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City of Desert Hot Springs
AGENDA
REGULAR MEETING OF THE CITY COUNCIL
and the City Council Serving as the Successor Agency to the Former Redevelopment Agency Board
Tuesday, January 17, 2023
4:00 PM - Closed Session
5:15 PM - Presentations
6:00 PM - Regular Session
Council Chambers/City Hall
11-999 Palm Drive
Desert Hot Springs, California, 92240
Page
CLOSED SESSION - 4:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS
At this time, item(s) on the Closed Session agenda may be discussed during Public Comments. PLEASE STATE YOUR NAME FOR THE RECORD.
CLOSED SESSION:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8:
Property: 11691 West Drive (APN: 664-190-027)
Agency Negotiator: Luke Rainey, City Manager
Jennifer Mizrahi, City Attorney
Negotiating Parties: County of Riverside
Under Negotiation: Price and Terms
2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Pursuant to Government Code Section 54957(b): City Manager RECESS
PRESENTATIONS - 5:15 P.M.
Desert Valley Disposal Organic Waste Update
Desert Valley Disposal
Certificate of Recognition Presented to Nancy Wright, Mission Springs Water District
Installation of Officers:
• Gary Gardner, Councilmember - District 1
• Jan Pye, Councilmember - District 3
Selection of Mayor Pro Tem
REGULAR SESSION - 6:00 P.M.
CALL TO ORDER
ROLL CALL
INVOCATION
PLEDGE OF ALLEGIANCE
CITY ATTORNEY REPORT ON CLOSED SESSION
APPROVAL OF AGENDA
At this time the City Council may amend the order of the agenda, approve the Consent Calendar, remove items from the Consent Calendar for separate discussion and action, and add Urgency Items.
Urgency Items ("Added Starters"): The Brown Act, which governs public meetings, permits the City Council to take action on any item that does not appear on the agenda only if 2/3 of the City Council (if all are present) or all members of the City Council (if fewer than all members are present) determine there is a need to take immediate action on the item, and the need to take immediate action came to the City Council's attention after the agenda was posted.
PUBLIC COMMENTS
At this time, pursuant to the Brown Act, any person may comment on matters of general interest within the subject matter jurisdiction of the City Council, NOT listed on the agenda. Under the Brown Act, the City Council should not take action on or discuss matters raised during Public Comment portion of the agenda that are not listed on the agenda.
Comments are limited to the first ten (10) speakers at three (3) minutes per speaker. Speakers may not yield their time to others without consent of the Mayor. All comments are to be directed to the City Council and shall be devoid of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during public comments.
Please complete and submit a "speaker card" to the City Clerk. You will be asked to STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.
CITY MANAGER REPORT
MAYOR AND COUNCIL MEMBER REPORTS
PUBLIC HEARINGS:
3. An URGENCY Interim Ordinance Adopting a Moratorium on the Issuance of Any License, Permit or Entitlement That Is a Use Other Than the Ones Listed in This Ordinance as Exhibit A for Any Business Located in the Downtown Area Near City Hall, Solely Within the Zoning District of C-D (Commercial Downtown), Specifically Bounded by 1st Street to the North, Buena Vista Avenue, to the South, Mesquite Avenue to the East and Cactus Drive to the West (“Downtown Area”)
Erick Becerril, Community Development Director
Recommendation:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony of those in a neutral position; 8) Close the Public Hearing;
9) City Council discussion and questions to Staff; and
10) Adopt (by 4/5 vote of the City Council) and read by title only: "An URGENCY Interim Ordinance of the City Council of the City of Desert Hot Springs adopting a moratorium on the issuance of any license, permit or entitlement that is a use other than the ones listed in this ordinance as Exhibit A for any business located in the Downtown area near City Hall, solely within the Zoning District of C-D (Commercial Downtown), specifically bounded by 1st Street to the North, Buena Vista Avenue to the South, Mesquite Avenue to the East, and Cactus Drive to the West ("Downtown Area")."
Staff Report - SR-22-253 - Pdf
7 - 20
ADMINISTRATIVE CALENDAR:
4. Certification of the November 8, 2022 General Municipal Election Results
Jerryl Soriano, City Clerk
Recommendation:
Adopt a Resolution of the City Council reciting the fact of the General Municipal Election held in said City on November 8, 2022, declaring the result thereof and other such matters as provided by law.
Staff Report - SR-23-001 - Pdf
21 - 43
5. City Council Appointments to City Commissions
Jerryl Soriano, City Clerk
Recommendation:
Appoint five (5) members to each of the following Commissions for a twoyear term expiring in January 2025.
A) Planning Commission:
45 - 93
1) Ratify Mayor Matas' appointment of James Nindel;
2) Ratify Councilmember Betts' appointment of Mary-Kate Stoever; 3) Ratify Councilmember Gardner's appointment of Christopher Wagstaff;
4) Ratify Councilmember Pye's appointment of Dirk Voss; and 5) Ratify Councilmember Nuñez' appointment of Leroy Aleman.
B) Public Safety Commission:
1) Ratify Mayor Matas' appointment of Donna Lozano;
2) Ratify Councilmember Betts' appointment of Brian Meuse; 3) Ratify Councilmember Gardner's appointment of Martin Mitchell; 4) Ratify Councilmember Pye's appointment of Jose Trejo; and 5) Ratify Councilmember Nuñez' appointment of Kenneth Mitchell.
Staff Report - SR-23-002 - Pdf
6. Professional Services Agreement for Tax Administration Services with Webb Municipal Finance in the Amount of $278,496 for Three (3) Years
Geoffrey Buchheim, Administrative Services Director
Recommendation:
Authorize the City Manager to execute a Professional Services Agreement for Special District Tax Administration Services with Webb Municipal Finance in the amount of $278,496 for three years with the option of two (2) one-year extensions; and to authorize the City Manager to execute all necessary agreements, as approved to form by the City Attorney.
Staff Report - SR-23-012 - Pdf
95 - 311
7. Professional Services Agreement for Research and Consulting Services regarding the City-wide Lighting and Landscaping District 1 with the Lew Edwards Group in the Amount of $154,000.
Geoffrey Buchheim, Administrative Services Director
Recommendation:
Authorize the City Manager to execute a Professional Services Agreement for Research and Consulting Services regarding the City-wide Lighting and Landscaping District 1 with the Lew Edwards Group in the amount of $154,000.
Staff Report - SR-23-010 - Pdf
313 - 338
8. Mayor's Appointments to Various Intergovernmental and Regional Boards and Committees
Jerryl Soriano, City Clerk
Recommendation:
Ratify Mayor Matas' appointments to the various intergovernmental and regional boards and committees.
Staff Report - SR-23-008 - Pdf
339 - 342
9. Appointment of a Delegate and Alternate Delegate for the 2023 Southern California Association of Governments (SCAG) Annual General Assembly
Jerryl Soriano, City Clerk
Recommendation:
Appoint a delegate and alternate delegate for the 2023 SCAG Annual General Assembly on May 4, 2023 - May 5, 2023.
Staff Report - SR-23-009 - Pdf
343
CONSENT CALENDAR:
Matters on the "Consent Calendar" are considered routine and may be acted upon by one motion under "Approval of the Agenda." Individual items may also be removed by the City Council for separate discussion under "Approval of the Agenda." The title is deemed to be read and further reading waived on any ordinance listed on the Consent Calendar for second reading and adoption.
10. Second Reading and Adoption of An Ordinance Amending Chapter
17.190 “Desert Harvest Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to Establish Zoning Standards for the Desert Harvest Specific Plan Area and renaming the Specific Plan as the “Desert Gateway Specific Plan”
Jerryl Soriano, City Clerk
Recommendation:
Approve Second Reading, read by title only and adopt: "An Ordinance of the City Council of the City of Desert Hot Springs, California, amending Chapter 17.190 “Desert Harvest Specific Plan” to Title 17 “Zoning” of the Desert Hot Springs Municipal Code to establish zoning standards for the Desert Harvest Specific Plan Area and renaming the Specific Plan as the “Desert Gateway Specific Plan.”
Staff Report - SR-23-003 - Pdf
345 - 365
PUBLIC COMMENTS
Opportunity is given to those members of the public who have NOT addressed the City Council on an item which is NOT on the agenda. Comments are limited to three (3) minutes per speaker. PLEASE STATE YOUR NAME AND CITY OF RESIDENCE FOR THE RECORD.
ADJOURN
UPCOMING MEETING DATES
*Please refer to the City website calendar at www.cityofdhs.org for meeting locations and the most up to date information.
February 7 City Council Regular Meeting 6:00 p.m.
February 9 Public Safety Commission 6:00 p.m.
February 14 Planning Commission 6:00 p.m.
February 21 City Council Regular Meeting 6:00 p.m.
________________________________________________________________________________________
NOTICES
In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the Office of the City Clerk at City Hall during normal business hours at 11999 Palm Drive, Desert Hot Springs, CA 92240.
If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda at 11999 Palm Drive, Desert Hot Springs, CA 92240.
Americans with Disabilities Act
In an effort to comply with the requirements of Title 2 of the Americans with Disabilities Act of 1990, the City of Desert Hot Springs requires that any person in need of any type of special equipment, assistance, or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting to enable the City to make reasonable arrangements.
SR-22-253
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: January 17, 2023
Department: Community Development
Prepared by: Erick Becerril, Community Development Director Subject: An URGENCY Interim Ordinance Adopting a Moratorium on the Issuance of Any License, Permit or Entitlement That Is a Use Other Than the Ones Listed in This Ordinance as Exhibit A for Any Business Located in the Downtown Area Near City Hall, Solely Within the Zoning District of C-D (Commercial Downtown), Specifically Bounded by 1st Street to the North, Buena Vista Avenue, to the South, Mesquite Avenue to the East and Cactus Drive to the West (“Downtown Area”)
RECOMMENDATION:
1) Staff Report;
2) Entertain questions of Staff from City Council;
3) Open the Public Hearing;
4) Take public testimony from those in favor;
5) Take public testimony from those opposed;
6) Take public testimony of those in a neutral position; 8) Close the Public Hearing;
9) City Council discussion and questions to Staff; and
10) Adopt (by 4/5 vote of the City Council) and read by title only: "An URGENCY Interim Ordinance of the City Council of the City of Desert Hot Springs adopting a moratorium on the issuance of any license, permit or entitlement that is a use other than the ones listed in this ordinance as Exhibit A for any business located in the Downtown area near City Hall, solely within the Zoning District of C-D (Commercial Downtown), specifically bounded by 1st Street to the North, Buena Vista Avenue to the South, Mesquite Avenue to the East, and Cactus Drive to the West ("Downtown Area")." BACKGROUND:
Pursuant to the authority granted the City of Desert Hot Springs (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety. Adoption and enforcement of comprehensive zoning regulations and other land use regulations lies within the City’s police power.
The City is in the process of rehabilitating the downtown area near City Hall, specifically with the C-D zone specifically bounded by 1st Street to the North, Buena Vista Avenue, to the South, Mesquite Avenue to the East, and Cactus Drive to the West (“Downtown Area”). The City’s General Plan on LU4 provides that “Downtown is the City’s central business district and serves as the key area for local Item Number: 3.
SR-22-253
businesses, government functions, and public gatherings. Downtown parallels the Arts and Culture District, where art galleries, studios, and events are concentrated, forming a vibrant core.” Revitalization efforts to renew downtown areas are important for the economic well-being of the City, its residents and visitors. Downtown areas of cities are generally the lifeblood of our communities. The Downtown Area should play a critical role in bringing residents together to shop, socialize, and share in the collective experience of living in the City. The Downtown Area should also be developed in a manner to create a sense of community. It is becoming increasingly more difficult to create such a sense of community in the Downtown Area in the face of big-box retail stores, warehouses, and other lessintimate businesses. The City Council realizes that the Downtown Area relies on a strong small business, entrepreneurial ecosystem, and economic prosperity. In the process of such rehabilitation and revitalization, the City needs time to examine the uses it deems appropriate for this Downtown Area to achieve such sense of community and economic prosperity.
The City currently allows several different uses in the Downtown Area, including but not limited to certain sensitive uses. Several people and business entities have expressed an interest in applying for entitlements, permits and licenses within the Downtown Area, and some uses expressed may be inappropriate to achieve the City’s goals of maintaining a sense of community and economic prosperity.
Although there are several uses allowed within the City’s commercial districts, certain uses are currently allowed within the City may not be suited for the Downtown Area use since the Downtown Area, or portions thereof: 1) is a prominent welcoming area for all City residents and visitors since it is adjacent to or within close proximity to City Hall and the City’s Civic Center Area, and 2) could be used for a different land use that depends on convenient access to City Hall and the Civic Center Area.
The City anticipates that some people or entities may be seeking to establish uses that are not compatible with the vision that the City Council has for the Downtown Area before a non-urgency ordinance would become effective. If certain uses were permitted to be established in the Downtown Area without appropriate regulation, such uses might be established in areas that could conflict with the policies of the General Plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of the City Council objective to revitalize the Downtown Area.
DISCUSSION:
If approved, the proposed Ordinance would cause a temporary suspension of the processing of any incomplete application or approval of any permit, entitlement or license within the Downtown Area for those uses that are described in Exhibit A to the Ordinance. Further, no use permit, variance, building permit, or any other entitlement for use would be accepted, processed, approved or issued for the establishment or operation of the uses as “struck out” in Exhibit A to the proposed Ordinance for the Downtown Area. Adopting such proposed Ordinance would allow adequate time for the City to consider, study, and enact regulations for any such area, so that the City Council can properly consider the best uses and proper development standards for that area.
If passed, such proposed Ordinance would take effect immediately. In order to adopt such an ordinance, the following must be done:
1) Adoption requires a four-fifths vote of the City Council; Item Number: 3.
SR-22-253
2) The proposed Ordinance must contain findings, which are included with the proposed Ordinance, stating why the proposed Ordinance is needed to address a current and immediate threat to public health, safety, or welfare; and
3) 10 days prior to the expiration of the Proposed Ordinance or any extension thereof, the Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Proposed Ordinance.
The proposed Ordinance has an initial term of 45 days, unless it is extended by four-fifths vote of the Council. The proposed Ordinance can be extended by the City Council for a period of time up to 22 months and 15 days, for a total of 2 years.
FISCAL IMPACT:
The moratorium could cause a potential loss in development revenues such as building permit and plan check fees. The loss is not measurable as there are a number of factors that determine when and where a business will want to start operations and begin to apply for permits. Depending on those factors, the loss could be marginal or significant.
ENVIRONMENTAL ANALYSIS:
The City Council finds that adoption of this urgency interim ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.
ATTACHMENTS:
Exhibit 1 - Urgency Moratorium Ordinance
Exhibit 2 - Exhibit A to Ordinance
Item Number: 3.
1 ORDINANCE NO. ____
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DESERT HOT SPRINGS ADOPTING A MORATORIUM ON
THE ISSUANCE OF ANY LICENSE, PERMIT OR ENTITLEMENT THAT
IS A USE OTHER THAN THE ONES LISTED IN THIS ORDINANCE AS
EXHIBIT A FOR ANY BUSINESS LOCATED IN THE DOWNTOWN
AREA NEAR CITY HALL, SOLELY WITHIN THE ZONING DISTRICT OF C-D (COMMERCIAL DOWNTOWN), SPECIFICALLY BOUNDED BY 1st
STREET TO THE NORTH, BUENA VISTA AVENUE, TO THE SOUTH,
MESQUITE AVENUE TO THE EAST AND CACTUS DRIVE TO THE
WEST (“DOWNTOWN AREA”)
WHEREAS, pursuant to the authority granted the City of Desert Hot Springs (“City”) by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designed to promote public convenience and general prosperity, as well as public health, welfare and safety; and
WHEREAS, adoption and enforcement of comprehensive zoning regulations and other land use regulations lies within the City’s police power; and WHEREAS, the City is in the process of rehabilitating the downtown area near City Hall, specifically with the C-D zone bounded by 1st Street to the North, Buena Vista Avenue, to the South, Mesquite Avenue to the East and Cactus Drive to the West (“Downtown Area”); and
WHEREAS, the City’s General Plan on LU4 provides that “Downtown is the City’s central business district and serves as the key area for local businesses, government functions, and public gatherings. Downtown parallels the Arts and Culture District, where art galleries, studios, and events are concentrated, forming a vibrant core”; and
WHEREAS, revitalization efforts to renew downtown areas are important for the economic well-being of the City, its residents and visitors; and WHEREAS, downtown areas of cities are generally the lifeblood of our communities; and
WHEREAS, the Downtown Area should play a critical role in bringing residents together to shop, socialize, and share in the collective experience of living in the City; and
WHEREAS, the Downtown Area should also be developed in a manner to create a sense of community; and
WHEREAS, it is becoming increasingly more difficult to create such a sense of community in the Downtown Area in the face of big-box retail stores, warehouses, and other less-intimate businesses; and
Item Number: 3.
2 WHEREAS, the City Council realizes that the Downtown Area relies on a strong small business, entrepreneurial ecosystem, and economic prosperity; and WHEREAS, in the process of such rehabilitation and revitalization, the City needs time to examine the uses it deems appropriate for this Downtown Area to achieve such sense of community and economic prosperity; and
WHEREAS, the City currently allows several different uses in the Downtown Area, including but not limited to certain sensitive uses; and WHEREAS, several people and business entities have expressed an interest in applying for entitlements, permits and licenses within the Downtown Area, and some uses expressed may be inappropriate to achieve the City’s goals of maintaining a sense of community and economic prosperity: and
WHEREAS, although there are several uses allowed within the City’s commercial districts, certain uses are currently allowed within the City may not be suited for the Downtown Area use since the Downtown Area, or portions thereof: 1) is a prominent welcoming area for all City residents and visitors since it is adjacent to or within close proximity to City Hall and the City’s Civic Center Area, and 2) could be used for a different land use that depends on convenient access to City Hall and the Civic Center Area; and
WHEREAS, the City is currently working with California State Polytechnic University to develop and comprehensive downtown specific plan which will incorporate the Downtown Area to enhance the community synergy and encourage smart economic growth; and
WHEREAS, the City Council anticipates that some people or entities may be seeking to establish uses that are not compatible with the vision that the City Council has for the Downtown Area before a non-urgency ordinance would become effective; and
WHEREAS, if certain uses were permitted to be established in the Downtown Area without appropriate regulation, such uses might be established in areas that could conflict with the policies of the General Plan (which was made available for review by the City Council by the office of the City Clerk and a copy of which was made available for review), be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of the City Council objective to revitalize the Downtown Area; and
WHEREAS, the City is currently developing a comprehensive revision of Title 17 of the Desert Hot Springs Municipal Code which has not yet been completed or adopted; and
WHEREAS, Measure A-1 of the Desert Hot Springs General Plan requires the Community Development Department to prepare an Arts and Culture for consistency with the General Plan Land Use Plan Diagram and with the goals and policies in all Elements; and
Item Number: 3.
3 WHEREAS, Policy LU-4.1 of the Desert Hot Springs General Plan requires that all new development to be pedestrian friendly and oriented toward Pierson Boulevard and Palm Drive to allow retail, commercial services, and experimental uses to contribute to a thriving Downtown Environment; and
WHEREAS, Policy LU-4.3 of the Desert Hot Springs General Plan requires that the Downtown Vitality is taken into consideration for the promotion of activities, events, land uses, and development projects that enhance the vitality and vibrancy of the Downtown Area; and
WHEREAS, Policy LU-4.4 of the Desert Hot Springs General Plan requires the creation of public gathering spaces with flexible areas that allow for passive social gatherings and spaces for public events in Downtown and as such, areas will need to be identified to ensure that they adhere to the General Plan goals and policies; and WHEREAS, City staff needs time to develop appropriate zoning regulations, uses, and development standards for the Downtown Area; and WHEREAS, the local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders; and
WHEREAS, the City Council desires, on an urgency basis, to temporarily allow only certain businesses with thein the Downtown Area of the City; and WHEREAS, California Government Code Section 65858 provides the statutory authority and time limits for interim ordinances prohibiting any uses which may be in conflict with a contemplated general plan, specific plan or a zoning proposal which the City plans to consider, study or intends to study within a reasonable time; and WHEREAS, Government Code section 36937 provides that the City may adopt an ordinance that takes effective immediately when adopted for the immediate preservation of the public peace, health or safety, providing the ordinance contains a declaration of the facts constituting the urgency, and is passed by a four-fifths vote of the city council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT SPRINGS DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully set forth herein.
Section 2. EVIDENCE
That the City Council has considered all of the evidence at its meeting, which includes, but is not limited to, the following:
(a) The City's General Plan, including updates;
(b) The City’s Municipal Code;
Item Number: 3.
4 (c) The staff report; and
(d) The public comments, both written and oral, received and/or submitted at, or prior to the City Council's consideration of this urgency interim ordinance.
Section 3. FINDINGS
That based on the foregoing recitals and evidence, the City Council finds as follows:
(a) The recitals of this ordinance are hereby incorporated in this Section as findings.
(b) State law protects local licensing practices, zoning ordinances, and other local actions taken pursuant to the City’s constitutional police power. (c) The local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders.
(d) The City needs to properly plan and develop the zoning, uses, regulations, and development standards that will be within the Downtown Area.
Section 4. CONCLUSIONS
That based on the foregoing recitals, evidence and findings, the City Council concludes as follows:
(a) It is necessary to temporarily suspend the processing of any application or approval of any permit, entitlement or license, for any kind business in the Downtown Area and marked by a cross-out in Exhibit A (attached hereto and incorporated herein) to allow adequate time for the City to consider, study, and enact regulations for the Downtown Area, so that the City Council can properly consider the best uses and proper development standards for the Downtown Area.
(b) That a temporary moratorium will provide the City with time to consider, study, draft, and adopt proper zoning, uses, development standards and regulations regarding the Downtown Area in a manner that are consistent with the General Plan and Municipal Code, compatible with surrounding neighborhoods, and in the best interests of the residents of the City.
Section 5. INTERIM MORATORIUM IMPOSED
For a period of forty-five (45) days, commencing on the date of adoption of this urgency interim ordinance, or until such time as this ordinance may expire subject to any extension of this ordinance that the City Council may adopt and approve pursuant to Section 65858 of the Government Code, no use permit, variance, building permit, or any other entitlement for use shall be accepted, processed, approved or issued for the establishment or operation of, and no person shall otherwise establish, a use that is not specifically enumerated in Exhibit A of this Ordinance within the Downtown Area.
Item Number: 3.
5 Section 6. URGENT NEED
Based on the foregoing recitals, evidence, findings and conclusions which are all deemed true and correct, this interim ordinance is urgently needed for the immediate preservation of the public safety, health, and welfare.
Section 7. REPORT
Pursuant to Government Code Section 65858(e), ten (10) days prior to the expiration of this interim ordinance or any extension, the City Council shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of this ordinance.
Section 8. ENVIRONMENTAL FINDINGS
The City Council finds that adoption of this urgency interim ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to prohibit certain uses within the Downtown Area and does not have the potential to significantly impact the environment.
Section 9. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this ordinance as hereby adopted shall remain in full force and effect.
Section 10. AMENDING OF BAIL SCHEDULE
The City Attorney’s Office is hereby directed to determine whether this ordinance necessitates amendment of the City’s Bail Schedule and to cause such necessary amendments to be made and filed with the local branches of the Superior Court of the County of Riverside.
Section 11. EFFECTIVE DATE
This interim ordinance is an urgency ordinance for the immediate preservation of the public health and safety and it shall be passed and become effective immediately upon its introduction pursuant to California Government Code Section 36937.
Section 12. EXPIRATION
Unless extended in accordance with California Government Code Section 65858, this ordinance shall be of no further force or effect after March 3rd, 2023, which is fortyfive (45) days from the date of its adoption.
Item Number: 3.
6 The foregoing urgency interim Ordinance was approved by at least four-fifths of the City Council and adopted at a meeting of the City Council held on ____ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
________________________________
Jerryl Soriano, City Clerk
_______________________________
Scott Matas, Mayor
APPROVED AS TO FORM:
________________________________
Jennifer A. Mizrahi, City Attorney
Item Number: 3.
Quality Code Data 2/3/2022, Page 1
TABLE 17.12.01
PERMITTED USES – COMMERCIAL AND VISITOR SERVING DISTRICTS USE
COMMERCIAL DISTRICTS
CODE SECTION
C-N C-G C-D C-H C-BP VS-C
BUSINESS, FINANCIAL, AND PROFESSIONAL OFFICE
Automated Teller Machines (ATMs) –
Drive-up AUP P P P — —
Business Support Services P P P P P P
Check Cashing and/or Payday Loans — P CUP — — —
Financial Institutions and Related
Services (without drive-through
facilities)
P P P P P P
Office, Business and Professional P P P P P CUP
EATING AND DRINKING ESTABLISHMENTS
Bars, Lounges, Nightclubs, and Tasting
Rooms — CUP CUP CUP CUP A 17.12.050
Food Preparation/Catering (no on-site
sales or service) AUP P P P P A
Restaurant – Full or Limited Service,
Serving Alcohol CUP AUP AUP AUP AUP CUP 17.12.050
Restaurant – Full or Limited Service, No
Alcohol Sales P P P P P P
Restaurant with Drive-through Facilities P P — P P CUP 17.12.100 Snack Bar A A A A A A
INDUSTRY, MANUFACTURING AND PROCESSING, AND WAREHOUSING Brewery, Winery, or Distillery — CUP CUP CUP CUP —
Data Centers — — — — AUP —
Hazardous Waste Facilities — — — — — —
Food Processing — — — — — —
Furniture and fixtures manufacturing,
cabinet shops, and woodworking shops
(wholesale sales only)
— — — — P —
Laboratory – Medical, Analytical,
Research, Testing — — — — AUP —
Laundries and Dry-Cleaning Plants — — — — — —
Manufacturing – Heavy — — — — — —
Manufacturing – Light — — — — CUP —
Recycling
Small Collection Facility — AUP — AUP AUP —
Item Number: 3.
Quality Code Data 2/3/2022, Page 2
USE
COMMERCIAL DISTRICTS
CODE SECTION
C-N C-G C-D C-H C-BP VS-C
Large Collection Facility — CUP — CUP CUP —
Light Processing — — — — — —
Heavy Processing — — — — — —
Reverse Vending Machine A A A A A A
Research and Development — — — — P —
Storage – Outdoor — — — — CUP —
Warehouse, Wholesaling and
Distribution — — — — CUP —
LODGING
Hotel and Motel (without spa) — CUP CUP P CUP P
Spa Resort — — — CUP CUP P
Homeless Shelters – up to 20 beds — — — — CUP —
Homeless Shelters – more than 20 beds — — — — CUP —
Low Barrier Navigation Center — — — — — P
MARIJUANA USES
Marijuana Nonstorefront Retail — — — — CUP1,2 —
1 In Industrial Cannabis
Overlay Zone,
marijuana use cannot
be a stand-alone use
and must in center with
other retail/commercial
uses.
2 In Overlay Zone use
Ch. 17.180 as default
regulations.
Marijuana Distribution — — — — CUP1,2 —
Marijuana Cultivation — — — — CUP1,2 —
Marijuana Entertainment Facilities CUP CUP — CUP CUP CUP Marijuana Hotel Facilities CUP CUP — CUP CUP CUP
Marijuana Manufacturing — — — — CUP1 —
Marijuana Storefront Retail CUP CUP — CUP CUP — 17.180.040 Marijuana Testing Facilities P P P P P P 17.180.070
MEDICAL-RELATED AND CARE USES
Ambulance Fleet — — — — AUP —
Clinic and Urgent Care — AUP — AUP AUP —
Day Care Center — — — — — — 17.12.090
Item Number: 3.
Quality Code Data 2/3/2022, Page 3
USE
COMMERCIAL DISTRICTS
CODE SECTION
C-N C-G C-D C-H C-BP VS-C
Health Facilities, Therapy and
Rehabilitation — CUP — AUP P —
Hospital — CUP — CUP CUP —
Office, Medical and Dental Office P P P P P CUP
Residential Care Facilities CUP — — — — —
PUBLIC AND ASSEMBLY USES
Cultural Institutions AUP P P P P P
Public Assembly Facilities — CUP CUP CUP CUP CUP
Religious Assembly Facilities — CUP CUP CUP CUP CUP
Schools, Private CUP CUP CUP — CUP —
Trade and Vocational Schools — P P P P P
Tutoring and Education Centers P P P P P P
RECREATION AND ENTERTAINMENT
Art Gallery P P P P P P
Arcade (Electronic Game Center) CUP AUP AUP AUP AUP —
Commercial Recreation – Indoors CUP P P P P P
Commercial Recreation – Outdoors CUP CUP CUP CUP CUP CUP Entertainment, Indoor AUP AUP P P P P
Health/Fitness Facilities
Health/Fitness Facilities – Small AUP P P P P P
Health/Fitness Facilities – Large CUP CUP CUP CUP CUP CUP
RESIDENTIAL USES
Accessory Dwelling Unit — — — — — —
Dwelling, Multifamily — — — — — CUP 17.12.140
Dwelling, Single-Family — — — — — —
Home Occupations — — — — — —
Single Room Occupancy (SRO) — — — — — — 17.08.200
Supportive Housing — — — — — —
Transitional Housing — — — — — —
RETAIL USES
Alcohol Beverage Sales
For Off-Site Consumption CUP AUP AUP AUP AUP AUP 17.12.050 Item Number: 3.
Quality Code Data 2/3/2022, Page 4
USE
COMMERCIAL DISTRICTS
CODE SECTION
C-N C-G C-D C-H C-BP VS-C
For On-Site or Off-Site
Consumption, in Conjunction with
an Allowed Use
— CUP CUP CUP CUP CUP 17.12.050
Building Materials and Services, Indoor — P P P P —
Building Materials and Services,
Outdoor — CUP — P AUP —
Convenience Store, No Alcohol Sales AUP P AUP P P P 17.12.080 Farmers’ Market TUP TUP TUP TUP TUP TUP
Grocery Store P P P P P P
Nurseries and Garden Centers — P AUP P P —
Outdoor Temporary and/or Seasonal
Sales TUP TUP TUP TUP TUP TUP
Recreational Equipment Rentals – Indoor
Only P P P P P A
Retail Sales – General P P P P P P
Retail Sales – Restricted — CUP CUP CUP CUP CUP
Vehicle Sales and Rental — CUP — P — — 17.12.060
Large Vehicle, Construction, and Heavy
Equipment Sales, Service, and Rental — CUP — — CUP —
SERVICE USES
Animal Care, Services
Animal Boarding/Kennels,
Grooming AUP P AUP P P CUP
Veterinary Services, Large Animal — P AUP P P CUP
Veterinary Services, Small Animal AUP P P P P CUP
Funeral Parlors and Internment Services — AUP — — AUP — Instructional Services P P P P P P
Maintenance and Repair Services –
Indoor P P P P P CUP
Moving Companies, Storage Allowed — — — — AUP —
Personal Services, General P P P P P P
Personal Services, Restricted CUP CUP CUP CUP CUP CUP
Recording Studio — AUP — AUP P CUP
Social Service Facilities — P — P P P
Storage
Item Number: 3.
Quality Code Data 2/3/2022, Page 5
USE
COMMERCIAL DISTRICTS
CODE SECTION
C-N C-G C-D C-H C-BP VS-C
Personal — CUP — — CUP — 17.16.060
Outdoor Recreational Vehicle
Storage — — — CUP —
Vehicle Repair and Services
Service/Fueling Station CUP CUP CUP AUP CUP — 17.12.170 Vehicle Washing/Detailing A AUP A AUP AUP —
Vehicle Service, Minor — AUP — P P —
Vehicle Service, Major — — — CUP —
TRANSPORTATION, COMMUNICATION, AND INFRASTRUCTURE USES
Car Sharing – Parking AUP AUP AUP AUP AUP AUP
Parking Facility – Temporary TUP TUP TUP TUP TUP TUP
Utility Facilities – Staffed — AUP — AUP AUP —
Utility Facility – Unstaffed AUP AUP — AUP AUP AUP
Vehicle Charging Stations – Commercial AUP P P P P P
Vehicle Storage — — — — CUP —
Wireless Communication Facilities –
Minor AUP AUP AUP AUP AUP AUP
Wireless Communication Facilities –
Major CUP CUP CUP CUP CUP CUP
Wireless Telecommunication Facilities,
Satellite Dish Antenna P P P P P P
OTHER USES
Caretaker Quarters — — — — AUP A
Donation Boxes – Outdoors — — — — CUP —
Drive-Through or Drive-Up Facilities — AUP — AUP AUP —
Vending Machine A A A A A A
(Ord. 728 1-19-21; ord. 727 1-19-21; Ord. 712 6-2-20; Ord. 610 5-2-17; Ord. 524 § 5, 2010; prior code § 159.06.020)
Item Number: 3.
SR-23-001
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: January 17, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: Certification of the November 8, 2022 General Municipal Election Results RECOMMENDATION:
Adopt a Resolution of the City Council reciting the fact of the General Municipal Election held in said City on November 8, 2022, declaring the result thereof and other such matters as provided by law.
BACKGROUND:
On November 8, 2022 a General Municipal Election was held to elect two (2) councilmembers representing Council Districts 1 and 3.
Pursuant to California Elections Code § 10262 and Resolution No. 2022-027 (Exhibit 1), the Riverside County Registrar of Voters (“ROV”) has completed the canvass of returned ballots and certified the election results (Exhibit 3).
Pursuant to California Elections Code § 10263, upon completion of the canvass and prior to installing new officers, the City Council shall adopt a resolution reciting the fact of the election and declare elected the persons for whom the highest number of votes were cast for each office. Therefore, the proposed resolution (Exhibit 2) declares that the following officers were duly elected:
• Council Member - District 1: Gary Gardner
• Council Member - District 3: Jan Pye
FISCAL IMPACT:
There is no cost associated with adopting this resolution. The estimated cost of the election ($20,000) was appropriated in the FY 2022-23 Budget in Account No. 100-4320-41-11-0000 (City Council / Contract Services). The actual cost of the election is unknown until receipt of the invoice from Riverside County.
Additionally, candidates who chose to submit a candidate’s statement paid a $600 deposit upon filing of their nomination papers. The invoice, once received, will indicate a breakdown of the actual cost to each Candidate. Depending on the actual cost, Candidates will either be reimbursed or charged the difference.
Item Number: 4.
SR-23-001
ATTACHMENTS:
Exhibit 1 - Resolution 2022-027 Calling the Election
Exhibit 2 - Resolution Certifying the November 8, 2022 Election Results Exhibit 3 - Certificate of Election Results - November 8, 2022 GME Item Number: 4.
RESOLUTIONNO. 2022-027
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, CALLINGAND GIVINGNOTICE OF THE
HOLDINGOF A GENERAL MUNICIPALELECTIONTO BE HELDINTHE
CITY ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF
CERTAIN OFFICERS OF THE CITY AND REQUESTING SERVICES
FROM THE RIVERSIDE COUNTY REGISTRAR OF VOTERS AND
PROVIDINGFOR CANVASS OF THE ELECTION BYTHE CITYCLERK
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Desert Hot Springs as follows:
Section 1. GENERAL MUNICIPALELECTION
That pursuant to the requirements of the Desert Hot Springs City Charter, Desert Hot Springs MunicipalCode, and the laws of the State of California relating to elections, there is called and ordered to be held in the City of Desert Hot Springs, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two (2) members of the City Council from Districts 1 and 3, respectively, for the full term of four (4) years. The seats are currently held by incumbent City Council members Gary Gardner and Jan Pye.
Section 2. BALLOT DESIGNATIONS
That the City Clerk shall follow the California Secretary of State's Ballot Designations Guidelines.
Section 3. BALLOTS
That the ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used there at.
Section 4. PROCUREMENT
Except for those services routinely conducted by the City Clerk as the local elections of?cial, delegation is hereby made to the Riverside County Registrar of Voters to procure and furnish any and all of?cial ballots, notices, printed matter and allsupplies, equipment and paraphernalia that may be necessary in order to conduct said election in accordance with all applicable laws and procedures.
Section 5. REIMBURSEMENT
That the City of Desert Hot Springs shall reimburse Riverside County for services performed when the work is completed and upon presentation to the City of a properly approved bill.
Item Number: 4.
Section 6. CANVASS
The Riverside County Registrar of Voters is hereby authorized, instructed, and directed to canvass the returns of the General Municipal Election and give such further or additional notice of said election, in time, form, and manner as required by law.
Section 7. ELECTION RESULTS
That pursuant to Sections 10262, 10263, 15301, and 15302 ofthe Elections Code, the City Clerk of the City of Desert Hot Springs shall certify the results to the City Council no later than the third Friday following the certi?cation of the election by the Registrar of Voters.
Section 8. REPEAL OF CONFLICTINGRESOLUTIONS
That all the provisions of any existing resolution as heretofore adopted by the City Council that are in con?ict with the provisions of this Resolution are hereby repealed.
Section 9. PASSAGE ANDADOPTION
That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions ofthe City of Desert Hot Springs; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of the City of Desert Hot Springs, in the minutes of the meeting at which the same is passed and adopted.
PASSED ANDADOPTED by the City Council of the City of Desert Hot Springs at a regular meeting held on the 21st day of June, 2022 by the following vote:
AYES: 5 — Gardner; Nunez; Pye; and Mayor Matas.
NOES: None.
ABSENT: 1 - Betts.
ABSTAIN: None.
[SIGNATURES FOLLOWON THE NEXT PAGE]
Item Number: 4.
ATTEST: APPROVED:
J 'rryl oriano, City 3erk Scott Matas, Mayor
APPROVED AS TO FORM:
4*
Jennifer A/M , ty Attorney
Item Number: 4.
RESOLUTION NO. 2023-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DESERT
HOT SPRINGS, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON
NOVEMBER 8, 2022, DECLARING THE RESULT THEREOF AND
OTHER SUCH MATTERS AS PROVIDED BY LAW
WHEREAS, the City of Desert Hot Springs (“City”) is a charter city organized pursuant to Article XI of the California Constitution; and WHEREAS, a regular General Municipal Election was held and conducted in the City of Desert Hot Springs, California, on Tuesday, November 8, 2022; and WHEREAS, the election of candidates to the following seats: City Council (two seats representing Districts 1 and 3), were placed on the November 8, 2022, Official Ballot; and
WHEREAS, notice of said election was duly and regularly given in time, form, and manner as provided by law; voting precincts were properly established; election officers were appointed and in all respects said election was held and conducted and made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, pursuant to Resolution No. 2022-027 adopted on June 21, 2022, the Registrar of Voters of Riverside County canvassed the returns of said election and has certified the results to the City Clerk and the City Clerk completed the canvas and has certified the results to this City Council, said results are received, attached and made a part hereto as “Exhibit A”.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DESERT HOT
SPRINGS, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. NUMBER OF BALLOTS
That the total number of ballots cast in the City of Desert Hot Springs was 2,049.
Section 2. CANDIDATES
That the names of persons voted for at said election for Member of the City Council of said City are as follows:
District 1:
1) Gary Gardner
District 3:
1) Jan Pye
2) Adam Sanchez
Item Number: 4.
Section 4. NUMBER OF VOTES
That the number of votes for each of candidates listed above and the number of votes for and against each of the ballot measures referenced above, are listed in “Exhibit A” attached hereto
Section 5. DECLARATION AND DETERMINATION
That the City Council does hereby declare and determine that as a result of the election:
A) Gary Gardner is elected as City Council Member of the City of Desert Hot Springs representing District 1 for a full term of four (4) years; and B) Jan Pye is elected as City Council Member of the City of Desert Hot Springs representing District 3 for a full term of four (4) years.
Section 6. STATEMENT OF RESULTS
That the City Clerk shall enter on the records of the City Council of said City, a statement of the result of said election, incorporated herein by this reference, showing:
1) The whole number of votes cast in the City;
2) The names of the persons voted for;
3) For what office each person was voted for;
4) The number of votes given at each precinct to each person; and 5) The number of votes given in the City to each person.
Section 7. CERTIFICATE OF ELECTION
That the City Clerk shall immediately make and deliver to each of the persons elected a Certificate of Election signed and authenticated by the City Clerk.
Section 8. OATH/AFFIRMATION OF OFFICE.
That the City Clerk shall administer to each person elected the Oath/Affirmation of Office prescribed in the Constitution of the State of California, have each of them subscribe to it and file the Oaths/Affirmations in the office of the City Clerk and all persons selected shall be included in the respective office to which they have been elected.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Desert Hot Springs at a special meeting held on the 17th day of January 2023, by the following vote:
Item Number: 4.
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ ____________________________ Jerryl Soriano, CMC, City Clerk Scott Matas, Mayor
APPROVED AS TO FORM:
______________________________
Jennifer Mizrahi, City Attorney
Item Number: 4.
EXHIBIT A
STATEMENT OF VOTE
General Municipal Election
November 8, 2022
Item Number: 4.
ART TINOCO
Assistant Registrar of Voters
REBECCA SPENCER
Registrar of Voters
REGISTRAR OF VOTERS
COUNTY OF RIVERSIDE
CERTIFICATE OF REGISTRAR OF VOTERS
TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS
State of California )
) ss.
County of Riverside )
I, REBECCA SPENCER, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the votes cast on November 8, 2022, as part of the Consolidated General Election in the
CITY OF DESERT HOT SPRINGS
and I further certify that the statement of votes cast, to which this certi?cate is attached, shows the whole number of votes for each candidate for elective of?ce at said election, in said City, and in each precinct therein, and that the totals as shown for each candidate are full, true, and correct.
Dated this 15‘day of December 20202 REBECCA SPENCER
Registrar of Voters
Matt Ceballos
Chief Deputy Registrar of Voters
2720 Gateway Drive | Riverside, CA 92507-0921
Mailing address: 2724 Gateway Drive | Riverside, CA 92507-0918 (951) 486-7200 [ California Relay Sen/ice (Dial 711) | FAX (951) 486-7272 www.voteinfo.net
Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8. 2022
1 Desert Hot Springs City
Council, District 1
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401013
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401015
401018
401019
Electionwide
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Cambn?a
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
25th Congressional District
(Por. Imp 8.SB)
401005
401008
401009
401011
401012
401013
401014
401015
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday. December 1. 2022 4:09 PM Page 12118 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8. 2022
1 Desert Hot Springs City
Council, District 1
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401008
401009
401011
401012
401013
401014
401015
401018
401019
47:» Assembly District (Por.
se)
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
St Bd oi Equalization 4 (Por.
SB.SD.Or& Imp)
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Community
College Districts sub-district
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12119 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8, 2022
1 Desert Hot Springs City
Council, District 1
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401009
401011
401012
401013
401014
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401018
401019
Unincorporated - Uni?ed
School Districts
401005
401008
401009
401011
401012
401013
Palm Springs Uni?ed School
District TN5
401014
401015
401018
401019
Unincorporated - Unified
School Districts sub-district
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Union High
School Districts sub-district
401005
401008
Printed: Thursday. December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1.2022 4:09 PM Page 12120 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8, 2022
1 Desert Hot Springs City
Council, District 1
mou mi.I
401009
401011
401012
401013
401014
401015
401018
401019
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Unincorporated - Elementary
School Districts
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Elementary
School Districts sub-district
401005
401008
401009
401011
401012
401013
401014
401015
401018 401019
Riverside County
401005
401008
401009
401011
401012
401013
401014
401015
401018
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12121 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8. 2022
1 Desert Hot Springs City
Council, District 1
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401019
4th Supervisorial District
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
City of Desert Hot Springs
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
City of Desert Hot Springs
Council District#1
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Special
Elections
401005
401008
401009
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12122 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8, 2022
1 Desert Hot Springs City
Council, District 1
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401011
401012
401013
401014
401015
401018
401019
Unincorporated - Unincorporated
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - California
Water Districts
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Community
Services Districts
401013
401014
401019
Coachella Valley Water Dist
Div 1
401018
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1.2022 4:09 PM Page 12123 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8, 2022
1 Desert Hot Springs City
Council, District 1
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DistrictIDiv.1
401008
401012
401015
Mission Springs Water
Distn'ctlDiv.5
401005
401009
40101 1
Unincorporated - County
Water Districts sub-district
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Fire Districts
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Heatth Care
Districts
401005
401008
401009
401011
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12124 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8, 2022
1 Desert Hot Springs City
Council, District 1
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401013
401014
401015
401018
401019
Unincorporated - Health Care
Districtssub-district
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Library
Dsuhns
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Municipal
Water Districts sub-district
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12125 of 15484 Item Number: 4.
Riverside
Riverside 2022 General
Unincorporated - Recreation 8-
Parks Districts
401005
401008
401009
401011
401012
401013
401014
401015
401018
401019
Unincorporated - Recreation &
Parks Districts sub-district
401008
401018
Desert Water Agency Division
1 401005
401009
401011
401012
401015
Desert Water Agency Division
2 401013
401014
401019
Unincorporated - Water
Agencies sub—district
Contest Total
1 Desert Hot Springs City
Council, District 1
I
958 30.45 %
"*" Indicates vote data was suppressed due to voter privacy settings.
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM DistrictCanvass
November 8, 2022
Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8, 2022
1 Desert Hot Springs City Council,
District 3
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403000
403007
California
403000
403007
25th Congressional District
(Por. Imp &SB)
403000
403007
19th Senatorial District(Por.
SB)
403000
403007
47th Assembly District (Por.
sa)
403000
403007
St Bd of Equalization 4 (Por.
SB.SD.Or &Imp)
403000
403007
Unincorporated - Community
College Districtssub-district
403000
403007
Unincorporated - Uni?ed
School Districts
403000
Printed: Thursday. December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1. 2022 4:09 PM Page 12127 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8, 2022
1 Desert Hot Springs City Council,
District 3
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Patm Springs Uni?ed School
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403000
403007
Unincorporated - Union High
School Districtssub-district
403000
403007
Unincorporated - Elementary
School Districts
403000
403007
Unincorporated - Elementary
School Districtssub-district
403000
40300?
Riverside County
403000
403007
4th Supervisorial District
403000
403007
City of Desert Hot Springs
403000
403007
City of Desert Hot Springs
Council District #3
403000
403007
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12128 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8, 2022
1 Desert Hot Springs City Council,
District 3
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Unincorporated - Special
Elections
403000
403007
Unincorporated - Unincorporated
403000
403007
Unincorporated - California
Water Districts
403000
403007
Unincorporated - Community
Services Districts
403000
Mission Springs Water
DistrictIDiv. 1
403007
Unincorporated - County
Water Districtssub-district
403000
403007
Unincorporated — Fire Districts
403000
403007
Unincorporated - Health Care
Districts
403000
403007
Unincorporated - Health Care
Districts sub-district
Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1, 2022 4:09 PM Page 12129 of 15484 Item Number: 4.
Riverside DistrictCanvass
Riverside 2022 General November 8. 2022
1 Desert Hot Springs City Council,
District 3
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Unincorporated - Library
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403007
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Water Districtssub-district
403000
403007
Unincorporated - Recreation &
Parks Districts
403000
403007
Unincorporated - Recreation 8.
Parks Districts sub-district
403000
403007
Desert Water Agency Division
3 Contest Total
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Printed: Thursday, December 1, 2022 4:16 PM Data Refreshed: Thursday, December 1.2022 4:09 PM Page 12130 of 15484 Item Number: 4.
SR-23-002
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: January 17, 2023
Department: City Clerk
Prepared by: Jerryl Soriano, City Clerk
Subject: City Council Appointments to City Commissions
RECOMMENDATION:
Appoint five (5) members to each of the following Commissions for a two-year term expiring in January 2025.
A) Planning Commission:
1) Ratify Mayor Matas' appointment of James Nindel;
2) Ratify Councilmember Betts' appointment of Mary-Kate Stoever; 3) Ratify Councilmember Gardner's appointment of Christopher Wagstaff; 4) Ratify Councilmember Pye's appointment of Dirk Voss; and 5) Ratify Councilmember Nuñez' appointment of Leroy Aleman.
B) Public Safety Commission:
1) Ratify Mayor Matas' appointment of Donna Lozano;
2) Ratify Councilmember Betts' appointment of Brian Meuse; 3) Ratify Councilmember Gardner's appointment of Martin Mitchell; 4) Ratify Councilmember Pye's appointment of Jose Trejo; and 5) Ratify Councilmember Nuñez' appointment of Kenneth Mitchell.
DISCUSSION:
Appointment Process
Pursuant to Desert Hot Springs Municipal Code (DHSMC) § 2.24.020:
• One (1) member of each Commission shall be appointed by one (1) member of the City Council, and ratified by a majority of the City Council; • Members of any commission shall be appointed for two-year terms commencing at the February meeting of the year of appointment;
• At the completion of any term, a commission member may be reappointed pursuant to the procedures set forth in this section;
Item Number: 5.
SR-23-002
• Vacancies that occur shall be filled by appointment for the unexpired term of the member replaced.
In furtherance of DHSMC Sections 2.24.020(a) dealing with Commission appointments, and
2.24.030(a) dealing with Commission vacancies, all members of the City Council shall have an opportunity to review the applications of the Commission applicant(s) as follows:
• The Councilmember who is responsible for the appointment of a Commissioner shall notify the City Clerk prior to time the agenda is posted for the meeting at which the proposed Commissioner appointment is to be made of the name of the proposed Commissioner. The City Clerk shall include the names and applications of all persons who submitted an application for the Commission in the agenda packet, including that of the proposed Commissioner. • The proposed Commissioner, but not all applicants, shall appear at the council meeting when the appointment is being made and shall be available to answer questions from the councilmembers.
• If an appointment to any Commission is not made within 60 days of vacancy, the Mayor, or Mayor Pro Tem in the Mayor’s absence, shall make the appointment, subject to ratification by a majority of the City Council present at the meeting.
On December 8, 2022, the City Clerk issued a Notice announcing the vacancies and opening the application period through January 9, 2023. Applicants and re-appointment requests from incumbents are listed below:
Applicants:
Item Number: 5.
SR-23-002
Re-Appointment Requests:
FISCAL IMPACT:
Pursuant to DHSMC Sections 2.32.050, 2.44.060, and 2.40.050, members of each Commission receive a salary in the amount of $100.00 per any officially convened Commission meeting that they attend.
ATTACHMENTS:
Exhibit 1 - 2023 Notice of Commission Vacancies
Exhibit 2 - Commission Application: Leroy Aleman
Exhibit 3 - Commission Application: Kaden Cross
Exhibit 4 - Commission Application: Bea Cortes
Exhibit 5 - Commission Application: Mirna Flores
Exhibit 6 - Commission Application: Stephen Kelley
Exhibit 7 - Commission Application: George Kleist
Exhibit 8 - Commission Application: James Matthews
Exhibit 9 - Commission Application: Martin Mitchell
Exhibit 10 - Commission Application: Michael Rizzio
Exhibit 11 - Commission Application : Robert Rowe
Exhibit 12 - Commission Application: Mary-Kate Stoever
Exhibit 13 - Commission Application: Veronica Smith
Exhibit 14 - Commission Application: Jose Trejo
Exhibit 15 - Commission Application: Dirk Voss
Item Number: 5.
NOTICE OF COMMISSION VACANCIES
The City of Desert Hot Springs is seeking interested candidates to apply for positions on City Commissions for the 2023-2025 term commencing in February 2023. Following is a complete list of Commissions and vacancies.
Commission Vacancies
Planning Commission
Meets on the 2nd Tuesday of each month at 6:00 P.M.
PURPOSE: The City's success is linked to its ability to plan for the future. As such, the Planning Commission plays a vital role. The Commission's responsibilities include:
• Ongoing evaluation of the City's building codes and ordinances; • Continual update of the City's General Plan;
• General oversight of zoning review and variances.
5 Public Safety Commission
Meets on the 2nd Thursday of each month at 6:00 P.M.
PURPOSE: Providing citizens with public safety is one of the most important services a city can offer. The Desert Hot Springs Police Department is charged with ensuring the city is safe, drug free, crime free and gang free. The Public Safety Commission is an ongoing public forum that ensures the public is involved in the process. Commission members serve as liaison between the community leaders, citizens and the Desert Hot Springs Police Department; and review budgets and proposal for greater efficiency and effectiveness in the area of public safety.
5 Requirements:
You must be a resident and registered voter of the City of Desert Hot Springs to serve on a Commission (DHSMC 2.24.040).
Compensation:
Each member of a City Commission shall receive compensation in the amount of $50.00 per meeting (DHSMC 2.40).
Appointments – Terms:
The Mayor and each City Councilmember shall appoint one member to each Commission, subject to ratification by a majority of the City Council.
Each member of a City Commission is appointed for a two-year term commencing at the February meeting of the year of appointment.
APPLICATION PROCESS
CLICK HERE to Apply
Applications are also available at City Hall. Completed applications may be submitted to the Office of the City Clerk at 11-999 Palm Drive, Desert Hot Springs, CA 92240 or via email to [email protected]. 11999 PALM DRIVE • DESERT HOT SPRINGS • CA • 92240
(760) 329-6411• www.cityofdhs.org
CITY OF DESERT HOT SPRINGS
OFFICE OF THE CITY CLERK
Item Number: 5.
Application Deadline:
The deadline to submit a completed application is 6:00 P.M. on January 9, 2023. The City Council is scheduled to consider the appointment at the January 17, 2023 City Council Meeting. /s/ Jerryl Soriano, CMC
City Clerk Posted: December 8, 2022
This notice was duly posted as required by law. Final appointment will not be made by the City Council for at least ten working days after the posting of this notice at the City Hall Public Notices Board, the City Clerk’s Office, and the City’s Website.
Item Number: 5.
Commission/Board Application
Y0urAppIi'mtimi win he Ismisidered by meDesert Hot Springs r, mrsancy exists an a cmnni sion Baard my\vhz'L‘Iiyou have nppiied. If[her miicil pm\'i'de'd mma
'5 no vacancy.
your app[1L‘ati0nwill be kept on filemy1 year [0 be miisidemi when an opening does 0 Residency
Registered Vuter
“Wee
Length «(Residency in the City nf Desert Hot Springs
36 years
(Example: 2 Years)
Are ynn a Registered vmer in the City of Desert Hot Springs? Yes
N0
GENERAL INFORMATION
Last Name
First Name
Address *
Plume Number *
Email Address
Aleman
Leroy
Street Address
Address Line 2
City
Desert Hot Springs
Pnstal I zip Code
92240
Slate / province / Region
California
Cnlmlry
United States
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order at preference.
an PLANNING CDMIVJISSION
15:.‘Choice Zrid Choice Nat Interested
Meets the 2IId Tuesday nf each month at 6:00 p.m.
mmmiw w
1963
O
V
I‘
-4‘*7
X
Item Number: 5.
PUBLIC SAFETY COMMISSION
Isl‘ Choice 2nd Choice Nat Interested
Meets the 2nd Thursday oreach month at 6:00 p.m.
QUESTIONS
The following intormation consists nf some nf the iactors used by the city Council, and/or subcommittee tlmmnf to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.
Background / work Experience / civic involvement
Worked since I was 16 in many fields cook, logistics, construction, cannabis, grocery store. Involved with giving back to the community. Attended civics academy. also plan to attend city meetings in the future even if I don't get the position I'm applying for.
occupation and Employer (If retired, ntdicate last occupation/employer) Grow tech with zenco/Desert Underground.
Education / -iraining
None high—schoo|graduate.
Have you served on a city Cnlnlnissitln/Board in the city orDesert Hot Springs or any other City?
ND yes (Ifyes, please describe below)
Have you ever attended a city council meeting?
N17 Yes
Have you ever attended a city commission meeting?
ND yes (Ifyes, list which Commissions below)
Describe your knowledge of the iunctions, regulations and procedures of the commission/laoard (your 1st choice) on which you would like to serve.
No knowledge.
what speciiic skins, attitudes, and experience do you think you have that will enhance the work orthe Cnlnlnissitln/Board
Thinking outside the box, being able to see everyone opinion is different. Able to talk to people in tense situations. I've been Commissioner of DHS Youth Football for 5 years.
Being able to talk to people is a great feature I have. what speciiic issues or problems racethe Commissionlllnarrl? Do you have suggestions to address these issues or problems?
No specific issues. I have opinions of some issues I see around DHS and hope to be part of the plan to solve these issues.
Item Number: 5.
File U111-lad(Optional) please feel tree to inclnrle a resume, letter(s) orrecommendation, etc.
Appointed commissioners may he required to sllblnil a Fair political practices Commission (FPPC), statement orEcnnnmic Interests Fnrm (Form 700) pursuant to CA Government code § 07200 and/or Desert Hot Springs Municipal code § 2.20.050.
As an appointed commissioner or boardmemloer, state law requires twn llnurs nf tranuug in general etliical principles and allies laws every two years. More infnrma?nn will be provided upon appointment. some or all oi die content contained in this application and its attacliments may be subject Io disclosure pursuant to the California Public Records Act (CA Government code § 6250, El seq.)
signature *
I certily tliat die above statements are true and correct to the best oi my knowledge Item Number: 5.
Commission/Board Application
Y0iirAppIim[ian mu be mnndered by meDesen Hot Springs r, i mm‘z'1pmi'ide'drhata mrsancy edsrs an a Camm .sian Beard my\vhz'cIiyou have applied. Ifam '5 no mmnry. your nppnrmian will be kept on filemy1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residency in meCity nf Desert Hot springs Ten Years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
N0
GENERAL INFORMATION
Last Narne* Cross
First Narne* Kaden
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United States
Plume Number * -
Emei1A«wms T
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis dre 2nd Tuesday nf earnllmnlh at 6:00 p.rn.
Item Number: 5.
PUBLIC SAFETY COMMISSION
Isl‘ Choice 2nd Choice Not interested
Meets the 2nd 'I'hI|rsday oreach moutlr at 6:00 11.11].
QUESTIONS
The following infnrlnation consists nf some nf tire iactnrs used by tire city Council, and/or subcommittee tnerenr to select ?nal applicants: 1) nncltground, education, experience to demonstrate sound judgement; 2) Diversity in commission membership; and 3) attendance at commission meetings prior to consideration Background / Work Experience I civic involvement
I recently ran for aseat on the PSUSD Board of Education and, although I did not win the election.I was able to engage with the public about the issues they are facing and build a network of |ike—minded individuals through my campaign.
Panicipating in civic discourse with other community members is one of my favorite pastimes, and I have frequently attended or watched local council and school board meetings.
Occupation and Employer (If retired, indicate last occupation/ernployer) I am a Tour Guide for the historic Sunnylands Estate and Gardens. In this role. I help educate the public and host free community events. I also staff and facilitate high— level retreats on the estate that focus on furthering global cooperation. boosting civic and democratic engagement. and promoting global health and food security.
Education I 'IYai||i|Ig
I am a recent graduate of Desert Hot Springs High School and am currently attending College of the Desen for Computer Science.
Have you served on a city Cnlnlnission/Board in the city of Desert Hot springs or any other City?
No yes (If yes, please describe below)
Have you ever attended a City council meeting?
N17 Yes
Have you ever attended a City cnmnussiou meeting?
No yes (Ifyes, list which Commissions below)
oescrine your knowledge of useiunctious, reglllalinns and procedures of tire commission/nonrd (your 1st choice) on which yon would like to serve.
The Desert Hot Springs Public Safety Commission reviews and analyzes budgets related to public safety and the Desert Hot Springs Police Department. provides a forum for community members to share their concerns or ideas related to public safety, advises community leaders and the city on public safety policies and procedures, collaborates with community organizations to promote community involvement in public safety in ives, and follows established regulations related to meetings, record—keeping. and decIsion—making.
Item Number: 5.
File uplnad (optional)
wlrat spetirrc skills, attitudes, and experience do you think you have tbat will enbance tlre work ortlre Conlnlission/Board
I am always looking to serve my community in every way I can and am driven by a strong sense of civic duty. I would be fully committed to serving our community as a Public Safety Commissioner. Also as an eighteen year old and a recent graduate of Desert Hot Springs High School I would be be able to offer insights and perspectives that are different from those of other commission members and provide a voice to those who are not frequently involved or engaged in local politics. I would also be able to encourage political discourse. civic engagement. and stronger relationships with local police among my generation. This would be useful in helping to improve community relations and build trust between law enforcement and the community.
wlrat spetirrc issues or problems racetlre Colnlnissionlllnard? no you have suggestions to address these issues or problems?
The Public Safety Commission faces several issues that must be addressed in order to our community. These issues include:
1. High crime rates: We can address this issue by implementing community policing initiatives and working with community organizations and schools to address the root causes of crime through education.
2. Drug abuse and addiction: Drug abuse and addiction pose significant risks to the health and safety of our community. To address this issue, we can panner with local organizations that provide substance abuse treatment. support groups, and other services to individuals struggling with addiction. We can also support harm reduction efforts.such as encouraging education about overdose prevention medication and the use of fentanyl test strips.
3. Community relations: Bui g trust and cooperation between the Police Department and the community is crucial for improving public safety. This is true now more than ever given the current discourse and attitudes towards the police.
We can improve community relations through community policing initiatives, promoting transparency and accountability by engaging with the community and providing information about public safety policies and procedures, and by actively listening to and addressing the concerns of community members.
Please feel free In include a resume, lelter(s) of recommendation, etc.
Appointed commissioners may be required to submit a Fair political l>ractices commission (FPPC), statement of Econnlnic Interests Fnrln (Form 790) pursuant to cA Gnvernment cnde § B7200 and/or Desert Hot Springs Mtuticipal code § 2.20.059.
As an appointed conmussinner nr boardrnember, state law requires two lrnurs nf training in general etlrical principles and etbies laws every two years. More infornlation will be provided upon appninnnent. some or all ortlre content contained in tlris application and its attacltments may be subject to disclosure pursuant tn tlre California Public Records Act (CA Govemment code § 5250, El seq.)
signature *
I certify that meabove statements are true and correct In tlre best ormy knowledge ?rm C?/wad
Item Number: 5.
Commission/Board Application
Y0urAppIim[imi will be I:mi5ie1£'redl7_\'t}ie Desm Hot Springs r, i 7um‘1'lpI'm'ide'dmma vacancy erisrs an a Canmi .sion Baard my\vh1'L‘Iiyauhave applied. Ifam '5 no mmncy. Q your t1pp[1L‘ati011will be kept on filefor1 year [0 be considered when an npening does :- " \\x\\\\\“‘‘“‘‘ *7
0 a fee“ .m,m.r, e ,.
1963
, ,
Residency Lengui at Residency in meCity nf Desert Hot springs (Example: 2 years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
N0
GENERAL INFORMATION
Last Narne* Cones
First Narne* Bea
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs Ca
Pnslal I zip Code cnnniry
92240 USA
Phone Number * -
E-naileddms R
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order of preference.
* PLANNING CDMIVJISSION
1:: Choice Zrid Choice Nat Interested
Meeis die 2nd Tuesday nf earnllmnlh at 6:00 p.rn.
Item Number: 5.
PUBLIC SAFETY COMMISSION
Isl‘ Choice 2nd Choice Not Interested
Meets the 2nd Thursday oreach month at 6:00 p.m.
QUESTIONS
The iollowmg intormation consists nf some nf the iactors used by the city Council, and/or subcommittee tlmmnf to select iinal applicants: 1) Eacltground, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.
Background / work Experience / civic involvement
Grand Terrace City Council Member, Former
V.P. San Bernardino Associated Governments (SANBAG), Former Sub—Regiona| Appointee, Southern California Association of Governments, Former Lobbyist. David Turch &Associates, Washington DC, Former Field Representative, CA State Senate. Former
Field Representative, CA State Assembly. Former
occupation and Employer (If retired, mdicate last occupation/employer) Assistant Property Manager KtSales Manager
Date Palm Country Club, Cathedral City. CA
Education / -iraining
B. of A., Business
Real Estate License
Life Insurance License
Have you served on a city Cnlnlnissitln/Board in the city orDesert Hot Springs or any other City?
ND yes (Ifyes, please describe below)
V.P. Commissioner, Riverside County Asset Leasing Corporation (CORAL) Board.
Former
Commissioner, Rancho Mirage Emergency Preparedness Commission, Former Have you ever attended a city council meeting?
No Yes
Have you ever attended a city commission meeting?
ND yes (Ifyes, list which Commissions below)
Grand Terrace Planning Commission
Desert Hot Springs via (YouTube)
Rancho Mirage Emergency Preparedness Commission
CORAL Commission
Item Number: 5.
File upload (optional)
Describe your knowledge of tire iunctions, regulalinns and procedures of the commission/board (your 1st cltoice) on wbicb you would like to serve. !. To serve the City Council as a advisor on a commission . To prepare and make presentations
. To provide input and guidance to the city council and the city . To assist in shaping the future for the community
. To review and evaluate land use and development
. To excuse yourself from any actions where a conflict of interest could be . To respect the opinion of everyone
xlmt?l
hwtx)
What specitic skills, attitudes, and experience do you tltink you ltave that will enbance tbe work ortlte Cnmlnissinn/Board
Former City Council Member
Former VP of SANBAG
Former appointee of SCAG
Certified in Cannabis Management from College of Desert. 2018 Bachelor Of Arts, Business
What specitic issues or problems face tbe Commissionlllnard? Do you ltave suggestions to address tltese issues or problems?
Issues:
Different of opinions
Addressing citizens‘ issues
Suggestions:
Commissioners are citizens to assist the city council members in making ?nal decisions to improve the city and the region
Commissioners should try to answer the public's questions when possible or direct to staff
DHS_P|anningComm_6_22_Pg1.pdf 162.25KB
DHS_P|anningComm_6_22_Pg2.pdf 35.33KB
Re_BiLeasCns|t_PM&REagent_22.pdf 41.05KB
DHS_P|anningComm_SRMmbr'19.pdf 166.34KB
DHS_P|anningComm_VetFR'15.pdf 133.54KB
Please feel free tn inclllrle a resume, letter(s) of recommendation, etc.
Appointed commissioners may be required to submit a Fair Political Practices commission (FPPC), statement of Ecnnnmic Interests Fnrm (Form 700) pursuant to CA Gnvernmenl cnde § B7200 and/or Desert Hot Springs Municipal code § 2.20.050.
As an appointed commissioner or boardrnentber, state law requires twn ltours nf training in general etltical principles and etbics laws every two years. More intormation will be provided upon appninunent. some or all ortlte content contained in tltis application and its attacltments may be subject to disclosure pursuant tn tbe California Public Records Act (CA Government code § 6250, El seq.)
signature *
I certiiy tltat tbe above statements are true and correct tn tbe best ormy knowledge Kmaeomd
Item Number: 5.
Commission/Board Application
Y0urAppIimtimi mu be mnndered by meDesen Hot Springs r, i mm‘z'1pmi'ide'drhata mrsancy edsrs an a Camm .sian Beard my\vhz'cIiyou have applied. Ifam '5 no mmnry. your nppnrmian will be kept on filemy1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residency in meCity nf Desert Hot springs 45 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
N0
GENERAL INFORMATION
Last Narne* Flores
First Name * Mirna
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 USA
Plume Number * -
E-«aiiAdri-es T
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis dre 2nd Tuesday nf earnllmnlh at 6:00 p.rn.
Item Number: 5.
* PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meets the 2nd Thursday oi each month at 6:00 p.m.
QUESTIONS
The iollowmg intormation consists nf some nf the iactors used by the city Council, and/or subcommittee tlmmnf to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.
Background / work Experience / civic involvement
I have over 30 years of experience as a director for an adult vocational school. Also. have been involved in different community events. Chaired the lndio Relay for life for about 3 years also volunteered with the American Cancer Society for 14 years.
Currently on Coachella Chamber and Childrens' Learning Center Board. occupation and Employer (If retired, ntdicate last occupation/employer) Planning Advisor with Forest Lawn Morturary.
Education / -iraining
High school graduate. Non—profitcertificate from UCR.
Have you served on a city Cnlnlnissitln/Board in the city of Desert Hot Springs or any other City?
No yes (If yes, please describe below)
City of Coachella Chamber Board
Have you ever attended a city council meeting?
N17 Yes
Have you ever attended a city commission meeting?
No yes (Ifyes, list which Commissions below)
Describe your knowledge of the iunctions, regulations and procedures of the commission/laoard (your 1st choice) on which you would like to serve.
Don't have enough knowledge at this point, but willing to learn. what speciiic skins, attitudes, and experience do you think you have that will enhance the work oi the Cnlnlnissinn/Board
I'm a team player and willing to work with a team to make the city of Desert Hot Springs a better place for our residents.
what speciiic issues or problems racethe Commissionlllnarrl? Do you have suggestions to address these issues or problems?
No comment at this time.
Item Number: 5.
File U111-lad(ulnionall Mirna Resume 2o22.docx 13.88KB
Please feel free In inclllrle a resume, leller(s) of recommendation, etc.
Appointed commissioners may be required to submit a Fair political l>ractices Commission (FPPC), statement of Econnmic Interests Fnrln (Form 790) pursuant to CA Gnvernment cnde § B7200 and/oc Desert Hot springs Mtnticipal code § 2.20.059.
As an appointed conmrissinner nc boardrnembec, state law requires two bnurs nf training in general etlrical pcinciples and etbits laws every two years. More i||forlnm1'o|| will be provided upon appninnnent. some or all of tbe content contained in tlris application and its attacbments may be subject to disclosure pucsuant to useCalifornia Public Records Act (ca Government code § 6250, El seq.)
signature “‘ l certify tbat tbe above statements are true and correct to usebest cl my knowledge Offyum (3 Qmeo
Item Number: 5.
Commission/Board Application
Y0iirAppIim[imi win he mnndered by the Desen Hot Springs r, i 7unL‘i1pmi'ide'drhata mrsancy edsrs an a Canmi .sian Beard mywhirl: you have applied. Ifam '5 no mmnry. your nppnrmian will be kept on filemy1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residenry in meCity nf Desert Hot springs 38 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City of Desert Hol Springs? Yes
No
GENERAL INFORMATION
Last Narne* Kelley
First Narne* Stephen
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA. I Riverside Cu
Pnslal I zip Code cnuniry
92240 US
vi--m«~«m»er* T
E-m-i1Adims R
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nrprererenre.
* PLANNING CDMIVIISSION
1:: Choice 2nd Choice Nat Interested
Meeis me2nd Tuesday nf earnllmnlh at 6:00 p.m.
Item Number: 5.
PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meets the 2nd Thursday oreach month at 6:00 p.m.
QUESTIONS
The iollownrg intormation consists nf some nf the iactors used by the city Council, and/or subcommittee tlmmnf to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.
Background / work Experience / civic involvement
Fire service Captain, paramedic and varied public service. San Bernardino Sheriff reserve and San Bernardino county sanitation district. I have much volunteer experience and helping the needy
occupation and Employer (If retired, ntdicate last occupation/employer) Cal fire, State of Calif.Riverside County Fire Captain —ret Education / Iraining
4 year BA
Have you served on a city Cnlnlnissitln/Board in the city orDesert Hot Springs or any other City?
ND yes (If yes, please describe below)
Served with the city of Desert Hot Springs .Pubic Safety and Architectural and landscape review commissions
Have you ever attended a city council meeting?
No Yes
Have you ever attended a city commission meeting?
ND yes (Ifyes, list which Commissions below)
Architectural building and landscape commission and Public Safety commission for DHS
Describe your knowledge of the iunctions, regulations and procedures of the commission/laoard (your 1st choice) on which you would like to serve.
I am very familiar with the Uniform Building codes and all its sections and public safety
what speciiic skins, attitudes, and experience do you t.hink you have that will enhance the work orthe Cnlnlnissinn/Board
As a long time residence Since 1985 I have seen amazed growth and I want to be pan of it. In 1985 the city had 3 stop signs and look at it now. I have a good background and experiences and attitude to contribute and give back Item Number: 5.
wlrat spetitic issues or problems raceareColnlnissionlllnard? no you liave suggestions to address tliese issues or problems?
The city has many issue and it is an excited time. I want to use my experience and knowledge to
help direct future city growth in a positive way
File U111-rad(Optional) please feel tree to include a resume, letter(s) of recommendation, etc.
Appointed commissioners may be required to submit a Fair political Practices commission (FPPC), statement of Econnmic Interests Fnrln (Form 790) pursuant to CA Government code § B7200 and/or Desert Hot Springs Mtnticipal code § 2.20.059.
As an appointed coomtissiooer or boardrnember, state law requires two liours ortraining in general etlrical principles and etbits laws every two years. More illformmion will be provided upon appoiunneot. some or all ol the content contained in tlris application and its attaclimeuts may be subject to disclosure pursuant to tire California Public Records Act (CA Government code § 6250, El seq.)
signature *
l certify that the above statements are true and correct to arebest cl my knowledge Item Number: 5.
Commission/Board Application
Y0iirAppIim[ian mu be I:m15ie1£'r'edb_\'t}ie Desen Hot Springs r, i mnrii pmi'ide'd that a mrsancy edsrs an a Camm .sian Beard mywhich you have applied. Ifam '5 no mmnry. your applicatian will be kept on filemy1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residenry in meCity nf Desert Hot springs 9 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
N0
GENERAL INFORMATION
Last Name* Kleisl
First Narne* George
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United States
en....eNumber * 2
Em-iiedims T
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis dre 2nd Tuesday nf earnllmnlh at 6:00 p.rn.
Item Number: 5.
* PUBLIC SAFETY COMMISSION
15: Choice 2nd Choice Nat lmereszed
Meets die 2nd 'I'hI|rsday oreach mouurat 6:00 11.11].
QUESTIONS
The rollowmg infnrlnation consists nf some nf die Iactnrs used by the City Council, and/or subcomminee thereof to select ?nal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversiry in commission membership; and 3) attendance at commission meetings prior to consideration Background / Work Experience I civic Involvement
I'm a Hispanic father of a 10—year—o|dboyl Worked in Real estate and mortgage from 1994, and then become a Realtor from 2000—2012l mongage underwriter from 2004— 2013, I worked as an El llityTechn an for the County of Riverside for just over 6 years 2015—2022 helping fam lies in our communities with Cash Aid, homeless assistance, food stamps, medical.and child care sub
Occupation and Employer (If retired, indicate last occtlpationlelnployer) Student — Southwestern College, San Diego, CA (Jan 2022 —present) Presidentlfounder. Americas Community Outreach Programs Inc (Dec 2021— present)
County of Riverside Depanment of Pubilc Social Services (may 2015—Jan 2022) Education I 'IYai||i|Ig
Los Angeles Valley College 30 units in general ed (19954996) Southwestern College (Jan 2022 — seeking an A.S. Community. Economic.and Urban Development anticipated graduation Spring 2023)
Have you served on a City Cnlnlnissiolt/Board in the City orDesert Hot springs or any other City?
ND yes (If yes, please describe below)
Have ylm ever mended a City council meeting?
N17 Yes
Have ylm ever mended a City cnmnussiou meeting?
ND yes (Ifyes, list which Commissions below)
nescribe your knowledge of usefunctions, regulations and procedures of the commission/nonrd (your 1st clioice) on which yon would like to serve.
The planning commission helps interpret and spark the development of business and residential areas in our community. Based on a prior session I've reviewed online the city planning department and city attorney help outline the legalities of planned developments and any entitlements that need to be made and discussion with board members about voting the application or adopting variances to the applicant's request as needed while taking into consideration what's best for the city and its citizens.
Item Number: 5.
File Uplnad (optional)
wlrat specific skills, attitudes, and experience do you t.l|i||k you bave tbat will enbance tbe work ormeColnlnissioll/Board
My experience as a former mortgage underwriting and County welfare worker has provided me with eh ability to interpret the law, ask questions when in doubt of procedure or law, or request for variances to law using common industry examples or when dialoguing with fellow team members and bringing their wisdom to the forefront or asking expens in the field when needed. I'llbring a since of teamwork, and I'm always open to hearing any party and their concerns and take great enjoyment in seeing things through and ?nding ways to achieve the most equitable solotion to any problem. I have a positive personality. with strong ethical and moral values, and believe the Board, its team members, and community partners when working together by applying best practices can bring an environment of growth for our community. I look fonlvard to the opportunity to serve. wlrat specific issues or problems raceareColnlnissionlllnard? no you bave suggestions to address tbese issues or problems?
Diversified retail growth and community involvement are issues that I see the planning commission can work on. Over the past few years sparking Cannibus business—re|ated growth has been at the forefront, but we also need to engage other industries for our city to sustain a level of growth and create an environment where people feel safe walking at night and enjoying a day at the park with an event to gather our community together. I think we have a lot of work to do. but ifwe plan early in a decade the city can be better than downtown palm springs. and really be the gem it's meant to be for tourists and our core blue color families that live and work here. I think meeting with community leaders. business owners and pitching our town to companies to spark growth by involving church leaders and nonprofits, and other government agencies in a round table meeting to see what we can do to help foster growth is key. At his time we don't have a Community Development Company like other major cities to help link all the players together this is where we the city have to do some of the heavy lifting and put this key player in the same room to discuss problems and offer solutions in my opinion.
Please feel free In include a resume, letter(s) of recommendation, etc.
Appointed commissioners may be required to subnrit a Fair political l>ractices commission (FPPC), statement of Econnmic Interests Fnrln (Form 790) pursuant to CA Gnvernment cnde § B7200 and/or Desert Hot Springs Mmticipal code § 2.20.059.
As an appointed conmussinner nr boardrnember, state law requires two bnurs nf training in general etlrical principles and etbies laws every two years. More illforlnation will be provided upon appninnnent. some or all ormecontent contained in tlris application and its attacbments may be subject to disclosure pursuant to arecalirornia Public Records Act (CA Government code § 6250, El seq.)
signature *
l certify tbat tbe above statements are true and correct In arebest ormy knowledge Gm/L9»: g;i%;4c
Item Number: 5.
Commission/Board Application
Y0urAppIim[imi win he I:m15ie1£'redl7_\'t}ie Desen Hot Springs r, i mnrii pm\'ide'd mma mrsancy e'\'isr5 an a cmnni .sznnBaard for\vhz'cIiyou have applied. Ifam '5 no mmncy. your app[1L‘ati0nwill be kept on filefor1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residency in meCity nf Desert Hot springs 1 (Example: 2 years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
N0
GENERAL INFORMATION
Last Name Mathews
First Narne* James (Jim)
Address* Street Address
Address Line 2
25 City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United States
ennneNumber * -
-2-mi1Adims R
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis me2nd Tuesday nf earnllmnlh at 6:00 p.rn.
Item Number: 5.
PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meets the 2nd Thursday oreach month at 6:00 p.m.
QUESTIONS
The following intormation consists nf some nf the iactors used by the city Council, and/or subcommittee tlmmnf to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.
Background / work Experience / civic involvement
Firefighter/EMS —20yrs
Director of Maintenance — 8yrs
City of Jefferson Budget Committee— lyr
Albany ?mber Carnival President— 5 yrs
occupation and Employer (If retired, ntdicate last occupation/employer) Sandy Palms Apts — Building Engineer
Education / Iraining
Firefighter. EMT Intermediate.Arson Investigation, CPO
Have you served on a city Cnlnlnissinn/Board in the city of Desert Hot Springs or any other City?
No yes (If yes, please describe below)
Have you ever attended a city council meeting?
No Yes
Have you ever attended a city commission meeting?
No yes (Ifyes, list which Commissions below)
Describe your knowledge of the lunctions, regulations and procedures orthe commission/laoard (your 1st choice) on which you would like to serve.
Planning Commission is a vital pan of any city. It set the feel and future of the city and it's planned growth in away that spurs economic growth, yet make sure city services are not over burdened.
what speciiic skins, attitudes, and experience do you t.hink you have that will enhance the work orthe Cnlnlnissitln/Board
As a well rounded person with a diverse background of professional and personal experiences. I come with the ability to make a educated and common sense decision in serving the community.
Item Number: 5.
What specitic issues or problems racemeCommissionlllnard? Do you ltave suggestions to address tltese issues or problems?
Growth is a ongoing challenge, not just internal, hilt having to compete with neighboring communities.
I believe with a common sense and good planning. Desen Hot Springs can continue to grow. expand on community services and enrichment programs. Allwhile staying within budgets and not taxing City services and utilities.
File Upl-rad (Optional) please reel tree to include a resume, letter(s) orrecommendation, etc.
Appointed commissioners may be required to subnnt a Fair political practices commission (FPPC), statement orEcnnnmic Interests Fnrm (Form 700) pursuant to CA Government code § B7200 and/or Desert Hot Springs Municipal code § 2.20.050.
As an appointed commissioner or boardruember, state law requires twn lmurs nf training in general etbical principles and etbics laws every two years. More intormation will be provided upon appointment. some or all ortlte content contained in tbis application and its attacltments may be subject to disclosure pursuant tn the calitornia public Records Act (CA Government code § 6250, El seq.)
signamre *
I certiiy tltat tbe above statements are true and correct tn the best ormy knowledge Item Number: 5.
Commission/Board Application
Y0urAppIim[imi will be I:mi5ie1£'redl7_\'t}ie Desm Hot Springs r, i 7um‘1'lpI'm'ide'dmma vacancy e'\'isr5 an a Canmi .sion Baard my\vh1'L‘Iiyauhave applied. Ifam '5 no mmncy. Q your t1pp[1L‘ati011will be kept on filefor1 year [0 be considered when an npening does :- " \\x\\\\\“‘‘“‘‘ *7
0 0 fee“ .WW, 4 ,.
I963
, ,
Residency Lengui at Residenry in meCity nf Desen Hot springs 1 1/2 years permanent resident
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
No
GENERAL INFORMATION
Last Naine* Mitchell
First Naine* Marlin
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United Stated of America
Plume Number * -
Emeleddms T
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order of prererenre.
* PLANNING CDMIVIISSION
1:: Choice Zrid Choice Nat Interested
Meeis die 2nd Tuesday nf earnllmnlh at 6:00 ]).l'Il.
Item Number: 5.
PUBLIC SAFETY COMMISSION
15: Choice 2nd Choice Nat Interested
Meeis the 2nd 'I'hI|rsday oreach monui at 6:00 11.11].
QUESTIONS
The following infnrlnation consists nf some nf the Iactnrs used by useCity Council, andlor snbcomminee ineicnr to select ?nal applicants: 1) Background, education, expeiience to demonstrate sound judgement; 2) Diversity in commission membership; and 3) nnenannceat commission meenngsprint to considecmiom Background / Work Experience I Civic Involvement
My background is in Human Resources and Market Research (Please see attached resume). I am considered a transformational leader with a career marked by success in human resources (HR) operations, recruitment.policy developmentlimplementation. and compensation/classification. Trusted strategic panner and senior leadership advisor:highly effective around organizational policy. union relations, employment law, compliance issues. and complex legal matters.
Strong team leader. we||—versed in integrating human resource functions into operations, building consensus. and drl ng change. Respected for developing and implementing |eading—edge human resource solutions and excelling in ever— changing environments. Demonstrated success in private, nonprofit, and public education environments.
Professional OrganizationsIAffi| tions/Boards:
Society of Human Resources Managers
Northern California Human Resources Society
Credential Counselors and Analysts of California
Western Region Intergovernmental Personnel Assessment Council Board of Directors for the Northern Section of the California Association of School Business Of?cers
Board treasurer for Our Family Coalit' 'n San Francisco Finance chair and church treasurer for City of Refuge UCC in Oakland Communities Oakland Response to Emergencies (CORE) — Piedmont Pines Response Team (Oakland, CA)
Occupation and Elnplnyer (If mired, indicate last occupalionlelnployer) Human Resources, Director of HR Operations — Retired, Oakland Uni?ed School District
Market Research
Education I 'IYai||i|Ig
School Psychology, GPA 4.00 | UNIVERSITY OF LA VERNE, La Verne, CA MBA, Marketing. GPA 3.60 | CLARK ATLANTA UNIVERSITY, Atlanta, GA BS, Psychology, Cum Laude, GPA 3.23 | HOWARD UNIVERSITY.Washington. D.C.
Personnel Administrators Academy Certificate, Association of California School Administrators
Communities Oakland Response to Emergencies (CORE) — Piedmont Pines Response Team
Item Number: 5.
File Uplnad (Optional)
Have ynu served en a city cniuuiission/noard in the city of Desert Hot springs or any other City?
No yes (Ifyes, please describe below)
Have ynu ever attended a city cnuneil meeting?
N17 Yes
Have ynu ever attended a city cnuintission meeting?
No yes (Ifyes, list which Commissions below)
neserihe your knowledge of the iunetions, regulatinns and prncedures of the contntission/noard (your 1st ehoiee) on which you would like to serve.
The primary functions are to advise the Council on all areas relating to public safety, traffic, police. and fire. Make recommendations on matters related to |ong—range comprehensive planning initiatives, access to and expenditure of state and federal grant funds. and other related public safety matters. The Public Safety Commission also serves to support capacity to the City's public safety personnel and to guarantee the public has a voice in decision making. All citizens.regardless of where they live in the city, need to have a voice in our police department. ?re department. code compliance and animal control.
what specific skills, attitudes, and experienee do you think you have that will enhanee the work orthe Colnlnission/Board
The one trait I get praised the most for (at work and in other organizations) is my ability to pull people together to work as a team. To get people to collaborated even when they do not agree. I know how to get things done.
Other skills I process are:
a. Partnering
b. Negotiating
c. Leadership
d. Coordinating and managing projects
e. Thought leader
f. Go—toperson
g. Building depanmentldivision budgets
what specific issues or prohlents racethe Colnlnissionlllnard? no you have suggestions to address these issues or problems?
While I don't know the speci?c issues or problems facing the Public Safety Commission, I do understand that quality of life issues are important to the comfort and safety of the citizens of Desen Hot Springs and the image of the city. The fact that Desert Hot Springs has the lowest crime rate and is the fastest growing city in the Valley indicates the city is headed in the right direction:however, this can only continue with the active involvement of our citizens. Quality of life issues can decline if minor problems are left to fester.
Mitchell.Martin.Res.2023.doc>< 35.05KB
Please feel free tn inclllrle a resume, letter(s) of recommendation, etc.
Item Number: 5.
Appointed commissioners may he required to submit a Fair political l>ractices Commission (FPPC), statement orEconnmic Interests Fnrln (Form 790) pursuant to CA Gnvernment cnde § B7200 and/oc Desert Hot springs Mmticipal code § 2.20.059.
As an appointed conmrissinner nc lmardmemlmr, state law requires two lnmrs nf training in general etlrical principles and ethics laws every two years. More iI|forImm'o|| will be provided npnn appnilmnenl. some or all oi the content contained in tlris application and its attachments may be snbject to disclosnre pncsnant tn tlre California Public Records Act (CA Government code § 6250, El seq.)
signatnre “‘ l certify tlrat useabove statements are true and correct tn arebest oi my knowledge é‘. /)7!»/ujl
Item Number: 5.
Commission/Board Application
Y0urAppIim[imi will be I:mi5ie1£'redl7_\'t}ie Desm Hot Springs r, i 7um‘1'lpm\'ide'dmma vacancy erisrs an a Canmi .sion Baard my\vh1'L‘Iiyauhave applied. Ifam '5 no mmncy. Q your t1pp[1L‘ati011will be kept on filefor1 year [0 be considered when an opening does :- " \\x\\\\\“‘‘“‘‘ *7
0 a fee“ .m,m.n, e ,.
1963
, ,
Residency Lengui at Residency in meCity nf Desert Hot springs 22 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
No
GENERAL INFORMATION
Last Narne* Rizzio
First Narne* Michael
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs ca
Postal / zip Code cnuniry
92240 usa
Plume Number * -
E-mead-ess T
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order of preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis die 2nd Tuesday nf earnllmnlh at 6:00 p.rn.
Item Number: 5.
* PUBLIC SAFETY COMMISSION
1st‘Choice Zrld Choice Nat Interested
Meets the 2nd Thursday oreach month at 9:00 p.m.
QUESTIONS
The iollowntg intormation consists nf some nf the iactors used hy the city Council, and/or suhcommittee thereof to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.
Background / work Experience / civic involvement
Retired military.
occupation and Employer (If retired, ntdicate last occupation/employer) Retired Service connected BA
Education / Iraining
Associates degree. Formal training in leadership management and training Have you served on a city Cnlnlnissinn/Board in the city nf Desert Hot Springs or any other City?
No Yes (Ifyes, please describe below)
Have you ever attended a city council meeting?
No Yes
Have you ever attended a city commission meeting?
No Yes (Ifyes, list which Commissions below)
Describe your knowledge of the iunctions, regulations and procedures of the commission/laoard (your 1st choice) on which you would like to serve.
Public Safety
what speciiic skills, attitudes, and experience do you think you have that will enhance the work orthe Cnlnlnissinn/Board
Experience and trained as a leader in construction planning and public safety.
Certified NAVOSH.
what speciiic issues or problems racethe Commissionlllnarrl? Do you have suggestions to address these issues or problems?
I would like to contribute my knowledge and expertise in public safety and possibly the city planning commission ifthere is a spot.
File Upl-rad (Optional) please reel tree to include a resume, letter(s) nf recommendation, etc.
Appointed commissioners may he required to submit a Eair political practices commission (FPPC), statement nf Economic Interests Eorm (Form 700) pursuant to CA Government code § B7200 and/or Desert Hot sprirtgs Municipal code § 2.20.050.
As an appointed commissioner or hoardrnemher, state law requires twn hours nf training in general ethical principles and Item Number: 5.
elhics laws every two years. More infnrma?nn will he provided upnll appninunenl. some or an«I Ille content contained in this application and its attachments may be subject Io disclosure pursuant to the California Public Records Act (CA Goverument code § 6250, El seq.)
signature * 1 certify that I112above statements are true and correct to the best ol my knowledge Item Number: 5.
Commission/Board Application
Y0urAppIim[imi win he I:m15ie1£'redl7_\'t}ie Desen Hot Springs r, i mnrii pm\'ide'd mma mrsancy e'\'isr5 an a cmnni .sznnBaard for\vhz'cIiyou have applied. Ifam '5 no mmncy. your app[1L‘ati0nwill be kept on filefor1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residenry in meCity nf Desert Hot springs 5 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
N0
GENERAL INFORMATION
Last Narne* Rowe
First Narne* Robert
Address* Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United States
ennneNumber * -
E-m-“Adams R
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis me2nd Tuesday nf earnllmnlh at 6:00 p.rn.
Item Number: 5.
PUBLIC SAFETY COMMISSION
Isl‘ Choice 2nd Choice Not interested
Meets tire 2nd 'I'l|||rsday oi each montir at 6:00 11.11].
QUESTIONS
The following infnrlnation consists nf some nf tire iactnrs nseti by usecity Council, and/or snbcommittee tnerenr to select ?nal applicants: 1) Background, education, experience to demonstrate sound jlldgelnent; 2) Diversity in commission membership; and 3) attendance at commission meetings prior to consideration Background I Work Experience I civic involvement
I have 35+ years of experience in the financial services industry. My strengths are in relationship building, budget and cost control.?nancial reporting and auditing. I have panicipated in community clean up projects within the city.
Occupation and Employer (If retired, indicate last occupation/ernployer) Registered Client Service Associate — Truist Investment Services, Inc. (see attached resume for more detailed description)
Education I 'IYai||i|Ig
BS in Business Administration — Old Dominion University — Norfolk.VA Investment Licenses — Series 6. 7. 9, 10, 63 & 65 I CA Health & Life Ins Licenses Completed Courses in Analyzing Business Financial Statements and Preparing Pro?t and Loss Statements
Annual Compliance and Continuing Education Training for Securities Licenses Have ynn served on a city Cnlnlnission/Board in tire city orDesert Hot springs or any other City?
No yes (If yes, please describe below)
Have ynn ever attended a City council meeting?
N17 Yes
Have ynn ever attended a city cnmmission meeting?
No Yes (Ifyes, list which Commissions below)
Planning Commission
oescrine yonr icnowietige oruseinnctions, regulations and prncetinres of tire commission/nonrrl (yonr 1st choice) on which yon would like to serve.
The functions of the planning commission are to review and act on matters related to planning and development. This includes new development applications, design review of new developments and business applications. The board must also consider how the business or development will impact the community. In approving an application does this improve economic development and quality of life? Does the approval protect property values and reduce environmental damage and conserve resources? How willthe approval affect traf?c flovlf? The commission must also adhere to all current laws and act in the best interest of all residents (not just a select few). The commission will review the facts and vote on the application.
Item Number: 5.
File Uplnad (optional)
wlrat spetirrc skills, attitudes, and experience do you t.l|ink you have tbat will enbance tlre work ortlre Colnnlissioll/Board
I have many years of experience in relationship building and work well in a team environment. My background is in auditing and budgeting so I am a very detailed individual. The facts are carefully reviewed before making a dec n or recommendation. I am very pro business and would like to see the city grow economically and expand and modernize. I would like to serve on the planning commission so that I can help move the city fonlvard.
wlrat spetirrc issues or problems racetlre Colnlnissiolllllnard? no you have suggestions to address tlrese issues or problems?
One issue that may face the commission in the future is rapid growth and an increase in applications. We are the one city in the valley that has the most growth potential due to the amount of land available. An increase in applications may result in longer meetings or the need to develop a streamlined process without affecting the integrity of the approval process.
ROWE — Resume (1).pdf 791.9BKB
Please feel free In include a resume, letter(s) of recommendation, etc.
Appointed commissioners may be required to submit a Fair political l>ractices commission (FPPC), statement orEconnlnic Interests Fnrln (Form 700) pursuant to CA Gnvernment cnde § B7200 and/oc Desert Hot springs Municipal code § 2.20.050.
As an appointed conmnssinner nc boardrnembec, state law requires two lrnurs nf training in general etlncal principles and etbies laws every two years. More infornlation will be provided upon appninnnent. some or all ortlre content contained in tlns application and its attaclrments may be subject to disclosure pucsuant tn tlre California Public Records Act (CA Government code § 6250, El seq.)
signature *
I certify that meabove statements are true and correct In tlre best ormy knowledge ?mcr?m
Item Number: 5.
Commission/Board Application
Y71n‘AppIim[imiwill be I:mi5ie1£'redl7_\'t}ie Desm Hot Springs r, i 7um‘1'lpI'm'ide'dmma vacancy erisrs an a Canmi .sion Baard my\vh1'L‘Iiyauhave applied. Ifam '5 no mmncy. Q your t1pp[1L‘ati011will be kept on filefor1 year [0 be considered when an opening does :- " \\x\\\\\“‘‘“‘‘ *7
0 a fee“ .m,m.r, e ,.
1963
, ,
Residency Lengui at Residenry in meCity nf Desert Hot springs 4 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
No
GENERAL INFORMATION
Last Name * Sloever
First Narne* Mary—Kale
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United States
Plume Number * -
Emaneddms —
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order of preference.
* PLANNING CDMIVJISSION
1:: Choice Zrid Choice Nat Interested
Meeis die 2nd Tuesday nf earnllmnlh at 6:00 p.rn.
Item Number: 5.
* PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meets the 2nd Thursday oi each month at 6:00 p.m.
QUESTIONS
The following infnrmatinn consists nf some nf the iactors used by the city Council, and/or subcommittee tlmmnf to select iinal applicants: 1) Eacltground. education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.
Background / work Experience / civic involvement
I have more than 30 years experience working in the non—pro?tand public sector. I have been a fund raiser. event coordinator.facilities manager, and I built my own restaurant from a 1936 gas station in Los Angeles many years ago. I am familiar with much of the UBC. and am conversant in reading architectural plans as well as City Codes and Zoning Maps etc. I have sewed at the pleasure of and on several Boards of Directors and am fluent in Roberts Rules of Order. occupation and Employer (If retired, ntdicate last occupation/employer) I am semi retired today. My previous employment was with the City of Ukiah (Mendocino County) as Assistant Facilities and Event Coordinator for the City. I was responsible for managing several facilities and events simultaneously.
Education / -iraining
I have a BS in Political Communications from Emerson College in Boston.
Have you served on a city Cnlnlnissitln/Board in the city of Desert Hot Springs or any other City?
ND yes (If yes, please describe below)
Have you ever attended a city council meeting?
N17 Yes
Have you ever attended a city commission meeting?
ND Yes (lfyes, list which commissions below)
Planningl City Council
Describe your lcnowledge of the iunctions, regulations and procedures of the commission/laoard (your 1st choice) on which you would hire to serve.
To my knowledge the Planning Commission serves the public by reviewing construction projects and approvelreject construction projects that may require a Variance from the existing Codes in Desert Hot Springs. This requires the ability to read blueprints and code to assure that the projects are adhering to both—including set backs. elevations. waterlpower use. street trees. zoning—etc etc etc.
Item Number: 5.
wnat speciiic skins, attitudes, and experience do you t.hink you ltave that will enbance tbe work ortlte Cnlmnissitln/Board
I am fluent in Roberts Rules of Order. I used to run the Recreation Center in Ukiah and had 300+ clients in my facility at all times and kept it running smoothly as well as coordinating the County's largest street festival. I am used to having multiple projects running simultaneously and keeping cool when problems arise. I am practiced in working closely with the public even when they are unhappy. I am friendly and fun to work with while being goal oriented and deadline driven. wnat speciiic issues or problems face tbe Commissionlllnard? Do you ltave suggestions to address tltese issues or problems?
File Upl-rad (Optional) Resume 12.16.22.pdf 49KB
Please feel free In include a resume, letter(s) of recommendation, etc.
Appointed commissioners may be required to subnrit a Fair political practices commission (FPPC), statement orEclmnmic Interests Fnrm (Form 700) pursuant to CA Gnvernmenl cnde § B7200 and/or Desert Hot Springs Municipal Code § 2.20.050.
As an appointed commissioner or boardrnember, state law requires twn ltnurs nf training in general etbical principles and etbics laws every two years. More intnrmation will be provided upon appninunent. some or all ortlte content contained in this application and its attacltments may be subject to disclosure pursuant to tbe calitornia public Records Act (CA Government code § 6250, El seq.)
signature *
l certiiy tltat tbe above statements are true and correct tn the best ormy knowledge Item Number: 5.
Commission/Board Application
Y7urAppIimumi win he I:m15ie1£'redl7_\'t}ie Desen Hot Springs r, i mnrii pm\'ide'd mma mrsancy e'\'isr5 an a Canmi .5i0n Baard forwhich you have applied. Ifrim '5 no mmncy. your app[iL‘ati0nwill be kept on filefor1 year [0 be rnnszde.-ed when an opening does 0 Residency Lengm at Residenry in meCity nf Desert Hot springs 3 years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
No
GENERAL INFORMATION
Last Name * Smith
First Name * Veronica
Address* Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United States
ennneNumber * -
E-mi1Adims j
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis me2nd Tuesday nf earnllmnlh at 6:00 p.rn.
Item Number: 5.
* PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meets the 2nd Thursday oreach month at 6:00 p.m.
QUESTIONS
The rollownig intormation consists nf some nf the iactors used by the city Council, and/or subcommittee thereof to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.
Background / work Experience / civic involvement
I run an Airbnb and also invest in real estate.
occupation and Employer (If retired, ntdicate last occupation/employer) Im a director of marketing for Alta Hospitals. I work from home.
Education / -iraining
2 year college degree. 30 years work experience. I recently took the civics class with Emily Pierson
Have you served on a city Cnlnlnissitln/Board in the city orDesert Hot Springs or any other City?
ND yes (If yes, please describe below)
Have you ever attended a city council meeting?
N17 Yes
Have you ever attended a city commission meeting?
ND yes (Ifyes, list which Commissions below)
Describe your knowledge orthe lunctions, regulations and procedures of the commission/laoard (your 1st choice) on which you would like to serve.
In civics class I learned about how the spas are run down and need to be upgraded.
Also how Airbnb‘s are being regulated and finally the cannabis industry and the many codes and regulations they need to meet.
what speciiic skills, attitudes, and experience do you think you have that will enhance the work orthe Cnlnlnissinn/Board
I have a strong passion for the city and its need to progress and grow into its full potential.
what speciiic issues or problems racethe Commissionlllnarrl? Do you have suggestions to address these issues or problems?
Like in many cities the lack of community involvement is lacking. I believe it's because of the demographics of the city and also the lack of information that our community is less involved.
File U111-rad(Optional) please reel free tn include a resume, letter(s) orrecommendation, etc.
Item Number: 5.
Appointed commissioners may he required to submit a Fair political l>ractices Commission (FPPC), statement orEconnmic Interests Fnrln (Form 790) pursuant to CA Gnvernment cnde § B7200 and/oc Desert Hot springs Mmticipal code § 2.20.059.
As an appointed conmrissinner nc lmardmemlmr, state law requires two lnmrs nf training in general etlrical principles and ethics laws every two years. More iI|forImm'o|| will be provided npnn appnilmnenl. some or all oi the content contained in tlris application and its attachments may be snbject to disclosnre pncsnant tn tlre California Public Records Act (CA Government code § 6250, El seq.)
signatnre “‘ l certify tlrat useabove statements are true and correct tn arebest oi my knowledge CVmuza,cS’mme
Item Number: 5.
Commission/Board Application
Y0urAppIi'(atimi win he Isansidered by the Desert Hot Springs r, mmncy nisrs an a cmnni sion Beard my\vhz'L‘Iiyou have applied. If[her wiiiicilpm\'i'de'd mma
'5 no vacancy.
your nppzimximi will be kept on filemy1 year [0 be miisidemi when an opening does 0 Residency
Registered Vuler
“Wee
Length «(Residency in the City nf Desert Hot Springs
16 (Example: 2 Years)
Are ynn a Regislered vmer in the City of Desert Hol Springs? Yes
N0
GENERAL INFORMATION
Last Name
First Name
Address *
Phone Number *
Email Address
Treju
Jose
Street Address
Address Line 2
City
Desert Hot Springs
Postal / zip Code
CA
Slale / province / Reginll
A
Cnunlry
USA
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order nf preference.
an PLANNING CDMIVJISSION
15:.‘Choice Zrid Choice Nat Interested
Meels the 2IId Tuesday nf each Ilmnlh at 6:00 p.m.
mmmiw w
1963
O
V
I‘
-4‘*7
X
Item Number: 5.
* PUBLIC SAFETY COMMISSION
1st‘Choice Zrld Choice Nat Interested
Meets the 2nd Thursday oi each month at 9:00 p.m.
QUESTIONS
The iollowntg intormation consists nf some lit the iactors used by the city Council, and/or subcommittee thereof to select iinal applicants: 1) Background, education, experience to demonstrate sound judgement; 2) niversity in commission membership; and 3) attendance at commission meetings prior to consideration.
Background / work Experience / civic involvement
Used to attend citi council meetings
occupation and Employer (If retired, ntdicate last occupation/employer) Director of Finance at Desert Oasis Healthcare
Education / -training
BA in Business Administration with emphasis in accounting Have you served on a city Cnlnlnissinn/Board in the city orDesert Hot Springs or any other City?
No Yes (Ifyes, please describe below)
Have you ever attended a city council meeting?
No Yes
Have you ever attended a city commission meeting?
No Yes (Ifyes, list which Commissions below)
Describe your knowledge of the iunctions, regulations and procedures nf the commission/laoard (your 1st choice) on which you would like to serve.
I do not have prior experience but want to be involved in City planning functions. what speciiic skins, attitudes, and experience do you think you have that will enhance the wnrk «I III! Cnlnlnissinn/Bnard
Critical thinking skills and other perspectives that can add to the diversity of the commission and city
what speciiic issues or problems (ace the Commissionlllnarrl? Do you have suggestions to address these issues or problems?
File U111-rad(Optional) please feel tree to include a resume, letter(s) orrecommendation, etc.
Appontted commissioners may be required to subnnt a Eair Political Practices commission (FPPC), statement orEconomic Interests Eorm (Eorm 700) pursuant to CA Government code § 07200 and/or Desert Hot springs Municipal code § 2.20.050.
As an appointed commissioner or boardrnember, state law requires twn hours nf trantntg in general ethical principles and ethics laws every two years. More information will be provided upon appointment. some or all oi the content contained in Item Number: 5.
this application and its attachments may be subject Io disclosure pursuant to the California Public Records Act (CA Government code § 6250, 1:: seq.)
signanue * 1 certify tuat I112above statements are Irue and coneet to the best ol my knowledge Item Number: 5.
Commission/Board Application
Y0urAppIim[imi win he I,‘mi5ie1£'redl7_\'t}ie Desen Hot Springs r, i mm‘z'1prm'ide'drhata vacancy exisrs an a Canmi .si'on Beard my\\'}]fCI!}'U[1have applied. Ifam '5 no mmncy. Q your nppnrmian will be kept on filemy1 year [0 be considered when an opening does 5:
0 57 \“\" \§e"°
Residency Lengm at Residency in meCity nf Desert Hot springs 10 Years
(Example: 2 Years)
Registered Voter Are yen in negisiered vmer in the City nf Desert Hol Springs? Yes
No
GENERAL INFORMATION
Last Name Voss
First Name * Dirk
Address * Street Address
Address Line 2
City Slale / Province / Region
Desert Hot Springs CA
Postal / zip Code cnuniry
92240 United States
Plume Number * -
-smeiizevirrress R
WHICH COMMISSION/BOARD ARE YOU INTERESTED IN SERVING
Number in order of preference.
* PLANNING CDMIVJISSION
1:: Choice 2nd Choice Nat Interested
Meeis die 2nd Tuesday nf earnllmnlh at 6:00 p.m.
Item Number: 5.
PUBLIC SAFETY COMMISSION
1st Choice 2nd Choice Nat Interested
Meets the 2nd 'I'l|I|rsday oreach month at 6:00 11.11].
QUESTIONS
The following infnrlnation consists nf some nf the iactnrs used by the City Council, and/or snbcommittee thereof to select ?nal applicants: 1) Background, education, experience to demonstrate sound jtldgelnent; 2) Diversity in commission membership; and 3) attendance at commission meetings prior to consideration Background / Work Experience I Civic involvement
1.ResidentIhome owner here in Desen Hot Springs for ten years.
2. Served on the City's planning commission from 2015—2018 during the biggest economic development renaissance of Citys history reviewing and approving all the cannabis projects which today is the number one revenue generator for the City.
Served on the RDA Successor Oversight Committee which assisted with the guidance of closing out of the RDA and selling of properties owned by the RDA.
Served on the City's Community and Cultural Affairs Committee assisted with community events and activities to engage the residents with services.
3. Self Employed specializing in organizational managementlstructure. business development, project management and buildout, processing of projects for approval, licensing, com ance. and management staff training. Previously. lworked over twenty years in city government managing code compliance. neighborhood programs. development services. economic development and redevelopment.
Occupation and Employer (If retired, indicate last occnpation/employer)
1. Self Employed: Urban Management Strategies
2. Previously. worked in city government for over twenty years with the cities of Long Beach. Palm Springs. Oxnard and Banning.
Education I 'IYai||i|Ig
1. Experience from serving on three separate commi ionslcommittees for the City.
2. Numerous supervisorylmanagement training certi?cations and courses.
3. Training from California Redevelopment Association.
4. Traininglcenifications from California Association of Local Building Officials.
5. Traininglcenifications from California Association of Code Enforcement Officers.
6. Rio Hondo College/Long Beach City College.
Have you served on a city cnnnnission/noard in the City of Desert Hot springs or any other City?
No Yes (If yes, please describe below)
Was a member of the Planning Commission from 2015 to 2018. Was a member of the RDA Successor Oversight Committee from 2016 to 2018. Served of the Community and Cultural Affairs Committee from 2013—2015.
Item Number: 5.
Have ynn Ever mended a City Cnllncil meeting?
N17 Yes
Have ynn Ever mended a City Cnlnmission meeting?
No yes (Ifyes. list which Commissions below)
Was a member of the Planning Commission from 2015 to 2018. Was a member of the RDA Successor Oversight Committee from 2016 to 2018. Served of the Community and Cultural Affairs Committee from 2013—2015. oesmhe your knowledge of metnnuions, reglllatinlls and pmcednies of the commission/noard (your 1st choice) on which yon would like to serve.
Planning Commission:
The commissions role is to review projects before them to ensure they meet City codes. zoning. design and land use requirements, including the general plan for the City. To ensure they meet the desired community standards, that any project impacts are addressed so it eliminates or minimizes the potential of any negative impacts such as traffic flow and noise. To ensure the bene?ts of a project outweigh any negatives such as the development of a commercial center or new home development and how it is compatible too neighboring propenies. To make sure it is near revenue neutral in costs to the City such as public uti s, public safety. parks and infrastructure or in house City staffing. To consider the economic impact and bene?ts to the community both now and years ahead.
What specific skins, attitudes, and expeiienee do yon unnk yon have that will enhance the work oi meColnlnission/Board
Iserved on the planning commission from 2015 to 2018 including sewed as the Chair so my experience on i s greatly helpful to ensure it's following proper protocols in commissioner duties and role, understanding agendas and meeting packets?nfo. keeping focused as to what the commissl Is allowed to do or not to do and ensuring quality community standards.
Having sewed on three different commissionslcommittees for the City. the experience has given me a unique insight as to how the City operates. understanding the City zoning and development codes. the economic impacts and goals for the City and what the residents need both in jobs and services.
Prior to serving on the City's planning commission and before being a resident in Desert Hot Springs. I sewed on various City commissions in the c'rty(s) I resided over the years. Isewed as chair and as a board member to statewide and countywide professional and sewice organizations. Proper boardmanship skills is something I bring to the commission, a desire to improve our community and contribute with the professional and personal knowledge and skills I have to help our city.
Item Number: 5.
File Uplnad (optional)
wlrat specific issnes or problems racetlre Colnlnissionlllnard? no you have suggestions to address tltese issues or problems?
1. Economic development and jobs for residents — even though there are speci?c criteria for developers and certain businesses to pick a location, we are unique in that we are the gateway to the Coachella Valley and the Joshua Tree Basin. Over 200.000 vehicles drive past our city every day so knowing these two assets we have, the issue and suggestion is to encourage development that willturn those assets into economic development wins for the City just as we did with the cannabis industry and the ample industrial land space we have in the city.
2. Traffic and roadlstreet conditions. In reviewing projects it's not only important to look at a project. but also consider off site such as road enhancements. impact to existing streets and overall traffic flow.
3. Public safety. It's important as a project is considered. could it impact public safety such as approving a 3,000 home project but not requiring a ?re station and police substation in it or such as what we did while I was on the planning commission, we required rod iron or block wall fencing — no chain link and required rod iron in the front so Police could see from the street — also added additional lighting in parking areas so no dark zones for employee safety.
4. Housing. Although affordable is and willforever be an issue, it's important the City encourage higher end homes. limited yard style homes, senior housing and in—?|| home development — all of these help diversify the City's housing stock and economic development. Total housing units(rool'tops) is no longer a necessary criteria for economic development growth in communities.
5. Quality of life. A very broad topic but parks. recreational amenities, trees, open space. bike paths. dog parks. etc should be considered in reviewing projects.
Example, if a commercial center is developed, does it have covered bus stops, does it have covered outdoor sitting areas. is parking situated eastlwest instead of nonhlsouth so in the summer instead of hitting the side of a car, it's the front or back of car, both which are covered or tinted — pay attention to the little things that make quality of like better.
Please feel free In include a resume, letter(s) of recommendation, etc.
Appointed commissioners may he required to snlmrit a Fair Political Practices commission (FPPC), statement of Econnmic Interests Fnrln (Form 790) pursuant to CA Gnvernment cnde § B7200 and/or Desert Hot Springs Mtntieipal code § 2.20.059.
As an appointed eonmrissinner or lmardmelnlmr, state law requires two lmnrs nf training in general etlrieal principles and etltits laws every two years. More iltforlnation will be provided npnn appointment. some or all orthe content contained in arts application and its attaeltments may be snbject to diselosnre pnrsnant to useCalifornia Public Records Act (CA Government code § 6250, El seq.)
signature *
l certify that useabove statements are true and correct In usebest ormy knowledge r©meC)J:¢
Item Number: 5.
SR-23-012
City of Desert Hot Springs
City Council
AGENDA ITEM REPORT
To: City Council
Date: January 17, 2023
Department: Administrative Services
Prepared by: Geoffrey Buchheim, Administrative Services Director Subject: Professional Services Agreement for Tax Administration Services with Webb Municipal Finance in the Amount of $278,496 for Three (3) Years RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement for Special District Tax Administration Services with Webb Municipal Finance in the amount of $278,496 for three years with the option of two (2) one-year extensions; and to authorize the City Manager to execute all necessary agreements, as approved to form by the City Attorney.
DISCUSSION:
On November 1, 2022, City staff issued a Request for Proposal to provide special district administration services. The scope of services provided will include, but are not limited to, Community Facilities District annual administration, securing Engineer Reports, Annual Levy Reports, support to the City for landscape and lighting maintenance districts, special district formation/annexation services, drainage assessment districts, parcel tax levy, nuisance abatement, refuse collection, public safety tax, and County Service Area 152. The firm selected will be the Engineer of Record and will prepare the Engineer’s Report which is presented to City Council in June of each year. The districts improvements included in the assessment are the maintenance of streets, drainage facilities, trees, landscaped slopes and park facilities within the District and the operation and maintenance of the street lighting system within the District.
On December 1, 2022, two companies responded to the Request for Proposal: Webb Municipal Finance, and David Taussig & Associates, Inc. (DTA) Staff reviewed each proposal and scored them based in the following criteria:
1. Firm’s qualifications and experience (20 points)
a. Submit a listing of the firm’s experience with special districts and tax roll billing, including what kind of and how many special districts the firm had the responsibility for administering and for how long.
2. Staff qualifications (5 points)
a. Provide the resumes of key staff that will be working on the City’s special districts to determine individual qualifications.
Item Number: 6.
SR-23-012
3. Familiarity with federal, state, and county procedures (10 points) a. Firms needed to demonstrate understanding of regulations and reporting required for enrollment of special taxes, preparing required documentation and submittal of special taxes.
4. Familiarity with budget preparation (10 points)
a. Show experience in budget preparation and annual calculations and apportionment of taxes.
5. Technical ability (10 points)
a. Demonstrate ability to create maps, prepare reports, such as Engineer’s Report, resolutions, reports, etc.… Firm must provide examples in their proposal.
6. Performance of other contracts (5 points)
a. Firms provide client references
Once the scores were tabulated, the reviewers met to discuss the advantages and disadvantages of each proposal and the results were as follows:
Ranking Firm Address Average
Score 1 Year Bid Amount
1 Webb Municipal
Finance
3750 McCray Street
Riverside, CA 92506 53 $91,000 first year, 2% increase
each following year
2 David Taussig &
Associates
(DTA)
3390 University Avenue,
Suite 200
Riverside, CA 92501
52 $51,392 first year, CPI increase
each following year
From the results, both firms are qualified to perform the services. Webb has the advantage of many years of experience providing special district administration services to the City. Webb has provided professional, accurate, and timely work products for the City during their tenure as the Special District Administrator. DTA has the advantage of offering a significantly lower bid price. However, DTA’s proposal only includes two in-person meetings per year. They would only be available to come to two City Council meetings per year. Any additional in-person meetings will be charged on a time and materials basis, not to exceed $2,500 per in-person meeting. Last fiscal year, the City had 11 City Council meetings with special district items on the agenda. For DTA to attend the other 9 meetings that would be an additional $22,500 at most of extra cost, even more if there are additional meetings. While the references for DTA were positive, the City’s own experience with DTA for the Development Impact Study Update was not very satisfactory. The report was delayed, response times were long, and the project was overbudget. Based on past experience with both firms, Staff is recommending Webb Municipal Finance because they are a well-regarded local firm that best meets the needs of the City.
In the past, the City’s relationship with Webb Municipal Finance has been very beneficial. The staff at Webb has proven to be a valuable resource for many City departments and has provided extra services to the City at no additional costs. Those additional services include, but are not limited to:
• Completed project limit and city boundary maps for Capital Improvement Projects • Completed research on city properties and tract maps requested by staff • Completed assessment work regarding the Rancho Del Oro residential development and worked with City staff for several years prior to completing the formation of the Lighting and Landscape Maintenance District
Item Number: 6.
SR-23-012
• Assisted City staff with various questions and research on public safety questions posed by property owners
• Assisted the Engineering staff with many taxation and annexation questions and inquiries from applicants
This agreement is for a period of three (3) years, with the option to renew for two (2) one (1) year terms. The beginning of the agreement will be with the 2023-2024 levy of items to be placed in the Riverside County tax roll and will continue until the 2025-2026 levy with the option to renew for the 2026-2027 and 2027-2028 tax levies.
FISCAL IMPACT:
The cost of professional services for the levy and collection of assessments for the term of the agreement of three (3) years is $278,496. The annual administrative services cost per fiscal year will be as follows:
FY23-24: $91,000
FY24-25: $92,820
FY25-26: $94,677
All costs associated with the formation of new districts will be paid by the developer and or owner.
ATTACHMENTS:
Exhibit 1 - Professional Services Agreement - Webb Municipal Exhibit 2 - RFP Special District October 2022
Exhibit 3 - Webb Municipal Finance - Proposal
Exhibit 4 - DTA - Proposal
Item Number: 6.
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
WEBB MUNICIPAL FINANCE
This Professional Services Agreement (“Agreement”) is made and entered into this 17th day of January, 2023, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and Webb Municipal Finance, a corporation, hereinafter referred to as “Consultant.”
RECITALS:
WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with Special District Administration Services as directed by the City on an as needed basis (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,
CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER
GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.
Section 3. TERM
Item Number: 6.
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect for a period of three years with two (2) one-year options to extend or until terminated, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.
Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, $278,496 Dollars and Zero Cents for a period of three (3) years ending March 31, 2026 with the option of two (2) one-year options to extend.
Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:
Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of Item Number: 6.
this Agreement. Consultant shall not perform Extra Work without written authorization from the City.
Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause. Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.
Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.
Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.
Section 10. CONSULTANT’S BOOKS AND RECORDS
Item Number: 6.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement. d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT AGENT
OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S STATUS
OF CONSULTANT
Item Number: 6.
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement. (6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement. (6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement.
Item Number: 6.
(7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at City-owned property.
Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors.
Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
Item Number: 6.
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the
specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies, standards, or guidelines for the City or for any subdivision thereof. (2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.
Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS AND
LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
Item Number: 6.
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and (4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.
Section 17. INDEMNIFICATION
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein. c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in Item Number: 6.
default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault. d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Consultant shall provide insurance on an occurrence, not claims-made basis. Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” Item Number: 6.
while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
(3) Automobile Liability Coverage. Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Consultant shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Consultant were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or sub-consultants, to the extent such persons other than Consultant are permitted to perform any of the Services under this Agreement. The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate.
b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. (3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
Item Number: 6.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Consultant may either reduce or eliminate such deductibles or selfinsured retentions with respect to City, its officers, employees, agents, and volunteers.
The City Manager may condition approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. d. Certificates of Insurance. , Consultant shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated. g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements Item Number: 6.
herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors. h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.
Section 19. NOTICES
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant: Heidi Schoeppe, President/Managing Director Webb Municipal Finance
3788 McCray Street
Riverside, CA 92506
Telephone: (951) 320-6087
Email: [email protected]
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently Item Number: 6.
complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.
Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services that are not finished by Consultant.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement.
c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Item Number: 6.
Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City. b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.
Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement Item Number: 6.
action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto. Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual Item Number: 6.
orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.
Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 33. PRINCIPAL REPRESENTATIVES
a. Heidi Schoeppe shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties.
b. Luke Rainey shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.
Section 34. NON-LIABILITY OF CITY’S OFFICERS AND EMPLOYEES No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.
Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.
Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.
Item Number: 6.
Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 38. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.
Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
Section 42. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.
Section 43. SUCCESSORS AND ASSIGNS
Item Number: 6.
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.
Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.
Section 45. FINGERPRINTING
Consultant hereby acknowledges that the people working with the City must pass a background check and that s/he is required to be livescanned (fingerprinted) by the City of Desert Hot Springs Police Department, at Consultant’s expense, prior to execution of this Agreement. In the event Consultant does not do so prior to execution, Consultant agrees to do so immediately following execution hereof.
Section 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
Item Number: 6.
CITY OF DESERT HOT SPRINGS
_____________________________
Luke Rainey, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
_____________________________
WEBB MUNICIPAL FINANCE
_____________________________
Heidi Schoeppe, President/Managing
Director
N:\DHSO\0001-01 General\Doc\6051
Item Number: 6.
EXHIBIT “A”
SCOPE OF SERVICES
• Request for Proposal for Special District Administration Services Item Number: 6.
November 1, 2022
REQUEST FOR PROPOSAL
The City of Desert Hot Springs, hereinafter referred to as the City, is inviting proposals from qualified firms to provide special district administration services. To be considered for this agreement, your firm must meet the qualifications and satisfy the requirements as stated in the Request for Proposal (RFP).
It is the intent of the City to award a three (3) year agreement starting March 2023 with the option to renew for two (2) additional one (1) year terms beginning with the 2023-2024 levy of items to be placed on the Riverside County tax roll.
Time Schedule:
The following is the City's tentative schedule for the selection of a consulting firm:
1. Request for Proposal sent: November 1, 2022
2. Deadline for filing RFP: December 1, 2022 no later than 4:00 p.m.
3. Staff Reviews Responses December 2022
4. Award Contract January 17, 2023
5. Annual Contract Period March through February
Prior to 4:00 p.m., on December 1, 2022 proposals shall be submitted to:
Jerryl Soriano, City Clerk,
[email protected]
11-999 Palm Drive
Desert Hot Springs, CA 92240
Item Number: 6.
All questions regarding this RFP must be in writing and directed to Geoffrey Buchheim, Administrative Services Director at [email protected]. Contact with City of Desert Hot Springs personnel or anyone other than those listed above regarding this RFP may be grounds for elimination from the selection process.
Sincerely,
Geoffrey Buchheim
Administrative Services Director
Item Number: 6.
CITY OF DESERT HOT SPRINGS
REQUEST FOR PROPOSAL
SPECIAL DISTRICT ADMINISTRATION SERVICES
PART I: SELECTION CRITERIA
A final contract will be awarded to the Contractor who can best meet the requirements as specified; and provide the highest quality and cost effective special district administrative services to the City, as determined by the City Staff/Council based on the following factors which are listed without implication of priority:
1. Information regarding the Contractor’s experience and qualifications to successfully provide special district administrative services.
2. The ability and willingness of the Contractor to meet all requirements as outlined in the scope of work (see Exhibit A).
3. Provided a list of client references and an outline of any experience the Contractor has had in meeting the special district administrative service needs of other governmental organizations, or any other organization. In addition to a list of client references along with a resume of the firm's experience in special district administrative services including the name, address and telephone number of client references that may be contacted, provide a brief description of each project explaining the service performed.
4. The thoroughness and conformity of the proposal package, and cost to provide the service.
5. Provide an estimate and compensation schedule on the scope of work as outlined in Exhibit A. The proposed fee schedule including estimated hours for each member of the consulting team and hourly billing rates. The City reserves the right to clarify and further define the scope of work and pricing.
PART II: INSTRUCTIONS, CONDITIONS, and LEGAL REQUIREMENTS
1. Contractor shall provide an email to [email protected] with attachment of the proposal.
2. The City of Desert Hot Springs has outlined the requirements herein in as much detail as is currently known. Please provide any exceptions, additional information, or suggestions that will aid in the City’s selection process (attachments are acceptable).
3. The Contractor shall defend, indemnify, and hold the City of Desert Hot Springs, its officers, agents, volunteers, and employees free and harmless from any and all causes of Item Number: 6.
action or claims of damages arising out of or related to the Contractor performance under this contract.
4. The City reserves the right to negotiate terms and scope of work with the highest ranked Contractor. If an agreement cannot be negotiated the City reserves the right to negotiate with any other Contractor.
5. Contractor shall identify those services that will be out-sourced to a sub-Contractor. The Contractor will be responsible for verifying the qualifications and validity of all licenses or permits for any out-sourced work to sub-Contractors. The Contractor is also responsible for paying its employees and any sub-Contractors the Contractor hires.
6. Selected Contractor is required to comply with all existing State and Federal labor laws.
Selected Contractor is also responsible for complying with all OSHA standards and requirements. If Contractor out-sources any work or job to a sub-Contractor, it will be the prime Contractor’s responsibility to ensure that all sub-Contractors meet the requirements as stated in this RFP.
7. A contract will be awarded to the most qualified Contractor. Although price is a prime consideration, it is not the sole determining factor. The City reserves the right to select the appropriate firm based on the most qualified. The determination of the most qualified and most competitively priced may involve all or some of the following factors: price, thoroughness of the qualification package, previous experience and performance; conformity to scope of work in Exhibit A; financial ability to fulfill the contract; ability to meet scope of work; terms of payment; compatibility, as required; number of subContractors the main Contractor may need to employ for out-sourced work; other costs; and other objectives and accountable factors which are reasonable. The City reserves the right to select a Contractor to perform all of the work identified in the RFP, or only selected portions based on price and/or other factors.
8. Before execution of the contract, the selected Contractor is obligated to provide evidence of liability insurance to include: Worker’s Compensation Insurance of $1,000,000 per occurrence, General Liability insurance of $2,000,000 per occurrence and, Automobile Liability and Professional Liability insurance of not less than $1,00,000 per occurrence and $2,000,000 in aggregate.
9. The successful Contractor shall be an independent contractor, and nothing shall be construed to cause the Contractor to be deemed or represent itself as an agent or employee of the City.
10. Any evidence of agreement or collusion among Contractors acting illegally to restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the qualification of such Contractors void.
11. The selected Contractor agrees to maintain a City of Desert Hot Springs Business License for the duration of the contract.
Item Number: 6.
12. Contractor agrees that all service by the Contractor shall be to the satisfaction of authorized City personnel. In the event that the Contractor defaults on performance of any of these requirements, then the City shall have the right to terminate this agreement upon thirty (30) days written notice delivered to the Contractor by certified mail or courier. Termination of the contract will not relieve the Contractor of any liability to the City for damages sustained by the City because of any breach of contract by the Contractor, and the City may withhold any payments to the Contractor until such time as the exact amount of damages due the City from the Contractor is determined.
13. The Contractor shall submit a list of at least five (5) references that have purchased similar products or services from the Contractor. Contractor shall provide company name, contact name and phone number for each reference.
14. The term of the contract shall commence upon execution by the City Council or authorized City representative and continue through a date to be determined. The City reserves the option to extend the contract(s) under the same terms and conditions for a maximum of two (2) additional one-year at current price levels.
15. The contract between Contractor and the City is non-transferable. Contractor shall under no circumstances assign the agreement without written permission of the City. Contractor shall notify the City, in writing, of any change in shop ownership at least thirty (30) days prior to said change.
16. The standard form of the City’s professional services agreement is attached hereto as Exhibit B. The selected Contractor will be required to enter into this Agreement. By submitting a response, Contractor certifies to the City that he/she has reviewed the Specifications of the RFP and the terms of the agreement and has incorporated all direct and indirect costs of complying with the scope of work and the agreement into the response.
17. The City's terms for payment are net 30 upon receipt of invoice. Contractor shall submit invoices between the first and fifteenth business day of each month for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all undisputed fees.
18. Prohibited Interest – No officer, or employee of the City of Desert Hot Springs shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s sub-Contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Desert Hot Springs has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s sub-Contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
Item Number: 6.
PART III: GENERAL INFORMATION
1. Contractor is required to carefully and fully investigate all of the requirements of this RFP.
By submitting a response, Contractor represents and certifies to the City that such investigation has been completed and that it fully understands the scope of work.
2. The City reserves the right to reject any and all responses, if deemed necessary.
3. The City will not reimburse Contractors for any costs involved in the preparation and submission of response. Furthermore, this RFP does not obligate the City to accept or contract for any expressed or implied services.
4. The City reserves the right to request any Contractor submitting a response to clarify its proposal or to supply additional material deemed necessary to assist in the selection process.
5. If an Exhibit “A” requirement cannot be met by a Contractor, then the Contractor should submit a “No” response for the items affected. Alternate or equivalent items may be submitted for consideration by the City, unless otherwise specified.
6. All submitted qualifications and information included therein or attached thereto shall become public records upon contract award.
7. Contractor is requested to provide any exceptions, additional information or suggestions that will aid in the City’s selection process.
8. Any questions regarding this RFP should be referred in writing, to Geoffrey Buchheim, Administrative Services Director, via email to [email protected] .
9. Contract start date will be March 1, 2023 starting with the FY23-24 Tax Rolls and will continue on a March to February term on an annual basis until the contract expires or is terminated.
Item Number: 6.
Exhibit A
RFP SPECIFICATIONS
SPECIAL DISTRICT ADMINISTRATION
CITY INFORMATION
The City of Desert Hot Springs has formed the following special districts that require special district administration:
District No. of Parcels FY 22-23 Levy
City-wide LLMD - Zone A & B 13,837 $571,651
LMD#2 Zones 1 to 18 1,987 $451,547
Drainage Assessment Districts Zone 1 to 16 1,351 $327,216 CFD 2006-1 216 $199,253
CFD 2010-1 – all zones 219 $733,650
Public Safety Parcel Tax (PTAX) 13,769 $2,510,009
Public Safety Parcel Tax (PTAX 2) 773 $290,418
Nuisance Abatement Tax Roll 108 $379,228
DVD Disposal Delinquency Tax Roll 122 $162,806
DVD Disposal Refuse Collection 7,609 $3,915,667
CSA 152 8,786 $146,400
SCOPE OF SERVICES
The City is seeking proposals to provide consulting services starting with the levy for 2023-2024 for the administration of the City’s Landscaping and Lighting Maintenance Districts, Community Facilities Districts, Public Safety Special Tax, and other Tax Roll Billing to include the following:
SCOPE OF SERVICES
COMMUNITY FACILITIES DISTRICT ANNUAL ADMINISTRATION (BONDED & SERVICES)
1. Maintain and annually update an electronic database containing parcel characteristic data and annual special tax levy amounts by Assessor’s Parcel Number ("APN"). Database to include at a minimum, current year and historic tax roll information, parcel classifications, property owner information, land use, and building permit data. Database to be updated annually with current year final tract and/or parcel map recordation information along with the appropriate building and parcel information for all properties Item Number: 6.
located within the boundaries of the City's Community Facilities Districts ("CFD").
2. Creation of maps and other visual aids. All parcel data must be viewable (in a format similar to Google Earth) by City staff. Maps will need to be updated on an annual basis with the current year's Riverside County parcel data and need to accurately show the CFD boundary, identification/labels, and current parcel special tax information.
Additionally, PDF versions of maps for each CFD will be prepared and presented to City staff illustrating the current year's levied parcels. PDF maps will include boundary, parcels, and labels noting the enrolled status as either levied, not levied, exempt, nontaxable, write-of-way, or any other relevant notation.
3. Meeting attendance. At the City’s request, attend all meetings related to the City's CFD program. Consultant shall be prepared to attend, at minimum, one meeting per month.
Including but not limited to staff meetings, Council meetings, public hearings, developer meetings, and meetings related to the conveyance of public education and information.
Consultant will also be responsible for assisting in the preparation of all relevant meeting material and presentations. Additionally, consultant will be prepared to present and speak at any meeting required.
4. Budget preparation and the annual calculation and apportionment of the special taxes.
Assist City staff in the preparation of the annual CFD budgets, including coordinating with the Trustee to obtain the debt service requirements and availability of any applicable fund balances, determine the administration expense, delinquent property owners, any reserve requirement replenishment, and the calculation of any other applicable requirement. Apportionment will adhere to the Rate and Method of Apportionment of Special Tax ("RMA"). Including the assignment of special tax classes per each of the RMAs, and the setting of annual special tax rates that are necessary to satisfy the special tax requirement.
5. Annual enrollment of the special taxes. Prepare all required documentation required for submittal of the special taxes to the Riverside County Auditor-Controller. Including City Council annual resolutions, Proposition 218 Compliance letters, direct bills (if needed), special tax levy summary for the Fiscal Year and an electronic copy of the annual CFD levy report for each CFD showing the amount levied by APN.
6. Prepare and mail invoices (direct bills) on City letterhead to all property owners whose proposed annual levy for their parcel could not be applied to the County tax roll (parcels for which the County does not generate a tax bill). These invoices would be provided in two installments, similar to the County tax bills, and would be payable directly to the City.
7. Provide special tax levies for each parcel by APN to the Riverside County AuditorController’s Office in the media, format, and configuration required by the County for placement on the annual property tax roll (currently FTP).
8. Research parcel exceptions provided by the County and, if possible, resubmit the levy amounts that were rejected by the Riverside County Auditor-Controller’s Office.
Item Number: 6.
9. Prepare and disseminate all required reporting. Review all pertinent documents relating to each of the following report's requirements, collect third-party data, and other required information needed to:
• Prepare all annual continuing disclosure reports as required by SEC rule 15c2-12.
Disseminate through the Electronic Municipal Market Access (EMMA) and to any other party directed by the applicable continuing disclosure agreement. • Prepare and provide annual reports to the California Debt and Investment Advisory Commission (CDIAC) per Section 53359.5(b) of the California Government Code. • Prepare the required reporting to the California State Controller’s Office California Government Code, Section 12463.2, enacted as part of AB 2109. Provide to City staff for inclusion in the annual financial transaction report. • Assist in the filing of the SB 165 report to the City Council each year to comply with legislation that enforces additional reporting requirements. California Government Code, Sections 50075.3 or 53411.
• Prepare and provide the annual comprehensive CFD report to City staff.
10. Prepare any other report, for City approval, as required by any State and/or Federal disclosure reporting requirements pertaining to each CFD, as applicable, amended, or newly enacted and required. Includes being a resource to the City by staying current and identifying any new legislation and reporting requirements as they relate to CFDs.
11. Assist the City in the preparation of all legal documents related to the CFD program.
Including but not limited to staff reports, resolutions and ordinances, notices, and any presentation material required. The City acknowledges that the City Attorney will review all pertinent documents for form and content.
12. At property owner's request (and subject to a fee for service per request), calculate written prepayment quotes for individual property owners. Upon payment in full, draft and record the notice of lien release and update database records with any prepayments.
13. Perform required bond call spreads, coordinate the early redemption of outstanding bonds, update debt service schedules, and release of lien processing.
14. Delinquency services which include the monitoring of delinquent parcels for each December 10th and April 10th installment and reporting to the City. Drafting and mailing of reminder letters and demand letters to property owners. Calculation of delinquency payoff quotes.
15. Foreclosure services to include tax roll removal, drafting and mailing of foreclosure letters, and foreclosure coordination and support. Includes providing subsequent foreclosure services such as the preparation of foreclosure reports and resolutions, delinquency and foreclosure inquiry support, and repayment schedule preparation.
16. Monitor the agency’s compliance with the Indenture of Trust or Fiscal Agent Agreement, as it relates to the pledge and/or flow of special tax revenues.
17. Provide overall support to City staff and Council as it relates to the CFD program.
Item Number: 6.
Including the management and timing of all CFD related activities and community education/outreach workshops and presentations.
SCOPE OF SERVICES
LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS & DRAINAGE ASSESSMENT DISTRICT
ANNUAL ADMINISTRATION
1. Review past history (including all documentation, databases, and budgets) and impact of Proposition 218 as it relates to the City’s Landscape and Lighting Maintenance Districts (“LLMD”) and Drainage Assessment Districts (“DAD”), (collectively the “Districts”). Review prior years’ Engineer’s Reports to gain the necessary experience required to successfully administer the Districts.
2. Consultant to stay current with all legislation affecting the City’s Districts and ensure each District is in compliance with all current and future legislation. Keep the City apprised of all relevant reporting requirements and all proposed legislation which will amend or create new reporting obligations. With the passage of AB 1666 and SB 1029 it is apparent the state of California is looking to increase oversight of special financing districts, and it is critical the City’s Assessment Engineer ensure each District is aware and in compliance with current and upcoming legislation.
3. Ensure the City’s projects are a priority and will meet all deadlines relating to the City’s Districts. Establish and maintain lines of communication with City staff to determine the appropriate deadline for each project.
4. Meet and coordinate with City staff to better understand the specific goals and objectives relating to the City’s Districts with an annual kickoff meeting. During the kickoff meeting consultant will work with City staff to develop timelines, including key dates and timeframes, for relevant tasks throughout the year for the annual administration services. Additionally, consultant will review key elements of each District’s annual administration, which includes, but is not limited to the review of: District budgets, administration expenses, reserve fund balances, potential annexations (if applicable), and modification or expansion of District improvements.
5. Assist City staff in creating budgets necessary and determining the proposed special assessment required each year for the Districts. Based upon the costs provided by the City, the consultant will confirm or modify the level of service for each zone/sub-area. The budgets will be independently prepared and based upon the specific improvements located in each zone or sub-area and will account for all costs including but not limited to the annual and periodic costs to operate, maintain, and service the Districts.
6. Maintain and annually update an electronic database containing parcel characteristic data and annual special assessment levy amounts by Assessor’s Parcel Number ("APN"). Database to include at a minimum, current year and historic tax roll information, parcel classifications, property owner information, land use, acreage, and benefit assessment unit information.
Database to be updated annual with current year final tract and/or parcel map recordation Item Number: 6.
information along with the appropriate building and parcel information for all properties located within the boundaries of the City's Districts.
7. Creation of maps and other visual aids. All parcel data must be viewable (in a format similar to Google Earth) by City staff. Maps will need to be updated on an annual basis with the current year's Riverside County parcel data and need to accurately show the district boundary, identification/labels, and current parcel special assessment information. Additionally, PDF versions of maps for each district will be prepared and presented to City staff illustrating the current year's levied parcels. PDF maps will include boundary, parcels, and labels noting the enrolled status as either levied, not levied, exempt, non-taxable, write-of-way, or any other relevant notation.
8. For each item requiring Council action, consultant will prepare all necessary staff reports, assist in the preparation of the resolutions, notices, and scripts in accordance with California Government Code. Consultant will also attend all applicable Council meetings which require City Council action and will, as necessary, be available to answer questions posed by the Council, City staff, and/or the public.
9. Engineer’s Report Preparation (LLMD) - Prior to the annual public hearing and in accordance with the Landscaping and Lighting Act of 1972 and the California Constitution Article XIIID, consultant will file the Engineer’s Report for the City’s LLMDs with the City Clerk. The Engineer’s Report will include the fiscal year’s budget information, the listing of improvements to be maintained by the collection of the special assessments, the benefit spread methodology, a copy of plans and specifications, an estimate of costs, an assessment diagram, and a complete listing of parcels to be assessed and their total assessments. Each report will be prepared in accordance with California Government Code. The Engineer’s Report will include a statement of engineer signed by a Professional Engineer verifying the accuracy of the report. The original copy of the Engineer’s Report will be provided to the City along with an additional printed copy and a copy in PDF format.
10. Engineer’s Report Preparation (DAD) - Prior to the annual public hearing and in accordance with the Benefit Assessment Act of 1982 and the California Constitution Article XIIID, an Engineer’s Report will be prepared and filed for the Drainage Maintenance District with the City Clerk. The Engineer’s Report will include the fiscal year’s budget information, the listing of improvements to be maintained by the collection of the special assessments, the benefit spread methodology, a copy of plans and specifications, an estimate of costs, an assessment diagram, and a complete listing of parcels to be assessed and their total assessments. The report will be prepared in accordance with California Government Code. The Engineer’s Report will include a statement of engineer signed by a Professional Engineer verifying the accuracy of the report. The original copy of the Engineer’s Report will be provided to the City along with an additional printed copy and a copy in PDF format.
11. Annual Special Assessment Submittal - Prior to the submission of the special assessments, consultant will prepare the Proposition 218 compliance letter and authorized signatures list which are required by the Riverside County Auditor-Controller’s Office.
In consultation with City staff, consultant will determine the levy requirement for the current fiscal year for the Districts. This task includes calculation and preparation of the annual levy Item Number: 6.
for each of the Districts in the media, format, and configuration acceptable for direct submission to the Riverside County Auditor-Controller’s Office prior to the statutory deadline.
Upon receipt of any rejected parcels, consultant shall perform adjustments and corrections to the levies on the property tax rolls as necessary. Consultant will also prepare and submit the required resolutions which authorize the special assessment enrollments.
12. Preparation of all required documentation, including staff reports, resolutions ordering the levy and collection of the special assessments, signature authorization forms, and Proposition 218 letter, as needed to submit the annual assessments to the Riverside County AuditorController’s office.
13. Once the annual levies are finalized and submitted to the County, consultant will generate a levy detail report for each District. The reports will be provided to the City (in electronic format and a hard copy) within 90 days of the final submittal to the County. Each report will list the parcel number levied by the District and the total special assessment levied for the fiscal year.
14. Serve as the initial and primary contact to City staff, property owners, title companies, and other interested parties for inquiries regarding each District’s administration and annual special assessment installments. A toll free telephone number, to be provided by consultant, will appear on the regular property tax billing next to the specific District line item to facilitate contact with the public. The City may also refer property owners, title companies, and other interested parties with inquiries regarding each District’s administration and annual special assessment installments directly to the consultant.
SCOPE OF SERVICES
SPECIAL DISTRICT FORMATION/ANNEXATION SERVICES
1. Consultant will act as primary point of contact for development community seeking to request the formation of, or annexation to, a City special district. Upon receiving the development documentation package consultant will confirm all pertinent documents have been received for processing.
2. After review of the development documentation package and based upon the characteristics of the development and facilities to be maintained, consultant will assist City in determining whether the development should be annexed into an existing special district or to form a new separate special district.
3. For each new special district formation/annexation, consultant will prepare and provide a timeline which will identify all relevant tasks relating to the formation/annexation. The timeline will be established in accordance with all California Government Code meeting requirements to ensure a smooth and efficient project.
Item Number: 6.
4. Consultant will use all submitted and approved information to prepare a budget for the improvements associated with the formation/annexation. The budgets will identify all annual expenses incurred by the special district.
5. Preparation of a parcel database to include the parcels proposed to be included in the special district, which will include, but is not be limited to, the special tax or assessment information, principal assessments (if applicable), acreage, square footage, classifications, land use codes, zones, dwelling units, EDU values, property owner information, situs addresses, and tract and lot numbers.
6. In accordance with the established formation documents, calculate the annual special tax or assessment for each parcel included in the formation/annexation.
7. Preparation of all required mapping instruments for the applicable subject special district.
This task will include the creation of boundary maps, assessment diagrams, and location exhibits in accordance with applicable California Government Code.
8. Preparation of the formation/annexation formation reports and documents. In the case of LMDs, includes preparation of the Engineer’s Report which will include, but not be limited to, the Engineer’s Statement, description of the facilities to be maintained, estimate of cost, method of assessment, and assessment diagram. In the case of CFDs, includes both the Rate and Method of Apportionment (“RMA”) and the Public Hearing report. The RMA will include, but not limited to, all required contents and provisions of the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The Public Hearing report will include, but is not limited to, the provisions of California Government Code Section 53321.5 requiring a description of the public services being provided and the estimate of the costs of providing said public services.
9. As necessary, consultant will assist in the preparation of all required legal documents including, but not limited to, staff reports, resolutions, ordinances, special tax/assessment liens, special election ballots, and notice of public hearing.
10. For each item requiring Council action, consultant will attend all Council Meetings which require City Council action and will, as necessary, be available to answer questions posed by the Council, City staff, and/or the public.
SCOPE OF SERVICES
PUBLIC SAFETY TAX, PUBLIC SAFETY TAX AREA AND TAX ROLL BILLING (TRASH, DELINQUENT
TRASH, NUISANCE ABATEMENT)
1. Maintain an electronic database containing parcel characteristic data and annual levy amounts by Assessor’s Parcel Number ("APN"). Database to include, if necessary, current year and historic tax roll information, development and land use information for all parcels where development and land use information is necessary in determining the levy for the APN.
Item Number: 6.
Database to be updated annually with current year information for all properties located within the boundaries of these Districts.
2. As necessary, consultant will assist in the preparation of all required legal documents including, but not limited to, staff reports, resolutions, ordinances, special tax/assessment liens, special election ballots, and notice of public hearing.
3. Preparation of the annual levy for in a format and media acceptable for direct submission to the Auditor-Controller's office prior to the statutory deadline and shall perform adjustments and corrections to the levies on the property tax rolls as necessary. Provide staff with a hard copy report of special assessment as calculated. If corrections/revisions after deadline are necessary, research, recalculate, and follow City staff’s direction to rectify the issue.
4. Serve as the initial and primary contact to City staff, property owners, title companies, and other interested parties for inquiries regarding each District’s administration and annual special assessment installments. A toll free telephone number, to be provided by consultant, will appear on the regular property tax billing next to the specific District line item to facilitate contact with the public. The City may also refer property owners, title companies, and other interested parties with inquiries regarding each District’s administration and annual special assessment installments directly to the consultant.
SCOPE OF SERVICES
COUNTY SERVICE AREA 152 (CSA 152)
1. Maintain and annually update an electronic database containing parcel characteristic data and annual assessment levy amounts by Assessor’s Parcel Number ("APN"). Database to include at a minimum, current year and historic tax roll information, parcel classifications, property owner information, development status and land use classification.
2. Determine the levy requirement for the current Fiscal Year for CSA 152. Calculate and submit the annual levy for CSA 152 in the media, format, and configuration acceptable for submission to the Economic Development Agency (EDA) prior to EDA’s deadline, August 10, and shall perform adjustments and corrections to the levy as necessary.
3. Complete all CSA 152 reports required by the state and other federal agencies.
Item Number: 6.
QUALIFICATIONS:
▪ What is your firm’s main focus (district administration, engineering, law, etc.)? ▪ Describe your firm’s experience with respect to the scope of services requested above. ▪ What unique qualifications set your firm apart from others? ▪ List the agencies, number of districts and aggregate parcel counts which your firm levied on the 2022-23 tax roll.
▪ Indicate the number of Continuing Disclosure Reports which your firm prepared and disseminated in the past 12 months.
▪ Provide a list of other agencies for whom you provide similar services in Riverside County.
Include contact information for at least three agencies for reference contact. ▪ Identify the consultant in charge of each service area for this proposal. Also, identify the individual(s) who will be working on day-to-day activities with staff. Briefly describe these individuals experience.
▪ List any sub-consultant that may potentially be used on this project along with the specific tasks they might perform, years of experience regarding specific tasks, and a description of their experience.
▪ List any other duties, tasks or assignments that you might perform under this contract that are not listed in the scope above.
SAMPLE REPORTS:
Please include samples of the following reports as prepared by your company:
▪ Levy report
▪ Levy Audit Map
▪ Disclosure report
▪ Delinquency report
▪ Time line for the annual levy process.
▪ Budgets
FEE SCHEDULE
The City is seeking one firm who can provide all of the services requested in the proposal.
Individual services will be considered separately if warranted based on all factors. Therefore, the City requests that prices for services be separated for each special district according to the services requested in the following categories:
▪ Administration and Levy
▪ Municipal Disclosure
▪ Delinquency Management
▪ Any Other Services provided
Please state any one-time fees there would be to start-up services for the City.
Item Number: 6.
EXHIBIT B
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
CITY OF DESERT HOT SPRINGS
AND
______
This Professional Services Agreement (“Agreement”) is made and entered into this ____ day of _____, 2023, by and between the City of Desert Hot Springs, a municipal corporation located in the County of Riverside, State of California, hereinafter referred to as the “City,” and ________., a _____, hereinafter referred to as “Consultant.”
RECITALS:
WHEREAS, the City desires to utilize the services of Consultant, as an independent contractor, to provide the City with _____ as directed by the City on an as needed basis (sometimes hereinafter, the “Services”), as described in more particularity in Exhibit “A,” attached hereto and incorporated herein by this reference as the “Scope of Services”; and
WHEREAS, Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS,
CONDITIONS AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER
GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS:
Section 1. RECITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth in full herein.
Section 2. SCOPE OF SERVICES
Consultant shall provide to the City the Services on an as-needed and asdirected basis in a manner satisfactory to the City and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions, as described in more detail in the Scope of Services. In the event a conflict exists between this Agreement and the Scope of Services, the former shall supersede.
Item Number: 6.
Section 3. TERM
This Agreement shall commence as of the date in the opening paragraph of this Agreement and shall continue in force and effect until terminated, in accordance with Section 7 of this Agreement, subject to allocation of funds pursuant to a duly approved City budget.
Section 4. COMPENSATION
The City agrees to pay Consultant for and in consideration of the faithful performance of the Services and duties set forth in this Agreement, and Consultant agrees to accept from the City, as and for compensation for the faithful performance of said Services and duties, ____ Dollars and Zero Cents ($____.00) per hour, and estimate Consultant shall provide twenty (20) hours a week of Services to the City, subject to Section 2 of this Agreement, in a total amount not to exceed ___ Dollars and Zero Cents ($_____.00).
Section 5. METHOD OF PAYMENT
a. Consultant shall submit invoices to the City, not more often than once a month, describing the work performed. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. The City shall pay Consultant no later than thirty (30) days after approval of the invoice by City staff provided that the services reflected in the invoice were performed to the reasonable satisfaction of the City in accordance with the terms of this Agreement, that the number of hours of service set forth in the invoice reflect the amount of time ordinarily expended for such service by members of the profession currently practicing in the same locality under similar conditions, and that all expenses, rates and other information set forth in the invoice are consistent with the terms and conditions of this Agreement. Review and approval of invoice by City staff will occur within thirty (30) calendar days of receipt of invoice via email.
b. The Consultant shall submit invoices under this Agreement to:
Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
Section 6. EXTRA WORK
Item Number: 6.
At any time during the term of this Agreement, the City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by the City to be necessary for the proper completion of the Services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform Extra Work without written authorization from the City.
Section 7. TERMINATION
This Agreement may be terminated by the City immediately for cause.
Either party may terminate this Agreement without cause upon twenty-four hours (24) hours written notice of termination to the other party. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination, provided that Consultant shall have satisfied all its obligations under this Agreement through and including the effective date of termination, and is not otherwise in breach of this Agreement.
Section 8. OWNERSHIP OF DOCUMENTS
All plans, studies, documents and other writings, including drafts, prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party.
Consultant shall, at its expense, provide such reports, plans, studies, documents and other writings in pdf format to the City upon written request, or such other electronic format as reasonably requested by the City.
Section 9. CONFIDENTIALITY
a. All ideas, memoranda, specifications, plans, procedures, drawings, photographs, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without prior written consent of the City, be used by Consultant for any purposes other than the performance of the services under this Agreement, nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
b. Consultant shall not use the City’s insignia or photographs relating to Consultant’s Services, or any publicity pertaining to the Consultant’s Services Item Number: 6.
under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.
Section 10. CONSULTANT’S BOOKS AND RECORDS
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where the City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, the City may, by written request of any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained at City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.
Section 11. INDEPENDENT CONTRACTOR’S STATUS: NOT
AGENT OF THE CITY
Consultant shall at all times during the term of this Agreement remain, as to the City, a wholly independent contractor and shall perform the services described in this Agreement as an independent contractor and further, hereby waives any claims for any compensation or benefits afforded to City employees and not to independent contractors. Neither the City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as herein set forth. Nothing contained in this Agreement shall be deemed, construed or represented by the City or Consultant or by any third person to create the relationship of principal and agent and Consultant shall not, at any time, or in any Item Number: 6.
manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. Consultant shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind the City to any obligation whatsoever.
Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR’S
STATUS OF CONSULTANT
a. Consultant represents and acknowledges the following:
(1) The City is not required to provide any training or legal counsel to Consultant or its employees in order for Consultant to perform the services described in this Agreement.
(2) Performance of the services described in this Agreement does not have to be integrated into the daily business operations of the City. (3) The services described in this Agreement can be performed without the use of City equipment, materials, tools or facilities. (4) Nothing in this Agreement shall be interpreted to imply that the City must maintain any contractual relationship with Consultant on a continuing basis after termination of this Agreement.
(5) The City will not be requested or demanded to assume any liability for the direct payment of any salary, wage or other such compensation to any person employed by Consultant to perform the services described in this Agreement.
(6) Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the City. b. The City represents and acknowledges the following:
(1) Consultant is not required to comply with daily instructions from City staff with respect to when, where or how Consultant must perform the services set forth in this Agreement.
(2) Consultant is solely responsible for determining who, under the supervision or direction of Consultant, will perform the services set forth in this Agreement.
(3) The City will not hire, supervise or pay any assistants working for Consultant pursuant to this Agreement.
Item Number: 6.
(4) Nothing in this Agreement shall be interpreted to imply that the Consultant must maintain any contractual relationship with the City on a continuing basis after termination of this Agreement.
(5) It is the sole responsibility of Consultant to set the hours in which Consultant performs or plans to perform the services set forth in this Agreement.
(6) Consultant is not required to devote full time to the business operations of the City in order to perform the services set forth in this Agreement. (7) Consultant is not required to perform the services set forth in the Agreement in any particular order or sequence.
(8) Nothing in this Agreement shall be interpreted to preclude Consultant from working for other persons or firms, provided that such work does not create a conflict of interest.
(9) Consultant is not required to perform the Services at Cityowned property.
Section 13. CIVIL CODE SECTION 1542 WAIVER
Consultant expressly waives any and all rights and benefits conferred upon it by the provisions of section 1542 of the California Civil Code which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
This waiver shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, that are known or unknown, or suspected or unsuspected, including, without limitation, claims of entitlements under the California Public Employees’ Retirement System (“CalPERS”) that are only afforded to employees and not independent contractors. Consultant further represents and warrants that it understands this waiver and that if it does not understand this waiver, it shall seek the advice of a qualified attorney before executing this Agreement.
__________
Initials
Item Number: 6.
Section 14. CONFLICTS OF INTEREST
a. Consultant (including principals, associates and professional employees) covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source or income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. b. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
(1) Does not make or participate in:
(i) the making or any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of
permits, licenses, applications, certificates, approvals, orders, or similar authorization or entitlement;
(iii) authorizing the City to enter into, modify, or renew a contract;
(iv) granting the City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
(v) granting the City approval to a plan, design, report, study, or similar item; or
(vi) adopting, or granting City approval of, policies,
standards, or guidelines for the City or for any
subdivision thereof.
(2) Does not serve in a staff capacity with the City and in that capacity participate in making a governmental decision or otherwise perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under Government Code Section 87302.
c. In the event the City officially determines that Consultant must disclose its financial interests by completing and filing a Fair Political Practices Item Number: 6.
Commission Form 700, Statement of Economic Interests, Consultant shall file the subject Form 700 with the City Clerk’s Office pursuant to the written instructions provided by the Office of the City Clerk.
Section 15. PROFESSIONAL ABILITY OF CONSULTANT;
WARRANTY; FAMILIARITY WITH WORK; PERMITS
AND LICENSES
a. Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services.
b. By executing this Agreement, Consultant warrants that:
(1) it has thoroughly investigated and considered the work to be performed;
(2) it has investigated the issues, regarding the scope of services to be provided;
(3) it has carefully considered how the work should be performed; and
(4) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. c. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by the City, it shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City Manager or appropriate City representative.
d. Consultant represents that it and all of its subcontractors, if any, have obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.
Section 16. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder.
Section 17. INDEMNIFICATION
Item Number: 6.
a. Consultant shall defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damage, injuries, and liability, direct or indirect (including any and all costs, expenses and attorneys’ fees in connection therewith), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence, recklessness, or willful misconduct of the City, its officers, agents, employees or volunteers.
b. The City does not, and shall not, waive any rights that it may have against Consultant under this Section because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless, indemnification and duty to defend provisions of this Section shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, action, damage, liability, loss, cost or expense described herein.
c. Notwithstanding the provisions of subsections a. and b. of this section, Consultant shall not be responsible for damages or be in default or deemed to be in default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the failure of the City to furnish timely information or to approve or disapprove Consultant’s work promptly, or by reason of delay or faulty performance by the City, construction contractors, or governmental agencies, or by reason of any other delays beyond Consultant’s control, or for which Consultant is without fault.
d. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the City.
Section 18. INSURANCE REQUIREMENTS
a. Policies. Consultant, at Consultant’s sole cost and expense, shall procure and maintain, for the duration of this Agreement, the following insurance policies:
(1) Worker’s Compensation Coverage. Consultant shall maintain Worker’s Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California, of an amount not less than one million dollars ($1,000,000) per accident. In addition, Consultant shall require each subcontractor to similarly maintain Worker’s Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the Item Number: 6.
State of California for all of the subcontractor’s employees. If any class of employees employed by Consultant pursuant to this Agreement is not protected by the California State Worker’s Compensation Law, Consultant shall provide adequate insurance for the protection of such employees to the satisfaction of the City. This provision shall not apply if Consultant has no employees performing work under this Agreement. Consultant agrees to waive its statutory immunity under any worker’s compensation or similar statute, as respecting the City, and to require any and all subcontractors and any other person or entity involved in the Services to do the same.
(2) General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence, combined single limit coverage for bodily injury, personal injury and property damage associated with work contemplated in this Agreement. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Consultant shall provide insurance on an occurrence, not claims-made basis. Consultant acknowledges and agrees that, for purposes of clarification with the intention of avoiding gaps in coverage with any umbrella or excess coverage, personal and advertising injury coverage shall be triggered by an “offense” while bodily injury and property damage coverage shall be triggered by an “occurrence” during the policy period. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CG 00 01 12 07 or any updated form thereof.
(3) Automobile Liability Coverage. Consultant shall maintain commercial automobile liability insurance covering bodily injury, personal injury and property damage for all activities of the Consultant arising out or of in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence, and two million dollars ($2,000,000) in the aggregate. As an alternative, Consultant shall be permitted to obtain a non-owned automobile endorsement to its comprehensive general liability insurance providing the same protection and coverage as though Consultant were to provide separate commercial vehicle liability insurance as set forth in this paragraph. The coverage required in this paragraph shall provide at least as much coverage as that provided by ISO form CA 00 01 or any updated form thereof.
(4) Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services, whether such Services are performed by Consultant or by its employees, subcontractors, or sub-consultants, to the extent such persons other than Item Number: 6.
Consultant are permitted to perform any of the Services under this Agreement.
The amount of this insurance shall not be less than one million dollars ($1,000,000) per claim, and two million dollars ($2,000,000) in the aggregate. b. Endorsements. Unless otherwise specified hereunder, each insurance policy required herein shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
(1) Except as otherwise provided by law, the City, its elected or appointed officers, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
(2) This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it.
(3) This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
(4) The insurer waives all rights of subrogation against the City, its elected or appointed officials, officers, employees or agents. (5) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
(6) The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for any self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City Manager, Consultant may either reduce or eliminate such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The City Manager may condition approval of any reduction or elimination in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
Item Number: 6.
d. Certificates of Insurance. , Consultant shall provide certificates of insurance with original endorsements to the City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
e. Imposition of Insurance Requirements. Provided the City gives its written consent for any persons other than Consultant to perform any part of the Services, Consultant agrees to require that all parties, including but not limited to subcontractors, architects, engineers or others with whom Consultant enters into contracts or whom Consultant hires or retains pursuant to or in any way related to the performance of this Agreement, provide the insurance coverage required herein, at minimum, and name as additional insureds the parties to this Agreement consistent with Section 18b(1) hereof.
Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section.
f. Maintain Coverages. In the event this Agreement is terminated for any reason prior to the completion of all obligations and requirements of this Agreement, Consultant agrees to maintain all coverages required herein until the City provides written authorization to terminate the coverages following the City’s review and determination that all liability posed under this Agreement as to the party providing insurance has been eliminated.
g. Failure to Obtain Coverages. Consultant agrees and acknowledges that if it fails to obtain all of the insurance required in this Agreement in accordance with the requirements herein, or to obtain and ensure that the coverage required herein is maintained by any subcontractors or others involved in any way with the performance of Services, to the extent such is permissible under this Agreement, Consultant shall be responsible for any losses, claims, suits, damages, defense obligations, or liability of any kind or nature attributable to the City or its officers, employees, servants, volunteers, agents and independent contractors.
h. Notice of Cancellation or Reduction in Coverage. In the event that any coverage required in this Agreement is canceled, reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to the City either by facsimile and/or via certified mail, at Consultant’s earliest possible opportunity and in no case later than fifteen (15) calendar days after Consultant is notified of the change in coverage.
Section 19. NOTICES
Item Number: 6.
a. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows:
To the City: Luke Rainey
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Telephone: (760) 329-6411
Facsimile: (760) 288-3129
Email: [email protected]
To Consultant: _____
_____
_____
b. Notices, payments and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail.
Section 20. DEFAULT
a. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within fifteen (15) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder.
b. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default.
Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein.
c. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default.
d. In the event that a default of any party to this Agreement may remain uncured for more than fifteen (15) calendar days following written notice, as provided above, a "material breach" shall be deemed to have occurred. In the event of a material breach, the injured party shall be entitled to seek any Item Number: 6.
appropriate remedy or damages as otherwise set forth herein and by initiating legal proceedings.
Section 21. REMEDIES
If Consultant materially breaches any of the terms of this Agreement, the City’s remedies shall include, but shall not be limited to, the following:
a. Immediately terminate the Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services that are not finished by Consultant.
Section 22. ENTIRE AGREEMENT
a. This Agreement supersedes any and all other agreements, either oral or written, between the City and Consultant with respect to the subject matter of this Agreement.
b. This Agreement contains all of the covenants and agreements between the parties with respect to the subject matter of this Agreement, and each party to this Agreement acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this Agreement. c. No agreement, statement, or promise not contained in this Agreement shall be valid or binding.
Section 23. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument signed by both parties.
Section 24. ASSIGNMENT AND SUBCONTRACTING
a. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the written consent of the City.
Item Number: 6.
b. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written consent of the City. If the City consents to such subcontract, Consultant shall be fully responsible to the City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as required by law.
Section 25. WAIVER
a. No waiver shall be binding, unless executed in writing by the party making the waiver.
b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision.
c. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this Agreement.
Section 26. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained herein is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or sections contained herein.
Section 27. VENUE
All proceedings involving disputes over the terms, provisions, covenants or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in Riverside County, California.
Section 28. LITIGATION EXPENSES AND ATTORNEYS’ FEES
In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof.
Item Number: 6.
Section 29. EXECUTION IN COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least a copy hereof shall have been signed by both parties hereto.
Electronic and facsimile signatures shall be deemed the same as original signatures. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
Section 30. PROHIBITED INTERESTS
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 31. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and shall not discriminate against any subcontractor, employee, or applicant (“person”) for employment because of race; denial of family and medical care leave; religious creed (including religious dress and grooming practices); color; national origin (including language use restrictions); ancestry; physical disability or mental disability (including HIV and Aids); medical condition (cancer and genetic characteristics); genetic information; military or veteran status; marital status; gender, gender identity, and gender expression; sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); age or sexual orientation. Unless otherwise permitted under the law, Consultant shall not refuse to hire or employ any such person or refuse to select any such person for a training program leading to employment, or bar or discharge any such person from employment or from a training program leading to employment, or otherwise discriminate against any such person in compensation or in terms, conditions, or privileges of employment.
Section 32. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
Section 33. PRINCIPAL REPRESENTATIVES
Item Number: 6.
a. _____ shall be Consultant's Principal Representative and the person responsible for undertaking, managing and supervising the performance of all of the Services for this Agreement. Consultant's Principal Representative's experience, knowledge, capability and reputation were a substantial inducement for the City to enter into this Agreement, and as such, for the purposes of performing the Services, the duties of Consultant's Principal Representative shall not be reassigned, without the express written consent of both parties. b. Charles Maynard, shall be the Principal Representative of the City for purposes of communicating with Consultant on any matter associated with the performance of the services set forth in this Agreement.
Section 34. NON-LIABILITY OF CITY’S OFFICERS AND
EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Consultant or to its successor, or for any breach of any obligation of the terms of this Agreement.
Section 35. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that one of the parties was solely responsible for preparing it or caused it to be prepared as both parties were involved in drafting it.
Section 36. PROTECTION AND CORRECTION OF WORK
a. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages.
b. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to the City, when such inaccuracies are due to the fault of Consultant.
Section 37. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.
Section 38. GOVERNING LAW
Item Number: 6.
The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with California law.
Section 39. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
Section 40. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any provision of this Agreement be so construed.
Section 41. OTHER GOVERNMENTAL REGULATIONS
To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
Section 42. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
a. Each of the parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the parties hereto. b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent.
Section 43. SUCCESSORS AND ASSIGNS
The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties hereto.
Section 44. SURVIVAL
All obligations arising prior to any termination of this Agreement and all provisions of this Agreement allocating liability between the City and Consultant shall survive any such termination.
Item Number: 6.
Section 45. FINGERPRINTING
Consultant hereby acknowledges that the people working with the City must pass a background check and that s/he is required to be livescanned (fingerprinted) by the City of Desert Hot Springs Police Department, at Consultant’s expense, prior to execution of this Agreement. In the event Consultant does not do so prior to execution, Consultant agrees to do so immediately following execution hereof.
Section 46. USE OF RECYCLED PRODUCTS
Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
Item Number: 6.
CITY OF DESERT HOT SPRINGS
_____________________________
Luke Rainey, City Manager
ATTEST:
_____________________________
Jerryl Soriano, City Clerk
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
_____________________________
________
_____________________________
Name, Title
N:\DHSO\0001-01 General\Doc\6051
Item Number: 6.
Item Number: 6.
Item Number: 6.
December 1, 2022
Jerryl Soriano, City Clerk
City of Desert Hot Springs
11-999 Palm Drive
Desert Hot Springs, CA 92240
RE: Request for Proposal - Special District Administration Services Dear Mr. Soriano:
Webb Municipal Finance, LLC (WMF) has enclosed our response to your Request for Proposal to provide Special District Administration Services.
Our statement of qualifications reflects an experienced technical team who is strong in all consulting engineering services required for your various projects. WMF is confident we can tailor solutions to meet your needs and develop a strong relationship moving forward.
WMF’s Staff has partnered with cities, counties, water districts, and special districts across California to provide excellent consulting and administration services. We operate as an extension of your staff to become a key resource for the City of Desert Hot Springs (City). WMF has an exemplary understanding of the requirements outlined in your Request for Proposal and can provide the requested services as outlined. WMF would like to illustrate to the City what makes us the absolute correct choice for your projects. • Registered Municipal Advisory Firm with multiple registered Municipal Advisor Representatives as required be the Securities Exchange Commission (SEC) to preform some services related to bonded districts, formations, and bond issuances
• Manageable amount of projects currently under contract due to our ability to adjust our staffing levels to maintain a high quality of service without sacrificing local knowledge • Our team, Heidi Schoeppe, Charmaine McCarvel, and Nadia Benali have over 40 years of combined experience providing similar services to other public agencies throughout southern California • Consistency of WMF’s Project Team and seamless transition of contract • Comprehensive, up-front pricing with no hidden fees or one-time fees for start-up services • Historical knowledge and direct experience with the administration and formation services for the City’s Special Financing Districts
As President/Managing Director and Chief Compliance Officer, I offer my personal commitment to provide the City the best resources and services available. If you have the need to talk to me at any time, either before or after your selection decision, please call me at my direct number 951.320.6087, or you can email me at [email protected] Sincerely,
Heidi Schoeppe | Registered Principal Municipal Advisor Representative President/Managing Director, Chief Compliance Officer
[email protected]
951.320.6087
3788 McCray Street
Riverside, CA 92506
951.200.8600
webbmfinance.com
Item Number: 6.
Table of Contents
Section 1. Firm Profile 1
Section 2. Experience/Qualifications Information 3
Section 3. Key Personnel 6
Section 4. References 15
Section 5. Project Understanding & Scope of Services 25 Section 6. Fee Schedule 37
Section 7. Cost Proposal 38
Item Number: 6.
1 Section 1. Firm Profile
Firm Specifics
Legal Name:
Webb Municipal Finance, LLC
Legal Form:
Limited Liability Corporation
State of Incorporation:
California
Established:
January 18, 2018
MSRB ID:
#K1229
Authorized to Sign (Main Contact):
Heidi Schoeppe
3788 McCray Street
Riverside, CA 92506
951.320.6087
[email protected]
webbmfinance.com
In 2018, Webb Municipal Finance, LLC (WMF) became a separate entity from Albert A. Webb Associates (WEBB) due to the rules imposed by the U.S. Securities Exchange Commission (SEC) requiring firms and consultants providing certain types of services to municipal agencies, such as the County of Riverside, to register with the SEC and Municipal Securities Rulemaking Board (MSRB). In compliance with the SEC’s ruling, and to ensure our ability to continue providing comprehensive services to the County of Riverside and other clients, WEBB took measures to transition the Municipal Finance Department to this new entity, now known as Webb Municipal Finance, LLC (WMF). As a registered Municipal Advisor Firm, we are regulated and have a fiduciary duty to our clients above that of any non-registered firm.
Our team of Associates is comprised of senior level staff, multiple Registered Municipal Advisors Representatives, and experts who have dedicated their careers to assisting communities build the necessary services and infrastructures through special financing districts.
Our robust list of services, proven experience in all areas of municipal finance, and excellent project management approach, coupled with our mission of “integrity in our dealings with clients, staff, public officials, and the public,” is what makes WMF the absolute right choice to provide efficient and fluid management for all projects.
Item Number: 6.
2 Get more
than everyday
solutions.
Your Success. Our Solutions.
WMF works to serve as an
expert resource for your staff
to ensure our clients are aware
of and are in compliance
with all existing legislature
& to proactively research &
inform our clients of new &
potential legislature affecting
the administration and other
aspects of all special financing
districts.
We value our relationships we
have with the communities
in which we do business and
we are equally vested in the
success of all our clients. WMF
currently provides consulting
services to over 20 public
agencies.
We are a forward-thinking firm
that encourages every associate
to look “outside the box” for
progressive solutions.
We enthusiastically approach
pioneering solutions for our
clients by solving clients’
challenges regarding project
missteps with an innovative
answer to the problem. We are
pundits in the area of California
Government Code and with a
collaborative effort, we are able
to provide progressive solutions
in concert with all laws and
regulations within the industry.
Item Number: 6.
3 Section 2. Experience/Qualifications Information
WMF’s Team has successfully formed and administered hundreds of special financing districts, annexations, bond sales/refundings, and billions in bond issuances. These special districts include districts formed under the Landscaping and Lighting Act of 1972, Benefit Assessment Act of 1982, Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, and Community Services Areas. The following charts illustrate a list of our clients and services. We have also provided project references for the City’s review in Section 4. References.
Active Community Facilities Districts (continued on next page) Fiscal Year 2022-2023
CLIENT & CONTACT BONDED
CFDs
SERVICES
CFDs
CFD
PARCELS
AMOUNT
ENROLLED
City of Beaumont
Jennifer Ustation, Finance Director
951.769.8520 - [email protected]
35 40 28,459 $25,607,860.04
City of Chino
Robert Burns, Director of Finance
909.334.3262 - [email protected]
24 17 12,330 $22,832,455.66
City of Desert Hot Springs
Geoffrey Buchheim, Administrative Services
Director
760.329.6411 x227 - [email protected]
1 34 499 $1,008,295.06
City of Redlands
Don Young, Engineering Manager
909.798.7585 - [email protected]
-- 15 620 $578,200.12
City of Riverside
Heidi Schrader, Debt & Treasury Manager
951.826.3904 x4952 - [email protected]
8 1 846 $3,369,767.82
City of Temecula
Jennifer Hennessy, Finance Director
951.694.6430 - [email protected]
6 3 9,122 $8,319,461.32
City of Tustin
Jason Al-Imam, Director of Finance
714.573.3061 - [email protected]
4 6 4,753 $12,220,886.66
Coachella Valley Water District
Karrie Swaine, Controller
760.398.2661 x2291 - [email protected]
1 -- 256 $677,820.72
County of Riverside Executive Office
Stephanie Persi, Senior Management Analyst
951.955.1141 - [email protected]
6 -- 10,257 $9,625,977.38
East Orange County Water District
David Youngblood, General Manager
714.538.5815, [email protected]
1 -- 9 $47,902.23
Item Number: 6.
4 Eastern Municipal Water District
Laura Nomura, CPA, Deputy General Manager
951.928.6154 - [email protected]
85 -- 19,152 $22,399,728.00
Jurupa Community Services District
Steven Popelar, CPA, Director of Finance
951.685.7434 x525 - [email protected]
66 54 33,360 $37,723,727.94
City of Rialto
Thad Coffing, Accounting Supervisor
909.421.4998 - [email protected]
5 -- 822 $896,976.23
CLIENT & CONTACT BONDED
CFDs
SERVICES
CFDs
CFD
PARCELS
AMOUNT
ENROLLED
Active Assessment District Levies | FY 2022-2023
CLIENT & CONTACT NO. OF
ADs
NO. OF
PARCELS
FY 2021-22
AD ENROLLMENT
City of Riverside
Heidi Schrader, Debt & Treasury Manager
951.826.3904 x4952 - [email protected]
3 1,184 $2,103,837.68
Coachella Valley Water District
Karrie Swaine, Controller
760.398.2661 x2291 - [email protected]
3 978 $957,397.22
County of Riverside Executive Office
Stephanie Persi, Senior Management Analyst
951.955.1141 - [email protected]
1 376 $197,543.46
Eastern Municipal Water District
Laura Nomura, CPA, Deputy General Manager
951.928.6154 - [email protected]
5 2,463 $1,331,218.10
Hi-Desert Water District
Ryan Hutchins, Financial Business Analyst
760-228-6279 - [email protected]
1 10,299 $2,603,736.84
Mission Springs Water District
Arturo Ceja, Director of Finance and Accounting
760-660-4331 x 134 - [email protected]
1 425 $547,288.30
Total 14 15,725 $7,741,048.60
Item Number: 6.
5 CLIENT & CONTACT
ANNUAL
ENGINEER’S
REPORTS
ACTIVE
ZONES
PARCELS
LEVIED
AMOUNT
ENROLLED
City of Chino
David McAbee, Public Works Services Manager
909.334.3250 - [email protected]
2 180 5,578 $654,474.29
City of Desert Hot Springs
Geoffrey Buchheim, Administrative Services Director
760.329.6411 x227 - [email protected]
3 30 17,157 $1,115,865.74
City of Riverside
Heidi Schrader, Debt & Treasury Manager
951.826.3904 x4952 - [email protected]
3 3 75,925 $4,138,621.10
City of Temecula
Patrick Thomas, Director of Public Works/City Engineer
(951) 506-5163 - [email protected]
1 30 46,460 $5,421,838.44
Edgemont Community Services District
Jessica Pfalmer, General Manager
951.784.2632 - [email protected]
1 2 1,546 $480,081.34
Jurupa Community Services District
Steven Popelar, CPA, Director of Finance
951.685.7434 x525 - [email protected]
6 44 8,132 $612,080.28
City of Rialto
Amy Crow, Administrative Analyst Maintenance & Facilities 909.421.7221 - [email protected]
3 26 9,240 $1,495,705.96
Town of Yucca Valley
Armando Baldizzone, Public Works Director
760.369.6579 x 307 - [email protected]
2 7 217 $50,783.41
City of Thousand Oaks
Jim Taylor, PE, MPPA, CFM, Senior Engineer
805.449.2442 - [email protected]
1 49 54,684 $5,708,590.90
Total 22 347 218,939 $19,691,952.06
Active Landscape & Lighting Maintenance Districts
Fiscal Year 2022-2023
Item Number: 6.
6 Section 3. Key Personnel
Knowledge, experience, and responsiveness are key elements of a strong team required to exceed the City’s goals and expectations for this project. WMF’s Team of professionals will deliver these key elements. We are experts in the area of California Code and with a collaborative effort, we are able to provide progressive solutions in concert with all laws and regulations within the industry.
Our approach fosters relationship-building with your staff, allows for ease in discussion of any potential issues that may arise, and immediately provides quick resolutions. This improves overall project management, reduces the opportunity for mistakes and delays, and allows our staff to provide effective and efficient services.
Based upon the scope of work required and her institutional knowledge of the City’s Special Financing Districts, Charmaine McCarvel has been selected to serve as the City’s Project Manager. Charmaine has over 18 years of expertise in administering Benefit Assessment Districts, Landscaping and Lighting Maintenance Districts, Assessment Districts, Community Facilities Districts, Community Services Districts, and tax roll billing.
Assisting Charmaine will be Nadia Benali, who will act as the Assistant Project Manager. Having performed administration services for the City’s 71 districts (includes all zones), Charmaine and Nadia both have an institutional knowledge of the City’s goals and expectations. They will be responsible for the day-to-day and technical management of the project and their functions will include:
• Facilitating frequent and consistent communications with City Staff • Implementing the overall delivery plan
• Managing the overall scope, schedule, and budget
• Implementing the QA/QC Program
Charmaine will be assisted by Heidi Schoeppe who will act as the Principal-in-Charge. Heidi will also be the direct point-of-contact with the City for all contractual matters, focusing on resolving any critical contract issues as soon as they are identified. Also assisting with the City’s project is David Messenger.
WMF will utilize Albert A. Webb Associates (WEBB), a long-standing civil engineering and planning services firm, for Assessment Engineering services and review of the Annual Engineer’s Report. All WMF Team members are involved in every project and are available for comments, questions, and discussions at any frequency as requested.
Personnel resumes have been provided on the following pages.
Project Manager
Item Number: 6.
7 ORGANIZATIONAL CHART
PRINCIPAL-IN-CHARGE
Heidi Schoeppe
President/Managing Director & Chief Compliance Officer
Years of Experience: 18
ASSISTANT PROJECT MANAGER
Project Analyst
David Messenger
Assessment Associate
Years of Experience: 6
GIS Specialist
Joshua Norris
Assessment Analyst
Years of Experience: 3
Nadia Benali
Senior Assessment Associate
Years of Experience: 14
PROJECT SUPPORT
PROJECT MANAGER
Charmaine McCarvel
Assessment Manager
Years of Experience: 18
Matthew Webb, PE, TE, LLS
Albert A. Webb Associates - President/CEO
Assessment Engineer
SUBCONSULTANT
The following chart provides an overview of key personnel who will be responsible for the City’s project. Detailed resumes of key staff are located in the following pages.
Item Number: 6.