn
Date: October 2022
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 15
Fatal and Severe Injury
Collisions
0 Top 3 Collision Types (%) Rear-end (40%)
Hit Object (33%)
Sideswipe (13%)
Dark Collisions 7
Impaired Collisions 2
Collision Data
Lighting Well-lit
Median Two-way left turn lane
Highest Posted Speed
Limit
40 Collisions Involved With
Vehicular Pedestrian Bicycle
9 0 0
Field Visit Notes
• High number of rear-end collisions with cars turning right • The intersection of Palm Dr & Two Bunch Palms Trail backs up traffic in the afternoon • Hit object collisions are due to drivers hitting the medians trying to make a gap in traffic when turning Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Add segment
lighting
35%
(R01) $101,395 $228,600 0.44
Install Pedestrian
Signal (including
Pedestrian Hybrid
Beacon (HAWK))
55%
(NS23PB) $159,335 $150,000 1.06
Improve signal
timing
(coordination,
phases, red, yellow,
or operation)
15%
(S03) $99,045 $7,000 14.15
Case Study Sheet: Location #7
Item Number: 3.

Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Provide Advanced
Dilemma Zone
Detection for high
speed approaches
40%
(S04) $264,120 $34,000 7.77
Install dynamic
speed feedback
signs
30%
(R26) $198,090 $32,000 6.19
Case Study Sheet: Location #7
Item Number: 3.

Case Study Sheet: Location #8
Project Location, Description & Maps
Segment: 5th St: Palm Dr to Cactus Dr
Example of Similar Segments: Estrella Ave: West Dr to Cholla Dr, 3rd St: Palm Dr to Cactus Dr

ROADWAY

SEGMENT
STOP
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
STOP
Prepared by: Kimley-Horn
Date: October 2022
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 3
Fatal and Severe Injury
Collisions
0 Top 2 Collision Types (%) Vehicle Pedestrian (67%)
Broadside (33%)
Dark Collisions 0
Impaired Collisions 0
Collision Data
Lighting None present
Median N/A
Highest Posted Speed
Limit
25 Collisions Involved With
Vehicular Pedestrian Bicycle
1 2 0
Field Visit Notes
• Mark established parking areas
• Curbs do not meet current design standards
• Police Department has observed distracted driving in this neighborhood Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Install/upgrade
pedestrian crossing
(with enhanced
safety features)
35%
(R35PB) $127,925 $15,000 8.53
Install
sidewalk/pathway
(to avoid walking
along roadway)
80%
(R34PB) $292,400 $107,600 2.72
Restrict parking near
driveways 5% $18.275 $3,000 6.09
Mark off parking
areas
25%
(R28) $91,375 $2,030 44.97
Case Study Sheet: Location #8
Item Number: 3.

Case Study Sheet: Location #9
Project Location, Description & Maps
Intersection: Cactus Dr & Pierson Blvd
Example of Similar Intersections: Two Bunch Palms Trl & Cactus Dr, Palm Dr & 8th St

FOUR-WAY-STOP

INTERSECTION
STOP
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
Prepared by: Kimley-Horn
Date: October 2022
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 10
Fatal and Severe Injury
Collisions
0 Top Collision Type (%) Broadside (100%)
Dark Collisions 4
Impaired Collisions 0
Collision Data
Number of Approaches 4
Crosswalk Condition Fair
Control Type All-way stop sign
Lighting South side is unlit
Highest Posted Speed
Limit
35 Collisions Involved With
Vehicular Pedestrian Bicycle
10 0 0
Field Visit Notes
• High number of broadside collisions, with most collisions caused by drivers not waiting their turns • Roadway capacity exceeds demand
• Left-turn lanes add confusion since it’s already an all-way stop • Downtown revitalization improvements would make the area more walkable • Installing high-visibility crosswalks would be a good option Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Add intersection
lighting
40%
(NS01) $102,400 $28,000 3.66
Install high-visibility
crosswalks
35%
(NS21PB) - $30,000 -
Remove stopcontrolled left turn
lanes and restripe
the intersection
5% $23,550 varies varies
Case Study Sheet: Location #9
Item Number: 3.

Case Study Sheet: Location #10
Project Location, Description & Maps
Intersection: SH-62 & Pierson Blvd (Caltrans)
Example of Similar Intersection: Sh-62 & Painted Hills Rd

FOUR-WAY-STOP

INTERSECTION
STOP
Project Name: Desert Hot Springs LRSP
Agency Name: City of Desert Hot Springs
Contact Name: Jilleen Ferris
Email: [email protected]
Prepared by: Kimley-Horn
Date: October 2022
Item Number: 3.

Project Location, Description & Maps
Collision Data
Total Collisions 15
Fatal and Severe Injury
Collisions
2 Top Collision Type (%) Broadside (100%)
Dark Collisions 12
Impaired Collisions 0
Collision Data
Number of Approaches 4
Crosswalk Condition N/A
Control Type Stop sign
Lighting Poorly-lit
Highest Posted Speed
Limit
65 Collisions Involved With
Vehicular Pedestrian Bicycle
15 0 0
Field Visit Notes
• Downhill therefore drivers are often speeding
• Only two cars can fit for the left turn
• Around 90% of traffic is left turns
• Adding a roundabout is a short-term solution
• Needs more lighting
Countermeasure Evaluation
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit Total 20-Year Costs Safety Related B/C Ratio
Add intersection
lighting
40%
(NS01) $2,070,640 $28,000 73.95
Convert intersection
to roundabout (from
2-way stop or Yield
control)
15%
(NS05) $831,315 varies varies
Case Study Sheet: Location #10
Item Number: 3.

Countermeasure Evaluation (continued)
Potential
Countermeasures
Crash Reduction
Factor
(LRSM/CMF ID)
20 Year Safety
Benefit
Total 20-Year Costs Safety Related B/C
Ratio
Install signals 30%
(NS03) $1,662,630 $275,000 6.05
Install LED stop signs 15%
(NS06) $831,315 $12,000 69.28
Install overhead
flashing beacon on
mast arm or span
wire
15%
(NS08) $831,315 $20,000 41.57
Case Study Sheet: Location #10
Item Number: 3.

65 9.2 City-wide Countermeasure Toolbox
This evaluation considered citywide trends to identify countermeasures that would likely provide the most benefit with widespread implementation. Table 9 outlines the citywide safety project opportunities, which is also referred to as the “Countermeasure Toolbox”. Within the toolbox, the description of the countermeasure along with its Local Roadway Safety Manual (LRSM) ID number is listed. The next column, Crash Reduction Factor (CRF), are “multiplicative factors used to estimate the expected reduction in number of crashes after implementing a given countermeasure at a specific site (the higher the CRF, the greater the expected reduction in crashes).” For each of these countermeasures, a planning level benefit/cost analysis was completed.

Applying the benefit/cost at the citywide level was estimated assuming some randomness in crash distribution. The location characteristics, such as whether there is a traffic signal, and the type of crashes, were used at the citywide level to calculate an average cost of crashes that the countermeasure might reduce. The benefit per location was then factored out to a 20-year lifecycle savings, with an Opinion of Project Probable Cost (OPCC) for the initial installation costs and a per-year maintenance cost estimate. The cost shown in Table 9 should be considered initial planning costs using 2022 dollars and not assumed final.

Item Number: 3.

66 Table 9 - Citywide Safety Countermeasure Toolbox
ID Potential Countermeasures Where to apply?
Crash
Reduction
Factor
Per Unit
Cost Unit
S02 Improve signal hardware: back-plates with
retroreflective borders
Signalized intersections with significant right-angle
and rear-end collisions due to signal visibility
15% $12,000 per intersection
S03 Improve signal timing (coordination, phases, red,
yellow, or operation)
Signalized intersections with a history of collisions,
where signal operations can be improved
15% $7,000 per intersection
S04** Provide Advanced Dilemma Zone Detection for
high-speed approaches
Signalized intersections with significant right-angle
and rear-end collisions due to unsafe stopping
and illegal turns during stop phase.
40% $34,000 per intersection
S05 Install emergency vehicle pre-emption systems Signalized intersections that have potential for collisions or significant collisions with emergency
vehicles due to traffic conditions
70% $40,000 per Intersection
S10 Install flashing beacons as advance warning Signalized intersections where driver awareness and visibility can be increased
30% $20,000 per intersection
S21PB Modify signal phasing to implement a Leading
Pedestrian Interval (LPI) with new controller
Signalized Intersections – especially those with
high pedestrian activity
60% $8,000 per intersection
S18PB Install high visibility crosswalks Signalized intersections with high pedestrian traffic and no marked crossing.
25% $32,000 per intersection
R33PB Install Separated Bike Lanes Roadway segments that have high bicyclist activity
35% $250,000 per mile
S17PB Install pedestrian countdown signal heads Signalized intersections with no pedestrian countdown heads and high pedestrian activity
25% $16,400 per Intersection
NS01 Add intersection lighting Unsignalized intersections with a history of nighttime collisions and lack of sufficient lighting40% $28,000 per intersection NS03 Install signals Unsignalized intersections with a history of fatal or severe injury collisions
30% $275,000 per intersection
NS05 Convert intersection to roundabout (from 2-way
stop or Yield control)
Unsignalized intersections with a high number of
left-turn type collisions
15% varies varies
Item Number: 3.

67 ID Potential Countermeasures Where to apply?
Crash
Reduction
Factor
Per Unit
Cost Unit
NS06 Upgrade signage – Install LED stop signs Stop-controlled intersections which can be improved with more noticeable signs
15% $12,000 per intersection
NS08 Install flashing beacons at stop-controlled
intersections
Unsignalized intersections where driver
awareness can be increased
15% $10,000 per intersection
NS21PB Install/upgrade pedestrian crossing at
uncontrolled locations (with enhanced safety
features)
Unsignalized intersections with pedestrian
crossing that needs to be upgraded
35% $30,000 per location
NS23PB Install Pedestrian Signal (including pedestrian
Hybrid Beacon (HAWK))
Unsignalized intersections with a history of
collisions involving pedestrians
55% $150,000 per intersection
R01 Add segment lighting Roadway segments with a history of night-time collisions and lack of sufficient lighting
35% $900,000 per mile
R26 Install dynamic speed feedback signs Roadway segments with a history of collisions due to excessive speeds
30% $16,000 per sign
R28 Mark off parking areas Roadway segments where parking areas are not clearly defined
25% $1.55 per linear foot
R34PB Install sidewalk/pathway (to avoid walking along
roadway)
Roadway segments with a history of pedestrians
walking along the roadway due to lack of sidewalk
80% $80 per linear foot
R35PB Install/upgrade pedestrian crossing (with
enhanced safety features)
Roadway segment with pedestrian crossing that
needs to be upgraded
35% $15,000 per crossing
CMF 89 Restripe the intersection Intersections where striping is fading 18% $5,000 per intersection -* Install haptic audible pedestrian push buttons Signalized intersections with high pedestrian activity
5% varies varies
-* Remove stop-controlled left turn lanes and
restripe the intersection
Intersections where left turn lanes can potentially
add to driver confusion
5% varies varies
-* Restrict parking near driveways Roadway segments where cars partially/fully block driveways
5% $2.35 per linear foot
-* Relocating NB bus stop to far side of intersection Near intersections with bus stops across the street from one another
5% varies varies
-* Install curb extensions Intersections where curb can be extended to allow more room for pedestrians and cyclists
5% $80,000 per intersection
Item Number: 3.

68 ID Potential Countermeasures Where to apply?
Crash
Reduction
Factor
Per Unit
Cost Unit
-* Add tracking to help drivers stay in their lanes Intersections with a history of misalignment when turning
5% $2,500 per intersection
-* Upgrade traffic controller Signalized intersections with controllers that need to be upgraded
5% $6,200 per intersection
-* Install battery backup system Signalized intersections with missing battery backup systems
5% $25,000 per intersection
*These locations did not have an approved Crash Reduction Factor, so a conservative 5% CRF was assumed to calculate benefit ** Ineligible for HSIP Cycle 11 Funding
Item Number: 3.

69 10. Funding Sources & Next Steps

10.1 Funding
Competitive funding resources are available to assist in the development and implementation of safety projects in Desert Hot Springs. The City should continue to seek available funding and grant opportunities from local, state, and federal resources to accelerate their ability to implement safety improvements throughout Desert Hot Springs. This section provides a high-level introduction to some of the main funding programs and grants for which the City can apply.

10.1.1 Highway Safety Improvement Program
The Highway Safety Improvement Program (HSIP) is a Federal program that apportions funding as a lump sum for each state, which is then divided among apportioned programs. These flexible funds can be used for projects to preserve or improve safety conditions and performance on any Federal-aid highway, bridge projects on any public road, facilities for non-motorized transportation, and other project types. Safety improvement projects eligible for this funding include:
• New or upgraded traffic signals
• Upgraded guard rails
• Pedestrian warning flashing beacons
• Marked crosswalks
• Other projects listed in the Caltrans Local Road Safety Manual California’s local HSIP focuses on infrastructure projects with national recognized crash reduction factors. Normally HSIP call-for-projects is made at an interval of one to two years. The applicant must be a city, a county, or a tribal government federally recognized within the State of California.

Additional information regarding this program at the Federal level can be found online at:
https://safety.fhwa.dot.gov/hsip/. California specific HSIP information – including dates for upcoming call for projects - can be found at: http://www.dot.ca.gov/hq/LocalPrograms/hsip.html.

HSIP Cycle 11 applications are due in September 2022.

10.1.2 Caltrans Active Transportation Program
Caltrans Active Transportation Program (ATP) is a statewide funding program, created in 2013, consolidating several federal and state programs. The ATP funds projects that encourage increased mode share for walking and bicycling, improve mobility and safety for non-motorized users, enhance public health, and decrease greenhouse gas emissions. Projects eligible for this funding include:
• Bicycle and pedestrian infrastructure projects
• Bicycle and pedestrian planning projects (e.g., safe routes to school) • Non-infrastructure programs (education and enforcement) Item Number: 3.

70 This program funding is provided annually. The ATP call for projects typically comes out in the spring. Information on this program and cycles can be found online at:
http://www.dot.ca.gov/hq/LocalPrograms/atp/.

10.1.3 California SB 1
The California SB 1 is a landmark transportation investment to rebuild California by fixing neighborhood streets, freeways, and bridges in communities across California and targeting funds toward transit and congested trade and commute corridor improvements.

California’s state-maintained transportation infrastructure will receive roughly half of SB 1 revenue: $26 billion. The other half will go to local roads, transit agencies and an expansion of the state’s growing network of pedestrian and cycle routes. Each year, this new funding will be used to tackle deferred maintenance needs both on the state highway system and the local road system, including:
• Local Street and Road Maintenance and Rehabilitation: $1.5 billion o This funding is dedicated to improve local road maintenance, rehabilitation, and/or safety through projects such as restriping and repaving. • Bike and Pedestrian Projects: $100 million
o This will go to cities, counties, and regional transportation agencies to build or convert more bike paths, crosswalks, and sidewalks. It is a significant increase in funding for these projects through the ATP.
• Local Planning Grants: $25 million

10.1.4 California Office of Traffic Safety Grants
This program has funding for projects related to traffic safety, including transportation safety education and encouragement activities. Grants applications must be supported by local crash data (such as the data analyzed in this report) and must relate to the following priority program areas:
o Alcohol Impaired Driving
o Distracted Driving
o Drug-Impaired Emergency Medical Services
o Motorcycle Safety
o Occupant Protection
o Pedestrian and Bicycle Safety
o Police Traffic Services
o Public Relations, Advertising, and Marketing Program
o Roadway Safety and Traffic Records
Item Number: 3.

71 10.1.5 SCAG Sustainable Communities Program
This program is an innovative vehicle for promoting local jurisdictional efforts to test local planning tools. The Sustainable Communities Program (SCP) provides direct technical assistance to SCAG member jurisdictions to complete planning and policy efforts to implement the regional Sustainable Communities Strategies (SCS). Grants are available in the following three categories:
• Integrated Land Use
o Sustainable Land Use Planning
o Transit Oriented Development (TOD)
o Land Use & Transportation Integration
• Active Transportation
o Bicycle Planning
o Pedestrian Planning
o Safe Routes to School Plans
• Green Region
o Natural Resource Plans
o Climate Action Plans (CAPs)
o Green House Gas (GHG) Reduction programs

10.1.6 Safe Streets and Roads for All (SS4A) Grant Program This program has allocated $1B annually for the next 4 years for local cities, counties, MPOs, and other roadway owners (excepting state DOTs) for safety improvement grants for safety planning, education, enforcement, and roadway improvements. This program is not benefit / cost based.

Evaluation criteria are oriented to the project’s alignment with the Safe Systems approach. There is a 20% local match requirement (can be in-kind contribution via staff billable hours). Planning grants are open to any eligible agency and Implementation grants are open to agencies with a completed safety plan such as a Local Roadway Safety Plan. Planning grants are expected to range from $100K to $1M and Implementation grants are expected to range from $1M to $20M.

Grant applications are due in September 2022. Implementing a Local Road Safety Plan and the City’s adoption of a Vision Zero resolution makes the City eligible to apply for SS4A implementation grants.

10.1.7 Infrastructure Investment and Jobs Act
In November 2021, the President signed into law the $1.2 trillion Infrastructure Investment and Jobs Act. In addition to the SS4A grant program described above, this law provides billions of dollars in additional funding for improvements and investment in the transportation sector nationwide. The law provides $30 billion in funding over 5 years for competitive RAISE grants for transportation projects, as well as additional funding for repair and environmental mitigation projects. As these grant programs continue to be developed, City can position itself by identifying potential projects and programs to pursue.

Item Number: 3.

72 10.2 Next Steps
Once the Local Roadway Safety Plan has been completed, the City can plan to regularly review and monitor collision data for trends and changes, as well as update the LRSP every 5 years.

10.2.1 Monitoring
The City can plan to regularly monitor the success of the LRSP and its related implementations by performing the following steps. This before and after analysis can be performed at a yearly interval.
• Pull yearly collision data from Crossroads database to determine year-over-year trend • Utilize Crossroads or GIS software to review the number of collisions occurring at specific locations. Locations where improvements have been made should receive priority for monitoring.
• Based upon changes in collision activity, determine efficacy of improvements and adjust strategies going forward

10.2.2 Analysis Update
To maintain eligibility for HSIP grant funding, the City will need to update the LRSP every 5 years.

The City can plan to update the analysis by performing the following steps:

1. Obtain updated SWITRS collision data from the Crossroads database

2. Use Excel software to update the collision trend analysis completed in Section 7 of this report

3. Update the roadway shapefile with any new or upgraded roadways

4. Update the intersection shapefile with any new or upgraded intersections

5. Re-run the GIS collision tool to determine the number of collisions at intersections and roadways within the updated study period. The City can plan to run the collision tool for all collisions, as well as the collision types identified in Section 3.2.1 of this report.

6. Update collision analysis tables shown in Section 7.9 of this report Item Number: 3.

SR-22-260
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 6, 2022
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Resolution Authorizing Execution of the Application and Agreement for Social Security Coverage for Employees of the City of Desert Hot Springs RECOMMENDATION:

Adopt a Resolution of the City Council of the City of Desert Hot Springs, California authorizing the execution of the application and agreement for Social Security Coverage for employees.

BACKGROUND:

Local government employees may be covered for Social Security by a Section 218 Agreement but under some circumstances, certain employees may be excluded from Social Security. A local government can elect to exclude the following services from the agreement:
1) Any service of an emergency nature;
2) All services in any class or classes of elective legislative positions; 3) All services in any class or classes of part-time election officer positions, part-time volunteer firemen positions, and part-time members of boards and commissions.

In February 1967, the City adopted an agreement for coverage under Section 218 of the Social Security Act with the option to exclude the above listed services. However, the City’s payroll records show that those services were not excluded from Social Security reporting and therefore erroneous withholdings have occurred for a significant period of time. On July 5, 2022, the City Council adopted a resolution to amend the services excluded by option under the Section 218 Agreement of the Social Security Act.

The amended agreement will no longer exclude those service.

DISCUSSION:

After continued collaboration with CalPERS and the Social Security Administration, the next step in this process is to execute the amended application and agreement for Social Security coverage. The attached application and agreement, once signed and returned, will execute a modification to the California State Social Security Agreement to remove all exclusions for services except those services mandatorily excluded by Section 218 of the Social Security Act.

FISCAL IMPACT:

Item Number: 4.

SR-22-260
There will be no fiscal impact.

ATTACHMENTS:

Exhibit 1 - Resolution Authorizing Application & Agreement Item Number: 4.

P.O. Box 720720, Sacramento, CA 94229-0720 |Phone: (916) 795-0810 | Fax: (916) 795-3005 888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov/sssa November 29, 2022 CalPERS ID No.: 6958229795
Geoffrey Buchheim
City of Desert Hot Springs
11999 PALM DR
DESERT HOT SPRINGS, CA 92240-3609

Dear Geoffrey Buchheim,
Thank you for submitting the Resolution to provide Social Security coverage for the employees of City of Desert Hot Springs.

The next step is the adoption of the Resolution authorizing execution of the Application and Agreement for Social Security coverage for employees of the City of Desert Hot Springs. We are enclosing a partially completed Resolution, and Application and Agreement. The forms contain the terms of coverage indicated in the Resolution adopted by the City Council of the City of Desert Hot Springs. Luke Rainey, as Authorized Agent, should sign all copies of the enclosed Application and Agreement. The original and one copy of the adopted certified Resolution and the original and one copy of the signed Application and Agreement should be returned to this office.

Upon receipt of the above, we will request the Federal Government to include the City of Desert Hot Springs in the Social Security program.

These documents should not be modified in any way as only the content included in the documents provided by this office will be accepted.

If you have any questions regarding the enclosed information, please contact this office at (916) 795-0810.

Sincerely,
Alexa Montecalvo
State Social Security Administrator Program
Enclosures
Item Number: 4.

RESOLUTION NO. ______
(To Accompany Application and Agreement)
WHEREAS, the City of Desert Hot Springs (Public Agency) desires to file an application with the State and to enter into an agreement with the State to extend coverage to eligible employees of the Public Agency, as defined in Section 218(b)(5) of the Federal Social Security Act, coverage under the said insurance system on behalf of the Public Agency; and WHEREAS, official form "Application and Agreement" containing the terms and conditions under which the State will effect such inclusion has been examined by this body; NOW, THEREFORE, BE IT RESOLVED, that said Application and Agreement on said official form be executed on behalf of the Public Agency and submitted to the State to provide coverage under the California State Social Security Agreement of March 9, 1951, of all services performed by individuals as employees of the Public Agency, except the following:

1. All services excluded from coverage under the agreement by Section 218 of the Social Security Act; and

2. Services excluded by option of the Applicant as indicated in Resolution No. 2022- 039 adopted at a meeting of the City Council of the City of Desert Hot Springs on July 5, 2022: No exclusions
Effective date of coverage of services under said agreement to be January 1, 1987; and BE IT FURTHER RESOLVED, that Luke Rainey, City Manager, 11999 Palm Dr Desert Hot Springs, CA 92240-3609, is hereby authorized and directed to execute said Application and Agreement on behalf of and as Authorized Agent of the Public Agency and to forward same to the State for acceptance and further action; and Item Number: 4.

BE IT FURTHER RESOLVED, that authority hereafter to act as Authorized Agent, and so to conduct all negotiations, conclude all arrangements, submit all reports, and sign all agreements and instruments which may be necessary to carry out the letter and intent of the aforesaid application and agreement, in conformity with all applicable Federal and State laws, rules and regulations, is vested in the position of City Manager.

City of Desert Hot Springs
_____________________________________
Presiding Officer of the City Council of the City
Of Desert Hot Springs
_____________________________________
Title
_____________________________________
Date
Item Number: 4.

CERTIFICATION
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, State of California, do hereby certify the foregoing to be a full, true, and correct copy of Resolution No. ___________ adopted by the City Council of the City of Desert Hot Springs at the regular/special meeting held on the ____ day of ________ 2022, as the same appears of record in my office. _____________________________________
(Signature)
_____________________________________
(Title)
_____________________________________
(Date)
Item Number: 4.

APPLICATION AND AGREEMENT
For the purposes of this application and agreement, any reference made herein to any State or Federal statute or statutes, or regulations, or part thereof, applies to all amendments thereto now or hereafter made.

For the purposes of this application and agreement, "Federal System" means Old-Age, Survivors, and Disability and Health Insurance system established by the Federal Social Security Act, "Federal agency" means the Commissioner of Social Security, or successor in function to such officer, "Board" means the Board of Administration of the Public Employees' Retirement System, acting on behalf of the State of California.

The City of Desert Hot Springs, a public agency as defined in Section 22009 of the Government Code* hereinafter called Applicant, hereby makes application to the Board to execute a modification to the California State Social Security Agreement extending thereunder the Federal System to all services performed by individuals as employees of the Applicant in a coverage group as defined in Section 218 (b)(5) of the Social Security Act* except the following:

1. Those services mandatorily excluded from said agreement by Section 218 of the Social Security Act. *

2. The following services excluded by option of the Applicant pursuant to Resolution No. 2022-039, adopted on July 5, 2022:

No exclusions
*See Attachment
Item Number: 4.

In order to carry into effect, the common governmental duties under such statutes and in consideration of the mutual promises hereinafter made, the Applicant and the Board agree as follows:

1. The Board will execute a modification to the California State Social Security Agreement to extend thereunder the Federal System to the services of employees of Applicant as hereinbefore applied for.

2. Applicant will comply promptly and completely, throughout the term of this application and agreement, with the letter and intent of all statutes of the State of California, and Section 218 of the Federal Social Security Act, and applicable Federal and State regulations adopted pursuant thereto.

3. Applicant shall pay to the Federal Government amounts equivalent to the sum of taxes (employer-employee contributions) imposed under the Federal Insurance Contributions Act if the services of employees covered by the application and agreement constituted employment as defined in such Act. Applicant shall keep or cause to be kept accurate records of all remuneration for such services, said records to be maintained as required by Federal or State regulations, and said records shall be available for inspection or audit by the Board or its designated representative.

Applicant will prepare and submit such wage reports as may be required Item Number: 4.

4. Applicant shall pay and reimburse the State at such times as may be determined by the State:
(a) Any sums of money that the State may be obligated to pay or forfeit to the Federal Government by reason of any failure of the Applicant, for any cause or reason, to pay the contributions, penalties, or interest required by the agreement between the Federal agency and the State at such time or in such amounts as required by the said agreement and any State or Federal regulations adopted pursuant thereto.
(b) In such amounts, as may be determined by the State, its proportionate share of any and all costs incurred by the State in the administration of the Federal System as it affects the Applicant and its employees.
(c) In such amounts, as may be determined by the State, the cost of any and all work and services relating to the election for the purposes of coverage under the Federal System held with respect to the coverage group for which coverage under the Federal System is requested herein.
(d) In such amounts, as may be determined by the State, the costs of any audits of the books and records of the Applicant made by the State or its designated representatives pursuant to Section 22559 of the Government Code.

5. The coverage herein provided for shall be effective January 1, 1987.

6. That, subject to the aforesaid provisions and applicable law, this application and agreement may be amended by the mutual consent of the parties in writing.

Item Number: 4.

7. After the filing of this application and agreement, its acceptance and execution by the State shall constitute it a binding agreement between the Applicant and the State of California with respect to the matters herein set forth.

City of Desert Hot Springs
Signed by:
_____________________________________
(Authorized Agent)
And by:
_____________________________________
(Witness)
_____________________________________
(Title)
_____________________________________
(Date)
ACCEPTED: ________________________________

STATE OF CALIFORNIA

BOARD OF ADMINISTRATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY ______________________________________
Veronica Silva-Gil
State Social Security Administrator
State Social Security Administrator Program
Item Number: 4.

ATTACHMENT
Section 22009, Government Code:
"Public Agency" means the State, any city, county, city and county, district, municipal or public corporation or any instrumentality thereof, or boards and committees established under Chapter 10 of Division 6 of the Agricultural Code, Chapter 754 of Statutes of 1933, as amended, or Chapter 307 of the Statutes of 1935.

The following services are mandatorily excluded:
(a) service performed in a policeman's or fireman's position, covered by a retirement system at the time coverage is extended to the Public Agency; (b) service performed by an individual who is employed to relieve him from unemployment;
(c) service performed in a hospital, home, or other institution by a patient or inmate thereof;
(d) covered transportation service (as defined in Section 210(k) of the Social Security Act, as amended);
(e) service (other than agricultural labor or service performed by a student) which is excluded from employment by any provision of Section 210(a) of the Social Security Act, other than paragraph 7 of such section, or service the remuneration for which is excluded from wages by paragraph (2) of Section 209(h); (f) service performed by an individual as an employee on a temporary basis in case of fire, storm, snow, earthquake, or similar emergency;
(g) services performed by election officials or election workers for each calendar year in which the remuneration paid for such service is less than the threshold amount mandated by law.

Item Number: 4.

SR-22-262
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 6, 2022
Department: Public Works
Prepared by: Nicholas Haecker, Public Works Director
Subject: Community Development Block Grant Resolution Fiscal Year 2023-2024 RECOMMENDATION:

Adopt a Resolution of the City Council authorizing participation in and authorizing the City Manager to approve all agreements and necessary documents associated with the Community Development Block Grant (CDBG) for Fiscal Year 2023-2024.

BACKGROUND:

Each year the City receives an entitlement allocation of the Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Urban Development (HUD). The City’s 2023- 2024 CDBG allocation is estimated at $296,000. Most of these funds must be spent on capital projects, such as housing, public facility improvements, or eligible public works projects. Due to the federal budget process, the exact amount of the City’s 2023-2024 allocation may not be known until as late as May.

CDBG activities must meet one of the three CDBG national objectives; benefit low-income and moderate-income (LMI) persons, aid in the prevention or elimination of slums or blight, and meet a need having a particular urgency. At least 70% of the CDBG funds must be used for activities that benefit the low-income community. This restriction and the corresponding data collection requirements make qualifying for CDBG funding challenging for many cities. In addition to meeting national objectives, the activity itself must be designated as eligible for CDBG funding, which may be used for a variety of community development activities including acquisition of real property, rehabilitation of residential and non-residential structures, construction of public facilities and improvements, public services, and economic development and job creation/retention activities.

DISCUSSION:

To effectively utilize CDBG funds with eligible expenses, City Staff reviewed the CDBG criteria, the City’s Capital Improvement Plan, and inspected all existing facilities. Staff completed an inspection of all City Facilities and noted one of the current needs is to complete Reflection Park. Reflection Park, previously known as Hot Springs Park, is located 10-901 Palm Drive.

On December 3, 2019, City Council approved the rehabilitation of Hot Springs Park into Reflection Park, and authorized City Staff to submit a grant application for CDBG funding for construction. The consensus in the community and verified by the Parks Master Plan is that existing parks are not capable of fulfilling all the needs of the community and thus new facilities should be planned. The plan also Item Number: 5.

SR-22-262
stated the greater need for walking and biking trails within parks, and cultural facilities and programs, in which all would be accomplished as part of this project. The Reflection Park Project will renovate and add identity and character, a sense of belonging, and will help stimulate economic development.

The submission that was previously approved by CDBG was for the design and construction of Reflection Park Phase I, located on the Northwest corner of Palm Drive and 8th Street. The project site is roughly 0.44 acres which included the water fountain monument and the surrounding landscaping.

Reflection Park Phase II will be connected to Phase I. The project site for Reflection Park Phase II is north of Phase I and is roughly 0.75 acres. The Reflection Park Project Phase II will transform the entire

0.75 acres and provide transitions into existing surrounding infrastructure. The design for Reflection Park Phase I and Phase II has been completed and is ready for construction. The Reflection Park Project will include the removal of water features, decorative rock walls, benches, and other vertical elements. Construction and installation of new elements including the installation of Date Palm Trees, a walking pathway, benches in shaded areas, new landscaping, and state of the art lighting.

FISCAL IMPACT:

There is no fiscal impact for the filing of the Resolution. If approved, the City will receive $296,000 through the Community Development Block Grant for Fiscal Year 2023-2024.

ATTACHMENTS:

Exhibit 1 - CDBG Resolution FY 2023-24
Exhibit 2 - Notice of Funding Availability
Exhibit 3 - Site location
Exhibit 4 - Reflection Park rendering
Item Number: 5.

RESOLUTION NO. 2022-___

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

SPRINGS AUTHORIZING THE CITY OF DESERT HOT SPRINGS TO

PARTICIPATE IN AND AUTHORIZE THE CITY MANAGER TO APPROVE ALL

AGREEMENTS AND NECESSARY DOCUMENTS ASSOCIATED WITH THE
COMMUNITY DEVELOPMENT BLOCK GRANT FOR FISCAL YEAR 2023- 2024.

WHEREAS, the City of Desert Hot Springs has elected to apply and participate as unit of local government in the County of Riverside’s Urban County Program for Fiscal Year 2023- 2024; and
WHEREAS, the City of Desert Hot Springs CDBG funding for Fiscal Year 2023-2024 is estimated to be $296,000, and
WHEREAS, the City of Desert Hot Springs has an eligible project and community need for grant funds, and
WHEREAS, the City of Desert Hot Springs will use the funds for improvements and rehabilitation of an existing park into a new park, and WHEREAS, the City Manager or his designee has the full authority to execute all documents related to the agreements and any amendments, and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Desert Hot Springs approves the use of CDBG funds outlined in the staff report.

Section 1. That the above recitals are true and correct.

Section 2. The City Council approves Staff to participate in the County of Riverside’s Urban County Program for Fiscal Year 2023-2024 and authorizes the City Manager to submit the application on behalf of the City. Furthermore, the City Council authorizes the City Manager or his designee to approve and execute all agreements, reprograming actions, and make all necessary decisions associated with the Program.

PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on this 6th day of December, 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:
[SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 5.

ATTEST: APPROVED:

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

Jennifer Mizrahi, City Attorney
Item Number: 5.

CERTIFICATE OF CLERK
I, Jerryl Soriano, City Clerk of the City of Desert Hot Springs, do hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of the City of Desert Hot Springs duly and regularly held at the regular meeting place thereof on December 6, 2022, of which meeting all of the members of said City Council had due notice, and at said meeting said resolution was adopted by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

I do hereby further certify that an agenda of said meeting was posted at least 72 hours before said meeting at 11999 Palm Drive, Desert Hot Springs, CA 92240, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.

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

Dated: December 6, 2022
City Clerk of the City of Desert Hot Springs
[SEAL]
Item Number: 5.

COUNTY OF RIVERSIDE
Department of Housing and Workforce Solutions (HWS)
3403 10th Street, Suite 300
Riverside, CA 92501
TO: City Manager, Luke Rainey
City of Desert Hot Springs
FROM: Mike Walsh, Deputy Director HWS
DATE: August 16, 2022
RE: Notice of Funding Availability (NOFA) for the County of Riverside’s 2023-2024 Urban County Community Development Block Grant Program
Attached please find a copy of the Notice of Funding Availability (NOFA) for the County of Riverside’s 2023-2024 Urban County CDBG program for Cooperating Cities. 2023-2024 Action Plan/Funding Cycle
Applications will be accepted from cooperating cities for both internal (city-administered projects) as well as applications from the cities’ subrecipients including non-profits organizations, special districts, or other entities. All applications are due no later than November 18, 2022. Please see “What Cooperating Cities Must Submit to the County” at the end of this letter.

The County will only accept hard-copy, paper applications from the cooperating cities for the 2023-2024 cycle. A copy of the approved 2023-2024 CDBG application form has been attached to this NOFA. A fillable pdf version of the CDBG application is available upon request. An original and one copy of each proposal must be submitted to the County together with a resolution or minute order from your Council approving the projects and authorizing the submittal of the applications.

Your city’s 2023-2024 CDBG allocation is estimated to be $296,000; this allocation is subject to change.

Each cooperating city is responsible for planning, designing, and carrying out their own CDBG application process that best meets the needs of their city. The cities can decide to fund only internal city-administered projects, external subrecipient projects, or a combination of the two. The city council for each city will make the final funding decisions based upon the city’s priority community development needs.

The County has established several minimum thresholds concerning the cooperating cities’ CDBG application process:

Item Number: 5.

1. The process must be open and fair;

2. The city must publicly notice (newspapers, city website, social media) the opening of the city’s 2023-2024 CDBG application cycle;

3. The public notice should reference this Notice of Funding Availability (NOFA) for the County of Riverside’s 2023-2024 Urban County CDBG program for Cooperating Cities;

4. The notice should be published in both English and Spanish if a significant portion of the city’s residents speak Spanish – if there is a significant number of residents that predominantly speak another language, the city should publish their notice in that language as well;

5. The notice must provide direction as to where applications can be obtained, when the applications are due, and other application submittal instructions;

6. The notice will identify any funding priorities established by the city (e.g., senior programs, street improvements, youth programs, etc.);

7. The city must allow at least 30 days for the application process;

8. The public notice must provide information on the application review and approval process (e.g., staff review/council approval; staff review/committee review/ council approval, etc.);

9. The public notice must identify a contact person for questions and assistance; and

10.The notice must contain the date, time, and location where the city council will make the final 2023-2024 CDBG funding determinations.

Your city can only submit proposals for activities that have been identified in the 2019- 2024 Five Year Consolidated Plan as a priority activity for CDBG funding.

Please be sure to review the Timeliness and Drawdown section of the NOFA especially as it pertains to project readiness and completion.

For additional information regarding the 2023-2024 CDBG application cycle, please contact the CDBG Program Manager assigned to your city or:

Susana Orozco, Principal Program Manager
3403 Tenth Street, Suite 300
Riverside, CA 92501
(951) 955-5933
[email protected]
We look forward to receiving your city’s applications for the 2023-2024 Cooperating Cities CDBG program, and we thank you for your city’s participation in the County’s CDBG program.

Item Number: 5.

Item Number: 5.

Item Number: 5.

SR-22-255
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 6, 2022
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: (Successor Agency) Recognized Obligation Payment Schedule (ROPS 23-24) for the Period of July 1, 2023 Through June 30, 2024
RECOMMENDATION:

Adopt a Resolution of the Successor Agency approving the Recognized Obligation Payment Schedule (ROPS 23-24) and Administrative Budget for the Successor Agency for the period of July 1, 2023 through June 30, 2024.

DISCUSSION:

Health & Safety Code Section 34177 required that the Successor Agency (“Successor Agency”) to the Redevelopment Agency of the City of Desert Hot Springs (“Former RDA”) approve a Recognized Obligation Payment Schedule (“ROPS”) on an annual basis following the dissolution of the Former RDA.

The ROPS outlines enforceable obligations to be paid from the former tax increment funds, bond proceeds, and redevelopment trust funds. Once a ROPS is approved by the Successor Agency Board, the county-wide Oversight Board, and the Department of Finance (“DOF”), the ROPS serves as a permanent schedule of the obligations authorized to be paid for the continued wind down of the affairs of the Former RDA.

The Riverside County Auditor-Controller has allocated and will continue to allocate property tax increment to the Successor Agency to pay the obligations listed on the ROPS. Obligations not paid from tax increment will be paid from funds held in trust, debt service reserve funds, grant funds, interest income, and Low and Moderate Housing unobligated cash approved in prior ROPS periods and through the Housing Due Diligence Review Report.

The Successor Agency staff has completed its preparation of ROPS 23-24. This ROPS contains the actual and/or estimated payments that will be due and payable for the prescribed time period.

Expenditures are listing according to the funding source that will be used to make the payments. The funding sources include the property tax increment deposited into the Redevelopment Property Tax Trust Fund (“RPTTF”) and the administration allocation.

Similar to all previously approved ROPS, the ROPS 23-24 includes the administrative budget for the applicable period. Pursuant to Health & Safety Code Section 34171(b), the Successor Agency is permitted to claim up to 3% of the property tax allocated to the Redevelopment Obligation Retirement Item Number: 6.

SR-22-255
Fund or $250,000, whichever is greater. The total amount of the administrative budget for the period July 1, 2023 through June 30, 2024, is $250,000. This budget includes expenses related to legal services, staff and consultants.

Since the first ROPS in 2012, the Successor Agency has been able to repay the enforceable obligations so that only six are remaining on the ROPS 23-24. The remaining six obligations are for debt service, repayment of the SERAF loan and administrative costs. Below are key obligations listed on ROPS 22- 23, which may be of note to the Successor Agency Board (some of these items are included in the notes section of ROPS 23-24):

In June 2017, the Successor Agency refinanced and refunded the former RDA’s 2008A-2 Series Bond, 2006 Series Bond, and the 2009 Series Bond in favor of its 2017 Subordinate Tax Allocation Refunding Bond, to take advantage of an opportunity to pay reduced interest rates on its debt service. Annual bond trustee fees, property tax audits, service reports and disclosure reports are requirements of each bond indenture and will be on-going for the life of each bond issue.

The ROPS 23-24 contains the final payment for the 2008 A-1 Tax Allocation Bond Issue which is expected to mature by June 30, 2024.

The Successor Agency will continue to make SERAF payments to the Desert Hot Springs Housing Authority to its Low and Moderate-Income Housing Fund in repayment of the loan given to the former RDA. The ROPS 23-24 contains the final payment of that loan.

Once ROPS 23-24 is approved by the Successor Agency Board and the Oversight Board, it will be submitted to the State Controller’s Office, the County Auditor-Controller’s Office and the DOF. The Oversight Board must approve and submit the approved ROPS 23-24 by February 1, 2023, or penalties will be imposed on the Successor Agency and/or the City of Desert Hot Springs (“City”). The City, as the sponsoring jurisdiction of the Former RDA, is subject to a penalty in the amount of $10,000 per day if any ROPS is not timely submitted. In addition, the Successor Agency’s administrative cost allowance may be reduced by 25% if the ROPS is more than ten (10) days late.

It is anticipated that the Successor Agency Board-approved ROPS 23-24 will be presented to the Oversight Board at its regularly scheduled meeting on January 19, 2023.

The Auditor-Controller and the DOF will complete their review of the ROPS 23-24 by April 15, 2023 and will advise all successor agencies of the estimated amounts of property tax increment that will be remitted to each agency in accordance with the lows that dissolved redevelopment agencies. If the Successor Agency disputes the determination made by the DOF on ROPS 23-24, the Successor Agency is afforded five (5) business days following the DOF’s determination to request a Meet and Confer to discuss the disputed ROPS 23-24 items. Assembly Bill 1484 included procedures for conducting the meet and confer process which will be followed by staff as needed.

FISCAL IMPACT:

Funding sources for the expenditures listed in ROPS 23-24 will be paid from the Former RDA property tax increment, Successor Agency administrative allowance, and debt reserve accounts as needed.

The total amount of obligations scheduled to be paid during the period July 1, 2023 to June 30, 2024 is $4,450,414. A total of $3,691,862 of such obligations is for debt service principal and interest payments; repayment for the SERAF payment to the Housing Authority Fund of $503,552; trustee fees of $5,000; and an amount of $250,000 for the RPTTP administrative fees.

Item Number: 6.

SR-22-255
ATTACHMENTS:

Exhibit 1 - ROPS 23-24
Exhibit 2 - SA Resolution ROPS 23-24
Exhibit 3 - ROPS 23-24 Administrative Budget
Exhibit 4 - Revenue and Expenditure Report for the Period of July 1, 2020 through June 30, 2021 Item Number: 6.

Successor Agency Desert Hot Springs
County Riverside County
23 - 24A Total 23-24B Total
(July - December) (January - June) ROPS 23-24 Total
Current Period Requested Funding for Enforceable Obligations (ROPS Detail) A Enforceable Obligations Funded as Follows (B+C+D): - $ - $ - $ B Bond Proceeds
C Reserve Balance
D Other Funds - $ - $ - $
E Redevelopment Property Tax Trust Fund (RPTTF) (F & G): 2,667,707.00 $ 1,782,707.00 $ 4,450,414.00 $

F RPTTF
G Administrative RPTTF 2,667,707.00 $ 1,782,707.00 $ 4,450,414.00 $ H Current Period Enforceable Obligations (A + E): 2,667,707.00 $ 1,782,707.00 $ 4,450,414.00 $ _____________________________________________________________ Certification of Oversight Board Chairman Riverside County Board Chairman Pursuant to Section 34177 (o) of the Health and Safety code.

I hereby certify that the above is true and accurate Recognized Obligation Payment Schedule for the above named Successor Agency ____________________________________________________________ Signature
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Item Number: 6.

A B C D E F G H I
Other RPTTF
Bonds issued on
or before 12/31/10
Bonds issued on
or after
01/01/11
Prior ROPS
period balances
and

DDR RPTTF
balances retained
Prior ROPS
RPTTF distributed
as reserve for
future period(s)
Rent,
grants,
interest, etc.

Non-Admin
and
Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
- 2,111,734 - 1,459,502 92,254 -
Cell C-1 is held by the Trustee bank as the DSRF.

Cells F-1, G-1 and H-1 are carry over amounts
from Cells C-7, G-7 and H-7 from the Cash
Balances form from ROPS 19-20 after true up
presented to DOF upon review.
2 Revenue/Income (Actual 06/30/21)
RPTTF amounts should tie to the ROPS 20-21 total distribution from the County Auditor-Controller during June 2020 and January 2021. - - - - 3,050 4,664,848
Cell G-2 consists of miscellaneous income
totaling $0. Cell H-2 is RPTTF distributions of
$2,713,824 received June 2020 and $1,951,024
in January 2021.
3 Expenditures for ROPS 19-20 Enforceable Obligations (Actual 06/30/20) - - - 907 4,663,813
Cell G-3 represents the sum of actual costs for
property maintenance of $46,712. H-3 represents
the net use of RPTTF for approved enforceable
obligations.
4 Retention of Available Cash Balance (Actual 06/30/20) RPTTF amount retained should only include the amounts distributed as reserve for future period(s)
- 2,111,734 - 1,459,502 94,397 1,035
Cell G-4 represents the rental income balance
forward retained for property maintenance and
LRPMP expenses for future ROPS period 2019-
2020 and 2020-2021. Cell F-4 represents the
debt service reserve for ROPS 18-19
5 ROPS 18-19 RPTTF Balances Remaining No entry required 6 Ending Actual Available Cash Balance (06/30/19)
C to G = (1 + 2 - 3 - 4), H = (1 + 2 - 3 - 4 + 5) $ - - $ - $ - $ - $ - $ Desert Hot Springs Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1. 2020 through June 30, 2021 (Report Amounts in Whole Dollars) Cash Balance Information for ROPS 20-21 Actuals
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance
Item Number: 6.

Description Interest Principal Total Debt Service Payable Equal Payments 2017 Tax Allocation Bond Issue $ 690,112.00 $ 880,000.00 $ 1,570,112.00 $ 785,056.00 2008 A-1 Tax Allocation Bond Issue $ 71,750.00 $ 2,050,000.00 $ 2,121,750.00 $ 1,060,875.00 Total $ 761,862.00 $ 2,930,000.00 $ 3,691,862.00 $ 1,845,931.00 Debt Service Payments due for ROPS 2023-2024
Item Number: 6.

Item # Notes/Comments
1 Trustee Services are billed during the "A" ROPS Cycle 2 EO Debt Service payment for 2008 A-1 Series Bond using RPTTF - interest and principal was divided evenly into two equal payments 9 EO #9 has been retired
10 EO #10 has been retired
11 ED #11 has been retired
14 The amount requested for the Administrative Allowance is consistent with the provisions of HSC 34171 (b) and is thus considered fair and reasonable. 17 The amount payable for the SERAF loan was calculated using DOF's Sponsoring Entity Loan Repayment Calculator with data provided by the Riverside County CAC. 39 2017 Subordinate Tax Allocation Refunding Bond - June 21, 2017 (refinancing of 2008A-2, 2006 and 2009 Bonds). EO #39 is for THE INTEREST PORTION OF THE DEBT SERVCE ONLY. The interest portion of the debt service payments are due each September 1st and March 1st (i.e., during the "A" and "B" periods of the ROPS). 40 2017 Subordinate Tax Allocation Refunding Bond - June 21, 2017 (refinancing of 2008A-2, 2006 and 2009 Bonds). EO #40 is for THE PRINCIPAL REDUCTION PORTION OF THE DEBT SERVCE ONLY. The Principal reduction payments are due each September 1st (i.e., during the "A" ROPS period). 41 EO # 41 has been retired.

Additional Notes: See the Cash Balance Sheets
Desert Hot Springs Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024 Item Number: 6.

Item # Approved Obligations Notes Retired other funds RPTTF Admin RPTTF 2023-24 Total A Reserve Funds other funds RPTTF Admin RPTTF 2023-2024 Total B Grand Total 1 Trustee Fees Wells Fargo Bank N $ 5,000 $ 5,000 $ 5,000 2 2008 Series A-1 Tax Allocation Bond N $ 1,060,875 $ 1,060,875 $ 1,060,875 $ 1,060,875 $ 2,121,750 8 Perma JPA Annual Insurance Costs Y $ - $ - $ -
9 Graffiti Abatement Program Y $ - $ - $ -
10 Valley Lock and Safe Y $ - $ - $ -
11 Successor Agency Property Maintenance Y $ - $ - $ -
14 Successor Agency Administration N $ 125,000 $ 125,000 $ 125,000 $ 125,000 $ 250,000 17 Loan from Housing to Agency N $ 251,776 $ 251,776 $ 251,776 $ 251,776 $ 503,552 39 2017 Subordinat Tax Allocation Refunding Bond - June 21, 2017 (refinance 2008 A-2, 2006 and 2009 Bonds)
INTEREST ONLY PORTION N 345,056 $ 345,056 $ 345,056 $ 345,056 $ 690,112 $ 40 2017 Subordinat Tax Allocation Refunding Bond - June 21, 2017 (refinance 2008 A-2, 2006 and 2009 Bonds)
PRINCIPAL REDUCTION ONLY PORTION N 880,000 $ 880,000 $ - $ 880,000 $ 41 Third-Party Related Litigation Y
Totals $ - $ 2,542,707 $ 125,000 $ 2,667,707 $ - $ 1,657,707 $ 125,000 $ 1,782,707 $ 4,450,414 $ 4,450,414 test
ROPS for 2023-2024
Item Number: 6.

1 RESOLUTION NO. _____

RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF DESERT HOT

SPRINGS APPROVING A RECOGNIZED OBLIGATION PAYMENT
SCHEDULE (ROPS) FOR THE PERIOD JULY 1, 2023 THROUGH
JUNE 30 2024, PURSUANT TO HEALTH AND SAFETY CODE
SECTION 34177(l)
WHEREAS, the City Council of the City of Desert Hot Springs agreed to serve as the successor agency to the Redevelopment Agency of the City of Desert Hot Springs (“Redevelopment Agency”) commencing upon dissolution of the Redevelopment Agency on February 1, 2012 pursuant to Assembly Bill x1 26; and WHEREAS, pursuant to Health and Safety Code Section 34177(l), before each six-month fiscal period, the successor agency to a dissolved redevelopment agency is required to adopt a draft Recognized Obligation Payment Schedule (“ROPS”) that lists all of the obligations that are “enforceable obligations” within the meaning of Health and Safety Code Section 34171, and which identifies a source of payment for each such obligation from among (i) the Low and Moderate Income Housing Fund; (ii) bond proceeds; (iii) reserve balances; (iv) the administrative cost allowance; (v) revenues from rents, concessions, interest earnings, and asset sales; and (vi) the Redevelopment Property Tax Trust Fund established by the County Auditor-Controller to the extent no other source of funding is available or payment from property tax is contractually or statutorily required; and
WHEREAS, commencing with the ROPS period beginning July 1, 2016, each ROPS now must list enforceable obligations covering a one-year period and must now be submitted to and approved by the Department of Finance on an annual basis; and WHEREAS, the Successor Agency has prepared a ROPS and an administrative budget covering the period July 1, 2023 through June 30, 2024 (“ROPS 23-24”); and WHEREAS, the Successor Agency administrative budget covering the period of July 1, 2023 through June 30, 2024, as part of ROPS 23-24, is consistent with the provisions of HSC Section 34171 (b); and
WHEREAS, previously, it was required that each ROPS be submitted to the County Administrative Officer, County Auditor-Controller, the State Department of Finance, and the Successor Agency’s oversight board (“Local Oversight Board”), which oversaw the wind down activities of the Successor Agency; and WHEREAS, pursuant to Health and Safety Code Section 34179(j), the Local Oversight Board dissolved, and as of July 1, 2018, a single county-wide (Riverside County) oversight board (“Oversight Board”) was established which now assumed the Item Number: 6.

2 responsibilities of overseeing the wind down activities of all former redevelopment agencies within Riverside County, including the Successor Agency; and WHEREAS, it is anticipated that the Successor Agency Board-approved ROPS 23-24 will be presented to the Oversight Board at its regularly scheduled meeting on January 19, 2022.

NOW THEREFORE, the Successor Agency to the Redevelopment Agency of the City of Desert Hot Springs hereby resolves:

Section 1. RECITALS
That the Recitals set forth above are true and correct.

Section 2. APPROVAL OF ROPS 23-24 AND ADMINISTRATIVE BUDGET That the Successor Agency hereby approve and adopt ROPS 23-24 and the related administrative budget, in substantially the form attached hereto as Exhibit A.

Section 3. TRANSMITTAL
That Successor Agency staff is directed to transmit the ROPS 23-24 to the County Administrative Officer, the County Auditor-Controller, and the State Department of Finance, to the extent the same has not already been transmitted.

Section 4. OTHER ACTS
That each officer of the Successor Agency, including Successor Agency General Counsel, is hereby authorized and directed, jointly and severally, to execute and deliver such documents and instruments and to do such things which may be necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified, approved and confirmed. Such acts shall include, but shall not be limited to, reformatting of the ROPS 23-24 as may be required by the Department of Finance.

The City Manager, as the Successor Agency’s Executive Director or designee, is authorized to: i) post the ROPS 23-24 on the City’s website, ii) transmit the ROPS 23-24 to the State Department of Finance and the County Auditor-Controller for their review within the timeframe and in the manner prescribed by HSC; and iii) make ministerial revisions to ROPS 23-24, which may include, but are not limited to restating the information included within ROPS 23-24 in any format that may be requested by the State Department of Finance, take such other actions and execute such other documents as are necessary to effectuate the intent of this Resolution, and to implement ROPS 23-24 on behalf of the Successor Agency, including authorizing and causing such payments.

Item Number: 6.

3 Section 5. SEVERABILITY
That if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 6. EFFECTIVE DATE
That this Resolution shall take effect immediately upon adoption.

Section 7. CERTIFICATION
That the City Clerk acting for the Successor Agency shall certify to the passage of this Resolution and enter it into the book of original resolutions. [SIGNATURES FOLLOW ON THE NEXT PAGE]
Item Number: 6.

4 PASSED, APPROVED AND ADOPTED on this 6th day of December 2022 by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
____________________________ _______________________________ Jerryl Soriano, City Clerk Scott Matas
Successor Agency Secretary Successor Agency Chair
APPROVED AS TO FORM:
____________________________
Jennifer Mizrahi
Successor Agency General Counsel
Item Number: 6.

5 EXHIBIT “A”
ROPS 23-24 COVERING THE PERIOD OF JULY 1, 2023
THROUGH JUNE 30, 2024
AND

RELATED ADMINSTRATIVE BUDGET

SEE ATTACHED
Item Number: 6.

City of Desert Hot Springs Administrative Services Budget 2023-2024 Description Amount
Salaries $ 161,168
Benefits $ 15,714
Taxes $ 10,980
PERS Retirement $ 15,632
Workers Comp/General Liability $ 23,176
Successor Agency Attorney $ 23,330
Financial Consultant/Audit $ -
Total $ 250,000
Item Number: 6.

Adopted Budget Amended Current Month YTD YTD Budget - YTD % Used/ Account Account Description Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year Total Fund 911 - RDA Obligation Retirement ABX126

REVENUE
Department 00 - REVENUES
Division 00 - REVENUES
3109 TAX INCREMENT 4,679,648.00 .00 4,679,648.00 2,759,969.00 .00 4,710,993.00 (31,345.00) 101 4,823,472.00 3401 INVESTMENT EARNINGS 100,000.00 .00 100,000.00 899.65 .00 34,214.18 65,785.82 34 131,653.04 3420 RENTAL INCOME FEES .00 .00 .00 3,050.00 .00 3,050.00 (3,050.00) +++ .00 Division 00 - REVENUES Totals $4,779,648.00 $0.00 $4,779,648.00 $2,763,918.65 $0.00 $4,748,257.18 $31,390.82 99% $4,955,125.04 Department 00 - REVENUES Totals $4,779,648.00 $0.00 $4,779,648.00 $2,763,918.65 $0.00 $4,748,257.18 $31,390.82 99% $4,955,125.04 REVENUE TOTALS $4,779,648.00 $0.00 $4,779,648.00 $2,763,918.65 $0.00 $4,748,257.18 $31,390.82 99% $4,955,125.04

EXPENSE
Department 60 - DEBT SERVICE
Division 85 - ABX126 - POST REDEVELOPMENT
4100 SALARIES 157,224.00 5,297.00 162,521.00 12,912.60 .00 162,520.13 .87 100 158,877.97 4105 OVERTIME / ON-CALL .00 1,000.00 1,000.00 23.45 .00 673.33 326.67 67 634.50 4115 ANNUAL LEAVE BUYOUT .00 3,088.00 3,088.00 3,087.62 .00 3,087.62 .38 100 .00 4140 EMPLOYEE BENEFITS 24,206.00 5,000.00 29,206.00 (191.37) .00 28,271.82 934.18 97 21,124.56 4150 PERS RETIREMENT 13,293.00 1,061.00 14,354.00 1,094.49 .00 14,305.15 48.85 100 12,080.87 4155 PERS UNFUNDED LIABILITY - MISCELLANEOUS 2,000.00 .00 2,000.00 .00 .00 2,000.00 .00 100 2,000.00 4160 TAXES 13,329.00 .00 13,329.00 1,201.93 .00 12,407.27 921.73 93 12,079.44 4170 WORKERS COMP/GENERAL LIABILITY INSURANCE

EXPENSE
20,647.00 .00 20,647.00 .00 .00 20,607.94 39.06 100 18,619.79 4200 UTILITIES 1,000.00 .00 1,000.00 153.46 .00 907.25 92.75 91 911.92 4220 OFFICE SUPPLIES 10,000.00 .00 10,000.00 481.14 .00 6,123.16 3,876.84 61 6,032.25 4275 INSURANCE PREMIUMS 7,000.00 (1,061.00) 5,939.00 .00 .00 .00 5,939.00 0 .00 4285 ADMINISTRATIVE FEES 8,000.00 .00 8,000.00 .00 .00 5,000.00 3,000.00 62 5,330.00 4290 COMMISSIONS .00 .00 .00 .00 .00 980.00 (980.00) +++ 9,801.00 4291 SA LAND PAYMENTS TO AUDITOR CONTROLLER .00 7,891.00 7,891.00 .00 .00 7,891.00 .00 100 .00 4320 CONTRACT SERVICES 42,000.00 (14,385.00) 27,615.00 .00 .00 2,897.00 24,718.00 10 19,860.85 4401 INVESTMENT LOSS 50,000.00 (7,891.00) 42,109.00 837.71 .00 24,447.49 17,661.51 58 34,287.14 4700 PRINCIPAL 2,410,000.00 .00 2,410,000.00 (2,410,000.00) .00 .00 2,410,000.00 0 .00 4705 INTEREST EXPENSE 1,270,213.00 .00 1,270,213.00 (18,588.09) .00 1,251,624.41 18,588.59 99 1,393,936.49 4706 ACCRUED INTEREST EXPENSE .00 .00 .00 .00 .00 .00 .00 +++ 7,665.19 4780 LOSS ON SALE OF REAL/PERSONAL PROPERTY .00 .00 .00 .00 .00 90,880.00 (90,880.00) +++ 218,562.00 4999 TRANSFERS OUT 726,636.00 .00 726,636.00 .00 .00 726,636.00 .00 100 380,158.00 Division 85 - ABX126 - POST REDEVELOPMENT Totals $4,755,548.00 $0.00 $4,755,548.00 ($2,408,987.06) $0.00 $2,361,259.57 $2,394,288.43 50% $2,301,961.97 Department 60 - DEBT SERVICE Totals $4,755,548.00 $0.00 $4,755,548.00 ($2,408,987.06) $0.00 $2,361,259.57 $2,394,288.43 50% $2,301,961.97 EXPENSE TOTALS $4,755,548.00 $0.00 $4,755,548.00 ($2,408,987.06) $0.00 $2,361,259.57 $2,394,288.43 50% $2,301,961.97 Fund 911 - RDA Obligation Retirement ABX126 Totals
REVENUE TOTALS 4,779,648.00 .00 4,779,648.00 2,763,918.65 .00 4,748,257.18 31,390.82 99% 4,955,125.04 Run by Geoffrey Buchheim on 11/29/2022 10:50:41 AM Page 1 of 2 Budget Performance Report
Fiscal Year to Date 06/30/21
Include Rollup Account and Rollup to Account
Item Number: 6.

Adopted Budget Amended Current Month YTD YTD Budget - YTD % Used/ Account Account Description Budget Amendments Budget Transactions Encumbrances Transactions Transactions Rec'd Prior Year Total EXPENSE TOTALS 4,755,548.00 .00 4,755,548.00 (2,408,987.06) .00 2,361,259.57 2,394,288.43 50% 2,301,961.97 Fund 911 - RDA Obligation Retirement ABX126 Totals $24,100.00 $0.00 $24,100.00 $5,172,905.71 $0.00 $2,386,997.61 ($2,362,897.61) $2,653,163.07 Grand Totals
REVENUE TOTALS 4,779,648.00 .00 4,779,648.00 2,763,918.65 .00 4,748,257.18 31,390.82 99% 4,955,125.04 EXPENSE TOTALS 4,755,548.00 .00 4,755,548.00 (2,408,987.06) .00 2,361,259.57 2,394,288.43 50% 2,301,961.97 Grand Totals $24,100.00 $0.00 $24,100.00 $5,172,905.71 $0.00 $2,386,997.61 ($2,362,897.61) $2,653,163.07 Run by Geoffrey Buchheim on 11/29/2022 10:50:41 AM Page 2 of 2 Budget Performance Report
Fiscal Year to Date 06/30/21
Include Rollup Account and Rollup to Account
Item Number: 6.

SR-22-263
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 6, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Regular Meeting Minutes: November 15, 2022 RECOMMENDATION:

Approve the Minutes as presented; or as corrected.

ATTACHMENTS:

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

City of Desert Hot Springs

DRAFT 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.

Item Number: 7.

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
Item Number: 7.

City Council
November 15, 2022
Jennifer Mizrahi, City Attorney, reported that the City Council voted unanimously to commence litigation concerning Closed Session Item No. 3.

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.

Item Number: 7.

City Council
November 15, 2022
Mayor Matas reported on the various meetings and events he attended.

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;
Item Number: 7.

City Council
November 15, 2022
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.

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.

Item Number: 7.

City Council
November 15, 2022
Mayor Matas opened the Public Hearing.

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.

Item Number: 7.

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
Item Number: 7.

SR-22-256
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 6, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance Adding Chapter 8.48 Tenant Relocation Assistance to the Desert Hot Springs Municipal Code RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "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 Ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on November 15, 2022.

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

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS:

Exhibit 1 - Staff Report from November 15, 2022
Exhibit 2 - Tenant Relocation Ordinance
Item Number: 8.

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 Item Number: 8.

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
Item Number: 8.

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 Item Number: 8.

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.

Item Number: 8.

"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 Item Number: 8.

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.

Item Number: 8.

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.

Item Number: 8.

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.

Item Number: 8.

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.

Item Number: 8.

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
Item Number: 8.

SR-22-257
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 6, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of An Ordinance Repealing and Replacing Chapter 17.160 Massage Establishments of the Desert Hot Springs Municipal Code
RECOMMENDATION:

Approve Second Reading, read by title only and adopt: "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:

The ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on November 15, 2022.

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

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS:

Exhibit 1 - Staff Report from November 15, 2022
Exhibit 2 - Massage Ordinance (Hotels)
Item Number: 9.

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.

Item Number: 9.

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)
Item Number: 9.

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.

Item Number: 9.

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 Item Number: 9.

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 a the Massage Establishment.
“Patron” shall mean an individual on the premises of a Massage Establishment for the purpose of receiving Massage Therapy.

Item Number: 9.

“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
Item Number: 9.

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;
Item Number: 9.

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 state-licensed 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.

Item Number: 9.

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 CAMTC-Certified Massage Professional, the following information:

Item Number: 9.

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 Item Number: 9.

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, Item Number: 9.

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 non-transferable.

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:

Item Number: 9.

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.

Item Number: 9.

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:

Item Number: 9.

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 Item Number: 9.

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
Item Number: 9.

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.

Item Number: 9.

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.

Item Number: 9.

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 Item Number: 9.

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.

Item Number: 9.

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.

Item Number: 9.

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.

Item Number: 9.

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
Item Number: 9.

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.

Item Number: 9.

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.

Item Number: 9.

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.

Item Number: 9.

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:

Item Number: 9.

ATTEST:
________________________________
Jerryl Soriano, City Clerk
APPROVED:
_______________________________
Scott Matas, Mayor
APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 9.

SR-22-258
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 6, 2022
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Second Reading and Adoption of 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)
RECOMMENDATION:

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

The ordinance (Exhibit 2) was introduced and approved for first reading by the City Council on November 15, 2022.

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

DISCUSSION:

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS:

Exhibit 1 - Staff Report from November 15, 2022
Exhibit 2 - Ordinance LOMR
Item Number: 10.

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.

Item Number: 10.

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
Item Number: 10.

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 Item Number: 10.

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.

Item Number: 10.

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.

Item Number: 10.

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:

Item Number: 10.

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:

Item Number: 10.

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

SR-22-251
City of Desert Hot Springs
City Council

AGENDA ITEM REPORT
To: City Council
Date: December 6, 2022
Department: Administrative Services
Prepared by: Viviana Gonzalez-Osorio, Management Analyst Subject: Contracts Management Report as of November 15, 2022 RECOMMENDATION:

Receive and file.

DISCUSSION:

The FY 2022-2023 Amended Budget $10.5 appropriated for contract services. To facilitate management of the City’s contracts, a Contracts Management Report (Exhibit 1) has been developed and is submitted to the City Council for informational purposes. This report is comprised of operational contracts over $5,000 in support of daily City operations. This report assists staff in proactively administering contracts.

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Contracts Management Report as of November 15, 2022 Item Number: 11.

City of Desert Hot Springs
Contracts Management Report
December 06, 2022
Balance as of November 15, 2022
Service/Commodity Provided Current
Contractor/ Consultant
Responsible
Department / Division
Annual Contract
Amount Total Contract Amount
Total
Contract
Remaining
Balance
Contract
Effective
Date
Contract Expiration
Date
JOHN H. FURBEE AQUATICS CENTER POOL SERVICES 1 STOP POOL PROS Public Works $ 144,890.04 $ 144,890.04 $ 108,668.53 7/2/2019 6/30/2023 CITY WIDE ZONE 3 & 4 LANDSCAPE SERVICES DESERT CONCEPTS CONSTRUCTION Public Works $ 223,140.00 $ 223,140.00 $ 223,140.00 7/1/2019 6/30/2023 CITYWIDE JANITORIAL SERVICES KELLER MEYER BERGENSONS SERVICES LLC Public Works $ 268,092.12 $ 268,092.12 $ 225,117.90 7/1/2019 6/30/2023 CITY WIDE ZONE 1 & 2 LANDSCAPE SERVICES MARIPOSA LANDSCAPES, INC. Public Works $217,712.48 $217,712.48 $181,427.06 7/1/2021 6/30/2023 SENIOR CENTER MANAGEMENT MIZELL SENIOR CENTER Public Works $ 203,755.00 $ 203,755.00 $ 130,708.00 3/1/2019 6/30/2023 CITYWIDE STREET SWEEPING SERVICES SWEEPING CORPORATION OF AMERICA Public Works $ 98,682.10 $ 98,682.10 $ 98,682.10 1/1/2022 6/30/2023 CITYWIDE TRAFFIC SIGNAL SERVICES YUNEX LLC Public Works $ 56,980.00 $ 56,980.00 $ 56,980.00 7/1/2015 6/30/2023 SPECIAL DISTRICT ADMIN SERVICES WEBB MUNICIPAL FINANCE LLC Admin Services Agreement for a period of (3)
years beginning FY19-20
and continue until FY 21-22 Not
to exceed $256,615. $256,615 $0 11/20/2018
Funding exhausted as of
7/1/2022. RFP process
scheduled for Fall 2022
PROPERTY TAX AUDIT SERVICES HDL (HINDERLITER, DELLAMAS) COREN & CONE Admin Services Per Base Fixed Services Fee $94,887 $12,836 5/23/2017 6/30/2023 MARIJUANA DISPENSARY AUDIT SERVICES HDL (HINDERLITER, DELLAMAS) COREN & CONE Admin Services Not to exceed $104,500 through
FY 23-24 $104,500 $21,000 10/26/2016 6/30/2024
AUDIT SERVICES THE PUN GROUP Admin Services
TO 06/30/17: $68,440
FY 17-18: $69,809
FY 18-19: $71,204
FY 19-20: $72,628
FY 20-21 $74,082
FY 21-22 $75,563 $431,726 $112,864 4/18/2017
Contract expires after completion
of the FY 21-22 Audit
DEBRIS ABATEMENT PROGRAM DESERT VALLEY DISPOSAL (DVD) Admin Services $206,915 $206,915 $155,186 7/1/2021 Month to Month GRANT WRITING, RESEARCH & CONSULTING SERVICES EVAN BROOKS ASSOCIATES, INC. Admin Services $72,031 $72,031 $0 11/17/2020 Not to exceed annual dollar
amount
BANKING SERVICES MUFG UNION BANK OF CALIFORNIA Admin Services Per MUFG Union Ban k Price
Schedule
Per MUFG Union Ban k Price
Schedule N/A 5/19/2015 5/19/2023
FISCAL BUDGETING CONSULTING SERVICES URBAN FUTURES Admin Services $75,000.00 Annually (Total 3
year contract amendment not to
exceed $225,000.) $225,000 $155,611 10/10/2020 6/30/2023 GENERAL LEGAL SERVICES STREAM KIM City Manager Rate Schedule Rate Schedule Rate Schedule 7/1/2021 Open LITIGATION LEGAL SERVICES STREAM KIM City Manager Rate Schedule Rate Schedule Rate Schedule 7/1/2021 Open CANNABIS COMPLIANCE SERVICES CANNABIS COMPLIANCE SOLUTIONS City Manager Per Rate Schedule - not to
exceed $165,600.

Month to Month $13,800
Item Number: 11.
per month N/A 7/1/2020 Month to Month

City of Desert Hot Springs
Contracts Management Report
December 06, 2022
Balance as of November 15, 2022
Service/Commodity Provided Current
Contractor/ Consultant
Responsible
Department / Division
Annual Contract
Amount Total Contract Amount
Total
Contract
Remaining
Balance
Contract
Effective
Date
Contract Expiration
Date

CODE ENFORCEMENT/VEH ABATEMENT CONTRACT
SERVICES PAMELA CHAFFIN City Manager $50,000 $50,000 $41,220 8/1/2022 24 Hr. Termination Clause COUNCIL VIDEO AWESOME DUDE VIDEO City Manager / City Council NA NA NA 10/1/2012 Month to Month

LEGAL SERVICE LIEBERT CASSIDY
City Manager / Human
Resources Rate Schedule Rate Schedule Rate Schedule 2/4/2014 Month to Month TEMP SERVICES ROBERT HALF/OFFICE TEAM/CCOUNTEMPS Human Resources Rate Schedule Rate Schedule Rate Schedule 6/21/2022 Open TEMP SERVICES ATWORK PERSONNEL SERVICES Human Resources Rate Schedule Rate Schedule Rate Schedule 6/21/2022 Open TEMP SERVICES PROPER SOLUTIONS Human Resources Rate Schedule Rate Schedule Rate Schedule 6/21/2022 Open TEMP SERVICES LABOR FINDERS Human Resources Rate Schedule Rate Schedule Rate Schedule 6/21/2022 Open BUILDING PLAN CHECK INSPECTION SERVICES SCOTT FAZEKAS & ASSOCIATES Community Development $500,000 Annually plus
$100,000 contingency for a total
annual not to exceed of
$600,000. Not to Exceed $600,000
$97,063 (not
including $100,000
contingency) 9/7/2021 6/30/2024

BUILDING PLAN CHECK INSPECTION SERVICES/ OFFICIAL
& CASP SERVICES WILLDAN ENGINEERING Community Development FY 18-19 Contract Not to
Exceed $500,000. - Shall
automatically renew for (4)
successive 1 year terms 2023
Not to Exceed $500,000 $95,440 2/5/2019 6/30/2023
PLANNING STAFFING SERVICES WILLDAN ENGINEERING Community Development FY 19-20 Contract - Not to
Exceed $50,000.

Not to Exceed $50,000 $27,754 1/30/2020 24 Hr. Termination Clause PLAN CHECK SERVICES INTERWEST CONSULTING GROUP, INC. Community Development FY 18-19 Contract Not to
Exceed $500,000. - Shall
automatically renew for (4)
successive 1 year terms 2023
Not to Exceed $500,000 $496,538 2/5/2019 6/30/2023
ENVIRONMENTAL SERVICES CHAMBERS GROUP, INC. Community Development FY 19-20 Three (3) Year
Contract Not to Exceed
$150,000 per year.

Not to Exceed $450,000 $66,788 7/1/2019 Pending

EASTERN RIVERSIDE COUNTY INTEROPERABLE
COMMUNICATIONS AUTHORITY (ERICA) CITY OF INDIO Police
TOTAL 2015-2018:
$1,032,588.84, FY 2018-2019
$351,082.11, FY 2019-2020
$355,509.11 $1,739,180 $806,003 7/1/2015
Automatic Annual
renewal
ANIMAL SERVICES COUNTY OF RIVERSIDE ANIMAL SERVICES Police Billed per rate schedules $36,000 $28,451 7/1/2020 6/30/2023 FIRE SERVICES RIVERSIDE COUNTY FIRE DEPARTMENT Police
TOTAL FOR EACH FY: 2021-
2022 $1,831,996 2022-2023
$1,948,842 2023-2024
$2,071,434 $5,852,272 $4,939,047 7/1/2021 7/30/2024
GRAFFITI REMOVAL GRAFFITI PROTECTIVE COATING Police $60,000 $60,000 $36,616 7/1/2022 6/30/2023 Item Number: 11.